The URL can be used to link to this page

Home My WebLink About98-04522 , .. :, ' '. ", ':" ", ''',' ',. ',.' . ., . f" ','" :1, .,,' ,:1,: ,,' . J' , ' . ,.r . 2. lJilmil<1eS, TO be provided by Plaintiff. 3, Witnesses. 1. Plaintiff, John Ledger, as on cross-examination 2. Nil ford Spicher 3. All witnesses identified by Plaintiff. Defendant respectfully reserves the right to supplement this list seasonably in advance of trial. 4. Exhibits. 1. All medical records. 2. Photographs of the vehicles. 3. Damage estimates. 4. All materials exchanged in discovery. Defendant respectfully reserves the right to supplement this exhibit list seasonably in advance of trial. 5. ~ JJr!' Expert report. Please see the report ~son Litton, M.D.~rthopedic surgeon, attached as Exhibit "AU. Defendant also anticipates cal .D. ~~bf 2 . . " ".", ',' "" ""f~" ,", ,'J '~', ','." "'~ ;','t,"~ ,'''' '~:,!' "'-,,,'t'v:'~ "'.'. ~.'\Il:' \, ~ .'7 ""...0 Exhibit A 1'1(111\11'11'1' H...'.lllllll l '1' l'INN',)I.\'t\t--;I^ (,lljljil)I(YA ""l"1",:', H U All \\"II'1t 11,\1 t.ft\l\ ftU,rAC" l(l,nllllll M~IH:\,no,r^CH" 1\l1~1II", IU11'" HlI,I'AC" I\'''l~,' Ilrlt)~, fill 11",'11,"11\ H1IHl\o,HlI "1I1l"~I.II\IiN.JlI(h..lIl,Hh ~1I'\'If'lnWoll'.flll 1110'1\'''' 'Il'(IV..MII 1\""t1II~\U'll1 ~1l1 IUnl\lUU 1~1_\1 fill IlOI\I'.1U 1\ lI^'t~ltl'l, till ~IU'lI'."W 1),\lIn'flll W1l1lV1WIJlfltr1l1,flll 1"'1 " ,.I\~INK.tt\Aht\l.h'''11 ,.11' I AI', f1l\1U\ It (.IU llU\ f', II IUCIINU) II 1I\1I(1( t\ H II .J"'.11'~"'llll"f'1"'"nl.. "111 1....( ... '1 n rt'1I0T"lt: 1,"171 ;,>1 '!'I''i.''JO .t:C>IP' IIlIHIJILH.,HIJII "AX: 17171"1,';,71117 "......v."lIlhlllll..lllllh~IIII'.I<< 41111 ~;;'rll"I'1ll1ll'1 1,\, :H10 1 Je11er:Jon .1, Slllpradll, Al.tOJ'llt~J'''':tt. -I,l/: GOL.DIlERG, 1:"rZr,:All I. SIIII'I'AN, I' ' C , 320 f.1,Jrket St., 'st.l"tl'l'/belTY Sq\l.:lP:~ PO Box 126t:l H.:1rTiub\lr~" 1'/\ 17108-12G8 fm, I,EDGER, JOliN 11, 101.;0 Country Club Ho.1d C,~t1l1p Hill, PA 17011 201 26 285.1 18941j72S Dear r,1r. Slllplllan: This h; III reference to JOHN r-1. LEtx.iER, v/llam I initially Bil...., in my Poplar Church HO,1d Office on September 13, 2001 for .J.n Independent r'1edical EXc11111IFil:.lOJi. Tht~ follo',',':!F] t=: the nc~por.t of 111'/ IJ:df!IX~lIdelll:. r,l',~~di.c.)l E;';,11l11J\dcion at John Ledger and thank 'lOll for n!felTin':1 hIlll to me, To pr:epc1re thi~:; r-eport I have carefully t"t"-"/le"'1Cd your" lcttcl" of !'llI.:Jusr.:. 24, 2001, the !..mended Complaint, medical l"ccords from Holy Spirit Hospital r~mergency Room, Holy Spirit Radiology, Dr. Richard Baal, Dr, Ed Violago, Dr. Christopher Cannon, Polyc1 inic Hospital Physical Therapy, chiropl~actor' s notes, Dr. l-1ichael \floods, the Nagnetic Imaging Center and the Oral Deposition of John Ledger, Jr, 1 then took an oral history from Nr, Ledger, performed a pertinent orthopedic examination, reviewed any studies brought by the patient, obtained any studies 1 require and dictated this letter to you. In my letter I have attempted to answer all of your questions, All of this work was done by me personally. John Leger, Jr. was born on 4/16/36. On 10/13/75 John Ledger was treated at Holy Spirit Hospital for a cervical sprain that had occurred approximately six weeks earlier in an automobile accident. He had no specific neurologic findings and was sent to physical therapy. His diagnosis was cervical strain. Nr, Ledger said that after his automobile accident in 1975 he was treated by Dr. Robert Lonergan for many years for his neck injury. He said that Dr. Lonergan said that he 'I'/Quld not be able to go back into the contracting business where r,1r. Ledger enjoyed working, His job prior to that injury was that of a building contractol~ and doing that job involved him in very vigorous physical activity and hammering, Because of his continuing pain and tIKIIl,lITIIIC ~lIIU,r,ll~", 1,111. AI)flHl:~S Al.L COI~m:Sf)l)NllI:NCI: TO: 1175 l'Ol'I.AI{CtttJIKIIHOA'l, CAt'll'llll.I.,I'A 171111 ('AMI" 1111.1, OI'I'ICI: IIt\KKISnllRG OI'I'ICI: CAMI' IIIU. OITICI: lII~RSlmY OI'f1CI: CAMI" lUll OffiCE -J!jll;;ri(iNi)jj:i<<)~-- -~'~5(li'oWI:it~i\Vi~_m T\ijlj-i;<.lFf,AHTiTli1<<:"IfTffi::-"fn:, -iTiiT lij'V;'I::->r <:JIOCOJ.ATJ: AVI:.. STI~.lli5. 075 l'OI't.AI{ CIIUI\C1I HI), In:, I,EIKIEI', .101111 r~ I'Na.: ;! Sf.'pll'ml)!'1 1 i, ),(JOI IJr, !.(mI'Fldll':: ddvICI'. II!.' lJt'('dlllP .. Il',d .';:L,I" 1.1111;"."" dlld did tlut Job tilled tlw mic1-00'!J ..1IHf tll' ::111(1 1.1h.lL II" ...hlrd.l.d tll Ill.."," 111--111' 111,)111,,', and .:11::0 grcatly 1lI1!i!Jf.'d C'(JIlLl'dCt.lllq v.'od~ bl~C..t1:I" hl:1 10111I11,/ h,llt b"I.'fl IlIvolved 1J) C'(Jfltr,lcLing \'JorY.. fUJ" qellt.'J'"Il. lOJIH and un hI' W'IlL h,l<'Y. I,tl ,"'lll.t ,H~t 111ft work but only 1 i~Jht act.ivlty, f'~r, I'f..'d~J1'r UtilI! Uklt 11 II" h,-llt H'I,Urlll'd to full activity which ,^,o111d 11\cl\ld(~ Vl(JOt'CHW tWI.' of tl("tll ,11th:,,: ,111ft Ik,l'.'lll'J Illn III'.Jd tip .Jlld do'tm he would dev(>lop Illtenlc.lpul.]t" b.'let'. 1';1111 dlld p.lln III hl:l 11(:C\-; dud palO In hin occiput ,)lId tinc]11llq ,-lIld;1 Wf'dknl':lli 111 both \Ippt~l' '~....t..IT1111t.ll!~i, So he aVOIded thone ....H:L1V1.Lle:;, In t.h(: mid~HO'n wh"1l IJI.~ "fl'nl bdck to wnd:. <.1:-1 ~l Ilf]ht contr.:.Jctol'. he dB!Jured I1H-' th,]{~ Dt-, !.uIH.'ny.m '';,:ID !.luppurt 1 Vl:! of that ldcu. On 8/9/96 he was seen in the emergency room oy Dr. JOJI Dubin. lIe had been in automobile accident that day. Iflu car ...r..1U eVldenLly ::;tationary and rear ended by 3 second vehicle going perhapB 50-55 mph. Examulation at that time showed he had full range of motion in his neck and no evidence of muscle spa~m. He had mild parav(!rtebt-al v~r.dcrnes'). His neurologic ~xami.nation \'Jas negative. Hhi left knee examinatlon nhowed IllS knee to be tender, decreased range of motion. Radiographs oE his left knee vJere t.:lken at that time and sho.....ed minimal degenerative changes o[ the patella. Rddiographs of his cervical spine taken at that time showed slight degenerative disease in the lo.....er cervIcal spine with sp'urring and disc space narrowing at C5-6 and CG-7. Radiographs of his thoracic spine showed considerable degenerative di~ease at TIO-Il and some other minor degenerative changes. :'\n MRl of his t:elllpor:omdndibulat. JOIllt ~.!as performed at the r.1agnetic Imaging Center on 10/15/96. On 10/18/96 he was seen by Dr. Ed violago, a Physiatrist. Dr. Violago wrote that Mr. Ledger continued to expel~ience severe neck pain and headaches and was unable to sleep. He felt weakness in his arms, He obtained a history that Mr. Ledger had herniated a cervical disc in 1975. Hr. Ledger told me today that approximately three years after his injury In 1975 Dr. Lonergan took radiographs of his cervical spine and said that there was a narrowing between two of the vertebrae and that that might mean that there was a herniated disc. Dr. Violago's neurologic examination \'Jas unremarkable and he felt that Mr. Le~ger haj a whiplash injury of his ne~k. An MRI of his cervical spine was carried out at Magnetic Imaging Center on 10/22/96 and that study vias read as showing neural foraminal stenosis at C3-4, C4-5, C5-6 and C6-7. On 12/2/96 Dr, Christopher Cannon noted that Mr. Leger had constant headaches and had lower mid back pain. His neurologic examination showed no abnormalities and physical therapy was requested as well as Elavil. He began physical therapy at Polyclinic Medical Center on 12/31/96. He had a history of hearing impairment. ."".~ ,,: ',,' """"':':'~"~"t' "';'.~' ,:,;.<,,:'.:,'~/,'..,:'-.::-'.".'! ..',,::' _:,:,;'~, .:.,'\ ....,: . ,- ('E, I.EltIE", .11111I1 1.1. I'Mil-: .I :;"1'1.1'11I1)('1 1 I. ~~ (/(1 I Oil 1/IJ/fJ" III ('.111111111 Illltl'd UI,IL pIIYill(',11 1.lll'l'dpy Wd!l r:nOtlllWJ tor" Nt' I.f.'dqt'r, hul. 1101. Cllldll'.'I,' .Iud Iii' :ll,.IIU'd r,~t Ll ,(jeJl 'I' tIll V()IL'ln~Il, !llB phYHical ('Xiilllltl.ttlUII ll!l(JWf,,(j nn ollJf'ClIV',' IJI'urnlo'Jlc 111l{1Ill{.J~; ,:Jlld 110 IllwH..'le IIp<Hllll WiHl noted, Un /./l!3/~J"l he lIot.l'd 1.f1,)t r'll" !.ndl.Wrlll h('dd.H.:lif~n Wl.'r(~ dc'cn.'dHL'd, lie "'hlD cJ1V('ll d pn.'::cnpt.HHl tot' Skc.l;,I.:<lIL On 3/2.1/9'7 he Lold Ill". V10};V,I') tildt tIP Heill iJ,HI HP(,(: P,HU ,lnd p.1111 11\ hiB nllouldern and l1ppl~r hH:k. lit! untr'd Uk}!. f.1r. Lr'dIJI!1' ...JdB ,} bUl1din9 contr,lctor, On 3/25/97 fl,r. Ileu/Jct" bl"]']O tn~;ltlllC'nt wIth a c111nJpraCLor, It wau noted that !w }lad fullj! rcco'/ered [nJIll hl~l vf,'hi('ll" ;lccir!f'rJI. III 197~). An MRI of IllS lumbar' nplIll" ....',)~j performed on -1/7/97 clnu that study sho...Jcd some diffuse mild fOl"(lIuinal narro.....ing at L4-5 and Vi-G. On 4/7/97 he was seell by Dr. r.llclw.el \.'loods. Ill' waH complaining o( ueverc low back pain with weakness ,in both anterior thighs. He sald his symptoms had been present (or one week and he was not a',o/ilrc of any injury that initiated his symptoms. His }jymptollls began when he was ~~etting out of a car and 'tlalking through a parking lot. He did not report any radicular symptoms. lie noted that t4e. Ledger had some low back pain (allowing his 1996 motor vehicle accident, but that his 10'...1 bad: pain had resolved in 1-2 days. His low back examination at that time showed no objective ncul~ologic findings and t.adiographs of his lumbosacral spIne taken at l:hat time showed significant disc space narrowinq at IA-5 and L.5-S1. He felt he had a lumbar strain and felt he should I'ule out: a herniated di~;c or ~jpin.:)l gtenosuj. That is why he had the t4RI of his lumbosacral spine. On 4/9/97 he was seen by Dr". Ed Violago, Dr. Violago suggested that he continue treatment with either himself, or Dc vloods, f'lr. Ledger began treating wit:h a chiropract:ol' in April of 1997, May of 1997, June of 1997 and July of 1997, A repeat MRI of his lumbar spine was carried out at the Magnetic Imaging Center on 2/9/98 and that study was compared to his previous study of 4/7/97, The study was basically unchanged from the previous study. On 1/1/01 Mr. L'2dger was deposed, lie said he was a restaurant owner. He said prior to retirement he was a self-employed building contractor. He said he had retired sometime in 1997. He said that he owns Benihana Restaurant with another partner. He said the other partner was younger and did the physical work and Mr, Ledger did the managing end of the work. He said that after his automobile accident he drove his car to a bank and did a real estate settlement and from there went to Holy Spirit Hospital. He said when he got to the bank he noted that: he had nearly lost his hearing, but then it gradually returned. He said he had neck pain, shoulder pain and back pain. He said he had headaches and pain in his neck and shoulders down into his back. He said that at the time oC injury his low back was a bit of a pl~oblem, but gradually worsened. He said he began treatment with a Chiropractor by the name of GOllse. He said he hadn't seen the chiropractor '. ":" ":,.",.'-:.,:"',.,.,..,......,.. .; " ,.' :,'~.'" ~~" .~. ..," ' '. . "~ '" , .,'. , I .' - ,,~ I ~.:" " ~._,_~"..._..,J.." HE, I.I-:IX1I-:II. .'''llIl 1.1 I'N:!': .1 ~;"pl.f'11lIJPI I '. ~WIIJ for ".H I1lIJllt.JW, III' III(ln't l!"PII ,'Hi ,1111"1 lol'li'l JI !L:.l't::. llt' ::.tHl h" hl'l IJI_'drabl(' Ilj'dd,j('l1pll. w'er. :lIJI"Ip':l:l .ill;! lll,11 hl:1 1l"('I~ nU'I'Ill':I!1 dl'fll'ndl'd (11) hIt: level of phYB1C,d ,lCU'.'lty. II.. Y.'.l~: l.t}:lll'l '/PIY Illtl(' lTH'(h{~,1l1ull fill h1:~ headachen or Il'~~cl', P,l'ltl. 11f,' ::,lld Il" ,.l:lrJ llld ~~h(l\lld,~t. 1),1111 aud low b'-Ie}.:. flatH. He ntlid the 10"" l1.H'k 1),,1111 ....',1:1 ptl't',',' {'i,w~t,jlil" b\lt w,Jllld (wt :Jt.~v('re It hr' did liftin~J. Iil.~ H.lld ell.it tllf' :~i'1i'pt.('II::l ttln, Ill:.' l}r~n, dutnn",lHll.' dl'cHhmt had gone ilway b('~f(Jn' lilH Hf~cnlld ,ux'ldt'Jd, 1'" :\;1111 hi.' '....,W 110;\1>1.' to do phynlcal wod'~ in tile bUlldlll~J bUllllll'lHI b"I'-dun" ul thi' ::yn1pt.nfnn it would (\HJ!Jl,' aod ill unable to play (J(')l f beciHwl' of Ull' :}j'lllpLnl1U it. w(;uld C,')U:l','. lie uaiu lIt! wan unable to lift Ill~~ gr.:JndC'tl1ldn.'1l Ik' u;.lld that (Lancing wIth tan wife- alno caused incrciwed Hymptom~l, He n."Ilt.l Ulat llomet im(>!J IK' h,]u to qet out of bed ~Ji tll a cane. His formal complaint lltilted that iw h;)d pout-traum;\tic fibrol1lyalgia of the neck and nhouldenl, chronic lwad:lchcn, cervlcal oJnd thorac.ic level ntrains, severe neck. rlght shoulde:. and hklcj.~ ira]ul it'~~ and tJ!I!.poron~:u)dibular joint. \'lhen I spoke to r1r. Ledger tOt].::ay hp told me that after lun vehicle accident on August 9. 1996 he developed ;ICl1te IO'~J back puin and by the time that he got to the hospital he no lon~F!r tLH.i J.ny 10''''' back pain and that his low back pain began in early April of 1997. l\t tllln time Nr. Ledger is taking no medication related to his injury. lk~ iB !}imply taKIng a diuretic. Mr. Ledger told me that after lus vclnclc ~:lccident in August of 1996 he attempted to do some contracting .../ork but found it toO paInful to do so and has not done it sincc. He sayf.i tllat at t.lll~j time IllB low back pain is probably his main complaint. He said that if he tI'u~d to do \"lgorous activity today he would develop inc:re':-Hied headz.che, lH::ck p:un, 1)11atera1 shoulder pain and pain in his thorax and 1m... back. The ~jYlllpt01llS in his neck and shoulders would be worse than the symptoms he h.Jd prIor to hiH August 1996 accident. He has no bowel or urinary complaints related to hIS spine injury. He says that basically he has a full-time job ...:orking at Benihana. rotuch of his work is administrative, but he also helps out and does things like cleaning of tables but again, mostly administrative work. On a day when rotr. Ledger is careful in his activities, and doesn't overdo it, he has a headache which he says is rather constant and he would grade it a level 3 out of 10 and he says that he wasn't having that type of headache prior to his 1996 accident. He has minimal neck and shoulder symptoms. He has constant low back pain. He is not presently being treated for his neck or low back. Mr. l-edger brought '10 studieg ...,ith hin' today. \\fhen I performed a pertinent orthopedic examination today Mr. Ledger was cooperative and in no acute distress. lie said that my orthopedic examination did not hurt him. I found when I examined his neck that he had some limitation of dorsiflexion of his neck and he said that he can't honestly recall having that limitation prior to his vehicle accident in 1996. Full hyperextension caused increased neck pain. He appeared to have essentially full rotation or his neck. He had full flexion oE his neck. He had no trapezius tenderness. He had Eull range of motion in his shoulders, elbows and wrists, and that motion was painless. His AC joints were neither deformed nor tender, His biceps were intact. Neurovascular function in both upper extremities was intact. His biceps and triceps reflexes were 'f .:. ". '. .,:"'. ,'" ,t' .::" . :.:' .