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Home My WebLink About98-06915a m ;.: ??.?, ,,?? ;?? ;s ;, t ;; ?? a ':i= ` '? : ?;? ? r ?,? ?: : ? ? .>::, <; ;'t, 'a 'b ,j ?..'} ?. °?° T I'IRENCE S. HEVNLR and IN'1'llE COURT OF COMMON PLEAS OF FAYE J. I IIVNER, CUMBERLAND COUN"I Y. PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. 98-6915 CIVIL BLUE RIDGE HAVEN WEST INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY ENTERPRISES. INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERL""NCB Present at a pretrial conference held October 6, 2004, were Leah B. Graff, Esquire, attorney for the plaintiffs, and Arthur K. I loflinan. Esquire, attorney for the defendants. This matter arises out of a slip and fall that occurred on the evening of December 19, 1996. Mr. I levner fell on an icy surface of a parking lot belonging to the defendants. The defendants are prepared to demonstrate that, at the time ofthe plaintiffs fall. temperatures were below freezing and precipitation had fallen at various times during the day and the evening of December 19"i. In light of the general slippery conditions prevailing at the time. defendants suggest that there is no liability. Counsel for the defendants relayed an offer of settlement the proceeds of v,hich would he divided one-third as counsel fees, one-third against a lien for medical insurance. and one-third for the plaintiffs. Based on the court's understanding of the proffered defense testimony and the likelihood of a defense verdict, a settlement of this case would appear to he highly advisable for the plaintiff. Counsel for the plaintifts has indicated that she will provide updated medical records 10 counsel for the defendants. Both sides are agreeable to a redeposition of Mr. I levner and 1 7 r F s own r; there is an agreement to identify and depose witnesses who have not been previously q deposed. This case is expected to be of two days' duration. The meteorological expert fir the defendant is available oaly on Monday and Thursday of the trial week. The undersigned will not be in the courthouse on Wednesday, October 27, 2004. f could try this case on Monday and Tuesday or Thursday and Friday. , October G. 2004 Leah 13. Graff, Esquire For the Plaintiffs Arthur K. Hoffman, Esquire For the Defendants Coma Administrator x1rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. HEVNER and : NO. 98-6915 FAYE J. HEVNER V. : CIVIL ACTION - LAW BLUE RIDGE HAVEN WEST, INC., et al : JURY TRIAL DEMANDED PLAINTIFF'S MEMORANDUM FOR PRE-TRIAL CONFERENCE 1. _ Statement ment of Facts as-- to Liability ,,,,,the day of December 20, 1996 Terence Hevner was on the property of the Defend'Lint for business purposes. As he walked to his car and tripped and fell on ice in the parkir, q lot. He was first treated at Holy Spirit Hospital. After continuing to experience'symptoms in his right knee and ankle over the next year he began treating with Dr. Dean Nachtigall. '11 Dr. Nachti6all first tried a steroid injection of the knee hoping to alleviate the symptoms of Mr. Hevner's degenerative arthritis following his fall. In January of 1998 an x-ray revealed pseudoarthrosis at the syndesmosis of the right ankle. In April the doctor related an aggravation of the ankle to the original fall. In November of 1999 Plaintiff continuedto have pain and he made an appointment with Dr. Michael Sicuranza. His pain was most persistent in his knee and based on the severity and degenerative nature of his condition, Dr. Sicuranza recommended a total knee replacement. The procedure was performed on January 29, 2001. After the surgery Mr. Hevner attended physical therapy to decrease his pain and increase his range of motion. Dr. Sicuranza believed that his fall aggravated his previously existing knee problem and subsequent ankle symptoms. Currently, Plaintiff considers his knee symptoms to have improved. lie has occasional pain in his ankle which he is able to treat with medication. Because his fall happened in en of the course and scope of his $75213 for medical blls l and indemnity payments, asserted a I Anw.??•.r ?•.u ou.n 2. Statement of Basic Facts as to Damages Plaintiff seeks medical expenseslwage loss, pain and suffering compensation. 3. Statement as to Principal Issues of Liability. and Damages II 7-7 A. Liability: Defendant failed to maintain it's premises free of ice and snow. B. Damages: Plaintiffs medical expenses/lost wages, pain and suffering. 4. Liability/damages. 5. Witnesses Name Address 1. Dr. Dean Nachtigall 1779 5 Ave, York PA 2. Dr. Michael Sicuranza 908 S George St, York PA 3. James Hevner 179 Pickett Rd, Dover PA 4. Robert Glassmyer 3651 Trout Run Rd, York PA 5. Debbie Glassmyer 3651 Trout Run Rd, York PA 6. Susan Nissley 3140 Skylight Dr West, York PA 7. Todd Hevner 3284 Susquehanna Trail, York PA 6. Tami Grimes 739 Roosevelt Ave, York PA 9. Tracey Smyser 1530 Church Rd, York PA 10.Kim Reichert 35 Water Rd, Dillsburg PA 1 Uori Clouse 8 Village Rd, Mechanicsburg PA 6. List of Exhibits Plaintiffs medical records. 7. Current Status of Settlement Negotiations Subject Expert Expert Non-economic Non-economic Non-economic Non-economic Non-economic Non-economic Non-economic Non-economic Non-economic Respectfully submitted, Leah B. Graff LD.#29176 2 West Market Street P.O. Box 952 York, PA 17405 (717) 846-0606 I TERENCE S. HEVNER and FAYE J. HEVNER, Plaintiffs OCT 0 1 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I It V. NO. 98-6915 BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRETRIAL MEMORANDUM OF DF.FF.NDANTS AND NOW, comes Defendants, Blue Ridge Haven West, Inc., West Shore Health Rehab Center, Beverly Health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., by and through their counsel, Kelly, Hoffinan & Goduto LLP, pursuant to Cumberland County Local Rule 212-4 and submits this Pretrial Memorandum as follows: 1. STATFi<SFNT OF BASIC FACTS AS TO LIABILITY This matter was initiated by Complaint filed on December 8, 1998, which alleges that Plaintiff Terence S. Hevner slipped and fell on the Parking lot of Blue Ridge Haven West (later known as West Shore Health and Rehabilitation Center) located at 770 Poplar Church Road, Camp Hill, Pennsylvania, on the evening of December 19, 1996. Mr. Hevner was employed as a respiratory therapist at Holy Spirit Hospital located next door to Blue Ridge Haven West and, pursuant to a contract between Holy Spirit and Blue Ridge, was providing respiratory services to residents at the nursing home. At approxntately 10:30 p.m. on the evening of December 19, 1996, Mr. Ievner claims he slipped and fell approximately 60 feet from the entrance to Blue t Ridge. 'rhere were no witnesses to the fall. Mr. llevner admitted in his deposition that lie fell oil a flat, smooth, icy surface of the facility's parking lot and did not fall over or trip on a hill, ridge, mound, or accumulation of snow or ice. Meteorological records and the testimony of Defendants' weather expert, Paul Knight, will show that temperatures were below freezing and precipitation had fallen at various times during the day and evening of December 19, 1996, and, therefore, general slippery conditions prevailed within the community al. the time of Plaintiffs fall. Plaintiffs have produce(] no evidence that employees or agents of the Defendants failed to exercise due care or were careless or negligent in their duty to pedestrians, such as Mr. llevner, on the evening of December 19, 1996. 11. STATEMENT OF BASIC FACTS AS TO DAMAGES Plaintiffs claim that Mr. Hevner injured his right knee and ankle in the fall, resulting in the payment of medical expenses, lost wages, and impairment of earning capacity. Plaintiffs claim that knee replacement surgery performed in 2001, over four years after the fall at Blue Ridge, was necessitated by the injuries sustained in the fall. Defendants contend that Mr. Hevner's injuries in the 1996 fall were minor, that he was able, despite the injuries, to work his entire cight•hour shift on December 19-20, 1996, that lie received treatment in the holy Spirit Hospital Emergency Room only and was not admitted, and that diagnostic tests at the time of the fall were negative for fractures or any other serious injury. In fact, after the initial week of outpatient care for Mr. Hevner's injuries ended on December 26, 1996, he did not seek any further medical attention for complaints or symptoms allegedly relating to the right knee or ankle injuries suffered in the fall until 10 months later, in October 1997, Plaintift'?, hospital and medical records will show that lie had long-standing, chronic degenerative arthritic problems 2 which were what caused the need f'or knee replacement surgery in 2001, not any injuries sustained in the fall at Blue Ridge in December 1996. 111. STATEMENT OFTHE PRINCIPAL ISSUES OF LIABILITY AND DAMAGES Plaintiffs allege that Mr. Hevner sustained injuries when he slipped and fell on ice while walking across a parking lot. Generally, a possessor of land owes a duty to protect his invitees from foreseeable harm. I'Ventz v. Pennswood Apartments, 359 Pa. Super. 1, 5, 518 A.2d 314, 316 (Pa. Super. 1986). However, where the invitee slipped and fell on snow or ice, then the "hills and ridges doctrine" clarifies the general duty owed by a possessor of land to the invitee. Id. The "bills and ridges doctrine" applies when general slippery conditions prevail in the community at the time of the slip and fall. Id.; Alahonep Area School District v. Budwash, 604 A.2d 1156 (Pa. Cmwlth, 1592). The "hills and ridges doctrine" requires the plaintiff to prove the following three elements to recover in a negligence action: (1) that the snow and ice had accumulated on the sidewalk in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians traveling thereon; (2) that the property owner had notice, either actual or constructive, of the existence of such condition; and (3) that it was the dangerous accumulation of snow and ice which caused the Plaintiff to fall. lVentz, 359 Pa. Super at 5, 518 AN at 316 citing Rinakli v. Levine, 406 Pa. 74, 176 A2d 623, 625-626 (1962). A mere uneven surface 1 caused by persons walking on the snow and ice as it freezes will not constitute such an obstruction to travel. Id. at 626. Defendants will produce evidence showing that the "bills and ridges doctrine" applies here because on file day of the accident frozen precipitation bad fallen throughout tine day and 3 4, uv, had continued at times through the evening until shortly before Mr. I levner's accident. Further, the evidence will show That there was no dangerous accumulation of snow or ice in ridges, crevices, cracks or potholes in till- parking lot, as admitted by Mr. Hevner in his deposition, for lie claims that he fell on a smooth surface of ice. Consequently, Plaintiffs will be unable to meet the three-prong lest to satisfy the "hills and ridges" doctrine, without which there is no liability on the part of Defendants. Aside from liability, Plaintiffs must prove that they sustained damages as a result of Mr. Hevner's slip and fall. Defendants will produce evidence showing that Plaintiff worked a full night shift the evening of the accident and missed very little time from work thereafter. The evidence will also show that Mr. lievner's problems with his right leg stem from a long-standing history of degenerative arthritis and not from any acute injuries suffered in the fall at Blue Ridge in December 1996.' IV. SUMMARY OF LEGAL ISSUES REGARDING ADMISSIBILITY OF TESTIMONY, EXHIBITS OR ANY OTHER MATTER, AND LEGAL AUTHORiTIEQ RELIED ON Defendants do not anticipate any evidentiary issues regarding the admissibility of testimony or exhibits. Defendants propose a stipulation to authenticity of Mr. Hevner's medical and hospital records so that the custodians of records need'not be called to testify and the admissibility of weather records for December 19, 1996. V. IDENTITY OF WITNESSES TO BE CALLED Defendants anticipate calling the following witnesses at trial: 1. Paul Knight (liability) 2. David Baker, M.D. (damages) 4 3. Mr. Hevner S. Hevner, as on cross (liability and damages) 4. Plaintiff Faye J. 1-levner, as on cross (liability and damages) 5. James Hevner, as on cross (liability and damages) 6. Doug I-levner, as on cross (liability and damages) 7. Todd Hevner, as on cross (liability and damages) 8. Lawrence Pollack, as on cross (damages) 91 Robert George Glassmyer, as on cross (liability and damages) 10. Mark Battin, D.O. 11. Kevin Jackson, D.C. 12. Dean A. Nachtigall, D.C. 13. Hugh E. Palmer, D.O. 14. Michael J. Sicuranza, M.D. 15. George R. Roth, Jr., M.D. 16. David N. Geiger, D.O. 17. William S. Frank, D.O. 18. Jeffrey R. Alpert, M.D. 19. Craig A. Sullivan, D.O. 20. B.B. Giullian, M.D. 21. Suzanne Bematovich, N.H.A. 22. Thomas Clark 23. Steve Boring 24. William Dowdrick 25. Prank Dravk 5 26. Stcd Parson 27. Michael Gallagher Defendants reserve the right to call any witnesses identified in Plaintiffs' Pretrial Memorandum and to supplement this list in a timely manner prior to trial VI. F.XHIBITS Defendants may introduce any of the following exhibits at trial: I Medical Report of Lawrence Pollack, D.O. 2. MRIs of Mr. llevner provided by York Images Center. 3. 1994-1996 x-rays from Holy Spirit Hospital, Department of Radiology & Diagnostic Imaging. 4. Medical records from York Hospital 5. Medical records from KDV Orthopedics and Rehabilitation, Ltd.. 6. Medical records from the Alliance Health Work Net. 7. Medical records from the York Orthopedic Surgery Institute. 8. Medical records from Memorial Hospital. 9. PMA Workers' Compensation records 10. Medical records of Mark Battin, D.O. 11. Medical records of Kevin Jackson, D.C. 12. Medical records of Dean A. Nachtigall, D.O. 13. Medical records of Hugh F. Palmer, DA. 14. Medical records of Michael J. Sicuranza, M.D. 15. Medical records from The I kart Group 16. Medical records from J.R. Miller. D.O. and R.R. DiPictro, D.O. 6 17. Medical records of George R. Roth, Jr., M.D. at Neurological Surgery, Ltd. is. Medical records of David N. Geigcr, D.O. at York Surgical Associates ' 19. Medical records from York Imaging Center 20. Medical records from the Community Hospital of Lancaster 21. Medical records of William S. Prank, D.O. 22. Medical records of Jeffrey R. Alpert, M.D. 23. Medical records of Craig A. Sullivan, D.O. 24. Any document marked as an Exhibit at any deposition but not specifically identified above. 25. Transcripts of deposition testimony of the parties and witnesses: 26. Curi-icultan Vitae of Paul Knight. 27. Expert meteorological report of Paul Knight. 28. Meteorological records for December 19, 1996. 29. Curriculum Vitae of David Baker, M.D. 30. Report of examination and record review of David Baker, M.D. 31. Anatomical charts and/or models. 32. Diagram of incident site. 33. Blowups, transparencies, or other images of documentary evidence, including medical records and deposition transcripts. t Defe ndants reserve the right to offer any exhibits identified in Plaintiff's' Pretrial Memorandum and to supplement this list in a tiniely manner prior to trial. y i I VII. SETTLEMENT NEGOTIATIONS On September 30, 2004, Plaintiffs' counsel indicated she could recommend 530,000 to her clients. Defendants are in the process of considering an offer in response to Plaintiffs' figure. VIII. MISCELLANEOUS Defendants request a bricfdiscovery deposition of Mr. Ilevner to update his health status and damages information since his last deposition taken in August 2003. Respectfully submitted, ?I Arthur K. I-Ioffman Uki Attorney I.D. No. 31782 Bcgene A. Bahl Attorney I.D. No. 87803 KELLY, HOFFMAN S GODUTO, LLP Commerce Towers, 10°i Floor 300 North Second Street P.O. Box 62003 Harrisburg, PA 17106-2003 (717) 920-8100 Dated: October 1, 2004 - Attorneys for Defendants Blue Ridge Haven West, Inc. West Shore Health Rehab Center Beverly Health and Rehabilitation Inc., Beverly Enterprises, Inc. and Beverly Enterprises of Pennsylvania, Inc. 8 77 CERTIFICATE OF SERVICF ! On this 1" day of October 2004, 1, Pamela L. Russell, a legal secretary in the law fine of G Kelly, Hoffman & Goduto LLP, hereby certify that i have, this day, served a true and correct copy of the foregoing PRETRIAL MEMORANDUM upon the person(s) and at the addy-ess(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Leah B. Graff, Esquire Law Offices of Dalc E. Anstine, P.C. Two West Market Street Post Office Box 952 York, PA 17405 Counsel for Plainti Ills ¦ TERENCE S. HEVNER and IN THE COURT OF COMMON PLEAS FAYE J. HEVNER, CUMBERLAND COUNTY, a PENNSYLVANIA Plaintiffs, V. NO. 98-6915 BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATICN, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., : CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS BLUE RIDGE HAVEN WEST, INC., WEST SHORE, HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC. AND BEVERLY ENTERPRISES OF PENNSYLVANIA INC Defendants Blue Ridge Haven West, Inc. ("Blue Ridge Haven"), West Shore Health Rehab Center, Beverly Health and Rehabilitation, Inc., Beverly Enterprises, Inc. and Beverly Enterprises of Pennsylvania, Inc. (collectively "Defendants"), hereby move for entry of summary judgment pursuant to Pa. R.Civ.P. 1035, and in support thereof aver as follows: STATEMEN,r OF FACTS AND PROCEDURAL HISTORY 1. This is a negligence action arising out of a slip and fall by Plaintiff, Terence Hevner, at the Blue Ridge Haven (now known as West Shore Health and Rehabilitation Center) parking lot at 770 Poplar Church Road, Camp Hill, Pennsylvania. 2. Plaintiffs Terence and Faye Hevner initialed this matter by filing a Complaint against the Defendants on or about December 8, 1998. a 0 3. Plaintiff Terence Hevner was employed as a respiratory therapist at Holy Spirit Hospital which is located approximately 600 feet from the entrance of Blue Ridge Haven. 4. Pursuant to an arrangement between Holy Spirit Hospital and Blue Ridge Haven, Holy Spirit Hospital provided respiratory therapy services to residents at Blue Ridge Haven on occasion. 5. By virtue of Plaintiff's employment at the Holy Spirit Hospital, Plaintiff was one r of several respiratory therapists who provided respiratory therapy services at Blue Ridge Haven pursuant to the arrangement. In that capacity, Plaintiff often provided such services at Blue. Ridge Haven during the night shift immediately upon concluding his shift at Holy Spirit Hospital. 6. On the evening of December 19, 1996, at approximately 10:30 p,m., Plaintiff had finished his shift at Holy Spirit Hospital and began wa!king along the route he regularly traveler; when making his way to Blue Ridge Haven from Holy Spirit Hospital. 7. Approximately 60 feet prior to reaching the entrance of Blue Ridge Haven, Plaintiff claims to have suddenly slipped and fallen on the flat, smooth surface of the Facility's parking lot. According to Plaintiff, there were no witnesses to the fall. 8. Plaintiffs' Complaint asserts, hater alga, that. Plaintiff Terence lievner slipped and fell as a result of Defendants' negligence in allowing ice to accunmlatc on the Blue Ridge Haven parking lot. (Complaint, 113.) 4' r STANDARDS OF REVIEW 9. Summary judgment is proper where pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of t law. Ducat i v. Dennis, 540 Pa. 103, 656 A.2d 102 (1995). 10. To withstand a motion for summary judgment under the current Rules of Civil t.., Procedure, the non-moving party must produce sufficient evidence on every issue essential to its case to satisfy the burden of proof at trial to meet its prima facie case. Failure to produce such evidence establishes that [here is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Washington v. Baxter, 553 Pa. 434, 719 A.2d 733 (1998); Ertel v. Patriot-News, 544 Pa. 93, 674 A.2d 1038 (1996), cert. denied, 519 U.S. 1008, 117 S.Ct. 512, 136 L.Ed.2d 401 (1996). 11. Mere conclusory allegations and pleadings without supporting factual allegations are not sufficient to overcome a motion for summary judgment. Hughes v. Council 13, 157 Pa, Commonwealth Ct. 96, 629 A.2d 194 (1993),M., 536 Pa. 539, 640 A.2d 410 (1994). 12. Upon examining the record in a light most favorable to the non-moving party, a court may properly enter summary judgment if the adverse party has failed to produce evidence of facts essential to its cause of action on such issues to be submitted to ajury. Martin v. Hale, 699 A.2d 1283 (Pa. Super. 1997). it. -3- L , M PLAINTIFFS HAVE FAILED TO ESTABLISH THE EXISTENCE, OF "HILLS AND RIDGES" OF ICE OR SNOW ON THE BLUE RIDGE HAVEN PARKING LOT. 13. ]n pursuing a negligence claim based upon a slip and fall on ice, Pennsylvania law n n clearly dictates that liability cannot result based solely upon general slippery conditions which may exist on the surface of a parking lot or sidewalk. Rather, for liability to exist, a plaintiff is required to demonstrate that there were dangerous conditions due to ridges or elevations, which were allowed to remain on the walking surface for an unreasonable length of time. Roland v. Kravco. Inc., 355 Pa. Super. 493, 498, 513 AN 1029, 1032 (1986), ate. den., 517 Pa. 599, 535 A.2d 1058 (1987); Bacsick v. Barnes, 234 Pa. Super 616, 341 A.2d 157 (1975); Rinaldi v. Levine, 406 Pa. 74, 176 A.2d 623 (1962). 14. Moreover, for a plaintiff to establish a cause of action based upon a slip and fall on ice, he must also show that the ridges or elevations in the snow and ice were the actual cause of the fall and that they were of such a size and character as to "unreasonably obstruct travel and constitute a, danger to pedestrians traveling thereon." Absent such proof, a plaintiff has no basis for recovery. Rinaldi, supra; Izzo Y. Meyer, 259 Pa. Super. 95, 393 A.2d 733 (1978). 15. Pennsylvania law requires that where a property owner is charged with negligence in permitting snow or ice to accumulate on a sidewalk or parking lot, the plaintiff bears the affirmative burden of proving all three of the following elements: a) That snow and ice had accumulated in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians; b) That the property owner had noticed, either actual or constructive, of the existence of such condition; and -4- r :. ,-.... ....,? .tea a+ c) That it was the dangerous accumulation of snow and ice which caused the plaintiff to fall. Miller v. City ice & Fuel Co., 363 Pa. 182, 184, 69 A.2d 140 (1949). 16. Absent proof of all of the foregoing elements, a plaintiff has no basis for recovery f under the "Hills and Ridges" doctrine recognized by Pennsylvania law. Milburn v. Knights of i Columbus Home Association, 167 Pa. Super. 509, 511, 76 A.2d 466 (1950). 0 17. The record in this case leaves no doubt that general slippery conditions prevailed at the Blue Ridge Haven parking lot at the time of Plaintiffs fall 18. Local climatological data collected by the National Oceanic Atmospheric Administration ("NOAA"), National Climatic Data Center for December 19, 1996, reveals that frozen precipitation had fallen throughout the early morning hours of that day and had continued through the time of Plaintiff fall at approximately 10:30 p.m. (See App. A, Local Climatological Data for December 19, 1996, from NOAH and the report of Meteorologist Paul Knight which explains the data in narrative form.) 19. The data also indicates that by 5:00 p.m., the temperature had fallen below 32°F, u temperature that would have maintained the precipitation which fell as frozen throughout the general area, including the Blue Ridge Haven Parking lot. (See App. A). c, 20. Plaintiffs cannot refute the climatological data which clearly establishes the existence of prevailing slippery conditions in the community at the time of Plaintiff's fall. 21. When questioned about the weather conditions at the time of his fall, Plaintiff stated than lie could not recall the air temperature or whether it had been snowing, sleeting or raining at the time. (Hewer Dep., pp. 65-66, .App. B). 5 r.? 1• V t 22. Plaintiff was only able to recall that precipitation "might have" fallen earlier that day. However, he was uncertain as to the time, form or amount of the precipitation. (Hevner Dep., pp. 66, 69, App. B). 23. When questioned further regarding whether generally slippery conditions existed at the time of his fall, Plaintiff similarly testified that he "honestly [couldn't] recall". (Hevner Dep., p. 66-67, App. B). 24. Moreover, the record in this case demonstrates the absence of any hills or ridges of ice or snow on the Blue Ridge Haven parking lot at the time of Plaintiff's fall. 25. Plaintiff affirmatively testified that he had not slipped on any mound or accumulation of snow in the Blue Ridge Haven parking lot. (Hevner Dep., p. 76, App. B). 26. Plaintiff similarly stated that he did net notice any crevices, cracks or potholes in the parking lot which could explain his fall. (Hevner Dep., p. 74, App. B). 27. Plaintiff also testified that his fall was not. the result of tripping over an object lying on the parking lot surface. (Hevner Dep., p. 76, App. B). 28. Rather, Plaintiff readily conceded that he had merely slipped and fell on a "flat slippery surface" on which he typically and regularly walked and for which he was familiar. (Hevner Dep., pp. 76.77, App. B). t 29. Because Plaintiffs have failed to establish any evidence that there were bumps in the ice on the Blue Ridge Haven parking lot of such character as to unreasonably obstruct travel and constitute a danger to pedestrians traveling on that surface, the evidence certainly does not support the contention that Plaintiff fell on hills and ridges of ice and snow, but rather fell as a result of walking on an otherwise slick surfaced parking lot. 30, Because Plaintiffs have not produced any evidence of the hills and ridges of snow G' and ice necessary to sustain their present cause of action, Plaintiffs have failed to make out a prima facie case of negligence against the Defendants as a matter of law. 31. Even if the Court finds that the "Hills and Ridges" doctrine does not apply in this case, Plaintiffs have nevertheless failed to produce sufficient evidence to sustain their negligence claim against the Defendants, 32. Plaintiffs have produced absolutely no evidence that the Defendants failed to take 41 adequate precautions in providing snow and/or ice removal or treatment to the Blue Ridge Haven parking lot. ® 33. Plaintiff readily concedes that fie has absolutely no knowledge regarding whether Defendants shoveled, plowed or treated the parking lot for snow or ice prior to his fall. Nor has any such evidence been produced through discovery. (Hevner Dep., p. 71, App. B). i I t- 34. It is well established under Pennsylvania law that a property owner only has a duty to treat or remove snow or ice accumulation within a reasonable amount of time. See Harmotta, 411 Pa. Super. at 379, 601 A.2d at 841. 35. In light of the continuous precipitation that had fallen throughout the day and evening on December 19, 1996, Plaintiffs have not produced any evidence capable of establishing that Defendants breached any duty they may have owed to the Plaintiff. 36. Moreover, the fact that Plaintiff had fallen on an icy parking lot cannot, by itself, establish such negligence as a matter of law. -7- C WHEREFORE, Defendants Blue Ridge Haven West, lna; West Shore Ilealth Rehab rl Center, Beverly Health and Rehabilitation, Inc., Beverly Enterprises, Inc. and Beverly Enterprises of Pennsylvania, Inc. respectfully request that this Court grant their Motion for Summary Judgment and that plaintiffs' Complaint be dismissed with prejudice. " Respectfully submitted, Arthur K. Hoffman, Esq. Attorney I.D. Number 31782 Marc A. Moyer, Esq. Attorney I.D. Number 76434 DUANE, MORRIS & HECKSCHER LLP 305 North Front Street, 5th Floor P. O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5500 Dated: 2 00 Counsel for Defendants Blue Ridge Haven West, Inc., West Shore Health Rehab Center, Beverly Health and Rehabilitation, Inc., Beverly Enterprises, Inc. and Beverly Enterprises of Pennsylvania, Inc. HISGU3539.1 t f ? - A . s .. s a r A I' 503 Walker Guikling The Pennsylvania . State University University Park', PA 16802 Mr.` Marc Moyer Duane, Morris & Heckscher, LLP 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 "w Dear Mr. Moyer: r At your request, I have examined the hourly surface weather observations from the Harrisburg International Airport on December 19, 1996 to determine the atmospheric conditions in the Camp Hill area on that day and night. Since it was overcast with an increasing wind,. the weather report, specifically the temperature, from Middletown is applicable and representative of conditions at Camp Hill due to the uniform mixing of the lower atmosphere under such circumstances. According to the hourly precipitation record, 0.12 inches of liquid equivalent precipitation occurred between 12 and 8 am EST. Part of this fell as snow and accumulated 0.3 inches. Trace amounts of precipitation (less than .01 inches) fell between 4 and 9 pm and again at 10 pm. The air temperature was near freezing (32F) during the daylight hours, but fell below 32 at 5 pm and was between 25- 27F during the hour between 10-11 pm. The temperature continued to fall reaching 24F at midnight. The Wind bccanne auitc strong°late in the afternoon with winds from the northwest averaging 28 miles all hour from 7 - 11 pm. The combination of falling temperatures, passing snow showers and gusty winds would have caused trace amounts of precipitation, any standing water and snow or slush to freeze over leading to slippery conditions in the area from 5 pm through midnight on December 19, 1996. If I can be of help, please call. 1"o u!Truyl, Paul Knig11?r Pennsylvania State Climatologist encl: December 1996 LCD and Hourly Observations from MDT PCNNSIAI I ---- _-......_..._.: IR :1 °h"rinsylvania State A Service to the Commonwealth by the College of Earth and fvllneral Sciences Voice/Fax: (814) 865.8732 Modem: (814) 865-8699 November 3, 2000 An Equal Opportunity Employer n ' (L l^ n. O N Y.' , O O r z r CC g W .r a ?-?? QI Z IL 3 4 co J of W s? w Z C" . Q m l ? • o C? Ir N cc 0 3: 0 J ? `/ 0 0 cis Q? t I ? rn to 4 E cd t.' m U co U U d ® O Z 4 L DECEMBER 1996 MIDDLETOWN/HARRISBURG APT, PA 31VQ V OOU00 ON O « N n V o wb"w 2 Nmy m O O -I 1 a y j , m , N N rvrvNNn HI0 n000V ryN«OU NT1r1bY NOn0. 0, O, V,-10.0,' nhnmOY (7 Vl«,-1 nn«n« nnnnN «UOnn «NnNrv N««Nrv «O«Nnn ¢ Oo «« ` 7 4 ' 1 Q33dS nmVrvl 1«« nN rnhvn .« .« 1 h'O Yrn « NbO.rvb VOnhm V01n NrN ' Z 2 .{D«'I ; '•• • . . . .y ,-1« «« MIN «««nrv « .-I ..«« p F«rv Z? 10i. my HIO ?rio ?3 v 0 03 0 Q33dS I- 0 Y W NN0 ?Y 033d5 ? 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MIS [V1S6Z7 00 0 00 0 0 0 0 ••0000000 00000000 ?• 00000000E ? • G 00000000I (? ( 000000001 ? p • ' I IS 'j $ f i Cy wOOFNFFFF{irrr Om j{ 5> Il1 .rviN bYIflNhm Nnh Ol y?NN?Y ? b N H 1 O /W I {l 4\ I -[. r 1 r 1 NNNNpj NNV1 eiNNNp1NNrH r tp WWW OOOIII ? [4110 3 C IWY QYI li3 (1St 3WLL ] NOLLYAN3St) - - o9ooNO0 0r0?n 000 oooolnoo 1990 $A01 O?NNNNNN UV UUV(JUU UUUU UUUU UOmmh•J •'i •i Nn Om URFIl1' 00•-IFVmOU +oooNZ OM1O0 000 ooooN ::o:: ::o:: :: Y. .: :: :: .. ..ry N.100N.+ No NO y.ooN Nry. ] V V • VU UV UUU ' • • • ? 3 YUV UUUUU t 1: c UUU UUUUU f•Tf•'t;"iUU UUUU H 1».J » > it» 2 52» SE xxuWiaW W» > > W1W 2 ] U3AOO ANS xx xx u »» »> u1 00 0 0 00000000 NmVIWm WN1t! NNNVINWWW 4.000 moommm00 mmooo00N .00.. i. N OoOp b?rv OOO?N NN ? ? b ? usilanoH N NN N N OOO ( NN OOO N OOO q NmNgnmT gTOrh ThO 00•JNOgOr YNT PNPTm V+OV r 0 Hrymlfl YlYFN Y n mnN NN•".NN OO gmmFmT PPP+TTggO V V W^ ' ¢_ .)N31 vas 090 NONNN N..NfVNNnV V V V V % 00000000 00000000 00000000 00000090 onTTmrnrnT RgRgPTTO N N N N N N m m n n n m m n n m m n n N N N N N N N • N y • 1 m m m n n n n n n m n n n m m n m n n n m t ' W V J U OLLvis CC N s N•-1N NOrinmNgO OOOOOm00 O mFN 03090 SN31 µ? RPP?INTmw 004bNbVl ri NN mbbVm r•lnno .?N•+• N•+•' •+0.+•y •y N.-.o OOOOOn00 ' N0 11 0 3 1110 oUVOUO9o oomm? mmo 9mnn ?10 ?On0 ogoo O 2 m No???? lowu+rvvrvgN 0cirvhhh mm holm N rnmmo bNmrr T• ? ? (VWW}033ds NriN . .1N. . a N - - UJ? AimiroW (( h I 3ALLV73lf p. 41 m m ?- W ffmiaM {z ? LL ? d 1NIOJ M30 y / li QN)O ANO N .?i N N N N_ -- U U V L1)' KT?KKK? mmKm Km W? mKKm m mm S ? ( R np A OK KKn4?. aKKa K F m m m 1 m 1, m m m m 7 1 K K- 114 a as sir?a sa?zreaa es3s ??