The URL can be used to link to this page

Home My WebLink About98-06805 , I , j I ! , 1 \." ~ .- /' -) - ~ o i =t: I , I , I I I I I ~ <.... ~ J Ln o I (lJ. ,3 , i 01 "2:i 1 1 LILA V. HOWELL and PAUL L. HOWELL and JACOB HOWELL, a minor, Plaintiffs IN THE COMMON PLEAS COURT OP CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 9J> -t-.J{JS e'Ot I ~J'I MARC ANDREW VICTOR, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY I please issue a Writ of Summons against the above-named Defendant on behalf of Plaintiffs in a civil action which occurred on December 6, 1996 at or about 9:53 a.m. at or about South Market Street and Gettysburg pike, Upper Allen Township, Cumberland County, pennsylvania and cause the Sheriff to serve the same forthwith. plaintiffs, Lila V. Howell and Paul L. Howell are adult individuals residing at 55 Union Church Road, Dillsburg, York County, pennsylvania. plaintiff, Jacob Howell, is a minor residing at 55 Union Church Road, Dillsburg, York County, Pennsylvania. Defendant, Marc Andrew Victor, is an adult individual residing at 111 Nittany Mechanicsburg, Cumberland County Drive, pennsylvania. ) BRATIC 1 PORTKO .. 4Y/1~ Dus<fn Bratic 10 No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs DATED: II/3D /'f'y , By: boQ ~ ~. (0 ~ P ':i () . I ~ ~ c ri::- G (' C " -- --.:.J () ;u ..... C/1 ~ c- o <->v r- rJ ...0 t -+ --.f\ -<. .~ Commonwealth of Pennsylvania County of Cumberland LIUI V. HCWELL AND PAUL L. HCWELL AND JACOB HCMELL, A MINOR Court of Common Pleas VI. MARC ANDREW VICTOR III NITTANY DRIVE MECHANICSBURG, PA 17055 :';0. __9_8_-:~?.9_~_~j.XiLT~J;:I!l_____________ 19____ III ___~j.~U_A~!9JL::_k'1_'.L_____u___________ To _.Marc_Andr~_l1ictor_________u_u_._u___ You are hereby notified that Lila V. Howell and Paul L. Howell and Jacob Howell a minor .---------------------------------_______________._________________1._____________________________ the Plaintiff ha s commenced an action in _u.cillil.AGtian.':..LaI:I..h_u__u_________un__u_u against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long .------------------------------------------------ Prothonotary Date December 2 19..~? B~~_2__7?Z~ Deputy r-c . ~ , ..."roO....l? 7" ~.., OV1l:..4~t'"'I , , . ~t1.....0 It"....!\; .....U1>'~H , , 0" DJ ........ 8l n n.... ~c::8fis: I'" , . I rt I--' ..... ::r n , "" ..... en g> " <: DJZ en"t:D 'CO , #W()r::T ..... " .....~ 0'..... t"' < , , , , '" ~ c:: ro .... ........ c:: 0 =. . '''' , ......1""' rt..-, en n... 2"><== 'co , \D\D lO::r'QJ ~ en DJ [;l '0 , "'''d'" ... ~ 0''' " n~><>< lU1 , A 0 c:..... c:: '< ~ ~g ~~ In >, '" "'::+ ",. n ,..... '1 :d ;p. 00" 0 8 <.Q 0< :l> '1 " ...... o. X'" . " " '1'" ~ n:l> : ;5. 3: 0.... t'l 0 ;<; ~.~ "",en I Sl ::r :l>~ I.... .\1: 00.0 2~S , ....c:: . i :0 ''"3 "'... -. .... 0.5 '(1) fro Cl " i~ 0 :0 .... U1 I U1 U1 , - :c , . , CF.RTIFlCATF. OF SERVlCE I hereby certify thnt I served a copy of the foregoing document upon the personlsl indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on May 10, 2001: Dusan Bratic, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. By JOhn1~no~~~~ Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 62919.1 t [ , i1 p, ~, " [c !i i I I I , I !~< -, John R. Nlnosky, ~5qulre 1. O. 178000 GOLDBERG, KATZMAN' SHIPMAN, P.C. 320 Market ~trcel P.O. Box 1268 Harrisburg, PA 1./I0t:l~1~(,H 17171 234-4161 Attorneys for Defendant JACOB and LILA HOWELL, Plaint if fs IN TilE COURT OF COMl~ON PLEAS OF CUMBF.RLAND COUNTY, PENNSYLVANIA v. NO. 98-S-6805 CIVIL TERM JOHN V. VICTOR, LINDA VICTOR, and MARC J~IDREW VICTOR, Defendants CIV1L ACTION - LAW JURY TRIAL DEr1ANDED TO THE PROTHONOTARY: 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. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: ~()oj6\ By e~ "^<~ Joh R. Ninosky, E quire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants RULE TO: Dusan Bratic, Esquire, 101 Office Center, Suite A, 101 South US Route 15, Dillsburg, PA 17019, Attorney for Plaintiffs: A Rule is hereby issued upon Plaintiffs, Jacob and Lila Howell, to file a Complaint against Defendants within twenty days of service hereof, or suffer judgment of non os. (? J ;)7v;) 7:2. Curtis Long, Protho DATE: sj/I'l/ol 62917 .1 ry (20) IJL\ V. !lOWEI.1. lInd 1''\\11. I.. II0WEI.L lInd 1'llIlnllffs I.... TilE ('()~I~I():'\ I'LE'\S CO\1IU 0..- ('lI~IIIEIU.'\NIl ('OlJ....TY.I'ENNSYLV,\NIA \'. C'IVII. '\("I'ION NO. ')H.(,HUS i\I,\RC ,\NUREW VICTOR. I>cfcndllnl .'LJI~Y TRIAL IlEi\I"....I>EU ....OTICE You have been sued in court. If YOll wish \0 defend against the claims sel forth in thc following pages. you must take action within twcnty (20) days after this complaint and notice arc sen'ed. by entering 1I wrillcn appcaranee personally or by attorney lInd filing in writing with the coun your defenses or objcctions to the claims set forth against you. You arc warned that if you fail to do so thc casc may procecd without you and a judgment mllY be entcred against you by the co un without funher notice for any money claimed in the complaint or for any other claim or relicfrcqucsted by the PlaintitT. You may lose moncy or propeny or othcr rights imponant to you. YOU SHOULD TAKE TillS 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ,\ \'ISO I.e han dCIll.llldado a ustcd enla conc. Si usted !Juicrc dcrcndcrsc dc estas dClllandas expuestas cnlaw paginas siguientes. uslcd ticne vcintc (20) dias dc plazo al panir de la fl'Cha dc la dcmanda y la notificacion. Ilacc fait.. ascntar un;1 comparcncia escrita 0 en pcrson;1 0 con un abogado y entregar a la cortc cn lill1na eserita sus dcfcnsas 0 sus objeeioncs alas demand as en contra de su persona. Sca avisado !Jue si listed no sc defiende. ia corte tomam mcdidas y pucde continuer ia dcmanda en corUm suya sin prcvio lIviso 0 notiticacion, Adclllas. la cone pucde decidir a filvor del delllandantc )' rC(llIicrc !JIIC IIsled cumpla con todas law provisiones de esta dcmanda. Usted puedc perdcr dinero 0 SIlS propicdades u otros derechos illlponanles para IIstcd. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAT,\l\1ENTE. SI NO TIENE ,\BOGADO 0 SI NO TlENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO. VA Y A EN PERSONA 0 LLAME POR TELEFONO A I.A OFICINA CUY'\ D1RECCION SE ENCUENTRA ESCRITA ABAJO PAR,\ ,\VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249-3166 1.11.,\ V.IIO\n:l.I, IIl1d J''\lJl.l.. 1I0WEI.I, 1I11d I'JlIiIlUrr, I.... TilE CmJ~JON I'U:,\S COURT OF {'(I~IIJEIU.A:'\I> COIJNT\'.I.EN....SYI.V,\NI^ \', ('1\'11. '\(TION ....0. IJH.(,HllS J\J,\I{C ANI>IU:W VICTOI{. l>efclld:1II1 .'\1I~Y T1U,\I. I>EM,\NDED CO:\II'L\lNT l. Plaintiff Lila V. Howel/. is an adult individual residing at 55 Union Church Road, Dillsburg, York County, Pennsylvania, 1701IJ, 2. PI:lintiff Paul L. Howell, is an adult individual residing :11 55 Union Church Road, Dillsburg, York Counly, Pennsylvania, 17011J. 3. Plaintiff Jacob Howell, is an minor individual residing at 55 Union Church Road, Dillsburg, York County. Pennsylvania, 17019, 4. Defendllnt Marc Andrew Vielor, is an adull individual residing lit 29 Emlyn Lane, Meehanicsburg, Cumberland County, Pcnnsylvania. 17055. 5. The facts and occurrences hereinafter relaled occurred on December 6, 1996 at or about 9:53 A.M. al or near Genysburg Pike and Soulh Markel Strcet, Mechanicsburg, Cumberland County, Pennsylvania. 6. At the aforesaid time and place the road conditions were wet bUl the weather was clear and sunny. 7. Al the aforesaid lime and place, Plaintiff Lila V. Howell was driving a ] 995 Salurn scdan. 8. Al the aforesaid time and place Plaintiff Lila V. Howell was laWfUlly and carefully lravcling easl bound in her own lane of lravel on South Market Streel wilhin the posted speed limit. l'OI ;:>.:11 I.II.A V,1I0WI'I.I. V. MAIH' i\:>':l>REW VICTOI{ 9. All of thc alill<csaid awnncnls Cllntain,'d in paragraphs through R arc reallcged and incorporatcd hy rclcrcncc as ifmorc spcdlically plead hcrdn, 10. At thc afores,lid limc ami placc. lklcmlant ~Iarc Andrcw Victor W,IS driving 1I 1992 Ford sl,llion \\',Igon wcst hound on Soulh Market Slrecl. II. Allhc uforcsaid limc und place Defcndant Marc Andrew Vielor attcmpled 10 make a lell hand turn onlo Gellysburg Pike pulling into Plaintirrs lune oftmvel causing the PlaintilTto be injurcd lInd causing severc dmnage (0 Pl(lintifl's \<ehicle that the vehiclc had 10 bc lowed. 12, AI that lime and place stated in Pamgraph Five of the Complaint the vchiclc operated by Defendant Marc Andrew Victor was caused and allowed to go out of control by traveling inlo the cast bound lancs of South Market Strcet and collided into the path of the vehicle opcratcd by Plaintiff Lila V. Howell thcreby causing the Plaintiff to sustain scrious injuries and damagcs sct fonh bclow. 13. Said collision and all of the hercinmentioned injurics and darn ages sustaincd by Plaintiff Lila V. Howell arc the direct result of the negligent, careless and recklcss manner in which Dcfendant Marc Andrew Victor operatcd his vehicle as follows: (a) In failing to kecp proper and adequate control over his vehicle; (b) In failing to kecp proper look out and rnllintain adequate look out and control over his vehicle for thc prcsenee of other vehicles on the highway; (c) In driving his vchicle in a reckless manner and with careless disregard for thc rights and safety of others and in otherwise operating his vchicle upon the highway in a manner endanget;ng persons and property in violation ofPa, C.S.A. Sec. 3714; (d) In being inattentive and failing to maintain a sharp lookout ofthe wad al1l1the SUll'''lIhlll\!: trame cOl1l1iliuns; (c} In failinf: hI yield Ihc right-of-way to any \'chiclc in the intersection when making a lell hand turn whenlhel'c was uncoming traf'lie in viu!;lliun uf 1',1, C'.SA See, JJ22; (0 In failing tu exercise the high degree of C,lrc required at an il1lerscction and in failing to maintain a proper lookout for traflic ,II s,lid intersectiun; (g) In being inallel1li\'e lInd failing to maintain a sharp lookout of the road and the surrounding traffic eondilions; and (h) Driving his \'ehicle upon the highway in a manncr endangering persons and propeny and in a reckless manncr with carcless disregllrd to the rights and safety of others and in violation of the Motor Vehicle Code ofthc Commonwcalth of Pennsylvanill, 14. Solely as a result of the Defendant's ncgligence Plaintiff Lila V, Howell suffcrcd serious pemlanent injuries including but not limited to injuries to her boncs, rnusclcs, ligarnents, tendons, soli tissue and abrasions and contusions which include: (a) headachcs; (b) neck and back injuries; (c) post concussive syndrome with relatcd mernoryproblerns; (d) nurnbncss and tingling in her hands and fingers; (c) temporomandibular joint injuries; (0 shoulder inj urics; (g) knee injuries; and (h) thoracic outlet syndrome. J 5. lIy reOlsnn nflhe a/i1rcsaid injurics sustailK'd hy Plaintiffl.i1a V. IluwclI shL' WilS forecd 10 incur liahility /i'r medicilltrL',llmclll, medicilliuns, hospitalil<uions ami similar misccllancous c,xpensL's in.1II cff(,n 10 resture herselfln heOlllh, and daim is made therc/i're, Ie.. IIcL'ause of Ihc naturc of her injuries, PllIintiff Lila V. Hnwell has heen u,h'ised and, lherclilre, avcrs that hc may he /i,rccd 10 incur simil:lr expenscs inthc fUlurc, mul claim is made there/ilre. 17, As .1 result of (he a/i,rementioned injuries, PI.lintitT Lila V. Howell has undcrgonc and in thc (inurc will undcrgo grcat physical and mental sUfTering, grcat inconvenience in cilrJ)'ing out her daily aClivities, loss of Iifc's plcasures and enjoyment, and claim is madc therefore. 18, As a result of the aforcsaid injuries, PlilintifTLila V. Howell has bcen and in the future will be subjecl to great humiliation .lIId cmbarrassment. and claim is made therefore. 19, As a result of lhe aforemcntioned injuries, PllIintiff Lila V. Howell has sustained work loss, loss of opportunity and a pennanenl diminution of her earning power and eapacily, and claim is made lherefore, 20. As a result of the aforesaid injuries, Plaintiff Lila V. Howell has sustained uncompensated work loss, and claim is made therefllre. 21. Plaintiff Lila V, Howell conlinues to be plagued by persistcnt pain and limitation lind, therefore, livers thai hcr injuries rnay bc of a pcrmanenl nllture, causing residual problems for the remainder of her IiI' clime, and claim is rnade therefore, 22, As a result of the aforesaid lIccidcnt, Plainliff Lila V. Howell has sustained or will sustain scarring, which will result in a penn anent disfigurcment, and claim is rnade therefore, WIII'IH+OIH', Plaintiff I.ila Y. Ilmwll ,k'lIIalHls judglllcntof Ihc Dclendant ~Iarc Andrcw Yiclor in ;11I alllount in C,\CCSS of Thin)'.lhc Thousand and 001100 (SJ5,OIXI.00) Dollars ;nul in C\C','ss ofthc ;nnount rcquiring conll'ulsory al'hilralion. COlJ:-iTII PAUL L. IIOWEI.L V, MARC ANDREW VICTOR 23. All of the aforcsaid avcl1ncnts containcd in paragraphs through 22 arc reallegcd and incorporaled by refcrence as ifmore sl'ccilically plead herein. 