HomeMy WebLinkAbout01-0478 FX
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06~2~/2005 09:53 FAX
JDS&W
I4i 003/003
JANE BUXTON
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND .
COUNTY, PENNSYlLVANIA
NO. 2001-478
CIVIL ACTION - LAW
v.
BRIAN RHOADES.
Defendant
-NOTICE OF RESCHEDULED HEARING
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the
Court in the above-captioned case will meet for the purpose of their appointment on ,
Friday, October 1, 2005 at 9:00 A.M. in the Second Floor Hearing Room of the Old
Cumberland County Courthouse, on the comer of. High and Hanover Street, Carlisle,
.. Pennsylvania. .
,
,
TO:
J raon J. Shipman, E uire
William P. Dougla$, Esquire
Attorney for Plaintiff
27 West High Street
P.O. Box 261
Carlisle, PA 17013
Stephen J, Hogg, Esquire
Arbitrator
19 Hanover Street
Carlisle, PA 17013
Andrew Norfleet, Esquire
Arbitrator
P.O. Box 5300
Harrisburg, PA 17110
Court Administrator's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Albert Peterlin, Esquire
Arbitrator
Gate, Halbruner & Hatch
1013 Mumma Road
Suite 100
Lemoyne, PA 17043
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, 06~/2005 09:53 FAX
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JDS&W
JERRY R. DUFFlE
RiCHARD W, STEWART
C. ROY WEIDNER: jR-
EDMUND G. MYERS
DAVID W, DELuCE
IOHN A, STATLER
lEFFERSON I. SIIIPMAN
RALPH H, WRIGHT. jR,
MAlIK C, DUF.FIE
IOHN R. NINOSKY
MICHAEL I, CASSIDY
MELISSA-PEEL GRBEVY
ROBERT M. WALKER
WADED, MANLEY
J; OHNSON
DUFFIE
June 22, 2005
:VlaFacslmlle and First Class Mall
. William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 west High Stree!
Carlisle, PA 17013
Albert Peterlin, Esquire
Arbitrator
Gate, Halbruner & Hatch
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Andrew Norfleet, Esquire
Arbitrator
3211 North Front Street
Harrisburg, PA 17110
Stephen J. Hogg, Esquire
Arbitrator
19 Hanover Street
Carlisle, PA 17013
Re: Buxton and Earhart v. Rhoades
No. 01-478 Civil
Dear Counsel:
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OF CoUNSEL
HORACE A, IOHNSON
R LEIi Sf!II'MAN
BRUCE I, GROSSMAN"
'admlUed In NY only
NRI'l'ER:SEX'l', No, 146
E-M..uLleg@jdsw.com .
Enclosed please find a Notice Of Rescheduled Hearing, continning the Arbitration Hearing
for October 7, 2005 at 9:00 A.M.
Thank you for your cooperation and patience in rescheduling this hearing.
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
~C .11~
Unda C. Greenleaf, Paralegal
to Jefferson J. Shipman
Enclosure
cc: Cumberland County Court Administrator
301 MARKET STREET P,O, BOX 109 LEMOYNE, PENNSYLVANIA 17043.0109 .
WWW,IDSWCOM 717,761.4540 FAX: 717.761.3015 MAIL@jDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. i
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,JI!IlIl\' R. DVJlIlm
IlICiJABD W. !J.'EWABT
C. ROY WElDNI!R, JB.
EDMUND G. MYIlBS
DA\IJD W. DIlLUCB
J!lFI'EIISON ,. SlIIPMAN
RALPH H. WIKlHT. JB.
MARK C. DIlJlFIIl
JOlIN Il.l'lINOm'
MlCllAllLJ.CMSIDY
MIlUSSA PIlIlL GBl!EVY
IloBBRT M. WALlER
WAn\! D. MANLIlY
J)iNSON
DUFFIE
0Jl ColINSIlI.
HOIIACB A. JORNsoo
F. LBB 8IIIPMAN
BtIUCIl J. GllO&SlI1AN'
_In NY ooljo
FAX COVER LETTER
TO: William P. Vouglall, Esquire
Fax: (717) 243-8955
Stephen J. Hogg, Esquire
Fax: (717) 245-0829
Albert Peterlin, Esquire
Fax: (717) 731-9627
Andrew Norneet, Esquire
Fax: (717)234-9478
FROM: Linda C. Greenleaf, Paralegal
RE: Buxton v. Rhoades - Arbitration Hearing
DATE: June 22, 2005
~'It'lrH**1H'***********.*************....*****~****..*****~********.***,*.""**********,***,, ,,"**,**,**..*****A LJ,J..LA Al4
Attached is Notice Of Rescheduled Hearing.
~01 MA1lIlIlT ST\II!I!T P.O. Box 109 LBMOYNti, PIlNNSYLVANIA 17043.0109
www.jDsw.COM 717.761.4540 FAX: 717.761.3015 !lIAILeJDsw.coM
JOHNSON, DUFFIE, STEWART &: WEIDNER, P,C.
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Jefferson J.Shipman, Esquire
LD. #: 51785
GOLDBERG, KATZMAN & SHIPMAN,
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
P.C.
JANE BUXTON and
DONNA EARHART,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
CIVIL ACTION - LAW
Defendant
2001-478 CIVIL TERM
JURY TRIAL DEMANDED
BRIAN RHOADES,
NOTICE
TO THE PLAINTIFFS:
You are hereby notified to plead to the enclosed New Matter
and Cross Claim within twenty (20) days from the date of service
hereof, or a default judgment may be entered against you.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
f e son J. Ship an, Esquire
ttorney I.D. No. 51785
John R. Ninosky, Esquire
Attorney I.D. 78000
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant
DATE:
81969.1
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Jefferson J.Shipman, Esquire
I.D. #: 51785
GOLDBERG, KATZMAN & SHIPMAN,
320 Market street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
P.c.
JANE BUXTON and
DONNA EARHART,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
CIVIL ACTION - LAW
BRIAN RHOADES,
Defendant
2001-478 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT
AND NOW, comes Defendant, Brian Rhoades, by and through his
counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer
with New Matter by respectfully stating the following:
1. Denied. After reasonable investigation the Defendant
is without sufficient information or information to form a belief
as to the truth of the averments of this paragraph and the same
are therefore denied.
2. Denied. After reasonable investigation the Defendant
is without sufficient information or information to form a belief
as to the truth of the averments of this paragraph and the same
are therefore denied.
3. Admitted.
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4. Denied. The averments contained in this Paragraph are
conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
5. Denied. The averments contained in this Paragraph are
conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
6. Denied. The averments contained in this Paragraph are
conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
7. Denied. The averments contained in this Paragraph are
conclusions of law to which no response is required. If a
response is deemed to be required, the averments contained
therein are specifically denied.
8. Denied. The averments contained in this Paragraph,
including subparagraph (a) through (d) are conclusions of law to
which no response is required. If a response is deemed to be
required, the averments contained therein are specifically
denied.
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COUNT I
Jane Buxton . Brian Rhoades
9. The answers to paragraphs 1 through 8 are incorporated
herein by reference as though fully set forth.
10. Denied. This paragraph, including subparagraphs (a)
through (g) are denied pursuant to Pa. R.C.P. 1029(e).
11. Denied. This paragraph is denied pursuant to Pa.
R.C.P. 1029 (e) .
12. Denied. This paragraph is denied pursuant to Pa.
R.C.P. 1029 (e) .
13. Denied. This paragraph is denied pursuant to Pa.
R.C.P. 1029 (e) .
14. Denied. This paragraph is denied pursuant to Pa.
R.C.P. 1029 (e) .
WHEREFORE, Defendant respectfully requests that Plaintiffs'
Complaint be dismissed with prejudice, and that judgment be
entered in his favor.
COUNT II
Donna Earhart v. Brian Rhoades
15. The answers to paragraphs 1 through 14 are incorporated
herein by reference as though fully set forth.
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16. Denied. This paragraph, including subparagraphs (a)
through (c) are denied pursuant to Pa. R.C.P. 1029(e).
17. Denied. This paragraph is denied pursuant to Pa.
R.C.P. 1029 (e) .
20. Denied. This paragraph is denied pursuant to Pa.
R.C.P. 1029(e).
WHEREFORE, Defendant respectfully requests that Plaintiffs'
Complaint be dismissed with prejudice, and that jUdgment be
entered in his favor.
NEW MATTER
21. Plaintiffs' claims and or alleged losses may be barred
by the applicable statute of Limitations.
22. Plaintiffs' Complaint fails to state a claim upon which
relief can be granted.
23. Plaintiffs' claims and/or alleged losses may be barred
by the "Limited Tort Option" of the Pennsylvania Motor Vehicle
Financial Responsibility law.
24. If Defendant is found negligent, any negligence being
expressly denied, such negligence was not a substantial factor in
causing the alleged injuries to Plaintiffs.
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25. Plaintiffs claims and/or alleged losses may be barred
by the Pennsylvania Comparative Negligence Act.
WHEREFORE, Defendant, Brian Rhoades, respectfully requests
that This Honorable Court enter judgment in his favor and dismiss
Plaintiffs' Complaint with prejudice.
o
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
ipman, Esquire
ttorney I.D. No. 51785
John R. Ninosky, Esquire
Attorney I.D. 78000
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant
DATE; 7 / ?-2--/0 2.. .
81969.1
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VERIFICATION
I, Brian Rhoades, am a Defendant in the this matter, and I
hereby acknowledge that I have read the foregoing Answer with New
Matter; and that the facts stated therein are true and correct to
the best of my knowledge, information and belief.
I understand that any false statements herein are made
subject to penalties of 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities.
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Brian Rhoades
Date:
81970.1
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of
the foregoing document upon all parties or counsel of record by
depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania,
~
j.J.. day
with first-class postage prepaid on the
~
, 2002, addressed to the following:
William P. Douglas" Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
J f erson J. Sh Esquire
.0. Box 1268
Harrisburg, PA 17108
Attorneys for Defendant
Telephone: (717) 234-4261
79768.1
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DOUGLAS, DOUGLAS & DOUGLAS
27 W. HIGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
WILLIAM P. DOUGLAS, ESQ.
Supreme Court I.D.# 37926
GEORGE F. DOUGLAS, III, ESQ.
Supreme Court I.D.# 61886
''j'ANE..BuxtoN'..ANts.............'''....'''.,..................T....IN.liiE:.coU'RT"oF'COMMON'PLEAS'OP"":
DONNA EARHART 1 CUMBERLAND COUNTY j
: PENNSYLVANIA
PLAINTIFF!
VS
No. 2001-478
BRIAN RHOADES
CIVIL ACTION LAW
fURY TRIAL DEMANDED
.....................................................................................................................................................................................................................
DEFENDANT 1
PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER
21. through 25. Denied pursuant to PA R.c.P. 1029 (e).
WHEREFORE, it is prayed that that Defendant's New Matter be
dismissed and judgment be entered in favor of the Plaintiffs.
Date: July 30, 2002
W~~.O
by
William P. Douglas,
Attorney for Plaintiffs
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This verification is made pursuant to Pa.RC.P 1024(c) by counsel for the plaintiff.
To the best of the signer's knowledge, information and belief, the foregoing is
true and correct.
Dated: July 30, 2002
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William P. Douglas
Attorney for plaintiffs
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27 W. IDGH ST.
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TELEPHONE 717-243-1790
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WILLIAM p, DOUGLAS. ESQ,
Supreme Court I.D,# 37926
GEORGE F, DOUGLAS, nr, ESQ,
Supreme Court I.D.# 61886
JANE BUXTON,
108 NOVEMBER DRIVE
CAMP Hill, PA 17011,
AND
DONNA EARHART,
27 EAST GATE DRIVE
CAMP Hill, PA 17011,
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i IN THE CoURT OF CoMMON PLEAS a= i
OJMBERLAND CoUNlY PENNSYLVANIA I
2001 - "/7/1
CIVil TERM
PLAINTIFF I
VS QVIL ACTION lAW I
BRIAN RHOADES,: I:"",
2008 PRINCETON AVENUE
I CAMP Hill, PA 17011, i
, DEFENDANT :
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To: Curtis R. Long, Prothonotary
PRAECIPE
Please issue a writ of summons in a civil action against the within-named
defendant, Brian Rhoades.
DOUGLAS, DOUGLAS & DOUGLAS
Date: January 23,2001
by'" - ,
Attorney for the Plaintiffs
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Commonwealth of Pennsylvania
County of Cumberland
Jane Buxton
108 November Drive
Camp Hill, Pa. 17011
and
Donna Earhart
27 East Gate DRive
Camp Hill, Pa. 17011
Court of Common Pleas
VB.
