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HomeMy WebLinkAbout97-05695 , ! ,I) , " I ,i , ,'il , , ,"II 'I ,) 1'-"1 h 1 ,1 , .~ 'jll :Ii' ,~, ~ , ';i I " , ';'; ", ",:, I -., ,r'l ,",~ j'~1 '"h' ",~ \I\J tl~ Iii jm 1)'- ,\ , I II, ~ It . -7 'I 1J ~ c) 11.'1' j 6:1 II: 'I I " ,". !!J ;.1 ,r e .~. d 'i 1':1 , ' , ,'" , , " " l{} 0- ....9 l.() " , ,-.' .' I' ,I., ,I I' ill , " " " , :' " " '. SUSAN L, CRUMPLER, I IN THE COURT OF COMMON PLEAS plaintil!f I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 97-5695 CIVIL TERM I E. MICHAEL FOX/ D,M.D./ I CIVIL ACTION - LAW Defendant I I JURY TRIAL DEMANDED ORDBR OF COURT AND NOW, this / Cf 1'- of foregoing Petitioll, I " / ' /t { ~ d;' , . I.. '~ I ,/ /' ~ . I:t-i "c, / Esq., and I <. L .1-0. /.. Esq. a e appointed 'trators in the above-captioned case. I' J. .' , in ',' I, .' , " .. " ~.. '.. , ~ I, .. , ~ ., -. : .. 1< ~ <-.J, .'.1 !l.-J 0- \}o ,."J 1 ,/.' - .... -- I.:. 8 <"1 " t ,\ I it!- j 1.'.' ,(.1.. '& I..., ) Vi'} " .- l.l . {~ , ....... (;) 'Of. " ... , , " , " " ", , , 'I , I , ! ,,' J, .~ ~ '.. t.". t: .. -, I,:. .-,', ,,' , j ,h ~ rt. ~ lJ.I :z ~ Cl - ~ ~ 5, ~ ~ < ~ ~ :z ~:;l ~ ~ ~ ~ rt. ~ ~ ~ I . ~ ~ @- lJ.I ~ 8 ~ i:l \.J ~ w - it 0.. '::0 ~ ~ ~ \i u ~ ~ '" ~ " ~ el >< ii1 - '" ~ ~ ..I' ;i . SUSAN L. CRUMPLER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM DR. E. MICHAEL FOX, Defendllnt CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICB TO DBFBtiQ 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la dernanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, 1a corte tomara medidas y puede entrar una orden cont~a usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que ss pedido en 1a peticion de demanda. Usted puede perder dinero 0 SUB propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM SUSAN L. CRUMPLER, plaintift DR. E. MICHAEL FOX, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff is an adult individual residing at 544 Susan Way, Harrisburg, Dauphin county, Pennsylvania. 2. The Defendant is an adult individual who at all times relevant hereto, held himself out as a dentist who specialized in periodontics and dental implants, having an office at 395 st. John's Church Road, Camp Hill, Cumberland County, pennsylvania. 3. On or about November 26, 1990, Plaintiff came under the care and treatment of the Defendant. 4. Plaintiff believes, and therefore avers, that sometime during 1991, she underwent a surgical procedure whereby the Defendant placed in her mouth stainless steel implants. 5. During the summer of 1996, plaintiff noticed tenderness in her upper jaw in approximately the same area where the right implant had been placed by the Defendant. 6. During the summer of 1996, Plaintiff continued to have tenderness and pain in the area, and sought dental t~eatment for the problem. 7, on or about August 1, 1996, Plaintiff had to undergo an emergency surgical procedure to remove foreign bodies that had the potential to cause her serious illness. B. During the surgical procedure on August 1, 1996, it was determined that Defendant had negligently left the foreign material in the Plaintiff's mouth at the time that he had done his original implant surgery. 9. Defendant failed to remove the foreign material at the time that he performed his surgical procedure, and/or alternatively, Defendant if he intended to leave the foreign material, failed to advise the plaintiff of the necessity to have the material removed or the dangers that it posed to her health if the foreign material remained in her body. 10. As a result of the Defendant's negligence, Plaintiff has undergone great pain and suffering and may undergo pain and sUffering in the future. 11. As a result of the Defendant's negligence, Plaintiff has had to incur medical/dental expenses and will need to incux' medical/dental expenses in the future to restore her health. 2 th~r~ b anuth~l' hlllly of authority and oplniun lllth~ cUlllrary. 1>1'. Fox pl~ads us u def~lls~ the "two SdlllUls of thou!,!ht" doctl'ill~. 17. If Dr. 1'0,\ Was ll~!,!Ii!,!elll. which Is lleverthcl~ss d~lllcd, such lleglll!~llc~ was 1101 a le!,!al "I' proximate cause of Plaillliff's illJurles. llUr did it illcreus~ the risk of hurmlllPlaintiff, nor was it a suhstamial factlll' ill causing the allegcd InJurl~s. Ill. If Plaimiff's illJuries wer~ caused hy lleglig~1Il cOllduct. this was th~ conduct of third pcrsons. rather than Dr. Fox alld such third-party Il~gligellcc, If allY. was a supersedillg caus~ ,IS tll allY allegcd lIeglig~lIce 011 the part of 01'. Fox. which negligencc Is nevcrthcless denicd, 19. Plaintiff's claims may he limited or harred by operation of the applicable statute of limitations. 20, It is helieved. and thereforc averred. that discovery wili show that Plaintiff wa,s negligcnt and that her lIegligence ~xccedcd the negligence, if any, of Dr. Fox. thereby barring her recuwry hy operation of the Pennsylvania Compamtive Negligence Act. 21. All claims ano causes of actioll pleaded against Dr. r:ox arc harred by Plaintiff's knowing amI voluntary infonneo consent to the care and trcatment in question. 22. Plaintiffs claim:. may hc harrcd 01' limited hy operation of the doctrine of res juc/icCII<I, 23. Plaintiffs Complaint fails 10 slale a cause of aClion upon which relief can be granled, :2 ~. (4 :. ~~ . ,~,1 1,1""l' '.Ii' ~I' 'II ';'/,' 0;0'1 .:1, N \~ It: l..; ~. ~: ?5. '"I"f. i~1~ , . ;f II. !'<;. ". i'~)~-1 .or- .,1'\ 'It 'Il-\~ l.!~, ".~ .. ( '>J .- .'" .,1.. ...-,; I::? ,~ " , , ,. I, " I' , .~ . " .1 , ~ ", " , , " II' ii, 'It '" " I' '" ".'1 ':1: " , , " " I " .' . , " , I " , , ,), , , ,\ " '\' . . . v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I,AW SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD, Defendant NO. 97-5695 CIVIL TERM ORDER OF COURT AND NOW, this eth day of November, 2000, upon consideration of Defendant's Motion for Sanctions, and following a discovery conference held in the chaniliers of the undersigned judge in which Plaintiff was represented by Richard H. Wix, Esquire, and Defendant was represented by Thomas R. Miller, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. A deposition of Defendant shall be held during the month of December 2000 at the convenience of counsel. 2. Within sixty days of the said deposition, Plaintiff shall serve upon Defendant's counsel a copy of a report of any expert whom Plaintiff intends to utilize at trial. In the absence of a timely production of such report, Plaintiff will be precluded from presenting expert testimony without further Order of Court. By the Court, Richard H. Wix, Esquire 4705 Duke Street Harrisburg, ~A 17109 Attorney for Plaintiff JThomas R. Miller, Esquire P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 Attorney for Defendant srs - ,I I,/) II ):,Y--/i L 16.!- T IT SUSAN L. CRUMPLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW E. MICHAEL FOX, DMD, Defendant NO. 97-5695 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2000, upon consideration of Defendant's Motion for Sanctions, and following a discovery conference held in the chambers of the undersigned judge in which Plaintiff was represented by Richard H. W.ix, Esquire, and Defendant was represented by Thomas P.. Miller, Esquire, and pursuant to an agreement of counsel, it is ordlllred and directed as followsl 1. A deposition of Defendant shall be held during the. month of December 2000 at the convenience of counsel. 2. Within sixty days of the said deposition, Plaintiff shall serve upon Defendant's counsel a copy of a report of any expert whom Plaint'iff intends to utilize at trial. In the absence of a timely production of such report, Plaintiff will be precluded from presenting expert testimony without further Order of Court. By the Court, J. Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109 Attorney for Plaintiff Thomas R. Miller, Esquire P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 Attorney for Defendant srs ~~ -ff)~ 11-/3-06 RK3 ,..!, 6. Within Delcndnnt's Au~ust :.l:.!, :.lOOO, Motion to mnko rule IIbsolute Defendant averred thllt the discovery requeBts Bought, inter Illill. the identity nnd opinions of Plaintiffs' expert witnelil!, 6. On or about September H, :.lOOO, Plllintiff served Defendnnt, viu First Cluss mail, with her an8wers to Defendnnt's interro({ntories. Plnintitl's responses to Defendant's requests for production of documents are still outstanding. 7. In response to interrogatory 2:3 which sought the identity of all experts employed to testify on behalf of Plaintiff as well as the subBtance of the facts and a summary of the grounds in support of each opinion said experts would render at trial, Plaintiff responded by stating" Plaintiff at this time does not have any expert witness. This interrogatory will be answered by a supplemental answer." 8. In request for production No.2, served upon Plaintiff on January 31, 2000, the identity of all expert opinions. reports. summaries, or other writings of all experts to be called to testify at trial was requested. 9. Plaintiff has failed to answer Defendant's document requests in direct violation of this Court's August 25, :olaOO Order, which directed Plaintiff to provide "full and complete" responses within twenty (20) days of service of the order, or by September 19, 2000. Further, Plaintiffs answer to interrogatory 23 is clearly not a full and complete response, but merely another delay tactic. 10. Defendant's discovery requests have been pending nine months. 'I'his cause of action has been pending since November of 1999. yet Defendant is still uncertain of the basis upon which Plaintiff generally avers he was negligent during the course of oral surgery performed in November' of 1990. I' , " " I' '.. If) f;:; Ii; ~ (,~ .. !'i. C'': " 'I"~ :r; ."1) I, " I .:':,:[' I, I '.. )::7 , I . ~ ' .,... ,\I ,. ~J) I I, I .' " 'V7 I. ~~ IILLI (.) .:2"1.; I ~J 1 l."'" :.:1 I' ;,~') (,) "(- ";; I'. 