24. As a resull oflhe injuries Lila V. Howcll slIslaincd, Plaintiff Paul L. Howcll has been and will be deprivcd of Ihe assislance, companiollship, consonium and socicty of his wile, all of which have bccn and will bc 10 his great damage ;lI1d loss. WHEREFORE, Plaintiff Paul L. Howell demandsjlldgmcnt of thc Dcfendllnt MlIrc Andrcw Viclor in an amount in exccss of Thiny-fivc Thousand and 00/100 ($35,000,00) Dollars and in excess of the amount requiring compulsory arbitration. j , Datcd: ~-?-(jL t } I r . . ", to , " Dusan Bratic lD # 19249 101 South US Routc 15 Dillsburg PA 17019 (717) 432-9706 Allorncy for PlaintiCC ,II. i I r:~;,. /i, 1\ , J f1 ' !j 1.11.,\ Y. 1I0WEI.!.lIl1d l'All!.!.. !lOWEl.I,lIl1d Plallltlff\ IN TilE ('()~IMOS PI.E,\S COlJln OF ('LJMIIEn!.,\NU ('OllNT\'.PENNSY!.V,\NIA \'. CIVIl. A(TION NO, 98-(,HOS ~IARC ANunEW "JeI'OR. Ucfcndllllt ,'\In\' TnIA!. UEJ\lANDED (,FRTI~'I(''\T~' O~. Sj.'IH'I('F I HEREBY CERTIFY that a lme and correct copy of the Plaintil1's Complaint was furnished by first class mail, postage prepaid, lhis L dllY of June. 2001 to: John R. Ninosky, Esquire Goldbcrg, Klltzman & Shipman, PC 320 MlIrkel SI., Strawbcrry Square P.O. Box 1268 Harrisburg,PA 17ID8-1268 Date: (() 1.6/ 1:~,J/''>. ~~ I ('<. ~~ C"'. M ~.~~ - ['"...... .... al'~ 0. Q~ 'Cl 8':" ct. 1~~ ./. c_ I re\.1J :!': (';;'":0 SI(n !~ ;:1 'J~o... -, \!5 $< CJ a CERTll'lCATE PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OF. COURT OF COMMON PLEAS JACOB HOWELL AND LILA HOWELL TERM, -VS- CASE NO. 98-5-6805 JOHN V, VICTOR, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Ruie 4009,22 MCS on behalf of JOHN R. NINoSKY, 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: 06/26/2001 ().rC~ ~alf of '~~~Q~IRE Attorney for DEFENDANT oEl1-261454 62S62-LO~ , COM MO/l.WEA L TH OF PE~NSyt V ANIA COUNTY OF CUMBERlA.."D JACOB HOWELL 6 LILA HOWELL VS FiI. ~o, 98..S..~805 JOHN V.VICTOR,LINDA VICTOR 6 MARC ANDREW VICTOR TO: SUBPOENA TO PRODUCE DOCUM~"'S OR THI~GS FOR D[SCOVERY PURSU,,-".,. TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: BEAUDRY ORAL SURGERY l".m. of ""0" or Endry, \o\'i:hin rwt~. r:o} dlY' &h" un'ie. of tN. ,ubpo<<f\J,. you At. ordltt'd by the caurt to product thl followin! docum,ntl or "ins.: SEE ATTACHED . .. MCS GROUP INC" 1601 MARKET ST., #800, PHILA.,PA 19103 I.'ddm.t You m'r d.li,..r or m.ill.pbl. copl.. of th. doculII.nto or product'hin!:I nqa....d br thi. .ubpOlnl,'os"'or wi'h 'h. c,nlfiCJIf 0: compliance. to chI party mAk.ins: this rtqunt.at rh.ldcinsl listed abov,. Yau n.,,', the right 10 suk. in .d,''''''.''' :ouon.bl. cot! of prtplrins .h. copi.. or produdns ,h. thinp _!hL tl you h..il te ~oduce thl documlnts or thin!, required b~ chis subpolN. wit.!-J-n tw.nty t~) dol'" &iur its stn'lee. tn, puty len"in! flUs I\::)polnl may SIlk.. (oun ord.r compelling ~'ou to comply with r_ TH[S SlllPOENA WAS ISSUED ATniE REQUEST OF THE FOLLOWING PERSON: ~""ME: JOHN R. NINOSKY. ESO. ....OORESS: 320 MARKET ST" PO BX 1268 HARRISBURG. PA 17108 TElEPHOSE: ?1 ~_?lL~_nQnn Sl,;PRE.\{E COl..-RT [0 f': .-\ TIOR.'\E'l FOR: OF.FFNTlAN'I' 0... TC: ...J L.I....A "\ t= ,Z/ ;;;t06 I ( . Seal of the Court IE!f. i (97) EX.)IANATION OF REQUlRm) RECORDS TO: CUSTODIAN OF KE('OIWS FOil: BEAUDRY OMI. SlIlHiEIW J(.oo OLO (iE'ITYSIIUK(j RIM!> CAMP 1111.1., I'A 17011 RE: 62562 I.JIA HOWELL INCLUDING REI'ORTS, DENTIST'S REI'ORTS,I{I"( 'OIlIlS, X.RA Y REPORTS, Mill REPORTS, HOSPITAL RECORDS, EMElHi/;N< 'Y HOOM IlECOIWS, ETC. Any and all records, correspondence, files and rnern"l..ndums, handwrillen notes, original X.Rays, bilhng and payrncnt le,"lds, rcl,lIlOg III any exarninalion, ,onsuhation, care or treatrncnl. Dates Requested: up to and including the pre<t'nt. Subject: LILA HOWELL 55 UNION CHURCH ROAD, DILLSBl'RG, PA 17019 Social Security H: 536-68-2675 Date of Birth: 08-21-1958 5U10-309508 62S62-LO~ CKRTIPtCATK PRERKQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22 IN TilE MATTER OF. COURT OF COHMON PLEAS JACOB 1I0WELL AND LILA 1I0WELL TERM, -VS- CASE NO. 9a.S-680S JOliN V, VICTOR, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of JOliN R, NINOSKY, 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. 06/26/2001 JOliN R. NINOSKY. ESQUIRE Attorney for DEFENDANT DEll-2614SS 62562 - L 02 !::O,\t.\fOl'''WEAI. TH OF PE~N~YL V ANI~ COU~TYOFCUMBERL ~Q JACOB HOWELL & LILA HOWELL VS JOHN V,VICTOR,LINDA VICTOR & MARC ANDREW VICTOR Fill :0;0, 'lR-S-6805 TO: CUSTODIAN OF RECORDS FOR: MECHANICS BURG FAMILY PRACTICE CENTER IS",", of Ptr'lG" or :nary) SUBP ENA TO PRODUCE DOCUME\,. OR nn~GS FOR DISCOVERY PURSUA,.",,. TO RULE 4oo9.:u I\'i:hin .....,-.ry.I::D/ d.y. "'or 1I,,'i.. of tlU. lubpoortA, you u. ordtrtd by tho "'un to produ.. .h. (ollowins do.umln.. 0' :"inS" SEE ATTACHED , " MCS GROUP INC., 1601 MARKET ST., 0800, PHlLA.,PA 19103 lAd......, You m.~' dIU"', or mlilllJibl1 ,opi.. of thl dotumlnl1 0' ProdU'"I~ rwq......d by tlU. IUbpoon"'oS"hor with 'h. ""'Ii.... 0: ,o"pliln.., 10 Ih. pany mllclns ,hil "qu..t ., Ih. Id.u.u Uottd lboY., You hI\'. Ih. riSh',o ""., in .d...n", Ih. "uon.bl. .011 of propltinS tho .opi.. 0' produdnSlh. 11Un5l_snL If ~'ou 10;1 ro ;::oodu.. 'hI dotumln.. 0' 'IUnSSroqui"d by 'ltil .ubl'OfN. W;1~.u.lWlnry (:!OJ cI~"Ii"r i.. ""'''', rho PUT)' un'inS r:us Il:'pofn. may IHk ~ COurt order campelJing ~'ou to compJy with h. THIS SL"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: .\'A.\fE: JOHN R. NTNOSKY. F.SO. ADDRESS: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TEtEPHOX:: ?1 ~-?!'h_nonn SL'PRE,\fE COURT 10 I: A lTORSE'\' FOR: nl'l'l'NnANT DATE: ,it..!, \p .<..; .J...O(")/ , PnHllonotarylOlII'Ic. Civ: VIii on d,~" P. ~~/7_V'_/' "- SuI of the CoUrt ~ff 7 :9;") ....' EXPlANATION OF REQUlREI) RECORDS TO: CllSTODIAN of I{F('oIWS FOH: MFCIIANICSIlUIHi FAMILY PHACI,!<'E 122 S. FILIlEHT STHEET MECIIANICSIlUHO,I'A 17055 RE: 62562 LilA 1I0WEI.L INCLUDINO REPORTS, DENTISTS' REPORTS/RECORDS, X-R1\ Y REPORTS, MRI REPORTS, 1I0SPITAL RECORDS. EMERGENCY ROOM RECORDS, ETC. Any and all records, correspondencc. files and rnernorandurns, handwritten notes, original X-Rays, billing and payrnent records, relating to any exarninalion. consultation, care or lreatrncnt. Dates Requested: up to and including the present. Subject: LILA HOWELL 55 UNION CHURCH ROAD, DILLSBURG, PA 17019 Social Security #: 536-68-2675 Date of Birth: 08-21-1958 5UIO-309418 EXPLANATION 0... REQtlllum RECORnS TO: CUSTODIAN OF 1{J;('OIWS HlJ{: IIARIUSIIURO IIOSI'ITAI, III S, FRONT STREI~T IIAI{I{lSBURO, "A 17101 RE: 62562 LIlA IIOWEI.L INCLUDING REPORTS, I>ENTISTS' RECORDS/REPORTS, IIOSI'ITAL J{ECORDS, EMERGENCY ROOM RECORDS, ETe. Any and all rccords, correspondcnce, filcs and mcmorandums, handwritten notcs, rclating to any CXlIrnln31ion, consultation carc or lrealmcnt, Dales Requesled: up 10 and Including Ihe present. Subjecl : LILA HOWELL 55 UNION CHURCH ROAD, DILLSBURG. PA 17019 Social Security H: 536-68-2675 Dale of Blrlh: 08.21-1958 5U10-309420 62562_L03 CERTIPICATE PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF, JACOB HOWELL AND LILA HOWELL COURT OF COMMON PLEAS TERM. -VS- CASE NO, 98-S-6805 JOHN V. VICTOR, ET AL As a prerequisite to service of a subpoena for documents and thIngs pursuant to Rule 4009,22 MCS on behaif of JOHN R, NINOSKY, 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: 06/26/2001 JOHN R, NINOSKY. ESQUIRE Attorney for DEFENDANT DEll-261457 62562-L04 EXPLANATION OF REQUIRED RECORDS ,.. c t.; . TO: CUSTOI>l1\N OF RECORDS FOI{: II1\RRISIlUIUi 1I0SI'IT1\1. 111 S, FRONT STREET II1\RRISIlURG, 1'1\ mOl RE: 62562 LIlA 1I0WEl.1. ! ~ ~ I INCLUDING REPORTS, X-RJ\ Y REI'ORTS, MRI REPORTS, Any and all X-Rays pertaining to patient, Dates Requested: up to and including the present, Subject: LILA HOWELL 55 UNION CHURCH ROAD. DILLSBURG, PA 17019 Social Security II: 536.68-2675 Date of Birth: 08-21-1958 SUlO-309422 62562 - L 04 CERTIFICATE PREREQUISITE TO SERVICE 01' A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OF. COURT OF COMMON PLEAS JACOB AND LILA HOWELL TERM, -VS- CASE NO: 98-S-6805 JOHN V" LINDA, AND HARC A, VICTOR As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of JOHN R, NINOSKY, 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: 06/26/2001 ( 1/ cs onp;}lalf of.' J-.A1. 1 j' J'?.-I_,c-<.-;j ~-JOHN'IR, NINOSKY, ESQUIRE v Attorney for DEFENDANT DEl1-261451 62557-LO~ COMMONWEALTH OF PENNSYLVANXA COUNTY OF CUMBERLAND IN THE MATTER OF. COURT OF COMMON PLEAS JACOB AND LILA HOWELL TERM, -VS- CASE NO. 98-S-6805 JOHN V., LINDA. AND HARC A. VICTOR NOTICB 01" INTENT TO SBRVE A SUBPOBNA TO PRODUCB DOCUMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 MECBAlfICSBlJRG FAMILY PRACTICE IlARlUSBlJRG HOSPITAL IlARlUSBlJRG HOSPITAL MEDICAL RECORDS , ltRAYS MEDICAL X-RAY ONLY TO: DUSAH BRATIC, ESQUIRE HCS on behalf of JOBH R. NINOSItY, 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: 06/06/2001 HCS on behalf of JOBH R. NINOSItY, ESQUIRE Attorney for DEPENDANT CC: JOHN R. NINOSItY, ESQUIRE' - 22740-1107 Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET 1800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-l55130 62SS7-CO~ COMMOr-.WEAL TH.QF PE~NSYl.. v A~[A COU~TY OF CUMBERLA.."Q JACOB HOWELL & LILA HOWELL VS JOHN V.VICTOR.LINDA VICTOR & HARC ANDREW VICTOR Fil. So, QR-S-6S0S SUBPOENA TO PRODUCE DOCUM~.,.S OR TIiI~GS FOR DISCOVERY PURSUA."" TO RULE 4009.:u CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL TO: (SAme o( ""0" org.al!J Wi:hin rwf~'l:.o) dJYs Ut,r un'in of tlU. subpoen.a. you III ordertd by the C'Ourt to produce the (ollowing documents or ,oinS" SEE ATTACHED " MCS GROUP INC.. 1601 MARKET ST,. #SOO. PHILA..PA 19103 IAdd..", You ml~' d.ik'f!' or m&iJ l.pbl. ,opin of the documents or producttftlnp l"Iq'aftlfd by tnil subp~na.logfther with thl Certl(jUI. a! cOEnpli&nC'f. to the P&I1"Y a'1u.Jng this tequtst.u the Iddral Uaed .bov,. You tu,'. the right to ~fei<. In .d"In...lil. ",..on.bl. COil of prop";"! tho copi.. or producins tho ttUnp -SilL I( ~'ou (~J Ie ~oduce the documents or things requited by this lubpotN.. wit!-..in t'Wfnry (~J C&,'s aiter its sen:II:!'. the;:Jury un'ins :;u. s~=,pofn. mlY IHk,l Court order compelling ~'OU to comply with =.. THIS SLllPOENA WAS ISSUED ATnlE REQUEST OF THE FOLLOWING PERSO:-:: SA.\1e: JOHN R. NTNOSKY. ESO. ADDRESS: 320 MARKET ST.. PO BX 126S HARRISBURG. PA 1710S TELEPHOSE: ? 1 C;_?/i,,_nann SL'PRE.\IE COl.iRT 10 .: A rrOR."~' FOR: nFFFNnANT DATE: ......)'JA)P 4 aOClI , PnHtlo"*,,101rir. Ovil 1'0" 00-. n P ~"/Uy. r-- "--- Seal of the Court .0' ... COMMONWEALTH OF PENNSYLVANXA COUNTY OF CUMBERLAND IN THE HATTER OF. COURT OP COHHON PLEAS JACOB AND LILA HOWELL TERM, .VS. CASE NO. 98.5.680' JOHN V.. LINDA, AND HARC A, VICTOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE OOCIlHKNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HECBANICSBURG FAMILY PRACTICE IlAU.ISBOllG HOSPITAL IlAU.ISBURG HOSPITAL HEDICAL RECORDS , XIlAYS MEDICAL X-RAY ONLY TO. DaSAII BRATIC, ESQUIRE HCS on behalf of JOIIH R. NDlOSItY, ESQUIRE intends to serve a subpoena identical to the ODe 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. tb~ the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returnina s_ to HCS or by contacting our local HCS office. DATE. 06/06/2001 HCS on behalf of JOBH R. NINOsn. ESQUIRE Attorney for DEFEIlDAIIT CC: JOIIH R. NDl051tY, ESQUI1I.E' - ZJ'~II" Any questions regarding this matter. C..lact THE HCS GROUP DlC. 1601 HARDT STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-155130 62557-COJ.. COMMOI'o"W1:AL TH OF PESNSYL VANIA COU~TY OF CUMBERlA..'>:O JACOB HOIIE1.L 6. LILA HOIIElL vs Flit So. QR_S_6805 JOHN V.VICTOR,LINDA VICTOR 6. MARC ~~REW VICTOR SUBPOENA TO PRODUCE DOCUMD.'"TS OR THl:--:GS FOR DISCOVERY PURSUA."'-iTO RUtE4009.21 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL I'."" 01 ,,"on or C.rui'!) ""i:hin rwf~' 1:.0) dIY' &It,r IIr'\'ice of tlU. lubpotf\l. you UI ordered by the C"Qurt to productlh. followins document' or .hinSS: SEE ATTACHED II MCS GROUP INC., 1601 MARKET ST,. #800, PHILA.,PA 19103 1,'dOlft.1 You m.~' d,U,,"f or maill.pbte copin of tho docu",.nto or produce'hin9 rI'lunlld by ,hi. lubpoonl.,oS.'h.r wi.h 'h. certIficate a: COa1plianc:t. to the pury cn&kins this requ"1 It the ..ddnsl llIcl'd .bav.. You M\'I the ri5t'U to stew.. in .d'."'''. >h, ,,"uon.bl. co.,of propann! 'h. copi.. or producin! ,he .hlnss.....Sht. 1! you fl,jl to ;:'='OdUCf the documentt or tNngs requind by tlUs subpoena. wit!-Jn rwtnry (:0) ~a~" &ftlt ill Ifr'\'l('. the PII'TY len'ins ::UI It::,potna may ,"k a court order compel1in! ~'ou to comply with~_ THIS ST..llPOENA WAS ISSUED AT TIlE REQUEST OF mE FOLLOWING PERSON: SAME: JOHN R. NtNO~KY. ESO. ...DDRE55: 320 MARKET ST., PO BX 1268 HARRISBURG. PA 17108 TELEPHOS:: ?l c;_?I.~_nQnn Sl,;PRE.\IE COUIlT 10 t: ... TTOR.-;E'r' FOR: OFFFNTlANT .~~5"i2.~ Prochonowy/Cmc. i'lotl a~ () _p, ~flA.A1'~) ,'i.. >::~,'~~) ',";;'):- i ,.:,1'Ii ....-.;.;",.~Mh ~!f.'. :,,':','90'\:";""~ DATE.: ........)'0 "p 4,:;l.D6J , '--- Sui of the Court EXI)IANATION OF REQUIRE() RECOR()S TO: CUSToDIAN OF 1{lnllWS F!1I{: IIAIUUSIIUIW 1I0SI'ITAI. III S, FRONT STREET IIARRISIIUIW, M 17101 RE: 62557 JMX>IlIIOWEI.L ANY AND ALl, X-RA Y ({EPORTS ANI> MRI REPORTS. Any and all X.Rays pcrtaining to paticnt, Dates Requested: up to and Including the present. Subject: JACOB HOWELL 55 UNION CHURCH RD.. OILSBURG" PA 17019 Social Security If: 194-74.3302 Date of Birth: 09-15-1993 5U10-3094146Z557-L03 " ", ,. 