[sa x a av s uaa ass vrarasss M i s 0 ?o9oo0000 s 000ooo0o moon 00000 WO0oln0 vlmo ?Nnrr 9ooo oo99909 M (SMIV AL•IIUISIA ? b 4? YVYYYY OF OONIM1N OOOH?1N V1 J1NYI U1N Ij Nn rvN.iHj a 000YF M1F ?N= JIb M1F FF' N N N rI N N N N N IWY OlO 913 ? p b m (L" 31vLL 12 1 y N0OYM135O0 - `y - C 1J 93 $(pl - NN mmOYNY ONOn OmVN OOY1w J Yh VmnNm ONYV Ym00 OPm N UL)(l Ur'1nN 000 M N3A00 AX o S Z3 l300b0m0 NNNmD0.0 O.)UCf0000 000000 ?) ^? LL lY tiYF OnN PN Nor On NPN .iVh OmlOgN .YF OnbPN NVh On NqN N•IrOn NPfV .NN 000.1 NN OOON.i .1NN OO9N..INNI11 •IN 0 0 1Vl . W . . 0 000.1 .1N.+N 000riNN.4N ) 1 C Z ?y 2 3 Untitled Normal Page h I"1 r} Li li Page I of 1 Unediced Surface Wuat Obxrvalions (MLTAR/SI'CC) laeimdc 40" 12' Longitude -76"46' $UI100 Elm (R) 103 Time Cdnv ion Da 19 y Mon 12 . Yw 1996 SID MDT 1 I F 1 S n5 2 OS FIR IRU J ]30 S1'1) I M 0 WIND US m 5 ] ARIAIIII-IT 1RU1? 6 ) 'URI-AC7 'TAI" MILS 7 VISIIIILI'1'Y RUNWAY T VISUAL RANGE (FI) B I'ItBENT %%, ,- niR 9 -ftA SN 111, SKYCONDI11ONS 0 70008 n369 'C II 1 UEW IN °C 12 1 AL73-. I (L'fI2 INS. 13 S 15 000 0 -SN RR -0006 1 3. S 25 000 0 5 :35 000 0 V0005 1 1 IW010 OVC030 1 1 5 45 !30 7 KN01T OVCT3 2 2 5 55 000 0 qJ'R VC012 L 1 S 65 310 G KN010 OVC025 2 2 75D 72 W010 OVC025 2 2 OS !JO 7 CTOIS OVC040 z 2 95 J3 0 e CT010 OVC024 2 5105 7J0 22 SCT000 OVC042- ]2 - -2 - 1150 130 13 -' SCT012 OVC045 _ -1, - 251 30 - - )VC014 3 2 F3 5 0 J20 13 itOJ016 OVC050 3 1 - 5145 J30 12 - '.K016 OVCO40 1 1 S1SS !00 1S -SiiSl1 Uii 7CV1n --' -p 5165 290 22 -SN eft V0009 ' p _1 175 290 24 - SN DR 1YJ4009 OVC020 _2 4 5185 290 24 33 V - 5N RR 1Y.-N020 OVC045 .2 _5 5195 2 90 21 JQ --' - SN Bit 1 171020 OVC040 -3 _7 05 50 2S 37 3 T04p OVC120 -3 -I 1S J 20 24 3s - CT040 OVc120 -1 30 ' 25 OF 23 3 . ?- -- "-- . ; CT040 .74 - 13 - ' J5 1 00 2b - - - -?`- 1 NN040 -- - 5 - 7) C http://ol s. nede,no.*ta,,!Ov/cgi-I)i n/tinde/ren0i.-OO I .ci,i 10/1()/2000 Key to MrTAR Surface Weather Observations f'f Unedited Surfau Wwlbu Obseruians Latitude Longitude Station Time Day Most, Year SIC (ML-rMuSI'CC) Iilev. (fO Conversion 1 41°59' •87°55' 058 02 01 1999 ORI - WINO VISIBIL11'Y IT IM4L DIR SPD US 7 A11U n l AIA 'URFAG• RUNWAY PFMSLNT - SKY CONUI770NS FliMl " DhW ' ALl . KT'S 1,111 TRUE. 'TATU31i VISUAL WCATIICR C OIN7 1:11 P MILTS RANGC(171) °C INS 1 2 3 4 5 0 -7 8 9 10 11 12 IJ S 049 100 21 3/d tl4R/QOOOVP6000FT -SN DH 31W005 OVC015 -08 -09 302 ASOS CHICAGO, IL REMARKS AND SUPPLEMENTAL COULD DATA - 14 Cotunm [NWnher _ ,- - -. 1 ? TYI l: C-_ Type of Gbven auun ? ti routine (standard) howly observation. w?re S on these forms ahlwugh they are not Non-sWndvd tune observation will also sho ( z nnwpsn lute of Oh enauon _ I reported as I. l Standard Time' _ _ - 1 it pored to nearest degla, 0 to 359, from we nosh. Ilascd on a 2-minute average lust prior to l 1 3 DIR 7RU13 W'und Dircemn observation mile - SpDKrS W nW S xxd l (rc red in knots. Based on a 2-ulinwe average just nor to observation tune 11 G(1ST F 'TS ?( nd Gust l W' lhighest recorded wind speed during a 5-second period since last observation. Reported whin wuid I____n Ell . ?__ _ _._ VARIABILITY 1TtUi --. -? -- i -. Venable Wmd Direction ladia.tar [ --- lsprrd carmds 25 knots. deremmned if during the 2.minum evaluation period it s arks by 60 degrees or more MElmlicss Of (wmd s? ccd___ r---- ?I ( mlwitW in suture miles & fnaiom: kfaa reported visibiltty is 10 statute miffs. Ucrived by sensors ibili i i 7 SURI°ACC STA7,M prevailing Surfea 1 -? s s ty Reported as variable is prevailing visibility varies by 112 mile or more and the avenge v MILTS Viubday less 0um 3 miles. (? rfloned when surfau visibility 1 male or less Runway Visual Range N 2digm runway designator 8 RUNWAY VISUAL I SrcOf IVaddnY l<h Ctnler, or Right as noeded;7%Mmes or Plus, 4dig11 value 4d;gi( vaue Varialbihty 4digit I IHANGE(Il) 6twuufnums value mid tendency Down, Up or No lunge) J I RISII4T (Wtinnt)x J (Sit Tab. of SigniOcaont Weather mid Obrtvnlions Reported 5y ASOS (below) _ ___ _ _ Shy Clear i { 2B SC 1laed 3/64/8 BmKcN 5/6 718 U\ crCast &% 3dign hciplu in Claud amuu°t Ihundreds of fI T z? ing Cumulus a CumulonrniBuc in NILTAR. Vertical Visibility far obscured or I 10 SKY CONDITION sky mid heir :d VV(o.. Mom Dun l layer my be reported ASOS stmions mport ady. CWR f treigllr and 111e 1 Ufar below 12,000 fee 1 (1I ? (I,-Ml ? r) Bulb _ _ (IifIWItQ'111n wlglf dl giCta CLI5N3 l - - - a ? I rill ellWe , p I 12 (?__ r-- I DLW POINT JI_= ._ ( ifwntfd in wlole dotees Ulsius l (,,fn1i!1(Til?if lI_ _ 6 , Ir ,net to nfalesl buidwaln of art ullln Allillele Kiting is the ccunpulfd fifes Lie value to w4udi an I '1} IA1--f,M11,?1 (1N$.) tuman Scuint+n mitarift is W W Ilim n will indiale t e altitude a110vf meLl LCa level Of an ailaa110I1 IlAkIliesollsirloury lie giounJ at the location for w' udi the value was deiamunod. ?11 REM AH).S AND ?SUPP'LODDED l fsa rabic Ika teiow lot derails IDATA ) KEY Swi'ace Weather Observation (iv1EJ AR) 0 !' i.. Page 2 of 4 Table of Remarks and Supplemental Coded Data e following groups we re{wned in the Remarks section of We swo tepons. Remarks include clarifying or augmenting data eoncerninG demons in the atn.I( an clement or phenomena does not occur, is missing, or cannot be observed. We (1312. dy of the SWO reports, additive ailed data, affil mainternnce niesponding group mid space are oniiwd (body and/or renurks) flout Uiat panitvlar re{wn, ecc<pt for S<a-Ievd li essure (S1.'{iPPI SLPNO shall Ix ioncd in a MM AR wbcn the SIT is riot available 11+c left mast column arc ekarnplcs-- ----- - --------- TOIiNADO ll ((Augmented;report %bould include TORNAIIU FUNNEL CLOUD or WAlI1.Sl OlJT,ume (after We hour) ,Nr LOUD TORNADIC AC17VIll CLOUD or ly of txfmmnghnd location. nwvenrent e G l01(NAI)U B25 N MOVE F A7rIL J U'OlR __- ?? Tlll OI AlRGh1A71 [) jjAOI automated station without apr<eipnahon dcsaiminamr. AU' automated stationwNi precipitation AOI -1 STAIION d +cnm nator __ - - - - pg WN7) II 1I K w ND ddUCflf(hh)nun ducaion in tens of degrees sprcl m wlmlc knots, time (rcpone4 m UTC) m 2003y25?I i i Al. L r ) -- minutes after thelmr Only nunutes After rile I sac is ^ f toe hour ca+_lu inferred from the rcporr_ J WSI R7 folWwed by Iwurs and mmuma of ucwrrenceJ7K tcnn IROI'A may bentucd afej thethe tune if it -? WSInT 1715j w9NU SlillTAA1NI'> is reasonably certain Uwl the wind shift was a result of a frontal passage. -?_ ToWrR olt Slllil ACP R V1S wvw visibility «ponod by rows pnuxindK 6 1'w li VIS 2, SI C VIS wwv visibility TIM \1S 2 I VISIal111Y i'll te4 by ASOS w observes. a p.'rncd if prcr atlmg visibility is d statute ni.lca and vaaalde _ l ?I VARIAI)Il 1 RI VAII LNG l? - = v _ vl4 v4%11 in I V IS vnvnvnvnva\ w,vrva vav rc VISII11UlY \1S ]f4 R\CYI II VISIRtI.nl AT SI f`ONU IS. vvvv v(UK) rgiortc4 Hdd(trtru Uun UK rc{rnnn) Ivcvmhng vadnlny m Uic liady of die tywM__ 111111 1.0C.AnON rci+aned. ?I I7U QUI.NCY! 1 TG (i.[KA7TON) wlKn deterred tile frequency and location is CB.. 17(Q 1.71 F7tQ LTG NIJ ?I 11GIn4lING - NI nwatiiag it uvd lightning to oonbeaai of station.--^ -'- _ '- Sm Mile derails in table below) S '' - wwl3Qdilnind (lJJnim, 7R(Id+)mml':(hh)nun,whrse w'dis We preacin+s'catlKr prayiilaliM twnita(1ion, ndiaiea coded (Ni)mdKSta 0K hour (rc{Kxted in UTC7 UK plKnornw Lcgan a - -S a1.GlNNMG AND CNIHNG III sndicucs tKgan, In can lK ortuued d(hc hiwr Car11K i'ifrnod hom dK iclarn tom ind+tatts tIK minutes afim the And itA1t07 11IN4 OI' 'hl (717TA11ON aided car I ANDII(l1NDl RSIORMS hour the llKMlnieinKi befan a ended. _._ ... ..?_. __?..-; JJ t `f _. uidiures{amiutuairKK rca3ung Ure Lrwnd is observed. t ]I f I Y } li l l n wi l+ li mod?ied 'I CIG COV017 II ARIAIIU t711 dN(i 1+ re(vw1 is -e W Im and variable l UK mint GiinfUK body of tile , "° . G iJJ+ll.Ot I C+'dmg Iraglu ie{nne4 N tmuWarycalwiKxn tiro ailing value is d+llema thin UK p 1l1NG X C.AJ Al CIG 017 C7 ?_ R1t'l f l 7III SI.CQNUIACA770N -,il x•duv lwillil in UK lwdy of Uw r<farit 10110/2000 r viViiru Ciir:v ::.°-1L`-'.711'=rv•inn/cwGln)Cl3rdCLOdCr.bltl)I tlttp:ilwww .ncdc.nt):l.% Table of Significant Weather and Obseurations Reported under "Present Weather" Column KEY Surface Wealher Observalian (METAR) 1'> e? Table of Remarks Referring to Characteristics of Pressure Tendency I)csctipton ( Al11WSpiafYtl If S I ... , pte3aW[nOW OO IInOCdSmP tlee(lien ateal) Mrtics"s(np thcah inQeasiarr' roar M ly - luglarr LL 3 ilnorasmT nraddy nr ern badly T hours ago Ixuras, astead thorn uuacashn or snow n? tlitll sna[ara, none dl Atnlasplrri. ?Itloravry' Wm dnneaunf .. sure no. t: http://www.ncdc.noa.i.pov/ollcl i nlalc%onversi oii/swonletardecoder.litn71 Page 3 of 4 r m?ro IrA113NG RAPIDLY ,nwnnw tn,?orn, p,uawc ury up,wyu caw u, woes rauw,. mn,a w "" CI.1125 __ Ls1iA uivl•7. PRHSSUw] ?SU'rrp::u level pressure reported for rep in tens, units, and s[nWs of hra. --? } C i- I t ooa3 J IIOURLY 1'RECIPITA170N AnfourrT Pnrtin tens; units, tuWu and hundredths of an inch since last regular houdy MITAR. A voce is tepotled as 1'0000. 60009 b AIJD 6.1IOUIt f ' OUR; precipitation aanount, including water equivalent, to nearest 0.01 inches for past 6 hours repotted in W, 06, 12, and 18 1nC observations mid for past 3 hours in 03, 09, 15, and 21 UTC observations. A 1 l'R1iC11'ITA710N Ah10UNl J (nle i1 611000. 24-11OLM FIRLcipfrAnON MUR24R241121; precipitation amount to nearest 0.01 inches for pan 24 hours Mponed in 12 UPC 70015 AMOUNT o6servadon; ag., 70015 indicate 0.15 inches of precipitation for past 24 hours. snTaTaTasn T'aT'aT'a; reported to nearest tenth of oC; sn: L if 700640036 IIOUI(LY ILMI'HRA7V Rli pND DIiW ['OINP temperature or dew point below 0°C and 0 if temperature/dew point OoC or higher. 10046 G-11 111R MAXIMUM • Is,T,TRT,I rnaannum tauperature for past 6 hours reported to nearest tenth ofdegree Celsius; reported on 17,FfpCRA7VRr: , O6, 12, 18 l1TC reports; s =I if temperature below 0°C and0 if temrrsaturc 0°C or higher. o . 21012 6-HOUR MINIMUM 71?h11'r:RATUIUi 2s?TnTnTn; ntnimwn temperature for past 6 hours reported ro nearest ten a of degree C<Isius; reported ran n V IC 12, 18 UTC repons; so = I if temperature below 0 C mid 0 if temperature 0 C or higher. 4s,T,T,T,s,,T,T,Tn; maximum icnlpeniure for pasl 6 hours reposed to nearest tenth of degree Celsius 24-I fOUIt MAXIMUM AND nNned on midnight local standard tine rcpoas: s = I if temperature below OoC and 0 if tempcrature 00C 400461006 MINIMUM n T7_,IPERA7Vltli or higher; e.g., 400461006 indicates a 24-hour lauainwm tcmpaamrc of 4.60C and a 24-hour ntnimum temrermurc of -0.6°C. [8033 ? PI(PSSUItIi 71iNDIiNCI, f ] Sappp; the character (a) and arnount of dhange in pressure (ppp) in terulhs of lips for the past 3 Iwurs. (111 code details in ablebelow) ___ - - RVRNO: RVR missing; VWINO: precipitation idcntifia infemution not available; IIN04 precipitation SENSOR STAINS amount not available, IZRANO: frcering rain infomution not available; 7SNO: t understomh infomulion F TsN I INDICATORS art available (nuy indicate augmenting weather observer not logged on), V1SNO 11_OCI visibility at second o lorauml not available, e .g. VISNO RW Y06, CHINO lLOC1: (cloud height, indicator) Ay condition at - - - -.,- sermufa3 location not avallabl[, e g_ CHINO RWY06. S MAIMENANCI C.HI C). INUICA7Y)R Almincnancc is needed on the systcnl. 'l'abile of Remarks Referring to Type and Frequency of Lightning L _ ._. ... __ . Type of I ItII ning- _ ?aud-&round JL ? C(i,?ILlphmmr. armninF lattwecn loud arW);round_-----_-_-,-- ^.:----- _--- f In cloud- ]t _ IC Jllarhsmnf xhirh uk?alace widen the cloud -_ __ -^-- _-? ?Clouddoud ]I CC ]Str_at of hFhmm readuu from one loud to anrnhu _ __ ?uCloud-av ?? . CA ?iS Vraks of hfhutng x7udh pass from a cloud to 94 _air, but do not strike die rround .. .. .._ ? - _? - f'tequoncy of Uglrtdng - -_ ? rlreournev ]I L Oassa?il j1 Conlrac6oo J?Urrimunu __ _ 7 OCM_ LezS than I Oash nunu(c lrcqurnt 71 l1tQ ,IAlanu11106oashes per non use. Gnnnuous ]? CONS e `- N 10/10/2000 -? avng,lhul innwsing. Min D mo nAIM05PI w Stwd or mcleasp Ihcn dccrwsm dUrws[-r - s-_-c_-? _--e--r_- --- May 2000 UNITED STATES DEPARTh1ENT Or COb1MERCE National Oceanic and Atmospheric Administration National Climatic Data Center NOAAIPA 96052 This document is provided to help users decode airport observations archived at the National Climatic Data Center. Any updates or amendments to the METAR reporting practices can be viewed at the National Weather Service 9 Ece oC Svstcros Operations. hirp:/lwww.ncdc. noaa.gov/ollclintatelcortversion/swonietardecoder.ltnnl Last updated 25 A1ay 2000 by jve5ntaster0a ttcde-n as sni, Please see the NCDC Contact Page if you have questions or comments. - htlpa/t+ww.ncdr.noaa.rrty/ol/dil» ate/ccmversion/s?+uinetat'deccxieehtl»I 10110/2000 1 1 'Y a y' _. Q! i` Q Q (> e 1 E 11 1 1 1 1 1 1 2 2 2 2 2 2 z 1 TERENCE S. HEVNER and IN THE COURT OF COMMON PLEAS FAYE J. HEVNER, CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA Vs. NO. 98-6915 BLUE RIDGE HAVEN WEST,INC.,: WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., CIVIL ACTION - LAW BEVERLY ENTERPRISES,INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., JURY TRIAL DEMANDED Defendants. C '.N( i Depositions of: TERENCE S. HEVNER and FAYE J. HEVNER Taken by: Defendants S Before: Susan O'Hara, Notary Public Registered Professional Reporter Date: November 22, 1999, 10:10 a.m. Location: Law Office of Dale E. Anstine i Two West Market Street York, Pennsylvania APPEARANCES: 3 LAW O FFICE OF DALE E. ANSTINE BY: THOMAS P. LANG, ESQUIRE NICKLAS KAUFFMAN, ESQUIRE I FOR - PLAINTIFFS 2 DUANE, MORRIS & HECKSCHER BY: ARTHUR K. HOFFMAN, ESQUIRE 3 FOR - DEFENDANTS A ALSO PRESENT: 5 FAYE J. HEVNER Central Pennsylvania Court Reporting Services 717-258-3657 or 000-1363-3657 or fastfngers0ao1.co)v 2 INDEX TO TESTIMONY DEPONENT EXAMINATION Terence S. Hevner By Mr. Hoffman Faye J. Hevner By Mr. Hoffman INDEX TO EXHIBITS NO. DESCRUTION (None. I PAGE 3 111 PAGE Ci-,nrr;31 Pennsylvania Court. Reporting Services 71'7 :,6-96,7 or P00-V(0-3657 or fvstfng?.?rs(?aol.cgm n n .b 1 2 3 4 5 6 7 8 1 1 1 1 1 1 1 1 1 1 2 2 2 2 25 is that okay? 3 STIPULATION It is hereby stipulated by and between counsel that reading, signing and filing are waived; and that all objections, except as to the form of the question, are reserved until the time of trial. TERENCE S. HEVNER and FAYE J. HEVNER, called as witnesses, having been duly sworn, testified as follows: 9 0 BY MR. HOFFMAN: 1 Q. Mr. Hevner, my name is Art Hoffman. I 2 represent the defendant in this case, West Shore Health 3 and Rehab, used to be known as Blue Ridge Haven West. And 4 I'm going to ask you some questions today. I just want to 5 go over some ground rules at the beginning of the 6 deposition, so we can be clear on how we're answering. 7 If you have any trouble hearing me or 8 understanding my question, would you tell. me that so I 9 have a chance to restate the question or rephrase it? 0 A. Okay. 1 ??. The second instruction is to please give a 2 verbal response to any of my questions rather than a nod 3 or a shakes of the hoad. That way the court reporter won't 4 have trouble interpreting what you mean by your answer. ? C'vIt tal !'.=111 ):13,1Vvtia Court Report 11)a orvict=a 771 ._.. 3(-!17 ou d00-8G3--3657 In fast.t»r;,?t.^l+a??l.cot? „s n n n 0 0 by Gi 1 2 3 4 5 6 7 8 9 10 11 12 1? 14 lE li 1E I< 2.( 2: 2: 2 2_ 2 4 A. That's okay. Q. Have you ever given a deposition before? A. No, I don't think so. Q. All right. Have you taken any medications today of any kind? A. My heart medication. Q. Okay. What is that? A. I take Verapamil, which is for arrhythmi:as. I take Rythmol, which is also for arrhythmias. And Demadex, which is a diuretic. I didn't take that because I didn't want to -- I didn't take that this morning. Q. You wanted to be able to sit here for a while to answer questions. A. That's right. I didn't want to be jumping up every couple minutes'. I took my Glucophage, that's for diabetes, and my Ecotrin which is just an aspirin. Q. Havc all those been prescribed by a single physician, or do you get those medications from different doctors? A. No, my family physician. Q. Who is that? A. Dr. Hugh Palmer. I Q. Any other medications that you took in, say, i the last 24 hours, other than the ones you have already central Pennsylvania Court. Reporting Services 717-'St7-3ti57 or 800-863-36b7 or fastingorstaanl. cnm n n r^r r) j L'; U Q G 1 2 3 4 5 6 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 A 25 told me about? A. No. Q. Do any of those medications have side effects which would make it difficult for you to sit here and recall events from 1996 and answer my questions? A. No. Q. Is there any other reason aside from medications which would make it difficult for you to sit here and answer my questions and recall the events from the last several years? A. No, just my memory itself:. Q. Well, aside from the usual memory problems we all have every now and then, are there any specific problems or conditions which have impaired your memory, ability to recall or stage what you remember? A. No, no. Q. Okay. Let me just ay also that if you want to take a break at any point, you mentioned earlier a diuretic, even without a diuretic, if you want to take a break, feel free to do so. If you want to consult with your attorney who is seated to your left, Mr.. Lang, feel free to do that as well? A. "Phank you. Q. l just: want to get some background. Your date of birth, Mr. hovner? (10110 Pennsylvania Q?urtRrporfing Services 71"0584657 ^r 80080 X57 or f,:;ifna<'t vC^.anl.cnm r` n r"'r f C 1C 1] 1.2 13 19 15 1,+ 1 G 17 18 19 20 21 40 22 23 24 25 i G A. 10/16/98. Q. And your social security number? A. 208-38-3212. Q. Where do you currently live? A. 1797 St. Gabriel Drive, York, Pennsylvania. Q. How long have you lived at that address? A. 22 years. Q. Does anybody live there with you currently? A. My daughter and my grandson and -- well, actually, I should say two daughters and my grandson. Q. Anybody else? A. On and off, my son. He's at college in Utah. Q. The person sitting to your left.? A. My wife. Yeah, I forgot about her. Q. For the sake of completeness. We don't- want to start any arguments before this deposition was over. MRS. HEVNER: I thought that was understood. MR. HOFFMAN: I assumed that but S wanted to make sure. BY N,R. HOFFMAN: Q: Tell me about your children. Give me their names and ayes. A. My daughter. Tracy is 26 years old. My daughter Tanury is 29 years old. And my son in 22 years old, Todd. ..,„ ,,."nn:pv van Ia court Roportinq S?°rt•i i•.?:? 11 /-Vbti-.,+LS? of ,(1 i7-fi li 3-3oS7 „i' la,atlu??,?1 :; la.vol.Cnnl f pi R I 0 1 m 2 3 4 6 7 8 9 10 ® 11 12 13 14 15 16 17 18 A 19 20 21 ® 22 23 24 25 Q. And Tammy and Tracy, their last names are Hevner?- A. Yes. Q. And they are living with you at present? A. That's correct. Q. And the grandson who is living with you? A. Magnus Jeremiah. Q. Jeremiah is his last name? A. Middle name. Q. His last name? A. Hevner. Q. And how old is he'? A. He's 22 months. Just about 22 months. Q. Were your daughters and son living with you back in 1996 and '97? A. Yes, on and off. I mean, they're both in college. MR. LANG: Mrs. Hevner, one thing you're . going to do is just allow your husband to answer right now. MRS. HEVNER: I'm sorry, because I know he wouldn't rem ember that. MR. LANG: He's going to take your deposition too. MR. HOFFMAN; I think just for sake of rase central PennsYlvania Court Reporting .^,arvia-s 777 :?5&-7657 or 800-863-36_'x7 or I.ietI119ol &,3ol.cam R I ®?C 3 A ® G O U O 1 1 O 1 1. 1. O I 1 ] 4° U s for the court reporter. Now, if there is something you don't remember and you want to turn to her, we do it one. by one though. It's important, for only one of us and I really didn't mention this in the beginning and I should have. It-'s important for one of us to speak at a time or we'll really make her mad. So, if you remember, again, I'm not asking you to guess. But if you can recall.. Were your daughters and son living with you at least part of the time back in '96 and '97? 11 L THE DEPONENT: Yes. BY MR. HOFFMAN: 3 Q. Since December of 96, has there been anybody 4 else living in your household other than the people that 5 you have already mentioned? 6 A. No. 7 Q. For any period of time? 8 A. No. 9 ?. Mr. Hevner, have you ever been convicted of :0 any criminal. charges, other than a parking ticket or ?I driving violation? 22 A. No, node. ?3 Q. All right. Have you ever brought any other ?.4 lawsuits other than this one? ?5 A. No. l3 Coot r al P?'AI75 )r Iva n l a ,'Our c, n.-/?w ?. .y ..... .. em) St,"1-.3657 (n I i: -;f111U+'r .1; Pa o1.¢nm O 1 rs 2 M n ?t 9 And you earlier said that you never testified at a deposition before. Have you ever testified in court Uefore for any reason or have you been put under oath for any reason in any kind of proceeding? A. Can I go back to this lawsuit thing? Q. Sure. A. I did at one time file one, but then we i dropped it. Would that be the same -- would that be included? This was for damage that was done to me during a surgical procedure. L Q. Can you tell me briefly about that? Who did 2 you bring the lawsuit against? 3 A. It was against the physician who performed 9 the procedure, the heart catheretization. 5 Q. What: was the name of the doctor? 6 A. Dr. Grac.i. 7 (?. Do you remember his first name? 8 A. No. 19 q. He performed the heart catheretization? >p A That's right. 21 Q. And there was some damage or,injury? 22 A. Yes, he tore the artery in my arm. 23 Q. That was your right: arm? 24 A. That's correct.. 25 Q. Who was the attorney who brought the lawsuit? t r 1 1 1 1 l 7 C,'11t Ia 1 Pollmsyl VdlNA (-0112 i. r,c}au ,. juy .. v.. •-., 717-058 3057 of fi[T863-3057 .or last. in,)e,rs@aU3_Com 10 1 9+ 2 3 F W f 1 s? 1 it 1 1 w, Do you remember? A. Attorney Pell? I think .it's Pell.. Q. When was the lawsuit brought? A. Probably back in early '90s. A'date I can't remember.. Q, You said it was dropped. Do you know why? A. They wanted-- couldn't afford to go on with it. it was as simple as that. I just couldn't afford to go on with it. 4. Had you given a deposition yet in that case? L A. No. Q. Do you have any current problems from the 3 injury to your artery from that cathereti.zation? 4 A. No, no, just that I have to be careful with 5 that, anybody doing any kind of blood work on this area, 6 you know, on my arm. 7 0. On your right arm? 8 A. Right_ A ?. Was there any consequences from the problem 20 with the heart cathereti.zation that affected your right 21 leg, your right knee or your right ankle in any way? 22 A. Not problems. They had to take out a vein to 23 replace the artery in my arm out,of my right leg. 24 ?. Where in your right lea did that vein come 25 from'' 777.ssu. 657 n1 800-863 -3657 or last1nq:rr sPaal.com ,Z b„ 11 CC l a. l ]' don't know how to -- I can show you but I A { 1 , 2 don't know how to describe it. It's sort of down in the • 3 lower leg. If you could show it to me. At least point Q . }+, • 5 it out. You don't have to show me the exact spot, just ; 6 the area. j . This area right in here (indicating). A 7 . Q It looks like you're indicating an area on Q 8 . 9 the inside of your riai:` lower leg just above your ankle 10 bone? a couple inches above. But I don't know Yes A 11 , . 12 how -- that's about the best I can give it to you, as far 13 as the area. Okay. And do you remember what year it was Q lA . 15 that the vein was taken out of the lower leg'? 16 A. 191. 190, okay. Who performed the surgery to take the vein . 18 out of your lower right leg and insert it into your right 38 army 20 A. Albert. 21 4. Where is lie located? 22 MRS. HEVNER: Here in York. 3 BY MR. HOFFMAN- Q 1 don't need an exact address. Do you know 25 his first name? Contra] 1V,,1rry1va7ia Court. Report:i:Ig Services - i17..?SR-3t,'C o: 1300-8t,3-3617 or list -fngers(3aol.con? 1 2 3 4 1 1 1 1 li 12 A. No, sorry, I don't. Q. Other than the taking of the vein from your lower right leg to use as a graft in your right a nn in the early 1990s, was there any other impact, the heart catheretization complication had on -- that would affect 5 your lower right leg? 6 7 A. No. 8 Q. Any other lawsuits other than the one you 3 just told me about and the present one? 0 A. No. 1 Q. Then I would go back to my question, which I. 2 don't believe you answered, about testifying in any kind 3 of proceeding. Had you ever testified in any type of q proceeding other than -- not even a deposition? 15 A. No, just like drivers you know, a ticket. 16 Q. No, I mean testify orally,.where someone 17 questions you either in court or a hearing? 18 A. Oh, no, no. 19 Q. Nothing like that? 20 A. No. 21 Q. nave you ever applied for social security 22 disability benefits? 23 A. No. 24 MR. LANG: Can we go off the record for one 25 second? towfi,l 1,:.nnSYlv,vua lU.,, ,.,-t,,.,.,...,.. 717- ,R.3vG7 os NOO N6?-9M or laStltl<,.'IrO,wl.inlrl J • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is • 16 17 18 • • 19 20 21 22 23 29 25 13 (Discussion off the record.) BY MR. HOFFMAN: Q. Let me reiterate my question. I was asking you about' testifying in any kind of proceeding, whether it was a court proceeding or an administrative proceeding, a workers' comp proceeding. A. Yes. Q. Can you tell me how many times you have testified in a workers' comp proceeding or some other type of proceeding? A. I honestly don't know. I can't give an exact answer. Three, maybe, two. Q. Okay. Were the times you testified in a workers' comp proceeding, were they related to the injuries you suffered in the fall in 1996 at Blue Ridge Haven? A. Yes. Q. Now, let me go back to my -- I think you answered the question, no, when I asked you about social security disability claims. Ilave you ever filed for disability benefits under social security? A.. I don't think so. Q. Have you ever filed for any other kind of disability benefits, private insurance benefits or -- A. No. C??ni:ra7 Pennsylvania Court Roporting Service>s 717-258-36.'.17 or 800-863-3657 or 1as[1??Uern@aol. com it t i i I ® 2 3 A ® 5 s f It a 1( 4a 1. 1 . 1 ( , . 1 I C 7 1 7 V.: 14 Okay. Now, let me ask you about the workers' compensation claims. I understand you failed claims for workers' compensation before. Can you tell me, starting with the first one, how many times you filed a claim for workers' compensation? A. I guess it's just that-- I'm trying to think. I think it's just- that one time that was -- that was for this. Is that what you're referring to? Q. Well, have you only filed for workers' i compensation on a single occasion? A. I think so. My back, do you mean -- maybe, there may have been -- I don't think I filed for it. It's 3 so long ago. If you don't recall, that's fine, you can 5 tell me you don't recall. (i A. Oh, okay, my back. I was off probably -- and 7 that would have probably been workmen's comp too. g When would this back situation have occurred? 9 A. Probably '80, now wait, 97 or 198. 197. 10 (a. '9'1 or 198? 'I A. '97, 1 think. ?2 Q. Were you off of work for any period of time ?3 for t. Y1. back injury in 1997 or 198? Let me caution you 24 again. Preis(? wait until .,I finish my question so she can 25 yet it. down. It's hard for her to take down 'both people J nt Yail P, nnSI,J V,enra t.mutt. nrpu,,.... .. .. ,.r.?. ,. .. I ; :. ,, .+151 of ?:Oo-863-3657 of lartingersp,rol.com t 1 n 2 3 to t", I t.i C G U G A 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 15 talking at the same time. A. Okay. Q. Were you off work for any period of time because of the back injury in 197 or 198? A. Yes. - Q. For how long a period of time? A. I honestly am not sure. Maybe two weeks or a week. A we ek to two weeks. Q. Were you hospitalized at that time? A. No. Q. Were you treated by a physician? A. Yes. Q. Who was the physician who treated you? A. Dr. Battin. Q. Dr. Batti.n is with Holy Spirit Hospital? .A. He's with Work Net which is affiliated with Holy Spirit Hospital. Q. When you injured your back in 197 or 198 - and I: take it you're not sure exactly when this happened. A. I think it was 197. Q. What treatment: did Dr. Batt:in prescribe for you? A. :Just some physical therapy, primarily. Just p?nome exerci ses. Q. Did you recover fully from the back injury at. Central lonnsylvania Court poportinq 71 7058 3657 or VOM86v', -3651 or I f i n ±nq<•r: o:a oJ. ccan i i ?n 1 . kl - f 1C 11 l? 13 14 15 16 17 ].8 19 20 21 22 23 24 25 U` f" s, L that time? ' A. I would not say I recovered fully. I 3 probably recovered enough that I could work. Q. When you say you didn't recover fully, what symptoms do you still have that you attribute to the back injury you suffered in 197 or 198? A. I'm not able to lift heavy. I have restrictions on my lifting. I get back pain if I would lift too much. That's pretty much it. I just have to be careful with my back. Q. Who imposed those restrictions on you? A. My doctor. Q. Dr. Battin? A. Yeah. Q. And did he give you a specific weight restriction that you should not lift over a certain amount? A. I don't recall. They sort of went into teaching me how to lift and stuff to lift correctly with the. physical therapy. But I don't think there was a specific weight requirement that was mentioned. I can't i i remember. Somehow I think of 20 pounds, but that might have been just at the time of the incident. Q- Did you receive compensation for the two weeks you were unable to work because of the back injury „u:eyr v?n?.i Cou71 h,>p02.tin(7 S':rrvirer 717-358-3657 or 800-863-3657 or f.?stingcrsP3ol.com 0 r 41 4' q, C, to a. a, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2:3 24 2 17 and for the medical expenses that resulted from that? A. I would say I probably did. I didn't pay for any doctor bills from it, yes. Q. Do you recall if you got work loss benefits also for that time period that you were off? A. I would think I probably did until -- I can't recall. I know they paid for the doctor bills. I was on light duty. I can't remember how soon I was on light duty. Honestly, I can't remember. Q. Mr. Hevner, other than the back injury in 197 or 198 that you just told me about and the workers' I compensation benefits for the December 1996 fall at Blue Ridge, have there been any other workers' compensation claims you have brought., say, in the last ten years? A. No, not that I can recall in the last ten years, no. Q. The company involved in.paying for the workers' co mpensa tion be nefits in 197 for the knack injury, was that PM A? A. Yes. Q. And that is the same as fob- the injury in December of '96? A. That is cor rect . Q. Mr. Hevner, have you kept. any notes or journal or log or diary that would describe what happened AM 1,11 1111n e. yiv.n!a Court P,°1>ort.ing So: Woos 717 !IS .465.' or SOU-.g1,A 3657 or ta:"t 1r q..'a ;faa n3.<^nlu 0 1;^ 0 e> 18 1 L 4 E E 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21. 22 23 24 25 when you fell in December '96, or the injuries you suffered afterwards as a result of that fall? A. No. Q. I want to ask you about your employment. Where are you currently employed? A. Hanover. Hospital. Q. And what do you do for Hanover Hospital? A. Respiratory therapy. Q. How long have you worked for Hanover Hospital? A. A year and -- I'd say about a year and nine month:. Q. So, if we translate that back, would that mean you started in, say, February of 1998? A. February 9th of 1998. 0. And is that a full-time job? A. Yes, it is. Q. By full-time, what does that mean? A. 90 hours per week. i Q. Do you work day shift? A. Night Shift. Q. What hours generally? A. 7 wort: either a 12-hour ;:hilt which is 7 1) tc 7 A, or an t>iq ht-hour .shift which is 11 P to 7 A. 0. Afld does it alternate by weeks that way or „•nri r7yl vBA]A UOUIt Rrg?ort.inq of Fl1Q-f?L.3 -.ihS) nt 135t til ?. ?`Y S(a.3U).ifg71 0 0 1 2 3 4 5 E i if 1. 1 q:- 1 1 1 1 15 how do you shift back? A. It's both shifts during a week. I have two 12s and two 8s. Q. Is there a title to your position? A. Staff therapist. Q. Is your employer Hanover Hospital or some other subsidiary? A. It's Hanover Hospital. Q.. Let me go back a little bit here and find out i about the respiratory therapy. First, tell me about your educational background. A. I graduated high school. And I did attend 3 some college after high school, but I dropped out of that 9 and eventually went into the School of Respiratory Therapy 5 at York Hospital, which allowed me to become a 6 certified - test for the certification for respiratory 7 therapy and I completed that. 8 1 then worked in the field for a number of 9 Years, quite a number of years, until I went back to A school at HACC for -- to get my.registry, become registry !1 eligible for respiratory therapy. And I got my .2 certificate from them and then tested for the national 23 registry and passed that. >q Q. Lot me take you back. Where did you graduate 25 high school.? G177t 7'd1 Pell Ms y1Ya nid i-VUI I. nryw c"'V ., 777-:.'18-3657 01 800-863--3657 or fastfnpcXS@aol.com n ?r Cro 1+ 41 • • O • 1 1 1 1 1 1' 1 1, 1 1 20 21 22 23 24 25 20 I A. York Central. 