1\\') , I ii d, ,I h'. .,\, " .' ,,'j , " I, ',I ,-l, I',. , I " " "Ii I' dll'-' '.1" '1,' I 'I. I/_l .~ )1\ " , , , ,/ ,\ " ~ /..... I;]) .;!-; - ,., If: II) '.,J:: .. '- ,~ ~.,',! i r" ( ,).. '," M ,\ f...}'1 ". cJ ,', '..;,: ~ ~ (.)1; l.:~ :~f VJ (1-.-1" t.., ., ~~ ~ J I' i. -, ,'r',/ " Q ~~ - Q ,... , . 'C Ql ..) U ~ 3 r- 11 ~ ' ' 0- \t)~ .~ . - - ~ - \. ,.. " , " I OFFlI:r f)rl'if ;'lIrllIFF CII" "I 'Y OCT 17 8 O~ AH '91 I,; /./ i I :.Ji,,'i PEIHjS (lVMIIA " , , " J . ~ ji m ~~~ !. ~ I .S ! . ~ S ~ J :a '!I: lt1 j J~~ ~. . Q.; tn tJ - 8 ~ .., ~ .(1; .... .~ r ~ . ., ~ ~ i=~~ ~ , ~ 0.1 ,. I ! ~~S ~ . ~ l"" . .1t'I ,.... '" .lI'l .~J~~ ~ ~~ tJ . ......-.r _ ~ . , . ~~. ~\ ~:'. ~ . . . .'- " , I;' " . I I' , , 1.1 ~ '.~) ~,- I , I I , ~ :r , , I . . , , , " e l:, , , . , " " ; ,,', ", iLi I I i"~ " , -.' - L (.J , I , " .\ , , ., .i' , , , ,I 1..;" . , , , .. , \ n " . ~ j.e_ , '\ . , , , .h'..' , , b G) , I( .'- , I I ~t, ,", , I... -;:, 'i ro '\J 'J\\..\~ ;J l.t:; t<'i; ;/' " ), " il\' ~;;, '" , , \/\". ,.. ",'r;,t.. ....' ..,.:1..) y'" .' . .;<. .' , ~ ..;.; 11\ :.'.. ..... I , /J. c~ , ,I " 'I ;\ , , ,I I, i, ; . SUSAN L. C~UMPLER, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO, 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED v, E. MICHAEL FOX, DMD Defendant CERTIFICATE PRE-REOUISITE TO SERVICE OF SUBPOEN~ As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1, A Notice of Intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificato; 3. No objection to the subpoenas has been received; and 4, The subpoenas which will be served are identical to the subpoenas which is attached to the notice of intent to serve the subpoenas. MILLER and MILLER By: Thomas R. Miller, Esquire I. D. No. 49801 113 Locust Street P. O. Box 709 Harrisburg, PA 17108 Attorneys for Defendant DATED: February 10, 2000 r-' , '>. ,.. \.- ~;', (,,:. -,;' .1 ,. .- (~I :-!..r 11"- , I ..~ ) ~T',~ i1\/' ~ .~ : ' .....1.. ,. 1:1.. il ~j , ,..... l,.' , - ",\..('1) . I, ' - r "'~ , h, \.'rl'. , I,Ll V ~ l,~ J! ~~. \;.. ~',~ , .. ,. I~.l I.) l~ ) f~:J - I , , . , . , '. , ' " , , 1"'1 'I' " " " ., , , ." , , I" ,. , " .' " , " 'I' " '1 ',' ~ ~ "'" t1: ~. tJ I '~,: , \ 1"1, ' ... ~ 1'1' " '_.I 0\ - ~, C'I . ~ ';.~ ~ :or.; 1,31;.1; . '. :7 c,.. ".1~5 ... (m I \ . >" ;t!, .~: I, :;j; ::Ii 0 8 " I' , " ,I ~ ~ ), , I ., ," ; . , , I, I , \ , .. "'w ~-t':tJ, \1 '-'111,,1;1 " , , ,. 11\'>; " '" , , " , , ','d' .'.h'. , 'J ~ ) I !;_:-:;H\~Fft LAW om~. Ji-, :"-"l\I'\..'r '. MiUrA AP/O MILLlII ' .">:'" . F<I ,t,I' , 113 LOCUSTSll'lrIT, ' I' "'i',\ , e~o.lOx 701 I , ':tl'l,,' J! j..V' , HAAAI8IftJAO.PA~710"0701 1;,.1: ':'/I\'~i,\z T."""on'l7In 232.07110" ".'7).7)n.~:~'iX.I' ',!i~ , . . ,.'," - ',." I, ;' " " " ,. .. ,~.,. ""'1_ SUSAN L, CRUMPLER, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND CO., PENNSYLVANIA I v. I NO, 97-5695 I E. MICHAEL FOX, DMD I CIVIL ACTION - LAW Defendant I JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSE TO REOUEST FOR PRODUCTIQH 1. On January 31, 2000, Defendant E. Michael Fox, DMD (hereinafter Defendant Fox) served upon plaintiff's counsel Interrogatories and Request for Production of Documents, A true and correct copy of said discovery requests is attached hereto as Exhibit "A". 2. By letter dated May 24, 2000, counsel for Defendant Fox requested Plaintiff's counsel to serve Answers to Defendant's Interrogatories and a Response to Defendant's Request for Production of Documents. A copy of said letter is attached hereto as Exhibit "B". 3. To date, plaintiff has failed to respond to Defendant Fox's request for discovery responses. 4. Defendant Fox has been prejudiced in his ability to evaluate plaintiff's claims and prepare a defense, because of plaintiff's dilatory conduct above described. 5. Defendant Fox, therefore, requests a Rule be issued upon Plaintiff directing her to provide full and complete answers to SUSAN L, CRUMPLER, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND co" PENNSYLVANIA I v, I NO. 97-5695 I E. MICHAEL FOX, DMD I CIVIL ACTION - LAW Defendant I JURY TRIAL DI,MANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF TO: Susan L, crumpler, Plaintiff and Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 (Attorneys for Plaintiffs) AND NOW, this 31't day of January, 2000, pursuant to Pa.R.C.P. 4009, as amended, come the Defendant, by his attorney, Thomas R. Miller, Esquire, and requests the Plaintiff to produce for inspection, examination and copying, at the offices of Miller and Miller, not later than thirty (30) days after service of this Request, the following documents: 1. All statements, signed statement". transcripts of recorded statements or interviews, recorded ,'Lltements if not transcribed or any statement of recorded statements verbatim taken of any partles, persons, or witnesses as part of an investigation of the happening or cause of the incident in 'lllcntion, conducted by, or in the possession of plaintiff, Plaintiff's attorney, insurers, or anyone else acting on behalf of r'lljf'~iff. 2, All expert opinions, expert reports, p:. ,L t summarie., or "A'l other writings of experts who will be called to testify at trial in the possession, custody or control of Plaintiff, or his attorneys or insurers, which relate to the subject matter. of this litigation and the incident in question. 3. All documents prepared by Plaintiff, or by any representative, agont or anyono acting on bohalf of Plaintiff, except hor attorneys, during an investigation of any aspect of the incident in question, Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics, (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing [including copies of the foregoing, regardless of whether the parties to whom this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of the Defendant, nis former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiff's behalf). 4. If not otherwise covered by the above requests, the complete Claims/investigation/subrogation files(s) of any insurers of Plaintiff (if copies of same are in your possoosion), dealing with the incident in question, with the exclusion of the mental 2 impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 5. All documents in the possession, custody or control of Plaintiff, Plaintiff's counsel, insurers, or anyone else acting on Plaintiff's behalf, whether received from Defendant or otherwise, dealing in any way with the treatment rendered by Defendant or the injuries, damages and Plaintiff is claiming, other than those documents supplied by Plaintiff's counsel to Defendant's counsel. This should include, but not be limited to, all medical or dental bills, medical or dental records, medical or dontal reports, correspondence, any and all other bills and documents relating to medical or dental treatment, hospitalization, medication, appliances, lost wages, to the extent not previously supplied, etc, 6. Any release or other agreement between any person or entities given or obtained in regard to the subject incident. 7. Any and all documents evidencing or pertaining to any lien by any person or entity against potential recovery of damages by Plaintiffs in this action. 8. Copies of your federal and state income tax returns for the five years immediately preceding the events giving rise to this action and for each year subsequent thereto and all corresponding W-2 forms. 9. Any and all documents containing the names and home addresses and/or business address of every individual contacted as a potential witness (excluding documents to or from an expert who was retained by you but is not expected to testify at trial. 3 SUSAN L. CRUMPLER, I IN THE COURT OF COMMON PLEAS Plaintitt I CUMBERLAND CO" PENNSYLVANIA I v. I NO. 97-5695 I E. MICHAEL FOX, DMD I CIVIL ACTION - LAW Defendant I JURY TRIAL DEMANDED IIITIRROQATORII8 or DII'IIl'DAII'l' I. NICOlL rox, DM.D ADDRI881D TO PLAINTII'I' TO: Susan L. Crumpler, Plaintiff and Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke street Harrisburg, PA 17109-3099 (Attorneys for Plaintiff) PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure, Rules 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers and objections, if any, in writing and under oath to tho tollowing Interrogatories within thj.rty (30) days atter service hereot. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Anflwer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing Interrogatories, If between the time of your Answers to said Interrogatories and the time of trial of this case should you or anyone acting on your behalf learn the identity and whereabouts of any other witnesses not identified in your said Answers, or it you '. i , I \ \ 'A . ~' , " , !',r, , ,~, ,,",;y: ::;:;,:i"}:r;~:~,;1jl;:',:,)II:, ' , " ~!"t!,':';:It'n,,:,';I. .1,.. _, '. \' I I \;, ,,':, ~:)J',;:,";:,/i'},:'~',!LI:,~" I , , :-.. - '-'-:F'lr~, , ,i".' [' I, II' .1 'I" " J } . I ,t , . fl,~ i! ~l" I I: I, : ,I LAWO'F1Cla' i' ,L'I' 'nl,J},Ji'l:l,ljJ~~;'hj.~1 l~:', ~'i.L~ttu~~ ~~~L:E~, . i', :,',,: ,.:'/ :,),l;~:"ll:;:h,;i:t, ~'I.,,~', HARf\I!l:U~~~ ~ffOB'070B' .. :1" '\ ':::\;:. :;";lg(~li~",;i: ::!l':,\ii:/ T.'.phono 17171 23a,0150 ,.. I? 111 as~'. ~:~...~,~;.: t~ Il'i I ':'~y::,;,I{~\',' Id~',j!! ". .'L ' ... ' ., " . " . . i' .;," " , , 'I , ~n ",' -I ..... ;' It' \~ ." (I. I' IIi. I J!t , 1'.-, I' ~ , i! -. ;.;;,.:.:---:~",...,.,.,..:...~. , ">- rt) ~ t r~ ," -'., ., 5.~ I... i,' I' ~~ I,'JI, 'I'. (,J!,- i_~: :.1;.1 (I') :r) '-i :.t t"'.i "11:,-; II.. ...:'j , I !..' '1'1 I ~, ~'+ I -~ '.' .-' I':.J (, , , ,,'j 'I I' I I " .1 " .' I " J', I " I, \ I I", , I " , ., I I .