1:..1 ; i :. ~ ", , , :,:,:\;.- ., !\... P'" "":"';1", :11'; '-'L 1 I:;' , .' .1'.., : ., i': ~.: /,,:.; ~ ANSWER WITH liE:!LW\.'J:J'.E:JL'I:Q~r.~IJ:~L~IFFS~OMPLAINT !~ur) ;.LY:}, -'orne':.. : ii" :"':"[1 Ll:I' I r.!.lt . r'\nd,:.->';,' ~.Ji(:~.or, b~/ and :':h~-(,'Lqh h~:-3 '.>")\;:i;:;(' ~, :,j/). ,',', , '0, ~',:' ::mt::: :; ::;t! j pr:kul, r. C., ioJho file::; lrllS An:::;w'_!r- ','jjth t';f?ltl i"ldLt,-~~ [J'y' r"'~~p('ctfully stating the follo~'Ji..nq : 1. Dcnjed. fl.ft.'-'L' r.",'J3()nahi_.--~ in\/c~;t:i_~Vjtion th0 Defendant is without sLJfficient knowlerJge or itlformatioIl to [ornl a belief as to the truth of the averrnents co~tained in Paragraph 1 and the same ~re therefore denied dnd strict proof demanded at the time r)f trial. 2. Denied. After reasonatlll? investigation the Defendant is 'dithout sufficient knovdt:,jq.? or ::lfCirmi'I\_.ion to form a belief as to the truth of the averrnenLs conl:ained in Paragraph 2 and the " " ':,' . ~.' , , I . . , "', . ~;, I:" ..:' ;,. " " " i;' 1 , , , j ,', ':ll' IllS l ~}n>; I; 1 .1": ,I:. j : .:>;-.;rJ,n:;, (l'\!.':lU".1 ,." : h.o ri-~i!: dr',,' :;t.(.,': " j, ~) . [Il:n :pd. I':' :";",; ..:.:-; '1';> c(;r~(.~:~i:-;LGr~S 0: __d','; ,-!:~ d re:::;pO!ls.':, Ls decmc:d :-P'~JU ~ ~.1 i, are specifically ciell.i~):j. -, ; , De:licd. l\~'t_,.': :'t~:'l:';'::jnd:, , , I: J.. 11: . ~ ' " I' .:",. l:<l: :. .. d.:. " [1:;(' i :_' r'.:Ql1 i r.:~d. ! ~ :": " ,j':.,:::,"':-:..., " 'r,n~. d : ::._,!j :';t l~:;.\j i:; Pil~-.ICJrdpr;.) C'Jntd1.n :"~:i~)~I~Se Ls ft'qllired. It ,~~0r::10~ts ~ontain0J ~herein ',...;it.hout sufLicienl knr:)'..;lt~dc:':> ','it :.;;:":;rma:..ion to form a belief as ~nv0stiqQtion the Defendant is to the truth of the a'l'!rrr:.~"'rl::,.:; co::::ained .:.n Paragraph 7 and the ScHnE:- arc t.hereforE' (i~~:: .,--j J::d :-;~- ~ of trial. " )CJ f d~~m;'J !lded a t the time 2 '! I: NEWmMJ\TTER ,to '.' . , II ~ : I: " /'-j. 'I'h,~ ~"; ,"1' \ :-;::1:,1(' ': ~_: : I" ! J ~ ',I: :1'-' ':111:;;.' 1 ','dl:: d :'lo:.,,)! ...':; I' '1 ,. (.'l:; I:: , " ';;!JI... j,d't:, "; ( ~-'d. ,'" (' 1\ I..-.,J.t\. 51 7U 1, p' .' ~-;' ':J . "'/ '- '.i'tl<;jt i'l d: r:' . I , :',. r:'" I~' !I ~ : ,_'d :1'/ :_ t:",-, ,". , ~ rn i t ("I tort" ')Ft' 11", ,'~ '; 11 ;- ":. j,t s,_~:,: . ,. :: 8 . Ttidt :.' U" 'I:. j :: ',7 J ; ~ 'J (; n .:.~..;. 0.' the part ()f the D':f'~:ndLHlt. ~'/hi " nfC~'-llilv~n ',-, ~.-) ':::-:rrcssly denied, a.ny such neq 1 i ::h:::jCf.'~ ',-Jc-J.'; II P 1'1.',;.:: :~'kl t.. t,,' :-~d U !-:if: (I: any J , , damages alleqed OJ' t h(~ ::, 1 ,';:-1:' II'. J. :__ ,:,. J.;:-' . 29. That the accident !Tl(l''/ ~l.'l'J(' bE!en unavoidable. I 30. The acci.dent n:a',/ !lcl':':-' :>:~". ~cJJsl<i b',' .-: ',. d -i~:~ n ;'" r emergency, 31, That the alleged injur,c,s suffered by the Plaintiffs were caused in whole or in part !1Y t~le negligence of the Plaintjffs and to recover In rtli,s action is barrecl or diminished in accordance with the Penns'/lvilrlia Comparative Negligence Act. 5 " , ,)~ fl~q'~I~,.. ,- . >.,' .,-.,', ... ! ,.. :, .. ll:-.: . 'i -,; : i; 6 Vr:I'1 I-'Ir'/",'!' lOll I, r~ilrc ^"dH'W Vlctol, I'>lv" ",ad the lor"'J"III'] and hereby affIrJll that it is true alld correc\. t.o the best of my personal knowledge, or informatioll illld bel ief, This Veri fication and statement is made subject to the penalties of 18 Pa.C,S. 54904 relating to unsworn faIsification 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, 54904. IL ~. ji,'~ Andrew Victor r1arc DATE: 10/11 lei 64589.1 II"; ! ~-.' (, : LILA V, HOWELL and PAUl. L, HOWELL, III THE COURT OF COr~ON PLEAS or CUMBERl.AND COUNTY, PENNSYLVANIA ( ~ I J Plainli Us v, NO. 98-S-6805 CIVIL TERM CIVIL ACTION - LAW MARC ANDREW VICTOR, Dcfcndants JURY TRIAL DEMANDED i I ,~. " ',.t ORDER AND NOW, this day of , 2001, upon considcration of Defendant's Motion to Compel Discovery, and Plaintiffs' response thereto, if any, it is hereby ordered that Plaintiffs are hereby ordered to answer Interrogatories and Defendant's Motion is GRANTED. '~~;I- Jr' to produce documents within days of this ORDER. Failure to comply with this ORDER will result in sanctions pursuant to Pa,R,C,P, 4019, BY THE COURT: 72022.1 J, . . John ~. 1l11lo5ky. L'i'iu11.' 1.0, 1"18000 GOLOBt:RG, KATZMAN & 511 r PMNI, 320 M.1Cket Slcco('t P.O. Box 1268 II,HIlsbureJ, I'A IJ10H"J;~(,tl 1'11"11 n4-4J(,j Attollley" {or V,. t l...'llCJ<lZll P.C, LILA V. 1I0WELL and PAUL I" HOWELL, P1ainti ffs IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 98-S-6805 CIVIL TERM CIVI!, ACTION - LAW 11ARC ANDREW VICTOR, Defendants JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW, comes the Defendant, Marc Andrew Victor, by and through his counsel, Goldberg, Katzman & Shipman, P,C., who files this Motion to Compel Discovery by respectfully stating the following: 1, This matter arises from an automobile accident which allegedly Occurred on December 6, 1996, at or about 9:53 A,M. at the intersection of the Gettysburg Pike and South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 2, Plaintiff, Lila V, Howell, claims to have suffered personal injuries as a result of this accident, 3. OIl t.1:IY Id, ;,'ufJl, Defcnd('Jtlt :jl.'rved 1:1tertot}r1lorie::; and c'l Request for Production of Document,; on Plainl1 ff:!. Attached hereto as Exhibit "AU is a copy of the Interrogatories, and attached hereto as Exhibit "BU is a Request for Production or Documents, q, PlaIntiff did not respond to the Interrogatories or produce documcnts within the time period defincd by the Pennsylvdnia Rules of Civil Procedure. 5. On October 18, 2001, Defendant's counsel wrote to Plaintiffs' counsel requesting that there be a rcsponse to this discovery within two days of the date of the letter. A copy of this letter is attached hereto as Exhibit "CO, 6, To date, Plaintiffs have still not provided Answers to Interrogatories nor responded to the Request for Production of Documents. 7, Pennsylvania Rule of Civil Procedure 4019 (a) (1) (viii) states the following: The court may, on motion, make an appropriate order if a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. Pennsylvania Rule of Civil Procedure 40l9(a) (1) (viii) states the following: The court may, on motion, make an appropriate order if a party or person otherwise fails to make discovery or to obey and order of court respecting discovery. 2 , 8. Pennsylvania Rule of Civil Procedure 4019(c) (5) states: The. cOllrt, whr>n actin,) undcr subdivision (a) of this rule, may make such order with regard to the failure to make discovery as is just, WIlEREFORE, Dcfendant respectfully requests that this Honorable Court enter an Order compelling Plaintiffs to answer Interrogatories and to produce documents. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. ),' /'I1~ ~ By - /.'/1,'.. / ((~ John R, Ninosky, Esquf e I, D, U: 78000 P,O, Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Date: I)_'ll:; t. 72022.1 ' /. 10 I 3 . . o . << Exhibit A John R. Nino.'Jky, .::lqulrl' I. [J, 178000 GOLDBERG, KATZMAN' SHIPMAN, r,c, 320 Market :;trept 1',0. Box ]2(,0 Ilarnsburg, PA ] nOB-Jill,S (717) 234-4161 Attorneys for Defendant JACOB and LILA HOWELL, Plaintiffs IN TilE COUHT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98-S-6805 CIVIL TERM JOHN V, VICTOR, LINDA VICTOR, and MARC ANDREW VICTOR, Defendants CIVIL ACTION - LAW JURY TRIAL DEr~ANDED INTERROGATORIES PROPOUNDED BY DEFENDANT FOR ANSWER BY THE PLAINTIFFS TO: Plaintiffs, Jacob and Lila Howell, and their attorney, Dusan Bratic 101 South U.S, Route l5 Dillsburg, PA 17019 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No, 400l, et seq., to serve upon the undersigned within thirty (30) days after service of this Notice, your Answers in writing and under oath to the following Interrogatories, GOLDBERG, KATZMAN & SHIPMAN, P.C, ~ ((N~ By John R, Ninosky, Esquire 320 Market Street P,O, Box 1268 Harrisburg, Pennsylvania Attorneys for Defendant 17108 DATE: ~ 1'<<:, doO! Telephone: (7l7) 234-4161 DAUPHIN COUNTY STANDARD INTERROGATORIES ;l:NTRODUCTION SCOPE, -- These st.dndolrd interrocJat.ories have been approved by the Court of Common Pleas of Dauphin County for use in all matters subject to Rule 4001 of the Pennsylvania Rules of Civil Procedure. A standard interrogatory should be used only where relevant to the facts oC the case and should be designated as a Dauphin County Standard Interrogatory (e,g" "D,C,S.I. No. 101"), Each standard interrogatory, including subparts, constitutes one (l) interrogatory for the purposes of Dauphin County Local Rule 4005. The subject headings are for organizational purposes only and do not limit the otherwise proper use of the interrogatory for other subjects, A standard interrogatory is presumptively permissible where relevant, and objections thereto generally will not be indulged. DEFINITIONS, -- The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained, . "Id(.!'ut.ily" or "Identity" rnPiJn~j \-IlJl.'fl u:.(.<J lfJ (PIPI"IH'!' tu: (J) t'lldlllr.:JI p"r:;oll, hi,; 011,"1: (d) lull n.:Jme; and (b) present or last f:nowlI residellc,' 'HId employment addrc':;s (including street name and number, city or town, and state or county); (2) A document: (a) its description (e,g" letter, memorandum, report, etc.), title, and date; (b) its subject Matter; . (c) its author's Identity; 1 ,\ , (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and . (I) the identity 01 b.ch per:lOll wll" w.,,; pre"elll whf'1l :il1ch cornnHJoiCiJliOIl Will. tndd(.; (4) A corporate entity: (a) its full corpordte name; (ll) its dale and place o( incorpor..lion, if known; dnd (c) its present aodress dnd leJeplaorlt: number; (5) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, associa-tion, corporation, or government agency. STANDARD INST.RUCTIONS, -- The following instructions are applicable to these standard interrogatories: (1) Duty to answer, -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you, Objections must be (3) Option to produce documents, -- In lieu of signed by the attorney rn"king them. In your ..n:;w<;/:;, you mUllt furnillh such information as is available to you, your employees, representatives, agpnt:i, (lod attorneys. Y<llll dll!iWI.'I:; rnu:;t tH~ supplemented and amended all required by till' l'enll:Jylvania Hules 01 Civil Procedure. (2) Claim of privilege, -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories, ". \ "; . 2, (D,C,S,I. No. 10~ In"YI:~ -- If you ill'> covpred by any type of ifl!iUl'illH"'" ll1c'ludlllq dllY PXf''':~:; or um111"<.>}]a insllrancp, thdt lT1iqht b,. .I}'flllt',dlll' tn tll(. If1cid(~nt in thi.:"l matt.er, ,r;t.1f(1 I tip !<Jllc;~;iflq ..-1th rfl:;ppct to (!.-Ir.h :;uch policy: a. The name 01 the il1~HH,.lnC(~ c,lfripf which i:3~:jued the policy; b, The named insured under each policy and the policy number of each policy; c, The type(s) and effective date(s) of each policy; d, The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and e, Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: f' 1-= '\', ! 6, (D.C,S,I. No, 1061 Statements, -- It you kllow 01 ,IIIYOllf' that ha:, qivcn any statement {d:i df'f inf'd by t hI' H\ll..~; of Civil Procedure} cOllcerninq thi:i dell(III UI lt~. :'lIhl',(.t mattf.!r, ntalC: , a, The identity of such persoll; b, When, where, by WhOIll, and to whom edch ';l.dtelll"nt WdS roude, and whether it was reduced to writlll,! 01 otherwise recorded; and c, The identity of any person who has custody ot any such statement that was reduced to writing or otherwise recorded, ANSWER: , \ 7, 112....1:.. S, I, No, ~..Q.ZJ--RI'PJlr..tLQJ'Jnl:;j.gl'nL. -- 1 dellt i f Y documents ((IX('('pt rf'(>olt~, of I'Xpf'Jt:~ :;tlll]PCI. to Pd. H.C.P. tJo. 40()].~J) Whlt'li dt':ii'lllll'IIII' 11I1'11JI"1I ,If tllf'CdU:iC' t hl" r t~1) t . ^Nr;WF.H: 9. (D,C,S, r. No, 110J Demon.strative evidence, __ I t you know of the existence of any photo<jraphs, motion pictures, video recording~1 maps, diagrams, or mod~l~; relevarlt 10 ttl(. incident, :itilte: .'1. The natuu! 0r type ot such item; b, The date when such item Wil:; milde; c. The identity of the person that prepared or made each item; and ANSWER: d, The SUbJect that each item represents or portrays, 11. m,C,s.r, No. 112) Tri.al wi.tnesses, -- Idenllly ".1<'11 1'''1'''''' you intend to call as a non-expert witness ill tll..' t: I,d 01 thiS CiUJO, and for each person identified :;1<11 ,. Y"'H reI at 1 onHh i p wi th the wi t.ness and the :~Ub5t.dll(~1' lit till' f .11'1 :. Lo wlliclI tile witne'ls is expected to te"tily, ANSWER: . I , f :1/ . 14. (D,C,S,I, NQ, 20'J1 In;udes /I..nsL~~JlJU!~j!.tLAl_J,.99C!~L -- Identi fy Id 1 in:i\lri(~:i or di:il'.I:,jf1, t hilt you dIlt.qt' Yllll suffflrfld dB r(..!!adt ot t1H~ illcid,qll. ANSWER: . 18. (D,C,S,I, No, 204J EarninQs before the incident -- For the period of thn,,' years immediately prec..dinq t.he da1<' of t.hl' incident, stale: a. The name and address of each of your employers or, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; b. The dates of commencement and termination of each of your periods of employment or self-employment; c. The nature of your occupation in each employment or self-employment; and d. The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year, ANSWER: . 