No, __:rQ9L-:47~U;;!YJJ.._TI?N\L__________ ~_m
Brian Rhoades
2008 Princeton Avenue
Camp Hill, Pa. 17011
In ___G.:!oyg AgJ'dQ!:d'_illi'_ ___ _ u_______m ______
To __~J:igD_F_~Qg9_~~___________________________
You are hereby notified that
_~_~I}~ _A'Pi!=9_'l_!9 13_ J':!Qy~.!!!g~F_ .R!"tY...~L_r.i'!mD_lt:iJ-J~L _P-'!L_ ]']_Q1L_ql)r,L QQI)@_ J~Q:rl:1il;J;:t__ _ _ __ _ ____
27 East Gate Drive, Camp Hill, Pa. 17011
the Plaintiff has commenced an action in _______..c:ivilJ..al.L______u_______________u_h________
against you which you are required to defend or a default judgment may be entered against you,
(SEAL)
.__________s:~!!c~_~:_Jo~~9_____________________
Prothonotaxy
DateJ~r:.~~EL~~.!__~QQ]._m________ lL__
By __~--~-~-----------_--------
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DOUGLAS, DOUGLAS & DOUGLAS
27 W. mGH ST.
POD 261
CARLISLE P A 17013
TELEPHONE 717.243-1790
WILUAM P. DOUGLAS, ESQ,
Supreme Court I.D.# 37926
Jane Buxton and Donna Earhart
PlP.intiffs
In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs
No. 01- 478 Civil Term
Brian Rhoades
Defendant
Civil action law
Jury Trial Demanded
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND flUNG IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND
A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR
ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Uberty Sqnare
Carlisle PA 17013 717-249-3166
BY
DATE: June 3, 2002
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1
Complaint
1. The plaintiff, Jane Buxton, is an adult individual residing at 309 Sweet
Arrow Lake Rd. Pine Grove, Pennsylvania.
2. The plaintiff, Donna Earhart, is an adult individual residing at 27 East
Gate Drive, Camp Hill, Cumberland County Pennsylvania.
3. The Defendant, Brian Rhoades, is an adult individual residing at 2008
Princeton Avenue, Camp Hill, Cumberland County, Permsylvania.
4. On or about, January 23, 1999, the plaintiff Donna Earhart and her
passenger Jane Buxton were stopped at a traffic light in Cumberland
County, Pennsylvania.
5. At about the same time and place, the defendant was operating his vehicle
on the same roadway as the vehicle occupied by the plaintiffs.
6. The defendant failed to stop for the vehicle occupied by the plaintiffs, and
as a result, struck the rear of said vehicle.
7. The impact occurred as a direct and proximate result of the defendanfs
negligence.
8. The defendant was negligent in the following respects:
a) failing to maintain a proper lookout;
b) failing to drive within the assured clear distance ahead;
c) failing to operate his vehicle in a safe and prudent manner;
d) failing to stop his vehicle before he collided with the plaintiff.
Count 1 Jane Buxton v Brian Rhoades
9. The allegations in paragraphs 1 through 8 are incorporated herein and
reference is made thereto.
10. As a direct and proximate result of the negligence of the defendant the
plaintiff, Jane Buxton, was injured. Her injuries, and/ or aggravation of her
pre-existing condition(s), include but are not lirnited to:
a) injury to her nerves and nervous system;
b) injury to her spine and supporting structures;
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c) chronic pain;
d) amplified pain and ringing/ screeching in ears;
e) cervicobrachial syndrome
f) cervicalgia
g) Lumbago
11. As a result of her injuries, the plaintiff has incurred medical expenses in
the past and may continue to incur the same in the future in amounts that
may not be covered by the Pennsylvania Motor Vehicle Financial
Responsibility Act.
12. As a result of her injuries, the plaintiff has incurred pain and suffering and
may continue to incur the same in the future.
13. As a result of her injuries, the plaintiff has incurred aggravation,
inconvenience, possible future disfigurement, disability, and a loss of life's
pleasures, and will continue to incur the same in the future.
14. As a result of the injuries the plaintiff sustained on January 23, 1999, the
plaintiff may have lost wages and the plaintiff's economic horizons may
be limited.
Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the
defendant in an amount in excess of that requiring compulsory referral to arbitration. A
jury trial is hereby demanded.
Count 2 Donna Earhart v Brian Rhoades
15. The allegations in paragraphs 1 through 8 are incorporated herein and
reference is made thereto.
16. As a direct and proximate result of the negligence of the defendant the
plaintiff, Donna Earhart, was injured. Her injuries, and/ or aggravation of
her pre-existing condition(s), include but are not limited to:
a) injury to her nerves and nervous system;
b) injury to her spine and supporting structures;
c) head, neck, shoulder, jaw and wrist pain
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As a result of her injuries, the plaintiff has incurred medical expenses in
the past and may continue to incur the same in the future in amounts that
may not be covered by the Permsylvania Motor Vehicle Financial
Responsibility Act.
18. As a result of her injuries, the plaintiff has incurred pain and suffering and
may continue to incur the same in the future.
17.
19. As a result of her injuries, the plaintiff has incurred aggravation,
inconvenience, possible future disfigurement, disability, and a loss of life's
pleasures, and will continue to incur the same in the future.
20. As a result of the injuries the plaintiff sustained on January 23, 1999, the
plaintiff may have lost wages and the plaintiff's econornic horizons may
be limited.
Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the
defendant in an amount in excess of that requiring compulsory referral to arbitration. A
jury trial is hereby demanded.
Respectfully subrnitted,
~~.
June 3, 2002
William P. Douglas, Esq.
Attorney for Plaintiffs
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AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge and/ or information and belief.
1his is made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn
falsification to authorities.
. Q.
William P. Douglas
Attorney for Plaintiffs
Date: May 24, 2002
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RICHARD W STEWART
C. ROY WEIDNER, JR
EDMUND G, MYERS
DAVID W, DElucE
JOHN A. STATLER
JEFFERSON j, SHIPMAN
RALPH H, WRIGHT, JR
MARK C. DUFFIE
JOHN R NINOSKY
MICHAEL j, CASSIDY
MELISSA PEEL GREEVY
ROBERT M, WALKER
WADE D, MANLEY
LAW OFFICES
JOHNSON
DUFFIE
OF COUNSEL
HORACE A. JOHNSON
F LEE SHIPMAN
BRUCE j, GROSSMAN"
"admitted in NY only
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June 22, 2005
Via Facsimile and First Class Mail
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Albert Peterlin, Esquire
Arbitrator
Gate, Halbruner & Hatch
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Stephen J. Hogg, Esquire
Arbitrator
19 Hanover Street
Carlisle, PA 17013
Andrew Norfleet, Esquire
Arbitrator
3211 North Front Street
Harrisburg, PA 17110
Re: Buxton and Earhart v. Rhoades
No. 01,478 Civil
Dear Counsel:
Enclosed please find a Notice Of Rescheduled Hearing, confirming the Arbitration Hearing
for October 7, 2005 at 9:00 A.M,
Thank you for your cooperation and patience in rescheduling this hearing,
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
~C .Jf~
Linda C, Greenleaf, Paralegal
to Jefferson J. Shipman
Enclosure
cc: Cumberland County Court Administrator
301 MARKET STREET PO, BOX 109 LEMOYNE. PENNSYLVANIA 17043.0109
WWWjDSWCOM 717.761.4540 FAX: 717.76L3015 MAIL@jDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, P,C,
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JANE BUXTON
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2001-478
v.
CIVIL ACTION - LAW
BRIAN RHOADES,
Defendant
NOTICE OF RESCHEDULED HEARING
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the
Court in the above-captioned case will meet for the purpose of their appointment on
Friday, October 7, 2005 at 9:00 A.M. in the Second Floor Hearing Room of the Old
Cumberland County Courthouse, on the corner of High and Hanover Street, Carlisle,
Pennsylvania.
Je erson J. Shipman, E uire
TO:
William p, Douglas, Esquire
Attorney for Plaintiff
27 West High Street
P,O, Box 261
Carlisle, PA 17Cl13
Stephen J. Hogg, Esquire
Arbitrator
19 Hanover Street
Carlisle, PA 17013
Andrew Norfleet, Esquire
Arbitrator
P,O. Box 5300
Harrisburg, PA 17110
Albert Peterlin, Esquire
Arbitrator
Gate, Halbruner & Hatch
1013 Mumma Road
Suite 100
Lemoyne, PA 17043
Court Administrator's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
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LAW OFFICES OF
STEPHEN J. HOGG
19 S, HANOVER STREET. SUITE 101
CARLISLE. PENNSYLVANIA 17013
TELEPHONE
(717) 245-2698
Court Administrator's Office
Cumberland County Courthouse
, 1 Courthouse Square
Carlisle, PA 17013-0261
Dear Court Administrators Office,
FAX
(717) 245.0829
April 4, 2005
Re: Jane Buxton v, Brian Rhoades
No, 01-478
Enclosed please a Notice of Hearing by Board of Arbitrators regarding the above
mentioned,
SJH/skc
Sincerely,
Cc: William P. Douglas, Esquire
Jefferson J. Shipman, Esquire
Albert Peterlin, Esquire
Andrew Norfleet, Esquire
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Jane Buxton
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 01-478
Plaintiff
v.
CIVIL ACTION-LAW
Brian Rhoades
Defendant
NOTICE OF HEARING BY BOARD OF ARBITRATORS
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the
Court in the above-captioned case will set for the purpose of their appointment on
Wednesday, May 4, 2005 at 9:00 a.m. in the Second Floor Hearing Room of the Old
Cumberland County Courthouse, on the corner of High and Hanover Street, Carlisle,
Pennsylvania,
TO: -
By'
Stephen J. H
William p, Douglas, Esquire
Attorney for Plaintiff
27 West High Street
P,O, Box 261
Carlisle, PA 17013
Albert Peterlin, Esquire
Arbitrator
Gate, Halbruner & Hatch
1013 Mumma Road
Suite 100
Lemoyne, PA 17043
Jefferson J, Shipman, Esquire
Attorney for Defendant
Johnson, Duffie, Stewart & Weidner
301 Market Street
P,O, Box 109
Lemoyne, PA 17043-01097
Andrew Norfleet, Esquire
Arbitrator
P. 0, Box 5300
Harrisburg, PA 17110
Court Administrator's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
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Stephen J. Hogg, Esquire
Fax: (717) 245-0829
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Albert Peterlin, Esquire
Fax: (717) 731-9627
Andrew NorOeet, Esquire
Fax: (717)234-9478
FROM: Linda C. Greenleaf, Paralegal
RE: Buxton v. Rhoades - Arbitration Hearing . :~:;"H
DATE: June 17,2005 , ., ,.'"
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Attached is an October calendar. August and September didn't wort<: o.n. Please bircle the dsteSvob';
are available and fax back to me at (717)761-3015.
Thank you,
Linda
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Facsimile Cover Sheet
From: STEPHEN J. HOGG, ESQUIRE
Company: A TTORNEY-A T-LA W
Phone: (717) 245-2698
Fax: (717) 245-0829
To: Linda Greenleaf
Paralegal to Jefferson J. Shipman
FaX#: (717) 761-3015
Date: 06/13/05
Pgs W/Cvr: 2
Comments:
RE: Arbitration Hearing
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JERRY R DUFFIE
RICHARD W STEWART
C. ROY WEIDNER: JR
EDMUND G, MYERS
DAVID W, DELUCE
JOHN A, STATLER
JEFFERSON J, SHIPMAN
RALPH H. WRIGHT, JR
MARK C. DUFFIE
JOHN R NINOSKY
MICHAEL J, CASSIDY
MELISSA PEEL GREEVY
ROBERT M, WALKER
WADE D, MANLEY
LAW OFFICES
JOHNSON
DUFFIE
OF COUNSEL
HORACE A. JOHNSON
E LEE SHIPMAN
BRUCE J, GROSSMAN'
'"admitted in NY only
WHJTER'S 1<;XT NO, 1,1<;
E-A-lA1L 1cg'(<<jd:-;w,com
June 9, 2005
.. William p, Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Albert Peterlin, Esquire
Arbitrator
Gate, Halbruner & Hatch
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Stephen J, Hogg, Esquire
Arbitrator
.. 19 Hanover Street
Carlisle, PA 17013
Andrew Norfleet, Esquire
Arbitrator
3211 North Front Street
Harrisburg, PA 17110
Re: Buxton and Earhart v. Rhoades
No. 01-478 Civil
Dear Counsel:
Due to a conflict in Mr. Shipman's schedule, we are rescheduling the Arbitration Hearing that
Was set for July 7, 2005 at 9:00 A.M. Enclosed please find August and September calendars.
Please put an "X" over the dates that you are not available and return to me as so.on as possible.
Thank you.