2 Q. In what year? 3 A. 1566. 4 Q. flow much college did you attend, semesters or 5 years? 6 A. After that? 7 Q. After high school. 8 A. Do you mean altogether or just -- 9 Q. Well, why don't we start first at the 0 beginning. 1 A. Probably about a year. 2 Q. What college was that? 3 A. York College. Q. Did you take any particular area of study at i York College? A. Just general. I didn't pick any certain area, just wh atever was required at the time. Q. When you went back afterwards, was that for your respirat ory therapy training? A. Yes. Q. And that was, I believe you said, York Hospital Resp iratory Therapy School? A. That's correct. Q. flow lonq a course of study is that to become a tceopiratory therapist? 4 6 $ S 111 COS l1. - .7 ,;oli7 ar d00 5l;3-:;! i7 or 1 i^ttnyri ;(?,3ol.cc,in a, P fl , 1 7_ 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 1.7 18 15 2C -21 2 2_ 2.! 2`. 21 A. I think that was 15 months. Q. Can you tell me when you graduated with the respiratory.therapy training? A. 1972. Q. And you mentioned being certified and then being registered. Can you explain to me, because I'm not familiar with the field of respiratory therapy, what that means? A. It's the amount of education you have. It qualifies you for one versus the next. Certified is the lower level of respiratory therapy. Registry is -- basically it's like two years of education. Two or more, I should say, because now it's up to almost font years. Q. Two or more years of post high school education for certification? A. That's correct. Q. Or for registry? A. Certification is usually around two years now and registry is anywhere from two to four years. Q. Do you know who does the certifying and the registering, what bodies or organi-Zat:ions? A. National Board for Respiratory Therapy. Q. Do you have a lice11:3e from the state? A. Yes, 1 (3o. Q. Who iSSUes that, what board OF -- Cenir.91 1'oamsyjVan! a Court Fej")ri.lnv el?wvicec 117..,58-3t,5'7 of t)00-F+(i 3-:9L';7 4,1 f a:;l 11 q,l l r 0 jo l."'T; M vh rv r)s >y 0 4.? U 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 1.9 20 21 22 23 24 25 22 A. I'm not sure. I'd have to look at my card. I'm not sure if I have it with me. It's through the State Department, but I'm not sure what the board's actual title is. Q. Since you graduated from the York Hospital respiratory therapy program in 1972, have you worked more or less continuously as a respiratory therapist? A. Yes. Q. You have not held any other occupations during that time period, in other words? A. I don't think so. Q. I take it now you are a registered A. I am a registered respiratory Q. What would that mean if you're registered? How do you describe it? What is the title, RRT? A. RRT. Q. And that stands for 'registered respiratory therapist? A. That's correct. Q. And when dial you first become registered, what date or what year? t`obody said these would be easy. If you remember. A. I can't remember. I'm sorry. I'm not sure right offhand. It was in the '90S, mid '9013. Q. So, just so I have an idea, you became c.vrt 1-.31 Aninsylvalli:a Cou1T Hehoft:inq Services 117-X56-3657 or, 600-063-3(67 or. I',a::tiitq,trc@9ol.cotn h n f9 0 23 certified back in the early 1970s or. A. Correct. Q. And then registered in the mid 1990s? A. Correct. Q. In terms of what you're permitted to do as a respiratory therapist-, does it matter if you're registered or certified? Do you understand my question? A. I understand your question. And it depends on the hospital you're working at, whether there are limitations. Q. And at the hospitals you worked at when you were certified but not registered, were there duties you were unable to perform because you were not yet registered? A. No. Q. Does registration make a difference in terms of pay one receives as a respiratory therapist? A. Yes. 0. What difference has that meant for you when you became registered in terms of your salary, your pay? A. It varies. Do you mean as far as -- it's an, increase in salary, but it varies depending on where you're at. Q. Can you give me a ballpark figure as to how much more one can make as a registered respiratory 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2.2_ 23 24 25 Camral Yennsy]vania Court. 1Roportiny 6" rvirc:; 72 '50-- 7 or 800 -V63-3657 or f as tfngorsaao7. con, 1 2 3 9 5 6 7 c'7 8 9 10 11 12 13 14 1( l? 2( 2: 2. 2: 2 2 24 therapist as opposed to certified? A. That's difficult, maybe a few dollars an hour, at the max. You might start out at 50 cents more an hour. And then as you go through, it may increase with your raises. But, again, it depends on where you're working. Q. Your past almost two years now at Hanover Hospital, when you're-working as a respiratory therapist, just very briefly, describe for me what it is you do, what is a typical set of duties you, do as a registered respiratory therapist? A. We do routine respiratory therapies on the floor. This would involve breathing treatments, education of patients pertaining to their breathing disorder. In the critical care area, we do the -- we take care of the ventilators that breathe for the patients. We are involved in drawing arterial blood gases and running those arterial blood gases as far as on the machines as far as getting the values. We also may be involved in the pulmonary function area, assisting in bronchoscopies, intubations, that's putting a tube down into the lungs. We're also involved in cardio resuscitation on the patients that would require that. I think that )pretty much gives you a round-about. Mntra] IQnnsyIvania Court: Foporting S<?rvloor, 727-P58-3657 or SOO-8t+ 057 or last Inq.?r:: i?aol. com f` 0 ?w ,. 1 2 3 9 5 6 7 8 S 1C 1] 11. 1 1 2 2 2 2 r 25 Q. During the time you have worked at Hanover Hospital, are there any of the typical duties of a respiratory therapist- that you have been unable to perfor because of some physical limitation or problem? A. For the most part, no. I would say I do the respiratory therapy. I'm able to do what I'm required to do at the hospital. Q. Can you tell me what percentage of the time when you're on the job at Hanover Hospital you're on your feet? And by that I mean either standing or walking as opposed to sitting down. And. I'm unfamiliar with the job of respiratory therapy, so that's why I'm trying to get some understanding of what is involved in it. A. It's difficult to give you a percentage of time because that's a variable depending on your caseload. i But most of what we do as a respiratory therapist is done while you're on your feet and not sitting. 3 Q. Prior to working at Hanover Hospital and i be.gi.nningthere in 1 think you said February, 9th, 1998, ] where did you work? I A. How far back, just from the time I left Holy 2 Spirit? 3 Q. t1eli, ].et-'s just go back in time. You A started in Hanover on February 9th, 1998. Prior to that, 5 what was your next most recent job? Cenral 1'e111isy.lvania Court Reporting Servlaes 717-: 56-3657 or 800-863-3657 or fastfngers(daol-ccm 1 ?r 2 3 1 4 0, C 91 1 ?Y 1 1 7 26 A. I worked agency therapy for Health Services,, Incorporated. Q. Where are they located? A. New Jersey. I forget the name of the town or whatever, but it's -- I should remember this one. I can't remember exactly. Q. Did you yourself work in New Jersey? A. No. j Q. Where did you personally work? l A. I worked mostly in Philadelphia. I Q. Can you tell me what period of time you 2 performed your work for. Health Services, Inc., of New 3 Jersey? 4 A. From December of -- well., it was actually the 5 Last: week of December, December of 90 -- was that 7? G Dcccrlber of 19,1 until now. 7 Q. To the present time? lg A. Yeah, I still work, occasionally. Iii Q. Okay. When you say it was agency therapy, 20 can you explain how that is different from working 21 specifically for a hospital? 22 A. As in agency therapist, you qo to hospitals t:hera!?ist because they're who may ncr d respiratory 23 24 shortharnded. ,o you're doing respiratory care in whatever 2b hospitr,l you're taking an assignment in. C.'DI 1111 1 YlAfl i:yt vd ll I. ?.I-. •.•.?... .._.. .77 -3GS'7 or P03-315'7 o 1.lstIll 4I']r(d.aol.enm 3,J':'•I r. O 1>> t^ tl l,> It t.i 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 27 Q. So, from December of '97 to February 9th, 198, dial you work exclusively as an agency therapist A. That's correct. Q. for Health Services? A. That's correct. Q. And was that full-time work during that period of time? A. It varied, but I would say I was getting probably close to full-time hours. Q. And then once you began full-time work at Hanover Hospital in February of '98, you continued to work occasionally as an agency therapist for. Health Services, Incorporated? A. That's correct. Q. Can you give me some average amount of time monthly in terms of hours you would devote to the agency therapy since you began at Hanover? A. Oh, I don't really have an average. It would be hard to answer that because it varies. There is sometimes I would go a couple months without having any hours, and then they may need me, you :now, call to ask if I: would work. So it's hard to really give you an average. I don't know. That would be difficult. 0. When you are asked by the agency to do some i therapy, how do you fit it in with your iull-time work.? Cent: al Pennsylvania Court. Report, inu Awvici•s 7,7 ?SN- 3607 or 800-803-3657 or list fn4olsoaol.rom f? 7 7 i 28 Is it weekends? A. A day off or a weekend off. Q. Do you keep any records of the time periods 1 you have worked for the agency in New Jersey? i A. Yes. 5 Q. And would you be able to find those and give 7 them to your lawyer so they could be copied and provided B to us if we need them? 9 A. I would think I could probably do that. p Q. Now, going back, again, prior to December of 1 '97 when you're beginning work as an agency therapist, 2 what was your most recent job before that time? 3 A. Not Hanover Hospital. Holy Spirit Hospital. 4 Q. During what period of time did you work at 5 Holy Spirit Hospital, what dates? 6 A. April of 1983 through September of 1997. 7 Q. And from 1983 to September of 1997, was that A full-time work? L9 A. Yes. zo Q. Were there any periods of time more than for, 21 say, a day or two because of illness, that you were not 22 working for Holy Spirit during the period '83 to 197? 23 A. No, just through normal, you know, sick time. 24 Q. Who was your actual employer? Was it Holy 25 Spirit Hospital during that period? Con tIa1 1'cnn::yjVan:a Collrt !vu'poIt:1129 t;"IVI0's 717-250307 OI'. $00`863`3657 or td:; 1.1 AgPt"S (d:3 U&,COfil Now" 10 , we C, 1 2 3 A C E F 11 1 1 1 7 29 A. yes, it was. Q. And did you have a job title in that time? A. Several. Q. can you just give me the progression? A.' I started out as assistant director of respiratory therapy. Q. Okay. A. Then I was the acting director of respirator i therapy, man ager of respiratory therapy, supervisor of respiratory therapy, staff therapist. L Q. Now, at the time you had the fall at Blue > Ridge in December of 1996, what was your position at Holy 3 Spirit? 9 A. Staff therapist. 5 Q. Can you tell me when you shifted from 6 supervisor of respiratory therapy to staff therapist? 7 A. Do you mean like a date? I can't -- it may 8 be difficul t.' y Q. A date or a year., whatever you remember. Or >.0 can you tell me how long before the fall? 21 A. It was probably, it might have been -- this 22 is difficu lt. I'm not sure of this, but I would say. maybe 23 January of 1996. 29 Q. What was your reason for changing from being 25 supervisor of physical therapy to being a staff therapist,? COMIJil 1'NDA:y"dl J. ._"u,, -I ------ -._-.---.._ • '1 ct (?JO). COttl ? r. ?•,;:,}.,y 7.or '.UO-bo.J-.a L.i7 or der, stfn7 _.11 • i 0 0. as E? t:. v 1 2 3 4 5 E 7 E c 1( 1 1 1 1 1 1 l 30 A. It was respiratory therapist. You said physical therapy. Q. Not enough coffee this morning. From respiratory therapy, changing from manager and then supervisor over to staff therapist? A. A change in management over the respiratory therapy and physical therapy department. They hired what they called a director for those areas, and we did not ge along. Q. Was that a decision you opted to yourself? A. No. p. or was that a decision made for you by the 3 management? I A. I would say it was made for me by the 5 management. 6 Q. Did that change from being supervisor to 7 staff therap ist entail a decrease in pay? g A. Yes. 9 Q. Do you recall from what amount to what 0 amount'? 1. A. No, I don't recall. I just know it was a 2 decrease. 13 Q. In your answers to interrogatories, ?4 interrogatory number two asked you about your employment ?5 and ratio of pay. I'm not sure 1 understand exactly what Contral. P(.nnsyl Vail la c'ow'l 1:i-porc ally ,I Jvj,,-?, 717-;'r58-3.057 or fiD0-E?i;,?-3657 or fa:;t:ny.?rs(aaol.??nm 1! a . Qa C a, C l.. c..:r i c_. 31 you put: down here, if the dates correlate, so I want to make sure I understand. I can show you this version here and maybe I'll come around. It will be easier., These were written questions that were given to you. My question is you have a number -- under interrogatory number 2D, you list a number of different amounts per hour that you were receiving and my question is: Is the $18 per hour, was that the amount you were receiving when you were a staff therapist at Holy Spirit? A. I believe that is correct. Q. Prior to that, when you were the manager and then the supervisor of respiratory therapy, what were you earning? A. These are the -- these are pretty much basically what I was earning as the assistant director, into the acting director, manager, then back to supervisor, and I guess this -- this could possibly be 3 this, I don't know. If it was multiplied times yearly hours. Q. So down there you have $40 an hour and then 1 $45 an hour and then $47 an hour, then $31 an hour and 2 then $35 an hour. Would those be the amounts you were 3 earning while you were in a management: position at Holy •1 Spirit. 5 MR. LANG: I don't think those are hourly 1 2 3 4 5 G 7 B 9 IC 11 12 1; 1i 1! 1 I 7_ 2 2 2 2 4 Centr:3l 11ennsylv;ania Court Report:iny Services 717-11!)8-_3657 car 800-863-3657 or i'a st fn qe rs (?,?ol.corn ®, 0 1. 1 1 1 J rates. I think they are yearly, annual compensation amounts. THE DEPONENT: That's what thhese are. MR. HOFFMAN: That's what I wasn't sure of. BY MR. HOFFM AN: Q. Okay. That is not A. These are thousands of dollars. 3 Q. I see that, okay. I see what you're saying. 9 A. These are the yearly amounts. 0 Q. So that is the annual, amount you were making. 1 Do you know which years those correspond to? 2 A. Not exactly.' 3 Q. When you were acting as a manager or a 9 supervisor, were you paid on an annual salary basis as 5 opposed to an hourly basis? A. Y'.s. L7 Q, And does it refresh your recollection, seeing 18 those numbers, as to what you were paid as an annual 19 salary whil e you were manager of respiratory therapy or 20 supervisor of respiratory therapy? 21 A YeS, I would say that's close. . 22 C>• When you say that's close, which one of 2.3 these? ,[ A. This would have been the manager. 25, Ll. a) thGU 5a17d a year? Cr111.!":l) j4^11A `)?1 VJJ-'I9 l.uuf ?. Im-p", ..? ^?. ••? 77 -365'1 w t?p0-fib?-31;57 nt .ta::Y:r9q.'r:T@?3v1..^om 1 ?. i S 1 n 2 3 4 5 6 7 8 c 1C 1] 1- 1 a: ?! 1 f' 1 1 2 1 A. Lm-hum. Q. And what would be supervisor of respiratory therapy? A. Probably the 37. Q. Thousand a year? A. Yeah. This looks sort of like the progression of the way we dropped. Q. And then when you became staff therapist, were you paid hourly at that point or was that A. I was paid hourly, and that is this right here. Q. The $1.8 per hour? A. rhat's correct. Q. Do you recall. when it was you shifted from i being manag er to supervisor of respiratory therapy, i roughly, wh at year.? 7 A. 1: honestly am not; :311re. 1 would probably 3 say -- 9 p. If you don't remember, that's fine to say. G A. I'm sorry, I just can't remember. 1 Q. Was that a voluntary dQci.sion on your part o was that lo ne made by management at the hospital? 3 A, That wa:: one made by management: at the 4 hospital. 5 Q. Can you tell me wh.jt: your reason for leaving Coll fra] ill ?n I) _.y 7 vania Court iwpalY M", tn't v1 OCr,, 717-'',8-3047 nr BOO t;( 3 36!,7 -,r f.artld„??^a I. 'OM G+ fY {-a 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 7.3 24 2?, 39 Holy Spirit Hospital was in September of '97? A. Yes, I can tell you. There is one other thing, you were pointing to things on there and I just wanted to verify something so that you don't miss.it. Q. Sure. A. This rate here is with the agency.. Q. The middle line there where it says $25 to $27 per hour less expenses, that is what you received when you were on the assignment with the agency in New Jersey? A. That's correct. I just wanted to make sure. I thought that might have been confusing you. Q. I appreciate that. That helps me understand that because I hadn't asked you about that. A. Now, what led up to my being dismissed was my leg injury. .I was being treated by Dr. Battin and he prescribed a medication called Darvocet for me to take when I had pain in my leg while I was working. He also specified to the hospital that I should sit down and prop my legs up when I had pain. One night I was working at the end of. September of 3997, and I had taken the Darvocet. And actually, this is one of the few first times I had taken the Da3:vocet on night shift. I had propped my legs up and T apparently had dozed off. And because of that; I was discharged for falling asleep on the job. 0011[ral Pennsylvania court b"=porting Services 717-?5C-3657 or 80D-863-3657 or fart1-ngerst^aol.Coln 4 n rS n f7l ti 1-11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 The medication in the Darvocet, a side effect is falling asleep, drowsiness, which I found out later. Q. Was that the first time you had taken the Darvocet- while working? A. No, I had taken it once before while working, but it was on a day shift and not a night shift. This was the first I had taken it on a night shift. Q. Did you apply for unemployment compensation benefits at that time? A. Yes. Q. Did Holy Spirit Hospital challenge that or did they agree to pay you? A. Yes, they did, and they didn't agree to pay it. Q. And what was the outcome of that eventually? Was there a hearing of some sort? A. Q. Did you have to testify at the hearing, do you remember? A. Yes. Q. Do you know if a transcript was created of the hearing? Did you ever see one? A. No, I never saw one, but I don't }avow if there was one created. she's trying to say I wasn't represented by Co.W ral f'.mn:,y l vania Court Ropurt Lua 6er v]cc•c; L' 717-.11)9-365" o.r 80i)-863-3W,7 br fastfngnrs(dac)].,.•om f'+ f"+ P1 n C;) C15 IMF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1° 20 21 2: 2` 21 2' 36 any attorney. Q. You were not? A. No, I couldn't afford it at the time because of not having any job. Q. Do you remember where you went for this hearing an this? Was it somewhere in Harrisburg? A. No, it's in York. MR. LANG: The unemployment compensation is. on Vogelsong Road. THE DEPONENT: Vogelsong Road. MR. LANG: It's an industrial park out off 30. BY MR. HOFFMAN: Q. That's where you went? A. Yes. Q. The up-shot of that was they gave you compensation? A. No. Q. They never did? A. No, they never did. Q. I assume you didn't appeal it any further., go to court or anything to try to get -- A. No, I couldn't afford that. Q. Were you unemployed then from September of '97 until you began the agency work in December of '97? J - d? L,n n. -y. 37 1 A. That is correct. 2 Q. Mr. Hevner, I want to ask you about any 3 medical conditions or problems that you have had in the 9 time period before the fall.in December of 196. Focus on 5 that time period for me. We can take it one.by one because 6 I want to ask you some questions about- each one. What_ I' 7 looking for is if you could tell me any serious illnesses 8 -- by that I mean anything other than cold or the flu, 9 something like that -- injuries or medical conditions that 10 you had at any point during your adult life prior to the 11 fall you had at Blue Ridge in 1996. If you could tell me 12 whatever you recall about those conditions. 13 A. Prior to -- 19 Q. Prior to the fall in 196. 15 A. How far back do You want to go? 16 Q. Just as an adult. 17 A. As an adult? 18 4• Right. 19 A. I'm not real good at remembering these 20 things. 21 Q. Do your best. I have some records here that 22 I have looked at which may help prompt this but I want to 23 see what you remember first. 29 A. I'll try to go back. You want me to go 25 progressively back from 196. Central Pennsylvania Court. Reporting services 717-258-3657 or 80n-863-3657 or fastingois@.jol.aom 0 n A t? d t 1 2 3 4 5 6 7 A 9 10 11 12 13 1.4 1( 1 A V 2( 2.: . Q. Whatever way is easiest for you. If you want to start- when you were younger and move forward or if you want to start in November of '96 and go back, that's fine. Either way. A. Gee, I think one -- I was hospitalized for cellulitis in my right leg. I can't give you a date. Q. That's fine. I'll get to these a little more specifically, the ones I want to ask you about, but if you can name each condition or illness or injury that you remember. A. I'm terrible at this. I guess my arm would be one. Q. The one you talked about earlier, where the artery was injured during the catheretization? A. Right, that is correct. You are referring to hospitalizations; am I correct? Q. Well, not necessarily. It may just be something you got treatment from a physician for. A. Well, I had that back injury in 197. Q. The one you had the workers' comp claim for in '97? A. Yes. Q. That's after the fall in '96. i A. That. would have been after. G mtnil llennsylvania Court Roporting Services 77 ;'-)'i9-:46!;7 or x00-H(3-307 or fast fngor Owl.com ri n n 1 2 3 4 5 E 7 E 1( l.i T1, 1 l 1 1 2 2 39 p. I want you to focus first on anything before that. A. All right. p. That was after. A. That's correct. I am terrible at this. I'm sorry.. I had a pilonidal cyst removed. Gosh, that would have probably been back in the 170s. Q. Perhaps we can do it this way, because I did get some of your medical records through the discovery process in the case. Let- me raise some things that I found and perhaps you can help me. A. That would probably be an easier way to do it. Q. In the records I looked at, there was a reference to a cardiac arrythmia back in 1982. Was that i when -- were you first diagnosed back with an arrhythmia . 1 that early, in the early '80s? 3 A. Yes. Q. And you mentioned e arlier that you are on 3 medications for the arrythmi.a. Have you been on those 1, medications for years and years"? 2 A. Yes. 3 Q. Okay. Have you eve r had a 171'ar"t attack? 4 A. 1 wouldn't say -- I would :;ay no. I've been 5 hospitalize d for heart problem:;, Put they never really C"!)I1.al V"Imf?)'Ivoni.a Cow, t Fr]I,)I t sno servJt•l ;'17-;'.'?h .. 'W,7 .)t h, 00 i49 W,7 ? t f.u :;i}ugrl:(a,iol. rcun 0 • • • • • • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 ,)0 21 22 23 24 25 40 said, hey,, you had a heart attack. Q. I have a reference in your medical records back in the early 1.980s to having an injury in your lower back while helping a patient, and you're complaining that your right leg was numb while standing. Do you remember. back in 1982 making a complaint like that? A. Yes. That would have been at Memorial Osteopathic, and I did injure my back there. I was treated by the hospital fdr that injury. Q. Your treatment was at Memorial Hospital? A. Yes. Q. And do you remember having a symptom of your right- leg being numb? A. Yes, I think it was my right leg. I'll take. Your word for it. I can't even remember. I think I had some numbness in the top part of my, right leg. n. Did you recover fully from that episode of a back problem in 1982? A. I would not say 1. recovered fully because I've always sort of taken care of my back since then. But I would riot say I recovered fully from it. I would go to a chiropractor periodically for adjustments and stuff. Q. Who is the chiropractor you went to? A. Dr. Kevin Jackson. Q. I would normally ask: for sequestration, but Central. Pennsylvania Court Reporting roi vices • 717- 5d-3657 or 800-803-3ES7 or fast!)ua?-rsta,a6l.coni 41 ra r+ f' l 0 , 1 2 3 4 5 6 7 8 9 10 11 1.2 1' 14 lE lE l' 21 2 2. I'm glad she's here. MR. LANG: We'd never get any information. THE DEPONENT: I'm terrible with names. BY MR. HOL'IMAN: Q. I appreciate your trying. Dr. Jackson, is he here in York? A. Yes. Q. And there is a reference in the records to a right knee surgery that you had years ago? A. Oh, my goodness. Q. Do you remember that? A. Yeah. That was 1970. Q. What was the problem with your knee then? A. I had some torn cartilage. Q. How dial that happen? A. I was playing football., and it was torn while playing football. 0. This was just a recreational game? A. No, no, when I was playing -- it wasn't. i recreational . We were fully batted and everything. 1 tore some ca rtilage in my right knee. I went a couple years l)efore I actually had it operated on. I finally i just couldn' t. - it caused me pain, :o 1. had to have it 1 opelit ed on. Q. Now, this wouldn't be high school in 1970?Coll f?aI eania Cowl F,vorthu; v! "0.,; 71 ?1'i-0"t7 of r+OU 8G?-:8o57 ,q 1ar t1m?._•rn krol.cola Aim 4) a> V U I 42 A. No, this was -- I guess you would call it sort of semi-pro. It was a local team., Q. How many years did you play for the local team? A. Just one. Q. Did you have any other injuries while playing football? A. No. Q. Who did the knee surgery? Do you remember who was the one who operates: on you? A. Dr. Kruper. Q. Here in York? 3 A. Yeah. 1 Q. Do you remember what the type of surgery was? Was there a name to it? Do you remember what they did in G the surgery? 7 A. Yes, they removed the torn cartilage. g Q. And were you laid up for a while after that 9 as far as w alking, do you remember.? e A. I would say I probably was until recovery. 1 Gosh, that' s so long ago. I: would say probably a short 2 time. !3 Q. How did the knee surgery go? What was the ?4 outcome.? Was it successful.? ?5 A. Successful. 1 2 3 4 c E a E e 1( V 1. 1 1. l 1 1 i Central Pennsylvania Covxt ,,^)NoJtanq 'nrva?i°s 72 7_2& i t&? of RM-1 , -X697 of !'&s[ ?A.7?t-S (?aPl. .. i^e7h1 43 r 0 t"'J c? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 if 1( li 1£ 1< 2( 2: 2: 2. 2 2' Q.. Did you recover one hundred percent function in that knee? A. Yes. Q. How about as far as any pain goes? Was there pain that continued at any time because of that A. No, it took the pain away. Q. So after the knee surgery and a period oi: recuperation, you would say that your knee i"e1L normal? A. Yes, I would. Q. There is a reference to a i:racturo of t.h(s cervical spine. I saw that somewhere in the toco1c:1.: Do you remember that? A. Yes, I was 12 years old. Q. Did you recover fully from i:hrrt'? A. Yes. Q. You haven't had any continuing uympt:oms a:-, '111 adult because of the fracture of your c(?rvicrll :11 in('i A. No. That was done during an oporation:ll procedure. Q. What kind of operation? A. Tonsils. p. They had trouble yankJny I.1wiu (iut A. I don't F:riow. I ju: t wok(' ut) with Broken neck. Q. Thero 1:? .l 1"?.'t x•14'11'''° 111 ? ?1F1 ? L(i il.,vi n(a yo111" Cent.z.11 Pomwylv,uli., ?T ur'7 1.? 1„?11. n.•1 ? rv1?... 713(S 7. , I I^ 2 3 q 5 6 7 Y[9 8 9 10 11 12 1.3 19 15 1.6 17 18 19 20 21 22 23 29 i.: 25 f 99 ankles checked and an ankle spur or a heel spur being detected. Do you remember anything like that in your right ankle? A. When was that? Q. Back in 1989. A. Oh, yeah, that would have been when I had what, they called an ankle spur. It's supposed to be some kind of a sharp -- I was having problems when I was working, walking, you know, you would get like a sharp pain in your heel which radiates up into your Achilles tendon. It was from -- I don't know what they say it's from. Actually, it went away on its own. But I wore -- I changed the type of shoe I was wearing at the time. Q• So you didn't have surgery for that? p. A. No. Q. And you say it went away after a while? A. Yeah. Q. This was in 1989 that I saw this in the records. How long did it take before -- as you say, it went away? A. I don't know exactly. I'm sorry, I can't answer that. Q. But at a certain point it no longer ;caused you any problems or pain? A. That's correct. y]vania Court. Reporting Services 717 S -3657 or, 900-863-3657 or t:9sitapcrs@:??I.com i. 'i 1 2 3 4 5 6 7 8 C 1C 1] 1, 1 1 1. 1 2 2 2 r 45 Q. I saw reference to an it](:(,' , Have YOU over been diagnos ed as having an ulcer? A. Yes, I was, a duodenal ulcer;. I can't even tell you a date on that. I think it was during the time 1 was at Hanover Hospital. 1 mean -- rn t Hanover. l mean Holy Spirit. Q. Did you get any treoLm"nt. 00 the ulcer? A. No. Do you mean lake nurgir•a17 Q. Any kind of surgical t.rentfwia, A. No, just medication. Q. Something like Taqamwl'. A. That's what: it was, l think. Q. Are you still on that mcdicltian? A. Oh, no, that.':.; -- 111,!1 ,v .•r thou prohlem was, i it cleared up. Q. And tho ulcl-i is not :,:rc?ci,lted in any way in r your mind w ith the fall in 1996:' 3 A. Oh lily goodll(. ass, r,u• Q. 1 have to illsk 1'.11.11. qut'atiou. Now, thl!l'(_ i is '3 :.?'f l•l 1'111^C 711 1990 to that I celluli.tls in your right: leq. You 11u-rationed. that. 2 A. Yeah, 1 just qM like- an il!I lammation of my 3 lower lee. Vaq couldn't -- IAP-y admill-d me to the 4 hospital t o treat it. 'Ih. V didn't nn "w unit caused 1" at 5 the t.imc. They wvi cn' l Sol". l'9?Lt,,j I,IMrV)V"hja `Wit F.p,t(= .-IVJMl' F& 41 4) (r 4 L 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 r7=, 4 6 Jy. Q. This was your right leg? A. This was my right leg. Q. When was this, 1990, according to the records? Does that sound about right? A. No. According to the records, 1990? No, this would have been closer to 195 or 196, something like that. Maybe even '97. I don't even know offhand. It wouldn't have been back in 190. Q. Did you have right leg cellulitis more than one time? A. Twice. Q. Is it possible the first one A. No. Q. -- was around 1990? A. No. Q. What year do you think it was, the first one? A. Probably '96, I guess, 195, 196. Q. It was before the fall? A. I think it was before the fall,- the first one was. And then it had a re -- it happened again probably after. Q. After the fall at Blue Ridge? A. Yeah. Q. Okay. What were the symptoms that you had with this celluliti.s? Central Pennsylvania Conrt Reporting Services 717--256-3657 or 600-663-3057 or i'asttngcrsPaol.com 1 ® 2 3 4 ® 5 6 7 8 9 10 11 12 ® 13 14 15 ® 16 17 18 19 20 21. 22 23 24 O 25 47 A. An inflammation of the tissue of the lower leg. Q. Was it painful? A. Yes. Q. You say no doctor has ever told you what the cause was? A. No. Q. How long did it take you to recover from that? A. About a week. Was it longer? MRS. HEVNER: You were off a long time. You were off two or three weeks with that. THE DEPONENT: Yeah, I was in the hospital for a week and then probably a week or two afterwards until I was actually up getting around. BY MR. HOFFMAN: 0• I'm talking about the first occasion that you had this prior to the fall at Blue Ridge.` A. Yes. Q. Was there any surgery performed on you for that? A. No. Q. Antibiotics, was that the remedy that was ts; ed'? C.-ntra! ponn:rylvauSa Court Repoatinq J77-?'SN--;?G17 of R00-8(,.Y-31,157 of t.1 a 1 1 nq,=x s1??3cI. COm I j' l r 1 f' 2 3 9 5 6 C7 8 9 10 17 11 12 13 14 1` tom. lE 1 1E G 1S ?_( 21 2; 2: 2 l 2 f- 98 A. I would imagine it probably was. Oh, well., wrapping and stuff. Yeah, they kept it wrapped and kept it -- I think they kept it cool, if I recall, had some kind of cooling. Q. Did you fully recover from the cellul.itis in your right leg the first time? A. Yes. Q. And all the symptoms went away at some point? A. Yes. Q. Did all those symptoms go away prior to your fall at Blue Ridge in December of 196? A. Yes, I would say. Q. I saw a reference in Dr. Palmer's records in 1991 to your having had low back pain for nine years, and that it was getting worse and that you had increased radiation of pain down your right leg? A. Yes. Q. Do you remember complaining of that in 1991? A. Yes, that would have been from that injury. I don't recall if I recall complaining about it, but I know I had some increased pain back in that time. Q. Do you remember. Dr. Palmer diagnosing you as having lumbar strain? A. No, 1 can't raven recall what he diagnosed it- >I as. ContIaI Ponnsyl vini.a Court 1",°poIIing ::"IVla"YS 717-d58-3657 or 800, HvW 3657 or fast inyw rOank coin 99 1 2 3 4 5 E 7 a> E 1( C C 1: 1. 