~' ~," ': '.~ - ~ ~,_ '. '" .....~ :. ' ,:',: ':"., CER'I'I,'ICATE or SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on April 8, 2002: Dusan Bratic, Esquire Bratic & portko 10l South U.S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. B J. Sh' man, Esquire mey I.D. 51785 320 Market Street P.Q, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 73171.1 , , . .;, '.0 t . " '.,~,.., . . . <I. " . :," I ": ' ';, j ._' 0 . _ ,~ . , I . -"'0 ~. _' " ' HPR-Q'3-;:'(l(l2 IS: 01 717.1129J20 717.n.~':i.::.:.lt f' .O~^ lJ', · ),ImW", Jif1.. b. Lisa Ledger .,/ c. (Dr. Rob~ Beaudry by deposilio.;:) d. Dr. Christopher Gouse by dl:Jlosilion @ e. A Realtor who was present at settlement scheduled for 3:00 P.M. on day of accident f. Robert Bowers g. Employee or sub-contractor familiar with his pre and post accident condition 4. J.i<f nfFThihlt< a. Medical records b. Photographs ofthe vehicle c. Damage estimates d. Plaintiff respectfully has the right to supplement the exhibits list in advance of trial 5. F.'qlprl reporls See reports of Dr, Robert Beaudry and Dr. Christopher Gouse attached to first Pre- Trial Memorandum. 6. Stipulotinns None 7. J,png,h of trio I Two days . .", *0 : ,','. \',',. ," ,.""1'>\ 0,0 ,~'" '~,/..' ",I '. .\' ,~ . .' .,', '\":~ .~', .: ", J:..'.;, ~.,.,. '.;, rf'R-O';,-:'OO:! I':>l(l:! 71 ?ol'3:?'3:!;:Q 717.132'32=~O F'.OJ,'(1S S. ~rhf"rilllln~ prnhlrm.. Possibly with regard to depositions ofPlaintifl's Expert Witness. 9, F.vfd.ntillr:y I....c~ None anticipated 10. ".lflomon! Nogn!i"tinn~ 1- senlementdeman~ ~'1 fT'O Respectfully Submitted, Dale: Y-'1-0'J-- -' DusanBratic, EsquireJD 19249 101 South V.S, Roule 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs " ,.,'.., . \, I ".'. ~ .' '.:. . ,'t. : :; , ',,: ~ ;'.' :: -, _ '~ " '." . . . , , ' ..\ ' . ...... 7"/.r~;.",.....,1 I'. l ,', ll~, Hr1~..n')~'~\I,Q S.',lH," ".t'l.t"V'j.-!~.(t JOlIN M. LEOOER.lIt.. allll USA LEDGER, : IN TIlE COM..\.10r-: l't.f.AS COURT OF : CUMBERLAND COUNTY, PENNSYI.V A~A I'IainlitT~ v, CML ACTION . LAW NO, 98-4522 MILFORD C. SPICHER. JR., DcfcndllJ1\ JURY TRlA1. DEMANDED rPRTlFTrA'T"'P OF ~FRVI('P. I HEREBY CERTIFY Ihal a trUe and correct copy of tlle foregoing Plaintiffs Prelrial Memorandum was fumished by fax on the 9111 day of April, 2002 10: Jefferson 1. Shipman, Esquire Goldberg, Katzman & ShipmllJ1, P.C. 320 Markel Street P.O. Box 1268 Harrisburg, P A 17 \ 08-1268 Fax: 717-234-6808 Dale: 4 - q - 6'2., Dusan Bratic, Esquire 101 South U.S. Route 15 DilIsburg PA 17019 TOTRL P. 05 .' ", r ,." .': ""'. ',\.,,: ," . r -, ~''', ',." \' <"~' . .:: 'T "'.' . . ',' ~ JOHN M, [,EDGER, JH" ilnd LI SA LEDGER, liS IN TIlE COURT OF COMMON PU!AS OF PI" int if to CUMlll"<LAND COUNTY, PENNSYI,VANIA v. CIVIL ACTION - LAW MILFORD C. SPICHER, JR., Defendant 98-4522 CIVIL TERM IN RE: PRETR I f'.!, CONFERENCE At a pretrial conference held Wednesday, January 9, 2002, before the Honordble Geol'ge E. Hoffer, President Judge, in the automobile accident case, Dusan Bratic, Esquire, represents the plaintiff, and Jefferson J, Shipman, Esquire, represents the defendant. It is a rear-end collision occurring August 9, 1996, wherein defendant admits liability but not causation. Although the plaintiff required splints on his jaw, all treatment was conservative and all soft-tissue injury treated mainly by chiropractic. plaintiff will be taking the deposition of Dr. Beaudry as his medical expert, and plaintiff guarantees the Court that this deposition, to be used in court, will be completed before February 20, 2002. Plaintiff's chriropractor, Dr. Christopher Gouse, will be brought to court live under the current planning. Defendant will require a physical examination of the plaintiff, and plaintiff shall make himself available at any time defendant chooses between now and January 31, 2002, for examination. Plaintiff's attorney has requested a continuance of the matter until the March term of court, which would be March 11, 2002. This continuance is not objected to by defense counsel, provided all discovery is complete by the next pretrial conference and there are no further delays in presenting the case to a jury. ',' _,.', , ~ ."', . "..' ':' ' ~ '.;: ',..' " : , ' ' .' \, "' .' I. ,.., \ '. ... '-.-..,..".-..,..,... By the Court, P.J. DU03n Bratic, Esquire For the Plaintiffs Jeffrey J. Shipman, Esquire For the Defendant pcb , . . l, " ',. . . :,' "~.:' "... ' -'" < : : '" .,.' '.. \: ':. -; '. . (\1 (: , .< \0'-', '~.:I :~' i .j .~",' .',,~;....,,':~~'r- I.AW u....I(.I':.. OOLnUI~1l0, "ATZHAN 8c SUIPMAN, I~C(ft" .. ) lIWO HAH"r.T "I"p.r.r _ ,;::- "TIfAWhr.HItV""qtJAllr. .1.1 ~~,; I', n.IIO)( lunA (,,;:. IlAltICISllllUO, l'I~NN!i.YI.\lANIA Ifhln'lunl1 ~"'_~..,,".., ~() Jcff('rson J, :::lupman, ~:~qlllrf' [,0. N~178~ GOl.DBf~RG, KATZr".t'\tl f. SIlIt>I.~\.tl, (J.C. 320 Market StreeL P. O. Box 1268 Harrisburg, PA 17108-12t')!j (71"l1 23~-~161 Counsel (or Defendallt JOllri~Li,;6G~: r~;--JI~~"; LISl'. LEDGE:H, Uar;"(j------.--..."hjrrii.: COlJi'.T ell-' cor:l1:1ofj-I,CiUis 01" CU!~Ilr:RI.AN[J COUNTY, PENNSYLVANIA Plaint irEs CIV I L ACTOn - LA\'1 vs. NO. 98-4522 Civil l'arnl MILFOHD C, SPICHER, Defendant JURY TR It'\L DEr1!\NDED PRE-TRIAL ME!~ORANDUr1 OF DEFENDANT, !1ILFORD C. SPICHF.R 1. statement of the basic facts as to liabilitv. The case arises out of an accident which occurred on August 9, 1996 on Route 83 South, at approximately 1:00 P.r1. The Defendant struck the Plaintiff from behind. The principal issue is whether this accident was a substantial factor in causing all of the alleged injuries involving neck and low back strain and sprain and jaw pain. The case was initiated by Writ of Summons, filed August 8, 1998. '!"" .~"., . ~ '.. '. :: . \ ".' ~" ~.~ "', " .- .'. " ,',' , :. " .:. .... . "/..',~ ., . \': ~ " { . 2. Dflrn;lq(~~;. To be provided by FJ"intitt, 3, \'Iitn(>ssl'~;. 1. Plaintiff, John Ledger, as on cross-examination 2. Milford Spicher 3. AI) witnesses identificd by Plaintiff. Defendant respectfully res(;rves the r-iqht to supplelli(lnt this list scasonably in advance or trial. 4. Exhibits. 1. All medical records. 2. Photographs or the vehicles. 3. Damage estimates. 4. All materials exchanged in discovery. Defendant respectfully reserves the right to supplement this exhibit list seasonably in advance of trial. 5. Exoert reoort. Please see the report of Jason Litton, M.D., orthopedic surgeon, attached as Exhibit "AN. 6. Stioulations. None. 2 .. . ' " " \ . _ I .' . '.' ',f , , ' ',,', > I' , .,,' ..' .' " .' .' ,..' __ ., ~ ,': l ., ~. ' ., . l&ll~l.Ll)-,>J__LLLiLt. 'J'vJO {? \ Jd'/S. 8. Sohedulll1'1 nt'obl':!!lI';. None anticipated. 9. r.vid~~nt i :lL..Y.-U~Slles. None ilnLlcLpated. 10. Settlement neuotiations. Plainli [f has never made tJ fonnal demand. Respectfully submitted, GOLDBERG, KATZr1AN & SHIPMAN, P.C. Je ferson J. Ship Attorney 1.0. 517 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 73171.1 3 exhibit A ,- ,,,,!...,, T....~.:~" ,t..' :"~."" ;" '.' '::.....:. :~.,:::!l,:,..::."; " I." ' ,.,.,..' ,,:'_ ':,:., ::,~._;~"._..~...:..\..,';.....,..:.-~:',,':::;: ,'.:,:.<'. '. 'I.~ IW.tl"ff IWoO. H H RK:Jl'JUJ J. l'.tlAI.. M U l\onrKl R 1",IHtl~, ,.1 f) ~1t'.J11rl'l W. OAllr:Y. "1 H VIlli VJ1 W, f),,.,U1U. M n. I'.A C~. J()IIN K. 'lW'IKr.NY II, Mil.. r.^ C.~ M.4J'.t\!t<JKLIUI\.MlJ KKIWUJ IIIW,UX:t\. H II JAMr~'" K. rwt"-lu:K. Mil, r.^c~ TI:I.r.I'IIONr.: (7171 701.55~(J filU'.L,tJl(YA.IIN'1/'\."),HIJ AI f..vJ1I)f." MI,f;l'tAI\ H U. fA ("~ lit )tWIH It M~I'.U^. no., r.A t: (Pi !tONAllIW.III":,,,,I1.,I'.AL,\ .JA"'-l:'1.1.lIrltlt'l."11I rt\NI:''''llllUllllkl,,.,1l \Ioll.l.WIJ.I'UIM:tIlTK,..llt,HII ~Hr.\T.N It \\\ll.r. Mil 11101'"',1 nl<.:IIA, M IJ. .t:<=:)IP' IlltIIIlU'IIIH'IN.,llllfll ( IJlI'I'NN'iYI,VANI^ (UOO, U:H.4nlCJ , f'AX: (7171 1.'7.71~J7 . .....\<ro'W.llllhllln..llluh;Clfp.I.(OIl1 S('I>t.(~lIlbf.'r 13, 2001 Jefferson J. Shiprn.:ln, AttorneY-llt-L.1W GOLDBERG, KATZMAN & SHIPMAN, PoCo 320 Market St" Strawberry Square PO Box 1268 Harrisburg, pA 17108-1268 RE: LEDGER, JOHN M, 1050 Country Club Road Camp Hill, PA 17011 201 26 2854 18945725 Dear Mr. Shipman: This is in reference to JOHN M. LEDGER, whom I initially saw in my poplar Church Road Office on September 13, 2001 for an Independent Medical Examination. The following is the report of my Independent Medical Examination of John Ledger and thank you for referring him to me. To prepare this report I have carefully reviewed your letter of August 24, 2001, the Amended Complaint, medical records from Holy Spirit Hospital Emergency Room, Holy Spirit Radiology, Or, Richard Baal, Dr. Ed Violago, Dr, Christopher Cannon, Polyclinic Hospital Physical Therapy, chiropractor's notes, Dr. Michael Woods, the Ma9netic Imaging Center and the Oral Deposition of John Ledger, Jr. I then took an oral history from Mr. Ledger, performed a pertinent orthopedic examination, reviewed any studies brought by the patient, obtained any studies I require and dictated this letter to you. In my letter I have attempted to answer all of your questions. All of this work was done by me personally. John Leger, Jr. was born on 4/16/36. On 10/13/75 John Ledger was treated at Holy Spirit Hospital for a cervical sprain that had occurred approximately six weeks earlier in an automobile accident. He had no specific neurologic findings and was sent to physical therapy. His diagnosis was cervical strain. Mr. Ledger said that after his automobile accident in 1975 he was treated by Dr. Robert Lonergan for many years for his neck injury. He said that Dr. Lonergan said that. he would not be able to go back into the contracting business where ,Mr. Ledger enjoyed working. His job prior to that injury was that of a building contractor and doing that job invo~ved him in very vigorous physical activity and hammering. Because of his continuing pain and, OKlll(1IT,IllC5UIlOr.ON5.tTO. ^DDI{I~5 ALL COI{l{l~5rONDeNce TO: 615 l'OrLAlt CtlURCl1 ROAD, CAMP lULL. l'A 11011 CAMP lULL OFFICE IlARRIS8URG OffiCE CA~IP lULL OffiCE IIERSIIEY OffiCE CAMP lULL OffiCE 3916 TIUNDLe ItD, 450 ,'oweRS AVf;. B90 l'OI'LAR CllUltCII RD,. STC. JOB JO weST CltOCOLATr. Ave., STC. 105 815 "Ot'LAR CIIURCIl RD, '. . '.: \<r,. :lj:, 'I~. ':."'./,I.::t" ",~u. '-'~'. ',' I'~',' ,.'~. O'~"lo:",-...'"~~", (+1_:,.1"- ,:':. R~;: LEOOlm, .1011I1 I~, P^riI~ 2 .(;f'ptPllllwr 1 J, I!OO 1 VI'. 1.,un,..r~Fw.ll advlce. lie lJl.t'l.lllll.~ <.1 le,ll "lIt,I'.!' Illok!'1' .lilt! did th,lt. Job until the mid-OOln alld he UilHJ t.h,Jt. tH" Wdllted l.u l!l..d;'l~ I1lt)II..' Ulullt~y .'11 It! alno 9rt'tltly ml1wcd contract 1119 work b(:Cillllll~ III tl f .Im! J i' JI,vi bl.'('1I ) Ilvol ved HI contract1ng work for generationu clnti uo he W('nL h,lCy' to CUlitl'o:lctH1Cj wory. but 'July ltght activity, Mr. Ledger Udld that )1' ilL' h,1l1 It_.t\luwd to full aC'tlvlty ....'hieh .....'ould Includt.! vigorO\llI Wle o( botl, ,111l1:l ,ilHi ll'inVlWJ Ill!1 lWold up ;ind down lie would develop lrlterncapular b~,cy' paul and paul In lilU lH:'ck .ll1d p.:llll 10lUB OCCiput and tlngl1JI~' and <.1 weaklWllll in bt:lth tlPIY.,'l' extrernltl(~~l. So he avoldt~d thm.lc .J.ctlvitlUIL In the lllid-HOt!! whell hI' WI~f1t hH:r. t.o work .111 iJ 11,~JhL contractoz", he dt.H1urcu Ille that Dr. 1.OJlt:'t'fJ.ll'1 Wi.W tll.lpport 1 ve of that Idea. On 8/9/96 he was seen in the emergency room by Dr. Jon Dubin. lie had been in automobIle accident that day. HID car j.o:,J~ c'.ndcntl}' Dtatlonary and rear ended by a second vehicle going perhaps 50-55 mph. Examlnation at that time showed he had full range of motion in his neck and no eVldence of muscle spasm. He had mild paravertebral tendernesfi. HiD neurologic ~xami.nation \'lao negative. His lef~ knee examination showed his knee to be tender, decreased range of motion. Radiographs of his left knee were taken at that time and showed minimal degenerative changes of the patella. Radiographs of his cervical spine taken at that time showed slight degenerative disease in the lower cervical spine with spurring and disc space narrowing at C5-6 and C6-7. Radiographs of his thoracic spine showed considerable degenerative disease at TIO-II and some other minor degenerative changes, An MRI of his temporomandibular joint was performed at the Magnetic Imaging Center on 10/15/96, On 10/18/96 he was seen by Dr. Ed Violago, a Physiatrist, Dr. Violago wrote that Mr. Ledger continued to experience severe neck pain and headaches and was unable to sleep. He felt weakness in his arms. He obtained a history that Mr. Ledger had herniated a cervical disc :n 1975. Mr. Ledger told me today that approximately three years after his injury in 1975 Dr. Lonergan took radiographs of his cervical spine and said that there was a narrowing between two of the vertebrae and that that might mean that there was a herniated disc. Dr. Violago's neurologic examination was unremarkable and he felt that Mr. Ledger had a whiplash injury of his ne~k. An MRI of his cervical spine was carried out at Magnetic Imaging Center on 10/22/96 and that study was read as showing neural foraminal stenosis at C3-4, C4-5, C5-6 and C6-7. On 12/2/96 Dr. Christopher Cannon noted that Mr. Leger had constant headaches and had lower mid back pain. His neurologic examination showed no abnormalities and physical therapy was requested as well as Elavil. He began physical therapy at Polyclinic Medical Center on 12/31/96. He had a history of hearing impairment, RE: UilJGEJl, JOliN 11, PAOJi 3 Septembf..!r l:J. 2001 On 1/13/9'} Dr. C,HlIHHI nntf'd t.1I.lt IlhYlIIC<lI t!ic'rdPY WdH t1C)OtJlllI~J for r11'. Ledger, but not ClIt",lLivp .HIIJ h.. !Il.ll'lt:d t-1r. Ledqcl" 011 Volt.lnm. II if! phi'uie.J! eXdlllirwtion uhowt'd no ouJiX.Li....'