19, fD.C,S.r. No, 205~~~n1P~-Aftor tho incident. If you hav(l pnqaqed ill Ollf! Of mono fJdlnful occupation:; :iubsequent to Ulf' d,lt.e of thf' irH,"1th'llt, ~..t.lle: d. 'I'lll' IIdflH,! dnd dddZf':,:i (jf "(j/:tl of your cmpJCJyt.,:; or, i1 you wc~rc :ad 1-cmplol'l:d .It dIlytimc :'-;Ub::;cqtH!l1t to thr:! IJlcident, ('deh u! your bu:d ne!J~..i addreSSf)~j dfld the' lldlTlC 01 the buslnl'ss while sl'l t -?mployed; b, The dates 01 commencement and termination of each of your periods of employment or self-employment; c, The nature of your occupation in each employment or self-employment; d, The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year; and e, The date (s) of any absence (s) from your occupation resulting from any injury or disease suffered in this incident and the amount of any earnings or other benefits lost by you because of such absence(s). ANSWER: . ..... 20. fD,C.S,I, No, 206J~_~mitation of d~~jes and activ~ties after the incident.... -- If, ,)" ,) 1"';<111 oj Uti:; 1 IIC 1 <1('111 , you have l.Jeen Ulldlde lu pt'r fOIm (ltl)' uf your cu:;tomdry occupationaI dutieo or Docinl or olher activities ill the same manner as prior to the incidc!l1t, statt." with particularity: a. The duties and/or activitieo you have boon ullable to perform: b, The periods of time you have been unable to porfono; and c, The identity of all persons having knowledge thereof, ANSWER: . 22. fD,C,S,I. No, 20B} Physical or mental disabili~ -- If you were under any physic.]l O[ ment.al di,;,)biIiLy "t. t h" time of the incid(,nt, expL.lin Lit" din,)bi 1 ity, ANSWER: . 23, fD.C,S,I, No, 301! Motor vehicle information __ With respect to illl motor v"hicle'~; invoIved in the incident, !Jtatc: a, The idcnljt i('~ 01 tlw Ownel (s) ilnd operiltoll~) 01 each vehicle; b. The identity of the passenger(s) in each vehicle, if any; and c. The make, model, ilnd year of each vehicle; ANSWER: . . ,,0 Exhibit B .--r'."r-~ ~~ . . 2. All "Xllf'f-t rpporlB, opInion:;, :;lJn'Jn,lIU.~:; or I)th('1 writing~1 in your Cll:ltody or conllol, ,>/ In 'h" cU'ltody or control of your t1ttolll.'Y or ill:itJJt'~r:l, WhlCh IPldf" tu tlll' :;IIIJjl'ct Illdttpr of thi::; ) iti'l.,Lion. 3, All documents, correspondence or other drawings, sketches, diagrams, or writings in your Cll'ltody or control or in the custody or control of your attorney or insurers which relate to the subject matter of this litigation, 4, All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorneys, during the investigation of the incident in question or of any of the events or allegations alleged in your Complaint, Such documents shall include any documents made or prepared up to the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics, 5, All bills and/or invoices paid or alleged to have been paid by you, which relate to the subject matter of this litigation, 6. All photographs of any item or thing involved in this li tiga tion, , . IJJ OIl"'~H F.l.u SIIlI'\l\'" )11\111"\0. Leu... ,\MllII'N I.. (jOI.lIt'J-WI, (1l/,1I,j.':U1JUI II.\MIt\ n. (jOl,PHN1. IllJIII.I".JX) "tl~.\I.11 ~I. 1\\11.\1\' 11...n.}. E'll'lI'lIIO NElI.III:~UU1'''IICII J. )1\\' COol'EM TIlll.\IMi E. URJ-:"EN jOlls ,\. STXIU.:1t ""HI/' L. STN.\...li.KI'T....' CinII. IhwOKS JEHERSO:",; J. S''''''l:\:,\; h:RR\' J. RI:sSO MIC:IIM:1. J. CROCE",ZI TUOMAS J. Wf-:KJ-:R STf.\"E:\ 1-:. GRITIlIi ARNOI.D U. )\O{i...S Ron:..: L. MONRIS EVAN J. KI.I:'\I-:. III Jem:-: DELoRENZO JOliN n. N/:-':OSKY Ih\'1/) 1\1. Sn:(:KEL '.'u \1 ,tlt. I I ... I tit I I . ... I /rl \\1.'" k tl \ "".)1 \Ii I 1'0 till' l~',~ .1I\k~"'Jillll, 1./....dl\\'"H 1;'11110 1.'1,/0 71: :"<1 "",1.71; :lol '.""1'" 11,\, (j n I. I>> " t', H C; t to;.... T Z M ^ N ~.. S 1111' \t " ~. It. C . .~ I ,.," '..I I" \ I l. '" I ' 1 H, ,'()I'; :;';:;,lil !ll,lt J" !'::i"llli f.\ Br,iI 1 '.' ,HHj i'flrt k'.1 lO! Of f ice' ('entl-:-r, SU1'." r\ 101 ~;()ut.h :J.[;. r~()utJ~ 11") l"ili:;hu:rJ, !J!\ 101(' In re: HOHI~ll 'I. Victor No. 98-~;-6806 Sea:" Mr. Sratic: r 110tPrl. thilt I forwc1rd,''!d I:l~C'r.rogutories and a Request for Production of Documents to your attention on May 18, 2001. To date, I have not received a response. Please provide answers to the propounded discovery within two weeks of the date of this letter or I wIll-be forced to file a Motion to Compel. If you have any questions, please do not hesitate to contact me. Very truly yours, COpy JRN:sjb 62918, ,1 John R. Ninosky CAIlLISI.I-: Ol-FICE; 717.245.05'17. )'OIlK ()l-'FJCE: 7J7.H4.L7Qll .. dcnicd allll pmoflhcr,'of IS .km.llukd OItlrial. .11. Th,' ;t1kg;lIillns of this p.lr;'gr;ll'h arc a conclusion of law 10 which nil rcsponsi\'c plcading is ncccssary. If a rcspollsi\'c plcadillg is n"l'cssar)' thcn Ihc [)cli:nd;lIIls' allcgalion is dcnicd and 10 Ihc contrary Ihc I'laillli fr was nllt ncgligclIl al all much Icss lIl'gligcnl 10 ;1 grc;lIcr dcgrcc than Dcli:ndant and proof to Ihc conlrary is dcmandcd at trial. 32, Tilc allcgations or this paragraph arc a conclllsion or law 10 which no rcsponsi\'c plcading is ncccssary. If a rcsponsi\'c plcading is ncccssary, Ihcn thc Dcrcndanl's allcg.llion is dcnicd and proofthcrcof is dcmandcd altrial. WHEREFORE, I'laintilT rcqucsts thai thc Dcfi:ndant's Ncw Mattcr bc dismisscd and judgmcnt bc cntcrcd in "I\'or ofthc I'lainli fr.lI1d against thc Defendant. Datcd: Ii, . Rcspcctfy submittcd, ~t~' Dusdn Bratic ID 1119249 101 South U.S, Routc 15 Dillsburg, PA 17019 (717) 432-9706 Attomcy ror I'lainli 1'1' Cl c:, :") , r., , , -., . . r: , e , "...,) /'- - , " .' , . , .' ; , , , :.- c ~? , :':-J c- -... Ul =< '~'- ,1'1. Jl. ~j: tJ x:~, J' , 1.:':. .'!BOI)O l'l : : ~ GC 1.::hFP(';/ r:'\'i'/:':'\~: i:' (1 ~:.; r k ,... ~: t. ! (" '_':. l', ':1, "':-; J ;'(IJ It,l~l l'k:: J. I 'f. ! ':..,' :>i~ ': -: ; ',' I ,~'~.i. ,; I ;, I {\I,.:,'::",/~, ~',:: i~\'! :,J,:.~ .'.' Ii : I ; ~,--'_:; , i' (" !,J :'.". '.t. !!"_":'r:',f./ !i'>~'JJ.: r ,i, I; 'I I'/Y;I, ". ! i'; '~'rJ[O: '':("IUF ,; :; ,:~ !.::; '.':-: :':,:J. J;' C!J!.1Br:P! JI.!\Jr' (:,-)~~:; ~'Y . :,': ::';.:~" ':' 1 \'.\r: '; i.... " : ;l i:, t. l r fs ': ;'!O. 9;::-<~-(,;-~n', {~;I/r:. '~'f':H1.: (.' r '-/ : !. .r~: . 'j' ~ ,',"'; ,; :', \..' :,~..\;:',(' j,. ~ jl:;r'd'~','; "',' r ' '"I, -"'I jJ.::: r (,'!:~h t~ L:_: lJUi:"'"{ TF, I )\i, l':">j,'\.;,;i ':-:: 1 J~~[,.~L r; r:/\! ~.:t~~ j~I.u...:...;d.Il_~2~_-0_.~[Q~l'~~_LJ:.,.hL~~;~~~_'.:~' !'. :\r-!IJ :,jOitJ I '."):It(;~; lie D(~f..;l;c!a;::::, t.1:'""I!C ,r',Jtdr,_",': \;:('1.,,:", I~ i: ..' ") j r; h : ~ ,i;"3 ("~) 1 :!! :) ': i f (~c- 1 cib 1:-: r':j , K ,-; ~._ ~;::n ,:1 r: ,I : p~',o1 ;', , r ,.... 1.,L:- . 1 I~;~ U..j..-; P;-.:~iLio:l L~' r'~~lh..:. LL..:jC T\.i:;sol'ltU, b.-:.: [e.sfJ,~c~.fu: ;'/ ,I !~ _i Ip'J 1\. :'c J 1 o\-:i 11'~:: On :) ;.- (l~,;1,",1,' t. i','0(:'::mr-)(' r , -" )00] D,': ~C.:ll'i?l:'l!, F' i ~ I:':': j IJ~cJ i: i ,In t:) ~:('):npe] rJi~-:icG\/I'!r. y. 2. On J)(~cf_~mbt?r 17., 2001, \JudrJc 012r issllcci ~l PI:!'" llpCrt !)l':;li.!lti('(:::: tc 311'.'lh' Call.:;rJ \/hy the. [Qlief rC'qu':~t.e,-:J SilCiuid liot h(: [Jrant(~j in that_ t.~0tlon" 'The ?,\ll(-; ',Jas returna~"',!,.: L'i th_ii'o t\'J(~n!:/ (~Ol (l2Y~; of ~i~!-Vl(:0" /'\ COpj' ()[ lhe Ordc--:f" jj (:(J11:~r: i:,.; :;".t:tlc!:::~ci Ii 1{ ,- r t r-> ;':(:r(~r(' a:--; :::.;h iLd L "':\" I.. I- I .~ ,. 3. Th" Ord"r "'1.' ""1'1"1 IJI">I, PI,.IIIII f r," (''''llIsel on December 1'1, ;'1101. r, iF; II: Ull,~' F(~lur II l"'f_'cf...ipt j 5 iitlached hereto as Exhibit "B". 4. Plaintiffs hiJ')" IIUt. filo'd it r"~I'('ns" t.o Uw I<ule issued by Judge Oler. Therefore, O"fendant. respectfully requests that the Court issue an Order making tho Rule absolute. ~IflEREF'OI{I':, Defelldan'. re"pect full y : (J(luCSt.:-) that this Honorable Court issue.:,; an Older rna.kifHJ the P.ult:~ of DGcember 12, 2001 absolute. Respectfully submitted: GOLDBERG, KATZt.lAN & SHIPMAN, P.C. By 1~tAl~ John c. Ninosky, Esqui e l.D. II: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Date: 1/10(01- 73622. I 2 o o exhibit B :f. "':"" ~. 'f: . -','''''''''If . , 'tJ. . ) . Complete items 1. 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so thai we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed 10: l3/J.4fVrJ !b(lU;<.- I Q,!a~ Intel/I.. L fWko 10 / &/Icc.e (!rdL<-, . )"J{ A /6 I j)wi/t as {(clde / r- Jj;'uJ-''''f f4 tJ 17017 ~ !' o Agen' CJ Add,&Uee o Ves ONo , 102595.oo.I.l.0952 3. Sen.-iCeType 'r;l Certllled Mall tJ Registered o Insured Mail o Express Mail o Return Receiptlat Merchandise OC.O.O. 4. Rastricted Delivery? (Extra Fee) 0 Yes 'I q;I:IJJ::,LS'iin:, ' . !', '; ! ("', 1 hereby cerLi ['/ Lh"L 1 serv"d a cop'l 01 the fore(joinq document upon the person(s) indicaLed below by depositinq a copy Harnsburq, Pennsylvania, on ~~/n , 2u02: of Lhe same in Lhe United SLates m~il, posLaqe prepaid, at Dusan Bratic, Esquire Bra tic & PorU:o 101 South U.S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs GOLDBERG, KATZt1AN & SHTPl4AN, P.C. 62919,1 By ~~ j( JoHn R. Ninosky, Es ire Attorney T.D. 78000 320 t1arket street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants , ;1 1.1 I.A \" IJOWEI.1. unci PAlIl. J.. IJOWEl.I,lIJul l'lainlirr, I~ TilE C().":\IO~ ('I.EAS COllI('/' OF ('[!:\llIEIH.A~/) C()IJ~T\', 1'.X~S\'1. \',\.~IA \', {'I\'II. ,\('T10~ 1'i0. 'IH.(,H1I5 ."AHC Al'i/>JU:W \'I(,TO/t, /)dl'nclmll ,HJU\' THIAI. /)EMAl'i/)E/) CFllTIFI('.\'I'I" OF ......n.lf'!.. I HEREBY CERTIFY that u true and correct copy 01' the Plaintiff's 1r1lerrog<ltories and Rcquestlor Production 01' Doculllellls was filrnished by first class lIIail, postage prepaid, this 5'" day 01' March, 2002 to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, PC J211 Market St., Strawberry Sqll1lre P.O. BC'x 1268 Harrisburg, P A J 71 08-1268 Date: 3. r;" 0 1.. ~ ..' ([/'(;-7./// UIUlEtCATE OF SERVICE IllFllFl1V CERTIFY thai I scrved a truc and corrccl copy orlhe Illfl'glling docull1cnt 111'0111111 wlIlIsd or rccord by deposiling the slImc in Ihe Unit cd Stales Mail. lirst class, postage prepaid. at Ilanisburg. Pcnnsylvania, on the .t-" J./J day or n ;(". ~ .2002. addressed as t"l1o\\ s Dusan Ilratic, Esquire 101 South U.S. Roule 15 Djllsburg, PA 17019 GOLDBERG, KATZMAN & SIIII'MAN, P.C. ~1~{/t f(N~ V By John It. Ninosky, Esquire I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PAl 71 08- I 268 (717) 234-4161 n""Ilf.'WI'i'lI:nllll' I'I,.N:;YINNII^ CUII/J'Y C)I' 11/MIU'2/II.NJI 1.11.. V. 11,,,,,'11 /llId 1'11I01 I.. "'.....11. 1'1..111/11111 v. I i I" 110. 'IH-IIHn', H.1rc AndH'w Vh'lut. n'-'ltluJ111I1 SlAl~~,_T.:Q_PCl<O.X.:r. ~1{J,S_QlL'!liW';l$ FQrLJ>J~~I.l.'L.~SUAIlT_T!UM,J.~_ 4OQ9..Z2 TO: -1'~rk Rn.~~,~l:.Il:U. within t.wenty (20) days after' service of this subpoena, You arc ordercd by tho court to produce the followfnq docunonts or things: ,..I.QY,nf!d..IIU. medlcnl IInd dentlll !:,,~,':.d!!L.!:."J'.".r!'h correspondence, dillgnostic teut results pertlllnlng to Lilli V. lIowell DOH 8/21/58 SS' 536-68-2675 ------.------.----.-...-.-..--.--.. --'''-'-'-'-'- ----.---- . "(N<rnC'C;{ PersooO":i:ntitYj'.-.--.-- --.- -.. "- ._~-'~,,,--,-,_ ""_u '_. _.. atGoldberg, Kat~&~~ipm.'n, 320 Hark~~r~__,"O. Hox 1268, Harrisburg, I'A 17108-1268 ( ~ddress) You may deliver or mail legible cooies of t~c documents or produce things requested ~y this sUlJpoeoa, together with the certificate of carpliance. to the party making this request at the addr~ss listed above. You have the right to seck in advance the reasonable cost of preparing the COpies or r.roducing the things sought. If you fail to produce the documents or things required by this subpOen~ within twenty (20) days after its service, the party serving this subpoena may seek a court order corPelJing YOU to carply with it. THIS SUBPOENA WAS ISSUED AT lliE REQUEST OF THE FOLlo,ylNG PERSON: NAME: John R. Ninoskv. ESQuire ADDRESS:_~~O Market Street, P.O. Hox Harrisburg, PA 17108-1268 TElEPH:lIIE: 717-234-4161 SUPREME COURT 10 ff 78000 ATTORNEY FOR: Defendant 1268 DATE:_.!!l::L.~ I, 'd1')u6..- Seal of the CoUrt 12. ProthonotarY/Clerk, 'il Division ~o Q.Cn1;/7~f _ -~ Deputy (Eff. 1/97) ,11l1,ll I~ t ~ II I" I \ III ul""'.' "I (;01.1111I.11(;,1\,\'1/.\1.\:'< Ii. S1I1I'\I,\!'.,I'.l'. \~'I f\tlll.ll "Ill ~ I J'(I Jill\ I,'/,JII lIarll,.I'IIl)',I'A 1711'S LiLS r i : 7 J ~ ~ I 111.1 CIlIIl1'ci fi'l Ikkud"Ul Ma,c Audlt'l\ Vlt'lll' I.II.A \' IIOWI,I.I. ,1Ild PAUL J.. 1I0WEI.I., I'Jaiutill\; IN TilE COtJltT OF cmlMClN 1'I.b\S OF CtJM13EltLAND COUNTY PEt\NSYLV ANIA v MARC ANDREW VICTOR. I>dcudilul NO. 98-S-6R05 . CIVIl. ACTION -I.AW JUltY TRIAl. J)E~lANJ)EJ) NOTICE To: Itecords Cuslodi,1I1 for Mark Raver. D.M.D. You are required to complete the following Certificate of compliance wheu producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITII SUBPOENA TO PRODUCE DOCUMENTS OR TIIINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowledge. information (}:.IlI~"rPtr"'nSllt,I'I"'lliltll) and belief that all documents or thiugs required to be produced pursuant to the subpoena issued on March 1. 