1 1 1 1 2 G Q. According to his records, he :gave you some antiinfl.ammatol:y type drugs called Norf:lex and Dolobid. Do you remember being on those? A. I probably was. I don't recall the names of the medications. Q. Do you remember him telling you to be on bedrest with little activity back in 191 because of that? A. I don't recall. Q. At that point, his records indicate your weight was about 335 pounds. Is that about how much you weighed at that time in 1991? A. That's correct. Q. Does that sound about right? I A. If that's what he says it was, I'm sure it SI was. 3 Q. You have no reason to question the accuracy. 7 of that? 3 A. No, not at all. 9 Q. There was a complaint back in 1992 of fluid 0 in your ankles and swelling in your ankles'? 1 A. Yes. 2 Q. Do you remember that? 3 A. Yes. 9 Q. That was back in 1992? 5 A. That's part of the -- my condition, yes. Cent 1131 1101)airylva n 1. d. a701-t 1t01101 T21117 .ear v] 717 _.?59-3657 or ROO-663-3657 nr fa.^tfng,1rs0-202.com n 04 irw y` i i 1 2 3 4 5 6 7 8 9 lc 11 12 1 16 lE i- 1E i! 21 2'. 2; 2 2 50 (>. When you say part of my condition A. Something you didn't come into, but I was diagnosed with sleep apnea at the time, back around that time. Q. In 192 or sot A. Yeah, I would say probably around that time, maybe a little bit before. Q. The sleep disorder, that caused swelling in your ankles? A. I.was diagnosed because of the sleep disorder. I developed what was called congestive heart. failure, mild CHF, which causes back up of fluid in your lower extremities. That's why I'm on the,Demadex. Q. The diuretic? A. That's correct. Q. And did this accumulation of fluid, swelling in the ankles, did that continue as a problem fol: you or did that got resolved once your were on medi.cation? A. Yes, once I'm on medication, it has -- I i would :gay it controls it. Q: In 1994, Dr. Palmer's records show that you came into his office complaining of right knee pain and ! swell.inq. Do you remember an episode of that in 1994? i A. No. i Q. Do you have any reason to doubt the accuracy Conf lal 1'??nnsylv.ini,r Covrt Reporting Services 71 or 800-S63-36'7 or f.act.IngorrOaol.COm i M I 1 11 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 2--- 24 2r 51 of Dr. Palmer's records? A. No, I have no reason to doubt it. Q. But you don't have any recollection of that incident? A. No. Q. Did your knee give you problems periodically with pain or swelling over the years? A. Yes. Q. Okay. Did you ever get that diagnosed as to what was causing that? A. Yes. Q. What was that? A. They said I was developing some arthritis in i the knee because of the surgery I had from the cartilage; which they told me I would eventually develop anyhow. Q. When were you first told you would eventually develop arthritis in the right knee? A. When I had the surgery. Q. Back in 19707 A. Yes. Q. When did you begin to develop those symptoms of pain or swelling in the right knee? A. 1 don't know. I guess around that time. I. don't know. Q. You have had it for years? Cont id1 Pontiryivania court Reporting services 717-258-307 or 800-963-3657 or fastfngorrMaol.com 0 0 1+ 4) k+ W 1 2 3 9 c e 7 E 1( 1 1 1 1 1. 1 1 52 A. Yes. I don't have it too much anymore. I don't know why. But at the time, it was bothering me a little bit and that's why I figured -•- that's when they said it was probably the arthritis. Q. Do you remember which doctor it was that told you you had arthritis in the right knee? A. Oh, no, maybe Dr. Palmer. I just know I was told by Dr. Kruper that I would develop it. Q. And you did? A. Yes. Q. And the arthritis in the right knee, that developed before the fall at Blue Ridge in 1996? A. Yes. ; MR. LANG: So we're clear, I'm not sure when i you're saying he did develop it, I mean he's terming it arthritis. I'm not sure if he testified that any doctors 7 ever told him, diagnosed him with arthritis in his knee. B THE DEPONENT: No. 9 MR. LANG: He's calling it that p THE DEPONENT: Right.' 1 BY MR. HOFFMAN: 2 Q. So you have not had any doctor-tell you you 3 have arthritis in your right knee? A A. Not that I recall. !5 Q. But the pain that you have had in your right Central Pf?1u)::y1vania Court Reporting Services 717-258-3657 or 600-663-3657 or fastfngers@aol.com i i l.r t? E c 1C 11 12 13 19 15 16 17 18 19 20 21 22 2.3 29 25 53 knee that you have had over the years, you had been experiencing that pain prior to the December 1996 fall at ! Blue. Ridge? A. Yes. Q. Now, there is a reference in your medical records here to _a cellulitis in your right leg which you have already told me about.. And the dates in Dr. Palmer's records are December 1st, December 2nd and December. 9th, 1996. Does that refresh your recollection as to when that first bout of cellulitis in your right leg may have occurred? A. If that's when it says it was, that's probably when it was. Honestly, I can't remember. Q. Would you agree with me that prior to your fall at Blue Ridge„i.n December of. 1996, you had a number of problems, medically with your right ankle and your right knee's A. Prior to? Q. Prior to December, 1996. A. No, I would not. I had some knee involvement, not ankle. Q. Well, let me go through what. I found, and I want to know where I'm interpreting it correctly and where 1'in misinterpreting. That's why I want to talk about it with you. ....I..51 r?-rmsy 11.311 la court. Report:1ng 6 rvices 71S'-758-3[,57 or 600-863-3657 or lastfngcrrOnool.com 0 0 rM 0 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 2.4 2': 54 A. Right-. Q. We had the right knee surgery in 1970? A. That's correct. I Q. The ankle spur in the right ankle in 1989? A. That's not an ankle spur, that's a heel, heel. to foot. Q. So that was heel coming up through the Achilles tendon? A. Yeah, that's all it is, yeah. Q. The right leg celluliti.s? A. That's correct. Q. You had periods of time when you had pain and swelling in your right knee that you believe was arthritis? A. That's correct. Q. And there were times when you had complaints of pain radiating down your right leg from your back? A. That's correct. 0. Okay.' Those problems I've just described, none of them have any relationship to the fall at Blue Ridge in December of 1996? A. That's correct. 0. Okay. Mr. Hevner, other than the doctors you have told me about so far in the deposition and the conditions, the illnesses; are there any others that you Central lonnsylvani,a Court Reporring wee vicar 717-258-3657 cv 800--S63-307 or fact Inq.-irPaol.cont I f? 2 3 4 E 1 1 1 1 1 1 55 haven't mentioned to me? And try to think if there is anything else. A. Honestly, I'm so terri.blc with this kind of stuff. Q. I appreciate your effort here. A. Oh, do you mean since -- Q. No, no. Again, the pre, before the fall in December of '96. A. No, not that I can think of. Do you mean about the heart? L Q. Yes, if there is any more. You had told me about congestive heart failure and you told me about the 3 arrhythmia. 4 A. Yes, I saw doctors for that. 5 Q. Who were the doctors you had been seeing over 6 the years f or your heart condition? 7 A. I saw Dr.. Frank. g Q. William Frank? 9 A. Yes. >p Q. Okay. 21 A. Dr. Ott, Greg Ott. Dr.. Masland. 22 Q. That was for the heart problems? 23 A. Yes. 24 Q. Anybody else than the ones you mentioned? 25 A. Oh, year, the one for sleep apnea. C r:3] I't:!]f7SYJVJI7)a Uou", "-rw• "' ..,....-1 777•-258-3657 or S00-863 -3657 or 1astingsrS0a0 1.cam NV G E E ,c 1 c II 12 1> 13 14 15 a" 16 17 18 1.9 20 21 22 23 24 25 56 Q. You don't remember tier name? A. Maholovitch,,Makalovitch., Q. Samuels and Michal.ek. Is it a neurologist? A. Yes. Q. Up in the Harrisburg area? A. Yes. However you say her name. Q. I think it's Michalek. A. Well, maybe it is. Q. I'm not sure. The heart conditions, you're currently being treated for congestive heart failure? A. Yes. Q. And that's why you're taking the Demadex? A. Yes. Q. And you're currently still suffering from the arrhythmias•? A. Yes. Q. And that's why you're treated with the medication? A. With the Verapamil and Rythmol. Q. Any other cardiac conditions that you're presently being treated for? A. No. Well, I carry nitroglycerine spray for angina, if I would have it. 0. And that's for pain, heart pain? A. Yeah, heart pain. yji,».a cuur T. hipnr2r 119 B, res '73. `b,'+-3C57 or BOil 9G4-3057.or Sialix,?ar,@,?o1.com 1 C.' 2 3 4 lr 5 6 7 Q`± 8 9 10 11 12 1s 13 14 15 16 17 18 is 2C 21 22' ?, 2 tJ ` 2 i 57 Q. Has the heart condition impacted at all upon your ability to work as a respiratory therapist? A. No. Q. Now, can you tell me in December of 196, what was your work arrangement with Blue Ridge Haven West and Holy Spirit? How did that work? R. Okay. Holy Spirit contracted with Blue Ridge Haven West to provide respiratory therapists in their subacute care area. At that time, I was acting as a representative of Holy Spirit Hospital respiratory therapy department as one of those therapists. Q. So you're saying you were not employed by Blue Ridge Haven West? A. That is correct. Q. But, because you were employed by Holy Spirit and Holy Spirit had a contract with Blue Ridge, you were provided to Blue Ridge to provide respiratory therapy services in their facility? A. That's correct. Q. Who wrote your paycheck for that work at Blue Ridge? A. Holy Spirit Hospital. Q. Who determined the hours that you would work at Blue Ridge? A. Holy Spirit Hospital. Contial 11"Imsylvania Court Reportin(l Servicos ' 717-258-0b.'i7 or 8003 tR63-3(57 !'11' 1aaLImvojr{PjoI.'74a n n r? t.l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 2A 25 58 Q. Did anybody at Blue Ridge supervise you while you were providing respiratory therapy services in their facility? A. I would say not. We were -- we had someone who was in a supervisory capacity from Holy Spirit Hospital. Q. They were from Holy Spirit, not from Blue Ridge? A. That's correct. Q. While you would be at Blue Ridge providing the respiratory therapy services, were you generally the only respiratory therapist on site? A. Generally. Q. Did you have to report to anyone at Blue Ridge or associated with Blue Ridge about your responsibilities at Blue Ridge? A. Not directly. Q. Okay. When you say not directly, what do you mean'? A. Well, through my supervisor front Holy Spirit. Hospital. Q. Reports would be made from your supervisor at Holy Spirit to somebody at Blue Ridge? A. I would say that's correct. Q. Did anybody at Blue Ridge have any influence (701)f 1,11 Pennsy]vania Court Reporting 5eiViver, 717-356-3657 or 600-963-3657. or fastfng?;v-::Paol.com l' f'+ r% I YA C.? C:) 0 Cr 1 2 3 4 5 6 7 a S 1C 1] it 1! 1 2 2 ?_ 2 2 5c on how you performed your work at Blue Ridge in terms of telling you - - A. No. Q. -- where to work? A. No. Q. When to work, how to do your work? A. No. Q. Was there a written contract, by the way, between Blue Ridge and Holy Spirit? A. Yes. Q. Did you ever see ghat? A. Yes, I helped make it. Q. You helped develop it? A. I helped write it, yes. Q. And this was when you were in a position as manager.? A. That's correct. i Q. Do you have a copy of that, by the way? A. No. Q. That would be at Holy Spirit? 1. A. That's correct. p. Was there anybody else working as a 3 r(,-si')iratory therapist at Holy Spirit who also, like you, 4 went to blue Ridge to provide therapy services? 5 A. Yes. contial Penn_ylvanjaCcurt Feportinq Set-vices '117 nt- WO-SOA 3e57 of f:.otfngc^r:; (?ao7. cum. Q? h 60 1 2 3 A 5 E 7 E A 1 1 ... 1 4J 1. 1. L Q. Who were those people? A. You're asking me for names again. Q. That's fine. If you don't recall, that's fine. A: I'd have to think back. I just can't remember names very well. Q. Can you tell me the name of your immediate supervisor at Holy Spirit during the time of the fall in December of '96, around that time?. A. The name of my immediate supervisor? No, I can't, I'm sorry. Q. That's all right. A. I can tell you the director of the department I or the manager of the department, Carol Shirey. Q. Can you spell that, please? i A. S-h-i:-r-e-y, I think. ] Q. Is Carol still there, do you know? 3 A. Yes. 5 Q. She was the director of respiratory therapy 0 at Holy Sp irit? ]. A. Manager, I think is t-he'tit3e they gave it. 2 Q. Okay. Now, on the day of the fall -- by the 3 way, was t he fall itself, if you recall, was that on 4 December 1 9th or December 20th? I've see=n both dates in '.i the records. contral Pennsylvania court ne1+0rrJn9 z.crvices fngerrsPrsn].enm?. 717-258-3657 or 800-BoK3657 or fiat (t @, a Q C? 1 2 3 9 5 6 7 8 9 10 11. 12 13 19 15 16 17, 18 19 20 2.1 22 2.3 2.9 2.5 61 A. I would probably say it was the 19th, because I was going from an evening shift to a night shift. I was working a 16-hour stretch. The evening shift was at Holy Spirit. The night shift was at Blue Ridge Haven West. (. On the 19th of December., 1.996, how was your health generally at that time? A. Good. Q. Did you have any impairments at all in your function, in your ability to walk A. No. Q. -- or see or get around? A. No. Q. The cellulitis you had in your: right leg which, from the records, appears to have been diagnosed earlier that month, just about two weeks earlier. A. Yes. Q. Was that still bothering you at all? A. Probably not, not if I was back to work. Q. Tell me what you recall about your activities that day, the day of the fall. A. I would just say that I was doing routine " respiratory therapy at Holy Spirit 'Hospital.. Q. There was nothing unusual about that day? A. No, nothing unusual. 0. When would you have started working at Holy Central Pennsylvania Court. Reporting .Services ?: 717-2541-3657 or 800-863-3657 or fastfnge?s@aal. mm ^A f'? 11 V. 62 t E c 1C 11 12 1? 14 15 16 i7 18 19 20 21 2.2 23 24 25 Spirit that day? A. I believe we started early, 2:30. Q. 2:30 p.m.? A. Yes. Q. And you would have worked what length of time at Holy Spirit? A. Until. approximately 10:30. j Q. And that was a typical day? A. Yes. Typical, do you mean as far as what I was doing? Q. Yes, as far as your activities. A. Yes, it was a typical day, nothing special. Q. And then you were -- when the fall occurred, you were going from Holy Spirit over to Blue Ri.dae? A. That's correct. Q. When had you eaten last before the fall? Di you eat at a typical time? Did you eat dinner when you , worked that kind of shift? A. Yes, there was pretty much a typical time when we eat, but, offhand, I would just be guessing. Gosh, when did we eat? I'm trying to think.. You're asking me to remember things, and I've been in so many different hospitals since than. Let's see, I think we ate dinner around, probably around 5:00. Q. That would have been at Holy Spirit? .>, ll'La.?'.1'V:9Q1].G ro;,r t. Re))sprt i,:9 r-vi Oer 717...%9R-31,57 qt- 5U0-RG3--3vb' (xx- fastfa,2C)l.Com i kti' n n Is <Ws t U C L' 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 A. That's correct. Q. In the cafeteria? A. That's correct. Q. Was it typical for you to work a shift at Holy Spirit and then go straight to work a shift at Blue Ridge? A. I would say it happened on a fairly routine -- I mean it happened more than once. This wasn't the first time it happened. To say it was typical, I mean it didn't happen every week, it happened as -- depending on the schedule. Q. What I'm asking you is, were you used to at that time working 16 straight hours. A. Yes, that would happen occasionally. I didn't have a problem with that. Q. How did.you go from Holy Spirit to Blue Ridge? A. Two different ways. Sometimes I would drive. Sometimes I would walk. Since they're right beside each other. Q. On that occasion, how did you go? A. I was walking. Q. You say they're next: to each other. How far is i.t. from the exit where you leave Holy .13piri.t unt.i.l you walk in the door at Blue Ridge, would you say? Are we cc1111, r.37 PoMi ryt Van i a. Court R pol ti179 P1'Vi CiY? 737 ?f-t3-3(,57 or 800.863 -9657 or fast!'n?.rl's(?9o1.cs'?m Q). U i 64 1. t 2 alking a block, a half block? A. About a half block. Well, it depends on 3 where you're talking about the exit- 4 Q. When you would walk from Holy Spirit -- 5 A. Exit the hospital or exit the parking lot? 6 Q, This was a day you walked between the two? 7 A. Yes. 8 Q. Okay. On a time like that when you would a. 9 walk, the exit you would use when you would walk out -- 10 A. Out the hospital door? 11 Q. Yes. 12 A. How far would that be? That's probably, 13 maybe, 600 feet. 14 Q. Is that -- 15 A. I'm judging it by football fields. 1.6 Q.' That's a good measurement. 17 A. 600 feet. 18 Q. So about two football fields? 19 A. Yes. 20 Q. Would you walk on a sidewalk or on the 21 street? 22 A. Parking lot. 1 would walk through Holy 23 Spirit's parking lot, into the street for a short while. 24 And then -- because there is like a house that sits there 25 on the co rner. I would pass that house and then into the Central lennsylvania Court 1,eporcing Services 717-Z,.i8-3657 or 800-863-3657 or 1astfn91'r5@a01.c0m i 65 ('M t) 4) G G G 1 2 3 4 5 6 7 8 9 10 11 1.2 13 14 1.5 16 17. 1.8 19 20 21 2.2 23 24 2.5 driveway of the Blue Ridge Haven West. Q. Do you know what street that is, by any chance, what the name of that street is? A. No. Q. I thought: I'd try. A. I don't know if that's 21st: that goes around there. I don't know. It could be 21st. MR. LANG: We can probably find that out. BY MR. HOFFMAN: Q. Don't worry about it now. A. It's the street Blue Ridge Haven West is on.. You probably know that. Q. What made you decide whether you would walk or drive on a given day? A. Just how I felt. If I felt like walking; I'd walk. Q. Would it be about half and half the times? A. Yes, I'd say about half and half. Q. That night, about 10:30 you say? A. That's correct. Q. And what were the weather conditions like? If you remember? A. I don't really recall, to tell you the truth. It. would seem like a nice night to walk. 0. Would you remember if it was below freezing ciMI M rennsYlvanla court xepors1n9 services 777-15N-3657 or POO-H63-3657 or Airt ngorspaol.com r` 1 2_ 3 4 5 6 7 8 C 1C 11 K 11_' 1 1 1 1 2 2 2 1 S GG or above freezing? A. No, I can't recall that. Q. Do you know if at the time you were walking over it was either snowing or sleeting or raining or any kind of precipitation? A. No, I can't recall that either. I don't think it was precipitating at the time. Q. But you're not sure? A. No. Q. Do you know if during that day at all. A. I don't think I would have walked in precipitation, but I don't know. 0. Do you remember if during that day it had precipitated at all? A. I believe it might have. There might have i been some snow that day. 1 Q. Do you remember how much? 3 A. No, not at all. 3 Q. Do you remember what time period it started? A. No. When you're in a hospital, you're not 1 really looking out there trying to watch, you know. 2 Q.. As you walked over, do you remember if you 3 noticed it it was slippery out? 4 A. Yeah, I noticed when I. fe3l. 5 Q. 3 assumed that. But my question is: As you Central Pennsylvania Court Reporting services 717-258-3657 or 800-863-3657 or 1sstingersPanl.con • 0 , 0 O" 4 e_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 1.5 16 1.7 18 19 20 21 22 2-1-- 24 2 r. 67 walked over - A. No, I can't say I really noticed. I can't recall. Honestly, I can't recall. Q. If you were aware at the time if it was slippery or not? A. Yeah, yeah. Q. You said earlier it was about 600 feet from where you would have left Holy Spirit until you walked in the door at Blue Ridge? A. That's correct. Q. Can you tell me where along those 600 feet, roughly, the fall occurred? A. It occurred in the parking lot at Blue Ridge Haven West. Q. And do you recall, ballpark figure roughly, how far, you were from the entrance into the Blue Ridge building? A. From the entrance to the Blue Ridge building? Q. Yes, how far you were from when you would have actually walked in the door? A. Probably, gosh, that's a -- 60 feet maybe. MR. LANG: Can we take a break for one second? (Recess.) 13Y MR. HOF17MAN: central Pennsylvania coui-t Reporting Services 717-,?58-3657 or 1300-863-3657 or fart fngers(i.aol.com Q C- V V Ie tai 1 3 4 5 6 7 8 9 10 11 12 1: 14 K 1i 1' if V 21 2 2 2 7. 68 L?. Before the break., I was asking where precisely the fall occurred. I think you had told me you think it was when you were about 60 feet from the entrance to Blue Ridge Haven? A. That's correct. Q. And the fall itself occurred in the parking lot? A. That's correct. You were not on a sidewalk at that time? A. No. (7, Ain I correct in saying that you didn't realize there were slippery conditions out until the actual fall? A. 1 think that-'s correct. I was not having an problem up until that point. U. idei.l, when you say •yo... ,:Cren't: having any problem, that's a little bit different- than what I asked you. And my question is: Did you suspect or realize there may be slippery spots in your path from Holy Spirit I to Blue Ridge at any point prior to the time you actually slipped and fell? A. I'm trying to say -- I just: can't: remember. i You know, I'm trying to recall what 1 was thinking, but I I can't. That's so long ago. I'm trying to think. {), When you walked out of -- f'rnu.il IinnnyJv.inia coact A-portdnry rorvlces - Noo^Gb3-3657 or fart fngois(raol,com. r 1°+ f? i ?G> 1. U 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 is 2C 21 2; 2` 222 21 69 I A. I can't even remember what the night was like, to tell you the truth. Q. I do have to ask you a few other questions. If you don't know or don't recall, that's fine, but I nee to ask you these questions. A. Okay. Q. When you began walking and were leaving Holy Spirit, did you notice if the path you were walking on was snow covered or not? A: No, I don't remember. Q. Do you remember if it was covered with ice either completely or in parts? A. No. Q. You don't remember A. There might have been snow down because it could have snowed that day, but 1 can't remember. Q. You're not sure either way? A. No. Q. And am I correct in saying you're not sure if there was any ice along your path as you walked that distance? A. None that I can .recollect, except for where 1 "fell. Is that what you mean? Q. Up until the point where you fell, do you recollect any ice being along -- Central Awnsylvania Court 61yort.ing Service:.; 717-25t1-3657 or 800-863-3657 of Sast.fngersPaul.com rl, t 70 1 2 3 4 5 6 8 9 10 11 12 13 14 1E lE li lE 15 2( 2] 2, 2: 2, ?' A. No, I don't remember any ice. Q. Can you tell me as best you can recollect it, how did the fall occur? A. Well, I was just walking and all of a sudden my feet went sort of out from under me but they went kind of an odd way. I almost did like a split. My right leg went underneath my body and I sort of came back on to my leg. All my weight_ came on my leg and my foot was sort of turned in when it happened. It was sort of -- just everything sort of went flying. I had a case in my hand. That's why I remember that. That thing flew. I had to hunt- it after I got back up because I couldn't- even find it. It went. "I sort of threw it, I guess, as I was falling to catch myself. Q. What part of your body or parts of your body contacted the ground first, if you can remember? A. I would say it was my leg was technically on the ground first. Q. Your right leg? A. Right leg, because it was underneath me, then my weight came back down, Because I remember at the time I was trying to catch my weight with my arm and I didn't do too good because most of the weight came down on my right leg which was underneath me. Q. Was it the outer side of your right leg that M Central rennsylvania Court Reporting Services 717-259-3657 or 800-863-3657 or fastfn9orsPaol.com 1 e L 3 4 ® 5 it E • E 1. 1'. • 1. 1 l • i 1 ] • b C 71. was contacting the ground? Because when you said you did a split A. Yes. Q. -- i:'in not sure how you - A. Yes. ?. So your right leg sort of went underneath an behind you? A. Yeah. So actually my foot turned in. Q. Your right foot turned in sort of to the left? A. Right. When it happened. I came down and sort of twist ed it. ?. How long were you down on the ground for? I A. About a half a second. 7 ?. You were able to get up quickly? A. Yeah. It's one of those macho things I 7 think. 0 ?. Old football -- 9 A. You're kind of embarrassed that you even 0 fell. I thi nk l sort of popped up. It didn't seem like 1 101.9 an yhow. ] don't know how long it was. It could have !2 been a littl e bit lon(jer. V <r. You were able to get up under your,,own, power.? ?q A. Yeah, I got ul) under lily own power. 75 t) You didn't 77e?'[i anybody to a:;sist you getting . 6111.1 aI I'?'n!)S)4Y 4:3117.9 (.0011 1wi ,(" ,'y ..a.• ('- 177•?.',fi-31,!,7 nr V00-hi- i- f57 nt IastIngcleom i „ i4:.. 72 n „* r'r i 1. 2 3 4 5 6 7 3 9 10 11 12 11 14 1( 1. lE 15 2( 2: 2; 2, 2 tip? A. No, there wasn't- anybody there to assist me to begin with. Q. That was my next question. Was there anybody who would have seen any part of this fall? A. Not that I would know. There was a car at the time pulling into the parking lot, but I don't know if they even saw it or not. Q. Did you ever talk to that person? A. No, I don't know who it was. That's why I say I don't know. Q. To your knowledge there were no witnesses to the fall? A. That's correct. Q. Except for you? A. Except for me. ?. What did you do after you got up? A. Went in to the home. Q. Blue Ridge? A. Blue Ridge. Q. You were able to walk in under your own power A. Yeah, it wasn't a good walk, but it was a walk. Did you take any extra precautions the next contra] I' onIIsylvattia Conn[ Reporting Sraeicos 717 .?58-3657 or 1+00--811.3-3657 or IastIncger:;'(2aol.com I.J I; x t,r tr V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1.3 24 25 73 I 60 feet until you got in the door? A. Did I take extra precautions? I walked very -- I was in pain, put it that way. So I walked very slowly. Q. When were you due to begin your work at Blue Ridge? Was there a set start time? A. The reason I was going overat 10:30, technically our day shift wasn't over until 8:00, I mean until 11:00. But because of the having to go over and get report from the evening shift person, we would leave early, go over and get reports from the evening shift person. So that's why I was leaving at 10:30. MR. LANG: Excuse me. This is Nick Kauffman from our office. BY MR. HOFFMAN: Q. I'm still not sure. When dial you expect to begin? Was there a set time you were supposed to begin? A. When I would arrive, I would get report- from the therapist that was on duty. Q. Was t here a time that you were scheduled to be there? A. Just between 10:30 and 11:00. Q. Were you running late at that point'? A. No. Q. Were you rushing in any way? Contral I4^nnsylvania Court Reporting Sorvice:: 7j'/-.9!)8-3(,57 or 8oO-863-3657 or fastingors(@aol.com k n rw' !•1 s s 1 2 3 4 5 6 7 8 c 1C II 1s I: l: 1! 1+ L' 1'. I 2 2 2. 2 2 1 74 A. No. Q. This spot where you slipped and fell, did you take a look at it after you fell? A. Only to see that it was shiny and ice, that's all. Because I wondered why I did fall. Because it was kind of a shock. (?. ilhat did you conclude when you looked? A. That I'd slipped on ice. Q. Was, it a smooth surface? A. Yeah. Q. The spot where you fell, didn't have any crevices or cracks or anything like that..? A. 3 didn't loot: for crevices or cracks. Q. But nothing that you noticed' A. Nothing that I noticed. Q It's not as if you fell in a pothole of some kind? A. That's correct, nothing that I noticed. 3 Q. All right. So you think it was just the fact l that it was slippery because of ice that caused your feet I to fall out from under you? 1 A. I would assume that', correct. 3 Q. I Ieiieve in your answers to interrogatories 4 you said you were wearing Rockport shoes? 5 A. That's probably correct because that's the cent jai retinsylvanaa court raporcrng ..ervices 717-WOO-3607 or VoO-863-3637 or fastfngersCaol.com ^I r A i i 4 r. E 7 8 9 10 11 12 13 19 15 16 17 18 19 2.0 21. 22 23 24 25 vb h ' 75 kind of shoe I went to. Q. To work in? A. Because of my bone spurs I had that we referred to earlier. I went to a soft scie shoe. Q. Okay. Is that a rubber sole, or do you know what kind of sole it had? A. I guess it's a type of rubber, I don't know. Q. These are the type of shoes you would work in the hospital with? A. It had this kind of sole. I'm wearing Rockports right now. It's called Vibram. I don't know what it's made from. It's kind of -- MR. KAUFFMAN: It's made of Vibram. THE DEPONENT: This kind of a sole. These are Rockports here. BY MR. HOFFMAN: Q. Okay. So, when you would go out to walk from Holy Spirit: to Blue Ridge that day, you didn't put on any special. shoes? A. No. Q. Or galoshes or boots or anything like that? A. No. Q. You just wore the srure shoes you were wearing while you worked at Holy Spirit? A. That's correct. i.encr.v 1'cn11syl Vj n i.a COU:t R?°Fvrting tp?,I V,f c??s 71 1 25H-3657 Or 900-863-30:57 Or Y.3ntfna?>a(daol.COm n 0 76 1. 2 3 4 5 6 8 c 1( 11 1 1 1 1. 1 1 2 2 i. Q. Did you. trip over anything that was lying on the parking lot surface? A. No. Q. Did you slip on any kind of a mound or an accumulation of snow that was piled up in any way? A. No. Q. So this wasn 't a little hill of snow of any kind? A. No. Q. Or. ice? A. No, not any kind of hill that 1 can recollect. 0. I'o your recollection, it was just: a flat slippery surface? i A. That's correct. Q. Were you bleeding at all after the fall? 7 A. No, I don't think so, not that i recollect. 3 Q. This route that you walked from Holy Spirit 3 to Blue Rid ge that night of the fall, was that the same 0 route you t ypically would wall:? 1. A. That's correct. 2 Q. Wlien you would walk as opposed to drive? 3 A. 'that's correct. 4 Q. And how many times roughly would you say you 5 had walked that route prior to the night of the fall? Central Pennsylvania court Reporting services 717-258-3657 or 800-863-3657 or fastfngera@aol.com A A A A u A A A A 77 1 2 3 9 5 6 7 6 9 to 11 12 13 14 15 1C 17 lE 1? 2( 2] 2, 2: 2, 2_! A. Uh -- Q. Ballpark figure? Are we talking five times, ten times, a hundred times? A. More than ten. I don't know. Q. More than 20? A. Could have been more than 20. 1 don't know.' I really -- that's just a -- because 1: never counted, I never tried to count. Q. That's fair. Would you agree it: was a route you were fam iliar with? A. Yes, it was a route that I was familiar with. Q. Do you remember if it appeared that the surface you had slipped on had been treated in any way for snow or ice? Could you tell if sand had been put down or gravel. or, salt? A. Honestly, I wasn't really looking for that. Q. So you don't recall either way? A. No, 1 don't. Q. You have no recollection of whether it was shoveled or plowed or treated in any way for snow or ice? A. No. No, I don't, sorry. 0. Po you remember if the spot where you fell was just ice or was there any :-,now covering it: as wel.l.? A. There may have been nnow. I don't know to tell you the t, rut h. I just remember seeing ice when I got C.°ntr.3S PonmsySvani.3 Coutt_Ieoporting services 737-.'",8-3657 of POO-f63--3Gb7 or fartfngerti@aoS.eom i 7E n CA r,"1 C) a` 1 1. 1li V li K 15 2C 2 1. 22 23 24 25 1 up. But I'm not sure. It's so long ago. At the time I 2 wasn't- trying to remember all this stuff. 3 Q. Did you work your full shift that night? 4 A. Yes, I did. 5 Q. Okay. Did you get any first aid prior to 6 working your shift? 7 A. No. Q. Did you see anybody or talk to anybody on -- 3 A. Yes. Q. -- on the staff at Blue Ridge that night? A. Yes. Q. Who was that? A. I don't remember. Q. There I go with names again. A. Yeah. I did report it to the -- they made me report it to whoever their personnel is to resort something like that to. I dial that in the morning when they came in. I'm sorry I can't tell you Lhe name. I did talk to the nursing staff. I also talked to the person who I worked with but I can't remember who that was at the time, who I was replacing. But -- because they saw I was in obvious pain. Q. Can you remember the name of anybody it Blue Ridge that you talked to about the tall Lhat night or going into the next morning? t.cnu i j eporr iiiq 717--2 8-3657 01 PnNS63-3657 or fast inq.