Very truly yours,
JOHN~ON, DUFFIE, STEWART & WEIDNER
vY~ C)f~
Linda C, Greenleaf, par~legal
to Jefferson J. Shipman
Enclosure
301 MARKET STREET EO, BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109
WWWjDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, P,C,
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Facsimile Cover Sheet
From: STEPHEN J. HOGG, ESQUIRE
Company: ATTORNEY-AT-LAW
Phone: (717) 245-2698
Fax: (717) 245-0829
To: Linda
FaX#: 761-3015
Date: 06/09/05
Pgs W/Cvr: 2
Comments:
RE: Buxton v. Rhoades Arbitration
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Arbitration - Jane Buxton v. Brian Rhoades
No, 01-478
Court Administrator - 240-6200
Arbitrators -
Albert Peterlin, Esq, - 73 I - q (000 -
Sro-..,. '7 51 -'1 (; (1..1
Andrew Norfleet - 238-8187
Schedule with Susan Boyer
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Attornev for Plaintiff -
William Douglas - 243-1790
s~~Q...~e. [,Ul01 Mf'\
Attornev for Defendant
Jefferson J. Shipman - 761-4540
Schedule with Linda
Chair
stephen J. Hogg - 245-2698
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Facsimile Cover Sheet
From: STEPHEN J. HOGG, ESQUIRE
Company: A TTORNEY-A T-LAW
Phone: (717) 245-2698
Fax: (717) 245-0829
To:
Susan Boyer
FaX#:
234-9478
Date:
04/14/05
Pgs W/Cvr: 2
Comments:
Buxton v. Rhoades Arbitration
Susan, Here is the information you will need for
rescheduling the Arbitration.
If you have any questions or need additional
information I can be reached at 245-2698.
Sue Castles
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Facsimi e Cover Sheet
From: STEPH N J. HOGG, ESQUIRE
Company: TTORNEY-A T-LA W
Phone: (717) 245-2698
Fax: ( 17) 245-0829
To:
Albert Peterlin, Esq.
FaX#:
731-9627
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Date: 04/07/05
Pgs W/Cvr: 2
Comments: Jeff, Here is the list of contacts for the
Arbitration 0 be rescheduled.
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DOUGLAS LAW OPFICE
27 W. IDGH ST.
POB 261
CARLISLE P A 17013
TELEPHONE 717-243-1790
WILLIAM P. DOUGLAS. ESQ,
Supreme Court LD ,# 37926
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,...... .....................
i JANE BUXTON
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
VS
No.Ol-478 CIVIL TERM
i BRIAN RHOADES
DEFENDANTS
CIVIL ACTION LAw
ORDER OF COURT
AND NOW, ~ tU/ L 13 ,2005, in
consideration of the foregoing Petition, /~ /.10 t;e/
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Esquire, II J In ({ h iA.biu , Esquire, and #/Jtthuu ~~
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as prayed for.
By the Court,
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DOUGLAS LAW OPFICE
27 W.IDGH ST.
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TELEPHONE 717-243-1790
WILLIAM P. DOUGLAS. ESQ,
Supreme Court LD ,# 37926
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I JANE BUXTON
VS
PLAINTIFFS I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No.Ol-478 CIVIL TERM
J BRIAN RHOADES
,.......""..'....mmm'..".."......""m"........mm..""m..........'.."m~~'~'~~,~~~~'~.Jmmmmmmm"""..'m......,~,I~I~,,~:I,~:,..'~~:.mmmm"....m"mmmmmm"mi
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
WILLIAM P. DOUGLAS, ESQUIRE, counsel for the plaintiff in the above
action respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $25,000 or less, plus costs.
The following attorneys are interested in the case as counselor are
otherwise disqualified to sit as arbitrators:
Jefferson J. Shipman, Esquire, for Defendant
WHEREFORE, your petitioner prays your Honorable Court to appoint
three (3) arbitrators to whom the case shall be submitted.
Respectfully submitted,
Douglas Law Office
By ~
Williarn P. Douglas, Esquir
27 W. High St.
Carlisle, P A 17013
717-243-1790
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00478 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BUXTON JANE ET AL
VS
RHOADES BRIAN
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland county,pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
RHOADES BRIAN
the
DEFENDANT
, at 0019:55 HOURS, on the 24th day of January , 2001
at 2008 PRINCETON AVE
CAMP HILL, PA 17011
by handing to
BRIAN RHOADES
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.06
.00
10.00
.00
36.06
;;i2:~~~~t
R. Thomas Kline
01/26/2001
DOUGLAS, DOUGLAS & DOUGLAS
Sworn and Subscribed to before
By:
AYff
me this /A-i- day of
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Jefferson J.Shipman, Esquire
1.D. #: 51785
GOLDBERG, KATZMAN & SHIPMAN,
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
P.c.
JANE BUXTON and
DONNA EARHART,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
CIVIL ACTION - LAW
BRIAN RHOADES,
2001-478 CIVIL TERM
JURY TRIAL DEMANDED
Defendant
PRAECIPE
TO THE PROTHONOTARY:
PLEASE ENTER the appearance of the undersigned on behalf of
the Defendant, Brian Rhoades, in the above-captioned matter.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
DATE: 1JJ.b1 J)~:Ju5J-
79763.1 '---d
f rson J. Ship n, Esquire
3 0 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of
the foregoing document upon all parties or counsel of record by
depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage prepaid on the
I7J'~ay of ~ ' 2002, addressed to the following:
William P. Douglas" Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
son J. Shipman,
P.O. Box 1268
Harrisburg, PA 17108
Attorneys for Defendant
Telephone: (717) 234-4261
"19768.1
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Jefferson J.Shipman, Esquire
1.D. #: 51785
GOLDBERG, KATZMAN & SHIPMAN,
320 Market street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
P.C.
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JANE BUXTON and
DONNA EARHART,
Plaintiffs
vs.
BRIAN RHOADES,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2001-478 CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE
Please issue a Rule upon the Plaintiff to file a Complaint
within twenty (20) days after service hereof, or suffer judgment
of non pros.
DATE: /ft..4; J.J.., ~'J...
GOLDBERG, KATZMAN & SHIPMAN, P.C.
rson J. Shi man, Esquire
20 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
RULE
TO: William P. Douglas, Esquire
27 West High Street
Carlisle, PA
Attorney for Plaintiff
A Rule is hereby issue'dupon Plaintiff to file a Complaint
against Defendants within t'vlEipty (20) days of service hereof, or
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suffer j udg'ineyii qf' nonpJ;'os." ' ,
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DATE fYl.:a.y .;2.1 .;tlX:> ;;l"
79766.1 l
Curt Long, Prothono
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of
the foregoing document upon all parties or counsel of record by
depositing a copy of same in the United states Mail at
Harrisburg, Pennsylvania,
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2LdaYOf~
William P. Douglas" Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
79768.1
with first-class postage prepaid on the
, 2002, addressed to the following:
GOLDBERG, KATZMAN & SHIPMAN, P.C.
son J Shipman, Esquire
P.O. Box 1268
Harrisburg, PA 17108
Attorneys for Defendant
Telephone: (717) 234-4261
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Jefferson IShiprnan, Esquire
LD, #: 51785
GOLDBERG, KATZMAN & SHIPMAN, P,C,
320 Market Street
p.o, Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
JANE BUXTON and
DONNA EARHART,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
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vs.
CIVIL ACTION - LAW
BRIAN RHOADES,
Defendant
2001-478 CIVIL TERM
JURY TRIAL DEMANDED
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, Defendant hereby certifies that:
(1) A Notice Of Intent To Serve A Subpoena, with copies ofthe subpoenas attached
thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the
date on which the subpoenas were sought to be served;
(2) A copy of the Notice OfIntent, including the proposed subpoenas, is attached to
this Certificate;
(3) No objection to the subpoenas has been received; the twenty day waiting period
was waived;
(4) The subpoenas to be served are identical to the subpoenas attached to the Notice
Of Intent.
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GOLDBERG, KATZMAN & SHIPMAN, p,c.
By
Date: 9/4/ OJ..
Jeffe n J. Shipman, Esquire
LD, #: 51785
320 Market Street
P,O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all counsel of record by depositing the same in the United States Mail, first-class, postage
prepaid, at Harrisburg, Pennsylvania, on the
if7+,
day of S'ep-teM be (' ,2002,
addressed as follows:
William p, Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
GOLDBERG, KATZMAN & SIllPMAN, P,C,
By
Jefferson 1. Shipman, Esquire.
I.D, #: 51785
320 Market Street
P,O, Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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Jefferson ],Shipman, Esquire
1.0, #; 51785
GOLDBERG, KATZMAN & SHIPMAN, p,c.
320 Market Street
p,O, Box 1268
Harrisburg, PA 17108-1268
'Telephone; (717) 234-4161
Attorneys for Defendant
JANE BUXTON and
DONNA EARHART,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
BRIAN RHOADES,
Defendant
2001-478 CIVIL TERM
: JURYTRlALDEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: William P. Douglas" Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
PLEASE TAKE NOTICE that Defendant intend to serve five subpoenas identical to the ones
that are 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, Ifno objection is made,
the subpoenas may be served,
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Jefferson 1. Shipman, Esquire
I.D. #: 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all counsel of record by depositing the same in the United States Mail, certified, postage
'J +h
prepaid, at Harrisburg, Pennsylvania, on the d (n
day of H/.,( cr (f ,,f , 2002,
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addressed as follows:
William p, Douglas" Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
GOLDBERG KATZMAN & SHIPMAN, P.C.
By
Jefferson J. Shipman, Esquire
I.D. #: 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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, <XMDNWEI\LTH OF PENNSYLVANIA
aJUNTY OF alMBERLAND
Jane Buxton and Donna Earhart,
Plaintiffs
vs.
File No. 2001-478
Brian Rhoades,
Defendant
SUBPOENA TO PROOlX;E DOCl.t1ENTS OR TIi I NGS
FOR DISCX>VERY PURSUANT TO RULE 4009.22
TO: Todd Samuels, M. D.
(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 ~edical records, reports, correspondence,
B SSN 181 32 3693 DOB: 'J/l//;J'j .
diagnostic test results pertaining to Jane uxton : --
at Goldberjl;, Katzman & Shipman, 320 Market Street, P.O.Box 1268, Harrisburg, PA 17T01r-=I~
( 'Iddress )
You may del iver or mail legib le cooies of the docunents or produce things requested oy
this subpoena, together with the certificate of carpliance, to the party making this
request at the addr<<ss 1 isted above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you fail
(20) days after
<Xl1i'>e 11 kg you to
to produce the docunents or
its service, the party
carply with it.
things required by this subpoen3. within twenty
serving this subpoena IT'ay seek a court order
THIS SUBPOENA WAS ISSUED AT TIiE REQUEST OF IHE F<X..LCNlING PERSON:
Jefferson J. Shipman, Esquire
NAME:
ADDRESS: Goldberg, Katzman & Shipman, P.C.
-320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268
TELEPHCt<E: ]17-1J~-~16J
SUPREME COURT 10 # 51785
ATTORNEY FOR: Defendant
BY IHE COJRT:
Prothonotary/Clerk, civil Division
DATE:
Seal of the Court
Deputy
(Eff. 1/97)
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COUNl'Y OF aJMBERU\ND
Jane Buxton and Donna Earhart,
Plaintiffs
Fi 1e No. 2001-478
vs.
Brian Rhoades,
Defendant
SUBPOENA TO PR<lOl.cr DOO..l'-ENTS OR TH I NGS
FOR D I SCX>VERY PURSUANT TO RULE 4009. 22
TO: Georl!;e R.Roth, M.D.
(N<me 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: ~ny and all ~edical records, reports, correspondence,
n;~gnnR~;~ test results pertaining to Jane Buxton SSN: 181-32-3693 DOB 5/17/39
Shipman, 320 Market Street, I'.U. nox. 12611, lI:aLL.L"huLg, PA 1'HG8-~
at Goldberg, Katzman &
(t;ddress)
You may deliver or mail legible cooies of the documents or produce things requested ~y
this subpoena, together with the. certificate of ccrrpliance, to the party making this
request at the addr",ss 1 isted above. You have the right to seek in advance the reasonab 1e
cost of preparing the copies or producing the things sought.
If you fail
(20) days after
c:arPe 11 i r:g you to
to produce the docunents or
its service, the party
emply with it.
things required by this subpoen~ within twenty
serving this subpoena rray seek a court order
TH I S SUBPOENA WAS I SSUED AT THE REQJ€ST OF THE FOLLOH I NG PERSON:
NA/'E: Jefferson J. Shipman, Esquire
AODRESS:~_1dberg, Katzman & Shipman, P.C.
320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268
TELEPH:JNE: 117-234-4161
SUPREME COURT 10 # 51785
A ITORNEY FOR: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
DATE:
Sea 1 of the Court
Deputy
(Eff. 7/97)
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~TH OF PENNSYLVlINTh
COONJ"{ OF CUMBERL'\ND
Jane Buxton and Donna Earhart,
Plaintiffs
vs.
Fi 1e No. 2001-478
Brian Rhoades,
Defendant
SUBPOENA TO PR()()(XE'DOC:l.M:NTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Norman Woldorf, H.D.