2002 have been produced. (D;,re Or$IlI'I~'<:l1a) Date: Records Custodiau John It NlI10lky 11>. *78000 COLDBERC. KAT1.J\IAN & SIIII'MAN, P.C. 320 Malkel SUI.'CI /'.0. Box 1268 luni.bwg. PA 171OK.1268 (717)234-1161 Counsel for Defendant, Marc Andrew Victor LILA V. HOWELL and PAUL L. HOWELL, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. : PENNSYL VANIA MARC ANDREW VICTOR, Defendant : NO. 98-5-6805 : CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (I) A Notice OfIntent To Serve A Subpoena, with a copy of the subpoena allached thereto, was mailed, via Certified Mail, or C:clivered to each party at least twenty days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice OfIntent, including the proposed subpoena, is allached to this Certificate; (3) No objection to the subpoena has been received; and (4) The subpoena to be served is identical to the subpoena allached to the Notice Of Intent. Johlll( 'uhl,k, I D. /I"~noo C;Ol.lllU:IlC;. h \ 11\1" .\ 'iIlI'\1 ". I',C, 1:0 \1.llkl'! ....Ul.r\ I' C) Ihl' I ~fl\ 11.11 lI,hlll f!, 1'.\ "III'.!.'II\ (717, .?.1-1..Hhl ( 'ouusd iiII'I kli:n<laul. ~lah: Andrcw Vielor I.II.A 1',110\\'101.1. and PAI'II..IIO\\'l:II,. I'lainlil'i's I, 1:-\ TilE COURT OF COM~ION PLEAS OF (,U"IIlERI.A~J) COUNTY. PENNSYLVANIA .\IARC ,\".:DR/:II' \'lCTOI~. Ik/i:ndant :\'0, 'JI>-Mi05 CIVIL ACTION - LA IV JURY TRIAL DEMANDED CERTI FICHE I'IU:nEOliISITE TO SEnVICE OF,.\ SUHPOENA I'liRSU,\:>iT TO nULE 01001).22 As a prcrclluisilc 10 sCJ'\'icc ora subpocua lor documcnts and things pursuant to Rulc .jOOlJ.22. Dcli:ndanl hcrcby ccrti/ics Ihat: (I) A Noticc or Intcnt To Scrlc A Subpocna. with a copy orthc subpoenas allaehed thercto. was mailcd. via CCrlilicd Mail. or ddivcrcd to each party allcasttwcJ1ly days prior to the dale on which thc subpocnas wcrc sought to bc scr\'cd; (2) A copy orthc Noticc or Imcnt, including thc proposed subpocnas. is allaehcd to this Ccrti I1cate; (3) No objcetionlo thc subpocnas has bccn reccived; and (4) Thc subpocnas to bc scrvcd arc idcntieal to Ihc subpocnas allaehcd to thc Notice or Intent. (iOI.I>III'I{(i. KATZ\IA:".'I: SIlII'~.1.":" lIy ~ {( N~ JoY1n R. Ninosky. Esquire v I.D. /\0. 78lJOO 32lJ Market Street 1'.0. Box 12CJ8 lIarrisburg. P A 1710S Attorneys for Defendant Jullll It f\'lI1o~k.\ J 1>. 117~()()() {;OI.IIIlElW. I\,\,/Z.\I,\:\,~ .~"II'\I,\ '. ".(', .120 Markt'! Slft't'! 1'.0_ JIm J 2tlS I fill' I.\hur!:, "t\ /71IJ,'\_' :("1.: 017/ 2.1.1..1/ r>! ('(lIl",,'1 li'r /k/em/WII, .\tlll' ""drclI' Virlor LILA V. I/OWELL m](1 PAUL I.. I/OWEL!.. PlaintifTs ---._--~.. --.--___.n...___.______.._.._.__.... _ "____, ..____.. v. : INTI/I: COURT OF COMMON PLEAS : 01' C'Wvll3ERLAND COUNTY, ; PENNSYLVANIA MARC ANDERW VICTOR. Dcfcndanl ; NO. 98.(,805 : CJV/L ACTION - LA W JURY TRIAL DEMANDED To; Lila V. Howcl/, Paul L. Howcll and Dusan Bralic, Esquirc ] 0 I Officc Ccntcr. Suitc A 10/ South U.S. RutC]5 Dil/sburg, PA /7019 NOTICE OF INTENT TO SEIH'E SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR J)JSCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Defcndant intends to servc four subpocnas identicaJ to the ones that are attached to this notice. You havc twenly (20) days from the date listed below in which to file of record and serve upon the undcrsigncd an objeetionlo thc subpoenas. Lfno objection is made, the subpoenas l11ay bc served. (jOIIlIlIJ{( i. KA'I Z:\I:\:'\ I\:. SIII/':\IM,; By C;;;,(,; /; (-- /J;'~ v ,. John R. Ninosky, Esquire J.D. No. 78000 320 Market Street P.O. /lox 1268 lIarrisbllrg. I' A 17108 AHorney for Defendant (;or.11,lONVI!:I\I'IIL(lf, I'f r~w;y/ VMJI!\ f;qulnY()f (;lJl:AIH.I~1 M~I) I " .~ \' 1111\\"111 ,,".1,',\1'/ III '\\'111 , J'LlllilllJ., IlJ IIIL COUUI (II (;OI,ll.1(!T~ I'I.E^S Of CUIMH" Iii MIIJ COUt JI Y, I'f rJr4~;YL VI,,, I!, NO %-(,k05 ~IAJ((' M,/ ll,f( \\' "/(""!Ole 1)t.'klld~lIlt CIVIL ^CTlON - L^W SUfJPOEN^ TO PRODUCE DOCUMENTS OR THINGS --- fC)R'i)[C;COVERY.PURSUANTTO"R'ULE 400fl.ii- TO: Mmk RnvQL...Q.rAD ,_, (Nome of Person or Enlity) WJihin twenty (20) days afler service of this subpoena. you are ordered by Ihe court to produce the following documents or things: an and all dental and medical records corres,ondence, re~m1s charts, diaonostic test results, and x-ravs from Aoril 2002 to the oresent oertainino to Lila V. Howell (DOB: 8/21/58; SS#: 536-68-2675 at Goldber Katzman & Shi man P,C, 320 Market Street P,O, Box 1268 Harrisbur ,PA 17108-1268. You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance. to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fait to produce the documents or things required by this subpoena within twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON; NAME; ADDRESS; TELEPHONE: SUPREME COURT 10 # John R. Ninoskv, Esquire P,O, Box 1268 Harrisburo. PA 17108-1268 (717) 234-4161 78000 BY THE COURT: Prothonotary/Clerk, Civil Division '-- L2, tl.-,.. f' P.~, /7" V~ ~ ~Deputy DATE: ('}.,.J rJ, F' I? ....:( ~ 1 ..lCl0..3 Seal of the Courl (Eff. 7/97) C()"~',10f~VJf hlllU)I II l;fJ',)'1 'JI.rJI/, (;( )IJ!JJ Y 01 C11i!!,' l'II,t;! j UI,\ \' /10\\'/1/ ",,,11'\1'/ I 1/11\\11/ "1;1/111111,. 1111111 (J!III!/ (II (JII,1WHJ I'IIM; 01 C1i1/I<II':lldJI, r.r JIIIJ I Y, 1'1 IJW,Yi Vf,UIA \, ,~(, I},\.; (l.\f J~, MAJW A:\/l,.,{\\, \'1< 'If ''', Ikfelld:llll CIVil l\(;lICJIJ. INN SUjlf'QJ;!'J[l3QI.:J3QlJll.c::rrJOcur.1I 11 I~; OI<_"I1N~;S LQBj)l!;_C.Q.\i.m~ PlJ.f<~;UAlnJo ',Wi E _~(J9(J..1" TO: Shephardstown Fmr!i!Y Prachce (Name of Person or EntJly) "------- ._,. Withinlwenty (20) days Dfler sorvice of this subpoena, you arc ordered by /he court 10 produce Iho fOllowing documents or things: anI' and all modlcal "'C.QL<i~rrespond"nco, roports, and diaonoslic /os/ resulls pertaininq 10 Li/a V. Howell IDOB: 8/21158: SS~ 53Q:68-Z!i75 al Goldbero, KDtzman & Shipman, P,C" 320 Market Slreel. PO Box 1268, Harrisburq, PA 17108-1268, You may deliver or mail legible copies of the documents or produce things requested by this subpoena, logelher with the certificate of compliance. 10 the pDrty making this request at the address listed above, You have the right to seek in advance the reasonable cost of prepDring the copies or producing the things soughl. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply with il. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: John R Ninoskv, Esouire ADDRESS: P,O, Box 1268 Harrisburo, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT 10 # 78000 BY THE COURT: DATE: Qi-nbfJ? .,(.< cloC;j Seal of Ihe Court C .............. (EII,7197) CERTIFICATE OF SJJillDi I HEREBY CERTIFY Ihall served a trlle alld correct copy of the for,'goill[! document upon all counsel of record by depositing the same in the Ullited States Mail. certified. postage prepaid, at Ilarrisburg, Pennsylvania, 011 the ._!J.::>~~_ day of_Q!':ikj;.i~.._, 2003, addressed as follows: Dusan Bratic, Esquire 101 Office Cenler, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 GOLDBERG, KATZMAN & SHIPMAN, r.c. By q~ f( A!~ Jdhn R. N'inosky, Esquire v J.D. 1/78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 COllnsel for Defendant fl. 1.1/',\ V. 1I0WWEL/. i1l1d PAUL I.. 1I0WELL IN l/ IE COIJJfJ llI- CO~IMON P/.Et\S OF CIJMJlERL,\ND COIINn'. PENNSYLVANIA \'. I I MARC ANDREW VfCTOR NO. 'Jll.61105 ('I VII. IUl~1 ORDER OF COUR'!' AND NOW. Fcbruilry 14. 2006, by i1grccmclIl of CIlulIsd. lhc i1bol'<: capliollcd casc is cOlllinucd Iromlhc Milrch 13, 2006 Iriilllcrm. CoulIsd i1rc rC'lucslcd 10 rclisllhc CilSC for lriill i1t such limc i1~ Ihcy dccm i1ppropriillc. By thc Courl, Dusan Bratic, Esquirc For the Plainliff John R. Ninosky, Esquirc For thc Defendant .J -:J {-iJ(P {!~~ .~ JW; :ssg , " .<. V' \, t i ') I ',j lit' . I ., \ I ',. AS OF U-~7-~6D(., CASE# I q q '( - ~ f{)5"' HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. PRAECIPE FOR LISTING CASE FOR TRIAL ~ << (Must be typewritten and suk:mi. tted in duplicate) TO THE .PIOI'HON)TARY OF ctH3ERIAND COUNTY Please li~t the fol.lowing case: (Check one) (X) for JURY tri.al at the next tem of civil court.. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption nust be stated in full) .( check one) (xx) Civil Action - Law Appeal frcxn Arbitration LILA V. HOWELL ang -PAUL L_ HOWELL, (other) (Plaintiff) vs. ( Defendant) The trial list will be caued on and January 9, 2.007 Trials camence on Feb. 5, 2007 Pretrials will be held on Jan. 17,. 2007 I (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 locaJ. Rule 214.1.) MARC ANDREW VICTOR, VS. No. 6805 Civil ~ 1998 lndicate the attorney who will try case for the party who files this praecipe: John R. Ninosky, Esquire, for the Defendant lndicate triaJ. counsel for other parties if known: Dusan Bratic, Esquire, for Plaimtiffs This case ~s ready for trial. Signed: ~j(A/~ Date: II.. (M;O h Print Narre: John R. Ninosky, Esquire - Attorney for: Defendant ) '" . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on IJ jdcJ(06 :: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiffs 287048 JOHNSON, DUFFIE, STEWART & WEIDNER By ~ /(;1J/{ldj Joh . Ninosky, Esquire 1.0.#:78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant , . ~ c-::-;. c:=:;. k./'o "'7,_ r'-' --..1 ::-~ 1'-.) (".- , . .. LILA V. HOWELL and PAUL L. HOWELL, Plaintiffs #16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-6805 CIVIL TERM MARC ANDREW VICTOR, Defendant JURY TRIAL DEMANDED () c: ,+: !~F: ;?~ :-, IN RE: PRETRIAL CONFERENCE '" => 0 ~-n ~ ~:n :z: mj"'=' -'om 0:> :}J Q ~" '~(~ ~~:: ;" 5; '~5 :;, -.' . :,.,.. ("') We'"ilii~ s~, C') rn 4_. . . :;:-; :;1 .::- ~ Guido, qud~. >.' C/j A pretrial conference was held on January 17, 2007, before the Honorable Edward E. Present for the Plaintiffs was Dusan Bratic, Esquire. Present for the Defendant was John R. Ninosky, Esquire. This is a relatively straightforward vehicle accident. The major issues appear to be with regard to damages and causation. The parties expect this case will last two and a half to three days. Neither party has any scheduling conflicts. There are some legal issues that will need to be ruled upon before trial or at trial. In that regard, the parties are directed to file all motions in limine, with supporting authority, by close of business on January 26, 2007. Any responses, with supporting authority, shall be filed by February I, 2007. These motions and responses should be forwarded to the trial judge by the court administrator. Plaintiffs have identified some witnesses in their pretrial memorandum that were not previously identified. Plaintiffs shall submit an offer of proof with regard to those witnesses by close of business on Monday, January 22, 2007. Likewise, Plaintiffs expect to be receiving reports from Dr. Karas and Dr. Holencick. Copies of those reports shall be furnished to Defendant by close of business on January 22, 2007. - . ~ Insofar as there are major disputes with regard to causation, settlement does not appear to be likely. Dusan Bratic, Esquire For the Plaintiffs John R. Ninosky, Esquire For the Defendant ~thonotary Court Administrator srs J. Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire J.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant LILA V. HOWELL and PAUL L. HOWELL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6805 v. CIVIL ACTION - LAW MARC ANDREW VICTOR, Defendant DEFENDANT'S MOTION IN LIMINE AND NOW, comes the Defendant, Marc Victor, by and through his counsel, Johnson, Duffie, Stewart & Weidner, who file this Motion in Limine by respectfully stating the following: 1. This matter is scheduled to proceed to trial during the week of February 5, 2007. 2. The Pretrial was conducted on January 17, 2007 and Judge Guido directed that motions in limine be filed by close of business on January 26, 2007. This Motion is filed pursuant to the Court's Order. 3. This matter arises from an automobile accident which occurred on December 6, 1996. 4. Defendant concedes negligence with regard to the happening of the accident; however, it is disputed as to whether the accident was a substantial factor in causing Plaintiffs' alleged damages. 5. Questions concerning the admissibility of evidence lie within the sound discretion of the trial court, and the trial court's decision will not reversed absent a clear abuse of discretion. Com. v. Bobin, 2007 WL 137094 (Pa.Super. 1/22/07). 6. Plaintiff has identified Mark P. Holencik, D.O. as an expert witness who will testify at trial. 7. Plaintiff has produced a report dated January 16, 2007 from Dr. Holencik. The report is attached hereto as Exhibit A. 8. Pennsylvania Rule of Evidence 401 states, "Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." 9. Pennsylvania Rule of Evidence 402 states, "All relevant evidence is admissible, except as otherwise provided by law. Evidence that is not relevant is not admissible." 1 O. Dr. Holencik makes multiple irrelevant statements in his report which Defendant respectfully requests that this Court preclude any trial testimony on the following points: 11. Dr. Holencik makes reference to Ms. Howell being insured through Health America. He goes on to state that he has had difficulties with Health America. Ms. 2 Howell's health insurance status is not relevant to this proceeding. Moreover, Holencik's experiences, either good or bad, have no relevance to the subject proceeding. Therefore, it is respectfully requested that Dr. Holencik be precluded from offering any testimony about Ms. Howell's health insurance carrier or experiences he may have had with insurance carriers in the past. 12. Dr. Holencik also writes on Page 4 of his report, inter alia, "As an aside, one should know that I have used Dr. Karas on a regular basis for the last five or six years. I have sent him a couple of dozen surgical patients, who have been quite satisfied with their surgical treatment and have gone on to excellent outcomes. I am quite familiar with this type of surgery and his services and consider him to be one of the preeminent thoracic surgeons for outlet decompression of this type in the Eastern United States." 