<. f1euralo9lc flndlngu iJnd IlQ muucle UP,)un! W;lO noted. On 2/18/~'J he noted that MI', I..edger'u IwadacllClJ wore deer-caued. Iff... was given it pn~ucrlplion (or SkeL.lxin. On 3/24/97 he told Dr. Vl()Ja'lo 1:II<,t !Ie Btlll had neck pain and p.lin in !llll shoulders and \.lpper hack. 1If.' noted that Hr. Ledger WMl a bUllding contractor. On 3/25/97 Mr. Ledger began treatment with a chiropractor, It waD noted that he had fully recovered from hin vehicle accident in 1975. An MRI of his lumbar spine was performed on 4/7/97 and that study showed som~ diffuse mild foraminal narrowing at L4-5 and L5-6. On 4/7/97 he was Been by Dr, MIchael Woods, He waB complaining of severe low back pain with weaknesB In both anterior thighs. He said his symptoms had been present for one week and he was not aware of any injury that initiated his symptoms. His symptoms began when he was getting out of a car and walking through a parkin9 lot, He did not report any radicular symptoms. He noted that Mr. Ledger had some low back pain following his 1996 motor vehicle accident, but that his low back pain had resolved in 1-2 days, His low back examination at that time showed no objective neurologic findings and radiographs of his lumbosacral spine taken at that time showed significant disc space narrowing at L4-5 and L5-S1. He felt he had a lumbar strain and felt he should rule out a herniated disc or spinal stenosis. That is why he had the MRI of his lumbosacral spine. On 4/9/97 he was seen by Dr. Ed Violago. Dr, Violago suggested that he continue treatment with either himself, or Dr. Woods. Mr, Ledger began treating with a chiropractor in April of 1997, May of 1997, June of 1997 and July of 1997. A repeat MRI of his lumbar spine was carried out at the Magnetic Imaging Center on 2/9/98 and that study was compared to his previous study of 4/7/97. The study was basically unchanged from the previous study. On 1/1/01 Mr. L~dger was deposed. He said he was a restaurant owner. He said prior to retirement he was a self-employed building contractor. He said he had retired sometime in 1997. He said that he owns Benihana Restaurant with another partner. He said the other partner was younger and did the physical work and Mr, Ledger did the managing end of the work. He said that after his automobile accident he drove his car to a bank and did a real estate settlement and from there went to Holy Spirit Hospital. He said when he got to the bank he noted that he had nearly lost his hearing, but then it gradually returned. He said he had neck pain, shoulder pain and back pain, He said he had headaches and pain in his neck and shoulders down into his back. He said that at the time of injury his low back was a bit of a problem, but gradually worsened. He said he began treatment with a Chiropractor by the name of Gause. He said he hadn't seen the chiropractor L... ,'.iI ,""""- , " " ~,'., _ ,,' " ~ "-. < :' J. .,',', ~',", ,,': .~:.' " ' ,<., '; _ ',' .~ ': .,:." .~, ':"":' I I \":' : :~: '.:..: _.,.' '. " ," . /. ".,......_ . " ,~ ,.~,~:"'.... j',j ':""':I.a ,.: . '" 110, :.. ' ' , ."""';~~:'''':f~' HI,:, LIWGI,:H, ,JOIIII M, PAGE" Bt!J1tel1lb(~r 13, ~WOl [or ., _ 8 monthn. ilL' hadn' t Uel~lI <IllY PUII:I pl"dCL 1 L I (I!j'_'ru, Ho ,';.11 d he J1.Jcl bearable lwadachcn, neck uorene:H.l alld that: lil:.1 neck BorelH'II!! df'pf~nded on )1111 level o( phyU1cal acti.vlty, Hl' Wd!l tak)n~J very little medlc,ltlon (01- hin hCildachml or neck pain. He Hilid he aluo had uhoulder palu and low back palll, He naid the low back pain wau pretty cOT1ntant, but. would qt.t: BC'ven!: if he did lifting. He naid that the uymptolll!.J frol1\ hlH firut dllL-Omoblle acci.dent had gone away befon~ hi!:] Hecond accident, lie ~laid he wan unable to do phyuical work in the building busineml beC.1.U~lC of the nyrnptonl!J it: would Ci\U~H: and in unable to play 90lf because of the symptoms it would caUll<). lie said he was unable to lift his grandchildren. He said that dancing wlth lllS wlfe also caused increased symptoms. He said that sometimes he had to get out of bed with a cane. His formal complaint stated that he had post-traumatic fibromyalgia of the neck and shoulders, chronic headaches, cervical and thoracic level strains, severe neck, right shoulder and back injurie~ and temporomandibular Joint. When I spoke to Mr, Ledger today he told me that after his vehicle accident on August 9, 1996 he developed acute low back pain and by tbe time tbat be got to tbe hospital he no longer had any low back pain and tbat his low back pain began in early April of 1997. At this time Mr, Ledger is taking no medication related to his injury. He is simply taking a diuretic. Mr. Ledger told me that after his vehicle accident in August of 1996 he attempted to do some contracting work but found it too painful to do so and has not done it since. He says that at this time his low back pain is probably his main complaint. He said that if he tried to do vigorous activity today he would develop increased headache, neck pain, bilateral shoulder pain and pain in his thorax and low back. The symptoms in his neck and shoulders would be worse than the symptoms he had prior to his August 1996 accident. He has no bowel or urinary complaints related to his spine injury. He says that basically he has a full-time job working at Benihana. Much of his work is administrative, but he also helps out and does things like cleaning of tables but again, mostly administrative work. On a day when Mr. Ledger is careful in his activities, and doesn't overdo it, he has a headache which he says is rather constant and he would grade it a level 3 out of 10 and he says that he wasn't having that type of headache prior to his 1996 accident. He has minimal neck and shoulder symptoms. He has constant low back pain. He is not presently being treated for his neck or low back. Mr.. I.edger brought T'JO st:udiefl with hifTl today. When I performed a pertinent orthopedic examination today Mr. Ledger was cooperative and in no acute distress. He said that my orthopedic examination did not hurt him. I found when I examined his neck that he had some limitation of dorsiflexion of his neck and he said that he canlt honestly recall having that limitation prior to his vehicle accident in 1996. Full hyperextension caused increased neck pain. He appeared to have essentially full rotation of his neck. He had full flexion of his neck, He had no trapezius tenderness. He had full range of motion in his shoulders, elbows and wrists, and that motion was painless. His AC joints were neither deformed nor tender. His biceps were intact. Neurovascular function in both upper extremities was intact. His biceps and triceps reflexes were -r > :...' " _'j :',:';, ..:' ::..':~l, ~_~(: .:.; :,:.,:.;j~,~,_',,"" '" ..'.,,',~:_"I.:'/'~.;,.:...;.~<__:'.,__.~~,",,:;'_:'..." "~ :,"'."\ .' -'" ".~,~ l,>~; C~RTIPIC^T~ OF S~RV'C~ I hereby certify that I served a copy 01 the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, OIL Harrisburg, Pennsylvania, on January 2, 2002: Dusan Bratic, ~squire Bra tic & PorU:o 101 South U.S. Route 15 Dil1sburg, PA 17019 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. Jef ers n J. Sh pman, Attorney 1.0. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 73171.1 4 r't' ,-... 1...- ... ,";.0;.",'; ;'" '~, "i' , ~.".'. ~P:':""~; ~'\~':\.' ;:.,. :',. ',";. ",...:',.:.;r^l~ :.::::.',.J.,...........'=:"':.::'..'.,...:' _' ";":", JOII~ M, LED( iEJ{, JR" ami LISA LEDGER, : I~ TilE ('O:vt:vtO:--J PLEAS COURT OF : ('lJMIlERL,\~D ('OlJ~TY,PENNSYLVANIA Plaintii'ls v. CIVIL ACTION. LA \V NO, ')S..jS22 MILFORD C. SPICIIER, JR., Dclcndant JURY TRIAL DEtvlANDED PI .\INTIFFS' PIH'TI~"\1 ~1I:i\I(m.\NJ)I'~1 I. Stl1tllltWllt nf B:I\ijr F:lrl\i :I\i tn 1.i:1hilif>' This is a rcar cnd accidcnt, which occurrcd on August 9. J 996 on Routc 83 South, just past thc South Bridgc, at approximatcly I :00 P.M. Thcrc was substantial damagc to thc vchiclc of thc Plaintiff, which was a Lincoln. 2. St~t(lm(lnt of th(l Ilnl\ir Fm..tl\ ~1l\ to nnm~o(lc;; ~ Shortly aftcr thc incidcnt, Mr. Lcdgcr cxpcricnccd problcms with his ncck, back and hcaring. Hc had tcmporary loss ofhcaring. Hc was treatcd by Gousc Chiropractic Clinic and some physical therapy and Dr. Robert Bcaudry. The outstanding mcdicals arc approximately $6000, which necd to bc reduced to Act VI numbcrs and a rcqucst has becn madc to thc Chiropractic Officc to do that and Plaintifrs counscl was informcd that thcy would be done in timc for inclusion in this Pre-Trial Mcmorandum, but havc not bccn done so to datc. Futurc damages arc additional mcdical carc costing approximatcly $800 cvcry four or fivc ycars for a splint, approximately $150 to $200 for medical monitoring and maintcnance of the jaw condition and medical costs of $300 to $600 per year. There was somc loss of income for a pcriod of one year. -_.....of- . , . .:' '.> :' '.':. :.:. "d' :--' .',.''.';..,. ..~>~..'~.::: ;:.'.~' :,~::>."":":';"'.',,,:.,,:...,~.,.....:,:..:'::.:'Y:.'':,.::. . " . .. X. S('ht.,III1illfll'rnhll.,It\l. Possibly with rcgard to dcpositions of Plaintilrs Expcrt Witncss. 9. I~\'ifllllltlnl'}' jc,i"lIJeS None anticipatcd 10. Srft)rI1WIl' Nl'f~oti:ltinn~ Settlemcnt demand 01'530.000. D"~ Respectfully Submitted, / ~ .6usan Bratie, Esquire ID 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs i , ! , : , i I ! ! i ! i I , I I i I :1 .1 ~. ,-": i~:",.~:.:;'~' ,<' \. l,'~ :,.,',,: \ . _ ','" ,;.' "e" '.'"~"'; .""~: ,'.;::' ,.~>, '~':'....:.-".,_~lo,:'':.....'':'''~.....~' :_~.'";.~.' "':,'. ,,,,?, "'d.' '.",."--. ,....:-'1..:..." JOliN M. LEDGEll, JR" ;U1l1 LISA LEDGER, : IN TilE ('O~I~ION PLEAS COURT OF : CUMBERLAND COUNTY.PENNSYLV ANIA Plaintins \'. CIVIL ACTION - LA W NO. 9S-.\522 MILFORD C. SPICHER. JR.. Dcfcndant JUR Y TRI..\L DEMANDED rFRTIElD\TF OF SFIMCE I HEREBY CERTIFY that a truc aud COlTcct copy of the foregoing Plaintirrs Pretrial Mcmonlndum was fumishcd by hand delivcry on the 8th day of January. 2002 to: Jeffcrson J. Shipman, Esquirc Goldberg, Katzman & Shipman, P.c. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: It/o ~/ Dusan Bratie, Esquire 101 South U.S. Route 15 Dillsburg PA 17019 \\'t'" SIII.n' . \('l\' l lId l idl\"'lIH: I{",.,I l',lIhl' 1\1111':\ rl\'I! i71;\ jfd;ld,' l'Il,.w \717\ ildh'''''' \,1\ January 2, 2002 Hlll,,'r. J. 1\,..lIhlr\'. Jr.. D.~t.P. 111/,)."r',lk\"',lllllllll.,.lIJ \ ),,11 ;Hd \tl,dl..j,hl,ll '\wl:n, '\' (, , . .. ' ~ ' \ ',' Ii, ; .. ,1,' ,V {J' I : I. ; BEAUDRY OralS/lrgay Dusan Bratic, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 RE: John M. Ledger Dear Attorney Bratic: I originally saw John M. Ledger on October 14,1996 for evaluation of his temporomandibular joint and head pain. Mr. Ledger reported that he was referred to me through his family doctor. He was rear-ended by a pick-up truck and his car was then pushed into the vehicle in front of him. Right after the accident he experienced problems hearing. He had a sense of memory loss, burning sensation in the base of his neck, headaches and a grinding sensation and jaw pain. Eating and yawning made the problems worse. The injury was interfering with his ability to sleep, The patient had cracking in his temporomandibular joint when eating, chewing and yawning. I requested an MRI of the TM.! joints. When reviewed I found that there were bilateral anterior meniscal dislocations. There was lateral displacement of the meniscuS on the left and mild medial displacement of the meniscus on the right with flattening. There was poor translation and poor reduction bilaterally. He was given medications, Lodine, Soma and Ambien. Diagnostic study models were made for him on 11/05/96 and occlusal orthodotic splint was prepared for him on 12/3/96. The appliances were adjusted on 12/10/96 and 1/16/97. He was prescribed to wear a splint except when eating up until he received some relief. At that point he was going to be transferred to wearing the appliance for sleep only. The cost of the appliances was approximately $700. A medical billing record is attached for the dates of treatment. On 4/7/99, there were single tooth extractions of T8, T9 and T10. Those were not related to the accident. He needed restorative and prosthetic dental treatment. Upon completion of the dental work, he will need refabrication of the splint at a cost of approximately $800. A. AUl'ofiwfby .."Amedit'"ion Assoei.aion I'''' Ambol.aory Health Care, Ine, . . ~.. ...,. ~. ~'.,. '. ,... "\~,,~,' "".... ,'\:,," .:;.. <~'.. '......_ ......:',;, "i':'~'"';:; '~,.,~'\,f' '. ~~ . ,""",,' ":;'~'~ ." ",1 . '~ c;OUSl' I kaltlt Servile... ~~ I J.\ ,'" ~iI f ~,j /j I C' . ~'t' ik'lrl/n1/rll)/ Janu:ny 4, ~1I11~ \ ) Ilratic & I'orlko Attorneys at Law 101 Soulh U,S, Roule 15 Dillshurg.I'A 17019 Attn: Dusan Bralic m lI~th Eoo~ R~d, Su~, H lO'l~1 level, SuIl"nc'OO~ Plow [nolo, PA 17025,2128 RE: John Lcdger DA: August 9, 19% I,,: 717.732.5950 cmoil:togd{"i'ilool.<om voice: 717.732,1800 DcaI' Mr. Bratic: Thc abovc mcntioncd p:ltient was first eX:lmincd in this onice on March 25, 1997 lor injuries sustain cd in an automobilc accident, which occurred on August 9, 19%. CHIEF SYMPTOMS I. Ncck pain 2. Headachc 3. Shoulder pain 4. Back pain HISTORY OF INJURY He was scen at a local emcrgcncy room following an automobilc accident wherc hc was rcar-cnded, He was driving a largc car and thcrc was a moderate amount of auto damage. Hc was push cd from bchind by a pick-up truck and thcn push cd into the vchicle in front of him, Hc thcn followed up with his family doctor. PAST HISTORY He did rcport that approximately 20 years ago hc had herniatcd disc in his ncck from a car accident and over a course of four or five years thosc symptoms rcsolved themselves to a point whcre he was able to do all of the work that he did prior to that timc, with the exception of hcavy exertiona! typc activities, Pilgl'/2 EXA,\IINATION lie W~s lirst seen on 3/25JlJ7, hec~use his s)lIIptoms Ihlm the ~utomohile ~ecident h~d not improved. When he lirst came to the of'lice. there \\':IS ~ restriction in the range of motion of eervie~1 spine during extension ~nd lef1l~teral flexion. There was also restriction in right rotation. There w~s a positive Addison's sign on the lell. which showed reduced pulse in his arm was elev~ted ~nd head rotated to the opposite side. Thcre wcre p~lpable cervical musele spasms and we~kness noted in the lell wrist extensor on finger strength during ~bduction. Therc was tendcrness along the occipital bridge on the lell side. Thoracic Outlet Syndrome test was performed using pJclhsmyogr.lphy, which i/1{Jiealed deere~sed blood flow in position 9 ~nd 10. which is consistent on the left ,l/1d Ihe right and consistent with sealenious ~nticus syndrome. lie also h~d persistent lowcr b~ck pain with ~n ant~lsic gutc. Hc W~s ~Iso sccn by Dr. Michael Woods. Hc undcrwcnt a coursc of physical thcrapy with Dr. Michacl Woods. It was notcd that thcrc wcrc somc rcstrictions in the rangc of motion in the ccrvic~1 spine ~nd incrc~sc in hcadaches aftcr complcting thc eervic~1 rangc of motion tests. Also notcd wcre bilatcralmusclc sp~sms on the lumb~r spine. Hc did report problcms with prolongcd standing and ongoing complaints of ncek pain and hcadaehes. jn the x-ray cxamination on 3/26/97 rcvc~lcd loss of normal ccrvical curvc and MRI findings of foramina I narrowing in C4-5, C3-4, C5-6 and C6-7. Thc course oftrcatmcnt with us was 10 givc the paticnt symptomatic rclicf. Hc was givcn muselc stimulation, hot packs, soil tissuc adjustmcnts. His mcdical rceords arc av~i1ablc for rcview. Mr. Lcdgcr had limitcd mcdical covcragcs that werc us cd up and was not ablc to fully pursuc a program that would be appropriatc for somcbody with thcsc typc of injurics. In my opinion he did sustain ~n aggravation of injuries to the cervical spinc, as well as an aggravation to a prc-cxisting condition in his lowcr spinc. Hc was being scen by an oral surgeon forTMJ problems, The course oftre~tment \Vas conservativc chiropractic trcatmcnt, which consistcd ofmusclc stimulation, icc p~cks, ultrasound, dccp tissuc massagc. Pain is an indicator of problems in thc body. If prior to thc accidcnt of August 9, 1996, Mr. Ledgcr did not havc signifie~nt problems with his ccrvical spine and headaches, then the ~ccident precipitated thc problcms that cnsucd. _ ,', . . " 1 'l , y _ .' _. \, . ., "", . ..t '. - ,. 