(Na:ne of Person or Entity)
within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all medical'records, reports, corresppndence,
Ssu 181 32 3693 DOB 5/17/39
di"gJ1o"ti.~~esults pertaining to Jane Buxton "': --
Ok t S t P.O. Box 12b~, tlarr~sbuLg, FA 17108 12&8
at Goldberg, Katzman & Shipmarr;,32 Mar e tree,
( t>,ddress )
You may deliver or mail legible cooies of the documents or produce things requested ~y
this subpoena, together with the certificate of carpliance, to the party making this
request at the addr<,ss 1 isted above. You have the right to seek in advance the reasonab le
cost of preparing the copies or producing the things sought.
If you fail
(20) days after
ccrrPe 11 ing you to
to produce the doctrnents or
its service, the party
carp1y with it.
things required by this subpoen~ within twenty
serving this subpoena rrey seek a court order
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF iHE FOLLCWING PERSON:
NA/'E: Jefferson J. Shipman, Esquire
ADDRESS:_~ldberg, Katzman & Shipman, P.C.
320 Market jit:., P.O. Box 1268, Harrisburg, FA 17108-1268
Tt:lEPH:JNE: 117-234-4161
SUPREME COURT 10 # 51785
ATTORNEY FOR: Defendant
BY 1HE COURT:
Prothonotary/Clerk. Civil Division
DATE:
Seal of the Court
Deputy
(Eff. 7/97)
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aN-IJNWEI\LTH OF PrnNSYLVANIA
axJNTY OF 0JMBrnLI\ND
Jane Buxton and Donna Earhart,
Plaintiffs
File No. 2001-478
vs.
Brian Rhoades,
Defendant
SUBPOENA TO PR()()LK;E DOCLt1ENTS OR lH I NGS
FOR 0 I SO)VERY PURSUANT TO RUlE 4009. ~2
TO: 'fI~~l1-'h~nl1rn "Rpbab Center
(N<rne of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all medical records, reports, co=espondence,
iiagnoGtic test results pertaining to J~e Buxton SSN: 181-32-3693 DOB: 5/17/39
:l.db Ka & Sh" 320 Market Street, P.O. Box 1268, Harrisbnrg, PA 17108-1268
at Go erg, tzman 1pman,
(Address)
You rray deliver or mail legible cooies of the docunents or produce things requested by
this subpoena, together with the certificate of carpliance, to the party making this
request at the addr<,:ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
t f you fai 1 to produce the docunents or things required by this subpoerl3. within twenty
(20) days after its service, the party serving this subpoena l1'ay seek a court order
c::arPellir:g you to carply with it.
TH I S SUBPOENA WAS t SSUED AT THE REQJEST OF THE FOLLOr'II NG PERSON:
IIA/'E: ,Jefferson J. Shipman, Esquire
!>DORESS: Goldberg, Katzman & Shipman, Esquire
, 110 Market St.. P.O. Box 1268, Harrisburg, PA 17108-1268
rELEPHONE: 717-114-4161
>U>REf'o'IO ~T ID It 51785
\TTORNEY FOR: Defendant
BY THE ~T:
Prothonotary/Clerk, Civi I Division
.ATE:
Sea 1 of the CclI.r.t
Deputy
(Eff. 1/97)
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<XlMMJNWE2\LTH OF PlliNSYLVANIA
0JUNrY OF aJMBEmJ\ND
, Jane Buxton and Donna Earhart,
plaintiffs
vs.
Fi Ie No. 2001-478
Brian Rhoades,
Defendant
SUBPOENA TO PRODUCE lXX:l..t'ENTS OR lH I NGS
FOR D I SCX>VERY PURSUANT TO RULE 4009.22
TO: Dr JlrYIJ~rn "Rl\.Y r.ohen
(Hane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all medical records, repor~s, ,correspondence,
diagnostic test results pertaining to Jane Buxton SSN: 181-32-3b~3 llU~: j,17,39
h. 320 U~rket Street, P.G.Box 1268, Rarr1sburg, YA 11108 1168
at Goldberg, Katzman & S 1pman, ,-
(....ddress)
You may deliver or mail legible cooies of the docunents or produce things requested by
this subpoena, together with' the certificate of carpliance, to the party making this
request at the addroE'ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fail to produce the docunents or things required by this subpoen'3. within twenty
(20) days after its service, the party serving this subpoena Imy seek a court order
co:ri'>e 11 i r:g you to ccrrp 1 y wi th it.
TH I S SUBPOENA WAS 1 SSUED AT lHE REQUEST OF 1HE FOLLON I NG PERSON:
NAME: Jefferson J. Shipman, Esquire
ADDRESS: Goldberg, Katzman & Shipman, PoCo
320 Market St., PoG.Box 1268, Harrisburg, PA 17108-1268
TELEPHONE: 717-234-4161
SU'REI"E cx:un 10 # 51785
A ITORNEY FOR: Defendant
BY 1HE <XlUlT:
Prothonotary/Clerk. Civi I Division
)ATE:
Seal of the Court
Deputy
(Eff 0 7/97)
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Jefferson J. Shipman, Esquire
I.n #: 51785
GOLDBERG, KATZMAN & SHIPMAN, P,C,
320 Market Street
P,O, Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
JANE BUXTON and
DONNA EARHART,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION -LAW
BRIAN RHOADES,
Defendant
2001-478 CIVIL TERM
JURY TRIAL DEMANDED
CERTIFICATE
PREREOUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009,22, Defendant hereby certifies that:
(1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoena attached
thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the
date on which the subpoena was sought to be served;
(2) A copy of the Notice OfIntent, including the proposed subpoena, is attached to
this Certificate;
(3) No objection to the subpoena has been received; the twenty day waiting period
was waived;
(4) The subpoena to be served is identical to the subpoena attached to the Notice Of
Intent.
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By
Jefferson 1. Shipman, Esquire
I.D. #: 51785
320 Market Street
P,O, Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all counsel of record by depositing the same in the United States Mail, first-class, postage
prepaid, at Harrisburg, pennsylvania, on the ,_(fA day of Sef-lem be (' ,2002,
addressed as follows:
William p, Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
GOLDBERG, KATZMAN & SHIPMAN, P,C.
By
Jefferson 1. Shipman, Esquire
ID. #: 51785
320 Market Street
P,O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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Jefferson 1 Shipman, Esquire
LD, #: 51785
GOLDBERG, KATZMAN & SHIPMAN, P,C,
320 Market Street
P,O, Box 1268
Harrisburg, P A 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
JANE BUXTON and
DONNA EARHART,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUJv.!BERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
BRIA1'J RHOADES,
Defendant
2001-478 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: WilliamP, Douglas" Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
PLEASE TAKE NOTICE that Defendant intend to serve a subpoena identical to the one that
is attached to this notice, You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the subpoena, If no objection is made, the
subpoena may be served,
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all counsel of record by depositing the same in the United States Mail, certified, postage
prepaid, at Harrisburg, Pennsylvania, on the
;) q+fi day of Ii {,;, (j I), S t , 2002,
J
addressed as follows:
William p, Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, p,c.
By
Jefferson 1. Shipman, Esquire
LD, #: 51785
320 Market Street
P,O, Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
Date 'i? /dq J cJ ~
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TZMAN & SHlPMAN, p,c.
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Jefferson J. Shipman, Esquire
ID, #: 51785
320 Market Street
P,O, Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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~TH OF PENNSYLVANIA
0J0Nl'Y OF aJMBElliAND
Jane Buxton and Donna Earhart,
Plaintiffs
vs.
File No. 200]-478
Brian Rhoades,
Defendant
SUBPOENA TO PR(){)LX;E DOCl.l1ENTS OR ll-ll t-K>S
FOR D J SOOVERY PURSUANT TO RULE 4009.22
TO: Herd Carver Clinic
(N<m2 of PeI"son 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 medical records, reorts, correspondence,
d;agnn~~jr ~p~~-Iesu1t~rtaining to Donna Earhart SSN: 226-56-9964
at Goldberg, Katzman & Shipman, 320 Market Street, P.O. l\ox 1268, Harrisburg, J'A lTIUlI 1168
(t,ddress)
You rray deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certificate of caTPliance, to the party making this
request at the addr~ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you rail to produce the docunents or things required by this subpoen3. within twenty
(20) days after its service, the party serving this subpoena Il'aY seek a court order
ccni>elling you to caTply with it.
THIS SUBPOENA WAS ISSUED AT ll-lE REQUEST OF ll-lE FOLLo.vlNG PERSON:
NAME: Jefferson J. Shipman, E!lquire
ADDRESs:~].dberg, Katzman & Shipman, P.C.
320 Market St, P.O. Box 1268, Harrisburg, PA 17108-1268
TELEP~~E: 717-234-4161
SWRB'E COJilT 10 :It 51785
ATTORNEY FOR: Defendant
DATE: 1). - d.~ ;;)("'y);)..
- ~f the 'Cou('t -
Prothonotary/Clerk, Division
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Deputy
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Jefferson J,Shipman, Esquire
1.0. #: 51785
GOLDBERG, KATZMAN & SHIPMAN, p.e,
320 Market Street
P.Q, Box 1268
Hanisburg,PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
JANE BUXTON and
DONNA EARHART,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
BRIAN RHOADES,
Defendant
2001-478 CIVIL TERM
JURY TRIAL DEMANDED
CERTIFICATE
PREREOUlSITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Defendant hereby certifies that:
(1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached
thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the
date on which the subpoenas were sought to be served;
(2) A copy ofthe Notice OfIntent, including the proposed subpoenas, is attached to
this Certificate;
(3) No objection to the subpoenas has been received; and
(4) The subpoenas to be served are identical to the subpoenas attached to the Notice
Of Intent.
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Date: ;:; J I J 03
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GOLDBERG, KATZMAN.& SIllPMAN, p,c.
By
Ie son J. Shipman, Esquire
ID. #: 51785
320 Market .street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all counsel of record by depositing the same in the United States Mail, first-class, postage
lut
prepaid, at Harrisburg, Pennsylvania, on the
day of
(V}ay
.2003,
addressed as follows:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
GOLDBERG, KATZMAN & SHIPMAN, P,C,
.
By
Jefferson 1. Shipman, Esquire<
I.D. #: 51785 . ,,'o'o" 'o"
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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Jefferson IShipman, Esquire
ID, #: 51785
GOLDBERG, KATZMAN & SHIPMAN, P,C,
320 Market Street
P,O, Box 1268
Bamsburg, p A 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
JANE BUXTON and
DONNA EARHART,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
BRlAN RHOADES,
2001-478 CIVIL TERM
: JURY TRIAL DEMANDED
Defendant
NOTICE OF INTENT TO SERVE SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: William p, Douglas" Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle,PA 17013
Attorney for Plaintiffs
PLEASE TAKE NOTICE that Defendant intends to serve fifteen subpoenas identical to the
ones that are 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,
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GOLDBERG, KATZMAN & SHIPMAN, p,c.
Date: [f / it) ) () 3
By
Je rson 1. Shipman, Esquire
LD, #: 51785
320 Market Street
P,O, Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all counsel of record by depositing the same in the United States Mail, certified, postage
prepaid, at Harrisburg, Pennsylvania, on the 10-1-1-, day of A [) r I I ,2003,
I
addressed as follows:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHlPMAN, P.C.
By
Jefferson 1. Shipman, Esquire
LD. #: 51785
320 Market Street
P.O, Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendant
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. CD1-H)IME7\L'J1J OF PEl,I.JSYLVAlrrA
COUNTY or OJj.JBERIAIiID
Jane lIuxton and Donna Earhart,
Plaintiffs
v.
File No. 2001-478
Brian llhoades,
Defendant
SUBPDEIJA TO PR<X>tJCE {X>Cll'lENTS OR 1M I NGS
FOR D I SCDVERY PURSUAHT TO RULE 4009,22
TO: Poly<:linic Medical Center/Pinnacle Health System
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the =urt to
produce the following docunents or things: any and all ,medical records, reports, correspondence
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberl!;, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268
(h,ddress)
You may deliver or mail legible copies of the docunents or produce things requested 0Y
this subpoena, together with the c~tificate of carpliance, to the party making this
request at the addr?'ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fai 1
(20) days after
ccrri'>e 11 ir;g you to
to ;oroduce the docunents or
its service, the party
corrp ly with it.
things required by this SUbpoen;l within twenty
serving this subpoena rre.y seek a =urt order
THIS SUBPOENA WAS ISSUED AT 11-lE REQJEST OF TIiE FOLLOI!ING PERSON:
NA!'E: Jefferson J. Shipman, Esquire
bO.1dberg, Katzman t. :;h~pman, P.C.