•rrta ol.colu i j. n f1 - 0 13 U G G 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 2.1 22 23 29 25 79 A. I'm terrible with names. I'm sorry. I get around so many people in my occupation I just can't remember names. Q. Were you able to do all the normal duties of your shift that night? A. I would say I managed to get through them. Let's put it that ways Q. Now, eventually you went: for help, or I should say the next morning you went for medical attention? A. I think if I recall right, I did notify my supervisor in a sense, the person who was supervising at the hospital. Q. Holy Spirit Hospital? A. Right. I did call him and I told him I would try to get: through the shift because I knew that, you know, they didn't have anybody readily available to step in. Q. Do you remember the name of that fellow? A. Sunday, Duane Sunday. Q. And you would have called him that evening during your shift at Blue Ridge? A. That night, yes. Q. And the next morning is when you went to Holy Spirit's emergency room? Central Pennsylvania Cnvrt Heportinq services 717-08-3657 or 000-863-3657 or fa.stfngers@aol.com r n n "" l 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i5 i6 i7 18 30 aC 21 ?i 2 ?' A: That's correct. Q. And they took an x-ray there? A. Yes Q. Did they x-ray your ankle and your knee? A. No, I don't think they -- I think they just x-rayed my ankle. I think. But, again, I can't recall. I just remember having x-rays. Q. And according to the records that we've seen, the x-rays were negative, there were no fractures? A. I don't know. They didn't identify any at that time. Q. Do you recall what the doctor at the emergency room diagnosed you as having? A. I don't know if they did. I guess a sprain, I don't. know. 0. Did they give you any treatment or put you in a cast or anything like that'? A. They might have wrapped my ankle. That would be the only thing. I wasn't put into a cast or anything like that at the time. Q. Did they give you any medication at the time? A. I don't recollect. Q. How long was it before you were able: to go back to work vithto at. Holy spirit. as a respiratory therapist oI at Blue Ridge as a therapist? Inattsl WarylvanD Awit R11"rtinq sinvicer 71.',R why to 1(10--66R-dA7 of list Inovl:'Mol rom d tY r°,y (;) 1 2 3 4 E 1 1 1 1 81 A. Oh, I'm not sure. It might have been just a few days. But. I was back as light duty, I think, when I finally did. I honestly am not sure. Q. You weren't hospitalized overnight, were you, at Holy Spirit because of the injuries that you had in the fall? A. No, I was not. Q. You were seen in the ER and then released? A. That's correct. Q. And then did you come back to see someone as L an outpatient in the following days after that? 2 A. Yes. 3 Q. Do you remember who you saw? 4 A. Dr..Battin. 5 Q. Do you remember how long=af.t.er the fall you 6 came back to see pr. Battin? A. Probably almost immediately. He was their 8 workmen's comp referral doctor, I mean, who I was referre' 9 to. So I pr obably saw him pretty soon after the incident. A Q. When you say pretty soon, a day or two after? it A. Yes. I'd say it was pretty soon because I A don't think he had any x-ray results or anything. 23 Q. Do you remember what Dr. Dattln ]recommended 24 as tar as g oing back to work or restrictions? 25 A. I was supposed to keep my -- I was on light Ca17LP,a] AwnsyJvania Court A0POrtJJJ,3 '•cyvai:- 7)7-118-36 7 ox 800-063-3657 ear fast1nQO1rA O1.cOm low 0 1 ® 2 3 4 E Q' f t 11 Q? 1. 1 1 Q7 1 1 0 1. 1 7 82 duty. I was supposed to keep my -- they were allowing me to keep my leg elevated for pain. He did try some kind of a brace, but I couldn't stand it on my leg. I had too much pain because of it. It would clamp my leg and because of that force -- it was like an air thing -- I couldn't stand to wear it: Q. Like an air cast? A. Yeah. Q. So you didn't use it? i A. I couldn't. I had such pain because of that thing, I couldn't stand it. > Q. When you left the emergency room the morning 3 after the fall, were you on crutches or using a cane or 9 anything like that? 5 A. 1 can't remember. Was I? Okay, I, was. 6 Q. You don't remember but your wife is nodding 7 yes, so you think you were': g A. Yeah. g Q. Do you remember how long -- what was it? 0 Cane or crutches, if you remember. 'I A. Crutches. 22 Q. Do you remember how long you were on crutches 23 for? 24 A. 1 don't remember. 25 Q. A couple days, weeks? Cwur,rl I',tnne:y]vania court x(>porclny oviv,.• .777-<'i8-357 or 8t>0-803-3657 or 1asttur7,-s'^(daol.com O 0 • A s e 0 1 2 3 4 5 L i E C 1( 1 1 1 1 7 1 7 83 A. Weeks. ?. You were able to go -to'work with your crutches? A. I guess, yeah. Q. When you say light duty, other than allowing -- being allowed to put your leg up to -- for ease or comfort, what other restrictions did light duty entail? A. I guess whatever I wanted to invoke. I thin, I was just carrying a lighter workload. Pretty much doin the same respiratory care. (7. How lon g did this light duty last'? A. Not as long as I probably would have liked i rr n Q. Honest answer. u A. Because of staffing and stuff:, you know. I I think it just sort 7 don't think it lasted>.:aii that "cng. 8 of drifted into regular: work loads. 9 Q. Other than being seen at the emergency room U it Holy Spirit the morning after the fall .end then seeing I DI. 19att.in Shortly after, a day or two after -- 1 guess 2 you 'said you're not.sure exactly how long •-- were there !3 :any other doct.ois you saw for the injuries you suffered A ?4 the fall At Blue'. Ridge? 2b A. For how long are we talking about..? Do you tint zal Prnnerylvanla rout t mpori mo . o, vn ,-, 17 ._ -.007 ,uz 800-s6i-9057 M rya =tJu???r.?Caa.'o1. ^an { h yti? T; t.. r <"1 f i f1 E C 1C V 11 12 6r 13 14 1.5 Q 16 17 18 19 20 21 22 23 24 25 84 mean for the whole -- Q. For the whole period. Up to the present time. A. Yes, there were other doctors I saw. I may have seen some other physicians that were actually at the Work Net, where Dr. Battin was, occasionally. But I can't give you names or even occasions. But I think when he wasn't there or something, I might have seen somebody. Then I, of course, saw my family physician. Q. Dr. Palmer? A. Dr.. Palmer. And I saw Dr.. Nachtigall, and I saw -- now, up until the present time. And I saw Dr. Sicuranza. Q. Can you spell that by any chance? MRS. 14EVNER: S-i-c-u-r-a-n-z-a. BY MR. HOFFMAN: Q. Sicuranza. Anybody else other than the names that you've already mentioned that you've seen as doctors for problems that have been attributed or you attributed to the fall in 1996? A. I had an MRI done. I don't know if that would be considered seeinga doctor because they had to interpret it or whatever. (2. okay. Did one of the doctors you already +•?+ .ruun3•,a IIIj4 a. OIJIC K«-1101'r 771, v7'Vl a'B8. 717=',ti-?i..1 w- o0U ?6,?-_?v51`I yr cnm i r' i { 85 I rt 2 3 1 1 1 1 ] mentioned order the MRI? A. Yes. Q. Was it Dr. Nachtigall? A. No. Q. Dr. Sicuranza? A. No, Dr. Palmer. Q. okay. Anybody else that you recall, any other doctors? i A. Not that I recall. 1 Q. The records I've looked at that I've seen L that your lawyer has provided to us where we've gotten through subpoenas indicate that the next time you saw a 3 doctor about problems associated with your fall in '96, 4 December of '96, after the first couple days when you saw 5 Dr. Battin in the emergency room at Holy Spirit, was about 6 a year later, Dr. Nachtigall in December of '97. What I 7 want to ask you is:` is that accurate? In other words, 8 did you see anybody during that year., the rest of '97, L9 prior to seeing Dr. Nachtigall about problems with your 20 right ankle or your right knee? 21 A. Yes. 22 C1. Okay. Who did you see? 23 A. I saw Dr.. Batt.in, many times. 29 Q. You saw Dr. Battin frequently? 25 A. Yes. Con1"Jai 1VnnNyjva,,,m 11- .. ...t... ..._ ___ 717-258-307 or Nl)0.863-3657 or fast 1ngers@ao1-Mm n. r i 0 E c 1( 11 1e 1? 14 1r IC 17 18 19 20 2.1 22 B 29 5 Q. Do you have any ballpark figure of how frequently you went-? A. Not offhand I don't. But I seen Dr. Battin through that whole time. Finally he said, I can't do anything; I'm going to refer you to Dr. Palmer, your family physician. Then I saw Dr. Palmer and he ordered the MRI. And then I was referred to Dr. Nachtigall for m knee. The MRI was of the knee area. Q. When you say you saw Dr. Battin or people in his office many times, over what period of time was this? Can you give me what months? A. This was right up until pretty close to the time I was discharged from the hospital. Because he's the one that: had prescribed the medication for me to be on. Q. When you say discharged from the hospital A. Having been terminated. Net d:.schr.rged as a patient, discharged as an employee? A. Yeah, terminated, I guess is a better word. Q. I understand, right. 1: was a little confuse there for a second. So you're saying up to -- that was September of '97. It's your testimony that you were 54>+sjnq Di . i attin or hi.s colleagues in at Work Net frequently during that entire year of '9'1? A. That's correct.. ??i,r? 1. n13/: )'Jl 9771.1 Gf7UY[ ???g?i)r tlflq Sol VI i'1 -,;C> >t POD ,tin3-36S'1 01 fa•ffbget' Ca3eP.tOn1 86 L i t A n n t to 1+ t? d,. C' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 7- 87 Q. And that was for symptoms that resulted from. the fall in 96? A. That's correct. Q. Okay. And what was the treatment that you were getting from Dr. Battin's office during that time period of '97? A. Just telling me that it takes a while for a sprain, a bad sprain to heal since I'm on my feet all the time, and the prescription for the Darvocet medication for the pain and the -- he let the hospital know that he wanted me to still keep -•- whenever I had pain, to elevate my leg. And they agreed to that. Physical therapy. Q. You're saying you had physical therapy for a back problem but not for your knee? A. Not for the knee or ankle. Q. What symptoms did you have in your ankle or ` your knee during the whole period of 1997 following this. fall? A. Pain. Pain, especially the longer I was on my leg, the more pain I had. Q. Where was the pain located? A. In my kpee, radiating down into my leg into my ankle area. t?. When you say radiating down, did it begin at your knee and go down or did it begin higher up? uontraJ lbnna0vanja court Rgoart:ing servioes 717-258-3657 w 800863-3457 nj lint tngorpodol,corl, f? e% t? r. t .i 88 A. No, actually it was in the middle of my leg. I had all this pain right down through the -- my lower leg into my ankle, but I also had knee pain too when I was on my leg for any length of time. During the fall -- they found with the MRI, I had torn ligaments in my knee, but it was my lower leg that was causing me most of my pain at the time. Q. And you're saying you were given Darvocet by Dr. Battin's office? A. That's correct. Q. Any other medications that you got from his office? A. I think not, not that I can recall. Q. Was the pain you had during 1997 in your lower right leg that you described constant, or dial it get worse? A. Constant. I Q. Did it get worse at some times? A. It got worse. Q. What would make it - L A. The longer I was on. my leg, the worse it got. 0. Despite the pain, were you still able to 3 fulfil.] your duties as a respiratory therapist? 4 A. Yes. 5 Q. Ultimately, you say Dr. Battin referred you 1 2 3 4 5 6 7 a c lc 1] 1`. 1i 1 2 2 2 2 1 con:ral Pennsylvania Court. Reporting Services 1'7-75,;-3657 or 800-963-3657 or tastf'nquas?aol,cnm EMM-K 89 1 t o your family doctor, Dr. Palmer? ® 2 3 A. Yes. Q, Did the make a different diagnosis ar q prescribe any different. treatment than Dr.. F3attin had? ® 5 A. Yes. 6 Q. What was that? 7 A- He had -- he ordered the MRI,study, which ' g identified in the knee area that I had torn ligaments, 9 which up to that time Dr. Battin had never even checked 10 the knee out. 'rhat's why I was referred to.Dr. 11 Nachtigall, who in turn found the other problem. 12 Q. The torn knee ligaments that you had said 13 were diagnosed with the MRI, did any doctor tell you what M 14 caused the torn knee ligaments? 15 A. Just from the fall, I would assume. I mean, ar 1.6 17 that's what we. were in for to begin with. Q, 1' understand you're assuminy that it %'.'as 18 caused by the fall. But did any doctor tell. you that for as 19 a fact, that it was caused by the fall as opposed to 20 somethincl else? 21 A. 1 can't remember it it was actually said in 22 any kind of way because what 1 was being treated for was 23 t hta f;il l . So, I can't honestly recollect how it was N w0rdod err anyt-hind to that effect. b Q. When you would go nee Dr. Battin or one of . 610:'11 !'anr ;?,lv.3ni.? Feud'! f y,vrili?q 'crvlce.'. 1).1 31 7 or i'astltia?r?@aol.com r 1' ,. war B_ 90 1 2 c 4 1 A 1 1 3 A C; r his associates at Work Net, where did you go physically? Was his office in the hospital? A. No, it's in a shopping center. Don't ask me what it's called. It's across from Wonderful Wanda's, whatever that shopping center is up in that area. Q. Now I know where you're talking about. And the place is called Work Net? 3 A. Work Net, whatever that is. I think that's 3 just a short term. Q. Now, from the records we've gotten, there's a 1 complaint of a strained back in June of 1.997 when you 2 were, according to the records, it says you were reaching 3 down to pick up a coin and hurt your back. Was that the 4 workers' comp claim you were talking about earlier in the .5 deposition? f, A. That's right. That's not really when it L7 happened. I did pickup and I. thought I strained it a 18 little, bit when I was picking up a dime at a vending 19 machine that 1 dropped. But when I actually injured it 20 was when I was over working at: Rest Haven. 21 Q. Blue Ridge Haven? 22 A. Blue Ridge Haven at the time, excuse me. An 23 1 injured it over there, strained it. more, 1. guess you'd 24 say, because of the way they had a bed :yet up. It was 25 crazy. Conti-31 P?t:n; y3 vat?3,3 t."1111 ,.. i .... ....... .......__- .'117-: Sit-3G5'7 or R00-8(3-.?1157 ar l;y.^t-fnyctt,laaOl.Cnm r i 91 n 17 1;, 1 0 C# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 Ia 2C 21 22 2? 2/ 2_`. Q. My question is: When you went in to be checked for the back problem in June of '97, was your right ankle or right knee still bothering you at that point? A. Oh yes, yes. Q. Do you remember if you made a complaint about those symptoms at that point in time? A. I may have. I would never stop complaining about those symptoms. Every time I saw Dr. Battin, those -- you know, I referred to my lower leg. Q. Was Dr. Battin the one you saw about the back problem in June of '97? A. Yes. Q. When you had gone to see Dr. Palmer, that was when Dr Batti.n, you say, said he couldn't do anything more for you and Dr. Palmer did the MRI. Are you saying Dr. Palmer referred you to Dr. Nachtigall? A. Correct. Q. Did Dr. Palmer say you could continue to work without restrictions at that time? A. No. That time he had me on restrictions. Q. What restrictions did Dr. Palmer have you on? A. But I wasn't working anyhow, so -- Q. This is after: A. This was during -- after the termination of COntral Pennsylvania Court Reporting Services, 777-JiN--aG'i7 or 900-863-3657 or fasSt?ngers@?rol.com Ca n rti e? 92 1 2 3 4 5 6 7 8 9 1.C 11 le 1`. 1( 1.1 2 2 2_ 2 2 2_ my, position. Q So we're talking the fall of 197 now, when you were no longer working at Holy Spirit? A. That's correct. Q. You were unemployed at that point? A. That's correct. Q. According to the records I've gotten, Dr. Nachtigall saw you in December of 197 and saw you through I believe it's April of 198. Does that sound right? A. That sounds right. Q. And from his records, there were about four or five office visit to Dr. Nachtigall. Does that sound about right? A. I would say. I wasn't counting. Q. Is it your recollection that you have not seen Dr. Nacht:igall since the spring of 1998? A. That's my recollection. 0. 'Okay. Tell me what you remember about Dr. 3 Nachti.gall.'s conclusions about your leg or what he found, 1 your ankle, your knee? I A. Well, lie concluded, basically, that I did ? have the damage to the knee, that I would hrobably need a ? total knee repair, but i was too young to have that done. 9 He felt 1 was too young to do it. He, at that time, s during those visits he found -- because my complaint of (IM11al 11ancylt"Inia C<wrt Poporting.F?xvices 717 ?,'.;t;-.;PW or 800-863-307 or last inqolo@aol.ccm 93 ?I 1 the lower leg, he did x-rays and found out what the problem was; and that I had apparently broken my leg with (b ? d correctly and I ;. O O !N f is .11 3 the fall, and that the break heal.e 4 A ended up with the two lower bones in my leg fused 5 together. 6 This is in the ankle? 7 A. Huh? 8 Q. This is in the ankle? A. This is the two lower bones in the leg, the 9 10 tibia and the Tibia, down close to the ankle. 11 Q. Did he give it a name, this condition? 12 A. lic did, but I can't: remember what he called 13 it. I think Dr. Sicuranza gave it a name. You're goi.rg 14 to ask me to say it, aren't you'? 15 Q. No, no, because 1. can't even say it, so 1 16 won't. ask you to say it. What was Dr.. Nachtigall's plan 17 for you? Did he propose -- you mentioned the knee 18 replacement, but lie didn't think you,should go through 19 with that at this time. 20 A. No, he felt i was too young for that. So, he 27. didn't: suggest that. With the lower leg, he said I had 22 the option of having it surgically separated. But he 23 wouldn't guarantee it, that it would take. In other 24 word:a, Liecau::+e of surgically separating it, you basically 25 are opening the bone again and that it may end up growing <', ni.rs ] 1 , Df7S)'] 1',3r71.r C??ur t fi.°pos i snq Scsvi c?>:a 777. ";R-.3GS7 or flq(7-flGa?:db`>7 or 1.3 1l ngere@sol.corn c:. 1 :• 1 2 3 5 6 7 8 9 1(J 11 LL 1! lE I.) l.' 2 9 2 2 2 94 back together, you know. So he said he couldn't guarantee that it would take away the pain or would resolve the problem. Q, So, he proposed that as an option but he wasn't really recommending that as a course of action for you? A. He sort of was giving me the option. It was one of the things that he was recommending as a possible course of action. Q. What other options did he give you for the ankle? A. None, other than just limit to what I do. I mean, limiting it to what I can do. Q. Which of the options that he laid out did you choose to pursue? A. I chose not to see him anymore because I couldn't afford it. The insurance company stopped -- he told me that they weren't paying the claims and that we ! had to pay for it. And I looked at it. I said, I can't afford this. I said, I can't afford to see you anymore. L 1 couldn't afford surgery. ? Q. Once you got the job with Hanover Hospital in 3 February of 198, was there health insurance along with 7 that? 5 A. - No, I was only per diem. I did not -- I C?•ni i:,] I'rnnsy]v,a„ia Court R( porting Services 7]'7 7 or W-R?J-.3b57 or tastfnocrs@acol.coin i e1% PY VV <.a c f li 1 l 1 1 1. 1 - 1 1 7 2 r 0 95 wasn't full-time at that time. ?. When did you become a full--time employee at Hanover Hospital? A. Just recently, probably around June. Was it around June? Around June of this year. Q. June of '99? A. Yes. Q. And from June of 199 to the present, have you gone back to Dr. Nachtigall? i A. No. I've gone to Dr. Sicuranza. Q. Do you have health insurance benefits now through Hanover Hospital? 3 A. I do. Q. And they would cover you for seeing an i orthopedist for any problems you have? 3 A. I would think they would. 7 Q. Okay. And why have you not gone back to Dr. 3 Nachtigall? 9 A. Because Dr. not doctor -- because Leah 0 said that I should have a second opinion., 1 Q. Leah, being your lawyer, Leah Graff? 2 A. That's correct. 3 Q. And did Ms. Graff send you to Dr. Sicuranza? 4 A.. Not specifically. That was my choice. 5 Q. Was he a name that she provided to you? t'wrtaal aY=a:nsy.l v.ani.? Court: F?=Fonri?ng S,?rvi a?73 07-08-307 of 00-M 3657 or tdstLa7??rc(a,3al.cotn n r? 1 2 3 9 6 7 9 10 11, 12 1: 19 1`_ 1- E 1 1£ 1! 21 2: 2 2 2 2 96 A. No, it's a name I'm familiar with. Q. Had you ever seen him before? A. Not for me. My son had leg surgery and hu's the one who performed it. Q. When did you see Dr. Sicuran•ra? A. November of this year, this month. ?. Just a few weeks ago? A. The 19th. Or the 10th. Q. Of this month? A. Of this month. Q. Was that the first time you saw Dr. Sicuranza? A. That is correct. ?. So, from the spring of 1996 until. November of 1999, am I correct in saying you did not see any orthopedist for your ankle or knee problems? A. Correct. Q. Am I correct in saying during that time period you didn't see any physician for your ankle or knee I problems? A. 3 may have saw Dr. Palmer, my family physician. 3 Q. Other than Dr. Palmer, any other doctor you 9 saw during that time frame for ankle or knee problems? A. No, none. C"Solal Prnne,ylvania Court Repoltiny 777-.'x•7-3657 or 500-P6OM57 or last fngoisPaol.Com 1 2 3 4 F r4 1i i - 1 1 1 1 c? 1 7 i 97 Q. Tell me about: Dr. Sicuranza, your visit- with him. Did he reach any conclusions different from Dr. Nachtigall? A. Somewhat. Q. What was his conclusion? A. Pretty much the same conclusions but he did recommend that I probably should have -- that I should have the knee surgery done. He doesn't believe that waiting is the answer. Q. Did he describe the kind of knee surgery he thinks you should have? A. A total knee. 3 Q. When you say a total knee, what does that 9 mean? A total knee replacement? 5 A. A total knee replacement. 3. don't know what 6 all that incurs. 7 Q. Did he say why you should have the total knee 8 replacement? 9 A. Because of all the damage to the knee. And 0 he believes that waiting is not the -- you know, if you're :l young, you should have the knee work done because that's !2 when you're going to be using your knee, not waiting until ?S you're semi-retired and you're just sitting around or ?q something. 25 Q. Did Dr. Sicuranza explain whether the knee c,atril Ponusylvinii court Reporting ovzvjovs 717-I&R-307 or 800.1363-A57 or f.-)^tjngors?aol.coin 1. 98 ] replacement, should be done because of damage caused by the fall in 1996 or whether it's because of arthritis that's 3 been in the knee for sometime or some other condition or 4 some combination of those conditions? O r A. It's -- I would say it's because of the 6 damage from the fall. I don't really have much problem 7 from the arthritis. I don't really feel anything from ® 8 that. But from the fall, any time I'm on my leg for any 9 length of time, I have a lot of pain in my knee, 10 radiating -- and lower leg. O 11 Q. And I understand you assume that's wh}, it is. 12 But did Dr. Sicuranza specifically tell you it's because 13 of the fall in '96? 14 A. No. That's -- no, 1. wouldn't: say that. 15 Q. Did Dr. Si.curanza say anything about the 1.6 9nkle, what lie would recommend about: that. 17 A. At this point lie said let's try some physica 18 therapy and maybe some orthopedic -- orthopedic device of 19 some type to see if it just helps to relieve the.pain. 20 Q, Did lie describe the orthopedic device'? 21 A. it's some kind of a lift in my shoe. Le 22 Q. urthc>tics. did her use that team? 23 A. ] don't: rcrall. 24 Q. Some i;;:;ca t in ta'"e shoe? 25 A. Yt-aft. ?,=nr,.il T`?nn:?ylv.yna,, Cr,urt !o)'+?utir?a ;crv9<,es 'i77 .",t3 rn'O of eWo P(vi- 657 of -1 ?i 'r• 1 n 2 3 9 6 7 rw 8 9 10 11 12 13 19 15 16 1.7 18 1.9 2C 21 22 2" ?4 2! 99 Q. So lie's not recommending the surgery to separate the bones that Dr. Nachti.gal.l talked about? A. We talked about it.. But he said let-'s try this first. Q. Have you started using the insert in the sh yet? A. No. Q. Are you planning to do that? A. I haven't seen anybody yet to do that. I have an appointment this afternoon to seethe physical therapist. Q. Which physical therapist have you gone to, which office? A. It's at Dr. Sicuranza's. Q. It's in his office? A. Yes. Q. What is his first name, by the way, do you know, Dr. Sicuranza's? MRS. HEVNER: Michael. BY MR. HOFFMAN: Q. Do you ;,,now where he's located, his office? MRS. HEVNER: It's Pleasant Valley Road. MR. HOFFMAN: Here in York? MRS. HEVNER: Yes. BY MR. HOFFMAN: C, 'I) t. 1'a1 1',?nn ^11111.311 i.? ('0111 t 11'111Gt tiny `iPt 71'1- tit3-.3657 or FJ00-863-36`;7 or f,3:atmq,^r @.Jol.com n M r^? °r 1 2 3 4 5 6 7 8 a 1C 11 1L le I' 7.. 2 2 ?. 2 l 100 Q. As far as the total knee replacement he's recommended, have you made a decision on whether to undergo that? A. No, I haven't. Q. You're still weighing whether to do it or not? A. Sort of. I'm still weighing it. Q. What are the factors you're considering? A. The time off from work for one. Q. Did lie tell you how long it would take to be off- work? A. Not exactly, but I -- at this time I can't. afford time off from work. Q. Did he tell. you what- the costs. would be of something like that? A. No, 1 didn't discuss that. Q. Do you,know if your insurance coverage that i you have at Hanover Hospital would cover it? A. 1 don't know that. Q. You haven't taken it that far to explore it? 1. A. No. Being new to the full-time position, Z I've been a little reluctant to go discussing time off 3 already, 4 °Q. 1 saw something in your medical records about 5 a -- complaining of. Lower extremity numbness, numbness in coinrj.jl It'nnsylv.ania Court Reporting Service" "7; "•,i 46!;1 of ' q?rr:•@ra ?yl. _ ;t0ii-r7L3-ai`?_?I ar fasC coin ln h 0 ill (.l ' .) 110 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 I? 1C li IE I? 2( 2: 2: 2: 101 your legs or your feet. A. That was due to that -- well, when was this? That would have probably been my diabetes. If it's a recent Q. February of '99. A. Yeah, that's my diabetes. I was referring to some numbness in my toes. Q. Was that in both feet, right and left'? A. Yes. Q. And did you have tests done? A. Yes. Q. What were the tests, do you know'? A. Neuromyopathy. Q. Do you know what the results of that was. MRS. HEVNER: It was negative. THE DEPONENT: It wasn't negative. It was positive. MRS. HEVNER: It was negative. THE DEPONENT: Positive. BY MR. HOFFMAN: Which doctor did those tests? A. I don't know his name. It was done at Momori"l osteopathic Hospital. Q. , Do you know the name of the doctor there who. did the to st inq on you? <<wrial Awn::alvania. Cou7t Rliortina :Agvi-nm 07 ttl(;1 M- 07 oT Y3^21 nq '7 R(.i.lO7..,"0711 n ('1 fy (a 0 1 i 4 c E 7 8 9 10 11 12 13 14 15 16 1'] 18 19 20 21. 22 23 24 25 102 A. I can't remember. I'm sorry, I don't recall. Q. Did any doctor come tip with a diagnosis that was causing -- or problem that was causing the dumbness? A. The diabetes. This is a side effect of diabetes. Q. Who treats you for your diabetes? Is that Dr. Palmer? A. Dr. Palmer. Q. What is your treatment? Are you on insulin? A. I'm on Glucophage. Q. Is that an oral insulin? A. I don't know if it's an oral. insulin. Q. Is it something you take orally? A. I take it orally, right. Q. Have you continued to have symptoms of numbness in your toes? A. Yes. Q. Do you have it presently? A. Yes. Q. When you say your toes, does it affect anything other than your toes, your foot, your ankle, your leg? A. No. Q. It's just your to(?s? A. Yes. ??ur1a.7 limn:;yl v1I)ia Coutt 14-1101't . inq '%Y I '.Sti-;, t,.'i nr BCIUt,G3-3t,y7 or ! i tL?4.?i.,(?nJ.cam Q' C; r Ne 1? it E? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 "4 2b 103 i Q. All ten of your toes? A. I guess it is. Q. Is it,complete numbness or a tingle? A. No, it-'s like a tingling, numbness type thing. And I think the condition is called neuromyopathy, got the test. Q. Mr. Hevner, other than being off work for hat you said was probably a couple days right after the fall and then being on liqht duty for a period of time, and you weren't sure exactly how long after the fall, have there been any other restrictions on your work or time you had to be off of work because of the injuries you had in the fall in 1996 from any time from then up until the present? A. Just during the time I was being treated by Dr. Palmer., when I. 'was technically not employed. And I wasn't really supposed to be going back to work even when I went back to work for the agency, but I was at the point of. we were ready to lose our home because of not having any income and I had to make that decision at that time. Q. And that's when you went back to work in December of 197 for the agency? A. That is correct. Q. And since you did that in December of 197 up until now, it's almost two years later, you have been able ntr,e] f`rnn;ylv.5nia Court Reporting Services 7]7-53-;iG;,7 ors 800.863-3657 or f3stfngers P.aoL COm n n 0 1• 4',r 1.+ t? 1 2 3 4 5 6 7 8 9 10 1.1 12 13 1.9 15 1.6 17 18 1.9 20 2.1 22 23 24 25 E, 104 to work full-time? A. That's correct. Q. Am I correct in saying you haven't missed any time during that almost two-year period because of problems associated with your right knee or right ankle? A. That's correct. I work -- I always have pain in my leg, but I work with it. Q. Do you take any medication for that pain in your leg? A. No. Q. Anything over the counter A. No. Q. -- for the pain in your leg? A. I just take aspirin for my heart. I have Ibuprofen that was prescribed for lire, but I don't take it. I don't: like taking anything now because of what happened as far as being terminated. So I try to avoid any medication. C?• Does the pain in your ankle and your knee, does that affect the knee in activities other than work? A. Yes. Q. Can you tell me what effect. it has had on which activities? A, Where do you want me to beqin? I don't do any lawn mowing anymore, any yard work, My wife does <<Wtt.» A wn:sj•I t,:r:is Cour7 Apo: tang Services 117 .1t?-.WQJ of Ro)-t'n_9-.3rA7 qr 1.?^Llnvcl°!^a dl`. com i ?w w NI ,a . 105 1 2 3 4 5 6 7 Q 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. I can't do anything that involves walking up or down grades in any extent. I cannot golf:. Golf was one of my favorite things to do. I no longer golf because I can't take the hills and walking on any grade -- any uneven surfaces. Dancing with my wife. What can I -- there is just, it's so many things. Lifting anything really too heavy can sometimes cause excruciating pain too, so I avoid lifting anything. I hate to say that, but she does most of the lifting in the family. Can I sort of ask her? I mean, I probably can't think of all the things. If you're getting into sports, skiing, of course skiing is out. Any sport is out. I can't run, because running is out. Even walking any distances causes pain, so I have to resit, take frequent rests. I used to walk a lot for trying to get my weight down, but I can't do that anymore. MRS. HEVNER: We went hiking last week. THE DEPONENT: Hiking, yeah. We went with a group of people, but I couldn't hike because I can't walk on the uneven surfaces. So anything like that has really been limited. So, sports are out. Primarily any kind of sport is out unless it involves sitting down. That's pretty much limited to what I can do. I can walk on flat surfaces; that's why I can handle work. I don't take any Con[rs7 Penn.-y]vania colut Ropor-Cinq 'nc?; v.ic 777056-3657 or 800-863-1657 of 1.astfnq?°rsf?ae?l.ca?c, { N ri ih E VJ f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 2r 106 stairs at work. I ride the elevator all the time going between floors. So, I avoid any kind of uneven surfaces. Stairs cause me a lot of discomfort. So I take those only when I positively have to. The doctor explained to me why that is, something to do with this kind of flexion because of the fuses -- the two bones being fused together, it causes pressure in the ankle area because, they're not made to -- t.hcy're made to have that pivoting and that give. And since it's not there, it causes me a lot of discomfort and pain. BY MR. H0f?FMAN: Q. Any other activities that the knee or ankle have affected other than what you've already told me? A. Not that. 1 can't do. I drive and sometimes I get discomfort. I always have a certain amount of pain, but I get it more if I'm driving for a distance because of having to push on your gas pedal and your brake, you know, so I get discomfort from that. Q. Flexing the ankle to use the accelerator and the brake? A. Right. I still drive. I have to. I don't have any choice there. I can't think. There's probably many other things that I just am not, you know, thinking of at this precise moment. But it has really changed my COWZ el P0nnrY1V WJ Court Reporting Services 717-258-3657 or Ni O 803-307 or 1asC7?ngars@aol.rom 107 0 0 0 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 37 18 19 20 21 7' 2 24 .)' whole lifestyle. Dancing. Like I said, I can't even go dancing with my wife because I can't do that. kind of movement and motion that you got to make. I can slow dance, but I can't do anything else. Then even the slow dance, it's got to be one -- a type of dance that I can handle. Just sort of easy steps, nothing fancy. Q. You mentioned golf, can you tell me when the last time you were able to play golf is? A. Yes, I tried playing golf once in August of 1998. In 1998 1 tried to play golf when we were up at Cape Cod with my brothers. I spent two days in 3 excruciating pain because of it. I couldn't even finish. That was my -- the last time I played golf. I just tried it. They talked me into it and it was a mistake. G C?. When you walk, do you walk with any kind of a 7 ] imp'? 