~ SIJSAN L. CIUJ~II'Um, 1""lnlif'f v. t t t t t t t t IN HIE COllin en' COMMON I'LEAS CIJMIJEIU,ANI> COlINTY, l'ENNSYLVANIA NO, ')7.!i6')!i CIVIL TlmM E. MIClIAlU, FOX, U.M.I>.. l>~f~llllnlll CIVIL ACTION - LAW .JlIIW TIUAI. UEMANUEI> 1'ltAECII'E TO I)ISMISS ANU J)JSCONTINIIE ACTION TOt Curl Long, Pl'Olhonollll'~ Pleuse murk the ubovc-l'clcl'cnced uction "Dismissed und Discontinued with PreJudice", c' -a:-~-{ /l- 114- ~ '--- Richurd II. Wix. Esquire 4705 Duke Street Hurrisburg, P A 17109 Attorney for Pluintiff DATE: ~ /1110)... , ' " lr \ ' 'I) (r. '''I E; ~'~ c:: ;;!:- , .. f?oC~ \ II)I_--{ - ':3'" U'''. .,.. ,- .r.'r \.~.: \ 0: .; ;'l fl., f ,J ~~) j" co ~~ " ;_.,,(, ..J.2. IJI i.J "jfE ""_It.\ :r.: :~ u \ l.. ~ I.) \ 1'. ~ tis N , ,0 " , \ \ " " " ,\ , Ii' \, .. SUSAN L. CRUMPLER, Plaintiff Vo E. MICHAEL FOX, D.M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED 12, 1999. 2. DEFENDANT E. MICHAEL FOX'S MOTION FOR SUMMARY JUDGMENT Plaintiff's Complaint sounding in periodontal malpractice was filed on November Defendant E. Michael Fox, D.M.D. answered the Complaint on January 2, 2000 and discovery proceeded with written discovery served January, 2000 and answered by Plaintiff subsequent to a Motion to Compel on September 8, 2000. 3. The depositions of the parties were taken on December 13 and 15, respectively. 4. In Plaintiff's September 8, 2000 Answer to Interrogatories in response to the aforementioned Motion to Compel filed July 5, 2000, Plaintiff replied to Interrogatory No. 23 seeking expert witness information by stating that she did "not at this time have any expert witness. This interrogatory will be answered by supplemental answer." 5. Plaintiff failed to supplement this response resulting in a Motion for Sanctions being filed on October 4, 2000. 6. Pursuant to this Motion, a discovery conference was held before The Honorable J. Wesley Oler, Jr., resulting in an order of November 8, 2000, a copy of which is attached as Exhibit "A", stating: (1) A deposition of Defendant shall be held during the month of September 2000 at the convenience of counsel. (2) Within sixty days of said deposition, Plaintiff shall serve upon Defendant's counsel a copy of a report of any expert whom Plaintiff intends to utilize at trial. In the absence of a timely production of such report Plaintiff, will be precluded from presenting expert testimony without further order of Court. (Emphasis added) 7. As stated above, Defendant was deposed on December 15, 2000, therefore requiring the production of Plaintiff's expert report by no later than February 13, 2001. 8. As of the date of this Motion, 100 days have elapsed since the completion of Defendant's deposition. Plaintiff has failed to produce the report of any expert she intends to utilize at trial or to supplement Defendant's Interrogatory No. 23 or made any effort to seek "further order of Court" regarding an extension to respond prior to the expiration of the sixty days. 9. Therefore, Plaintiff is precluded from presenting expert testimony at trial. Without such testimony Plaintiff cannot sustain her burden of making out a prima facie case of periodontal malpractice, in that the subject matter of this lawsuit involving maxillary arch augmentation through the use of tetrafloral ethylene and freeze dried bone is beyond the range of ordiuary experience or comprehension of nonprofessional persons. 10. Further, expert testimony is also required to establish that the alleged injuries Plaintiff sustained occurred as a result of the negligent acts of Defendant. 11. Because Plaintiff is lacking any expert opinion on the vital issues of breach of standard of care, causation and damages, the cause of action cannot be maintained and is subject to dismissal. WHEREFORE, Defendam E. Michael Fox, D.M.D., respectfully requests this Honorable Court grant his Motion for Summary Judgment. DATED: MILLER and MILLER Thomas R. Miller, Esquire I.D. No.~ 49801 P.O. Box 709, 113 Locust Street Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of Defendant's Motion for Summary Judgment was served upon the following person(s) by United States first class mail, postage prepaid, on this date: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: THOMA~ R. MILLER SUSAN L. CRUMPLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA E. MICHAEL FOX, DMD, Defendant CIVIL ACTION - LAW NO. 97-5695 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2000, upon consideration of Defendant's Motion for Sanctions, and following a discovery conference held in the chambers of the undersigned judge in which Plaintiff was represented by Richard H. Wix, Esquire, and Defendant was represented by Thomas R. Miller, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. A deposition of Defendant shall be held during the month of December 2000 at the convenience of counsel. 2. Within sixty days of the said deposition, Plaintiff shall serve upon Defendant's counsel a copy of a report of any expert whom Plaintiff intends to utilize at trial. In the absence of a timely production of such report, Plaintiff will be precluded from presenting expert testimony without further Order of Court. Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109 Attorney for Plaintiff jThomas R. Miller, Esquire P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 Attorney for Defendant srs By the Court, J~pesley Op~rl ?J~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must betypewrittenandsu~ttedinduplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pl~se ~tthewithinmatterfor~Ar~3~m~_ntCourt. CAPTION OF CASE (entire caption must be stated in ~]]) SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant ( Plaintiff ) ( Defendant ) e e No. 97-5695 Civ/_l State matter to be argued (i.e., pla4ntiff,s motion for new trial, defendant,s d~m~rrer to cc~plaint, etc. ): Defendant E. Michael Fox's Motion for Summary Judgment Identify counsel whow41l argue case: (a) for plaintiff: Richard H. Wix, Esquire Address: Wix, Wenger & Weidner .4705 Duke Street Harrisburg, PA 17109-3099 (b) for defendant: AO~r~ss: Thomas R. Miller, Esquire Miller and Miller 113 Locust Street - P.O. Box 709 Harrisburg, PA 17108-0709 I ~ notify all parties in writingwithin t~Ddays that this case has been listed for a~t' 4. Argu,ent Court Date: May 2._3, 26___~0__1 "Attorn~ for ~'/~enaant Dated: March 22, 2001 SUSAN L. CRUMPLER, Plaintiff Vo E. MICHAEL FOX, DMD Defendant IN THE COURT OF COM/4ON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW jURY TRIAL DEMANDED ~ TO SERVICE OF SUBPOENAS As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendant 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 twenty days prior to the date on which the subpoenas are 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 4. The subpoenas which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoenas. MILLER and MILLER .. By: ~homas R. Miller, Esqui I. D. No. 49801 113 Locust Street P. O. Box 709 Harrisburg, PA 17108 Attorneys for Defendant DATED: January 11, 2001 SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF (~OMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO. PRODUCE DOCUMENTS AND THINGS. Defendant Fox intends to serve subpoenas identical to those 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 subpoenas. If no objection is made, the subpoenas may be served. MILLER and MILLER By Thomas R. Miller, Esquire I.D. #49801 113 Locust Street P. O. Box 709 Harrisburg, PA 17108-0709 Attorneys for Defendant DATED: December 21, 2000 SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Medical Records Wesley R. Davis, DDS 1036 Cocoa Avenue HersheY, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, x-ray ~ther ma tt er or thin in ~curit #494-48-6600 DOB- 02/24/47, at Miller and Miller, 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108- 0709. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the addresslisted 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: Thomas R. Miller, Esquire Attorney's Name I.D. #49801 Identification Number 113 ~709 Harrisbur PA 17108 Address (717) 232-0750 Telephone Number Attorney for Defendant BY THE COURT: DATED: .,2001 By Prothonotary Seal of the Court SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: Custodian of Medical Records University Physicians 121 Nyes Road Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, x-ray films corres ondence charts data tests billin records or an other matter or thin in our ossession concernin Susan L. Crum ler Social Securit #494-48-6600 DOB - 02/24/47, at Miller and Miller, 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108- 0709. You may deliver or mail legible copies of the documents or 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 sewing this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Thomas R. Miller Es uire Attorney's Name I.D. ff.49801 Identification Number 113 Locust Street P.O. Box 709 Harrisbur PA 17108 Address Telephone Number Attorney for Defendant BY THE COURT: DATED: _ _,2001 By. Prothonotary Seal of the Court SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Medical Records Dental Care Associates 4655 Linglestown Road Harrisburg, PA 17111 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, x-ray ~ther matter or thin in ~ecurit ~h494-48-6600 DOB- 02/24/47, at Miller and Miller, 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108- 0709. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the addresslisted 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: Thomas R. Miller Es uire Attorney's Name I.D. #49801 Identification Number 113 Locust Street P.O. Box 709 Harrisbur PA 17108 Address (717) 232-0750 Telephone Number Attorney for Defendant BY THE COURT: DATED: _ ,2001 By Prothonotary Seal of the Court CERTIFICATE OF SERVICE_ I, Thomas R. Miller, Esquire, attorney for Defendant, do hereby certify that service of the foregoing Notice of Intent was made upon the following by depositing a true and cocrect copy in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 21't day of December, 2000: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Thomas R. Miller, Esquire C~ERTIFICATE OF SERVICE_ I, Thomas R. Miller, Esquire, attorney for Defendant, do hereby certify that service of the foregoing Certificate Prerequisite to Service of Subpoena was made upon the following by depositing a true and correct copy in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 11"' day of January, 2001: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Thomas R. Miller, Esquire SUSAN L. CRUMPLER, : Plaintiff : : v. : : E. MICHAEL FOX, DMD : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PRE-REQUISITE TO SERVICE OF SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant 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.No objection to the subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MILLER and MILLER By: I. D. No. 49801 113 Locust Street P. O. Box 709 Harrisburg, PA 17108 Attorneys for Defendant DATED: December 5, 2000 SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS Defendant Fox intends to serve a subpoena identical to the one 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 no objection is made, the subpoena may be served. DATED: November 14, 2000 MILLER and MILLER By Thomas R. Miller, Esquire I.D. #-49801 113 Locust Street P. O. Box 709 Harrisburg, PA 17108-0709 Attorneys for Defendant SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Medical Records Dr. Robert J. Beaudry, Jr. 3600 Old Gettysburg Road Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, x-ray films, correspondence, charts, data, tests, billing records, or any other matter or thinR in your possession concerning Susan L. Crumpler, Social Security #'!94-48-6600, DOB - 02~24~47, at Miller and Miller, 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108- 0709. You may deliver or mail legible copies of the documents or 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: Thomas R. Miller, Esquire Attorney's Name I.D. #49801 Identification Number 113 Locust Street, P.O. Box 709, Harrisbur,q, PA 17108 Address (717) 232-0750 Telephone Number Attorney for Defendant BY THE COURT: DATED: ,2000 By. Prothonotary Seal of the Court CERTIFICATE OF SERVICE I, Thomas R. Miller, Esquire, attorney for Defendants, do hereby certify that service of the foregoing Notice of Intent was made upon the following by depositing a true and correct copy in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 14"' day of November, 2000: Richard H. Wix, Esquire Wix, Wenger & VVeidner 4705 Duke Street Harrisburg, PA 17109 Thomas R. Miller, Esquire CERTIFICATE OF SERVICE I, Thomas R. Miller,. Esquire, attorney for Defendant, do hereby certify that service of the foregoing Certificate Prerequisite to Service of Subpoena was made upon the following by depositing a true and correct copy in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 5th day of December, 2000: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Thomas R. Miller, Esquire SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5695 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2000, upon consideration of Defendant.s Motion for Sanctions, and following a discovery conference held in the chambers of the undersigned judge in which Plaintiff was represented by Richard H. Wix, Esquire, and Defendant was represented by Thomas R. Miller, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. A deposition of Defendant shall be held during the month of December 2000 at the convenience of counsel. 2. Within sixty days of the said deposition, Plaintiff shall serve upon Defendant,s counsel a copy of a report of any expert whom Plaintiff intends to utilize at trial. In the absence of a timely production of such report, Plaintiff will be precluded from presenting expert testimony without further Order of Court. By the Court, Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109 Attorney for Plaintiff Thomas R. Miller, Esquire P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 Attorney for Defendant srs SUSAN L. CRUMPLER, : Plaintiff : V. ~ E. MICHAEL FOX, DMD,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5695 CIVIL TERM ORDER OF COURT AND NOW, this 104 day of October, 2000, upon consideration of Defendant's Motion for Sanctions, a discovery conference is scheduled in chambers of the undersigned judge for Wednesday, November 8, 2000, at 10:30 a.m. BY THE COURT, Richard H. Wix, Esq. 4705 Duke Street Harrisburg, PA 17109 Attorney for Plaintiff J/e~ ~ley Oler,' ~-~', Ji i0 Thomas R. Miller, Esq. P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 Attorney for Defendant :rc SU~AN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CML TERM JURY TRIAL DEMANDED ORDER AND NOW, this .. day of ,2000, upon review and consideration of Defendant's Motion for Sanctions pursuant to Pa R.C.P. 4019, and as a result of Plaintiffs failure to properly respond to this Court's August 25, 2000 Order, IT IS ORDERED said Motion is Granted. Pursuant to Pa R.C.P. 4019 (c) Plaintiff is precluded from offering any expert testimony during the trial of this action. BY THE COURT, Richard H. Wix, Esq. 4705 Duke St Harrisburg, Pa 17109 Attorney for Plaintiff Thomas R. Miller, Esq. Miller and Miller P. O. Box 709 Harrisburg, PA 17108-0709 Attorney for Defendant J. Wesley Oler, Jr., J. SUSAN L. CRUMPLER, Plaintiff Vo E. MICHAEL FOX, D.M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM JURY TRIAL DEMANDED MOTION FOR SANCTIONS 1. On JULY 5, 2000 Defendant E. Michael Fox, D.M.D.(hereinat~er "Defendant") filed a Motion to Compel Answers to 'his interrogatories and request for production of documents. 2. By Order dated July 7, 2000, Plaintiff was granted a twenty (20) day period in which to show cause why the relief requested in Defendant's Motion to Compel should not be granted. 3. Upon the expiration of this time period, Defendant filed a Motion to make rule absolute, dated August 22, 2000, which resulted in this Court's entry of an Order dated August 25, 2000, directing Plaintiff to provide "full and complete responses to Defendant's discovery requests within twenty (20) days of service of this Order, the failure to so answer will result in the imposition of sanctions pursuant to Pa R.C.P. 4019, upon Motion of Defendant.' 4. This Court's August 25, 2000, Order was served upon Plaintiff on August 30, 2000. Both the August 25, 2000, Order and Defendant's cover letter indicating service upon Plaintiff are attached hereto as exhibits "A" and "B', respectively. ¸7. Within Defendant August 22, 2000, Motion to make rule absolute Defendant averred that the discovery requests sought, inter Alia, the identity and opinions of Plaintiffs' expert witness. On or about September 8, 2000, Plaintiff served Defendant, via First Class marl, with her answers to Defendant's interrogatories. Plaintiffs responses to Defendant's requests for production of documents are still outstanding. In response to interrogatory 23 which sought the identity of all experts employed to testify on behalf of Plaintiff as well as the substance of the facts and a summary of the grounds in support of each opinion said experts would render at trial, Plaintiff responded by stating "Plaintiff at this time does not have any expert witness. This interrogatory wiIl be answered by a supplemental answer. In request for production No. 2, served upon Plaintiff on January 31, 2000, the identity of sll expert opinions, reports, summaries, or other writings of all experts to be called to testify at trial was requested. Plaintiffhas failed to answer Defendant's document requests in direct violation of this Court's August 25, 2000 Order, which directed Plaintiff to provide and complete' responses within twenty (20) days of service of the order, or by September 19, 2000. Further, Plaintiffs answer to interrogatory 23 is clearly not a full and complete response, but merely another delay tactic. 10. Defendant's discovery requests have been pending nine months. This cause of action 'has been pending since November of 1999, yet Defendant is still uncertain of the basis upon which Plaintiff generally avers he was negligent during the course of oral surgery performed in November of 1990. 11. Pursuant to Pa. R.C.P. 4019 (c) (2) the Court may, on Motion, enter an order refusing to allow the disobedient party from introducing in evidence designated testimony. 12. Further, pursuant to Pa R.C.P. 4003.5 (b) if the identity of an expert witness is not disclosed in compliance with subdivision (a) (1) (dealing with the procurement of the identity of an opposing party's expert through the service of interrogatorieS), he shall not be permitted to testify on behalf of the defaulting party at the trial of the action. 13. In light of Plaintiffs failure to answer in any manner Defendant's requests for production of Plaintiffs expert reports, or to identify said experts in response to Defendant's interrogatorY, Defendant requests sanctions be imposed pursuant to the above cited rules o£ civil procedure, and that an Order be entered precluding Plaintiff from offering expert testimony at trial. WHERFORE, Defendant E. Michael Fox, D.M.D. respectfully requests this honorable Court enter an order pursuant to Pa R.C.P. 4019 sanctioning Plaintiff for failure to comply with this Court's August 25, 2000 Order. Respectfully submitted, September ~, 2000 MILLER and MILLER by ThOmas R. Miller ID No. 49801 P. 0. Box 709 113 Locust Street Harrisburg, PA 17108-0709 717-232-0750 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served upon the following person(s) by First Class m~il: postage prepaid on this date: Richard H. Wix, Esq. 4705 Duke Street Harrisburg, Pa 17109-3099 Thoma~ R. Miller, Esq. September Z~ 2000 SUSAN L. CRUMPLER, plaintiff E. MICHAEL FOX, D.M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this Z~ ¢ day of ~ ~ ~, 2000, upon consideration of Defendant's Motion to Make Rule Absolute as a result of Plaintiff's failure to respond to this Court's Rule to Show Cause Order of July 7, 2000, IT IS ORDERED said Motion is GRANTED and Plaimiff is directed to provide full and complete responses to Defendant's discovery requests within SO days of service of this order, the failure to so answer will result in the imposition of sanctions pursuam to Pa. R.C.P. 4019, upon motion of Defendant. Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109 Attorney for Plaintiff Thomas R. Miller, Esquire Miller and Miller Box 709 Harrisburg PA 17108-0709 Attorneys for Defendant j;siey Ole ,~J~. ~ ~. v- c/w SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE 1. On July 5, 2000 Defendant E. Michael Fox, D.M.D., filed a Motion to Compel Answers to his interrogatories and request for production of documents. 2. By Order dated July 7, 2000, Plaintiff was granted a twenty day period in which to show cause why the relief requested in Defendant's Motion to Compel should not be granted. A true copy of said Order is attached hereto as Exhibit "A", and was served on Plaintiff's attorney on July 13, 2000, as evidenced by cover letter attached hereto as Exhibit "B". 3. The relief requested in Defendant's Motion to Compel was the entry of a rule upon Plaintiff to show cause why the written discovery requests should not be answered, or suffer sanctions pursuant to Pa. R.C.P. 4019(a)(1). 4. As of the date of this Motion, Plaintiff has failed to respond in any way to this Court's July 7, 2000 order. 5. Defendant therefore requests that a second order be issued upon Plaintiff, directing Plaintiff to provide full and complete discovery responses within a time period to be set by this Honorable Court, the failure of which will result in sanctions pursuant to Pa. R.C.P. 4019. 6. Pursuant to Pa. R.C.P. 4019(c), the Court, when acting under this rule may make "an order refusing to allow the disobedient party...from introducing into evidence designated documents, things or testimony." (emphasis added). 7. Defendant's discovery requests seek, inter alia, the identity and opinions of Plaintiff's expert witness. 8. Defendant therefore requests the sanction of preclusion of such expert testimony pursuant to Rule 4019(c)(2) and 4003.5(b) if Plaintiff fails to so respond. WHEREFORE, Defendant E. Michael Fox, D.M.D., respectfully requests this Honorable Court grant E. Michael Fox, D.M.D.'s Motion to Make Rule Absolute and enter an Order directing Plaintiff to provide full and complete discovery responses, the failure of which will result in the entry of sanctions pursuant to Pa. R.C.P. 4019. By: Dated: Respectfully submitted, MILLER and MILLER G. Thomas Miller I.D. #07219 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendant August 22, 2000 SUSAN L. CRUMPLER, : Plaintiff : V. E. MICHAEL FOX, DMD,: Defendant : IN THE COURT OF cOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5695 CIVIL TERM O~RDER OF COURT AND NOW, this r~ '~t-,day of July, 2000, upon consideration of Defendant's Motion To Compel Answers to Interrogatories and Response to Request for Production, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J.~/6sley Oler, ~ .. Richard H. Wix, Esq. 4705 Duke Street Harrisburg, PA 17109 Attorney for Plaintiff Thomas R. Miller, Esq. P.O. Box 709 /~Ha3 Locust Street rrisburg, PA 17108-0709 Attorney for Defendant :rc TRUE COPY FROM RtEOORD m Teslimooy w~reo~, I ~ unto s~ my ~ ...... / ~ ~ro~honotarv G. THOI~kS MILLER THOMAS R. MILLER LAW OFFICES MILLER AND MILLER 113 LOCUST STREET P.O. BOX 709 HARRISBURG, PA 17108-0709 July 13, 2000 TELEPHONE (717) 232-0750 FAX (717) 232-1302 Richard H. Wix, Esquire Wix, Wenger & Weidner, P.C. 4705 Duke Street Harrisburg, PA 17109 Re: Crumpler v. Fox - No. 97-5695 - CCP Cumberland County Dear Dick: Enclosed please find a copy of Judge Oler's Order regarding our Rule to Show Cause which we recently filed. Please govern yourself accordingly. Very truly yours, MILLER and MILLER Enclosure TRM/Ik bcc: Mr. James I. Frazer, Jr. (Claim #254493) Thomas R. Miller ti CERTIFICATE OF SERVICE. I hereby certify that a true and correct copy of the foregoing was served upon the following person(s) by United States first class mail, postage prepaid, on this date: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: August 22, 2000 SUSAN L. CRUMPLER, · Plaintiff · E. MICHAEL FOX, DMD,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5695 CIVIL TERM ORDER OF COURT AND NOW, this ri ~'('day of July, 2000, upon consideration of Defendant's Motion To Compel Answers to Interrogatories and Response to Request for Production, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Richard H. Wix, Esq. 4705 Duke Street Harrisburg, PA 17109 Attorney for Plaintiff Thomas R. Miller, Esq. P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 Attorney for Defendant BY THE COURT, J./~i/esley Ole~, ~ :rc SUSAN L. CRUMPLER, Plaintiff v. : NO. 97-5695 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA RULE TO SHOW CAUSE ORDER AND NOW, this day of July, 2000, upon consideration of Defendant, E. Michael Fox, DMD's Motion to Compel Answers to Discovery Requests, IT IS ORDERED that Plaintiff shall provide full and complete responses to Defendant,s discovery requests within days from the date of this Order, or show cause why the requests should not be so answered. Plaintiff's failure to respond to this Rule will result in the imposition of sanctions, upon Motion of Defendant. BY THE COURT: Je SUSAN L. CRUMPLER, Plaintiff v. : NO. 97-5695 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION 1. On January 31, 2000, Defendant E. Michael Fox, DMD (hereinafter Defendant Fox) served upon Plaintiff's counsel Interrogatories and Request for Production of Documents. A true and correct copy of said discovery requests is attached hereto as Exhibit "A". 2. By letter dated May 24, 2000, counsel for Defendant Fox requested Plaintiff's counsel to serve Answers to Defendant's Interrogatories and a Response to Defendant's Request for Production of Documents. A copy of said letter is attached hereto as Exhibit "B". 3. To date, Plaintiff has failed to respond to Defendant Fox's request for discovery responses. 4. Defendant Fox has been prejudiced in his ability to evaluate Plaintiff's claims and prepare a defense, because of Plaintiff's dilatory conduct above described. 5. Defendant Fox, therefore, requests a Rule be issued upon Plaintiff directing her to provide full and complete answers to said discovery requests within a reasonable period of time, or show cause why the requests should not be answered, with Plaintiff,s failure to respond to said Rule to result in the imposition of sanctions, upon Motion of Defendant WHEREFORE, Defendant, E. Michael Fox, DMD, respectfully requests this Court to enter a rule upon Plaintiff to show cause why an expert report should not be provided or suffer sanctions pursuant to Pa. R.Civ. P. 4019(a)(1). MILLER and MILLER DATED: June 30, 2000 Thomas R. Miller, Esquire I. D. #49801 P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendant, E. Michael Fox, DMD SUSAN L. CRUMPLER, Plaintiff v. E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF TO: Susan L. Crumpler, Plaintiff and Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 (Attorneys for Plaintiffs) AND NOW, this 31st day of January, 2000, pursuant to Pa.R.C.P. 4009, as amended, come the Defendant, by his attorney, Thomas R. Miller, Esquire, and requests the Plaintiff to produce for inspection, examination and copying, at the offices of Miller and Miller, not later than thirty (30) Request, the following documents: 1. All statements, signed recorded statements or interviews, days after service of this statements, transcripts of recorded statements if not transcribed or any statement of recorded statements verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of Plaintiff, Plaintiff's attorney, insurers, or anyone else acting on behalf of P]~i~tiff. 2. All expert opinions, expert reports, ~.~ut summaries, or other writings of experts who will be called to testify at trial in the possession, custody or control of Plaintiff, or his attorneys or insurers, which relate to the subject matter of this litigation and the incident in question. 3. All documents prepared by Plaintiff, or by any representative, agent or anyone acting on behalf of Plaintiff, except her attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing [including copies of the foregoing, regardless of whether the parties to whom this request is addressed is now in the possession, custody or control of the original] now in the possession, custody or control of the Defendant, his former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiff's behalf). 4. If not otherwise covered by the above requests, the complete claims/investigation/subrogation files(s) of any insurers of Plaintiff (if copies of same are in your possession), dealing with the incident in question, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 5. All documents in the possession, custody or control of Plaintiff, Plaintiff's counsel, insurers, or anyone else acting on Plaintiff's behalf, whether received from Defendant or otherwise, dealing in any way with the treatment rendered by Defendant or the injuries, damages and Plaintiff is claiming, other than those documents supplied by Plaintiff's counsel to Defendant's counsel. This should include, but not be limited to, all medical or dental bills, medical or dental records, medical or dental reports, correspondence, any and all other bills and documents relating to medical or dental treatment, hospitalization, medication, appliances, lost wages, to the extent not previously supplied, etc. 6. Any release or other agreement between any person or entities given or obtained in regard to the subject incident. 