ADDRESS:
-32l)Market St., 1'.0. !lox l:lbti
u~risburg, PA 17108 1268
TELEPHC)l,E: 117-234-4161
51785
SUPREMO CC!JKT I D 'll
ATTORNEY FOR: Defendant
DATE:_-{krl.il P, .:2Cb)'
s 1 of the CQu,-t
Prothonotary/Clerk, Ci . Division
~o-? o~ P Cyf)..,/24_/y"r
~ Deputy
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. O)l'N)l*,~:;l\LTB OF PEl~"SYLVAN1A
OJUNTY OF CDMJ3ERIAND
Jane BlDIton and Donna Earhart,
Plaintiffs
v.
fi 1 e No. 2001-478
Brian Rhoades,
Defendant
SllBPOEliA TO PR()[)I)CE DOCU:1ENTS OR TH j N3S
FOR D I S<X>\lERY PURSUAIH TO RULE 4009. 22
TO: Bethesda Naval Hospital
(Nane. of Person or Ent ity)
Within twenty (20) days after service of this subpoena, you are ordered by the =urt to
produce the following docunents or things: any and all medical records, reports, correspondence
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268
(b,ooress)
You rray deliver or mail legible cooies of the documents or produce things requested by
this subpoena, together with the certificate of carpliance, to the party making this
request at the addro?,ss 1 isted above. You have the right to seek in advance the reasonab 1e
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or
(20) days after its service, the party
croPellir;g you to =rply with it.
things required by this subpven'" within twenty
serving this subpoena rre.y seek a court order
THIS SUBPOENA WAS ISSUED AT TI-lE REQUEST OF THE FOLLCIIIING PERSON:
NAf'E, Jefferson J. Shipman, Esquire
Guldbeq~,,. ll...alZU1oi':lJl & SI..ipJlli:;l!!.:1 P. c.
ADDRESS:__3Z0. Market St.. P.O. Box ]268
Harrisburg, PA 17108-1268
TELEPrKX,E: 717-234-4161
SUPREM:: <XUlT lD 'Ii 51785
ATTORNEY FOR: Defendant
BY
DATE:_-Qel1Jl PI d{){)..~
S a 1 of the Cou::-t
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. ro'~'lJNWT::JU:,'l'B Of PE1-lJ-JS\'l~\lANTI\
CDlJl\II'Y Of OJHBERlAND
Jane Buxton and Donna Earhart,
Plaintiffs
Fi le No, 2001-478
v.
Brian Rhoades,
Defendant
SlJBPOENA TO PR()[)l)::::E i:XXU1ENTS OR 1111 N3S
FOR D 1 SCDVERY PURSUANT TO RULE 4009.22
TO: Dr. Jack Herd, Herd Carver Clinic
(N<me of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fa 1 1 OI;'i 1<9 docunents or things: any and all medical records, reports, correspondence,
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
from Aug. 1, 2002 to the present
at Goldberj(, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburj(. PA 17108-1268
(".ooress)
~~ rray deliver or mail legible conies of the documents or produce things requested ty
this subpoena, together with the c";"tificate of =rp1iance, to the party making this
request at the addr<>,ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by this subpoen3. within twenty
(20) days after its service, the party serving this subpoena way seek a court order
=rf>e 11 ir:g you to =rp ly with it.
1111S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOIIING PERSON:
NAME: Jefferson J. Shipman, Esquire
liO.ldberg, Katzman I> Sh1pman, P.c.
ADDRESS:
""1"20 Market St., P.O.Box 1268, Harrisburg, PA 17108-1268
TELEPrKX~E: 717-234-4161
SWREl'E COVin ID 'Ij 51785
ATTORNEY FOR: Defendant
DA1E:_ {)--~l, PI...JOu3
~f the Cou,-t
BY )lJ WJRT: (/J
0.IA--/;:;;'.) ?.. ~6fvi" ".
Prothonotary/Clerk, Vll D1V1S1on
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,ro'NJNWEAL11J or PE>JNSYL\I7\NIA
(BOND' or OJMI3ERlI\FlD
Jane Buxton and Donna Earhart,
Plaintiffs
Fi le No. 2001-478
v.
Brian Rhoades,
Defendant
SUBPOENA TO PROOlJCE rx:x:;u1ENTS OR TH I NSS
FOR D I SCDVERY PlJRSUAt>lT TO RULE 4009. 22
TO: Dr. EInor Deleon, Branch Medical Clinic
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all medical records, reports, correspondence,
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberg, Katzman & Shipman, 320 Market St. P.O. Box 1268, Harrisburg, PA 17108-1268
(t,ddress)
You rrey deliver or mail legible copies of the dDcunents or produce things requested ::'y
this subpoena, together with the certificate of carpJiance, to the party making this
request at the addro?.ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fail
(20) days after
cari'>e 11 i r;g you to
to produce the docunents or
its service, the party
carply with it.
things required by this SUbp;:>er1;l within twenty
serving this subpoena!1"6.Y seek a court order
THIS SUBPOENA WAS ISSUED AT 1tlE REQJEST OF mE FOLLCM'ING PH,$ON:
NAlt: .Tefferson T. Shipmau. Esquire
ADDRESS: Goldberg, Katzman & Shipman, P.C.
"'3ZOJ;W:rKet :;t., 1'.U. !lox lZbll, Harrisburg, PA 17108-1268
TELEPmt~E: 717-234-4161
SU?REM:: OYJrIT ID 'Il. 51785
ATTORNEY FOR: Defendant
I
Prothonotary/Clerk, 'i 1 Division
dAO/l,~P .7pt'fl/2C2i.J
Deputy
OATE:_ lJnrL\ l ~ :::{t'hj
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, COi,r'lJl*,'EM.'J'B OF PEl.Jl-lSYLV7\lrrA
OJUNI'Y OF Q)11J3EfUAm)
Jane Buxton and Donna Earhart,
Plaintiffs
v.
file No. 2001-478
Brian Rhoades,
Defendant
SUBPDEHA TO PRCXYJCE DXU1ENTS OR TH I N3S
FOR D I SWVERY PURSUANT TO RULE 4009, 22
TO: Dr. Daniel Parks, Dunham U.S. Army Health Genter
(Nome of Person or Entity)
within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fo 1 lowing docunents or things: any and all medical records, reports, correspondence
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberg, Katzman & Shipman, 320 Market St., P.O.Box 1268, Harrisburg, PA 17108-1268
(.;ooress)
y.c>IJ msy deliver or mail legible copies of the docunents or produce things requested ::'y
this subpoena, together with the certificate of ~liance, to the party making this
request at the addro?,ss listed above. You have the right to seek in advan= the reasonable
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the docunents or
(20) days after its service, the party
~ellir;g you to cai-ply with it.
things required by this subpven" within twenty
serving this subpoena way seek a court order
TH1S SUBPOENA WAS ISSUED AT THE REaJEST OF THE
NAt1E: Jefferson J. Shipman, Esquire
ADDRESS:_~1dberg, Katzman & Shipman, P.G.
320 Market St., P.O. Box 1268, Harrisburg, FA 17108-1268
FOLLOIIING PERSON:
TELEPI-K)l<E: 717-234-4161
SUPREMO a:un lD ~ 51785
ATTORNEY FOR: Defendant
DATE:_ [L-'\l C'h2()6,j
~f tIle ,-t
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,ro.NJl*,'EAL'l11 or PENN.SY1NI\NII\
COIJlm or Q)11BffiIAND
Jane Burton and Donna Earhart,
Plaintiffs
v.
Fi le No. 2001-478
Brian Rhoades,
Defendant
SUBPOEtiA TO PROOJCE DOCLl1ENTS OR ll-ll N3S
FOR D I smVERY PUiiSUAt-IT TO RULE 4009.22
TO: Dr. Katherine Gallagher
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all medical records, reports, correspondence
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268
(4ddress)
~~ rray deliver or mail legible copies of the documents or produce things requested ~y
this subpoena, together with the certificate of carpliance, to the party making this
request at the addr.?ss listed above. You have the right to seek in advance the reasonable
cost of preparing the =pies or producing the things sought.
If you fail
(20) days after
carPe 11 i r:g you to
to produce the docunents or
its service, the party
=ly with it.
things required by this subp;:>en'3. within twenty
serving this subpoena IT'ay seek a =urt order
TIllS SUBPOENA WAS ISSUED AT THE REGUEST Of' THE FOLLOI!ING PERSON:
Jefferson J. Shipman, Esqnire
NAI'E:
ADDRESS:_Go~dberg, Katzman &. Shipman, P.C.
320 Market St., P.O. Box 1268, Harrisburg,
PA 17108-1268
TELEPH8l<E: 717-234-4161
SWREl'E CClJKT lD ~ 51785
ATTORNEY FOR:
Defendant
DATE:
{)p:ri.\.\ ~ JfY~
Sea 1 of tile ,"t
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. O',}?,NJNWEAJ:,'m Of PEHNSYLV7lHIA
WJNTY OF GlMBElUAND
Jane Buxton and Donna Earhart,
Plaintiffs
v.
File No. 2001-478
Brian Rhoades,
Defendant
SUBPOEt-lA TO PR<XIJCE DCX:U1ENTS OR 111 I N3S
FOR D I SCDVERY PlJRSUAHT TO RUlE 4009.22
TO: Dr. Todd Samuels
(N<me of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all medical records, reports, correspondence I
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberg, Katzman & Shipman, 320 Market St., P.o. Box 1268, Harrisbnrg, PA 17108-1268
('Iddress)
You rrs.y deliver or mail legible cooies of tne docunents or produce things requested by
this subpoena, together with the c~tificate of =liance, to the party making this
request at the addr<?ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fail
(20) days after
=pe 11 ir;g you to
to produce the docunents or
its service, the party
=rp1y with it.
things required by this subpven3. within twenty
serving this subpoena lreY seek a court order
1l-ilS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLo.>ilNG PERSON:
Jefferson J. Shipman, Esquire
NAI'E,
ADDRESS:_~.ldberg, Katzman &
320 Market St., P.O.
Shipman, P.C.
Box 1268, Harrisburg, PA 17108-1268
TELEPl-K)!-lE: 717-234-4161
SUPREMO WJKT ID ~ 51785
ATTORNEY Fai:
Defendant
DATE:_~~t2i,L ~;J06\5
Sea 1 of the ,'t
-Ol
':an
:.cl,L
.~ .~~" ~~ "0'. < -L. ,]j:
, O)I'N)NWJ:AL11J OP PEl,JiSYLVANTJ\
OYJNTY OF CUHBEffiAND
Jane Buxton and Donna Earhart,
Plaintiffs
Fi le No, 2001-478
v.
Brian Rhoades,
Defendant
SLlBPDEHA TO PR()[)lX;E [)(X;U'lENTS OR ll-ll N3S
FOR D I SCXNERY PURSUAI>1T TO RULE 4009, 22
TO: Dr - Howard Roy Cohen
(Hane of Person or Ent ity)
within twenty (20) days after service of this subpoena, you are ordered by the CDUrt to
produce the follOWing docunents or things: any and all medical records, reports, correspondencE
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberg, Katzman & Shipman, 320 Market St., P.O.Box 1268, Ha=isburg, PA 17108-1268
('Iddress)
~~ nay deliver or mail legible copies of the documents or produce things requested ~y
this l;ubpoena, together with the certificate of axrpliance, to the party making this
request at the addri?ss j isted above. You have the right to seek in advance the reasonab 1 e
cost of preparing the copies Or producing the things sought.
I f you fai j to produce the docunents or things required by this subp:>en3 within twenty
(20) days after its service, the party serving this subpoena rre.y seek 8 court order
=t>elling you to ~ly with it.
THIS SUBPOH1A WAS ISSUED AT 'THE REGlJEST OF 1l-iE FOLLCI.'IIN3 PERSON:
NAME: Jefferson J. Shipman, Esquire
ADDRESS: Goldberg, Katzman & Shipman, P.C.
-ntT"Iffirl<et: :;t:., t'. u. J>ox 1268
'H;tTric:'fnn~g~ 1>6 J710R-1?h8
TELEPrbl~E: 717-234-4161
SUPRE!'E CC!..JlT ID 'l1 51785
ATTORNEY FOR: Defendant
OATE:_ LL^ \.L P JotA~
~f the ~,-t
ivision
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, CJ)WDl~7\L11J or PD'MSYJ)JANI/\
OJUl-7l'Y or o.n.ffiERIAND
Jane Buxton and Donna Earhart,
Plaintiffs
v.
fi 1e No. 2001-478
Brian Rhoades,
Defendant
SUBPOEt<A TO PRc:au DCX::U1ENTS OR TH J N3S
FOR DISWVERY PURSUAfH TO RULE 4009.22
TO: Dr. Wesley Vander Ark
(N<me of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all, medical records, reports, correspondence
diagnostic test r~sults pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberg, Katzman & Shipman, 320 Market St., P.O.Box 1268, Harrisburg, PA 17108-1268
( ^.ooress)
You rrey deliver or mail legible eDDies of the docunents or produce things requested::'y
this :subpoena, together with the e~tifieate of =1=>liance, to the party making this
request at the addr.c.ss 1 isted above. You have the right to seek in advance the reasonab 1e
cost of preparing the copies Dr producing the things sought.