8 A. Yeah. I start out walking with less of a 9 limp if ]'m rested. But the longer I'm on my leg, the 0 more pronounced my H mp gets. Usually by the end of the 1. night. (d i shift, I'm limping quite noticeably. It gets 7 worse the more I'm on my leg. 3 t). Since the period of time right after the fall ill furcoxnbi?l of ".4(r, h'ive you ever had to use a cane or cru'.. chi:: a<l;i#n? Kmli.a] 1'a"ny]v.anI4 (onit R(portinq.oyAcer 27 /ON 647 ," ,,ou.spi 1167 ol la:?fluq :'t".?r?l. a•an -11 rl1 F1 1> t' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 A. I honestly am not sure. I may have used a cane for a while occasionally, but not., crutches. Q. So, the crutches you were using for probably a few weeks, you say, after the fall? A. Yes. Q. And then occasionally a cane? A. Yes, in fact, I worked with a cane for quite a while, for a while. Q. In the past year, have you had to use a cane I ever? A. No, no. Q. Mr. lievner, what's your current weight? A. 272 pounds. 4.- And so you've lost some -- A. That's correct. Q. -- from where you were. Is that a deliberate effort? A. That's correct. Q. Has any doctor advised you that it would be a good idea generally for your health or, more specifically, for your ankle or knee to lose weight? A. Well, I've been advised by my physicians over the years to lose weight. But, not specifically by the orthopedic surgeons or even my family physician pertaining to that. It's more my own decision, you know, that the c. -.. ntr.1j V017ne1, 1 vania rburr. R"I10rring .'OrVic0:7 71 ":N-365 7 or .4007 Hv'i- [i57 o:-1 asrfn?r.'r Pa??l.cnm C) fti. a c 1C d 1] li ® 1: 14 15 ® 16 17 18 +11 19 20 21 22 7.3 • 7.4 25 0 109 less weight I have on it, you know, perhaps the less it's going to hurt. s Q. Are you on a specific plan or diet or I approach prescribed by anyone? A. It's pretty much my own plan. Part of it is trying to control my blood sugar, so I'm trying to eat correctly. Q. You brought this lawsuit against Blue Ridge Haven West and my question is: In your own words, in what way do you feel Blue Ridge was negligent and 'was responsible for the fall? A. In my own words. All I can think. of is just because of the ice that was left -- that was on the ground at the time. At the time when I was -- I can't say I specifically came in and said I want to sue Blue Ridge Havcn West, let's put it that way. I came in because I had problems with my leg due to the fall, and this was one of the things that was pursued by my attorneys. I didn't come in and say I want to sue Blue Ridge Haven West, no. Q. I: understand. But is there some way in which you feel they were negligent or careless in causing the fall? A. 1`m not certain. That I'm not certain of. I mean, there's ice there, but I don't know if that's IleCesSa1'i Iy an issue. I mean, a negligence issue.. I 7-71;R-.366 ., , or 800-S63-3 657 or L.a reefnq,tr=?,@ao2..^-om ?r.. Y 1 'r i n 6 ti (a fi l.+ U t, C t 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 110 don't know. I'm not -- that wasn't something that I at the time was even thinking about. This is something that the attorneys have thought about. Q. Do you, as the only person who appears to have witnessed what happened, who was there at the scene, is there anything you think A. Let's just put it this way. Q. -- Blue Ridge did wrong or should have done differently? A. Let's put it this way. I don't think I would have fell if there wasn't_ ice there. I'm not one that goes around falling, you know. I think I'm fairly coordinated. So, that's the only reason I fell. If there is anything there, it is because there was ice there and that was the issue. But I don't know. I. don't know if it's something they could have done or not:: Q. Other than seeing Dr. Sicuranza now, is there any other doctor you're planning to see or currently under treatment with for problems that you attribute to the fall in '96? A. No. MR. HOFFMAN: Those are all the questions I have. u-nir.]I 10111rr3'1 vania Court R,=port:ing Services VITZ080657 01 d('ai)-BG3-."657 or 3a?,tlna??rs(o.?a3.c?m @ @ @ @ @ 1( 1< 1. 1! 1` lE 17 18 15 20 21 22 2.3 24 2.5 ?1] 1I BY MR. HOFFMAN: ? Q. Mrs. flevner, you've been sitting here 3 throughout your husband's deposition. And I'll just ask 9 you if you can follow the same instructions that I gave i him at the beginning, to wait to give an answer until I finish my whole question. And let me know if you don't 7 understand my question, you want me to rephrase it or repeat it. I'll be glad to do so. Okay? A. Okay. Q. And that you have to give a verbal response to it. A. Okay. Q. If you can just tell me basically about your educational background and where you work right now. A. I work for the United States Postal Servi.ce. I'm arural letter carrier. I have went- to one year of college. Q. Where was that at? A. Brandywine Junior College. Q. Did you graduate from the same high school as your husband? A. Yes. Q• Do you work full-time for the postal service? A. Yes, I do. Q. For how Iong have you worked with them? ... .••. 1 14 11 Ju 101211 faPnr{rA4 vjoer 717 'Sd- 7( ,7 or 8t7U '(, J- n57 ??r I ^tln,,a,=r c01 ;a i ` r? 112 r, i1 r''r i r 1 2 3 9 5 6 7 8 9 10 11. 12 13 19 15 16 17 18 19 2C 21 2i 24 2E A. 19 years. Q. Were you at any of the visits with Dr. Nachtigall that your husband had? A. Yes, because I was being seen by Dr. Nachtigall also. Q. Did you go in when the treatment took place and your husband spoke with Dr. Nachtigall, or did you, wait outside in the waiting room? A. I don't know about the first time. I guess I was in. I guess they put us both in the same room. MR. HEV14ER: You were in. BY MR. HOFFMAN: Q. Is there anything that you recall about those visits or about what Dr. Nachtigall advised that was different than what your husband recalled? A. Other than the fact that he didn't want him to wort: and he requested to go back -- to release him so he could try to find another job. That would be the only thing. Q. Otherwise your husband's recollections match your own as far as the vis?.ts,wi.t.h Dr.. Nachtigall? A. I would say pretty much, yeah. Q. Did you go in to see Dr. Sicuranza with your hu:>band? A. Yes. Colitral Pomisy] v.3r:ia Court Repr.r t it:g'7ervio?.7 '71T.1')f-36}7 or ii00,JG3-36b7 Or Ijr?1ngfol^P.3oI.Com La 1 tr' 1. L 113 1 2 3 4 5 6 7 8 9 10 11 l2_ 13 lA 15 16 17 ]. 8 19 2C 11 2c 2--- 24 Q. And a similar question to that. Do you recall anything different or more than your husband recollected about Dr. Sicuranza's recommendations or findings? A. No. Q. Did your husband ever tell you how the fall occurred? A. Yeah. Q. And does what he testified to today match what he told you initially? A. Yes. 0. You don't recall any other: details about the fall that he didn't recollect this morning? A. Well, I was at work the day they called me and told me that l would have to come up and get him because he couldn't drive. Our daughter was home from college. She called me and came to get me and we went up. That's pretty much it. lie slipped and fell on the ice. Q. You're a party to this lawsuit. You're claiming damages in your own right. If you could tell me in what way your relationship with your husband has been affected by the injuries and the fall. A. Wel], companionship. Ile can't go hiking or skiing or play tennis or -- pretty much not anything really anymore. We can't have any type of recreational, CanfraJ 1'?°nnry.lv.?nis Court Rop,-,rrllny :,(•rvices 71'7 ._58 3057 or tW-8(,3-3657 or ta..11n.jorri1s07.com Q? Q? 1+ C, C. C> 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 1C 17 M is 2( 21 2E 2_: 2_' 2: 119 other than we can go on a picnic and sit there. I have to do all, the yard work, the snow removal. It's all my job. I take the garbage cans out and bring them back in. He used to do all that, but I do it now. . Q. Does your husband do any chores around the house? A. lie might stand in the living room and run the vacuum. Pretty much, that would be about it. Q.' Is there anything else you can tell me about how the inj uries in the fall affected your husband's activities that may be different or more than what he recollected ? A. Well, he, like, just -- we just don't do anything an ymore. I mean, it isn't.-- any moving that's done, I do it, or the kids. He .isn't able, really, to do any of that anymore.' So, we do it. Q. How does your husband spend his spare time when he's n ot working? What kind of things does he do? A. lie's a couch potato. He watches TV. Q. Uses the remote control? A. Yeah, he's good at that. Q. Any other things, hobbies that he does?` A. Well, we play games, you know, at the table. Q. Board games? A. Dominoes, that kind of thing. In the summer, Con[r.11 1,0J)nsylvsili.a Court Repcuting "orvices (,. 717-258-3657 or 800-863-3057 or lost fngors@aol.Coiu 0M :' 115 40 E C. 1 2 3 4 c E E 1 1 1 1 i 1 7 his mother has a pool anc: we are in the pool. That would be about the only activity that he really does as far as recreation would be the swimming. Q. He commutes daily from York to Hanover? A. Four days a week. Q. lie drives on his own? A. Usually, yeah, usually. Occasionally I take him, but not often. MR. HOFFMAN: Those are all the questions I 1 have. Thank you. Thank you both very much for coming in. (Whereupon, at 12:46 p.m., the depositions ? were concluded.) 3 9 5 6 7 8. 9 0 ?2 >3 24 25 m • -1 i 1 1 l 1 1 1 1 2 2 2 1 1 r 1 . COMMONWEALTH OF PENNSYLVANIA ) 2. ) SS. 3 COUNTY OF CUMBERLAND ) 4 5 1, SUSAN O'HARA, R.P.R., a Court Reporter-Notary 6 Public authorized to administer oaths and take depositions 7 in the trial of causes, and having an office in Carlisle, 8 Pennsylvania, do hereby certify that the foregoing is the 9 testimony of TERENCE HEVNER & FAYE HEVNER. 0 1 further certify that before the taking of said 1 deposition the witness was duly sworn; that the questions 2 and answers were taken down in stenotype by the said 3 Reporter-Notary, approved and agreed to, and afterwards I reduced to computer printout under the direction of said 5 Reporter. 6 I further certify that the proceedings and 7 evidence are contained fully and accurately in the notes 3 taken by me on the wi{hin deposition, and that this copy 3 is a correct transcript of the same. J In testimony wheveof, I have herount:o subscribed I my hand thi:.; 7th day of December, 1999. 3 Notary Public 7 My C,;nunission Expirr:; Febraj3ry 15, 2001. ?.<vie r.?t a?nns}•7 r.in i.? Court Rcpartingl S,'rVJ LC•S %11- f,ti-e(57 car ;bf1-l?G 3-3GSI of f ast 1190I'Ga PrYO I. COm i. I i .. .. . ..? ...: .?........, rn.,.,.. rtw :. f.,.. NMI. CERTIFICA'T'E OF SERVICE A* AND NOW, diis 21st day of December 2000, 1, Pamela L. Russell, a secretary in the law offices of DUANE, MORRIS & HECKSCI-IER LLP, hereby certify that I, this day, serveda true and correct copy of the foregoing Motion for Summary Judgment of Defendants Blue Ridge Haven West, Inc., West Shore Health Rehab Center, Beverly Health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., by U.S. First Class Mail to the addresses of the attorneys or parties of record as follows: Leah B. Graff, Esquire a+ Law Offices of Dale E. Anstine, P.C. Two West Market Street Post Office Box 952 York, PA 17405 Counsel for Plaintiffs a P.M Ih 4 <'1 CA s1: 3 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. HEVNER and NO.: 98-6915 FAYE J. HEVNER Plaintiffs V. CIVIL ACTION - LAW BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, i BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF i PENNSYLVANIA, INC., JURY TRIAL DEMANDED I Defendant i PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 1. Admitted. 2. Admitted. 3. Admitted. fI 4. Admitted 5. Admitted. i 6. Admitted. II 7. Denied as stated. It is admitted that Plaintiff claims to have fallen it approximately 60 feet prior to reaching the entrance of Blue Ridge Haven. Plaintiff testified that he slipped and fell on ice in the parking lot. It is admitted that Plaintiff is r unaware of any witnesses to the fall 11 8. Admitted. 11 9. Denied. The allegations contained in Paragraph 9 are conclusions of law 11 to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 10. Denied. The allegations contained in Paragraph 10 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 11. Denied. The allegations contained in Paragraph 11 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 12. Denied. The allegations contained in Paragraph 12 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 1 13. Denied. The allegations contained in Paragraph 13 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. Moreover, in order for a Defendant to avail itself of the doctrine of hills and ridges, it must be established that generally slippery conditions existed in the geographical area at the time of the accident. Bacsick v. Barnes, 234 Pa. Super. 616, 341 A.2d 157 (1975). 14, Denied. The allegations contained in Paragraph 14 are conclusions of n ?." K. r. C. 11 i law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, I are therefore denied, and strict proof thereof is demanded at trial, if relevant, Moreover, n order for a Defendant to avail itself of the doctrine of hills and ridges, it must be established that generally slippery conditions existed in the geographical area at the time of the accident. Bacsick v. Barnes, 234 Pa. Super. 616, 341 A.2d 157 (1975). 15. Denied. The allegations contained in Paragraph 15 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. Moreover, in order for a Defendant to avail itself of the doctrine of hills and ridges, it must be established that generally slippery conditions existed in the geographical area at the time of the accident. Bacsick v. Barnes, 234 Pa. Super. 616, 341 A.2d 157 (1975). 16. Denied. The allegations contained in Paragraph 16 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. Moreover, in order for a Defendant to avail itself of the doctrine of hills and ridges, it must be established that generally slippery conditions existed in the geographical area at the time of the accident. Bacsick v. Barnes, 234 Pa. Super. 616, 341 A.2d 157 (1975). 17. Denied. It is specifically. denied . that generally slippery conditions prevailed at the time of Plaintiffs accident. The opposite is true. 18. The documents attached as Exhibit "A" to Defendants' motion are written II documents which speak for themselves. Owls N.•.\+rr?n u. V. tl. 3 19. The documents attached as Exhibit "A" to Defendants' motion are written documents which speak for themselves. 20. The documents attached as Exhibit "A" to Defendants' motion are written documents which speak for themselves. Moreover, Plaintiffs submit that the documentation attached to Defendants' motion for summary judgment does not establish that generally slippery conditions prevailed at the time of Plaintiffs accident. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. By way of further answer, Plaintiffs submit that because generally slippery conditions did not prevail in the community at the time of Plaintiffs fall, the doctrine of hills and ridges is inapplicable to Plaintiffs' cause of action. 25. Admitted. 26. Admitted. 27. Admitted. 28. Admitted in part. It is denied that Plaintiff testified he was familiar with the area he fell on to the extent that Plaintiff testified that he fell on ice. 29. Denied. The allegations contained in Paragraph 29 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, Ii are therefore denied, and strict proof thereof is demanded at trial, if relevant. Moreover, I 4 Plaintiffs submit that the doctrine of hills and ridges is inapplicable to Plaintiffs' cause of action. 30. Denied. The allegations contained in Paragraph 30 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. Moreover, Plaintiff submits that the doctrine of hills and ridges is inapplicable to Plaintiffs' cause of action. 31. Denied. If the Court finds that the hills and ridges doctrine is inapplicable, Plaintiffs have made out a prima facie case of negligence on the part of the Defendants. I 32. Denied. The evidence of record establishes a prima facie of I negligence on the part of the Defendants. 33. Admitted, 34. Denied. The allegations contained in Paragraph 34 are conclusions of I law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, II are therefore denied, and strict proof thereof is demanded at trial, if relevant. 35. Denied. The allegations contained in Paragraph 35 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 36. Denied. The allegations contained in Paragraph 36 are conclusions of 1'... Y ?AYT(KK, (, (;, II law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, 1{u jj are therefore denied, and strict proof thereof is demanded at trial, if relevant. II 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. HEVNER and NO.: 98.6915 FAYE J. HEVNER Plaintiffs V CIVIL ACTION - LAW BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF JURY TRIAL DEMANDED PENNSYLVANIA, INC., Defendant CERTIFICATE OF SERVICE f , AND NOW, this , 4 day of January, 2001, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of Plaintiffs' Response to Defendants' Motion for Summary Judgment by first class United States mail, postage pre-paid, addressed to the party or attorney of i record as follows: ?I Arthur K. Hoffman, Esquire Duane, Morris & Heckscher LLP 305 N. Front Street P.O. Box 1003 Harrisburg, PA 17108 RESPECTFULLY SUBMITTED: LAW OFFICE OF DALE E. ANSTINE, P.C. L Leah B. Gra>i Esquire ?.??_ • - -f ?.... ,?, ...?:\ :.r •.. 1 .,v.?:.a..: ,.. .v ?..P?a«.W'u>WW?WMIIS \ ' 1 . . n 1. I G C? I' ' .4 fil r 7 Y 'fY u ,TRH u - 1'ERIiNCli ti. HI?VNI?K and IN 'rl IN. ('01 1RTOFCOMMON PLEAS OF FAYE J. I II-VNER, CUMBERLAND COUNTY, PI NNSYI.VANIA PlaintilTs 95-0915 CIVIL vs. 13L1J1's RIDGE; HAVEN WEST. INC., WEST SI IORE I IEAL I'! I REHAB CENTER, 131:VI RLY CIVIL ACTION - LAW III:ALTII AND REHABILITATION: INC., BE-WRLY ENTERPRISES INC., and BEVERLY ENTERPRISES OF PA. INC. JUR)''IRIAL DEMANDED IN IZE: DEFENDANT'S MOTION FOR SUN//MART JUDGMENT RI:FORE RAYLEY AND I LESS. JJ. ORDER AND NOW. this !o' day of March, 2001, it appearing that there are genuine issues of material tact including, inter alia, the existence of generally slippery conditions, the motion of the defendants for summary judgment is DENIED. 13Y TI113 COUJU Leah B. Graf. F -squire For the I'lainliffs Arthur K. I lof fman. !squire For the Defendants Arn t TERENCE S. HEVNER and FAYE J. HEVNI?R, Plaintiffs, v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6915 BLUE RIDGE HAVEN WEST, INC., WI.-ST SHORI: HEALTH REHAB CENTER, BhVERLY I II'sAL'1'1 I AND REIIAB1LITATION, INC„ BEVI's1t1.5' IiN'l'IiRPR1SES, INC., and 01-WERLY ENTERPRISES OF " MiNNSYL.VANIA, INC., CIVIL ACTION - LAW Defendants. JURY TRIAL. DEMANDED ORDER AND NOW this day of , 2000, upon consideration of the Motion for Summary Judgment of Defendants Blue Ridge Haven West, Inc., West Shore Health Rehab Center, Beverly Hcalth and Rehabilitation, Inc., Beverly Enterprises, Inc. and Beverly Enterprises of Pennsylvania, Inc. and the response thereto, it is HEREBY ORDERED that said Motion is GRAN ED and smnmaryjudgment shall be entered in favor of Defendant Blue Ridge Haven West, Inc., West Shore Health Rehab Center, Beverly Health and Rehabilitation, Inc., Beverly Enterprises, Inc. and Beverly Enterprises of Pennsylvania, Inc. It is further ORDERED that Plaintiffs' Complaint is dismissed with prejudice. BY THE COURT: J. AT. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within mattes for the next Arrlunent Cc?=t- ------------ ------------------- CAPTION OF CASE (entire caption must be stated in full) TERENCE S. HEVNER and FAYE J. HE`/NER, (plaintiff) Vs. BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, IN (Defendant) I: No. 6915 Civil Law 19 98 1. State matter to be argued (i.e., plaintiff's notion for new trial, defendant's dammTer to coaplaint, etc.)- Defendants' Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Leah B. Graff, Law Offices of Dale E. Anstine, P.C. Address: Two West Market Street Post Office Box 952 York, PA 1.7405 (b) for defendant: Arthur K. Hoffman/Mare A. !Ioyer, Duane, Morris & Heckscher LLP Address: 305 North Front Street, Suite 500 Harrisburg, PA 17101. 3. 1 will notify all parties in writing within tw days that this case has .(:n listed for argnrst. Ix- 4. Argumnt Court Rate: February 14, 2001 ?At torncy fnr?e en an Rfttx!: Dccenber 21, 2000 "r. CERTIIFICATE OFSERViC1, !f AND NOW, this 21 st day of Demmhe 2000.1. Pamela L. Russell, a secretary in the law offices of DUANE, MORRIS & I IECKSCHEII LLP, hereby certify that 1, this day, served a true „ and correct copy of the foregoing Praecipe for Listing Case for Argument by United States j? First Class Mail to the addresses of the attorneys or parties of record as follows: Malt B. Graff, Esquire Law Offices of Dale 1:. Anstine, P.C. Two West Market Street Post Office Box 952 York, PA 17405 Counsel for Plaintiffs ?; , - ,, :-. ?,. .? ,, ?.: ` ' ?,: _: _ _ ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. HEVNER and NO. 98-6915 FAYE J. HEVNER, Plaintiffs , V. BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, .BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants UL Y1L Al.1 SV1\ - Ln?I JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, come the Plaintiffs, Terence S. Hevner and Faye J. Hevner, by and through their attorney, Leah B. Graff, Esquire, and respectfully set forth the following Reply to New Matter of the Defendants. 21. No response required. 22-24. Denied. The allegations contained in Paragraphs 22 through 24 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 25. Denied. The allegations contained in Paragraph 25 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, ?c t ?a and strict proof thereof is demanded at trial, if relevant. Moreover, it is specifically denied that Plaintiff: (a) Failed to exercise reasonable care for his own safety by failing to keep alert and remain observant as to where he was walking; (b) Failed to exercise reasonable care for his own safety by failing to consider the alleged "hazardous and dangerous icy condition" of the parking lot; (c) Failed to exercise care for his own safety by venturing outdoors without maintaining a proper lookout; (d) Attempted to negotiate an allegedly ice-covered parking lot when he knew or should have known that the conditions were slippery; and (e) Failed to request the assistance of another in walking through the parking lot in its then existing condition when he knew or should have known that the conditions were slippery. (d) Was negligent or failed to exercise due care in such other manner as may be revealed during the course of discovery in this case. 26-35. Denied. The allegations contained in Paragraphs 26 through 35 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 36. Denied. 37. Denied. The allegations contained in Paragraph 37 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 2 i WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss the New Matter of the Defendant with prejudice, and to enter judgment in favor of the Plaintiffs on the pleadings in this case with costs and interest as allowed by law. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney I.D. #29176 Two West Market Street P.O Box 952 York, Pennsylvania 17405 (717) 846 - 0606 1{.A..,.„??, r. a 3 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing REPLY TO NEW MATTER is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4404, relating to unswom falsification to authorities. TERENCE S. IIEVNER Date: -' 3 ?' y 9 Date: '? Jv/Y - PAYE,. II, VNER i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. HEVNER and NO. 98-6915 FAYE J. HEVNER, , Plaintiffs V. : CIVIL ACTION - LAW BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE IX ".14 4 AND NOW, this 2A day of -, 1999, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. 2nstine, P.C., hereby certify that I have, this date, served a copy of the within apd foregoing Reply to New Matter by first class United States Mail, postage pre-paid, addressed to the parry or attorney of record as follows: I Arthur K. Hoffman, Esquire Douglas M. Wolfberg, Esquire DUANE, MORRIS & HECKSCHER LLP 305 North Front Street, 5th Floor Harrisburg, PA 17101 vim.-ct,.-r l (J Leah B. Graff, Esqu Attomcy for Plaintiff t ? h ? .,?V? i _ .1 :rte . ?: MT' F NrT' 4. ? ?. .1?? ?? 3 „_. l3? ?.,- L: ?_ ! ` ?J TERENCE S. I IEVNER and : IN TI-IF COURTOF COMMON PLEAS OF ' ]-AYE J. I IEVNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff's V. NO. 98-6915 BLUE RIDGE ITAVEN WEST, INC., WEST SI IORE 1IEALTI I REI-IA13 CENTER, BEVERLY HEALTII AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., CIVIL ACTION-LAW Defendants : JURY TRIAL, DEMANDED IN RE: PLAINTIFFS' PRELIMINARY OBJECTIONS TO DF.FrNDANTS' ANSWER WITH NEW MATTER BEFORI? BAYLEY AND HI?SS, JJ. ORDER AND NOW, this ''day of July. 1999, the plaintiffs' preliminary objections to defendants' answer with new matter are OVERRULED. 13Y THE COURT, i Keyin A.1 less, .I: Arthur K Iioffman, Esquire / Douglas M. Wolfberg, I-squire Attomeys for Defendants C , S ?.? Leah B.Graff, Esquire Attorney for Plaintiffs _0 5 TERENCE S. IEEVNER and FAYEJ.HEVNER, .Plaintiffs IN TI113 COI, IRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-6915 BLUE RIDGE HAVEN WEST, INC., WEST SHORE I IEALTH REHAB CENTER, BEVERLY HEAL TII AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., CIVIL ACTION-LAW Defendants JURY TRIAL DEMANDED IN RE: PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANTS' ANSWER WITH NEW MATTER BEFORE BAYLEY AND HESS, J.I OPINION AND ORDER This action was instituted by the plaintiffs, Terrence S. Hevner and Faye J. Hevner, by the filing of a complaint on or about December 8, 1998. Plaintiffs alleged in their complaint that Mr. Hcvncr, as a business invitee, -fell on ice "which had accumulated on the parking lot" at the West Shore Health and Rehabilitation Center, owned and operated by Beverly Enterprises-Pennsylvania, Inc. Plaintiff alleged that the fall occurred on December 20, 1996. Defendants filed an answer and new matter to plaintiff`s complaint on January 29, 1999. Defendants' new matter asserted affimtative defenses of assumption of risk and contributory/comparative negligence. Plaintiffs on February 23, 1999 filed preliminary objections to defendants' Paragraph 25 (f), alleging that it was insufficiently specific to allow them to prepare a response. Paragraphs 25 (a)-(c) lay out five specific bases for defendants' assertion of the affirmative defense of contributory negligence and Paragraph 25 (1) stales: in such other manner as maybe revealed during the course of discovery in this case. ;aver since Connor v. Allegheny General I losnital, 501 1'a. 306. 461 A.2d 600 (1983), the courts have been increasingly called upon to determine whether pleadings comply with Pa.R.C.P. 1019 (a). The Connor court observed in a footnote, that the defendant could have moved to strike an averment in the complaint alleging it was negligent "in otherwise failing to use due care and caution under time circumstances" or at least to have sought a more specific pleading. Fitzgerald v. Kaguvutan, 18 Pa. D. & CA"' 1, 5 (1993). Case law in Pennsylvania is limited regarding situations where preliminary objections have been filed to general avernments raising affirmative defenses in new matter. Ilowever, in Gotwalt v. York Hospital, 102 York L.R. 151 (1988), the Ilonorable Richard 1I.1lor denied motions to strike or for more specific pleading because 1) of the disparity in tine available to plaintiffs and defendants in preparing their initial pleadings, 2) Pa.R.C.P. 126 allows courts to liberally construe the pleading rules, and 3) plaintiff had ample opportunity to examine the hospital's pertinent medical records, so most facts are within the knowledge of both parties thereby making the defenses raised predictable. Fitzgerald v. Kaguvutan, 18Ila.1). & CA"' 1, 5-6 (1993). In a situation almost identical to the one at bar, Judge Michael A. Georgelis stated in Latshaw v. Valeriano, (11 (11: I believe that time discovery process is the appropriate way to uncover the viability of the affirmative defenses which have been pled by the defendants in their new matter. If that process produces evidence which supports one or more of 2 P those defenses, then the defendants may continue to pursue them. On the other hand, if that process fails to produce supporting evidence for one or more of the defenses, and, in the event the defendants refuse to abandon any such defense, recourse will be available to the plaintiff. For all of these reasons, I conclude that the Plaintiff's preliminary objections to the. defendant's new matter are not the appropriate way to attack the asserted affirmative defenses and must, consequently be overruled. Latshaw v. Valeriano, et al., No. CI-97-12452 (1998) (Lancaster C.P. 1998). The foregoing conclusions follow all the more logically given the amendments made in 1994 to the Rules of Civil Procedure, specifically Rule 1030, dealing with new matter, which provided that: (b) The affirmative defenses of assumption of the risk, comparative negligence, and contributory negligence need not be pleaded. In this case, the plaintiff would have us require the defendant to more specifically plead defenses,which need not have been pled at all. Such an argument is not logical. ORDER AND NOW, this 9 s day of July, 1999, the plaintiffs' preliminary objections to defendants' answer %vith new matter are OVERRULED. BY THE COURT, Kc irf A. I less, J. J ?I ? ? u ?y ??,. - ;. f a ; :; __ - - - - - - - ---------- I TERRENCE S. I IEVN1 R and PAYE .1. I IEVNER, IN TI IE COURT OF COMMON PLEAS Plaintiff's CUMBERLAND COUNTY PENNSYLVANIA 1'S. No. 98-GPJTr 4?9/S BLUE RIDGE MAVEN WEST, INC., WEST S) IORE RELIAB CENTER. Civil Action - Law BEVERLY 11EALTI l AND RI?HABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OI' PENNSYL.VANIA, INC., Defendants CERTIFICATE PREREQUISITE 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. Defendants Blue Ridge I laven West, Inc., \Vest Shore Rehab Center, Beverly health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., certify that: (a) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party prior to the date on which the subpoenas are sought to be served, (b) a copy of the notices of intent, including the proposed subpoenas, are attached to this certificate, (c) no obiection to the subpoenas has been received, and I (d) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Dug as N lol(N rg Attorney I ?No. 77959 DUANE. MORRIS & 1IGCKSCIII:R 1_I_P 305 North Front Street P.O. Box 1003 I larrisburg, PA 17108-1003 i (717) 237-5527 Attorneys for Defendants Dated: April 8, 1999 ¦ TERRENCE F; I II VNER and FAYE J. I IEVNER; Plaintiffs VS. IN *I'I IH COtjR,I' OI' COiv1MON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 98-6195 BLUE RIDGE I MEN WEST, INC., WEST SHORE REHAB CENTER, Civil Action - Land BEVERLY HEALTI I AND REHABILITATION, INC., BEIVFRLY ENTERPRISES, INC., and BE'VE'RLY ENTERPRISES OF PENNSYLVANIA, INC., i Defendants 1 NOTICE OF INTENT TO SERVE, SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERI' PURSUANT TO RULF. 4009.21 Defendants Blue Ridge Haven West, Inc.; West Shore Rehab Center, Beverly health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., intend to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Douglas M. ' lthcrg Attorney 1D No. 77959 DUANE, MORRIS & HECKSCHER LLP 305 North Front Street 11.0. Box 1003 Ilarrisburg, PA 17108-1003 (717) 237-5527 , Attorneys for Defendants Dated: March 16, 1999 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERRENCE S. IIEVNER and 17AYE J. 11EVNER VS. PI-ainti.ffs BLUE RIDGE HAVEN WEST.