13. Dr. Holencik's referral practice or the alleged outcomes of other patients are not at issue in this case, and any such testimony is irrelevant. Moreover, Dr. Holencik's personal opinion of Dr. Karas has no relevance to this case. Therefore, it is respectfully requested that any such testimony be precluded at trial. 14. Dr. Holencik has provided the following opinion on Page 7 of his report, "The medical bills that I have reviewed are fair and reasonable and as is often said customary for the types of procedures that the patient had and considering the geographic area in which the patient's procedures were performed." 15. Dr. Holencik does not perform surgery any longer, and he did not practice in the Baltimore, Maryland region. As such, it is submitted that Dr. Holencik does not 3 have a basis of knowledge or foundation for this opinion. Therefore, said opinion is not relevant to this case and it is requested that he be precluded from offering any such opinion for any treatment Ms. Howell received outside the Commonwealth of Pennsylvania. 16. Dr. Holencik opines on Page 8 of his report, ''Thankfully, thoracic outlet syndrome decompression, in my own experience following surgical cases of other patients, generally does not regress from a results standpoint with the passage of time. These patients tend to do fairly well and stay well. The remote possibility of her requiring further decompression surgery of the thoracic outlet exists but I believe the chances are negligible. Dr. Karas has informed me via personal communication over the years that the life-long revision rates are approximately 5 to 10% in these patients, considered globally as a class." (emphasis supplied) 17. Dr. Holencik can certainly testify as to his personal experience relative to thoracic outlet surgery. However, anything Dr. Karas allegedly personally communicated to Dr. Holencik is hearsay. 18. Moreover, there is no indication that Dr. Holencik relied on this alleged information in forming his opinion. An expert cannot be a mere conduit for the opinion of another. An expert witness cannot relate the opinion of a non testifying expert unless the testifying witness relied upon the other person's opinion in forming his opinion. See Foster v. McKeesport Hospital, 260 Pa.Super. 485, 394 A.2d 1031 (1978) and Allen v. Kaplan, 439 Pa.Super. 263, 653 A.2d 1249 (1995). Therefore, it is respectfully requested that Dr. Holencik be precluded from offering this testimony at trial. 4 WHEREFORE, Defendant respectfully requests that this Honorable Court grant his Motion in Limine and that Dr. Holencik be precluded from offering the following testimony: any information concerning Lila Howell's medical insurance; Dr. Holencik's opinion of Dr. Karas or the results of other patients he referred to Dr. Karas; that medical bills for procedures outside Pennsylvania were fair and reasonable, or that Dr. Karas informed him, via personal communication, that 5-10% of thoracic outlet surgery patients need further surgery. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By:~j(N~ hn R. Nin'osky, Esquire Attorney 1.0. No. 78000 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-mail: jrn@jdsw.com Attorneys for Defendant Date: January 26, 2007 5 ..~~ONSE~ 'ark P. Holenclk, D.O., F.A:O.A.O. J) 8rookwood AVenue :allis'~.. PA 17016 ;);-\0(19: (717) 243-0241 01 7) 243-4395 FJx: (717) 243-40l9 January 16,2007 Dusan. Bra~c, Esqliire Bratic & pqrtko' 101 South u.s. Route' IS, S.uite.A. . Diltsburg.PA 17.01,9' . . Re: . Lila Howell DOB:8i21is8 DearM!'. Bratic: . . Lila Howell isa.48 year. old.female who .arrived at my office for a medical exanlination with a complicated history o.t 1nu1~ple irijmies. She was involved in a high velocity motor vehicle accident all December 6, 1996. She was the properly restrained driver of a new 1996 Saturn sedan, was approachllifi an intersection~ and had a green light to proceed through it. l11.ere was a tUllJilig lane for carsapproach.il1g from the opposite direction and another driver wa.r;: in tllls left turn lane approaching the patient in the opposite direction. The driver in the tlirn lane made a left turn, apparently without yielding to the oncoming vehicle which the patient was driving. The patient's Saturn struck this vehicle in basically a perpendicular Or T -bone styl~. The velocity was sufficient LO cause the . Saturn, which was new, to be a total loss and.also cause airbag deployment, which is testimony to. velocity. The patie.rit.did have arestrained child in the back seat of the car with her and. w~ "dazed~' .at the time' of the accident, but there was no witnessed loss of . . conSC10usness; . . She refused treatment' at the scene and. knew that she was fairly close to her family physicians at Mechanic~burg Family.praetlce. She made arrangements to be seen there . "in a few hours" post injury. She was seen by one of the physicians there and told that she had "whiplash" and it "bump on the left leg"as it apparently strUck the dash board. She told them the arrbag hit.her and brol$:e her glasses.' Tenderness along . sternocleidomastoid was noted~ No diainostic studies were performed.' She was given some medications and' advised to retuD1 in approximately a month; She was told to remain off work for the upcoming .wee~end. She spent about five days total off work and then. retUroed.to work at her job. as a lead programmer at the local navy depot. Shehad neck pain and sub-occipital headaches, and pain on the lateral aspects of her neck as well as her light chest area. ~ DEFENDANT'S ~ EXHIBIT w ~ A ....:. -I <( SI,i90 39\jd ll3M3N NHor (';Z;Ez:t>EELTL 9S:9T L00(';/(';l/TO Page 2 RE: Lila Howell DOB: 8/21/5& She made several more visits to her fanrily physician alJ.d I have reviewed those notes. She consistently reported pain in the right thoracic area, which included the area behind her pectoral muscles and in the apical chest area. She continued conservative treatment in terms of medication, and continued working. In July of 1997, now about sevcll1110nths post-injury, she saw her "regular" family physician, a "'female doctor" who spent a fuir illnount of time with the patient based on the extent of the office note that I reviewed. A great deal of time is spent describing the patient's subjective complaints of diffuse necb; jaw and thoracic pain as well as the physical findings that accompanied those complaints, specifically diffuse paraspinal and periscapular spasms. At that time the fanlily physician ordered physical therapy at McKuen Associates three times a week for several weeks. It was here where physical therapy notes described the patient as having pOSitive diagnostic testing for thoracie outlet syndrome. She apparently had a positive Adson's maneuver and this was the first time that tIus maneuver had been performed by any caregiver since the accident. The patient achnits to feeling better after therapy. At the time of her accident, her secondary health insurance was Health Americ~ and I am quite familiar with the fact that that particular insurance carrier will generally not allow its patients within its coverage plan to oodergo medical evaluation or surgical treatment out of state or certainly to the specialists that I currently use in the greater Balfunore area. The patient states that she was lllterested in leaving the area for treatment principally because she had been sent to see Dr. Beaudry, who is a regional specialist in the treatment of temporomandibular joint syndrome, seeing him in November 1997, about eleven months post injury. About two or three months before, she had seen her regular dentist with persistent TMJ pain, who noted clicking in her temporomandibular joints, Dr. Beaudry, who has training experience in the Baltimore area, suggested that Lila lmdergo a comprehensive evaluation for chronic pain at a well-known center called the Mens~ma Clinic, with Dr. Nelson Hendler. Dr. Beaudry fitted the patient with a splint. The patient went for diagnostics at the Mensana Clinic in 2000, but decided to try to avoid SlJl'gery, hoping symptoms would go away. She reports that she had to change health plans to a more liberal one in terms of a referral policy and to begin her care at the Mensana Clinic. She saw her family physician a few ti111es durin.g that interval complaining of neck pain and treated also for other problems until approximately 1999~ working all the while at her regular job, but complaining of persistent pain in the left knee as well as her neck, back and shoulders with headaches, and, after a couple of years, more significant lumbar pain which I will discuss later. Lumbar pain complex was not a part of her original constellation of complaints, and I will deal with this from my own perspective as this dictation passes. :;1/[0 39t1d ll3('-13N NHOr GGEGVEEL TL 9:; :91 L0GZ/(ZW Page 3 RE: Lila Howell DOB: 8/21/58 Between about 2000 and 2002 she underwent extensive diagnostic work.'11ps in the Baltimore area through the Mensana Clinic. She was diagnosed with a cervical disc herniation and cervical radiculopathy in a C6-C7 distribution and also diagnosed with bilateral neurogenic and vasogenic thoracic outlet syndrome (post-traumatic). She was diagnosed with post-traumatic glenohumeral or shoulder injury on the right and also diagnosed with a lumbar disc failure in the lower lumber spine at L4-5 and LS-S 1. Her diagnosis of1raumatic telnporomandibular joint syndrome was confirmed and continued to be treated conservatively_ A right shoulder MRI demonstrated a labral tear of moderate size at the posterior superior labraL On Angust 20, 2002, she underwent a cervical MRI that demonstrated degenerative disc disease at C5-6 and C6~ 7 and some left sided fOnJTnln~] stenosis, especially at the C4-5 level. She also had a lumbar MRI that demonstrated disc desiccation and failure at L4-5, with a snlall disc herniation at L4-5 left and some left L5 root impingement. An MRI of the left knee performed on or about August 21,2002 demonstrated signal changes in the posterior horn of the medial meniscus, 'which would be compatible with a rotational type injury and also, even more compatible with her injury mechanism, edema in the posterior crUc1ate ligament of her left knee, which would be a classical response to a "dashboard" type injury mechanism with a blow to tJle anterior aspect of a flexed tibia driving the tibia posteriorly. A cutaneous injury or "bnlise" to the anterior left leg was noted by her family physician immediately p05t- injury . In the face of suspicious disc studies in the low back and neck the patient subsequently undetWent a lumber discometry ~ which is the insertion of a needle and dye pressurization at L4-5 and L5-S 1, the two suspect areas. She demonstrated degenerative changes at L4- 5 and significant pain at L5-S 1. This was thought to be her pathologic level. Surgery was subsequently completed there consisting of a traru3-abdom1na1 fusion with the insertion an interventebral plug with bone gmft The patient had a discogrmn, with similar needle type inselt.ion and pressure testing \\1th dyes at C4- 5, C5-6 and C6-7. This study was felt to be positive at multiple levels with provocation of pain and dye leakage. The same spinal surgeon who performed her trans- abdominal fusion at L5-S1 performed an ACDF or anterior cervical discectomy with fusion at C5-6 and C6-7. His nanle is Dr. Benalcazar. Diagnostic studies conduG1ed in the face of positive Adson's testing and a subsequent referral to a regional expert in thoracic outlet syndrome, Dr. Avraam KardS~ in Baltinlore, confirmed the presence of bilateral post-traunlutic thora.cic outlet syndrome. These diagnostic studies aloe fairly straight forward and in the face of persistent clinical findings Sl/8G 3Si~d ii3M3N NHOf GGEGPEEL TL gg :91 L00G/GGiTO-- Page 4 RE: Lila Howell DOB: 8121/58 over a period of several years post high velocity injury. the only predictable treatment pathway is surgical decolnpression. which was ealTied out bilaterally in staged fashion on the right side in July of2003, and on the left side in August 2003. As an asid.e, one should know that I have used Dr. Karas on a regular basis for the last five or six years. I have sent him a couple of dozen surgical patients) who have been quite satisfied with their surgical treatment and have gone on to excellent outcomes. I am quite familiar with this type of surgery and his services and consider him to be one of the preeminent thoracic surgeons for outlet decompression of this type in the Eastern United States. Her low baek history is complicated in the sense that she had approximately three or four separate low back sprains