If you fail
(20) clays after
=r?e 1 1 kg you to
to produce the docunents or things required by this subpoen3. within twenty
its service, the party serving this subpoena rray seek a court order
carp ly with it.
1HIS SUBPOENA WAS ISSUED AT THE REQJEST OF THE FOLL(J,>IING PERSON:
NAi't: Jefferson J. Shipman, Esquire
Goldberg, Katzman II. :>h1pman, 1'.C.
ADDRESS:
-ClWMarket St., P.O.
Harrisburg,~ 17108
TELEPHC*~E: 717-234-4161
SUf'REn:: ca.IlT ID 'Ii' 51785
Box lZbll
12li8
ATTORNEY FOR: Defendant
DATE:
BY
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(X1UNI'Y or OJM13ERIAND
Jane Buxton and Donna Earhart,
Plaintiffs
v.
File No, 2001-478
Brian Rhoades,
Defendant
SllBPDEliA TO PRCJDLJCE DOCU1ENTS OR 1H I tv3S
FOR D I SCDVERY PURSUANT TO RULE 4009, 22
TO: C. Richard Harrison, D.M.D., Mendelson, Harrison, Foer
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fol1owing docunents or things: any and all dental records, reports, correspondence, "
diagnostic test resnlts pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldber~, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268
('Iddress)
You rrey deliver or mail legible cooies of the documents or produce things requested DY
this subpoena, together with the certificate of carpliance, to the party making this
request at the addr~.ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fai 1 to ;oroduce the docunents or things required by this subpven3. within twenty
(20) days after its service, the party serving this subpoer,a lffiY seek a court order
=rj)el1ir;g you to ~ly with it.
THIS SUBPOENA WAS ISSUED AT 1HE REQJEST OF 1HE FOLLOIilN3 PERSON:
N.AI't: Jefferson J. Shipman, Esquire
uo.l<1berg, Katzman Ix lihl.pman, J>.C.
ADDRESS:
3ZU Market St., P.U_ Box lZbH
-IIa~--l'A-I71ll11-12611
1ELEPHJNE: 717-234-4161
SUPREME COURT ID ~ 51785
ATTORNEY FGl: Defendant
DA1E:_ fLa..d. P d,./")O~
~f the ,-t
Prothonotary/Clerk, Civ' ivision
~r;/1o (J - 2. 7?!'J? ///5"1 ~
Deputy
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OOJNTY OF aJMBERIAND
Jane Buxton and Donna Earhart,
Plaintiffs
'If.
Brian Rhoades,
File No,
2001-478
Defendant
SllBPOEHA TO PRcx:xx;E [X)CU1ENTS OR 111 I N3S
FOR D 1 sroVERY PURSUANT TO RULE 4009. 22
TO: Dr. Jack L. Baylin
(N<roe of PersOll or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fOllowing docunents or things: any and all medical records, reports, correspondence,!
diagnostic test results pertaining to Donna Earhart SSN: 326-34-3067 DOB: 5/30/41
at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268
(h.ddress)
You rrey deliver or mail legible conies of the docunents or produce things requested ::'y
this subpoena, together with the cei-tificate of =r+oJiance, to the party making this
request at the addr?,ss listed above. You have the right to seek in advance the reasonable
cost of prepar-ing the =pies or producing the things sought.
If you tail
(20) days after
ca:rj';e 11 i ng yow to
to produce the docunents or
its service, the party
=rp 1y with it.
things required by this subpven3 within twenty
serving this subpoena way seek 8 court order
1111S SUBPOENA WAS lSSUED AT THE REQJEST OF THE FOLLO/IING PERSON:
NAi"E: Jefferson J. Shipman, Esquire
liOldl>erg, Katzman '" 5h~pman, P.C.
ADDRESS:
~2u ~arket St., Y.U. >>ox lZb~
l'~rTi "bl'rgr~ 17108-121>8
TELEPl-K)1~E: 717-234-4161
SlRREl'fC exUlT 10 'lJ 51785
ATTORNEY FOR: Defendant
OATE:_~J Pcbu;l.O~
Sa 1 of the ,-t
BY ~CXXJRT:. ~.
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Prothonotary/Clerk, Civ' - ivision
_____ LI-w/Jo (I P ~02 4 ./Y..,)
DepUty
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(XXJNTY or CUMBERlAND
Jane :Buxton and Donna Earhart,
Plaintiffs
v.
File No, 2001-478
Brian Rhoades.
Defendant
SUBPOENA TO PRe>:::iJCE DXU1ENTS OR lli I N3S
FOR D I SCDVERY PURSUAI>1T TO RULE 4009, 22
TO: Dr. Howard Roy Cohen
(Hane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: any and all medical records, reports, correspondencl
diagnostic test results from Aug. I. 2002 to the present pertaining to Jane Buxton DOB: 5/17/39
SSN: 181-32-3693
at Goldberg, Katzman & Shipman, 320 Market St.. P.o. Box 1268, Harrisburg, PA 17108-1268
(n.ddress)
Ycu may de 1 iver or mai 1 legib le copies of the docunents or produce things requested ;"y
th i s subpoena, together wi th the cert i f icate of ccn+> 1 i ance , to the party mak i ng th i s
request at the addr<>ss 1 isted aboVe. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fail
(20) days after
co:r?e 11 it;g you to
to produce the docunents or
its service, the party
carp 1y with it.
things required by this SUbpoen3 within twenty
serving this subpoena lTG.y seek a CDUrt order
llilS S\JBPOEN-n. WAS ISSUED AT ll-lE REQUeST OF 11iE FOLLOIiING PERSON:
NAt1C: Jefferson J. Shipman, Esquire
bOlol>erg, Karzman " "lllpman, P.C.
ADDRESS: 1.?0 M~T1r-P"" ~.... , PO 'Rny l?hR
Harrisburg, PA 17108-1268
TELEPJ-ONE: 717-234-4161
SWRB-E COJlT I D :jj 51785
ATTORNEY FOR: Defendant
DATE:. {L~ ',l I, ;;),06.3,
-l~f t.'oe Cou,.t
Division
Deputy
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COUNTY OF OJMJ3ERlJll,'f)
Jane Buxton and Donna Earhart,
Plaintiffs
v.
fi le No. 2001-478
Brian Rhoades,
Defendant
SUBPOEtiA TO PRCVJCE DOCU1ENTS OR THINGS
FOR D I smVERY PURSUANT TO RULE 4009.22
TO: Dr_Wesley Vander Ark
(Nane 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 medical records, reports, correspondence
diagnostic test results including those of Dr. Norman Woldorf pertaining to Jane Buxton
SSN: 181-32-3693
DOB: 5/17/39
at Goldberg, Katzman Ii Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268
('Iddress)
You l113.y deliver or mail legible copies of the docurents or produce things requested;:'y
this subpoena, together with the certificate of cawliance, to the party making this
request at the addri?.ss 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
(20) days after
=ri'>e 11 ir;g you to
to produce the docunents or things required by this subpc>en'3. within twenty
its service, the party serving this subpoena way seek a court order
=rply with it.
THIS SUBPOENA WAS ISSUED AT THE REQJEST OF 1J-lE FOLL(J,!iING PERSON:
NAl'E: Jefferson J. Shipman, Esquire
bOidberg, K.at:zman '" :;hipman, P.C.
ADDRESS: _32..O-Jof::lTlrP..... Sf"" , 'P n Roy 1 'I\R
Harrisburg, PA 17108-1268
TELEPJ-Pl,E: 717 -234-4161
SUPREMO COJlT ID ~ 51785
ATTORNEY FOR: Defendant
BY
Division
DATE:_ D~~'l{ P ~tYA3
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<XllJNTY OF OJ~ffiERlJ\ND
Jane :Buxton and Donna Earhart,
Plaintiffs
File No. 2001-478
v.
Brian Rhoades,
Defendant
SUBf'OEHA TO PR()I)l)CE [x)cu-1EHTS OR 11-1 J N3S
FOR D I SCDVERY PURSUAtH TO RULE 4009.22
TO:
Dr. Jack L.Baylin
(Neme of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the =urt to
produce the following doctments or things: any and all medical records, reports, correspondence, c
diagnostic test resnlts pertaining to Jane Buxton SSN: 181-32-3693 DOB: 5/17/39
at Goldberg, Katzman & Shipman, 320 Market St., P.o. Box 1268, Harrisburg, PA 17108-1268
('Iddress)
y.J<.j fT13.y deliver or mail legible cooies of the docunents or produce things requested ty
this subpoena, together with the certificate of ccm:>1iance, to the party making this
request at the addr.c.ss 1 isted above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you fail
(20) days after
=rPe 11 ir;g you to
to ;::>roduce the doctments or
its service, the party
=ly with it.
things required by this subpoen3 within twenty
serving this subpoena IT'ay seek a court order
111IS SlJBPOEHA WAS ISSUED AT THE REQJEST OF THE FOLLOIIING PERSON:
NAl"E: Jefferson J.Shipman, Esquire
Goldberg, 1\.a1:zman .. Shipman, 1'.C.
ADDRESS:-32n M~rkp~ ~~ , P n ~ox l?~R
Harrisburg, PA 17108-1268
TELEP~,E: 717-234-4161
S\2REPE CCJlJ(T ID 'Ii 51785
ATTORNEY FOR: Defendant
DATE: ~C p ~Q()~
- Sea of the !"'t
Division
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COllNh' OF OJMBERLI1ND
Jane Buxton and Donna Earhart,
Plaintiffs
v.
File No. 2001-478
Brian Rhoades,
Defendant
SUBf'OEHA TO PR()I)l)CE DCX;U1EHTS OR 11-11 N3S
FOR D I SCDVERY PURSUAHT TO RULE 4009.22
TO:
Dr. Thomas G. Watson
(Neme of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the =urt to
produce the following doctments or things: any and all medical records, reports, correspondence,
diagnostic test results pertaining to Jane Buxton SSN: 181-32-3693 DOB: 5/17/39
at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, FA 17108-1268
(t,ddress)
y.J<.j may deliver or mail legible cooies of the docunents or proDuce things requested ty
this subpoena, together with the c';-tificate of caJ\)liance, to the party making this
request at the addr<>.ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fai 1 to ;::>roduce the doctments or things required by this subpoen3 within twenty
(20) days after its service, the party serving this subpoena IT'ay seek a court order
=rPellir;g you to =rply with it.
THIS SUBPOEHA WAS ISSUED AT THE REQJEST OF THE FOLLClliING PERSON:
NAI-E- Jefferson J. Shipman, Esquire
- Goldbe.g, K"lZWGLll & Shil'WCUJ., P.C.
ADDRESS:_lZO Market St.. P.O.Box 1268
Harrisburg, PA 17108-1268
TELEP~,E: 717-234-4161
suPREME COURT ID ~ 51785
ATTORNEY Fffi: Defendant
BY
il Division
co:JRT:
DATE:
f)JJn:.1l p d~
S al oftne ,-t
DepUty
(Eff. 7/97)
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Johnson, Duffie, Stewart & Weidner
By: JeffersonJ. Shipman, Esquire
LD. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
lis@jdsw.com
Attomeys for Defendant
JANE BUXTON and
DONNA EARHART
Plaintiff
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
, v.
NO. 2001-478
BRIAN RHOADE$,
, , ,
CIVIL ACTION - LAW .
Defendant
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
TO: William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
As a prerequisite to service of a subpoena for documents and things
pursuant to Rule 4009.22, Defendant hereby certifies that:
(1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas
attached thereto, was mailed, via Certified Mail, or delivered to each, party at least
twenty days prior to the date on which the subpoenas were sought to be served;
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(2) A copy of the Notice of Intent including the proposed subpoenas, is
attached to this Certificate;
. (3) No objection to the subpoenas has been received; and
(4) The subpoenas to be served are identical to the subpoenas attached to
the Notice Of Intent.
, DUFFIE, STEWART & WEIDNER
Date: Jill 0/ {;if
Jeff: son J. Shipman, Esquire,
Attorney I.D. No. 51785 ",
301 Market Street' ,
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
.
By:
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
document upon all counsel of records by depositing the same in the United States Mail,
first class postage prepaid, at Lemoyne, Pennsylvania, on the / <p;th day of
N Mef'{lbt( ,2004, addressed as follows:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
JOHNSON DUFFIE, STEWART & WEIDNER
.
By:
Jeff son J. Shipman, Esquire
Atto ney 1.0. NO.,51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
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Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785 '
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jjs@jdsw.com
Attorneys for Defendant
JANE BUXTON and
DONNA EARHART
Plaintiff
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-478
BRIAN RHOADES,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
TO: William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
PLEASE TAKE NOTICE that Defendant intends to serve one subpoenass
identical to the one that is attached to this notice. You have twenty (20) days from the
date listed below in which to file of records and serve upon the undersigned objections
to the subpoena. If no objections are made, the subpoena may be served.