'ro.. ~' . l , '" .,' , ' '" ,...,.--."".....,..,,. SHERIFF'S RETURN - REGULAR CASE NOI 1996-04~22 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND LEDGER JOHN M JR ET AL VS. SPICHER MILFORD C JR MICHAEL BARRICK CUMBERLAND County, Pennsylvania, to law, says, the within WRIT OF , Sheriff or Deputy Sheriff of who being duly svorn according SUMMONS was served upon SPICHER MILFORD C JR the defendant, at 14:50 HOURS, on the l2ih day of Auoust 1996 at 613 B ERFORD ROAD CAMP HILL, PA 17011 ,CUMBERLAND County, Pennsylvania, by handing to MILFORD C. SPICHER JR a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: ~ ,.,/,"",,:' ;'/~ _f;;_,?LCr. '"P"";"'~ "'~~' ,~;z:",., "7 H. r omas IUJ.ne, ~erJ.;t;t 16.00 9.30 .00 6.00 $33.30 ,",,". """'C' ""C. ~ 06/20/1996 ~ by ,~ ~ ~ /// ;pu y 3. Sworn and sUbscribe~o be~eme 3/ day of J'jJI~ I A. D. this . JOHN M. LEDGER, JR., and : IN THE COMMON pLEAS COURT OF LISA LEDGER, . CUMBERLAND COUNTY, PENNSYLVANIA . plaintiffs : . . v. : CIVIL ACTION - LAW ~ : NO. 9cP- ,t./S';)J..... C;CJ( '( r;/ZJ', MILFORD C. SPICHER, JR., . . Defendant . JURY TRIAL DEMANDED . PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY.: please issue a Writ of Summons against the above-named Defendant on behalf of plaintiff in a civil action which occurred on August 9, 1996 at or about 12:35 P.M. at or about SR 83, Lemoyne Boro, Cumberland County, pennsylvania and cause the Sheriff to serve the same forthwith. The plaintiffs', John M. Ledger, Jr. and Lisa Ledger, current address is 1050 Country Club Road, Camp Hill, cwnberland County, PA 17011. The Defendant's, Milford C. Spicher, Jr., current address is 613 B Erford Road, Camp Hill, cumberland County, pennsylvania 17011. & PORTKO DATED: ~h/7'q I I By: D' an Bratic ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs '. ,'. - '~ '.,', , " '. '-, , ' >- ~ ::t ~ Q 1; 0 ....J \}. 0-- .." I~"I 0~,_ ~ \}. !?: '" VJ 0- ...Jl ~. '~ 1.1.,,--', "" , (1_', ...) ~..~. 2 0 -" :,;':', .j 1j !!--.- ~ (0 ", tl. " 0 /.;J (.;,( -.!::::., r,.:>', lr> "';j ~ 0j Vi .J e:L .1..1t! I "I.> cJ E1!!; , c.~ ~c~ :c ;ffiij ;l.; :.:, '.'::,1[J... 'tJ9- ~ "'-l: l.J, c,:, ::j CJ 0, (J Commonwealth of Pennsylvania County of Cumberland JOHN M. LEDGER, JR. l\l>[) LISA LEDGER Court or Common Pleas VI. :>0, __~?:-_4.~?~__GtyjJ._T~J]1]__________.__ 19____ MILFORD C. SPICHER, JR. 613 B ERFORD ROAD CAMP HILL, PA 17011 In ___G!yJ..Li\f:.tAgp_.::_L9:r!._______m___m____ To __ MiUm::d_C__.5picl1er._..Ir ._____ m_______ You are hereby notified that .. _ _ _ _ _~~I]~_!i c _ ~-,!g~!'J_ _ ~!'~ J. _ <:!~s1_JA~9__~slSlEl!;: _ _ __ _ _ __ ____ ____ _mom ___ _ _ _ _ _ .__ _ m _ __ n___ the Plaintiff haS commenced an action in ______Civil..Ac1:.iOIL=-_.Law.____________________________ against you .....hich you are required to defend or a default judgment may be entered against you. (SEAL) Date _____Al!911p_t_2.._____________ 19.9.JL Curtis R. Long .-----------------________.R________ Prothonotary ------------- ~~~k--2--7JI~.Q~L.---- Deputy "-..,, . ^,-~, ..~~_., '''-''4~'..;" Jetter.on J. Shipman, Esquire 1.0. .51785 GOLDBERG, KIITZHAII , SIIII'HNI, P.C. 320 Markel Street P. O. Box 1268 II.rr1.burg, PA 17108-1268 1717) 23~-4161 Counsel for Oefendant JOHN M. LEDGER, JR., and LISA LEDGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTON - LAW VS. MILFORD C. SPICHER, Defendant NO. 98-4522 Civil Term JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. . J on J. Shipman A torney I.D. 51785 3 0 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DATE: December 30, 1999 36013.1 "'" ' . ~.. ' . .... '. " , l'" _ \ '_ ,......,. . , . ' Q;J31.l.fIClIn: or SEHvrCr: 1 hereby certify that 1 served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on December 30, 1999: Dusan Bratic, Essquire Bratic & portko 101 South U.S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs SHIPMAN, P.C. 36011.1 J. Shipman orn y I.D. 51785 3 0 Market Street P.O. Box l268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Jefferson J. !.lhipmlJn, t::'!.quir(" I .0, '~178~ GOLDBERG, KATZMAtI , SlIIPMM1, p.e. 320 Mdrket Street P. O. Box 1268 lIarrisburq, pJ\ 17108-1268 (71'1) 234-4161 Counsel for Defendant JOHN M. LEDGER, JR., and LISA LEDGER, Plaintiffs V5. MILFORD C. SPICHER, Defendant TO THE PROTHONOTARY: ,- ,;,....~~--....;:::::..-:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 98-4522 Civil Term JURY TRIAL DEMANDED PRAECIPE Please issue a Rule upon the PlaintiffS to file a Complaint within twenty (20) days after service hereof, or suffer jUdgment of non pros. DATE: December 30, 1999 SHIPMAN, P.C. . e on J. Shipma torney I.D. 51785 20 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant , ..' /' '~::" ': ":"",~'~,~V~~~'~: -~.''::c~,:')~:'' :'~:" ~.,~ f~, ':~}~? "::-~':~~~~~.~~'.:,- ,~r:',~"~:: ):~:, " -'.;~~:: ./::(~-}~~'~~.H~ \~.::.~'i:,; . ~ :' \' ~~~<~:::,;5 ': ~y:. "::~"" :'..,: :i:':1 ':". \3;',".."t'.": :~' ,:;~'.~ r ~ .: ~ "':,.' . _ ' :' _ J ! 'J . '/ \', ." . '. .,' t" . ,. 1', ,; , t, 'j' , ' . ' ',,' ..' ,r 'i '. ' '. , ,"''-' JOliN M. LEDGER, ,JR., and LI5/\ LEDGr:R, IN TilE COURT or COMMON PLEAS OF CUHI3ERI./\ND COllNTY, PENNSYLVANIA Plaintiffs CIVIL ACTON - LAW vs. NO. 98-4522 Civil Term MILFORD C. SPICHER, Defendant JURY TRIAL DEMANDED RULE TO: John M. Ledger, Jr., and Lisa Ledger, Plaintiffs and Dusan Bratic, Esquire Bratic & portko 101 South U.S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs A Rule is hereby issued upon John M. Ledger, Jr., and Lisa Ledger, Plaintiffs, to file a Complaint within twenty (20) days of service hereof, or suffer judgment of non pros. ry DATE: ..JciJ0 u...:a../2-'-1 /...1, ~OOO 36010.1 ~ . . . '. ,.' , .' . j' " ' ~ " ' " . '/ ,,', . ' ' ~':"' I I . ~'_". ~-' o LAW O#'}'ICf:,~ BllATIC & POIlTKO 101 Of'I'ICI: CI:NTEIl, RlIlTEA 101 SOllT/l U.s.ItOUTE IG U1LU<"UHO.I'ENNSYI.VJ\.'1!A 110lg C.nlflfd Illtl.. tfllt ~ 1Of1~"" If '.-ct. JOHN M. LEDGER, JR., and LISA LEDGER, . . IN TIlE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA . . Plaintiffs : . . v. . . CIVIL ACTION - LAW NO. 90-4522 MILFORD C. SPICHER, JR., Defendant . . . . . . JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CarliSle, PA 17013 (717) 249-3166 I J .~ " I q I' 1/', /1' 1"',"- II I , I: j: I' :i AVISO Le hlln dllmllndo 11 uBtod on la corto. Si usted quiere defenderse de eBtlls domllndlls OXPUOBtllB on law pllginas suguientes, usted tiono veinto (20) dias do plazo a1 partir de la fecha de la demanda y la notificacion. Haco fllltll Ilsentar una comparencia eBcrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defonsaB 0 sus objeciones alas demand as en contra de su persona. Sea avisado quo si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo avios 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisionfJs de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes parausted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ',',..t "!." t :'1<:':"~'U":> "":", "r.".. t. -.,.:'::"":'.: '.'.."'t' .,<,'.l".,.,..o;:~' ,~.,,: ,..,l~: ~"".' ~:, JOlIN M. LEDGER, JR., and : IN TIlE COMMON PLEAS COURT OF LISA LEDGER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. . CIVIL ACTION - LAW . . NO. 98-4522 . MILFORD C. SPICHER, JR., . . Defendant . JURY TRIAL DEMANDED . COMPLAINT AND NOW COMES the Plaintiffs John M. Ledger, Jr. and Lisa Ledger, his wife, by and through their counsel, Dusan Bratic, and makes the within Complaint against the Defendant, Milford C. spicher. Jr. as follows: 1. At all times material to this Complaint, John M. Ledger, Jr. and Lisa Ledger are adult individuals and are Husband and Wife, residing at 1050 Country Club Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Milford C, spicher, Jr., is an adult individual residing at 613B Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On August 9, 1996 Defendant Spicher was operating a 1994 Dodge Ram on SR 83 at or near the Third Street overpass and failed to stop his vehicle as he was entering the on ramp to SR 581 and smashed into the rear of a 1989 Lincoln Towncar operated by plaintiff, John M, Ledger, Jr. thereby causing Plaintiff's vehicle to strike a 1993 Plymouth Duster operated by Wayne Dale Underkoffler. The accident occurred at or near the Borough of Lemoyne in Cumberland County, Pennsylvania. 4. At the aforesaid time and place the vehicle operated by Defendant Milford C. Spicher was caused and allowed to go out of control causing the chain of collision described above and causing injuries to Plaintiff, John M, Ledger, Jr, 5. Said collision and all of the herein mentioned injuries sustained by Plaintiff are the direct result of the negligent, careless and reckless manner in which Defendant Milford C. Spicher operated his vehicle as folloWDI (a) (b) (c) (d) (e) (f) (g) In failing to keep proper and adequate control over his vehicle; In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property in violation of 75 Pa. C.S.A. Section 3714; In failing to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa. C.S.A. Section 3361; In failing to apply his brakes in time to avoid striking the vehicle that was operated by Plaintiff which then caused the aforementioned chain collision; In failing to operate hiD vehicle under such control as to be able to stop in the shortest notice possible; In being inattentive and failing to maintain a sharp lookout of the road and the surrounding conditions; In driving his vehicle, behind the vehicle in which Plaintiff was operating, more closely than is reasonable and prudent, having disregard for the vehicles and traffic upon and the condition of the highway in violation of 75 Pa. C.S.A. Section 3310(a) ; (h) Failing to operate his vehicle in accordance with existing traffic conditions; and Operating his vehicle in a careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 6. Solely as a result of the Defendant's negligence Plaintiff John M. Ledger, Jr, suffered serious permanent injuries including but not limited to injuries and aggravation of injuries to the bones, muscles, ligaments, tendons, soft tissue and abrasions and contusions which include: (i) (al Post-traumatic fibromya1gia of the neck and shoulders; (bl Chronic headaches; (c) Cervical and thoracic level strains; JOlIN M. LEDGER, JR., and I IN TilE COMMON PLEAS COURT OF LISA LEDGER, I CUMBERLAND COUNTY, PENNSYLVANIA plaintiffs I I v. : CIVIL ACTION - L1\W . NO. 98-4522 . MILFORD C. SPICIlER, JR., . . Defendant I JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Complaint in the above-captioned matter was furnished by regular U.S. Mail, postage prepaid on the ,lit"- day of _ j(ln"()~d ' 2000 to: Jefferson J. 320 Market Strawberry P.O. Box Harrisburg Shipman Street Square 1268 PA 17108 Date: r/J5!OO ,D wn L. Parker, Paralegal Ii) 1 South U.S. Route 15 {; illsburg PA 17019 . -' '.... o LAW OFFICES DRATle & PORTKO 101 OFFICE CENTER, SUITE A 101 SOUTH U.S. ROUTE 15 D1LLSBURG, PENNSYLVANIA 17019 Cef"Urwd 10 bt . "\Ie OM COtllct .iOJlr 01 '.eatd. ".~n"/~~'t.:r...!.ti1:1~"'I""!l\.~~ljil._"_ JOHN M. LEDGER, JR., and LISA LEDGER, : IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA : Plaintiffs : : v. CIVIL ACTION - LAW NO. 98-4522 : : MILFORD C. SPICHER, JR., Defendant : . . JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 :'., ",:~" :':,",. " ".'/ :'-','.'.,',"",; "-,' ,.;,~.-',..',-,..-; '-, ' _~"...,. i..:_~.:':':":'" AVISO Le han damando a usted en 1a corte. Si usted quiere defenderse de estas demandas expuestas en law paginas suguientes, usted tiene veinte (20) dias de p1azo al partir de la fecha de la demanda y la notificacion. Hace fa1ta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demand a en contra suya sin previa avios 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes parausted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 . :, " :"-, ' . '.:;,:~ /: ,'~: ,'7",.,.. :-': '::Po" ;....: \'~'." ',-: ':: ' .~~_';"'.'..lJ~:"..'l: ~:.. -,,',' . ,~. " c. ,- JOHN M. LEDGER, JR., and : IN THE COMMON PLKJ\S COUlI'l' 01' LISA LEDGER, : CUMBERLAND COUNTY, PKNNSYLVANIA Plaintiffs : : v. : CIVIL ACTION - LAW : NO. 98-4522 MILFORD C. SPICHER, JR., : Defendant : JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW COMES the Plaintiffs John M. Ledger, Jr. and Lisa Lodgor, his wife, by and through their counsel, Dusan Bratic, and makos tho within Complaint against the Defendant, Milford C. Spichor. .Jr. as follows: 1. At all times material to this Complaint, John M. Ledger, Jr. and Lisa Ledger are adult individuals and are Husband and Wife, residing at 1050 Country Club Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Milford C. Spicher, Jr., is an adult individual residing at 613B Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On August 9, 1996 Defendant Spicher was operating a 1994 Dodge Ram on SR 83 at or near the Third Street overpass and failed to stop his vehicle as he was entering the on ramp to SR 581 and smashed into the rear of a 1989 Lincoln Towncar operated by Plaintiff, John M. Ledger, Jr. thereby causing Plaintiff's vehicle to strike a 1993 Plymouth Duster operated by Wayne Dale . Un(ierkoffler. The accident occurred at or near the Borough of Lemoyne in Cumberland County, Pennsylvania. 4. At the aforesaid time and place the vehicle operated by Defendant Milford C. Spicher was caused and allowed to go out of control 'causing the chain of collision described above and causing injuries to Plaintiff, John M, Ledger, Jr, 5. Said collision and all of the herein mentioned injuries sustained by Plaintiff are the direct result of the negligent, careless and reckless manner in which Defendant Milford C. Spicher '. ..'