`, INC.> WEST SHORE REHAB CENTER, BEVERLY HEALTH AND RfiHABILI:TAT70N File No. INC., BEVERLY ENTERPRISES, INC., and BEVERLY' - ENTERPRISES OF PENNSYLVANIA INC., Defendants SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records, MRI-York Imaging (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following i documents or things: anv and all records relating to Terence Scott Hevner, DOB 3.0/16/40, SSN 208-38-3212 as more fully described on Exhibit.A attached hereto, at Duane, Morris & Heckscher LLP, 305 North Front Street, P.O. Box 1003, -fiarri s urg, PA 17108--1003 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Douglas M. STolfberg, Esq. Duane, Mo sr it & Heckscher LLP Address: P.O. Box 1003 Harrisburg, PA 17108-1003 Telephone: 717-237-5527 Supreme Court ID N 77959 Attorney For: Defendants _V__-?-?_- B Date: Seal of the Court 98-6915 (Elf. 7/97) EXHIBIT A Any and all records relating to Terrence Scott I levner, DOB 10/16/48, SSN 208-38-3212, including, but not limited to, office notes, correspondence, memoranda, summaries, reports, hospital records, if any, including but not limited to, admission reports, discharge summaries, progress notes, nurses notes, consultation reports, radiological films and reports, diagnostic test results, medication records, lab reports, reports of operations, pathology reports, graphic charts, emergency department records, and all other records whatsoever. i CERTIFICATE OF SI?RV1CE 1. Wanda L. 1-lol7in:m, a paralegal with the law firm of Duane, Morris & I Ieckscher LIT, hereby certify that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 was served upon the following individual at the address below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, on March 1999. Leah B. Graff, Esq. Law Offices of Dale E. Ansline, P.C. P.O. Box 95? York, PA 17405 Wanda L. Hoff TERRENCE, S. HEVNER and FAYE J. I IEVNER, Plaintiffs vs BLUE RIDGE HAVEN WEST, INC., WEST SHORE REIIA13 CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OP PENNSYLVANIA, INC., Defendants IN TTT13 COURTOF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 98-6195 Civil Action - Law NOTICE OF INTLNT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO BULL 4009.21 Defendants Blue Ridge Haven West, Inc., West Shore Rehab Center, Beverly health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., intend to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Douglas n1. olfbcrg Attorney ID No. 77959 DU.ANE, MORRIS & IIFCKSC1lER LL,P 305 North Front Street 11.0. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5527 Attorneys for Defendants Dated: March 16, 1999 77 i COMMONWEALTH OF PENNSYLVANir, COUNTY OF CUMBERLAND TERRENCE S. HEVNER and FAYE J. HiffsR VS. BLUE RIDGE HAVEN WEST, INC.; WEST SHORE REHAB CENTER, BEWERLY HEALTH AND REHABILITATION File No. 98-6915 INC., BEVERLY ENTERPRISES, INC., and BEVERLY; -! 'ENTERPRISES OF PENNSYLVANIA INC ants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records, Hugh Palmer, D.O. _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records relating to Terence Scott Heyner, DOB 10/16/48, SSN 208--38-3212, as more fully described on Exhibit A attached hereto, at Duane, Morris & Heckscher LLP, 305 North Front Street, P.O. Box 1003, arri.s urg, PAI?O (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, 'the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Douglas M. Wolfr berg,'Esq. Duane, Morris & Iieckscher LLP Address: P.O- Box 1003 Harrisburg, PA 17108-1003 Telephone: 717-237-5527 _ Supreme Court ID 4 77959 Attorney For _ Defendants Date: _- Seal of the Court BY THE COURT: EXI I1131T A Any and all records relating to Terrence Scott I levner, DOB 10/16/48, SSN 208-38-3212, including, but not limited to, office notes, correspondence, memoranda, summaries, reports, hospital records, if any, including but not limited to, admission reports, discharge summaries, progress notes, nurses notes, consultation reports, radiological films and reports, diagnostic test results, medication records, lab reports, reports of operations, pathology reports, graphic charts, emergency department records, and all other records whatsoever. CERTIFICATE OF SERVICE 1, Wanda L. I loffman, a paralegal with the law firm of Duane, Morris & Ileckscher LLP, hereby certify that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 was.served upon the following individual at the address below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, on March 6 > 1999. Leah B. Graff, Esq. Law Offices of Dale 1". Anstine, P.C. P.O. Box 952 York, PA 17405 wand• Ioffman TERRENCE S. I IEVNFIR and PAYE J. HEVNER, Plaintiffs VS. BLUE RIDGE HAVEN WEST, INC., WEST SHORE REHAB CENTER, BEVERLY IIEALT1I AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants IN 'fl IE COURT OF COMMON PLEAS CUMBEIRLAND COUN'T'Y PENNSYLVANIA No. 98-6195 Civil Action - Law NO'T'ICE OF INTENT TO SLRVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Blue Ridge Haven West, Inc., West Shore Rehab Center, Beverly health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., intend to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to, file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Douglas M. oltberg Attorney ID No. 77959 DUANE, MORRIS IIECKSCI iElt LLP 305 North Front Street P.O. Box 1003 Harrisburg, PA 17103-1003 (717) 237-5527 Attorneys for Defendants Dated: March 16, 1999 .y.. i Y , OMMONWEALTH OF PENNSYLVANI,. . t COUNTY OF CUMBERLAND i TERRENCE S. IIEVNEP, and FAYE J. IIEVNER Vs. Plaintiffs BLUE RIDGE HAVEN WEST, 'INC. y WEST SHORE REHAB.CENTER, BEVERLY HEALTH AND REHABILITATI.ON File No. INC., BEVERLY ENTERPRISES, INC., and BEVERLY' ENTERPRISES OF PENNSYLVANIA INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records, Dean Nachtigall, D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records relating to Terence Scott fievne , DOB 10/16/48, SSN 208--38-3212, as more fully described on Exhibit A attached hereto, at Duane, Morris & Heckscher LLP, 305 North Front Street, P.O. Box 1003, Harrisburg, PA 0 - 00 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Douglas M. Wolfberg, Esq. Duane, Morro & Iieckscher LLP Address: P.O. Box 1003 Harrisburg, PA 17108-1003 Telephone: 717--237-5527 Supreme Court ID 4 __ 77959 i _ Attorney For: Defendants Date: 3 - 11 I C C?<- Seat of the COtlrt^ 98-6915 (Eff. 7/97) BY THE COURT: EXHIBIT A Any and all records relating to Terrence Scott l levner, 1)013 10/16/48, SSN 208-38-3212, including, but not limited to, office notes, correspondence, memoranda, summaries, reports, hospital records, if any, including but not limited to, admission reports, discharge summaries, progress notes, nurses notes, consultation reports, radiological films and reports, diagnostic test results, medication records, lab reports, reports of operations, pathology reports, graphic charts, emergency department records, and all other records whatsoever. 1 CERTIFICATE OF SERVICE 1, Wanda L. I loffntan, a paralegal will, the law firm of Duane. Morris & I leckscher LLP, hereby certify that a true and correct copy of the foregoing NOTICE, OF INTENT TO SERVE SUBPOENA TO PRODUCT: DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 was served upon the following individual at the address below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, on March 1999. Leah B. Graff, Esq. Law Offices of Dale L. Anstine, P.C. P.O. Box 952 York, PA 17405 \1 do _.Iloffmail' TERRENcE. S. IiEVNL'•R and PAYE J. 1IEVNER, IN'fl IE COURT OI' COMMON PLEAS Plaintiffs CUMBERLAND COUNTY PENNSYLVANIA VS. No. 98-6195 BLUR RIDGE' HAVEN WEST, INC., WEST SHORE REHAB CENTER, Civil Action - Law BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISE'S OF PENNSYLVANIA, INC., Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Blue Ridge Haven West, Inc., West Shore Rehab Center, Beverly health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., intend to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no oNection is made the subpoena may be served. 1\ Douglas M. tWolfberg Attorney ID No. 77959 DUANE, MORRIS d IIECKSCHER LLP 305 North Front Street P.O. Box 1003 Harrisburg, l'A 17108-1003 (717) 237-5527 Attorneys for Defendants Dated: March 16.1999 qra .. . OMMONWEALTH OF PENNSYLVANIr. COUNTY OF-CUMBERLAND TERRENCE S. IIEVNER and FAYE J. IIEVNER VS. Plaintiffs BLUE RIDGE HAVEN WEST, INC.; WEST SHORE REHAB CENTER,. BEVERLY HEALTH AND REHABILITATS..ON File No. 98-6915 INC., BEVERLY ENTERPRISES, INC., and BEVERLY ' ENTERPRISES OF PENNSYLVANIA INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records relating t0 Terence Scott Hevner, DOB 10/18, SSN 208-38-3212, as more fully described on Exhibit A attached hereto, at Duane, Morris & Heckscher LLP, 305 North Front Street, P.O. Box 1003, i Harrisburg, PA =U -100 (Address) --' You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Douglas M. Wolfberg, Esq. Duane, Morris & Heckscher LLP Address: P-O. Box 1003 _ Harrisburg, PA 17108-1003 Telephone: 717-237-5527 Supreme Court ID tl !T_77959 Attorney For: __ Defendants _ Date: (?1c7 Seal of the Ccbrt BY T E COURT: l ProthonotarvJCl rk, Civil Divi (Eff. l;Xl IIB1T A Any and all records relating to Terrence Scott I Icvner, DOB 10/16/48, SSN 208-38-3212, including, but not limited to, office notes, correspondence, memoranda, summaries, reports, hospital records, if any, including but not limited to, admission reports, discharge summaries, progress notes, nurses notes, consultation reports, radiological films and reports, diagnostic test' a results, medication records, lab reports, reports of operations, pathology reports, graphic I charts, emergency department records, and all other records whatsoever. a t i a' CERTIFICATE OF SERVICE. 1, Wanda L. I loffman, a paralegal with the law firm of Duane, Morris &s I Icckscher LLP, hereby certify that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE. SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 was served upon the following individual at the address below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, on March 1999. Leah B. Graff Esq Law Offices of Dale E. Anstine, P.C. 11.0. Box 952 York, PA 17405 Wanda Boffin an " TERRENCE S. HEVNER and F AYE. J. HEVNER, Plaintiffs vS BLUE RIDGE MAVEN WENT, INC., WEST SHORE RL'I IAB CENTER, BEVERLY HEALTH AND RE11"ILITA'IION, INC.,131-VEIZLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 98-6195 Civil Action - Law NOTICE OF INTENT TO SERVE SUBPOENA TO PI20DUCF DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Blue Ridge Haven West, Inc., West Shore Rehab Center, Beverly health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., intend to serve a subpocoa identical to the one attached to this notice. You have twenty (20) days froth the dale listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. t \ Douglass wo eerg? Atlomey No. o. 77959 DUANE, MORRIS & I-IECKSCHER LLP 305 North Front Street P.O. Box 1003 I la risburg, PA 17108-1003 (717) 237-5527 Attorneys for Defendants Date& March 16, 1999 . OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERRENCE S. HEVNER and FAYE J. I1EVNER VS. Plaintiffs BLUE RIDGE HAVEN WEST, INC.y WEST S1fORE REHAB.CENTER, BEVERLY, HEALTH AND REHABILITATI..ON File No. INC., BEVERLY ENTERPRISES, INC., and BEVERLY • 'ENTERPRISES OF PENNSYLVANIA INC., Defendants SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 170; Custodian of Records, PMA Group _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records relating to Terence Scott Hevner, DOB 10/16/48, _SSN 208-38-321.2, as more fully described on Exhibit -A attached hereto, at Duane, Morris & Heckscher LLP, 305 North Front Street, P.O. Box 1003, Harrisburg, PA 17108-1003 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Douglas M. Wolfberg, Esq. - Duane, Morris & ifeckscher LLP Address: P.O. Box 1003 Harrisburg, PA 17108-1003 Telephone: 717-237-5527 Supreme Court ID ft 77959 Attomey For: Defendants BY THE COURT: Date: Seal of the Court 98-6915 Civil (Elf. claim filed by or on behalf of Terrence Scott 1-levner, D013 10/16/48, SSN 208-38-3212, pertaining to his injury claim of December 19 or December 20, 1998, including, but not limited to, correspondence, memoranda, notes, reports, summaries, medical records, agreements, and all other records whatsoever. CERTIFICATE 017 SERVI_CI' m 1, Wanda L. I loffman, a paralegal with the law firm of Duane, Morris &I leckscher LL', hereby certify that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 was served upon the following individual at the address below by depositing the same in the United Slates Mail, first class, postage prepaid, at Harrisburg, on March 1999. Leah B. Graff, Esq, Law Offices of Dale E. Anstine, P.C. P.O. Box 952 York, PA 17405 r? L :711 I IL 1?1 :/aFdl 1,1.7y1J!1'> r+ 111 .. r; `+r. 111 it 71.1' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be. typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court.. CAPTION OF CASE (entire caption must be stated in frill) TERENCE S. HEVNER and FAYE J. HEVNER, (Plaintiff) Vs. BLUE RIDGE HAVEN WEST, INC., WEST SHORE REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., (Defendant) 0 No. 98-6915 Civil 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's. demurrer to complaint, etc.): Plaintiffs' Preliminary Objections to Defendants' New Matter 2. Identify cx>=el who will argue case: (a) for plaintiff: Leah B. Graff, Esq. Address: Law Offices of Dale E. Anstine, P.C. P.O. Box 952 York, PA 17405 (b) for defendant: Douglas M. Wolfberg, Esc. Address: Duane, Morris & Heckscher. LLP P.O. Box 1003 Harrisburg, PA 17108-1003 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. ArguT"t Court Gate: May 26, 1999 Dated: March 31, 1999 Attorney for Defendants ?- ;- Ec,:: , 'r r- TERENCE S. HEVNER and IN THE COURT OF COHMON PLEAS FAYE J. EEVN=j OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 98-6915 BLUE RIDGE HAVEN REST, INC., CIVIL ACTION - LAW WEST SHORE HEALTH REHAB , CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3rd day of March, 1999, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the within and foregoing Plaintiffaf Responae To Defendants' Request For Production Of Documents and Plaintiffs' Answers To Defendants' First Set Of interrogatories by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: Arthur K. Hoffman, Esq. DUANE MORRIS & HECKSCHER, LLP 305 North Front Street P.O. Box 1003 Harrisburg, PA 17108-1003 Douglas M. Wolfberg, Esq. DUANE MORRIS & HECKSCHER, LLP 305 North Front Street P.O. Box 1003 Harrisburg, PA 17108-1003 RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. J Leah B. Graff, Esqu ,1•.,• Attorney T.D. 129176 2 West Market Street P. 0. Box 952 York, PA 17405 (717) 846-0606 Attorney for Plaintiff i ................... ... <.,.a_ _. ...., ... --..? f. ., _ ?. = . ??..i.? 1. ?-?? ` ,r _ ? (??. 0 (of f -Tce of E "S4'errf f Mare Jane Snyder Real Estate Iklxity William T. Tully Salicitur Dauphin Count} Ralph G. McAllister Chief Ikpmy Michael W. Rinehart Assistant Chief I)LputY Harrisburg. Pennsylvania 17101 ph:(717)255•2600 I•as:(717)255 2889 Jack LOtwick Sheriff Commonwealth of Pennsylvania HEVNER TERENCE S 6 FAYE J vs County of Dauphin BEVERLY ENTERPRISES OF PA. INC Sheriff's . Return No. 2513-T - - -1998 OTHER COUNTY NO. 98-6915 AND NOW: December 14, 1998 at 4:OOPM served the within COMPLAINT upon BEVERLY ENTERPRISES OF PA I14C by personally handing C/O CORPORATION SERVICE COMPANY to AMY ZEIGLER AT OFFICE 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 319 MARKET STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 17TH day of DECEMBER, 1998 j 7 ?y PROTHONOTARY So Answers, Sheriff of Da nin Co a. !3 y ,i D°,, ty SI1 Sheriff's Costs: $31.50 PD 12/14/1998 RCPT NO 118741 ET (011-Tce of the oS4,vri f f Man, Jane Snyder Read Estate Delutp Williarn T. Tulle Solicitor Dauphin County Ralph G. McAllister Chiel l)epuq' Michael W. Rinehart Assistant Citiet' IXlxnv Harrisburg. Pennsylvania 17101 ph: (717) 255-2& 0 (as: (717) 255 2889 Jick Lotwick Sheriff Commonwealth of Pennsylvania HEVNER TERENCE S & FAYE J vs County of Dauphin BEVERLY ENTERPRISES OF PA INC Sheriff's Return No. 2513-T - - -1998 OTHER COUNTY NO. 98-6915 AND NOW: December 14, 1996 at 4:OOPM served the within COMPLAINT upon BEVERLY HEALTH AND REHAB INC by personally handing C/O CORPORATION SERVICE COMPANY to AMY ZEIGLER l true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 319 MARKET STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 17TH day of DECEMBER, 1998 lr ?". PROTHONOTARY So Answers, ? e? ^heriff of Dauphin C?oiiriLy./,Pa. By D uty s .erii Sheriff's Costs- $31.50 FD 12/14/1998 RCPT NO 116747 ET In The court of Common Pleas of Cumberland County. Pennsylvania Terrence S. lievner, et. al. Vs Blue Ridge Haven West, Inc., et. al. Serve: Beverly Enterprises of I'A, l:nc., c/o Corporation Service Company No. 98-•6915 Civil 19 Now, 12/9/98 19 . 1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of -Dd h i n Counh to execute this Writ. this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Counn, Ila. Affidavit of Service Now, 19 ,at o'clock )1. sern'ed the upon at by banding to attested copy of the original the contents thereof. So aws ers. Sheriff of COSTS S%%orn and subscribed before SERVICE S me this day of 19__ 1111_E:\GF_ - ------ -? A F F I D %% ' IT a true and and made known to Counh. Pa. 111 11 11 N In The Court of Common Pleas of Cumberland CountPeiinsvh ania 'Terrence S. itevner, et. al. VS. Blue Ridge haven West, Inc., eL. al. Serve: Beverly licalth Rehab., Inc. No. .98-6915 Civil I9_ Now, 1 _ 19_.1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of Dauphin County to execute this Writ. this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland 6?unn, Pa. Affidavit of Service l9-. at o'clock M. served the Now, at by handing to attested copy of the original the contents thereof. So answers. Sherit7of S,sorn and subscribed before me this dos of 19-- COSTS SERVICE S VnL1:A ,H_i- AFFID %% IT a true and and made known to Count. Pa. ?., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. IIEVNER and FAYE J. HEVNER, Plaintiffs V. BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants : NO. 98-6915 : CIVIL ACTION - LAW JURY TRIAL DEMANDED pR LLIMINARY 0 ECTIONS TO DE TNNDANT'S NEW MATTER AND NOW, come the Plaintiffs, Terence S. Hevner and Faye J. Hevner, by and through their attorney, Leah B. Graff, Esquire, and respectfully request this Honorable Court to strike paragraph 25(f) of Defendant Beverly Enterprises' new matter and in support thereof avers the following: 1. Paragraph 25(f) of Defendant Beverly Enterprises' new matter alleges that the Plaintiff was negligent in the occurrence of the accident "in such other manner as may be revealed during the course of discovery in this case". 2. Pennsylvania is a fact pleading state. $,mjjb-y,-U1M, 283 Pa. Super. 116, 423 A.2d 743 (1980). .i it 0,' 3. pleadings should be sufficiently specific so as to enable an opposing party to prepare his or her response. Cojpmonvrealth v Jeannette, 9 Pa. Cmwlth. 306, 305 A.2d 774 (1973). 4. The material facts from which a defense is based must be stated in a pleading in a concise and summary form., Pa.R.C.P. 1019(a). 5. Where Defendant's answer and new matter pleads no material facts, but instead consists merely of a general denial, a conclusion of law, or immaterial assertions, the answer grossly violates the requirement of Rule 1019(a) and should be stricken as not being in conformity with the Pennsylvania Rules of Civil Procedure. Commonwealth v 7anella Tran5iiL Tnc53 Pa. Cmwlth. 359, 417 A.2d 860 (1980). WHEREFORE, Plaintiffs respectfully request this Honorable court to strike paragraph 25(f) of Defendant Beverly Enterprises' new matter for lack of conformity to Pa.R.C.P. 1019(a). RESPECTFULLY SUBMITTED: LAW OFFICFS OF DALE E. ANSTINE, P.C. 41./- Leah B. Graff, Esquire Attorney I.D. #29176 Two West Market Street P.O Box 952 York, Pennsylvania 17405 (717) 846 - 0606 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. HEVNER and FAYE J. IIEVNER, Plaintiffs V. BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants NO. 98-6915 CIVIL ACTION - LAW : JURY TRIAL DEMANDED MEMQRANDUM-QY-LAA I. UAMF_NT OF FACTS i Plaintiffs instituted this action by way of filing a complaint. Defendant Beverly Enterprises filed an answer and new matter which included in its new matter paragraph 25(f) alleging that Plaintiff was negligent "in such other manner as may be revealed during the course of discovery in this case". Plaintiffs have filed a preliminary objection alleging that this allegation fails to conform with the pleading requirements of Pa.R.C.P. 1019(a) and asked the Court to strike paragraph 25(f) of Defendant Beverly Enterprises' new matter. ti. ISS],)j? SHOULD PARAGRAPH 25(f) OF DEFENDANT BEVERLY ENTERPRISES' NEW MATTER BE STRICKEN OFF AS FAILING TO CONFORM WITH PA.R.C.P. 1019(a)? SUGGESTED ANSWER: YES. III. ARGUMENT A pleading should be sufficiently specific so as to enable an opposing party to prepare his or her response. Commonwealth v. Jeannette, 9 Pa. Cmwlth. 306, 305 A.2d 774 (1973). Here, Defendant Beverly Enterprises' allegation that the Plaintiff was negligent "in such other manner as may be revealed during the course of discovery in this case" is so vague, general and all inclusive that it utterly fails to comply with the pleading requirements of Pennsylvania Rule of Civil Procedure 1019(a). Therefore, Plaintiff respectfully requests this Court to strike off paragraph 25(f) of Defendant Beverly Enterprises' new matter. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney I.D. #29176 Two West Market Street P.O Box 952 York, Pennsylvania 17405 (717) 846 - 0606 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. HEVNER and FAYE J. HEVNER, Plaintiffs V. NO. 98-6915 CIVIL ACTION -LAW BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants JURY TRIAL DEMANDED CERJU ICATE OF SERVICE AND NOW, this , Z')day of 1999, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that 1 have, this date, served a copy of the within and foregoing documents by first class United States Mail, postage I pre-paid, addressed to the party or attorney of record as follows: Arthur K. Hoffman, Esquire Douglas M. Wolfberg, Esquire DUANE, MORRIS & HECKSCHE-R LLP 305 North Front Street, 5th Floor Harrisburg, PA 17101 Leah B. Graff, Esquire Attorney for Plaintiff r W 4 ? N m O H N x S Y u i Q c m > yy A TERL'NC13 S. I IIVNER and FAYE J. I IEVNER, Plaintiffs V. BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTII REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES 01' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6915 PENNSYLVANIA, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE, TO PLEAD Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street Post Office Box 952 York, PA 17405 Attorneys for Plaintiffs YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a.judgment may be entered against you. Arthur K. Hoffman I.D. #31782 Douglas M. Wolfberg I.U. #77959 DUANE., MORRIS ,& IIECKSCI IER LLP 305 North Front Street, 5th Floor I larrisburg, I'A 17101 (717) 237-5500 Attorneys fbr Defendant Dated: January 28. 1999 Beverly Enterprises - Pennsylvania, Inc. TERENCE S. HEVNI:R and FAYE J. IIEVNER, Plaintiffs V. BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTI I AND REL-? ABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 98-6915 CIVIL. ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTF,R OF DFFFNDANTS TO PLAINTIFFS' COMPI AINT AND NOW cone the Defendants' by and through their attorneys, Duane, Morris & Heckscher LLP, and respectfully submit their Answer and New Matter to Plaintiffs' Complaint as follows: 1. Defendants are without knowledge or infonuation sufficient to form a belief as to the truth of the averments contained in Paragraph 1 of Plaintiffs' Complaint. Accordingly, they are DENIED and strict proof thereof is required at time of trial 2. DENIED as .stated. It is ADMITTED that Beverly Enterprises - Pennsylvania, Inc., operates the nursing home currently known as West Shore Ilealth and Rehab Center at 770 PoplarChurch Road, Camp Hill, PA 17011. 'Defendant "Beverly Enterprises of Pennsylvania, Inc.," is more properly identified as "Beverly Enterprises - Pennsylvania, file." Plaintiffs have also named "Blue Ridge I laven West. Inc.," and "West Shore Health Rehab Center" and "Beverly Health and Rehabilitation. Inc.," as Defendants. Tine correct legal entity which is licensed to operate West Shore Iiealth and Rehab Center is Beverly Enterprises - Penns0vania. Inc., a subsidiary of Beverly Enterprises, Inc. 3. ADMITTED. By way of further answer, upon information and belief the incident complained of occurred on December 19, 1991. 4. DENIED as stated. West Shore Ilealth and Rehab Center, formerly known as Blue Ridge haven West, 770 Poplar Church Road, Camp Hill, PA 17011, is owned and operated by Beverly Enterprises - Pennsylvania, Inc., 5111 Rogers Avenue, Suite 40-A, Port Smith, AR 72919. 5. DENIED as stated. Beverly Enterprises - Pennsylvania, Inc., is a subsidiary of Beverly Enterprises, Inc., 6. It is ADMITTED that Beverly Enterprises - Pennsylvania, inc., is a wholly- owned subsidiary of Beverly Enterprises, Inc., 5111 Rogers Avenue, Suite 40-A, Port Smith AR 72919. 7. It is ADMITTED that Beverly Enterprises - Pennsylvania, Inc., owned and/or operated the nursing home located at 770 Poplar Church Road, Camp Hill, PA 17011, at all times relevant to Plaintiffs' Complaint. 8. The averments of Paragraph 8 of Plaintiffs' Complaint are conclusions of law to which no affirmative response is required. To the extent a response is required, these averments are DENIED. By day of further answer, upon information and belief, the incident complained of occurred on December 19, 1996. 9. Defendants are without knowledge or infomnation sufficient to form a belief as to the truth of the averments contained in Paragraph 9 of Plaintiffs Complaint. Accordingly, they are DENIED and strict proof thereof is required at time of trial. Also, upon information and belief, the incident complained of occurred nn December 19, 1996. 11 f 10. The averments of Paragraph 10 of Plaintiffs' Complaint are conclusions of law to which no affirmative response is required. To the extent a response is required, Defendants are, without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 10 of Plaintiffs' Complaint. Accordingly, they are DENIED and strict proof thereof is required at time of trial. 11. The averments of Paragraph 11 of Plaintiffs' Complaint are conclusions of law to which no affirmative response is required. To the extent a response is required, these averments are DENIED. 12. The avennents of Paragraph 12 of Plaintiffs' Complaint are conclusions of law to which no affirmative response is required. To the extent a response is required, these avennents are DENIED. 13. The averments of Paragraph 13, and subparagraphs "a" through "j" are conclusions of law to which no affirmative response is required. To the extent these averments are deemed factual and a response is required, the averments are specifically DENIED that the Defendants, their employees, agents, and/or servants were negligent in any respect or in the following particulars: a. It is specifically DENIED that Defendants were negligent by failing to recognize the special element of harm and danger of ice on the parking lot. b. It is specifically DENIED that Defendants were negligent by permitting or allowing the ice to accumulate in the parking lot of the facility when the Defendants knew that its patrons and invitees would have to traverse the area. 3 C. It is specifically DENIED that Defendants were negligent by failing to utilize that degree of care required for business invitees by not maintaining the premises in a safe and usable condition. d. It is specifically DENIED that Defendants were negligent by failing to inspect the premises to discover any unsafe or hazardous conditions of ice which may have been existing on the parking lot. C. It is specifically DENIED that Defendants were negligent by failing to warn or protect the Plaintiff from any unsafe or hazardous conditions of ice on the parking lot or that Defendants knew or should have known that the Plaintiff would be unable to protect himself. f. It is specifically DENIED that Defendants were negligent by failing to correct any hazardous or dangerous icy conditions or that Defendants knew or should have known such conditions existed on the premises. g. It is specifically DENIED that Defendants were negligent by creating or allowing a hazardous condition to exist or that Defendants knew or should have known an unreasonable risk of danger to persons such as the Plaintiff existed. h. It is specifically DENIED that Defendants were negligent by failing to carry on the Defendants' activities with reasonable care for the safety of the public. i. It is specifically DENIED that Defendants were negligent by failing to remove ice from the parking lot. 4 j. It is specifically DENII-D that Defendants were negligent by failing to mask the icy condition by salt, cinder, or otherwise covering the area to make it safe for use. COUNTI 14. Paragraphs 1-13 above are incorporated herein by reference. 15. 'rhe averments of Paragraph 15 of Plaintiffs' Complaint are conclusions of law to which no affirmative response is required. To the extent a response is required, these averments arc DENIED. 16. The averments of Paragraph 16 of Plaintiffs Complaint are conclusions of law to which no affirmative response is required. To the extent a response is required, these avcrmcnts are DENIED. 17. The avennents of Paragraph 17 of Plaintiffs' Complaint are conclusions of law to which no affirniative response is required. To the extent a response is required, these avcrmcnts are DENIED. 18. Ile averments of Paragraph 18 of Plaintiffs Complaint arc conclusions of law to which no affirmative response is required. To the extent a response is required, these avernicrits are DENIED. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs and that Plaintiffs' Complaint be dismissed with prejudice. 5 cr t(. I. I t y. ?s COUNT it 19. Paragraphs 1-18 above are incorporated herein by reference. 20. The averments o1'Paragraph 20 of Plaintiffs' Complaint are conclusions of law to which no affirmative response is required. To the extent a response is required, these averments are DENIED. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs and that Plaintiffs' Complaint be dismissed with prejudice. NF,'1'V MATTER 21. Paragraphs 1-20 above are incorporated herein by reference. 22. Plaintiffs' claims are barred by the applicable statute of limitations. 23. Plaintiffs' Complaint fails to state claims upon which relief can be granted. 24. Defendants at all times acted in accordance with the applicable standard of care. 25. Plaintiffs' right to recovery is barred/reduced by his contributory/comparative negligence in failing to exercise reasonable care while on Defendants' premises on December 19 and/or 20, 1996. Plaintiffs' negligence and/or failure to exercise due care includes, but is not limited to, the following: a. ]'ailing to exercise reasonable care for his own safety by failing to keep alert and remain observant as to where he was walking; b. Failing to exercise reasonable care for his own safety by failing to consider the alleged "hazardous and dangerous icy condition" of the parking lot; 6 C. Failing to exercise care for his own safety by venturing outdoors without maintaining a proper lookout; d. Attempting to negotiate an allegedly ice-covered parking lot when he knew or should have known that the conditions were slippery; C. Failing to request the assistance of another in walking through the parking lot in its then allegedly existing condition when lie knew or should have known that the t conditions were slippery. f. In such other manner as may be revealed during the course of discovery in this case. 26. Plaintiffs negligence and failure to exercise reasonable care for his own safety as set forth in Paragraph 25 was a substantial factor in causing his accident and alleged injuries. 27. Plaintiff knowingly and voluntarily assumed the risk of his injuries under the i circumstances then and there existing. 28. Plaintiffs' claims are barred/reduced by his failure to mitigate his damages. 