7. Any and all documents evidencing or pertaining to any lien by any person or entity against potential recovery of damages by Plaintiffs in this action. 8. Copies of your federal and state income tax returns for the five years immediately preceding the events giving rise to this action and for each year subsequent thereto and all corresponding W-2 forms. 9. Any and all' documents containing the names and home addresses and/or business address of every individual contacted as a potential witness (excluding documents to or from an expert who was retained by you but is not expected to testify at trial. 10. Any calendar or diary which in any way documents either the incident or the medical treatment Plaintiff received as a result of the incident, or which pertains to any events or matters related to Plaintiff's medical treatment and the damages claimed in this action. MILLER AND MILLER By Thomas R. Miller, Esquire 113 Locust Street P. O. Box 709 Harrisburg, PA 17108-0709 ATTORNEYS FOR DEFENDANT 4 CERTIFICATE OF SERVICE I, Thomas R. Miller, Esquire, attorney for Defendants, do hereby certify that service of the foregoing Request for Production to Plaintiff was made upon the following by depositing a true and correct copy in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 31st day of January, 2000: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Thomas R. Miller, Esquire SUSAN L. CRUMPLER, Plaintiff v. : NO. 97-5695 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA TO: INTERROGATORIES OF DEFENDANT E. HICH~.EL FOX~ DI~fD ADDRESSED TO PL~TIFF Susan L. Crumpler, Plaintiff and Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 (Attorneys for Plaintiff) PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure, Rules 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service hereof. The Answers shall be inserted in the space provided. If there is insufficient space to Interrogatory, the remainder of the Answer shall supplemental sheet. These Interrogatories shall be deemed answer an follow on a to be continuing Interrogatories. If between the time of your Answers to said Interrogatories and the time of trial of this case should you or anyone acting on your behalf learn the identity and whereabouts of any other witnesses not identified in your said Answers, or if you or anyone acting on your behalf obtain or become aware of additional requested information not supplied in your Answers, you shall promptly furnish the same to the undersigned by Supplemental Answers. These Interrogatories are addressed to you as a party to this action and your Answers shall be based upon the information known to you, or your attorney or other representatives. 1. Do you claim to have suffered injury as a result of any medical attention or treatment given you by defendant? If so, for each injury, state specifically: (a) Its nature and extent; (b) The date it was caused; (c) A description of how it was caused; (d) Whether you contend defendant contributed to the injury in any way, and if so, on what facts you base this contention; (e) The date you became aware of the injury. 3. What is your full name? If you have you ever been known by any other name, state: (a) The name in full; (b) The inclusive dates you were known by that name. Have you ever been married? If so, for each marriage state: (a) The name and address of your spouse; (b) The date of marriage. (c) Date and manner of termination of marriage, if applicable. 6. Were you employed at any time in the past ten (10) years? If so, for each employment, state: (a) Whether self-employed, and if so, the address and type of business; (b) Whether employed by another, and, if so, the name and address of your employer; (c) The inclusive dates of employment, and if terminated, for what reason it was terminated; (d) Your job title; (e) The salary, wages, or other remuneration which you received in each position held by you during the past ten (10) years. 7. What is the address of each place at which you have resided for the past ten (10) years? 8. Were you suffering from any ailment, illness or injury when you consulted defendant? 9e If so, for each ailment, illness or injury, state: (a) A description of it; (b) The date you first became aware of it; (c) A description of the information you gave defendant about it; (d) Whether prior to consulting defendant you had consulted any other medical practitioner about it, and, if so, the name, address and specialty of each medical practitioner and the date of each consultation; (e) Whether prior to consulting defendant you had received any treatment for it, and, if so, a des- cription of such treatment and the date on which it was given. 10. Did you ever fail to observe any instruction or advice given to you by defendant? If so, for each such occasion, state: (a) The date and place; (b) A description of the instruction or advice you failed to observe; (c) In what way you failed to observe the instruction or advice; (d) The reason that you failed to observe the instruction or advice; (e) Whether you informed defendant of each failure to observe his instructions or advice, and, if so, the date and time you informed defendant. 11. State specifically the reason(s) you stopped seeking and/or receiving treatment from defendant. 12. On what date did you receive notice of each of the injuries complained of in this action and describe the circumstances under which you received notice of each of the injuries complained of in this action. 13. Subsequent to your treatment by defendant, did you consult another dental practitioner? If so, for each consulted, state: (a) His/her name, address and specialty; (b) The date you consulted him/her on each occasion; (c) A description of the reason you consulted him/her. (d) A description of the treatment, care and opinions provided at each consult. 14. Have you received information from anyone that defendant was negligent or failed to exercise requisite skill in attending and treating you? If so, for each information, state: (a) The name, address and qualifications of the person from whom you received it; (b) A description of the information you received; (c) The date you received it; (d) A description of the facts on which the person who gave the information based it; (e) Whether a record was made of the information, and, if so, the name and address of the person who has such record. 15. Were you ever refused to denied treatment by Defendant for any reason? If so, state the date(s) of each such refusal and the reason(s) provided to you for each such refusal and the identity of the individual who so advised you. 16. Have you ever been a party to a lawsuit other than the present one? If so, for each lawsuit, state: (a) The name 'of the suit; (b) What your status was therein; (c) The kind of suit involved; (d) The court in which it was filed; (e) The date it was filed; (f) Whether there was a trial; (g) The ultimate disposition of the case. 17. Have you ever made a claim against any other medical practitioner or hospital? If so, for each claim, state: (a) The date and place it was made; (b) The name and address of the person against whom it was made; (c) The basis of it; (d) Its outcome. 18. Have you ever made a claim against personal injury? If so, for each claim, state: (a) The date and place it was made; anyone for any (b) The nature and extent of each injury claimed; (c) The name and address of the person against whom it was made; (d) Its outcome. 19. Have any statements been obtained by or from you or on your behalf from any person concerning any matter relating to this action? If so, for each statement, indicate: (a) The name, address and occupation of the person who made it; (b) The name, address and occupation of the person who obtained it; (c) The date and time it was obtained; (d) Whether written, sound recorded or oral, and if written or sound recorded, the name and address of the person who has custody of it. 20. Other than the parties, what is the name, (or other means of identification), address, occupation, and name of employer of each person known by you to have knowledge of any fact or record relating to this action? 21. Itemize with particularity all out-of-pocket expenses incurred by you which you claim are necessary because of Dr. Fox's alleged negligence in treating you. 22. Itemize with particularity the income which you claim you lost because of Dr. Fox's alleged negligence. 