. ~,.. ::':. . :: " -, . '...., j .,'. '.' t: . :~',',.:" . ' l '.,:'..' '. '/ : . _: ~:~. 'r.', .:~ '~>.' <. :.'-/,.:";' ~.:' ~~;;::" ~.~.~,,::,; .>, ; ! ;,'. : ':.. . <~:. :. I', : ,~.."......,-Cl"" f:':-'::;~."'.:';~J.::.r:.~t, operated his vehicle as follows: (/.\) (b) (c) (d) (e) (f) (g) (h) (i) In failing to keep proper and adequate control over his vehicle; In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property in violation of 75 Pa. C.S.A. Section 3714; In failing to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa. C,S.A. Section 3361; In failing to apply his brakes in time to avoid striking the vehicle that was operated by Plaintiff which then caused the aforementioned chain collision; In failing to operate his vehicle under such control as to be able to stop in the shortest notice possible; In being inattentive and failing to maintain a sharp lookout of the road and the surrounding conditions; In driving his vehicle, behind the vehicle in which Plaintiff was operating, more closely than is reasonable and prudent, having disregard for the vehicles and traffic upon and the condition of the highway in violation of 75 Pa. C.S.A. Section 331O(a) ; Failing to operate his vehicle in accordance with existing traffic conditions; and Operating his vehicle in a careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of pennsylvania. JOHN M. LEDGER. JR. V. MILFORD C. SPICHER. JR. COUNT I 6. Paragraphs 1 through 5 are realleged and incorporated herein by reference and made a part hereof. 7, Solely as a result of the Defendant's negligence Plaintiff John M, Ledger, Jr, suffered serious permanent injuries including but not limited to injuries and aggravation of injuries to the bones, muscles, ligaments, tendons, soft tissue and .'.". ",':..~"~' ,',0:'" ,_,<',: ,"'.:. "'.<t',,' ...~',;' .,<,'"~. .:" '., :,"'_.;"........t:.:':~ .~~+." ~ :..:'~_/ ~ 0" . ,"';"~ ....~ .;''''''''''''''''',,.:'.\'{..:.'~ (,;,.,' abrasions and contusions which includol (a) Post-traumatic shoulders; fibromya1gia of the neck and (b) Chronic headaches; (c) Cervical and thoracic level strains; (d) Severe neck, Right shoulder and back injuries; and (e) TMJ. 8. By reason of the aforesaid injuries sustained by Plaintiff John M. Ledger, Jr., he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restor.e himself to health, and claim is made therefor. 9. Because of the nature of his injuries, Plaintiff John M. Ledger, Jr. has been advised and, therefor, avers that he may be forced to incur medical expenses in the future, and claim is made therefor. 10. As a result of the aforementioned injuries, Plaintiff John M. Ledger, Jr. has undergone and in the future will continue to undergo physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff John M. Ledger, Jr. has undergone and in the future will undergo loss of life's pleasures and enjoyment, and claim is made therefor. 12. Plaintiff John M. Ledger, Jr. has and continues to suffer persistent pain and limitation and, therefor, avers that his injuries are of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. WHEREFORE, Plaintiff John M. Ledger, Jr. respectfully requests that this Honorable Court enter judgment in an amount in excess of Thirty-five Thousand ($35,000.00) Dollars and in excess of the amount requiring compulsory arbitration against Defendant. COUNT II LISA LEDGER V. MILFORD C. SPICHER. JR. 13. Paragraphs 1 through 12 are realleged and incorporated ';..-."",,--..'I'C"" '" .:1'.':'.":"" .I~""':'~:":'~' .,...~ ,:' '.' ';',."""_' ...:.....,' l~.......:~...:"... " .H',~ .'....~. herein by referonco and made a part horoof. 14. As a result of tho injurioa John M. r,odgor, Jr. sustained, P1aintHf Lisa Ledgor has boon and will bo doprivod of the assistance, companionship, consortium and society of hor husband, all of which havo beon and will bo to her groat damage and loss. WHEREFORE, Plaintiff Lisa Ledger demands judgmont against the Defendant Milford C. Spicher, Jr. in an amount in excess of Thirty- five Thousand ($35,000.00) Dollars and in excess of the amount requiring compulsory arbitration against Defe dant. Date: d - f ZOtJrJ Dusan Bratic I. D. No. 19249 101 South U.S. Route 15 Dillsburg PA 17019 (717) 432-9706 Attorney for Plaintiff . '~lt .' "'; ,.', , ~\,' t :.', ,; . .. :" ~':'" <' " :". ~~': ~',:' '~'" '.' ",,':.'.~' . '",,,,,,,,:- I:; ~:'~.~:.:~~.,", .', ,,~./...,I:, " :". \:' . -: "~;".'k"" " ,...,..- I~.._.._,-.:.::..-~::::"::_;_lt'.--^. YfJ!ln<;1\v.o11 I, .1rh, t,' l{("'{'1~ ,},o, f. Lie;'l t 1((1"'" herehy acknowledgo that 1 nm the P1.tint-iff..' of th~'" (',....l~n,..~,....; fV_Y nr+ i ("'\n that I have read the foregoing ('rlTlp1nint and that the facts stated therein are true and correct to the best of ~y knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 16 Pa.C.S. Section 4904, relating to unsworn falsification to authorities, Dated: ?/4/nn # ~ By:i- )~~ ":?~ '!/~~~ ,'",' ,',\,', ,,:,,;,,",:' ,,' '" _' ~ .,,' ,~,:,'~, ':l'~":~\' , ~ ::~t.l \":"'", .:t>1<', "':.... ~'.~" : 'l':" JOHN M. LEDGER, JR., and LISA LEDGER, 1 IN TIlE COMMON PLEAS COURT 01' CUMBERLAND COUNTY, PENNSYLVANIA : Pll11ntiffo : . . v. . . CIVIL ACTION - LAW NO. 98-4522 . . MILFORD C. SPICHER, JR., Defendant : JURY TRIAL DEMANDED CERTIFICATE 01' SERVICE I HEREBY CERTIFY that a true and correct copy of the Complaint in the above-captioned matter was fu~ished by U.S. Mail, postage prepaid on the .i!!.!- day Of/-.P;",tI(j' to: Amended regular , 2000 Jefferson J. 320 Market Strawberry P,O. Box Harrisburg Shipman Street Square 1268 PA 17108 Date: zN/oo Dus 101 South Dillsburg Route 15 17019 '.,~:" .:: " ,": ,". I.t ';.:~.' :, +', '~,,'\' ~~ -:~.;._',~~ """'.,.~~,.-:': ,/,,:.,\. .~"','It"~ . '..~, ,~'\ .', ,',_ ':""~'T"_'.',r:.,:~,."., , . . .-.,', ...~'" ._;..1:.",- '~tP_'t.~... ,.",." ,:' , Jettcr:son J. llh1pman, Bsquire I.D. t~178~ COLDBERC, KJlTZMI\II , SIIIPMIIN, P,C, 320 Market Street P. 0, Box 1268 lIorrbburq, pJ\ 17108-1268 (717) 234-4161 Counsel tor Detendant JOHN M, I,EDGER, JR., and LISA LEDGER, Plaintiffs IN THE COURT or' COt1MON PLEAS OF CUt1BERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW vs. MILFORD C. SPICHER, Jr., Defendant NO, 98-4522 Civil Term JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, Milford C. Spicher, Jr., by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Denied. After reasonable investigation the Defendant is without is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 1 and the same are, therefore, denied. 2. Admitted, except for the address. 3, Admitted in purt, denied in part. 1 t i:; admitted only that on August 9, 1996 the Defendant was operating a 1994 Dodge Ram on S.R. 83 and that there was a contact between his vehicle and the Plaintiffs' vehicle. The remaining averments of Paragraph No. 3 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 4, Denied, The averments contained in Paragraph 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 5. Denied, The averments contained in Paragraph 5, SUbparagraphs (a) through (I) are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are specifically denied. (a), It is specifically denied that the Defendant failed to keep proper and adequate control over his vehicle; (b). It is specifically denied that the Defendant drove his vehicle in a reckless manner and with careless disregard to the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner 2 , " '.. . " ' .,,' ," .' ..: ',' ,I' '::, ,;"'~' 'f~"; ~ '. ~:.',~,__ _~.."'<..; '. I.., ' . .~-"-'-""" .-, -..... endangering parsono and property in violation of 75 Pa. C.S,A. 53714. lcl, It is specifically denied that the Defendant failed to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa. C,S.A. 53361; (d), It is specifically denied that the Defendant failed to apply his brakes in time to avoid striking the vehicle that was operated by the Plaintiff, which then allegedly caused the aforementioned chain collision; (e). It is specifically denied that the Defendant failed to operate his vehicle under such control so as to be able to stop in the shortest notice possible; If). It is specifically denied that the Defendant was being inattentive and failed to maintain a sharp lookout of the road and the surrounding conditions; (g), It is specifically denied that the Defendant drove his vehicle behind the vehicle which Plaintiff was operating more closely than was reasonable and prudent and had disregard for the vehicles and traffic upon and the condition of the highway in violation of 75 P.S, ~3310(a); 3 (h), It is specifically denied that tho:) Defendant failed to operate hiD vehicle in accordance with existing traffic conditions; and (I). It is specifically denied that the answering Defendant operated his vehicle in a careless, reckless and negligent manner and in a manner violaUng the Hotor Vehicle Code of the Commonwealth of Pennsylvania. COUNT I JOHN M. LEDGER, JR. vs. MILFORD C. SPICHER, JR. 6. Defendant, Milford C, Spicher, Jr., incorporates herein by reference his answers to Paragraphs 1 through 5 above as though fully set forth herein at length. 7. Denied. The averments contained in Paragraph 7, subparagraphs (a) through (e), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further answer, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 6, subparagraphs (a) through (e), alleging Plaintiff's injuries, and the same are therefore denied and strict proof demanded at the time of trial. 4 8. Denied, After reasonable investigation the Defendant is without is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 8 relating to Plaintiff's alleged medical treatment and expenses and the same are therefore denied and strict proof demanded at the time of trial. 9. Denied. After reasonable investigation the Defendant is without is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 9 relating to Plaintiff's alleged medical treatment and expenses and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. After reasonable investigation the Defendant is without is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation the Defendant is without is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 11 and the same are therefore denied and strict proof demanded at the time of trial. 5 12, Denied. After reasonable investigation the Defendant is without is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 12 and the same are therefore denied and strict proof demanded at the time of trial, WHEREFORE, the Defendant, Milford C. Spicher, Jr., respectfully requests that jUdgment be entered in his favor and that Count I of Plaintiffs' Complaint be dismissed with prejudice, COUNT II LISA LEDGER vs. MILFORD C. SPICHER, JR. 13. Defendant, Milford C. Spicher, Jr., incorporates herein by reference his answers to Paragraphs 1 through 12 above as though fully set forth herein at length. ~4. Denied. After reasonable investigation the Defendant is without is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 14 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Milford C. Spicher, Jr., respectfully requests that jUdgment be entered in his favor and 6 . "f' ~ :. 'r." _ I',.' . r\ ",1.. f . . . "'"", '.' . ",'. . , . _ . j' r " that Count II of Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and response, the Dcfendant interposes the following new matters: 15. That the Plaintiffs' Claims arc barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S,A, ~7102, et ~., and by the Doctrine of Comparative Negligence. 16. That the Plaintiff, John Ledger, Jr., failed to exercise reasonable care for his own safety under the circumstances then and there existing. 17. That the Plaintiff, John Ledger, Jr" was negligent and failed to exercise reasonable care for his own safety, which comparative negligence included, without limitation, the following: (a) Failing to maintain control over his vehicle; (b) Failing to drive his vehicle at a safe speed; (c) Operating his vehicle without due regard for the rights, safety and position of other vehicles on the roadway; 7 , ' ':,'" , \ '.' ',' " '. ' " ~. ' .', , '" , . '; It ,. ,~' ~ " '.' "," ',. ," " ~., Cd) Failing to maintain a proper look-out for vehicles in front of him; (e) Being inattentive to the conditions then and there existing; and (f) Following another vehicle too closely. 18. That the Plaintiff's failure to exercise reasonable care for his own safety was a substantial factor in the happening of the accident. 19. That the Plaintiffs' injuries and damages, if any, were not caused by any act, omission or breach of duty of answering Defendant, 20, That any damages the Plaintiffs may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seer. 21. That the Plaintiffs' claims may be limited or barred by the "limited tort" option pursuant to 75 Pa. C.S.A, ~1705, et seer. 22. That the accident and any injuries sustained by Plaintiffs may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 8 '!'" i VERIFICATION I, Milford C, Spicher, Jr." have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief, This Verification and statement is made subject to the penalties of 18 Pa,C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C,S, ~4904. ( /'/ l tr'~ ~l/l#;;-7 Milford C, Spicher Jr. DATE: ?/r (&-0 36892.1 ~-- . . . ,\'. \ t.. ' :' ',. . '. .' "'. .'. .' 'h!, '..' .' . , . t', '. ......... ..... ',,) ";lr,;;;::,... , ,'t' ". ~ ..~ :'.'. .,,;,',:~, "r\~*1<; :,"'H.',~'~~::":':, :',^,~:<\.: (,.,:!"",~:':>:',:,(i~': ~~t';~~<) .:, ":'" >~""'..L.'"., . ~."",., ......,-- -,- Defendant has attempted to dllliCubly r"solve the dl:;cov..,ry Hldtter and has written to PlaiIltiLfs' counsel requesting answers to tt\O discovery, B. OUESTION PRESENTED WHETHER THIS HONORI\BLE COURT SHOULD ISSUE AN ORDER COMPELLING ,'\NS~IERS TO DISCOVERY? (Suggested answer in the affirmative.) C. DISCUSSION Pennsylvania Rule of Civil Procedure No. 4019 provides as follows: The court may, on motion, make an appropriate order if: (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005. ...' * * (vii) a party in response to a request for production of documents or inspection made under Rule 4009 fails to respond; (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. In the case at bar, the Defendant has submitted discovery in accordance with the rules of court and has attempted to amicably resolve this discovery matter to no avail. 2 < ",,_,,:_I"";.~ )~::o='::>.;:::';;--. ,'," .', Ii"" '.. _e.'.'.....!. "r/' >,..~:\,'. :.:','.:'.., ,1'\" "~ '_ "r~~~'.;":_ ':. ',I.,,:",. .'",.:"", ',', 0, CONCLUSION For the foregoing reasons, the Defendant, Milford C. Spicher, Jr:., respi!ctfully reguests that this lIonorable Court issue an Order compelling answers to the discovery. Respectfully submitted, SHIPr1AN, P.C. f on J, Shipman, A torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: 59666.1 3\2161 Attorneys for Defendant 3 ,..