29. To the extent Plaintiffs have suffered damages, said damages were caused by either their own actions or by the actions of others over whom tiie Defendants had no control or authority and is therefore not responsible as a matter of law. 30. At all times, the actions of Defendants, their agents, servants and/or employees were reasonable under the circumstances and weather conditions then and there existing on December 19 and/or 20, 1996. 7 31. Defendants, their agents, servants and/or employees owed no duty under Pennsylvania law to Plaintiffs under the circumstances and conditions existing on December 19 and/or 20, 1996. 32. Defendants had no notice on December 19 and/or 20, 1996, that there was a dangerous condition in its parking lot, nor did they have reason to know of a condition which would pose an unreasonable risk of harm to Plaintiffs. 33. Plaintiffs' claims are bared by accord and satisfaction and/or release. 34. Plaintiffs' damages, if any, are the result of pre-existing physical and/or mental conditions and not of any conduct on the part of Defendants. 35. Defendants acted reasonably and with due care in maintaining their property in a safe and nonhazardous condition for those who, like Plaintiffs, were entering the facility on December 19 and/or 20, 1996. 36. There were no hills or ridges or artificially created obstacles of ice or snow in the II Defendants' parking lot on December 19 and/or 20, 1996. 37. The ,worker- compensation tort bar precludes recovery from Defendants under the circumstances of this case. 8 WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, Arthur K. Hoffman I.D. #31782 Douglas M. Wolfberg I.U. #77959 DUANE, MORRIS & HGCKSCHL'R LLP 305 North Front Street, 5th Floor Harrisburg, PA 17101 (717) 237-5500 Attorneys for Defendant Dated: January 28, 1999 Beverly Enterprises - Pennsylvania, Inc. 9 1, Wes Bartlett, hereby depose and stale that I am the Administrator of West Shore Health and Rehab Center and am authorized to make this Verification on behalf of Defendants Blue Ridge Maven West, Inc., West Shore Health Rehab Center, Beverly Health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc. I have read the foregoing Answer and New Matter which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information, and belief, although the language is that of my counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Ila. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date' W Bartlett, Administrator West Shore Health and Rehab Center Beverly Enterprises - Pennsylvania, Inc. Now !I: i ? t 1.. l .) TERENCE S. HEVNER and PAYE J. HEVNER, Plaintiffs V. BLUE RIDGE HAVEN WEST, INC., et al., Defendants IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6915 CIVIL ACTION - LAW JURY TRIAL. DEMANDED CERTIFICATE PRIUZEQU1SITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009 22, Defendant Beverly Enterprises of Pennsylvania, Inc, certifies that: i. a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to cacti party at least twenty days prior to the date on which the subpoenas are sought to be served, ii. a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, iii. no objection to the subpoenas has been received, and iv. the subpoenas which will be served are identical to the subpoenas which are attached to the notice. Dated: January 17, 2002 By A4thur K. H ffman, Esq. Attorney N . 31752 Marc A. >\ Ver, Esq. Attorney No. 76434 DUANE MORRIS LLP 305 N. Front St., Ste. 500 P. O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5503 TERENCE S. HEVNER and FAYE J. HEVNER, Plaintiffs vs. 13LUE RIDGE HAVEN WEST, INC., WEST SHORE REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OP PENNSYLVANIA, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 98-6195 Civil Action - Law NO'T'ICE OF INTENT TO SGIZVI? SUBPOENAS To PRODUCE DOCUAIENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants 131uc Ridge Haven West, Inc., West Shore Rehab Center, Beverly Hcalth and Rehabilitation, Inc., Beverly Entciprises, Inc., and Beverly Enteiprises of Pcamsylvanis, Inc., intend to serve subpoenas identical to theone: attached to this notice. You have twenty (20) days from the date listed below in which to file of record and scree upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. I)Xcd: Deceinber 27, 2001 Arthur K. i'loffman, Esq. Attorne 11) No. 31782 Nlarc f1. Moyer, Esq. Attorney ID No.. 76,33.1 DUANE, MORRIS &. I II:CKSCIIFR LLP 305 Nonh Front Sera P.O, Box 1003 IImTi%hurg, PA 17105-1003 (717) 237-5527 Attomeys for,Dctendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERENCE.s. HEVNER, et .al., Plaintiffs, CIVIL ACTION -LAW R. BLUE RIDGE HAVEN WEST, INC., et al, File No. 98-6915 Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS Custodian of Record R DYork Memorial Hospi RILE 4009.22 TO: .125 South Belmont St_, York, PA 17403 (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by (tic court to produce the following documents or filings: 10/01/95 films of the right tibia and fibula of Terence Scott Iievner, 11-16/48, SSN 208-38_3212 AND any and all records as more fully described on the attached Exhibit A _ at _Duane. Morris & Heckschei_: ].LI?, 305 N. Front St:.,_I3arri.sbur9, PA 17101 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Arthur 1:: 11offanan, I.., Duane Mo1=ri it ltcct„-__ --,. Address: P.O. 13ox 1.003 _ Iiarrisbur PA 171-08-•1.003 q - -- ----------- Teiephoiae: _ 717.2 3 7. 5 5 0 0 Supreme Court ID 11 31782 Attorney For __I;eyes ly._I:nte? I,r > c Pr nn-ylvania, Inc... 13Y THE COURT: Date: Seal of the Court P/roJthonotary/Clerk,`C vil Division DeputV'4 (Elf .7/971 I, Any and all records pertaining to knee surgery performed on Terence Scott Hcvner, DOB, 10/16148, SSN 208-38-3212, in the years 1969 through 1971, including but not limited to all office E, notes; consultation reports; clinic records; therapy notes; evaluations; admission reports; orders; r patient histories; physical reports; laboratory reports; operation notes, summaries or reports; anesthesia reports; radiology reports; diagnostics test or procedure reports; medication records, including Kardex reports; progress notes; nu ses' notes; physician assistants' notes; graphs or other demonstrative records; special studies; discharge summaries; and all otherrecords whatsoever, both inpatient and outpatient. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERENCE S. HEVNER, et al., CIVIL ACTION - LAW Plaintiffs, V. BLUE RIDGE RAVEN WEST, INC., et al, File No. 98-6915 _ Defendants. JURY. TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Custodian of Records, York Health Imaging System Services, York Hospital, TO: York, PA 17405 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 11/01/00 CT scans of Terence Scott Hevner, DOB 10/16/48, SSN 208-38-3212, MRN 000210187, 2772065, and 2775637 at Duane, Morris & Heckscher LLPJ 305 N. Front St._ Harrisburg, PA 1710). (Address) 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. t 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 seeker court order compelling you to comply with it. r THIS SUBPOENA WAS ISSUED AT THE RE-QUEST OF THE FOLLOWING PERSON: 1 Name, Arthur K. Hoffman, rsr) -- ---.--- Duane, Mor.r-is& Heckscher LLP -- Address: P.O. Box 1.003 Harrisburg, PA- 17108-]003 Telephone:__-717_ 237. 5500 Supreme Court ID t1 3_172 - ---------- --- Attorney For. _ )i.wc rJY...l:nt,orpr i;;' .. .._.hc nn y_Lvani a , Inc. Date: ---- ~- Seal of the Court BY THE COU131: Prothonotary/Clerk,? Cf?vil Division e uty (Elf. 7/97), COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERENCE S.'HEVNER, et al., Plaintiffs, CIVIL ACTION - LAW V. BLUE RIDGE HAVEN WEST, INC., et al, File No. 98-6915 Defendant.s. JURY TRIAL DEMANDED SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Custodian of Records, Holy Spirit Hospital, Radiology Department, TO: 503 N. 21st St., Camp Hill, PA 17011 (Name of Person or Entity) r Within twenty (20) days after sewice of this subpoena, you are ordered by the court to produce the following documents or things: Films taken on 12/20/96 of the right knee, right leg, and right ankle of Scott Hevner, DOB 10/16/48, SSN 208-38-3212 at Duane. Morr; q c r r, (Address) Harrisburg, PA 17101 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nance Arthur K. Hoffman, Esq. Duane, Morris & Hecksclier LLP Ad0fess: P.O. Box 1003 Harrisburg, PA 1.7108-1003 Telephone:_ 717.237.5500 Supreme Court ID 4 317.82 Attorney For. _)??Yeray 1:nterprz_ e __ Pennsylvania, inc. Date: {) ,??_01 wllyf Seal of the Court I3Y THE COURT: PtothonoiarylClerk, Civil Division D •p (Etf. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERENCE S: IIEVNER, et al,, Plaintiffs, CIVIL ACTION - LAW v. SLUE RIDGE HAVEN WEST, INC., et al., File No. 98-6915 Defendants. - JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Custodian of Records, KVD Orthopaedics & Rehabilitation, Ltd; The Center. TO: Apr cp;ne & Sport Rehabilitation 2901 Pleasant Valley Rd., York, PA 1740 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 11/10/99 lower extremity films of Terence Scott- Iievner, DOB 10/16/48, SSN 208-38-3212 at IV, Iv. i_J ont SL Iiarrisbur PA 17101 (Address) 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 al the address listed above. You have [tie right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON: Name Arthur K. liof.fman, Esq. Duane, Mc?rri s; &?Heclc cher' ]:.LP Address: _P.O. 13ox 1.003 _ tiarriliur .^PA i 171.08-1.003+--_- Telephone:_ 717_237.5500 Supreme Court ID ! 37782 Attorney For: _..73e_ver..]y_Friterp>> e,-- 1'i_n?sy]vania, Inc. BY'fl1E COURT: ?''1 Protlaonotary/Cle , Civrrf? 'I pivision Da le: Seal of the Court OcpG (Eff. 7/971 CERTIFICATE OF SERVICE I, Mindy R. Pink, a paralegal with the law firm of Duane, Morris & Hcckscher LLP, hereby certify that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 was served upon the following individual at the address below by depositing the same in the United States Mail, firstclass, postage prepaid, at Harrisburg, on December 27,2001: Leah B. Graff, Esq. Law Offices of Dale E. Anstine, P.C. P.U. Box 952 York, PA 17405 Mindy 12. Pink f 'v i f z? L U _ i LL ?>> to C1 i i 'IBRENCE S. IIEVNER and PAYE J. IIEVNER, Plaintiffs V. BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REIIAB CEN'T'ER, BEVERLY HEALTH AND REHABILITATION, INC., _ BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF IN TI Ii: COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98.6915 PENNSYLVANIA, INC., CIVIL ACTION - LAW Dcfcndants JURY TRIAL DEMANDED CER'1'IhICA'I'1; PREREQUISITE TO SEIZVICE 01, SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants Blue Ridge I liven West, Inc., West Shore I lealth Rchab Center, Bevcrly Health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., certify that: (a) a notice of intent to serve subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party Prior to the date on which the subpoenas are sought to be served, (b) a copy of the notice of intent, including the proposed subpoenas, is attached to this ccnificalc:it Exhibit A, (c) no objection to the subpocnas was received, and - r (d) the subpocnas which will be served are identical to the copies attached to the F j' notice of intent to serve subpoenas.yy i Ma •c A. Moycr /IAN Attorney ID No4 KELLY, HOFF & GODUTO, LLP Commerce Towers, 10°i Floor 300 North Second Strect P.O. Box 62003 Harrisburg, PA 17106-2003 (717) 920-5100 Attorneys for Defendants Blue Ridge Haven West, lnc. West Shore Health Rchab Center Bcvcrly I Icalth and Rehabilitation ]tic. Bcvcrly Entetprises, Lrc. Beverly Enterf)rises of Pennsylvania, hic. Dated: .luly 9, 2003 TLRENCC S. IIEVNER and PAYE J. I IEVNER, Plaintiffs v. BLUE RIDGE I IAVEN WEST, INC., WEST SHORE HEALTH RI IIA13 CENT'E'R, BEVERLY HEALTH AND REHABILITATION, INC., BEVERL.Y ENTERPRISES, INC., and BIJVERLY ENTPRPRISI S OF PENNSYLVANIA, INC., Defendants Dated: June 11.2oW IN Ti 1E COURTOF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 95-6915 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE; SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT-170 RULE 4009.21 Defendants Blue Ridge Haven Vilest, Inc., West Shore Health Rehab Center, Beverly Health and Rehabilitation, Inc., Beverly I"weip ices, Inc., and Beverly Fracrltrises of* Pennsylvania, Inc., intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served. Anli IC.Ilotlinan I Attorney ID No. 31752 KELLY, HOFFMAN S GODUTO, LI_P Commerce Towers, 10°i Floor 300 North Second Street 11.0. Box 62003 Ifarrisburg, PA 17106-2003 (717) 920-5100 Atfomevs for Defendants Blue Ridge haven West, Inc., West Shore Health Rehab Center, Be\el'IV I leahh and Rehabilitation, Inc. Beverly f-werlniscs, Inc., and Beverly lcntctpriws o1 TennsNIvania. Inc. , COMNIONV:EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERERENCE S. HEVNER and FAYE j. HEVNER, Dl ainfif 42 Vs. File No. -98-6915 BLUE RIDGE HAVEN WEST, INC., et al., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Michael J. Sicuranza, M.D., KDV Orthopaedics & Rehabilitation, Inc. 908 South George Street, (c1JcotPI?na17Lr7A?? Within twenty (20) days after service of this subpoena, you are ordered by the court to produce 1h:; tollowutp documents or things: any and all records relating to Terence S. Hevner from January 1, 2001 to the present, as more fully described on Exhibit A attached, at Kelly, Hoffman & Goduto LLP, P.O. Lox 62003, Harrisburg, PA 17106-2003 (A.ddreas) You may deliver or mail legible copies of the documents or produce things requested by this suLpoen;l, togothrr with the certificate of compliance, to the party making this request at the address listed above.You have thr: right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order,compeliing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Arthur K. Hoffman, Esq. Kelly, Hoffman & Goduto LLP {i.?} Address: _P f?-Boa-62 Harrisbura, PA 17106-2003 Telephone: 717-920-8100 Supreme Court ID it 31732 Attorney For. Defendants Date ?j s t; f.. I ., 1 111 1 I! ,cam _ is , l 17r? EXIIIBITA f"o COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TEREP.ENCE S. HEVNER and FAYE j. HEVNEI2, Plaintiffs I1-671 f ISilrs h! ,. _ VS. BLUE RIDGE HAVEN WEST, INC., et al., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: , U.V., 4u IQ Vl. . «,'. 3 .. ... _ (Name of Porson or Entity) Within twenty (20) days after service of this subpoena, you are orderers Ly ilto cr;nut to ploducr tho following documents or things: a-Y n dn-a all-records relating to '1'erencc. ; Hevnc•r from ,lnnuury 1, 1.0(1l ------- to the present, as more fully described on Exh:i.bit:. A fltarlwdl , I, at Kelly, Hoffman & Goduto LLP, P.O. Box 62003, 11 ++ 2 u Ut+rq, hA 17106-2003 -- (Addre s) You may deliver or mail legible copies of the documents or produce Things +r_que:aed by this subpoena, together with the certificate of compliance, to the party making this request at the address listod above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things nought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. e THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING FERSON: Name Arthur K. Hoffman, Esq. Kelly, Hoffman & Goduto LLP Address: _Hr,? ri_sburg. PA _17106-2003 Telephone:r 717-920-88100__ Supreme Court ID 4 _ 31782 Attnrney Fcr _ Defendants l 98 S i,..11i (iCii. ?ir?,r CERTIFICA'T'E OF SERVICE. 1, Wanda L. I-loflinan, it paralegal with the law 111711 of Kelly, 1101)'111;111, & Goduto LLP, hereby certify that a true and correct copy Of the f0rcgoing Notice of Intent to SCITe Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served on the following persons, al their respective addresses, by depositing the same in the United Stales Mail, first class, postage prepaid, at Harrisburg, on June 2003. Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. P.O. Box 952 York, PA 17405 Counsel for Plaintiff -aGt m,.6(c _ g / Wanda L. 1-loffi , t, CERTIFICATE Oh SI:R?'ICIs i 1, Wanda L. Hoffman, a paralegal with the law firm of Kelly, I Ioflinan, & Goduto UP, s . hereby ecrlily that a true ;uul correct copy of the foregoing Cet1i(ic;tte iCCrl'(1tiI51fL' IU ?efl'Iel' ol'a ? ' Subpoena Pursuant to Rule 4009.22 was served on the following persons, at Ihcir respective h addresses, by depositing the sanic in the United States Mail, first class, postage prepaid, at Harrisburg, on July 1 , 2003. f l Leah B. Graff, Esquire Law Offices of Dale L. Anstine P.O. Box 952 York, PA 17405 Counsel for Plaintiff 71 TERENCE S. HEVNER and FAYEJ. HEVNER, Plaintiffs V. BLUE RIDGE HAVEN WEST, INC., et al., Defendants t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6915 CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw our appearance on behalf of Defendants in the above-captioned matter. Date: ?'?' U By: X11 ?I;) I)`,4 Mar Patterson Attorney I.D. No. 47620 Duane Morris LLP 305 N. Front St., 5" Floor Harrisburg, PA 17101 (717) 237-5531 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendants in the above-captioned matter. Date: __S 2 By: l 1!}11+1. NIX Arthur K. Hoffman Attorney I.D. No. 31782 Kelly, Hoffman & Goduto LLP Commerce Towers. 10" Floor 300 N. 2 w St. Harrisburg. PA 17101 (717)920-8100 CERTIFICATE. OF SERVICE AND NOW, this !A day of May, 2002. I, Mindy R. Fink, a paralegal in the law offices of Duane Morris LLP, hereby certify that I this day served a true and correct copy of the foregoing Praecipe for Withdrawl of Appearmtce/Entry of Appearance by placing the same in the United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to the attorneys or parties of record as follows: Leah B. Graff, Esq. Law Offices of Dale E. Anstine, P.C. 2 W. Market St. P.O. Box 952 York, PA 17405 116G\97211.1 Mindy R. Fink ME TERENCE S. HEVNER and IN THE COURT OF COMMON PLEAS PAYE J. HEVNER, CUMBERLAND COUNTY, Plaintiffs PI:NNSI'GVANIA V. NO. 98-6915 BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPF,_FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Blue Ridge Haven West, Inc., West Short Health Rehab Center, Beverly Health and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., in the above-captioned matter. We are authorized to accept service of all documents in this matter. Respectfully submitted, Arthur K. I Iof Tian, Esquire Attorney I.D. No. 31782 Douglas M. Wolfberg, Esquire Attorney I.D. No. 77959 DUANE, MORRIS & HECKSCHER LLP 305 North Front Street, Suite 500 Post Office Box 1003 Ilarrisburg. PA 17108-1003 (717) 237-5500 Dated: t)4,- Attorneys for Defendants wicu?n? ? ._ ?? .•: «; r.: ;., '"' „? l.) ? Li. ??? ..?. • ; ?... __ C. •: ` c. , 4 ?' l:. +. 4.J. .?' 4 TERENCE S. HEVNER and FAYE J. HEVNER, 1 Plaintiffs V. BLUE RIDGE HAVEN WEST, INC., WEST SHORE HEALTH REHAB CENTER, BEVERLY HEALTH AND REHABILITATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6915 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE, OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants Blue Ridge Haven West, Inc., West Shore Ilealth Rehab Center, Beverly Health and Relmbilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., certify that: (a) a notice of intent to serve subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party prior to the date on which the subpoenas are sought to be served, (b) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate at Exhibit A, Dated: August 13, 2003 TERENCE S. I IEVNER and FAYE J. 11EVNI?R, Plaintiffs V. BLUE RIDGE IIAVEN WEST, INC., WES"I' SIIORI: I IEAL'I'H REI-IA13 CENTER, BEVERLY HEALTH AND REIIABILi'rATION, INC., BEVERLY ENTERPRISES, INC., and BEVERLY ENTERPRISES OF PENNSYLVANIA, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PII.NNSYLVANIA NO. 9h-6915 CIVIL ACTION -LAW JURY TRIAL, DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS To PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Blue Ridge Haven West, Inc., West Shore Health Rehab Center, Beverly Ilealth and Rehabilitation, Inc., Beverly Enterprises, Inc., and Beverly Enterprises of Pennsylvania, Inc., intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the plate listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served. Atthur K. HofSu-an Attomey 11) No. 31752 KELLY, HOFFMAN s GODUTO. LLP Commerce Towers, 10°i Floor 300 North Second Street P.O. Box 62003 llarrisburg, PA 17106-2003 (717)9_'0-5100 Attorneys for Defendants Blue Ridge Haven West, Inc., West Shore licalth Rehab Center, Beverly Health and Rehabilitation, Inc. 13evrrly Enterprises, Inc,, and Beverly Finer :rises of Pennsylvania, Inc. Dated: )uh° 22. 2003 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERENCE S. HEVNER, e*_ al., Plaintiffs Vg. BLUE RIDGE HAVEN WEST, INC. , et a1 . , File, No. Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Custodian of Records, Holy Spirit Hospital, Radiology Department TO: I s o i N_.--2 s St r? t_-Camp H3- 11, PA 1701.1 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Films taken on 12/20/96 of the right knee, right leg and right ankle of Terence Scott Hevner, DOB 10/16/48, SSN 208-38-3212 at Kelly, Hoffman & Goduto LLP, P.O. Box 62003, Harrisburg, PA 17106-2003 (Address) - You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Arthur K. Hoffman, Esq. Name KAII , Rnffmnn & Godutc LLP Address: P.O. Box. 62003 Harrisburg, PA 17106-2003 Telephone: 920-8100 Supreme Court ID 4_. 31782 Attorney For: --_ Defendants Da!u ?.,ot.r! EY THE COURT: Fic.tt < Motu yrClerk, (91 Division L Deputy irc(f 71g7t COr.lr. OWNEALTH OF PENNSY12"Atflt COUNTY OF CUMBERLA.tJD TE ..110° c . rl!e; tl:;., ?n91C SUSPOEt1ATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE :009.22 TO: custodian of Records, Dean A. Nachtigall,-D.O., Orthopedic Surgery Institute, 1779 5t1a Avenue, (lJameofPescncrEnlir,) York, PA Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thincs: Copy of radiology frelating to Terence S. lie, mer., DOES 10/16/43, taken on 12/20/96 of his right knee, right -v------ ------- -------- - leg and right ankle Kelly, Hoffman & Goduto LLP, P.O. Sox 62003, Harrisburg, PA 17106-2005 (Pddresc) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it.. THIS SUBPOENA'vWAS ISSUED AT THE REQUEST OF THE FOLLO'VMG PERSON: Arthur K. Hoffman, Esc- Name__u. ; , • '.n fay a_-vs;i_t-^ r ?=` -- ...-- - Address: P _C C. Box_6?00' --- ----- -- -- Ha°ri.burc ?A 17106-2003 Telephcne:__-__ 0.;0-5i0G -_ -- Supreme CcuR . ic?? y 1 rr ?cr,? Depin; Cor.11MON vEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TE EUCE . ..::;'.r ., . , BLUE ..,DGE H!.'dEid :4:E .._', I?iC., ez DefendentS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Custodian of Records, York Memorial HcspF?ta1, Radiology Dept, ATTIQ: FILM TO: 325 South Belmont Street, York, PA 17403 (Name ,?f Pcrscn cr Entity) Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce the follc;ving documents or things: Films taken 10/1/95 of the right tibia and fibula of Terence Scott Hevner, DOB 10/16/49, SSN 208-38-3212 at Kelly, Huffman k Goduto LLP, P.C. Bo 62003, Harrisburg, PA 17106-2003 (Address) 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.Ycu have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Arthur K. Hoffman, Esq. _T,i.°---_.------_-.-. Address: P.O. Box 6:003 Harrisburg; PA 17106-2003 Telephone: 920-8100 Supreme Court ID a 31782 Attorney For _ ^ -Ena nts 52 COMMONWEALTH OF PENNSYLVANIA COUNTY Or- CUl'IBERLAND 1 L: Lu . S 12, Plainriifs BLUE RIDGE Hi YL l .EST r INC. r et al . , F-!Ic No ?J ------- Defendante SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: custodian of Records, PMA, P.O. Box 25249Lehigh Valley, PA (Name of Porsoo or Entity) 18002-5249 Within twenty (20) days after service of this subpoena, you are, ordered by the court to produce the following documents or things: any and all records relating to Terence Hevner, DOB 10/16/48, as more fully described on Exhibit A attached hereto at Kelly, Hoffman & Godut.o LLP, P.O. Box 62003, Harrisburg, PA 17106-2003 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Arthur K. Hoffman, Esq. Name_K-0ii y Nnffmnn s G9dt_tn LLP ----- Address: P.O. Box 62003 ------ --- - Harrisburg, PA ,1'7106-2003 Telephone: 920-8100 ---•---------- ----__ _------ Supreme Court ID it 317S2 AttemeyFtt uaEen'ant BY 1'HE CCURI ('t ulnlnotr t?lClcrk, r-,Ivision ff 7 7 152 a i' r i::out' Deputy (Eii. 7t5 7 ) f \ LXII IBI A Any and all docunndnts contained i» your lilcs concerthe workers' compensation claim filed by or on behalf of 7 erence Scott lleV»er, DOB 10/16l4S, SSN 20S-3S-321_', pertaining to his injury claim of December 19, or December 30, 1996, including, but not limited to, coiTCSpnndc»ce, memoranda, notes. reports. Sw»maricS7 medical records, agrecmcnl, and all other records whatsoever. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TEREN;_E tiEV.Ji3.., t I. Pla intif;'s 5LuE RIDGE Da?endar.ts ' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records, Careworks, Mark Battin, D.O., 6108 Carlisle Pike, Mechanicsburg, PA 1?0145)5 of Pusonor Enmy) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foflowing documents or things: anv_ and al-!-records relating to_,'Perence S_Hevner,_ DOB _10/16/48, as_- morg fully_ described on Exhibit A attached hereto at Kelly, Hoffman & Goduto LLP, P.O. Box 62003, Harrisburg, PA 17106-2003 (Address) ------ You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of cornpiiance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Arthur K. Hoffman, Esq. Name tI.,._Hn *Fm=n r ,oduto LLP------.-?__ Address: P.O. Box 62003 Harrisburg, PA 17106-2003 Telephone: 920-8100 - Supreme Ccurt ID a 31782 p ---- ---- --- ii AttorrieyFot, Defend nra 1 .Jul .P Zc? i1111 _ "' 97, k. EXHIBIT A Any and all records relating to Terence S. llevner, D013 10/16/4S, SS\ 20S-3S- 3212, including, but not limited to, office notes, correspondence, notes, mCmorcunta, reports, summaries, hospital records, if cmy, including admission reports. histories. reports of physical examinations, discharge Stmimaries, progress notes, nurSCS notes, physicians' orders, radiology reports, diagnostic test reports, medication records, graphic charts, lab reports, consultation reports, nutrition notes, and all other records whatsoever. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUNIBERLAND TEREi`7CE S nE'Jcv i'ld4ntl BLUE RIDGE HAVEN BEST, 1 +C : , ? 31 . , -dr htG i 1 f.?rltj rlZ SUBPOENA TO PRODUCE DOCUNIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Kevin Jackson, D.C., Sigafoose & Jackson Chiropractic 2816 East Market St, York, ttPtr'1,cofPersonorEntity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ar and all records_relatinq_to Terence S. Hevner, DOB 10/16/48, as More full- described on Exhibit A attached hereto __-?--_- at Kellv, Hoffman & Goduto LLP, P.O. Box 62003, Harrisburg, PA 17106•-2003 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Arthur K. Hoffman, Esq Name -i;?i?;1 _t?c?*m•n ?naur_? rt.P Address: P.O. Box 62003 Harrisburg, PA 17106-2003 Telephone: _-_Q _ 2 _. 0 --- -_8 100 ---- Supreme Court ID 4 _,- 317K Artcme", Fot D.= r, n t. _ jL&I r;•,. 1116 C'OURL Frt',t? t c?t,rry , Erik, l;ivi ?'sicr. 17 _. ??epra ?L f1=11 'iiF?71 EXIIIBIT A Any and all records relating to Terence S. Hevner, D013 10/10, S, SSN 2W-33- -1 1 j4 3212, including, but not limited to, office notes, correspondence, notes, memoranda, relxn-is. snnunaries. hoshital records, if any, includim, admission reports, histories, repolys of physical examinations, dischar.-,e summaries, pro.,ress notes, nurses notes, physicians' orders, radiology reports, diagnostic test reports, medication records, graphic charts, lab reports, consultation reports, nutrition notes, and all other records whatsoever. COMIMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TEFE_;cE EV: E, 1. PlaineifF:i BLUE RIDGE Hr.'?E_; [' T, ;7G. et Fih_ tIo. o??t D e fan ri a n t --------- -- -- -- SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT-10 RULE 4009.22 TO: _0•ustodian of Records, York Hospital,_P.O_Box 15198, York, PA 17405 _- (Nami: of Person or Entuy) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records relating to Terence S. Hevner, DOB 10/16/48, SSN 208-38_3212, as more fully described on Exhibit A attached hereto at Kelly, Hoffman & Goduto LLP, P.O. Box 62003, Harrisburg, PA 17106-2003 (Address) You may deliver or mail legible copies of the documents or produce filings requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUSPOENA WAS ISSUED AT -CtiE REQUEST OF THE FOLLOWING PERSON: Arthur K. Holtman, Esq.Lt_? _ Address: P.O. Box 62003 Harrisburg, PA 17106-^003 Telephone; ___ 9 20-6100 Supreme Court iD e 31782 Atlorney Ft)r De n r d THE CCURI : L U, Euty EXHIBIT It Any and all records relating to Terence S. llevner, DOB 10/16/4S, SSN 20S-?S- 3212, from 1971 to the present, including, but not limited to, admission reports, histories, reports of physical examinations, dischar.-_ summaries, pro3ress notes, nurses notes, physicians' orders, radiologv limns and reports, diagnostic lest reports, medication records, graphic charts, lab reports, consultation reports, nutrition notes, and all other records whatsoever. 5 f i CERTIFICATE Of SERyICli, 3 . L Weida I.. Hoffman, a paralegal with the law firm of Kelly, Iloffman, S:. Goduto LLP, s hereby certify that a true and correct copy of the foregoing Notice of Intent to Scree Subpoenas to 4 a t Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served on the i following persons, at their respective, addresses, by depositing the same in the United States Mail, !!) first class, postage prepaid, at Harrisburg, on July 23, 2003. 3 Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. P.O. Box 952 York, PA 17505 3 Counsel for Plaintiff 1Vannda L. Iloffi a I CERTIFICATE OF SERVICE I, Wanda L. Hoffman, a paralegal with the law firm of Kelly, I loffinan, & Goduto LLP, hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule.4009.22 was served on the following persons, at tbeir respective addresses, by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, on August I Zj , 2003. Leah B. Graff, )esquire Law Offices of Dale E. Anstine P.O. Box 952 York, PA 17405 Counsel for Plaintiff r ?i I'd II ji, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHOMMRY OF MMERLAM COUNT Please list the following case: (Check one) X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Terence S. Hevner and Faye S. Hevner ( X) Civil Action - Law ( ) Appeal from Arbitration (other) (Plaintiff) 11 VS. Blue Ridge Haven West, Inc. VS. (Defendant) The trial list will be called on 9/28/04 and Trials comrence on 10/25/04 Pretrials will be held on 10/6/04 (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shat., provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 98 Civil 6915 19 Indicate the attorney who will try case for the party who files this praecipe: -Leah B. Graff, Esq., Law Offices of Dale E. Anstine, P.C., 2 West Market Street, P. 0. Box 952, York, PA IiUb Indicate trial counsel for other parties if known: Arthur K. Hoffman Esp., Kelly, Hoffman & Coduto LLP Commerce-Town=s. 10th Floor, 300 N. 2nd Street, Harrisburg, PA 17101 // This case is ready for trial. Signed: (r 4^ ?? Print Ts Leah B. Graff, Esq. Date: 9/3/04 Attorney for: Plaintiff(s) .?. _, ,., y _, = ,, :?, ?_ ; _ k ' ?? ? , , ,, ?- ?` •r ,. c ? ?:> :_; _ .., ? ! 1 , ' : ' , a r ,, r i i i i IN TI IE COURT Ol. COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERENCE S. I IrVNER and No. 9S-6915 FAYE.I. HEVNER CIVIL. ACTION - LAW V BLUE RIDGE HAVEN WEST, INC., ct al. JURY TRIAL. DE MANDED PRAECIPE. TO REMOVE To the Prothonotary: Please remove the above-referenced matter from the trial list for the Civil Trial 'L'ent beginning October 25, 2004. The panics have agreed to seek binding mediation. Leah B. Graft, Esquire Attomcy I.D. No. 29176 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717)546-0606 Attorney for i'laintiff .? II r l 4 1 ?I II l CERTIFICATE Of SERVICE, AND NOW, this 14"' day of October, 2004, I, Leah 13. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this elate served a copy of the within Praccipe by first class United States mail, postage prc-paid, addressed to the party or attorney of record as follows: Arthur K. Hoffinan, Esquire Kelly, I-loffinan & Goduto, LLP Commerce Towers 300 North Second Street, 10°i Floor P.O. Box 62003 Harrisburg, PA 17106-2003 LAW OFFICE OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney for Plaintiff 1 ,- ,. _ ._ . r .... u _f ?:. ` ?: , ;? :, ? ';. ?, ,,, u l Curtis R. Long Prothonotary Office of the i3rotbonotarp Cumberlaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QP - &9/! CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573