23. If you have employed an expert to act on your behalf in any matter pertaining to this action, for each expert state his/her name and address, his/her occupation and field of specialization, his/her qualifications, the number of years of experience he/she has in his/her specialty, whether he/she practices medicine and if so, the name of the locality in which he/she practices, the name of each medical society or organization of which he/she is a member, and the substance of the facts, and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer a report of the expert, or you may have this interrogatory answered by the expert - such separate answer or report must be signed by the expert). MILLER & MILLER By: Thomas R. Miller, Esquire 113 Locust Street P. O. Box 709 Harrisburg, PA 17108-0709 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE I, Thomas R. Miller, Esquire, attorney for Defendants, do hereby certify that service of the foregoing Interrogatories to Plaintiff was made upon the following by depositing a true and correct copy in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 31st day of January, 2000: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Thomas R. Miller, Esquire G. THOMAS THO~ R. M~-~ ER OFFICES MILLER AND MILLER 113 LOCUST STREET P.O. BOX 709 HARRISBURG, PA 17108-0709 TI~LRPHONE (717) 232-0750 FAX (717) 232-1302 May 24, 2000 Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Re: Crumpler v. Fox Dear Dick: In response to your request, we are enclosing a copy of Susan Crumpler's records from Dr. Michael Mendelson. We have not yet received a response to our subpoena from Dr. Herrold, but will forward those records on to you upon their receipt. Our records indicate that we have not yet received responses to Defendant's Interrogatories or Defendant's Request for Production of Documents which were served January 3'1, 2000. Our client has instructed us to move this matter along, and we may be forced to file a Motion to Compel if answers are not received shortly. If you have any questions, please do not hesitate to contact us. PM Enclosure Very truly yours, MILLER and MILLER Thomas R. Miller CERTIFICATE OF SERVICE I hereby certify that I have this 30th day of June 2000 served a true and correct copy of the foregoing Motion to Compel Addressed to Plaintiff upon the following by first-class mail, postage prepaid: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Thomas R. Miller, Esquire I.D. No. 49801 105 Locust Street P. O. Box 709 Harrisburg, PA 17108 (717)232-0750 Attorneys for Defendant Fox SUSAN L. CRUMPLER, Plaintiff Ve E. MICHAEL FOX, D.M.D., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 97-5695 CIVIL TERM : : CIVIL ACTION - LAW : : jURY TRIAL DEMANDED pL~Ih'TIFF'S REPLY TO NEW F~TTER 12. Denied. 13. Denied. 14. The allegations of paragraph 14 set forth a conclusion of law to which no answer is required. 15. The allegations of paragraph 15 set forth a conclusion of law to which no answer is required. 16. Denied. 17. Denied. 18. Denied. 19. Denied. 20. Denied. 21. Denied. 22. The allegation of paragraph 22 sets forth a conclusion of law. 23. The allegation of paragraph 23 sets forth a conclusion of law to which no answer is required. WHEREFORE, Plaintiff demands judgment against the Defendant. Respectfully submitted, WIX, WENGER & WEIDNER Date: ~//~/~0% Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 VERIFICATION I, Susan Crumpler, have read the foregoing Plaintiff's Reply to New Matter which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: ~/~G/~00 Susan Crumpler J CERTIFICATE OF SERVICE AND NOW, this 16th day of February, 2000, I, Richard H. Wix, Esquire, of the firm of wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Plaintiff's Reply to New Matter this date by depositing a copy of same in the united States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Thomas R. Miller, Esquire MILLER AND MILLER 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 WIX, WENGER & WEIDNER Richard H. wix, I.D. #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 SUSAN L. CRUMPLER, Plaintiff DR. E. MICHAEL FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 97-5695 CIVIL TERM : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en 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, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, 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 REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 SUSAN L. CRUMPLER, Plaintiff v. DR. E. MICHAEL FOX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED 1. The Plaintiff is an adult individual residing at 544 Susan Way, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant is an adult individual who at all times relevant hereto, held himself out as a dentist who specialized in periodontics and dental implants, having an office at 395 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania. 3. On or about November 26, 1990, Plaintiff came under the care and treatment of the Defendant. 4. Plaintiff believes, and therefore avers, that sometime during 1991, she underwent a surgical procedure whereby the Defendant placed in her mouth stainless steel implants. 5. During the summer of 1996, Plaintiff noticed tenderness in her upper jaw in approximately the same area where the right implant had been placed by the Defendant. 6. During the summer of 1996, Plaintiff continued to have tenderness and pain in the area, and sought dental treatment for the problem. 7. On or about August 1, 1996, Plaintiff had to undergo an emergency surgical procedure to remove foreign bodies that had the potential to cause her serious illness. 8. During the surgical procedure on August 1, 1996, it was determined that Defendant had negligently left the foreign material in the Plaintiff,s mouth at the time that he had done his original implant surgery. 9. Defendant failed to remove the foreign material at the time that he performed his surgical procedure, and/or alternatively, Defendant if he intended to leave the foreign material, failed to advise the Plaintiff of the necessity to have the material removed or the dangers that it posed to her health if the foreign material remained in her body. 10. As a result of the Defendant,s negligence, Plaintiff has undergone great pain and suffering and may undergo pain and suffering in the future. 11. As a result of the Defendant,s negligence, Plaintiff has had to incur medical/dental expenses and will need to incur medical/dental expenses in the future to restore her health. W~EREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of $35,000.00, and therefore requires submission to compulsory arbitration. Respectfully submitted, WIX, WENGER & WEIDNER Richard H. ~ix, Esquire~ I.D.#07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 VERiFiCaTiON I, Susan L. Crumpler, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: /~/~/~ Susan L. Cr~mPl~r / ~ gERTIFICATE OF SERVIC~ AND NOW, this 12th day of November, 1999, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Complaint this date by depositing a copy of same in the United States mail, postage prepaid, certified mail, return receipt requested in Harrisburg, Pennsylvania, addressed as follows: Dr. E. Michael Fox 3825 Linglestown Road Harrisburg, PA 17110 WIX, WENGER & WEIDNER Richard H. Wix, I.D. #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 -r SUSAN L. CRUMPLER, Plaintiff Ve DR. E. MICHAEL FOX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW jURy TRIAL DEMANDED PI~ECIPE FORWRIT OF 8UI~ONS TO: Lawrence E. Welker, Prothonotary Please issue a writ of summons against Dr. E. Michael Fox and forward same to the Sheriff's office for service on Dr. Fox at the following address: Dr. E. Michael Fox 395 St. Johns Church Road Camp Hill, PA 17011 WIX, WENGER & WEIDNER Richard H. Wix, I.D. #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: Commonwealth of Pennsylvania County of Cumberland Susan L. Crumpler Dr. E. Michael Fox 395 St. Johns Church Rd. Camp Hill, PA 17011 Court of Conunon Plea No. 97-5695 Civil Term 19 .... In Civil Action - Law To Dr. E. Mic._h~¢l F_Qx You are hereby notified that Susan L. Crumpler the Plaintiff haS commenced an action in ..... C_J~Y.i__l__A_c_l~_iQn _ L_~3 against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date October _1_6_; ............. 19_.9_7_ SUSAN L. CRUMPLER, Plaintiff Ve DR. E. MICHAEL FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 97-5695 CIVIL TERM : JURY TRIAL DEMANDED ~I~ECIPE TO: Lawrence E. Welker, Prothonotary Please reissue the Writ of Summons for service upon the above-noted Defendant at his usual place of business, 3825 Linglestown Road, Harrisburg, PA 17110, by the Sheriff of Dauphin County. WIX, WENGER & WEIDNER Richard H. ix, I.D. #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: November 5, 1997 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1997-05695 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : C~RUMPLER SUSAN L VS. F_OX E MICHAEL DR __R. Thomas Kline · Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: FOX DR E MICHAEL but was unable to locate _ Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN COUNTY County, Pennsylvania. to serve the within WRIT OF SUMMONS On December 4th 1997 the attached return from Sheriff's Costs: Docketing Out of County Surcharge DAUPHIN COUNTY ~ this office was in receipt of DAUPHIN COUNTY County, Pennsylvania. So a n s~e r s 18.00 9.00 2.00 30.50 ~Sn~ WIX WENGER AND WEIDNER 12/04/1997 Sworn and subscribed to before me this day of Off~ce of the sbe¢~f Oaupt~n COUntY t4ar~ (,717'~ 255-2660 COUNTY OF D~BIN and making known t 5~ER-~Y M~TER- sBCRETgRY original SL~0N5 IN CiWiLgCTION the contents thereof at hi./her the 3B25 LiNGLEsS:O%4N RD. 17110-0000 and subscribed to 1997 $30.r sheriff' s costS: RCPT Susan L. Crumpler VS. Dr. E. Michael Fox Nov. 6, Dauphin No. 97-5695 Civil Term 19 199719 , i SHER.IFF OF CU,.~IBEtCLAN-D COL ,.~TY, PA do hereby depur~-e the She;iff of Count2,.' to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Counq'. Pa. Affidavit of Serwice within 19 . at o'clock ?,I. served the upon at by handing to a true and a~esred copy of the original the contents thereof. and made known to Sheriffof Counq. Pa. COSTS S',sorn and subscribed before me rhi_~ __ da?' of 19 SERVICE S 5IILEAGE AFFIDAVIT SUSAN L. CRUMPLER, Plaintiff Vo E. MICHAEL FOX, D.M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: PRAECIPE FOR ENTRY OF APPEARANCE FOI~ DEFENDANT E. MICHAEI. FOX, D.M.D. Curt Long, Prothonotary Please enter the appearance of the undersigned for the Defendant, E. Michael Fox, D.M.D., in the above-captioned action. MILLER and MILLER G. T~'~mas Miller I.D. #07219 Thomas R. Miller I.D. #49801 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 November 23, 1999 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the foregoing Praecipe for Appearance was served upon the following person(s) by United States first class mail, postage prepaid, on tkis date: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: November 23, 1999 G. TH~)MAS MILLER SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED To: NOTICE TO PLEAD Susan L. Crumpler, Plaintiff and Richard H. Wix, Esquire, her attorney You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service upon you or a default judgment may be entered against you. Date: January 20, 2000 By: MILLER and MILLEI~ iT. hl~?;4~98R{~ 1Miller G. Thomas Miller I.D. #07219 P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendant SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5695 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1.