~ , ~ ., ,',''t':' ,"'.'~','./' ," ,'1;." ",;' "L,', I ',,: ~'~__':''',~_~_ ..:-:J,~" ":,~... '1, " D. CONCLUSION ror the foregoing reasons, the Defendant, Milford C. Spicher, Jr" respectfully requests that this Honorable Court issue an Order compelling answers to the discovery, Respectfully submitted, SHIPMAN, P.C. J -f on J. Shipman, A torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: 3 12161 59666,1 Attorneys for Defendant 3 ; ,',._...:..:.' ~. ,,' _,~, :' ":', ".. ," ....' I,;" "'. ,.'. .~,..,'.~. )", '~.:,~, ",'j "i. .,: '::.r..!J "',' CEI<T r nCATE OF SEHVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United State~ r~ll postage prepaid, at Harrisburg, Pennsylvania, on _"!>-I~OI Dusan Bratic, Esquire Bratic & portko 101 South U.S. Route 15 Di11sburg, PA 17019 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P,C. . 59666.1 fe son J, Shipman, squire A torney I,D. 51785 320 Market Street P,O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant ...., _m.':.;:.7~,,- I ':".' I',""'" ,.,,',' _"'.. ,'...~' '"~; ",'.' <" .:i.~,~.;I:'.;..;"-~..._,:":':"-".".':',I,', '-,,' \F\P 11 r, ?flill f/' Jefferson J. Bhipn:an, ~::J(tuiu~ J.D. 15178~ GOLDBERG, KJ\TZI~^N & SII lI'I.I^II, 1'. C. 320 Market Street P. O. Box 1268 Harrisburg, 1'1\ 1710U-I7.[,U (717) 23~-4161 (;t,)unscl for Defendant JOHN M. LEDGER, JR., and LISA LEDGER, IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. NO, 98-4522 Civil Term MILFORD C. SPICHER, Jr., Defendant JURY TRIAL DEMANDED DEFENDANT'S BRIEF IN SUPPORT OF MOTION TO COMPEL A. FACTUAL AND PROCEDURAL BACKGROUND This case arises out of an automobile accident which occurred on August 9, 1996, on Interstate 83 in Lernoyne, Cumberland County, . Pennsylvania. The Plaintiff, John M. Ledger, Jr., alleges that he was struck from behind by a vehicle being operated by the Defendant, Milford C. Spicher, Jr. Procedurally, the case was initiated by Writ of Summons filed on August 3, 1998. A Complaint was filed on February 4, 2000. An Answer and New Matter was filed on february 17, 2000. On June 5, 2000, discovery by way of Interrogatories and a Request for Production of Documents were sent to Plaintiffs' counsel. To date, the Plaintiffs have failed to respond to the discovery. The \ -,r: .f:'" :~,~,~..:::x:t.";i;: . ,,",',", ","."""'~ ,'. .,,,,':',:.1 .. . .1.:."....',....':'.,"- :'~.~:,<' :'t,..,II.~_,.:'~:,v,...;~,....:~:., ':~,'l,..!~.c. "" "',' CERTIFICATE OF ~ERV1CE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States l,.~ll postage prepaid, at Harrisburg, Pennsylvania, on _~ ~Ol Dusan Bratic, Esquire Bratic & Portko 101 South U.S, Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P,C. 59666,1 fe son J. Shipman, A torney 1.0. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant ".' .': "', ',~' . "_,,: 'o' ',',' t:' .~: ,"',q'. 'l.~ ~"' " ," '.'''::~A~'''~''~~':~~_j_1'f''''' .~,~ ',:"1 " " -'-"-".'-~-""'" .d..,......"'.__. 0, CONCLt!SION For the foregoing reasons, Lhe Defendant, t1ilford C. Spicher, Jr" respectfully requests that this Honorable Court issue an Order compelling answers to the discovery. Respectfully submitted, P,C, . f on J. Shipman, Esquire A torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: 59666.1 3\2161 Attorneys for Defendant 3 .: ;. ,'. -.,,;" :'. ,',' \,", ' ~ ,:,~.,r '. '\~.. :. .'. ",' " ';, ' , .t:.~I~_ '" :::.....::', ~. ',-': ':' ~ ' CEl<'I' I nCATE OF "r~HVTCr': I hereby certify that I served a copy of the foregoing document upon the pcrson(s) indicated below by depositing il copy of the same in the United State~ r~l, postage prepaid, at Harrisburg, Pennsylvania, on ~-I~OI Dusan Bratic, Esquire Bratic & Portko 101 South U,S, Route 15 Dillsburg, PA 1701~ Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. fe son J, Shipman, A torney I.D. 51785 320 Market Street P.O.' Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 59666.1 ~ ~. . ,,' ,'. .' :';"". '.'~': '.. _ ' . '_ 1~ ,~~ ..~_~_ "~....' .\-,,_:~ 'I. . " .> ". JOliN M. LEDGER. JR.. lInd LISA LEDGER. Plainlifls IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, MILFORD C, SPICHER, JR,. Defendanl NO. 98-4522 CIVIL TERM ORDER OF COURT AND NOW. this 7'h day of March, 20(H. upon consideration of Defendant's Motion To Compel. a Rule is hereby issued upon Plainlirts to sholl' cause why the relief requesled should nol be granted. RULE RETURNABLE within 20 days of service. BY THE COURT. Dusan Bratie, Esq. 101 South U.S, Route 15 Dillsburg, I' A 17019 Allorney for I'lainliffs J .,~ \ (\ ~ ,01,0 L; 63,,\~ ~\~ Jefferson J, Shipman, Esq. 320 Market Street 1',0. Box 1268 Harrisburg, I' A 17108-1268 Allorney for Defendant ViI, !\ljiVS:'!i'Jd _1'\ '\',',.. r-'.r;(',r/l!i'v 11~lnr{) I.: ':",,' .,.\.-,..." \ f\~" ,'-', :re \",:,,1'1 'lJ.e~J~ L-u"l\l.. t) .... .,~ , , \ .. ""'"..' .',,', -::,..,'~~ .:.f) "tlLeli,"-......; :l~;!.~:\C)-,j.~:: I':, " ", . "" "",,' . ", ,~ ';'" t t' ~ . _ . ' ~, . _' _'- " , JOHN 14, LEDGER, JR" and LISlI LEDGER, IN TilE COURT Of CO:-::'lOII PLElIS Of CUr-lBERI.I\NQ COUNTY, PElltJSYLVI\NIA Plaintiffs CIVIL ACTON - LI\W vs, t1ILFORD C. SPICIIER, Jr., Defendant NO, 98-4522 Civil Term JURY TRIAL DEHI\NDED ORDER AND NOW, this ____ day of , 2001, upon consideration of Defendant's Motion to Compel, it is hereby ordered that Defendant's Motion is hereby GRANTED, Plaintiff is hereby directed to answer discovery and produce documents within ten (10) days of this Order, Failure to r.omply with this Order will result in sanctions pursuant to Pa, R.C,P. 4019. BY THE COURT: 59669.1 J. " .. ...._, " ,", ' .. .' "J ' " I ',' . ,. , , ~ ':~ .. : , " ,"', " ,'" ' ~' , counsel, DU9un Uratic, EEyuire, on June ~, 2000, (~;f.'(~ Ii t ti1ctH~'d cover shoet l:lnd Certif.icdl(~!; of J'-'1'/ice3 as E;.:hibit H/\.U) S. To ddt(~1 Ul(! Plillnti[f~'.j have not ans"'J(~r{}d thu discovery. 6, On January 9, 2001, defense counsel wrote to Plaintiffs' counsel requesting medical records and tax returns, 7. To date, the Plaintiffs have not answered these legitimate discovery requests, 8, Pennsylvania Rule of Civil Procedure 4019 provides that the Court may, on Motion, make an appropriate Order if a party fails to serve answers to discovery. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order compelling answers to the discovery. Respectfully submitted, SHIPMAN, P.C. 59661.1 J son J. Shipma ~ ttorney I,D. 51785 20 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Oefendant 2 " ',' .' " I: 'I ~, . ,$..' ,':".', '/ " " ",', "..' '>. ...' . ,,: : :. ',' ",' " ", "...'" U:, ~.' ,'. . r~R7IF!CAT~ or ~ERVTC~ I hereby clJrtlty thdt 1 ~.lcrved a copy ot the toreqoing document upon the porson(9) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on _~_I_~~JL Dusan Bratic, Esquire Bratic & Portko 101 South U,S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C, er on J. Shipman, orney I.D. 51785 32 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 59661.1 " ~ ~".' ',',' , .- ' ..' ",',... .,'\ :. t " '. .' c~" '. .' .. ~ - u~ :c u.. C:I~ M <'5~ lli~ "'" :::;> CI U rtl '" o ;;: .. o ~ :J .. 0< 0., t:c:E-<. "'~.::;<.. ... . -~- ': .w:::>..z toloC ',en;:l <' O.,:o;S . 1'\:."''''><>: tmIIIt E-o c6~:: ...'>J~;j z ''''''3 u:t W, O "'.. 0... 0::> . "'""--o'~ ~E-<:f:::.rtl::> o,C:=. ~,_cn ~:::;j . ... Q <Xl <Xl 0'" t-LO" .... li.Ic:a ,,~'~.-:.-,,^ ..'~,~': !: !::' liP/? 05 200i (11 Jet fcr:sol1 J. Shlpm<ln, r:SqUl n' 1.0, 15178~ G01,DB,:RG, KATZMAlI & SII1PloWI, I',C, 320 Market Street p, 0, !lOX 1268 Harrisburg, PA 1 '1l0e--12Ml ('117) 234-4161 coun9cl for Defendant JOHN M. LEDGER, JR" and LISA LE:DGER, IN TilE COURT OF COMMON PLEI\S OF CUl1BERLI\ND COUNTY, PENNSYLVAN 11\ plainti Hs CIVIL ACTON - LI\W vs, NO. 98-4522 Civil Term MILFORD C, SPICHER, Jr" Defendant JURY TRIAL DEHANDED ORDER AND NOW, this ,',IL -.Ll' ( ~ day of . r r, , 2001, upon consideration of Defendant's Motion to Make Rule Absolute, it is hereby ordered that Defendant's Motion is hereby GRANTED and Plaintiffs are hereby ordered discovery tv ~ ti 17. 3, C\ d 7,5 to respond to the legitimate <<:'i Illt: j.~IL. ;:t HI, ~ .vdeJ t '- J. ;;~ 61175.1 ,\J I. I U \; 0' "* .' ~'. \ ,,) \.: , . '. . "..... " , . " '. . ~.' '. . (", , '0. "i 'I ' ' Jetteroon J, Shipman, Esquire 1. 0, 15178~ GOLDBERG, KATZMI\II & SIIIPMI\II, P ,C. 320 Market Street P. O. Box 1268 IIdrr.lsburg, pJ\ 17108-1268 (717) 234-4161 Coungel for Defendant JOHN M. LEDGER, JR., and LISA LEDGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTON - LAW vs. MILFORD C, SPICHER, Jr., Defendant NO. 98-4522 Civil Term JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOI.UTE AND NOW, comes the Defendant, Milford C. Spicher, Jr., by and through his attorneys, Goldberg, Katzman & Shipman, P.C., and files the following Motion to Make Rule Absolute: 1. This case arises out of an automobile accident which occurred on August 9, 1996, on Interstate 83 in Lemoyne, Cumberland County, Pennsylvania. 2. The case vias initiated by Writ of Summons filed August 3, 1998. 3. A Complaint was filed by Plaintiffs on February 4, 2000 and a timely Answer and New Matter was filed by the Defendant. 4. Discovery by way of Interrogatories and a Request for Production of Documents were sent to Plaintiffs' counsel, Dusan Bratic, Esquire, on June 5, 2000. l( i: . ( f'.,: ,,' . . '~~ 1 . "~"'-"'~.~'~'l ".~~:>.:~r.'n....... \"_0":"" ' " ',,,~", ...t, 1,..,....;...,;r."i('>'f'"t~'7j1",.o:.'rll~';.j~,',~ g ..1'1':.i(:);"'~l;I;"{.::.'~"?-~t..~';tt;"~';*,;f;'l';'':'I''''I~r,::~.J.~,,,",}.h',t~;~w,',~~. ~i'f-l.")'1r"'i'i,, .~>~~t ~~"r,; ~~~l'l<:."''';,',:"::~ ':,.:. "":1.<'.. ~; '\ '? ;. I. ,'," .'_.. , ' \~' , r '1'. ___'~' , ' ,,:' ':".",Lj,~ ..".:.:.~ ': :,',"'"";:" ,,',' .'~' ,',' ~,';" ,", I. 0', .;, '. ':;'" "" ,," " "," " 'Ill '" .." ,". " ~-., ~.... "',' , . : "-, ':.' .',., , ~,' ,", "". .\'. . ..,0,',' ,"" ,.,' ,~,:"., ," 0.' ".'~~'.' :'".. ,.,:, ' 5. To dote, the Plaintiffs have not answered the discovery in spite of letters from defense counsel. 6, That on or about Harch 2, 2001, the Defendant filed a Motion to Compel and Brief in Support, 7, That on March 7, 2001, This Honorable Court, Judge J, Wesley Oler, Jr" issued an Order of Court that upon consideration of Defendant's Motion to Compel a Rule is hereby issued upon Plaintiffs to Show Why the Relief should not be granted. The Rule was returnable within twenty (20) days of service. 8, That to date the Plaintiffs have not responded to the Order of Court and Rule. THEREFORE, the Defendant requests This Honorable Court issue an Order granting the Motion to Compel and Ordering Plaintiffs to respond to the legitimate discovery. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 'v "",/J (.2'~(,t.(cu- Je f rson J, Shipma , Esquire torney I.D, 51785 3 0 Market street P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 61175,) 2 ~:"'. ::",' ':.':' ~.,.,",:.,!.,')' ,.' ." ,: ....... . ',:.,'~~~'! ",- "I"'" ,~,~'<. \.~;:'/l~'~'" ~"',.,': ri', ,,:', .~.1,::..:",'7',"~ ,:.~ " ..,,~ .~-.... ,",,,< .~ J I ) ~. CY.RTlfICATY. PRI(RI(QUISITI( TO SY.RVICI( 01' A SUUI'OI(I/A PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN M, LEDGER, JR, AND LISA LEDGER TERM, -VS- CASE NO: 98-4522 MILFORD C, SPICHER, JR, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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. DATE: 04/10/2001 &.522'_ ~eha(ff ol/ _ . ~FER~~RE Attorney for DEFENDANT DEll-245271 SSOS9-LOl ."_ ' "."~.',, ,.,,',';,: '..t.', ;: . ~', .,t.,' ,_ t ,~.... '>, , .", ,'. ""'~'~-;:'-.r~ COMMO NW1!-:AL'l' I-I OP' PJ;:NNSYI~VANT.^ COUNTY 01.'- CUMBERLAND IN THE HATTER OF, COURT OF COHHON PLEAS ::,:J, ',:'.;: ' ' ~>,; :":" '~~':'(',~~:'~::'::~'" ,::~;:y,;;::?..,~(': :;:::J:';/..~I,:':,~ ~~:~;~<~~ :'~::":~'>",:~':'~'.' \~:".';1:';:~ ".<. :::~t~~ '.: ',;~ \' ~',~< I;:,:,: :,~:.. :"'>~'" I"~ ~...; ~~?, :,':~~""" ~:':~: \ ~:;'.: ,: ':' JOHN H. LEDGER, JR, AND LISA LEDGER TERM, -VS- CASE NO. 98-4522 MILFORD C. SPICHER, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note, see enclosed list of locations ] TO, DUSAN BRATIC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have tventy (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the tventy day notice period is vaived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office, DATE: 03/20/2001 HCS on behalf of JEFFERSON J. SHIPMAN , ESQUIRE Attorney for DEFENDANT CC. JEFFERSON J. SHIPMAN, ESQUIRE - LEDGER Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET IBOO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-14B126 SSOS9-C01 . "-. CO~f~IO",VEAI.TH OF PE:-JNSYL V ASIA COUNTY OF CU~IBERJ..\XD- JOliN M,LEDGER,JR & LISA LEDGER VS 98-4522 File :-;0, MILFORD C. SPICHER,JR SUBPOENA TO PRODUCE DOCUME.'\IS OR THINGS FOR DISCOVERY PURSUk'\l TO RULE 4009 ~~ TO: CUSTODIJ\N OF RECORDS FOR: HOLY SPIRIT HOSPITAL (SoIme o( Penon or E.:\ti~" """'j:hin ~'eo::::-'I::O) days .uteor seor\'ice of this subpoena, you are ordere-d b~' the court to produce the following documents or :hings: C:l:'l:' A'l'TArJ.lJ;"n aI MCS GROUP INC" 1601 MARKET ST" 1/800, PHlLA. ,PA 19103 (Address, You m.llY dein'~ or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of co::npliJnce, to the pany making this request at the ild~ listed .above, You h,ne the right to seek. in ad\'ance. the ~2.Sonable cost of preparing the copies or producing the things sought. If you f~J te ~oduce the documents or things r~quired by this subpoeru.. ...dt:-Jn twenty (~O) cays aiter its service. the part)" ser'\'ing ::Us s:.:opoena may seek a court order compeIIing you to compJ)o. \\o;th j~ THIS SLllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO\-\'ll':G PERSON: :\AME: JEFFERSON J, SHIPMAN, ESQ, ADDRESS: PO BX 1268 HARRISBURG. FA 17108 TElEPHO:\E: 215-246-0900 SUPRE:>IE COURT 10 #: ATTOR."EI' FOR: TYJ~"J;'T:\TTHNT 04/10/2001 DATE: fl2:::J it c/' Is-,;) rY, I '-- Prolhonotary/O Civil Division 0r:h-O P ~f)/J-r~J---- . ~?ury SeJI of the Court (Eff.i /97) . . .,' " " . ., " ~. . ,'" .'. . I ' . . ! :: .: :.. '" . , .', t .'.' :,,'; 'I, . ,,' , , ,..... EXPlANATION OF IU~QlJmEU RECORUS TO: CUSTODIAN OF RECORDS FOR: IIOLY SPIRIT IIOSprrAL 503 N, 21ST ST. CAM!' lilLI., PA 17011 RE: 55059 JOHN M, LEDGER. JR. ANY AND ALL RECORDS i\ny and all records. correspondence. files and memorandums, handwritten notes. relating to any exammation. consultation care or treatment. Dates Requested: up to and including the present. Subject: JOHN M. LEDGER, JR. 