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JOHNSON, DUFFIE, STEWART & WEIDNER
By:
.
Date: i 6 hS)o4
Jeffer ,
Attor y I.D. No. 51785
301 arket Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
document upon all counsel of records by depositing the same in the United States Mail,
certified postage prepaid, at Lemoyne, Pennsylvania, on the ;; <.i'T~ day of
(jc-l-ri ~!' r ,2004, addressed as follows:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
.
By:
Jeff on J. Shipman, Esquire
Attor ey I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Jane Buxton and Donna Earhart,
Plaintiffs
vs.
File No. 2001-478
Brian Rhoades.
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Pennsvlvania Manufacturer's Association Insurance Comoanv
(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: anv and all records. corresoondence. recorts. medical records
recardina Claim # 8902W85853 . Date of accident 11/7/03. oertainina to Donna Earhart SSN: 326-34-
3067, DOB: 5/30/41
at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. lemovne. PA 17043.
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:
TELEPHONE:
SUPREME COURT ID #:
ATTORNEY FOR:
Jefferson J. Shipman. Esauire
301 Market Street
lemovne. PA 17043
717-761-4540
51785
Defendant
NAME:
ADDRESS:
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Deputy
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Seai of the CouA
(Elf. 7/97)
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PRAECIPE FOR liSTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
1'0 'TIlE PROTHONOTARY IOFCUMBERLAND COUNTY
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)
( ) Assumpsit
(X) Trespass
JANE BUXION all<L
DONNA EARHART
( ) Trespass (Motor Vehicle)
( )
(other)
(plaintiff)
vs.
BRIAN RHOADES
The trial list will be called on 2/15/05
and
,
(Defendant)
Trials corrrnence on March, 14. 2005
Pretrials will be held on 2/23/05
, (Briefs are due 5 days before pretrials. )
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No,
478
, Civil
2001
Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shi]JllBI\, Esquire,;,
JOHNSON, DUFFIE, STE.WAlIT & 'WEIDNER, 301 Market Street, Lemoyne, PA 17043
Indicate trial counsel for other parties if known: William P. Douglas. EsQUire. llOUGlAS, DOUGLAS &
DOUGlAS, 27 West HDigh Street, P.O. Boz;.261, Carlisle, PA 17013
Signe
Jefferson J. Shipnan
Defendant
Attorney for:
This case is ready for trial.
Date:, 1/6/p,'t.
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JANE BUXTON and DONNA EARHART,
Plaintiffs
VS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-478 CIVIL TERM
BRIAN RHOADES,
CIVIL ACTION LAW
Defendant
IN RE: CIVIL PRETRIAL
ORDER OF COURT
AND NOW, this 23rd day of February, 2005, Plaintiff
has indicated that the amounts at issue are less than the mandatory
arbitration amounts. Therefore, this matter shall be referred to
arbitration.
Edward E. Guido, J.
~liam P. Douglas, Esquire
FoyPlaintiffs
~fferson J. Shipman, Esquire
For Defendant
Court Administrator
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DOUGLAS LAW OFFICE
27 W.ffiGH ST.
POB 261
CARLISLE P A 17013
TELEPHONE 717-243-1790
William P. Douglas. Esq.
Supreme CLIO # 37926
Jane Buxton and Donna Earhart
Plaintiffs
In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs
No. 01- 478 Civil Term /
Brian Rhoades
Defendant
Civil action law
Jury Trial Demanded
Praecipe to Settle and Discontinue
Dear Mr. Long,
Please mark the above captioned matter settled and discontinued.
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William P. Dougla
Attorney for PI
December 27, 2005
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DOUGLAS LAW OFFICE
27W.mGHST.
POB 261'
CARLISLE PA 17013 .
TELEPHONE 717-243-1790
WIlLIAM P. DOUGLAS, ESQ.
Supreme Court I.D.#37926
Jane Buxton and Donna Earhart
Plaintiffs
In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs
No. 01- 478 Civil Term
Brian Rhoades
Ovil action law
Defendant Jury Trial Demanded
Plaintiffs' Pre-trial Memorandum
A. Brief Narrative statement of the case:
This action arises out of a motor vehicle accident, which occurred on
January 23, 1999. The vehicle being operated by Donna Earhart was rear-ended
by a vehicle operated by the defendant Brian Rhoades. Donna Earhart and her
passenger Jane Buxton, were injured.
B. List of the types and amounts of all damages:
Jane Buxton - Non-economic damages
C. Witnesses:
Donna Earhart
Jane Buxton
Brian Rhoades
Dr. Howard Roy Cohen, M.D.
Dr. Norman M. Woldorf, M.D.
Plaintiff respectfully reserves the right to supplement this witness list in advance
of trial.
D, Exhibits:
All medical records and reports on behaH of Jane Buxton
Photos of vehicles
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Materials exchanged in discovery
Plaintiff respectfully reserves the right to supplement witness list in advance of
trial.
E. Expert reports:
All medical records in the possession of the plaintiff have been provided.
F. Stipulations of parties.
None to date
G, Status of Settlement Negotiations:
Plaintiff concedes that the Plaintiff, Donna Earhart, does not meet the
limited tort threshold.
No formal demand has been made on behalf of Jane Buxton
February 22, 2005
Respectfully ubmitted
W~DOU ,Esq.
Attorney for Plaintiffs
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DOUGLAS LAW OFFICE
27 W. IDGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
WILLIAM p, DOUGLAS, ESQ,
Supreme Court 1.0.# 37926
Jane Buxton and Donna Earhart
Plaintiffs
In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs
No. 01- 478 Civil Term
Brian Rhoades
Civil action law
Defendant Jury Trial Demanded
Plaintiffs' Pre-trial Memorandum
A, Brief Narrative statement of the case:
This action arises out of a motor vehicle accident, which occurred on
January 23,1999. The vehicle being operated by Donna Earhart was rear-ended
by a vehicle operated by the defendant Brian Rhoades. Donna Earhart and her
passenger Jane Buxton, were injured.
B. List of the types and amounts of all damages:
Jane Buxton - Non-economic damages
C. Witnesses:
Donna Earhart
Jane Buxton
Brian Rhoades
Dr. Howard Roy Cohen, M.D.
Dr. Norman M. Woldorf, M.D.
Plaintiff respectfully reserves the right to supplement this witness list in advance
of trial.
D. Exhibits:
All medical records and reports on behalf of Jane Buxton
Photos of vehicles
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Materials exchanged in discovery
Plaintiff respectfully reserves the right to supplement witness list in advance of
trial.
E. Expert reports:
All medical records in the possession of the plaintiff have been provided.
F. Stipulations of parties.
None to date
G. Status of Settlement Negotiations:
Plaintiff concedes that the Plaintiff, Donna Earhart, does not meet the
limited tort threshold.
No formal demand has been made on behalf of Jane Buxton
February 22, 2005
Respectfully ubmitted
W~DOUg ,Esq.
Attorney for Plaintiffs
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Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
1.0. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4550
Attorney for Defendant
JANE BUXTON and DONNA EARHART,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 278 - 2001
BRIAN RHOADES,
Defendant
JURY TRIAL DEMANDED
PRE-TRIAL STATEMENT OF DEFENDANT. BRIAN RHOADES
A. Brief narrative statement of the case.
The case arises out of a minimal rear-end impact accident on Market Street in Camp Hill,
Cumberland County, Pennsylvania, on January 23, 1999. Defendant, Brian Rhoades, was
operating his vehicle generally westbound on Market Street when he lightly came into contact with
the rear of a vehicle being operated by the Plaintiff, Donna Earhart, and occupied by Plaintiff,
Jane Buxton. Mr. Rhoades reports no damage to the front of his vehicle and very little, if any,
damage to the Earhart vehicle. The principal issue in the case is whether this relatively minor
accident was a substantial factor in causing injuries to the Plaintiffs. The Plaintiff, Donna Earhart,
was Limited Tort at the time.
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B. List of the tv pes and amounts of all damaaes.
1. Donna Earhart
Ms. Earhart was Limited Tort and will need to prove a significant impairment of
bodily function. Ms. Earhart did not seek medical attention until several days after the
accident when she went to her chiropractor whom she had been already treating with off
and on for several years. She claims back/pain. The defense will call Perry Eagle,
M.D., who performed an independent medical evaluation of Ms. Earhart. It will be
expected Dr. Eagle will offer the opinion Earhart may have sustained a cervical sprain
from the motor vehicle accident. We also expect that he will offer the opinion that after
several months her chiropractic treatment was no longer reasonable or necessary.
Further, we expect he will offer the opinion that Ms. Earhart did not suffer a serious
injury, nor did she sustain a significant impairment of bodily function.
2. Jane Buxton
Initially, after the accident Ms. Buxton did not feel any pain in any part of
her body. She was seen by her family physician in Schuylkill County sometime shortly
after the accident with what appears to have been a cervical sprain-type of injury. She
attended some physical therapy at HealthSouth in Mechanicsburg. She also ,claims
ringing in her ears, as well as jaw pain. Ms. Buxton was examined by a neurologist in
Pottsville, Michael Schuman, M.D., for an independent medical evaluation. Notably, Ms.
Buxton was involved in a gunshot wound in the early 1980's. We expect Dr. Schuman
will offer the opinion that he found no significant objective findings relative to the motor
vehicle accident and that Ms. Buxton had a previous injury with complaints of ringing in
her ears from the gunshot wound she sustained in the early 1980's.
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C. Witnesses.
Plaintiffs, as on cross-examination
Brian Rhoades
Ryan Kelley
Defendant respectfully reserves the right to supplement this witness list in advance of trial.
D. Exhibits
All medical records and reports
Photographs of the vehicles
All materials exchanged in discovery.
Defendant respectfully reserves the right to supplement this exhibit list in advance of trial.
E. Expert reports.
Please see the expert reports of Perry Eagle, M.D., and Michael Schuman, M.D., attached
as Exhibits "A" and "B" respectively.
F. Stipulations ofthe parties
None to date.
G. Settlement neaotiations to date
To date it is ,not known whether the Plaintiff has ever presented a formal demand on either
case. The defense feels strongly that Ms. Earhart has not sustained a significant impairment of
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bodily function. Defense counsel previously requested a voluntary discontinuance as to the
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Earhart case.
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Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
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Jefferson J. Shipma ,Esquire
Attorney I.D. # 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
Date: February 22, 2005
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APPOINTMENT
ORTHOPAEDIC SURGERY
HAND SURGERY
PERRY A. EAGLE,M.D.
191 LEADER HEIGHTS ROAD
YORK, PENNSYLVANIA '7402
January 24,2005
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FAX (7t7) 741-2352
Jefferson Shipman, Esquire
301 Market Street POBox 109
Lemoyne PA 17043-0109
RE: DonnaB. Earhart
NO: 01-478 Civil
Dear Attorney Shipman:
The above patient was seen by me at your request for an independent medical evaluation on
January 24,2005, for eJ<amination of her cervical spine. The history was obtained from the
patient. The medical records which you supplied were briefly reviewed.
The patient's history dates back to January 23, 1999. At that time Donna was the restrained
driver of a Ford Windstar van which was completely stopped when struck from behind. Upon
impact the patient was leaning to the passenger side of the van with her head turned to the right.
She does not recall how she injured her neck in the accident. She did not hit the windshield.
After the accident she noticed neck discomfort with shooting pain in her right temple.
The patient began treatment with Dr. Herd, a chiropractor, several days after the accident. Her
complaints at that time were of headaches and neck stiffness. She was seen three times per week
for stimulation, ultrasound, massage and adjustments. Donna cannot recall the duration of her
treatment. This treatment did not improve her symptoms.
The patient was also fullowed by her family doctor during this time on an as needed basis. Over-
the-counter analgesics were recommended.
The patient mentions she developed numbness in her right cheek but she is unsure as to the date
of onset. She was referred to a neurologist. When asked if she were having neck pain at this time
her response was one of "feeling uncomfortable" with her neck and headaches. This was a
"chronic problem." An MRI of the brain was ordered.
The patient began treatment with a dentist for right ear noises. This developed soon after the
accident. A retainer was prescribed and worn by the patient at night. She also saw an ENT
specialist.
Jefferson Shipman, Esquire
Page Two
RE: Donna B. Earhart
NO: 01-478 Civil
The patient changed her medical care to Dr. Gallagher. An MRI ofher cervical spine was
performed about one year ago.
When asked if her neck is still bothering her she Teplied, "it is a chronic situation." She has neck
discomfort and "locking" everyday. Lifting and carrying objects such as groceries causes neck
pain. She has occasional sharp pain above her right ear and in her right and left neck. She applies
heat and cold to her neck as needed. Her symptoms flare depending upon her activity level. She
is currently not taking any medications for her neck pain.