-3. Admitted. 4. Admitted; by way of further response, two Branemark type implants were placed at Positions 7 and 10 in Plaintiff's mouth on March 5, 1991. 5.-11. Denied generally pursuant to Pa. R.C.P. 1029(e). NEW MATTER 12. Dr. Fox acted reasonably and within or above the accepted standard of care for periodontists at all times relevant to his treatment and care of Plaintiff. 13. Dr. Fox's care and treatment of Plaintiff was not the cause of her alleged injuries. 14. Any claimed subsequent medical expenses Plaintiff incurred are limited to those amounts accepted by the specific providers in full satisfaction for the services rendered. 15. Dr. Fox hereby raises all defenses available to him under the applicable provisions of the Pennsylvania Health Care Ser¥ices Malpractice Act. 16. Dr. Fox's care and treatment of Plaintiff was exercised in accordance with the standards of the substantial body of periodontal authority and opinion, and if it is established that there is another body of authority and opinion to the contrary, Dr. Fox pleads as a defense the "two schools of thought" doctrine. 17. If Dr. Fox was negligent, which is nevertheless denied, such negligence was not a legal or proximate cause of Plaintiff' s injuries, nor did it increase the risk of harm to Plaintiff, nor was it a substantial factor in causing the alleged injuries. 18. If Plaintiff's injuries were caused by negligent conduct, this was the conduct of third persons, rather than Dr. Fox and such third-party negligence, if any, was a superseding cause as to any alleged negligence 6n the part of Dr. Fox, which negligence is nevertheless denied. 19. Plaintiff's claims may be limited or barred by operation of the applicable statute of limitations. 20. It is believed, and therefore averred, that discovery will show that Plaintiff was negligent and that her negligence exceeded the negligence, if any, of Dr. Fox, thereby barring her recovery by operation of the Pennsylvania Comparative Negligence Act. 21. All claims and causes of action pleaded against Dr. ~ox are barred by Plaintiff's knowing and voluntary informed consent to the care and treatment in question. 22. Plaintiff's claims may be barred or limited by operation of the doctrine of res judicata. 23. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. WHEREFORE, Defendant Fox demands that Plaintiff's Complaint be dismissed at Plaintiff's costs. By: MILLER and MILLER G. Thomas Miller I.D. //07219 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendant Dated: January 20, 2000 VERIFICATION Subject to the penalties for falsification to authorities prescribed by 18 Pa. C.S. §4904, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my personal knowledge, information and belief. E. Mii~, D.M.. ' Dated: CERTIFICATE OF SERVICE_ I hereby certify that a true and correct copy of the foregoing Praecipe for Appearance was served upon the following person(s) by United States first class mail, postage prepaid, on this date: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: January 20, 2000 SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PRE-REQUISITE TO SERVICE OF SUBPOENAS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3.No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which is attached to the notice of intent to serve the subpoenas. MILLER and MILLER By: Thomas R. Miller, Esquire I. D. No. 49801 113 Locust Street P. O. Box 709 Harrisburg, PA 17108 Attorneys for Defendant DATED: February 10, 2000 SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS Defendant Fox intends to serve subpoenas identical to those 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 no objection is made, the subpoena may be served. DATED: January 21,2000 MILLER and MILLER /Thomas 15, Mdler, Esquire I.D. #~,9801 113 Locust Street P. O. Box 709 Harrisburg, PA 17108-0709 Attorneys for Defendant SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, DMD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 97-5695 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Medical Records Michael P. Mendelson, DDS Mendelson Foer & Harrison Dental Associates 4824 East Trindle Road Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, x-ray films, correspondence, charts, data, tests, billing records, or any other matter or thing in your possession concerning Susan L. Crumpler, Social Security #,!94-48-6600, DOB - 02~24~47, at Miller and Miller, 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108- 0709. You may deliver or mail legible copies of the documents or 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: Thomas R. Miller, Esquire Attorney's Name I.D.#d9801 Identification Number 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108 Address (717) 232-0750 Telephone Number Attorney for Defendant BY THE COURT: DATED: ,2000 By. Prothonotary Sealofthe Court SUSAN L. CRUMPLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 97-5695 E. MICHAEL FOX, DMD Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Medical Records Creston C. Herold, Jr., MD 550 North 12th Street Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, x-ray films, correspondence, charts, data, tests, billing records, or any other matter or thing in your possession concerning Susan L. Crumpler, Social Security #494-48-6600, DOB - 02/24/47, at Miller and Miller, 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108- 0709. You may deliver or mail legible copies of the documents or 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: Thomas R. Miller, Esquire Attorney's Name I.D. #-49801 Identification Number 113 Locust Street, P.O. Box 709, Harrisburg1 PA 17108 Address (717) 232-0750 Telephone Number Attorney for Defendant BY THE COURT: DATED: ,2000 By. Prothonotary Seal of the Court PRAECIPE FOR L___~ISTING CA___SE FOR ARGUMENT (Must be bypewritten and su~tted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the with/n matter for the next Arc3t~nent Court. CAPTION OF CASE (entire caption must be stated in fu3_l) SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendant No. 97-5695 Civil ~ 19 97 1. State matter to be arc3ued (i.e., plaintiff,s motion for new trial, defendant,s de~urrer to cc~pla/nt, etc. ): Defendant E. Michael Fox's Motion for Summary Judgment 2. Identify counsel who wi]_l arc3ue case: (a) for P]~/ntiff: Richard H. Wix, Esquire Address: Wix, Wenger & Weidner 4705 Duke Street (b) for defendant: Harrisburg, PA 17109-3099 Address: Thomas R. Miller, Esquire Miller and Miller 113 Locust Street _ p. 0 Harrisburg, PA 171-- · Box 709 3. otify in ting been ~sted for ar~ju~_nt, u~y ~nat this case has Argument Cour~ ~ate: May 23, 2001 April 30, 2001 Thomas R. Miller, Esquire SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 97-5695 CIVIL TERM :CIVIL ACTION- LAW :JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ~Before HOFFER, P.J., OLER, J. and GUIDO, J .ORDER OF THE COURT AND NOW, ~ ,,~ , 2001, upon careful consideration of Defendant's Motion for Summary Judgment, it is hereby ordered that the motion be denied. Thomas R. Miller, Esquire 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 Attorneys for Defendant Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Attorney for Plaintiff By the Court, SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 97-5695 CIVIL TERM : : CIVIL ACTION - LAW : : jURY TRIAL DEMANDED ORDER OF COURT AND NOW, this /~ ~- of ~~J., 2001 in - consideration of the foregoing Pe ' , /j~/L/~ , /~ Esq., //~~~-~~ ,Esq., and~/~~' /~'~ Esq. a~e appointed arbitrators in the above-captioned case. SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5695 CIVIL TERM : CIVIL ACTION - LAW : jURy TRIAL DEMANDED p~TiTION FOR APPOINT~RNT OF ~URITR~TOR8 TO THE HONORABLE, THE JUDGES OF SAID COURT, Richard H. wix, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue· 2. The claim of the Plaintiff in the action is not in excess of $25,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Richard H. Wix, Esquire, wix, Wenger & weidner, 4705 Duke Street, Harrisburg, PA 17109, counsel for Plaintiff and Thomas R. Miller, Esquire, Miller and Miller, P.O. Box 709, Harrisburg, PA 17108-0709, counsel for Defendant. WHEREFORE, your petitioner prays your Honorable court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, WIX, WENGER & WEIDNER Dated: 12/12/2001 Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and su~nitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please 1 ~t the within matter for ~ ~t Court. CAPTION OF CASE (entire caption must be stated in full) SUSAN L. CRUMPLER, Plaintiff E. MICHAEL FOX, D.M.D., Defendant ( p1 aintiff) ( Defendant ) No. 97-5695 Civil state matter to be argued (i.e., plaintiff's motion for new tr4a], defendant's d~.m~z~£er to complaint, etc. ): Defendant E. Michael Fox's Motion for Surmnary Judgment 2. Identify counsel whowi]l argue case: (a) for plaintiff: Richard H. Wix, Esquire Address: Wix, Wenger & Weidner ,4705 Duke Street Harrisburg, PA 17109-3099 (b) for defendant: A~dress: Thomas R. Miller, Esquire Miller and Miller 113 Locust Street - P.O. Box 709 Harrisburg, PA 17108-0709 3. I w~ll notJ-fy all parties in writingwithin t~dmys that this case has been limted for ar~t. 4. ~t Court Date: March 22, 2001 Attorney for Defendant