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security #: 048-42-8870 Date of Birth: 04-16-1936 5U10-295878 55059-LOl ,'"'' .,'" ':.', , .", ",~'t.' ':',;' ~'~ ,"'.",:,' ~ 1. ".. :~, , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COHHON PLEAS JOHN H. LEDGER, JR. AND LISA LEDGER TERH, -VS- CASE NO: 98-4522 HlLFORD C. SPICHER, JR, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO. DUSAN BRATIC, ESQUIRE HCS on bebalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and retu,~ing same to HCS or by contacting our local HCS office. DATE: 03/20/2001 HCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC. JEFFERSON J. SHIPMAN, ESQUIRE - LEDGER Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148126 55059 - C O:L ,.. ", ,,";,~'r:::;,,'-::... ."... . . . e.. ' . " .' l \ : , '. . _' 1 "\.~.. " . .: " ' ." ',''',: ' . =, " . ' ' >>> LOCATION LIST <<< PAGE. RECORDS REQUESTED LOCATION NAKE HEO ICAL MEDICAL MEDICAL OTHER MEDICAL MEDICAL OTHER MEDICAL HEDICAL INSURANCE HOLY SPIRIT 1I0SPITAL JOSE GARCIA, H.D. ROBERT p, LONERGAN, H.D, OR. ROBERT BEAUDRY, O,H.O, EDUARDO S. VIOLACO, H.D. CHRISTOPHER S. CANNON, H.D. DR. STEPHEN J. VERBER. 0.0.5. DR. EDWARD SCHAPPELL, D.C. COUSE CHIROPRACTIC PRUDENTIAL PROPERTY' CAS, INS DE02-14B126 SSOSg-CO~ 1 '.: '.~ . ,.~C< .,' ". " .:,~,,::,'~ ..' "."..,..,:::'......'. ,.' "''':.' ^::~~.~,....:.',:.,:.:',: ":," ~'''''.''::.: ',' CO~I~IO:\,VEALTH OF PE:-J~SYL V ASIA, COUSTY OF q:~IBERLA."D JOHN M,LEDGER,JR & LISA LEDGER VS File So. 98-4522 MILFORD C, SPICHER,JR SUBPOE:-JA TO PRODUCE DOo.;~E'IS OR THI~GS FOR DISCOVERY PURSUAST TO RULE 4009 ~~ TO: CUSTODIfu~ OF RECORDS FOR: JOSE A. GARCIA, M,D. (S'..m~ of P~non or E."~~') Within ~'e::-::-' ::0) days ~ter ser\'ic~ ot this subpoena. you .ue ordere-d by the court to produC't: the following docume:"lts or :hings: SEJ:" A'l"'T'~rt.1'J:"n " MCS GROUP INC., 1601 MARKET ST., #800, PHILA"PA 19103 IAddt"s) You may deii...~ or maillegibJe copies of the documents or produce things re-c:uested b~' this subpoena. togethe~ with the ;:ertificJle cr. :o:1pliance. to the party making this request at the add.~ listed ..bo\"e. You h~\'e the right to se'!k. in Jc!\'.1nce. the :'!!.Sonable cost of prepuing the copies or producing the :hings sought. If you fail Ie ?,,=,oduce the documents or things rel1uired by this subpoeru.. \Ito;::-..:n r-wenty pOl cays .u:er its service. the pany serving :;us s:.:=poena may seek a coun order compelling you to compiy "";th i:.. THIS SLllPOESA WAS ISSUED AT HIE REQUEST OFTHE FOLLOl^iISG PERSO~: SAME: ADDRESS: JEFFERSON J. PO BX 1268 SHIPMAN, ESQ. lIARRTSBlIRG, PA 17108 TELE?HO:\:: 215-246-0900 5lJPRnlE COURT lD #: A TIOR.'-:E)' FOR; 1JlO1:'h''''nA M'T' 04/10/2001 DATE: /rbr; fA /.c:: ~()6 I . Prolhonourv/OO' ~- a/hO 9 /Th,/?-,-'rt'~ r ~?ury -- '---- Se31 or the Cou.."i ~".,~ . '~" ,., . "":...::,::;;....., ': ,'.'.'., .'~ ,',' ~,' ~:,',' '.,'::', :' ': ',. : :~',:.: ':',: '. :':"...., ..'... , ",,,, '~, . ,'::..._~': .,..,',: ~.:_~~ -' \'~.,.<" "~ '.... ,I, EXPlANATION OF REQUIRED RECOlmS TO: CUSTODIAN OF RECORDS FOR: JOSE OARClA, M.D. 502 S, IIAI:nMORE STREET DILLSIlU!W,I'A 17tH!) RE: 55059 JOliN M. LEDGER. JR, ANY AND ALL RECORDS Any and all records, correspondence, files and memorandums, handwrillen notes, relating to any examination, consultation care or trealmen!. Dates Requested: up to and including the present, Subject: JOHN M. LEDGER, JR. 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security H: 048.42.8870 Date of Birth: 04-16-1936 5U10-295880 5505 9 -L02 ""', ' .l--'.", :,...._:~:;;:,~.rf' ,'" "", ., . \, T , '., ~ -l' _ _',~'I ' ,\' fl!_ ,: . . ' , :; ',', : " '.:, , '........'. ,......', . ,',: . '"' ''', . ., ~' . " t, . " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN TUE HATTER OF: COURT OF COHHON PLEAS JOHN H, LEDGER, JR, AND LISA LEDGER TERM, -VS- CASE NO: 98-4522 HILFORD C. SPICHER, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DUSAN BRATlC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 03/20/2001 HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT cc: JEFFERSON J, SHIPMAN, ESQUIRE - LEDGER Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148126 55059 - C 0 1. .. j' ',' .... 1~ '~.", I;'.:,\,,~~"- ll""" -,", ",,'. :,<,.'/:_:' ~,:''''':''''.'.~~..._.:.'..'" '~"',z'. '"f: . , 'I t" ....._~'.'"!~.t.~. CO\I\IO\1'/EAL TH OF PE:-1NSYL V A.\'IA COU.\'TY OF CUMBERLA~D JOHN M.LEDGER,JR & LISA LEDGER VS File 7'0. 98-4522 MILFORD C. SPICHER,JR SUBPOE:-1A TO PRODUCE DOCUME.,'YrS OR THI:-':GS FOR DISCOVERY PURSUA.\,'T TO RULE 4009 ~~ TO: CUSTODIAN OF RECORDS FOR: ROBERT LONERGAN, /1,D, {!\'",me of PC'non or E.~:il)'J \\'j:hin ~'e:-:::' :':01 days .uter ser\'ice of this subpoena. you ue orde:-ed b~' the cou" to ?foduce the :ollow::-:g c!ocumenlS or :hings: C:J:"P' dT""'~rJ.tJ:'n .. MCS GROUP INC., 1601 MARKET ST., #800, PHILA"PA 19103 (Addn!sJ You may dein'e":' or mail legible copies of the documents or produce things re-quested by this subpoen.1.loge~he:" \o\'ith the certitic,:lte a: :o:1pli.1nce. to the pany making this request at the address listed ~:'o\'e. You h,1\'e the right to seei<:. in a,h'~nce. the ~uonabJe cost of prepmng the copies or producing the things soug..~t. If you f.tit te ?7oduce the documents or things required by this subpoeru.. \oOo;:::..:n rwe:uy (101 cays ai:er its servic:e. the P.l1"l')' serving ::Us s:.::-poena mill' seek a c:oun order c:ompeJling you to comply \..;th i:. THIS SL"BPOE:-:.-\. WAS ISSUED ATHiE REQUEST OFTHE FOUmq:-:G PERSO:-:: .\:.-\..\fE: JEFFERSON J. SHIPMAN, ESQ, ADDRESS: PO BX 1268 HARRISBURG. PA 17108 TElE?H07'== 215-246-0900 SL'PRE:\lE COliRT ID #: A TTORXEY FOR: n~~~"M "'1' 04/10/2001 DATE: fl(l'U: r;; /, c: d. ()c I , d SeJI oi the Cou.--r _.'j ,,".', -,"'!,' ""f \,1,. ',:\ \ /;",',',,,' ~:~.!, ," ".: "'~:'''t.: t.',' ~r,......... .;',,,,.. !:"",'""'" . .. ) .' ~'(',..' EXPlANATION OF REQUIRED RECORDS TO: CUSTolJl^N OF RECORIJS FOR: ROBERT 1'. I.ONEIHi^N, M.l>. 207110USE ^VENUE SUITE 105 CAMP lIlLI., I'^ 17011 RE: 5505l) JOHN M. LEDGER, JR. ANY AND ALL RECORDS Any and all records, correspondence, files and memorandums, handwritten noles, billing and paymenl records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present, Subject: JOHN M, LEDGER, JR, 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security II: 048-42-8870 Date of Birth: 04-16-1936 5U10-295882 55059 - L 0 3 ,;-r "'", '. ""_":: .'.: ...'. .'-'",,:., """~:>~':"":~_~ "...:, ';'~:",'."''':''':'.:i'''-P~'''';'''''''"' "~~_,-, j".,., :,: . ~-T---' COMMONWEAL'l'!i O[i' PI';NNSYLVAN:IA COUNTY O~ CUMBERLAND IN THE HATTER 01': COlJRT 01' COHHON PLEAS JOlIN H. LEDGER, JR. AND LISA LEDGER TERH, -VS- CASE NO: 98-4522 HILI'ORD C, SPICHER, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations ] TO: DUSAN BRATIC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 03/20/2001 HCS on behalf of JEFFERSON J. SHIPHAH , ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - LEDGER Any questions regarding this matter, contact THE HCS GROuP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148126 55059 -COl ,:. :',-,.:.,,,,, . ",':, """':~('~""" ','....' . , l::,~:,: ':'."':"_ ".,,,;,~",,,,,,,"',;,':\,,,,,,>,":''''~f ,: " r' >>> LOCATION LIST <<< PAGE, REGORDS REQUE5TED LOCATION NAME MEDICAL MEDICAL MEDICAl. OTHER MEDICAL MEDICAL OTHER MEDICAL MEDICAL INSIlJWlCE 1I0LY SPIRIT 1I0SPITAL JOSE GARCIA. H,D. ROBERT P. LONY.RGAN. H.D, DR, ROBERT BEAUDRY. D.H,O, EDUARDO S, VIOLAGO. H,D. CHRISTOPHER S. CANNON. H.D. DR. STEPHEN J, VERSER. D.D.S. DR. EDWARD SCUAPPELL, D.C, GOUSE CHIROPRAGTIC PRUDENTIAL PROPERTY' CAS. INS DE02-148126 55059 -CO]' 1 ,~' ,', ':. .:.:'.' .~"" _ :.."'~.l..:~~,~"" ,.',,:. ,." _ "l-"~"'!""~' ....:.'4'~...""j~.: ;I'..o!' ,\, " :;. EXPlANATION OF REQUIRED RECOlmS TO: CUSTODIAN OF RECORDS FOR: DR. IWBERT BEAUDRY, Il.M.D. J(,OO 01.1> (iE'ITYSBUIW ROAD CAMPIIILL,PA 17011 RE: 55(51) JOliN M, LEDGER, JR. COPY ANY AND ALL DENTAL RECORDS, CHARTS, HISTORIES, OFFICE NOTES. CORRESPONDENCE AND XRA YS, Subject: JOHN M. LEDGER, JR. 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security II: 048.42.8870 Date of Birth: 04.16.1936 5UIO-295884 55059 - L 04 '__, M._,-"'~e':':~;~,:' .' :., '.' \., ," f" '.,' .... ~ . 1 "I;,,' ,\ ':,-' , <' _' ':""':,_", .,'~'".(:.,; :L~~.~'_" ""'..,' .' ",' COMMONWEAI~'J'H OF PENNSYLVANT.A COUNTY OF CUMBERLAND IN THE HATTER OP. COURT OP COHHON PLEAS JOHN H. LEDGER, JR, AND LISA LEDGER TERM, -VS- CASE NO. 9S-4522 MILFORD C. SPICHER, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: OUSAN BRATIC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have tventy (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to tbe subpoena. If the twenty day notice period is vaived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 03/20/2001 HCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN. ESQUIRE - LEDGER Any questions regarding this matter. contact THE HCS GROUP INC. 1601 HARKET STREET #SOO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-14S126 55059-COl '.-'1' .... .\ .'. '. '.' ' '. " ,"'_: ---:.......'..:.' :' ,::.': ' t ~" , ',t, - >>> LOCATION LIST <<< PAGEt RECORDS REQI1.!illTED LOCATION NAME Hl':PICAL MEDICAL KED ICAJ. OTHER MED I CAJ. KED I CAJ. OTHER MEDICAL MEDICAL INSUIWlCE HOLY SPIRIT HOSPITAL JOSE GARCtA, H.D. ROBERT P. LONERGAN, H.D, DR. ROBERT BEAUDRY, D,H.D. EDUARDO S. V IOLACO , H.D. CHRISTOPHER 5, CANNON, H.D. DR. STEPHEN J. VERBER, D,D.S. DR. EDWARD SCHAPPELL, D.G, COUSE CHIROPRACTIC PRUDENTIAL PROPERTY' CAS. INS DEDZ-148126 55059 - C 0 1. 1 , ' .., I ,". : " '.... ' '. l" . , ' '",' > . ..., ., , . '" ~ " '. _, ...... ~ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOI{; EDUARDO S, VIO/AGO, M,D, 2151 J.INGLESTOWN RD. I/ARRISBUIW, I'A /7/10 RE: 55059 JOliN M. LEDGER, JR. ANY AND ALL RECORDS Any and all records, correspondence, riles and memorandoms, handwritlen notes, billing and paymenl records, relating 10 any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN M. LEDGER, JR. 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security II: 048.42.8870 Date of Birth: 04.16.1936 5U10-295886 55059-L05 , CERTIFICATE PREREQUIf.ITY. TO r.r.RVICE 01' A r.UnpOENJ\ I'URSUAIlT TO RUl,t: 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN M. LEDGER, JR, AND LISA LEDGER TERM, -VS- CASE NO: 98-4522 MILFORD C, SPICHER, JR, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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. MCS on behalf of DATE: 04/10/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-245276 5505 9 - L 0 6 ".:..",~:'~., ~'~::,.:::~~' .. , ~ I ' ' , '..' . . . _ . ' ',' I. . . ' COMMONWI':AL'CII aIr PI':NNSYLVANl:A COUNTY O~ CUMDRRLAND IN THE HATTER OF. COURT 01' COfoHlN PLEAS JOHN H, LEDGER, JR. AND LISA LEDCER TERI1, -VS- CASE NO. 98-4522 MILFORD C. SPICHER, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: DUSAN 8RATIC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is vaived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 03/20/2001 HCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN. ESQUIRE _ LEDGER Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148126 55059 - CO]' , ',,,,'-~~~.,:'J'::"';::'; >>> LOCATION LIST <<< PAGE. 1 RECORDS REQUESTED LOCATION HAKI!: MEDICAL MEDICAL MEDICAL OTHER MEDICAL KEDICAL OTUER MEDICAL MEDICAL INSURANCE HOLY SPIRIT HOSPITAL JOSE GARCIA, H.D. ROBERT P. LONERGAN, H.D, DR. ROBERT BEAUDRY, D,H,D, EDUARDO S. V IOLACO , H.D. CHRISTOPUER S. CANNON, H.D, DR. STEPHEN J. VERBER, D,D,S. DR. EDWARD SCHAPPELL, D.C. COUSE CHIROPRACTIC PRUDENTIAL PROPERTY' CAS. INS DE02-148126 SSOS9-CO~ . ' , " , , '" , ~ '., . ,i ,1 r .", , , ' . " . ", .\ ., , " .~" CO~l~lO""'WEALTH OF PE:--I~SYl V A.\'IA coe.\':Y OF CU~lBERLA.."D '- JOHN M,LEDGER,JR & LISA LEDGER VS Fil. :\0, 98-4522 MILFORD C. SPICHER,JR SUBPOE~A TO PRODUCE DOCUME'\"IS OR THI~GS FOR DISCOVERY PURSUr\..\1 TO RULE ~009 ~~ TO: CUSTODIAN OF RECORDS FOR: CHRISTOPHER S. CANNON, M.D, (S'oImr of Pc-non or E.:':i~'J Wi:hit'l rwe~:::-' ::0) days uter service of this subpoena, you JJ'e ordered b~' the C"Oun to ?roduce the following documents or :hings: C::P'J:" ,:'r.TT:'r.rl-tJ;'n a' MCS GROUP INC., 1601 MARKET ST" #800, PHILA"PA 19103 IAddnu} You ::'l.JY deih'~ or mail legible copies of the documents or produce things requested by this subpoena, togethel" with the cer:ificafe ~ :O::1pliolnCe, to the party making this request at the ad~ listed ~bo\'e, You h.J\'e the right to se~k. in .ldn.nce. :he :-::uanable cost of preparing the copies or producing the things SOtzg..'11. If yor.: :.cl ~c ?"=,:Jcuce the ::::cumenfs or things required by this subpoena.. ..,,,.;t:-..:n twenry (:!.O, cays after its sen.'ice. the par.:' sen'ing ::-.is s:,:opoena may seek a court order compelling you to com?l~. ~;th i:.. THIS SlllPOE:-;A WAS ISSUED ATHIE REQUEST OF THE FDLLQ;\1:-;G PERSO~: :--: AME: JEFFERSON J. SHIPMAN, ESQ, ADDRESS: PO BX 1268 HARRISBURG. PA 17108 TELE?HO:\E: 215-246-0900 St:PRE~IE COUnT lD #: AITOR.\;C':' FOR; M""",n",'t , ~ ~~ DATE: f0=,t2c/ 04/10/2001 IS ;:; ,y) I B Se.11 or the Cou..--: ',' ,,'... :. .",.:.\t'","" ',',...~'.' ~'" '~'. ~'-", " ','" .. ,'.:~'~-"',:: '. ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODI^N OF RECORDS FOI{; CIIRISTOI'IIER S. C^NNON, M,I>. 2645 NORTII TIIIRD STREET lI^RRISIlLJRG, P^ 1711ll RE: 55051) JOliN M. LEDGER, JR. ANY AND ^LL RECORDS ^ny and all records, correspondence, files and memorandums, handwrinen noles, billing and paymenl records, relaling to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN M, LEDGER, JR, 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security #: 048-42-8870 Date of Birth: 04-16-1936 5U10-2958B8 5505 9 - L 0 6 ". C~:RTII'ICATr. PREREQUISITE TO SERVICE or A SUBPOENA PURSUANT TO RULr. 4009.22 IN THE MATTER OF: COURT OF COHMON PLEAS JOHN M, LEDGER, JR. AND LISA LEDGER TERM, -VS- CASE NO: 98-4522 MILFORD C, SPICHER, JR. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certif ies 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. MCS on behalf of DATE: 04/10/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEl1-245277 SSOS9-L07 :....,. COMMONWT'~AL'l'11 or,' PENNSYLVANIA COUN'rY OF' CUMDERLAND IN THE HATTER 01': COURT 01' CotIlOK PLEAS JOlIN H. LEDGER, JR. AND LISA LEDGER TERM, -VS- CASE NO: 98-4522 MILFORD C. SPICHER, JR, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: DUSAN BRATIC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ord~red a~ your erpense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 03/20/2001 HCS on behalf of JEFFERSON J. SHIPMAN , ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE _ LEDGER Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148126 55059 -CO 1 ~ , ',' . .,l t,~ " :'. ..,.... , : " ~.' " ',: .." I _.' . . '.' '" .;:, " . \'," " : ',~ I' '" .' . ' .: ,', . , '-. . CERTlI'ICAn: PREREQUISITE TO SERVICE 01' A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN M. LEDGER. JR. AND LISA LEDGER TERM, -VS- CASE NO: 98-4522 MILFORD C. SPICHER, JR. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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. MCS on behalf of DATE: 04/10/2001 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DEll-245278 55059 -LOB ,....,. .:," ":.",~"';~.-::-;.;,,~~' GOMMONWI!:AL"l'l-I OF PENNSYLVANIA COUNTY OF CUMBERLAND IN TItE HATTER 01'. COURT OF COMMON PLEAS JOItN H. LEDGER, JR. AND LISA LEDGER TERM. -VS- CASE NO, 98-4522 HILFORD C. SPICHER, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 [ Note, see enclosed list of locations J TO, DUSAN BRATIC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned sn objection to the subpoens. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 03/20/2001 HCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC, JEFFERSON J. SHIPMAN. ESQUIRE _ LEDGER Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148126 550 59-COl : r I' .. - ,.' ...., '.', ; , I , ' ..' f' ,', .', . . l", ' ,'". _ ,. , .t f _ ~', - t. . ,~. .....: _ : ,,~' '. ,. , i', .r I "'" .~ EXPlANATION OF REQUIREI> RECOlms TO: ClJSTODI^N OF RECORDS FOR: DR. EDW^RD SCIIMI'El.I" D.C. 3302 SCllOOLlIOlJSE lANE II^RRlSBURG.I'^ 17109 RE: 55059 JOliN M. LEDGER. JR. ^NY ^ND ^LL RECORDS My and all records. correspondence. files and memorandums, handwritten noles, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN M. LEDGER, JR. 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security #: 048-42-8870 Date of Birth: 04-16-1936 5UI0-295892 55059 -LO B , _ " . . l : ,..' ..' ',..,.. .. ~ ~.( .' . , " " ~ ~_~ _". \....J..; _2..., ..', _._' , . CERTII'ICATE PRERgQUISln: TO SERVICE 01' A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN M. LEDGER, JR. AND LISA LEDGER TERM. -VS- CASE NO: 98-4522 MILFORD C. SPICHER, JR. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE 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. MCS on behalf of DATE: 04/10/2001 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DEll-245279 55059 -LO 9 , .. " \ " , ,'. .: \~ .' ." '_'~ ~ ..', :". ~. '~, . 1~ 1;', _-;......"., ':." . .\. " - :.. ,.........- COMMONW1!:AL'rH OF Pl';NNSYI~V^N'[^ COUNTY OF CUMBERLAND IN THE HATTER OF, COURT OF COItION PLEAS JOHN H, LEDGER, JR. AND LISA LEDGER TERM, -VS- CASE NO, 98-4522 MILFORD C. SPICHER, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note, see enclosed list of locations J TO, DUSAN BRATIC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE, 03/20/2001 HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - LEDGER Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-148126 5S059-CO~ , ~ ~ ", ., . , , ' '. . ':' ,. , !:' -. '" .' " \, ~ : . I t _ ' , ." , .'._ ' .' , ',' , . 1'0' CO,\1~10,\'\\T:Ar.Tll OF I'E:-::-':SYlVA.\IA COL:7':TY OF CU!\1 B EH LASI) JOHN M.LEDGER,JR & LISA LEDGER VS File ." o. 98-4522 MILFORD C. SPICHER"JR SUBPOESA TO PRODUCE DOCU:vfE'\iS OR THrSGS FOR DISCOVERY PURSUA.,\i TO Rl.:l!, 4009.11 TO: CUSTODIAN OF RECORDS FOR: GOUSE CHIROPRACTIC (S.am~ o( i'tnon or E.~ti~.) \\'j:hin !'\\'e~:.y ::0) d.1Ys ~fer service or" this sub?~n.1. you .lIe orde:e-d by the ("CUrt :0 ?roduce the following c!ocume:'1ts or things: C::l:'l:' hTTArJ-l'l:'n " MCS GROUP INC., 1601 MARKET ST., U800, PHILA.,PA 19103 (Addrt~,) You :rl.JY deiin: or mail legible copies of the documents or produce things requested by this subpoena. logelhe: with the ceni!ic.1te 0: :o:npliance. to the pa.-ry milking this request at the ild~ listed o1~o\'eo 'rou ho1\'e the right 10 seek. in Jcn,nce. the :,!,uon.able cost of preparing the copies or producing the things SOUg.hlo If you flil Ie ?,=,oduce the documents or things required by this subpoen.il.. \0\;::-":" twen:-y (ZOl cays .u:er i:s sen.'ice. the ?oltt)o serving this s:.:opoena may seek J (oun order compeUing you to comply ""';th i:.. THIS SlllPOE:-..'A WAS ISSUED ATHIE REQUEST OF THE FOLLO"\l:-..'G PERSO:-..': ,'o;A.\1E: ADDRESS: JEFFERSON J. SHIPMAN, ESQ. PO BX 1268 --lI<\RRTSBlJRG. PA 17108 TELE?HO,'o;:: 215-246-0900 St:PRE~jE COliRT ID ~: A ITOR.\'E'Y FOR: """"'-1M".,. DATE: 04/10/2001 /Ii';::) /if .I / s-, ;) ()n I BY iVlsion Se.11 or ~h~ Cal!..."'"': "!,__ '; fC", , >C~'C ' ~<",".::,t;'"".\. EXPLAN^TION OF REQtJIIUm RECOImS TO: CUSTODIAN OF REColWS FOR: (iOUSE CllIlWI'RACnC 427 N. ENDA ROAD S'IEII LOWER LEVEL ENOIA.I'A 17025 RE: 55059 JOliN M. LEDGER, JR. ANY AND ALL RECORDS Any and all records, correspondence, files and memorandums. handwritten notes. billing and payment records. relaling 10 any examinalion. consullation, care or trealment. Dates Requested: up to and including the present. Subject: JOHN M. LEDGER, JR. 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security H: 048.42.8870 Date of Birth: 04.16.1936 SUI0-296286 55059 - LO 9 . 1,. .. .:', ..', I'...." ,..,.:~' ,;.'..'. ,.' ~ .~":., .~. '.;:..j..'~:"'~'~~:::;,~.:~ 1,,' .": . ..,', 1-.11' CO\I\IO\'\\T:ALTH OF PE:-.1NS'r1. V ASIA COlJSTY OF CUMBERlA.-":D JOHN M,LEDGER,JR & LISA LEDGER VS File So. 98-4522 MILFORD C, SPICHER,JR SUBPOE~A TO PRODUCE DOCU~E~iS OR THI\'GS FOR DISCOVERY PURSUA..'i TO RULE 4009 ~~ TO: CUSTODIAN OF RECORDS FOR: PRUDENTIAL INSURANCE COMPANY (S~m~ o( P~nan or E.":i~') \\'i:hin :-.-.'e::ry' ':0) days ait~r ser...ic~ or this subpoena. you .lI~ ord~:e-d b~' the C"Ourt to produce the following cocuments or :hings: c:t::'p A T'T' A r1-Hm al MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 IAddr~"1 You m..~' deih-e: or mail legible copies of the documents or produce things rec;ue5ted by this subpoena. togethe~ with the certificale a! :-o::1pliance, to the P.tr't'Y making this request at the a.d~ listed ~oo\'e. You h~\"e the right to Se!K. in aennee. :::e ~J.Sonable cost of preparing the copies or producing the things soug.;.u. l! you !a..il tc ~oduce ~he doc".Jments or things re,!uired by this subpoena. "",;t::.:n n.v~:'l::' (:!.Ol cays after i:s ser....ice. the ?.1.r.)' se!'\'ing :h1s s:.::.poena molY seek a court order compelling '.~'': ::::Jmply ""';Ih i:.. THIS SL1lPOE\'A WAS ISSUED AT THE REQUEST OF TIlE FOLLO\-\l\'G PERSO\': SAME: JEFFERSON J. SHIPMAN, ESQ. ADDRE55: PO BX 1268 HARRTSRtJRG. FA 17108 TELE?HOS:: 215-246-0900 5l:PRE:-'lE COURT ID ~: AITOR."E:' FOR.: nt:'t:'l:''l'TH''J'T' 04/10/2001 DATE: (Yl::::;!?,t. I.t::, ~QQ/ ProthanotMy/Gerk., " ivision .a~p _9 sr~M/Y&~ :J.t:?u.. . "- SeJi or the CO~ ~..:.., ',~,,,~.,". ", ',', ~',.f" ,'.~. ":' ..<~~:,. ',.". 'l..', , < _ '_:' '-::,,'"..t I'," ::I'''''''*.~ ...(.' "~..~" . "" 'I' '\ ' r:) ~" . c_ .i t..) ,. ,~ I ~.- I':"' ~f'. (":1 I - , ".; 0;.., ~:5 ~j r.:;; U ','" l. ',' ,', :,' "'.': :,~., .':' I','. ':,".:.>"\ ,', 'l:~ .,'~,.",..~~ :'~,~,~",.",,," ,..,' '",'}'-' , ,i'i', CERTlI'ICATE PREIlF.QUIS IT! TO SERVICE 01' A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OF: COURT OF COMMON PLEAS JOHN M. LEDGER, JR. AND LISA LEDGER TERM, -VS- CASE NO: 98-4522 MILFORD C. SPICHER, JR. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE 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. DATE: 06/12/2001 ~ behal~ -, ~/"- ~ ,. J' ERSON J. S IPMAN. ESQUIRE Attorney for DEFENDANT DEll-258329 55059-Lll - ." '~:',~'. ""w';: '. ,.,'.....~:. <.', .", ""'iJ,""," \..:......:...;..."'-.' .~l~'.'~- :."'1' CO~l~O~""'"'EAL TH OF PE~NSytV AS[A COU:-JTY OF CUMBERt.-\..'.'D JOHN M.LEDGER,JR ~ LISA LEDGER VS File :-:0. 98-4S22 MILFORD C. SPICHER,JR. SUBPOE:-JA TO PRODUCE DOCU~E:.'."'S OR T'HISGS FOR DISCOVERY PURSUA..'''' TO RULE 4009.12 TO: CUSTODIfu~ OF RECORDS FOR: PINNACLE HEALTH PHYSICAL THERAPY IS..m. o( PInon or E.~tu"J Wi:hin r'Wf:-:::'" r:o) d.lYs liter 5e:'\dce of this subp~n.a. you lit ordered b~ the C'Oun to produce the followins .:!:oc:umenlS or "inSS: S EE ATTACHED " "1'0 r:RnllP INC.. 1601 MARKET ST., 1/800. PHILA. ,PA 19103 1.\d4rn11 You m.1~' deih'ft or mai1legibte copies of the documents or prod\m: thin!;s ~uesffd by this subpOt'n.t. togf~;,e~ .....irh the cfrrificJlf a: :oC'1plianct. to the p.a.rry cuJc.ing this request .Jt the .Iddress listed above. You ha\'e the right to se~i<.. in ,d\'U1Cf. t~f :"!1Sonlble cost of preparing the copie-s or pro:1ucing the ttUn!, sousht. l! you f.tit tc ;::,oduce the documents or things required by this subpoena.. wir!-Jn rwe:uy (::0\ c~ys ~ter its ser:u:e. :he ?~. serving: ::us s'..:~~en.a molY seek ol coun order com?elling: you to comply with ~- THIS SL"BPOENA WAS ISSUED AT1MEREQUEST OF THE FOLLOWlNG PERSON: SAME: l""""RSON T. SHUMAN. ESO. ADDRESS: PO BX 1268 HARRTS8URG. PA 17108 iELE?HOSE: ? 1 <;_?4h_OQOO Sl.:PRE.\IE COL"RT 10 .: AITOR.'\EY FOR: DEFENDANT DATE: '!l~ / t, ollrV I BY~ COURT: 5..1 oi the Cowt :.:f~'C;:""'l , . '. , ,-. . " " \' ~.:, .' '. " t, '. .; ~ \^ ~:', . '_ . . : ". . , ' 1 . t . .' . COMMONWEALT~ OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 01'. COURT OF COMMON PLEAS JOHN H. LEDGER. JR. AND LISA LEDGER TERM. -VS- CASE NO. 98-4522 HILFORD C. SPICHER, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKEN'i'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE BEA. PHYSICAL TIlERAPY MEDICAL \lICKS LUMBER COMPANY EMPLOYMENT TO, DUSAN BRATIC, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE, OS/22/2001 HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT CC, JEFFERSON J. SHIPMAN, ESQUIRE - 22740856 Any questions regarding this matter, contact THE MCS GROuP IlIC. 1601 HARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-153614 55059 - C 01. ~ ,\' " . :: ,. :t , ".: ::. ~ '".:,,: ", , ". ,I, . , ."~', I.' . :....', :: ,'. .' ,:' ;, , , '.' ' ';., '. ".,.' ~ .p. ~", ,":- COMMO~Vr.:AL TH OF PE:-.INSYL VANIA COU~\i1T' OF CUMBERlA.'W JOHN M.LEDGER,JR & LISA LEDGER VS FiI. :\0. 98-4522 MILFORD C, SPICHER,JR, SUBPOENA TO PRODUCE DOCUMThlS OR THI:-IGS FOR DISCOVERY PURSUA."-l TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR: WICKS LUMBER COMPANY (Slm~ ot Prnon or ~tirr) Wi:hin no-..t~' (:0) d..ys .liter Stl"'\'iCt of this subpoenJ, y'~u lie ordert'd by th. C'Oun to product the following documents or :oinSS: SEE ATTACHED " 'fro r.RnIlP INC.. 1601 MARKET ST., 11800, PHILA. ,PA 19103 I.'ddno.) You m..y deih'ef or mJillegible copies of the documents or produce things teq'Ce5tfd by this subpotna. together with the cenifiC'.Jle a: campHane'!, to the puty m.a.kinglt\is reque5t ,at the oIddress listt'd .aboye. You hJ\'f the right to seek. in ..dunc!, the :'!uonolble cost 01 preparing thecopit1 or producing the things 5OU~t. If rou Ilil te ?,=,oduce the documents or thing5 required by this subpoena.. wit:-..in twenty (20) ca~'s dter ils sel'\'ice, tne ?Uf)' servin! th.is sl.::,poena may seek 01 CDun order compelling ~'ou to comply with~_ THIS SlllPOENA WAS ISSUED AT TIlE REQUEST OF THE FOLLOWING PERSON: :-iAME: 'l'l'l'l'RSnN T. SHIPMAN, ESQ. ADDRESS: PO BX 1268 HARRISBURG. PA 17108 TELEPHO:-i:, ? 1 <;-14/;-0900 Sl1PRE.\!E COliRT [0 t: A TTOR.'iEY FOR: DEFENDANT DATE: '71ltLj I f. ,). th)/ BY ~ COURT: S.al of tho Court (off. i 197) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WICKS LUMBER COMPANY 451 AMI'ICK DR. HARRISBURG. PA 17111 RE: 55059 JOHN M. LEDGER. JR. i\ny and all employment records, files and memorandums, compensation, time and attendance records. personnel records. payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: JOHN M. LEDGER, JR. 1050 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 Social Security #: 048-42-8870 Date of Birth: 04-16-1936 5UI0-306838 55059-L:LZ . " . II: ,t . ,: : . ',''''. , .;, ,,' "'",' , ",', :"': " '.. ,: '..' .' ." . " ' .' , ',+ .' PRAECIPE FOR LISTING CASE FOR TRIAL (MuSl be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Please IIsl the following case: xx) for JURY trial at the nexlterm of civil court. for trial without a Jury. , ............................................................................................................................................................................. , CAPTION OF CASE (entire caption must be stated In full) (check one) Assumpsit JOHN M. LEDGER, JR.. AND LISA LEDGER, Trespass bx) Trespass (Motor Vehicle) (Plaintiff) (olher) vs. MILFORD C. SPICHER, JR. The trial list will be called on 12/31/01 and .' Trials commence on 1/28/01 Pretrials will be held on 1/9/2002 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) (Defendant) vs. No. _ Civil 4522 .19~L. Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire. Attorney for Defendant Indicate trial counsel for other parties If known: Dusan Bratic..ysqu~:..:.!......~Eto!:.ne~.foE. Plaintiffs '-----..,-.--..-.-----.-- ----. This case Is ready for trial. Print Name: --I.eLf.er.s.onJ.._Shipm"n Date: 9/24/01 Attorney for: _j)cl.e.ndanl:-_____.__ " ' , , . ., ' , . ,,- r .;' ..'. " PRAECIPE FOR LISTING CASE FOR TRIAL (MuSI be typewrlllen and submllted In duplicate) . TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please IIstlhe following case: (Check one) xx) for JURY Irlal at the nexl term of civil court. for trial without a jury. , uu......__................................................................................................................................ ............................... CAPTION OF CASE (entire caption must be stated In full) (check one) Assumpsit JOHN M. LEDGER, JR.. AND LISA LEDGER, Trespass Xxx) Trespass (Motor Vehicle) ( ) (Plaintiff) (other) vs. The trial list will be called on April. 2., 2002 MILFORD C. SPICHER, JR. and .' Trials commence on _ April 29, 2002 (Defendant) Pretrials will be held on April. 10.,. 2002 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) vs. No. Civil 4522 19~__ Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire, Attorney for Defendant Indicate trial counsel for other parties if known: Dusan Bratic,. Esqui_re.!.-~Eto.:.neL for. Pleintiff This case is ready for trial. Signe/}!~c'((/ kLjill ( /, LA Print Name: ~pffprclr'ln--I--.s.P;pmtln Date: 2/27/02 Attorney for: _Jl.e.fendant..____.__ " CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at HarriSburg, Pennsylvania, on February 27, 2002: Dusan Bratic, Esquire Bratic & Portko 101 South u.s. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 36011.1 ByJf~UO) g~, sn~~~. Esquire Attorney 1.0. 51785 320 Market Street P.O. Box 1268 HarriSburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant . . _ ". ~, ,I': .,' , .. " ~ f _ I, : '. .' '. . . " .,'., f :' .' , " .' ,. .,...,....' '. ~'",'" "rn'" ~- ,- 0 -- , , :'L ( - '. C.; , ..r. -. -, , - , I .~ .! , c' - 'j , ~I u... .- :.'""'.1 :'5 '~:':1 (.) , (;~ en ~~ tr. e , ,":" ".:; --- LJ.~ ~~. , ". ,- , ; ,,- '. '. F- , ,"- ." :~~ {"'II "r ~- CP :..1 c.:." I :;.:: l'" .-... :::: ~ >:-. ::-j r_ t'J (~ ".;. !cl 1'- '" t>. ('..l 5 () 0 () 'll.~j\) , ',')' 'V' 1.\1 f\ I:U