over an approxirnate ten year period prior to her motor vellicle accident. He last injury was in about 1994. some two years before the motor vehicle accident. Although no :tv1RI studies were obtained for those incidents~ there is no clear description of consistent complaints associated with low back or lower extremity radiation in any notes for several years post-accident, and, while the accident may have aggravated a pre-existing condition, for this reason I am llncomfortable including her low back injury and subsequent lumbar surgery in formulating my opinion or in calling this accident causally related to her Imnber surgery. I believe that lumbar problems antedated the accident and should be considered separately from the COlnbination of injuries associated with this vehicular impact. At this stage, I must add, that she is approxinlately 80% better than she was prior to her surgical treatment of the neck and thoracic outlet syndrome bilaterally. Incidentally. she is also satisfied with her lumbar outcome. She is by no means "well" but she is substantially '~better~'. She continues to complain of some vague numbness in her hands bilaterally and crepitation and pain in her left TMJ. She continues to require a night splint there. She continues to have some neck pain. She continues to have some backache. She indicates that there is some left knee pain as well as some right shoulder pa~ but neither of these extremities or joint problenls have been severe enough to cause her to strongly consider further reconstroctive surgery at this point. Her work duties are sedentary and she has been able to return to work as a program project manager at the same location., the Naval Depot locally. Her work ethic is strong and she has managed to return to work in regular employment at her pre-injury job essentially with some limitations relative to pain. which is chronic. c;l./50 39\;;!d T13i'1J3N NHor GGcGvEEL 1L gg:gl L003/GG 10 :Page 5 RE: Lila Howell DOB: 8/21/58 The patient is allergic to sulfa and arnox:icillian and each of these causes "hives". She has iTeated for asthma and uses Flovent and Flonase. She takes Protonix for a gastric ulcer and SOlne acid reflux sYInptoms. She has no history of heart attack, angina, 01' cardiac cathertization, or hospitalization. She has no histOlY of congestive heart failure. There is no history of liver ofkidl1ey disease or anemia. She does have a history of asthm~ for which she is me<licated. There is no history or cough hemoptysis ofTB. There is no history of diabetes or thyroid disease. There is no history of seizure or stroke. She has no history ofrecta1 bleeding or hematcmcsis and no history of significant weight loss or gain. There is no dysuria, hematuria, or incontinence. Her musculo- skeletal history has been discussed. She requires no assistive devices. She denied transfusion., hepatitis, HIV, or cancer. Her surgical history includes bilateral thoracic outlet decompressi.on, (Ill anterior cervical discectomy with fusion at C5-6 and C6-7, and a trans-abdominal lumbar fusion. presumably at LS-S 1. She has also had a tonsillectonlY. She has had no problems with anesthesia. Her father and mother are alive and she has two sisters and a brother. Her ctnployment has been discussed. She is lllamed with children and lives with her family. She does not snloke and has a rare drink of alcohol. On clinical examination she is a diminutive 5 loot tall, 120 pound lady, who appears perhaps younger than her stated age. She is 48 years of age. She is right hand dominant. She has minimal transfer dyskinesia and is ab] e to rise from a chair and has a Honnal reciprocating gait. In a level stance phase she is a~le to flex at the waist and brinf, bel' fingertips to only about the knees before left anterior knee pain intervenes. She feels an ache deep inside her left knee during this forced extension, which may relate to the posterior cnlciate sprain, which has been documented on 1v1RI. She has interscapular and lumbar pain with forward flexion but it does not lateralize or specifically radiate into either buttock or pOSlerior thigh. Extension is possible to about 15 OJ; 20 degrees and again she complains of basilar lumbar discomfort but not lateralization that would imply sciatica or femoral radiculitis. Heal and toe walking ate in tact. In the seated position straight leg raise testing is negative. She has symmetrical thigh and leg circumferences. She has no ankle clonus or hyperflexia She has no pain ST./01 3~)\jd ll31"13N NHor U:EG!7EEL 1L 3 S : 9 t L 01j ,? i ::: ( 'H Page 6 RE: Lila Howell DOB: 8/21/58 to passive intenla1 rotation of either hip. She has good pulses to the foot and ankle. She has no cutaneous changes in the legs compatible with arterial or venous insufficiency. She has robust resisted hip flexion, knee extension and ankle dorsi flexion. She does have some irritability of her left knee. She cannot relax well enough for me to e:xarl1ine her menisci and has some vague medial joint line tenderness where an MRl demonstrates signal changes in the posterior horn of her medial meniscus. She has deep internal knee pain when I perform passive hyperextension or recurvatum, which is present at approximately 5 degrees as compared to the opposite side. This is compatible with a sprained posterior cruciate ligaments. She has no patellar instability bilaterally. She has DO substantial effusion on either side. She has multiple cycle crepitation with pain during patella femoral compression maneuvers. She has full range of motion on the opposite and unaffected right knee. She luis SOllle basilar neck pain with terminal rotation in either direction~ right worse than left. She has superomedial scapular border discomfort to manual palpation) and some interscapular pain with ternlinal flexion and extension, but her range of motion is perhn.ps two-thirds to three-quarters of normal. She has a very mildly positive Spurlings maneuver on the right as well as the left side, probably secondary to some residual foraminal encroachment at C4-5 in this area, that at least by record review was not serious. TIlere is SOfile residual spondylosis at that level. 'When 1 perform Adson' S testing, she demonstrates no pulse deficit on either side. When I penonn Roos testing) however, and maintain her upper extremities for a prolonged period in external rotation with contralateral Or opposite sided head rotation, she does develop diffuse non- dermatomal hand numbness, which is a sequel of the thoracic outlet syndrome or a consequence of the regeneration of some scar in the operative area. I do not think it will require reoperation. She demonstrates robust resisted deltoid, triceps, bicep, pinch and grip function bilaterally, but continues to complain of hand numbness during this ex..'Ul1. She has no percussive irritability of her carpal or cubital tunnel. She complains of some deep internal pain in her left shoulder with abduction and external rotation. She has some mild discomfort with croSS arm adduction testing of the right shoulder. I am not significantly impressed that either shoulder is unstable or that there is a significant problem with the rotator cuff in terms of irritability or tearing. She is non-tender at the AC joints. She is not apprehensive to classical provocative testing for anterior or posterior shoulder instability. In answering your questions in your conespondence dated December 8, 2006, I believe that in the accident of December 6,1996 she sustained traumatic thoracic outlet 9 '[ ./ '[ 1 39\Jd //3M3N NHor GGEGPE:EL TL ._- -- 99:91 L00G!GZI'[0 Page 7 RE: Lila Howell DOB: 8/21/58 syndrolue, both neurogenic and vasogenic bilaterally and also a high velocity cervical sprain and strain with resultant bilateral C6 and C7 radicnlopathy. I believe that she sustained a blow to her periorbital area of the face or skull and also a pre-tibial contusion of her left knee with a secondary mild to modemte sprain of her posterior cruciate ligmnent with a Ininhl1ally displaced tear of the posterior horn of the medial meniscus, both of these evident on MRI. She also sustained a sprain of her right shoulder with a small glenoid labaral tear that has not manifested any significant clinical symptoms. It is my inlpression that her lumbar area did not sustain a significant injury during the accident as it was not reported or recorded as initable in any significant way for a period of several years after the accident and also was treated by a variety of providers on three or four occasions prior to the accident. I believe that any diagnostic studies or surgical treatment related to her L4-5 and L5-S 1 areas are not clearly related to the impact sustained in this motor vehicle accident. The diagnostic studies and surgical procedures related to the above-named diagnoses are fairly apparent She underwent staged bilateral thoracic outlet decompression. She underwent an anterior cervical discectOlllY with fusion at C5-6 and C6- 7. She underwent Inedicational treatment as well as topical modalities in physical therapy for a variety of soft tissue problems that were associated with these injuries. The course of her treatment was extended but consistent with the number and location of the injuries, and also conlplicated by a secondary insurance carrier who makes j t virtually impossible to seek treatment outside the state of Pennsylvania. The patient became involved in a quite competent health care pathway based on the referral of Dr. Beaudry, who, I believe. is a Johns Hopkins graduate, and I cannot blame him for sending a complex patient to a system where the care delivered is within his comfort zone. The medical bills that I have re-viewed are fair and reasonable and as is often said customary for the types of procedures that the patient had and considering the geographic area in which the patient's procedures were perfonl1ed. The prognosis with these injuries is reasonably good but not perfect. There is a defmite and linear progression of degenerative change above and below a cervical fusion mass as tune passes. It stands to reason that if five cervical discs were doing the job of holding up a 12 to 16 pound head every day, and then two discs were eliminated. 100% of the work is being performed by 60% of the "crew'. They become overworked and are subject to failure of the fibers that make up the casing of the disc or the annulus. nus leads to drying out or degeneration of the cushion or nuclear material and then the developlnent of arthritic cb2nge as time passes. The statistics show in closely followed h:'..rge groups of patients with cervical fusion .that at approximately 5 to 7 years post-op SI/Z,1 39~d il3r'i3N NHor 2:2:EGPEELTL 95:91 L0BG/z'~!18 Page 8 RE: Lila Howell DOB: 8/21/58 12 or 150/0 of patients have had further surgery in the form affusion above or below what has become a competent and consolidated fu.sion mass. It gets worse. Patients who are 12 years or more status post cervical fusion have an approximate 38 to 400/0 incidence of surgical requirements above or below the fusion mass, and sometimes both above and below. Every time a level is fused, more work is being done by fewer segments, and it is why we try to postpone surgical treatment for as long as possible in this population. This lady is only 48 years old now and has had surgery performed several years ago. It is a virtual guarantee that she will require at least one future cervical surgery based on average life expectancy and her general good health at this point. The cost of that would range between $25,000 and $50,000 with therapy. She will require periodic diagnostic stlldieg such as plain radiographs or x-ray every four to five years at a cost of $300-$400 and will require repeat MRl exmns every four to five years at a cost of approximately $1 ~OOO throughout the period postoperatively that she survives. Her right shoulder and left knee may require treatment fot problems, but at this point that are more of a nuisance than they are significantly disabling. I would recommend that these be treated with non- steroidal medication or anti-inflammatory medication. The cost of these should range within the neighborhood of $600 to $800 yearly. Thankfully, thoracic outlet syndrome decompressioI4 in my own experience following the surgical cases of other patients, generally does not regress from a results standpoint with the passage of time. 111ese patictlts tend to do fairly well and stay well. The remote possibility of her requiring further decompression surgery of the thoracic outlet exists but I believe the chances are negligible. Dr. Karas has informed me via personal communication over the years that the life-long revision rates are approximately 5 to 10% in these patients, considered globally as a class. Generally speaking in considering that the patient is a sedentary or desk type employee I would expect time off work to be within the 6 to 8 week range with thoracic outlet decompression, typically in the staged bila.teral fashion conducted fairly close together. 1 generally keep my cervical fusion patients away from a desk until they demonstrate rigid consolidation of the their fusion mass on a plain x-ray, and that can be anywhere from 12 weeks to 6 or 8 months. TIle average time is somewhere around 3 to 6 months. She is capable of daily living activities, but I would limit the amount of overhead lifting or prehensile activity and have always given these patients a 40 pound occasional lifting limit for a lifetime. I have read Dr. Ellenberger's records review of Augnst 27, 2004. His opinions weigh heavily upon his subjective perceptions of psychological issues and substantially neglect pivotal and well-documented physical injuries sustained by the patient in this accident S T ,/ [ 1 39\Jd 'TT30"\3N NHO[' G(;E(;PEEL1L 99:91 L0GG/Gl!18 Page 9 RE: Lila Howell DOB: 8/21/58 These injuries and their subsequent surgical treatment by seasone{1 surgical practitioners have an anatomic and pathologic basis that is concrete. The diagnostic studies performed were to confirm these conditions, and are traditionally regarded as "hard" clinical evidence and not "soft" subjective nnpression. The surgeons who performed this patient's corrective procedures, as well as myself, who vigorously supports their findings and treatment, have collectively perfomled many thousands of surgical procedures under the daily scmtiny of peer review. Dr. Ellenberger~ a non-invasive medical practitioner, has never performed a surgical procedure, orthopedic, neurosurgical, or vascular. I consider his assessment neither comparable nor credible. The list ofrecorus reviewed is attached. All of my opinions are given within a reasonable degree of medical cemunty. Sincerely, ~+H~&~ ~v1PHJdlb ----. _.--- -- --- S l ,/ V l 39\1d ii3t'-'I:3N NHor GGcGPEELtL gs:gt L00Gill/t0 Page 10 RE: Lila Howell DOB: 8/21/58 RECORDS REVIEWED BY MARK P. HOLENCIK. D.O. Police Report Mechanicsburg Family Practice Shepardsto'Wn Family Practice Beaudry Oral Surgery t\1ark R3.ve~ DDM McCuen & Associates Mensana Clinic with associated provide!" test results Avraarn Karas. M.D. e enter for Neurobehavloral Health LTD Trindle Rehab Medicine Center Polyclinic Medical Center so T ./'; 39\:7d ll3rt3N NHor GGEC:PEEL TL 9S;~IT i.GI],'?,..,'?(H CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the 26th day of January, 2007: Dusan Bratic, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWART & WEIDNER By: fk1no({y~4 Attorney 1.0. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 6 Dusan Bratic, Esquire J.D. No. 19249 Bratic & Portko 101 South U.S. Route 15 Dillsburg, P A 17019 LILA V. HOWELL and PAUL L. HOWELL and Plaintiffs IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 98-6805 MARC ANDREW VICTOR, Defendant JURY TRIAL DEMANDED PI ,A INTIFFS' MOTTON TN T JMTNF, Plaintiffs Lila V. Howell and Paul L. Howell respectfully request this Court to instruct Defendant, his counsel, representatives and witnesses to refrain from directly or indirectly mentioning the matters set forth herein in any manner during voir dire, opening statements, examination of witnesses, objections or argument without first obtaining the permission of this Court outside the presence of the jury regarding the following: I. The present status of the suspension of and/or status of the medical license of Dr. Nelson Hendler and/or Mensana Clinic. Dr. Hendler's license has been in suspension since the early part of 2006. Dr. Hendler's license has been in suspension as a result of allegations brought about by his fom1er lover and business manager. Dr. Hendler's license has not been revoked. He has not been convicted of any crime. At the time of diagnosis and treatment Dr. Hendler was fully licensed in the State of Maryland and was in good standing as a physician as of November 18, 2005, which was the last time he saw and treated Plaintiff Lila Howell. Plaintiffs' counsel intends to qualify the doctor of his credentials and to ask medical opinions relating to matters only up to the '" date he last saw her and to ask his prognosis at that time. Counsel does not intend to ask a prognosis as of the date of trial or for any time after November 18,2005. 2. To allow, directly or indirectly, any questions or evidence to be introduced through cross-examination or otherwise of Plaintiffs lay or expert witness about the status of Dr. Nelson Hendler's or Mensana Clinic's license and/or suspension of such license, licenses or accreditations. 3. Any matters pertaining to spousal "abuse" as there is no evidence, since none exists, that thc Plaintiff Paul Howell struck or in any manner injured his wife Lila Howell. Any attempt to introduce such evidence, make reference to or otherwise leave the jury with the impression that any of the foregoing is relevant to this case would be grossly pr~judicial to the Plaintiff even though this Court would sustain objections thereto and instruct the jury not to consider such evidence. The Plaintiffs submit that this Motion should be granted insomuch as there is no practical way these issues can be properly handled at the time of trial. WHEREFORE, the Plaintiffs respectfully request this Court to instruct Defendant, his counsel, witnesses and representatives not to mcntion or convey to the jury, in any manner, the above mentioned evidence without first obtaining the permission of this Court outside the presence and hearing of the jury. The Plaintiff further requests this Court to instruct Defendant, his counsel, witnesses and representatives not to refer to the fact that this Motion has been filed and granted or denied and to warn and caution each defense witness to strictly comply with the Court's Order. I' ( Dusan Bratic, Esq., ill 19249 Bratic & Portko 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 " LILA V. HOWELL and PAUL L. HOWELL and Plaintiffs IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 98-6805 MARC ANDREW VICTOR, Defendant JURY TRIAL DEMANDED CF,RTTFTCA TR OF SRRVTCR r HEREBY CERTIFY that a true and correct copy of the Plaintiffs Motion in Limine was furnished by facsimile and by first class mail, postage prepaid, this$~ day of January 2007 to: John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Fax: 761-3015 ..------ Date 1/ lAP (01- LILA V. HOWELL and PAUL L. HOWELL, Plaintiffs v. MARC ANDREW VICTOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6805 CIVIL JURY TRIAL DEMANDED RE: JURY INSTRUCTIONS ORDER OF COURT AND NOW, this 2nd day of February, 2007, the above-captioned matter being scheduled for trial beginning February 5,2007, IT IS HEREBY ORDERED AND DIRECTED that counsel for the parties shall submit to the Court their proposed jury instructions on or before the close of business February 5, 2007. ~an Bratic, Esquire Attorney for Plaintiffs ~R. Ninosky, Esquire Attorney for Defendant By the Court, ~~ M. L. Ebert, Jr., ~ J. . .1 ~~~ .u ~\,1 (\'1~, \\'00 \ ...,...... 0"..)"" \.\ 0 u t .~ :P LILA V. HOWELL and PAUL L. HOWELL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-6805 CIVIL MARC ANDREW VICTOR, Defendant JURY TRIAL DEMANDED IN RE: PLAINTIFFS' MOTION IN LIMINE ORDER OF COURT AND NOW, this 2nd day of February, 2007, upon consideration of the Plaintiffs' Motion in Limine and the Defendant's Response thereto, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Plaintiffs' Motion in Limine to exclude evidence regarding Dr. Nelson Hendler's medical license suspension is DENIED. Any testimony regarding the grounds for the suspension will be described as "the Doctor engaged in personal intimate relationships with 3 patients and improperly dispensed controlled medicines". The court will entertain a cautionary jury instruction that such evidence should be considered only for the purpose of evaluating Dr. Hendler's expert opinion. 2. The Plaintiffs' Motion in Limine regarding the marital problems between the Plaintiff husband and wife is DENIED, subject to the Defendant's being able to offer expert testimony which states to a degree of medical certainty that the injuries complained of by the Plaintiff were the direct result of the marital problems to include mental stress and the single 1998 pushing incident. By the Court, M. L~:\.~~ J. Dusan Bratic, Esquire Attorney for Plaintiffs John R. Ninosky, Esquire Attorney for Defendant bas ~~~ ::n'] r~,,; 1 f I I t) 'J :Zl :.':1 C_. ~ l'f""I-' :.f':1 f..,Ji)G LILA V. HOWELL and PAUL L. HOWELL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-6805 CIVIL MARC ANDREW VICTOR, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION IN LIMINE ORDER OF COURT AND NOW, this 2nd day of February, 2007, upon consideration of Defendant's Motion in Limine and the Plaintiffs' Response thereto, IT IS HEREBY ORDERED AND DIRECTED: 1. Dr. Holencik shall offer no testimony concerning Lila Howell's medical insurance or his prior experiences with insurance companies. 2. Dr. Holencik shall offer no testimony regarding what Dr. Karas told him about the necessity of 5 to 10% of thoracic outlet patients requiring further surgery. 3. Dr. Holencik shall offer no testimony regarding his personal opinion of Dr. Karas's expertise; however Dr. Holencik may offer an opinion as to the quality of the diagnosis and treatment of Lila Howell by Dr. Karas. 4. Dr. Holencik will be allowed to offer an opinion that the medical bills he reviewed are fair, reasonable and customary for the type of procedures performed, subject to cross examination regarding the fact that he no longer performs surgery and did not practice in Baltimore Maryland region. By the Court, J. M. L. Ebert, Jr., Dusan Bratic, Esquire Attorney for Plaintiffs John R. Ninosky, Esquire Attorney for Defendant bas \aW~ ~ (Pi :ZI 161'1 t;3L I(,FfLj it";,",,:,;:: J I nv . '. - -' '~',::::::i:.~ .".';'iJr.J~~..J l_vvv 61 i; :71 If -, 1-:;_ ~n:l " ;"'..0..7 . ........ ~ ,;.".1 .", ..."__~'" L~...,....J -A LILA V. HOWELL and PAUL L. HOWELL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MARC ANDREW VICTOR Defendant NO. 98-6805 CIVIL JURY VERDICT FORM 1. Was the negligence of the Defendant, in causing the accident, which is admitted, a factual cause in bringing about Plaintiffs' inj7 Yes No If your answer to Question #1 is "No" do not answer No.2 and return to the Courtroom. 2. Amount of Damages: (A) State the amount of damages sustained by Plaintiff Lila Howell: $ $ Future Medicals Pain and Suffering, Loss of Enjoyment of Life, Embarrassment and Humiliation $ Disfig urement (B) State the amount of damages you award, if any, to Plaintiff Paul Howell: $ Loss of Consortium $ TOTAL (Add sums in Part (A) and part (B)) ~~~ ., "t. /7 ~ 00 7 / ' Date ~ . , 411' -'" L-.. CASE NO.: tl. J (, LII~ v. H"wt.t1 ~~ fANI l. tt~uldl VS DOCKET NO.: q f- "ro 5" d Ji' co~ M~1<" A-^JJew V/ctdt' DATE: .:l -~ - ~O{) 7 130 FORNEY, JACE C. -2100685783 2 131 DOYLE, JAMES -1998429898 3 l1fi K~~~, ED\\"A\RD J.~~. "tJ.. -1900278451 4 143 KLaUSER, KEITH -1836614851 5 140 HOLLER, LOIS 1f -1716523465 f> 139 ~~~11I!K, VONNA Z- -1664528690 "" 127 TILEY, NANCY .^6 tJj -1656650614 --- 1fJ ....a 119 Bl~UMGAKDM:ER, InvM~K. -1619016903 '" -"-H~ BLAIR, AMANUA E. IJ() -1519261941 10 122 VALEK, BRENDA S. -914295353 ! 1 151 ALGER, ANNE S. -832080892 12 142 CRAIG,PAULA -827176532 l.J 14r h:nUNIAI~, 'fIIOM/..3 11=-4 -657885254 14 129 BRANDIS, ~OBERT R. IJLf -521083448 ..l5 111 HILL, VICKY S. -486261090 16 138 LOSCHER, JAMES -401928415 ,,.., 145 THRENHAUSER, SARAH C. -377804877 ~...r" 1 j U~ 112 8EIBERT, D/~ 'lID P. 24.a72Q177 cS' ...~.,. ~tt ! () 137 YdLLlf.~J, U~IDA ~. -11 J:;1 ~~g4B :1~J.fJ" 20 136 BASH, SCOIT -92641157 21 134 BINDER, JA YME SCOIT -85909307 "\~ 116 PENNER, :t\.HCI It..EL f.. ~~3 -38248235 <~ /) .., 120 SHERMAN, DORCAS 29814833 ~ ,,::..~j 1.4- 115' KLH ~GER, ROONE){ l. 21~~2Q~~~ I 'Ie; 1:2:3 GARDJULI3, clIno 389897t; 12 .;j"...~et- @,e 26 132 STOITLEMYER, GERALD L. 849451647 ."" 47~~ ~._. _......_~..~.. - '04 " .. ...,(~::.;.:....-.- 119 BLACKLEY, DENIsE 911834864 :s..Ji t. ~ 28 114 MERRiLL, Af.^.RID~E 1037573284 29 111 DIEHL, PATRICIA L 1142589190 30 109 DOST, LISA J. 1170688792 31 149 DILLEY, SCOTT 1278830438 150 ALLARD, DONNA S. 1417466095 1'" 146 SHIPMAN, DONALD J. 1578159224 .- .) 34 148 ALLGYER, JASON D. 1722269977 35 128 THOMPSON, JOSHUA 1914193987 36 135 DONOVAN, ROBERT 1967374498 Monday, February 05, 2007 Page 1 of 2 . j 1 ~ tlw _AI uror # Name Random No. ~ 13~ BII1t.., AI~I~ }ii. 2,f)]'4jj3M64 Monday, February 05, 2007 Page 2 of 2 Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant LILA V. HOWELL and PAUL L. HOWELL, Plaintiffs v. MARC ANDREW VICTOR, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6805 CIVIL ACTION - LAW PRAECIPE Please enter judgment in favor of the Defendant, John Victor, on the jury's verdict on February 7,2007. Date: d / :J~/07 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ 7f~ Jo n R. Nlnosky, Esqu~ Attorney I.D. No. 78000 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-mail: jrn@jdsw.com Attorneys for Defendant .... CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on ~~l~/II1I r7PJ ,2007: I Dusan Bratic, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 292589 JOHNSON, DUFFIE, STEWART & WEIDNER BY:~Ni~t;{~~ Attorney 1.0. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 2 "( --.. ~ ...c ~ ~ \ ,.., - ~ ....Q o o ~ ~ +- --L ~ w -0 o ~~ so:. ,...." = = --' o Ii .-1 ~.. :r: -n ~~: h1p ~..1 rr~ I y o =-~'~; -0 -. ~ <;,? r'-~