The patient has had numbness in both hands for years, the right being worse. The fingers of both
bands go numb. Her symptoms wake her at night on occasion. The patient is right handed.
Prior to the accident the patient had neck problems. She would have periodic headaches.
At the time of the accident the patient was employed part time by Messiah College as a secretary.
She missed time from work after her accident due to increased symptoms. She did not miss a
block of work due to her injuries. The patient retired from his job in February of2004, and she is
currently not employed.
Physical e,,"mination was performed. At the outset: the patient was asked to tell me if any
portions of the physical e}ClIminlltion which she did or I did caused any discomfort. The patient
acknowledged these instructions.
Examination reveals she points to the posterior cervical region, the region of each trapezius, the
interscapular region, each ear region and her forehead as the sites of her complaints. There is no
tenderness to light or moderate palpation over the spinous processes of the cervical vertebra,
over the trapezei, over the scapulae, or over the interscapular regions. The patient is able to rotate
her head and neck to 70 degrees in either direction. She will flex to 45 degrees and extend to 40
degrees. She will laterally tilt to 25 degrees in either direction. At my inquiry she states that she
develops pain in her neck and in her forehead with flexion. With repeated range of motion there
is no visible or palpable paravertebral spasm or guarding. The deep tendon reflexes in the upper
extremities are symmetrical. There is no dehoid, biceps, triceps, wrist dorsiflexor or hand
intrinsic muscle weakness. The distal sensation is intact. Power grip on her dominant right on
three suCcessive tries on the dynamometer measures 50, 45, and 40 pounds compared to 55, 50
and 50 pounds on her left. Tinei's sign is negative over each carpal canaL The carpal canal
compression test is negative bilaterally. Phalen's wrist flexion test is negative bilaterally. The
patient complains of a "hot" feeling radiating into her right shoulder with Phalen's testing on the
right.
X-rays of the cervical spine taken in my office today including flexion and extension lateral
views reveal degenerative change in the mid cervical region, especially at C5-6 and C6-7. There
Jefferson J. Shipman, Esquire
Page Three
RE: Donna B. Earhart
NO: 01-478Civil
are small anterior and posterior osteophytes at both levels. There is minor narrowing at the C5-6
disc space and more significant narrowing at the C6-7 space. Anterior osteophytes are present to
a minim"l degree at the C7- Tllevel. The remainder of the disc spaces are well maintained. The
foramina are patent on the oblique views. There is no evidence of fracture, avulsion injury,
vertebral subluxation or misalignment.
MRI report of the ,cervica1spine from Magnetic Imaging Center dated January 22, 2004, was
reported as showing moderate spondolysis at C6-7 with eccentric left paracentral and lateral with
moderately advanced left and moderate right nerve root canal stenosis and mild to moderate
central canal stenosis. A small left paracentral disc herniation at C5-6 with mild eentral canal
stenosis was also reported. Minor C4-5 spondolysis was noted.
The findings noted on MRI are degenerative in nature and not secondary to the motor vehicle
accident in question.
Personal review of the films was performed by me today. I concur with the findings noted on the
x-ray report. In addition there is disc bulging at the C4-5, C5-6 and C6-71evels, most prominent
at the C6-7 level.
The records of Herd Chiropractic Clinic were reviewed. The first encounter was on January 25,
1999, and extends, on a regular basis, through November 20, 2000. Other records from 2002
were reviewed. Those records do not contain complete physical eJ<aminations or eJ<aminations
which would be supportive of significant pathology.
The records of Dr. Todd Samuels were reviewed. The patient was evaluated on July 7, 2000. The
visit of July 13, 2000, was also reviewed. Muhiple possibilities were raised by Dr. Samuels, none
of which are traumatic in origin or were related, in his records, to the accident in question.
The records sent to Dr. Katherine Gallagher were reviewed. The records do not appear to be of
her office records but appear to be referral records from various practitioners.
In summ"ry this patient may have sustained a cervical sprain from the motor vehicle accident in
question. There are no findings in the medical records reviewed or on today's examination which
would be consistent with herniated disc or radiculopathy in the cervical region. The patient had a
voluminous amount of physical treatments at the Herd Clinic. If; assuming, the patient did
sustain a cervical sprain, I feel that such treatments would have been reasonable and necessary
for a period of up to three months. Treatments rendered by Herd Chiropractic Center after that
period of time were not reasonable or efficacious. There are no foundations in the literature to
support the efficacy of such treatments on an extended basis such as presented in the medical
records.
JeffersonJ. Shipman, Esquire
Page Four
RE: Donna B. Earhart
NO: 02-478 Civil
The patient has cervical spondolysis at multiple levels, which is degenerative in nature and was
not caused by the motor vehicle accident in question. The patient had multiple other complaints,
as documented in the medical records, which cannot be associated with the motor vehicle
accident in question. These include her vertigo and her facial pain.
The patient does not have any objective findings secondary to the motor vehicle accident in
question which would be indicative of any impairment, or caUse any limitations or the need for
future treatment. The patient's complaints are on a subjective basis without objective findings
secondary to the accident of January 23, 1999. It should be noted that patients with cervical
spondolysis may have the smrie type of symptoms of which the patient complains. Review of the
medical records is not compatible with the patient having sustained a serious injury from the
motor vehicle accident in question. Review of the medical records and the patient's examination
today are not consistent with the patient sustaining significant impairment of bodily function
from the motor vehicle accident in question.
The opinions expressed in this report have been stated with a reasonable degree of medical
certainty.
It should be noted the patient had a great deal of difficulty in answering direct questions
concerning the quality and quantity of her symptoms, and the onset of such symptoms.
The patient was cooperative during the conducting of the medical evaluation. Upon my direct
questioning she had no complaints concerning the manner or way the independent medical
evaluation was conducted.
Ifl may be of any further help or clarification in this matter please do not hesitate to call or
write.
Perry A. Eagle, M.D., C.I.M.E.
P AE/lmp
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MichaelH. :Schuman, M.D.
Evergreen Professional Suites
48 Tunnel Road, Suite 101
Pottsville, PA 17901
(570) 622-2245
Fax - (570) 622-2116
BRINGING NEUROLOGIC HEALTH TO SCHUYLKILL COUNTY AND SURROUNDING COMMUNITIES.
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Law Offices of Johnson and Duffy
301 Market Street
Box 109
Lemoyne, PA 17043
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INDEPENDENT MEDICAL EXAMINATION
RE: Jayne W. Buxton
Dear Ms. Greenleaf,
At your request we carried out an Independent Medical Examination in the case of
plaintiff, Jayne W. Buxton. We understand that you are representing the defendant in this
case.
Ms. Buxton was examined in our Pottsville offices today. She was accompanied by a Mr.
Ninkovich, described as her friend. We acquainted Ms. Buxton with the conditions of
Independent Medical Examinations - namely that no treating relationship is established
between us. Secondly, no medical information can be released to her based on our
interview and consultation. Ms. Buxton has accepted these conditions.
This lady corroborated much of the information contained in your cover letter of January
10,2005. However, she described an important pre-accident condition in that she
sustained a gunshot wound to the head in 1982. She furnished some details but we also
had the advantage of reviewing the package of medical records that you furnished
including the records of Dr. W oldorf and Dr. Cohen. At that time the wound was in the
left occipital region and migrated to the right frontal region. She underwent surgery with
craniotomy on October 28, 1982. Since that injury, she has been blind. At that time,
mild right-sided weakness was noted and she was treating transiently with Dilantin. No
seizures have occurred.
An electroencephalogram in 1992 revealed seizure-type abnormalities. She was also
treated at that time with Tegretol but is not taking that medication currently.
NEUROLOGY
TRANSCRANIAL DOPPLER
MAGNETIC RESONANCE IMAGING
ELECTROMYOGRAPHY
NEURO-OPHTHALMOLOGY
ELECTROENCEPHALOGRAPHY
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RE: Jayne W. Buxton
She remained in this state until January 23, 2001 when, according to her, while riding as
a passenger in a stopped vehicle and w~le wearing a seatbelt, her car was struck in the
rear by another vehicle. Ms. Buxton rel!ltesthat she sustained injuries to the head and
neck at the time of the accident. There was no loss of consciousness. For whatever
reason, she did not seek any medical attention at that time, but only several days later did
she report to her family doctor, Dr. Howard Cohen, who prescribed analgesics.
Subsequently she began to complain of "noises in her head" but we note that prior to the
motor vehicle accident she also had been complaining of some ringing in the ears. She
sought consultation at an Ear, Nose, and Throat physician who carried out hearing tests-
results are unknown. She felt that her hearing was diminished secondary to the noises in
her head. No special treatment was given.
She began to complain of pain in the neck and shoulders. Subsequently, she consulted
Dr. Thomas Watson, who is her family doctor who prescribed Serzone and also a
rheumatologist who prescribedMobic.The rheumatologist was Dr. Sanford in Camp
Hill, P A. The reason for seeing him was fibromyalgia. In this condition, she described
weakness of her neck, low back pain, as well as difficulty in holding her head up.
Apparently, she is not taking anticonvuIsants at the present time.
At the time of our interview, she noted no lateralized visual or motor symptoms. She
remains blind as she was prior to the accident. No seizures have occurred. This lady was
formerly a teacher prior to her 1982 accident. Since that time she has not worked.
NEUROLOGIC EXAMINATION: This was a pleasant lady who was very cooperative,
There was no organic mental syndrome or aphasia. The face-hand test was negative.
Vision is nil in both eyes. The pupils were 2 to 3mm and reacted directly and
consensually. The optic disks were of good color and sharp outline. I believe that she
was able to perceive the presence or absence of light. However there was no measurable
visual acuity. Visual fields could not be tested. Eye movements were full without
nystagmus. Facial sensation was normaL Lower cranial nerve examination was
satisfactory. Gait testing was limited by the patient's visual state. I could detect no
motor weakness. Deep reflexes were present and there was no Babinski sign.
On sensory examination touch as well as pin prick were intact. A more detailed sensory
examination was difficult at this time.
Miscellaneous examination revealed no bruit heard in the head or neck. There was no
pain on percussion over the spine. The neck was supple.
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Page 3
RE: Jayne W. Buxton
IMPRESSION: Most of the fmdings on today's neurological examination are related to
the previous gunshot wound, which occurred in 1982. I can find little on examination,
which relates to the motor vehicle accident. The current symptoms may partially be
explained by the patients fibromyalgia but for definitive evaluation I' suggest at this time
an MRI examination of the head - non-contrast - be carried out.
On a clinical basis, based on my contact with this lady today, there are no significant
objective fmdings related to the motor vehicle accident of January 23, 2001.
At the time of the IME in our office, we did not make any arrangements for the needed
MRI examination pending our contact with you. Please advise whether you wish to
arrange this radiological examination from your end or if you wish us to have it carried
out here. In any event, after learning the results, I would be pleased to comment to you
further.
Thank you for the opportunity to examine your client.
Sincerely yours,
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/ Michael H. Schuman, M.D., FAC-P.
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CERTIFICATE OF SERVICE
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AND NOW, the undersigned does hereby certify that he did this date serve a copy of the
foregoing pre-trial statement upon the other parties of record by causing same to be forwarded via
facsimile transmission on February 22, 2005:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
243-8955
JOHNSON, DUFFIE, STEWART & WEIDNER
245377
J erson J. Shipman, Esquire
Attorney 1.0. # 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
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Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
1.0. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4550
Attorney for Defendant
JANE BUXTON and DONNA EARHART,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 278 - 2001
BRIAN RHOADES,
Defendant
JURY TRIAL DEMANDED
PRE-TRIAL STATEMENT OF DEFENDANT. BRIAN RHOADES
A. Brief narrative statement of the case.
The case arises out of a minimal rear-end impact accident on Market Street in Camp Hill,
Cumberland County, Pennsylvania, on January 23, 1999. Defendant, Brian Rhoades, was
operating his vehicle generally westbound on Market Street when he lightly came into contact with
the rear of a vehicle being operated by the Plaintiff, Donna Earhart, and occupied by Plaintiff,
Jane Buxton. Mr. Rhoades reports no damage to the front of his vehicle and very little, if any,
damage to the Earhart vehicle. The principal issue in the case is whether this relatively minor
accident was a substantial factor in causing injuries to the Plaintiffs. The Plaintiff, Donna Earhart,
was Limited Tort at the time.
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B. List of the wDes and amounts of all damaaes.
1. Donna Earhart
Ms. Earhart was Limited Tort and will need to prove a significant impairment of
bodily function. Ms. Earhart did not seek medical attention until several days after the
accident when she went to her chiropractor whom she had been already treating with off
and on for several years. She claims back/pain. The defense will call Perry Eagle,
M.D., who performed an independent medical evaluation of Ms. Earhart. It will be
expected Dr. Eagle will offer the opinion Earhart may have sustained a cervical sprain
from the motor vehicle accident. We also expect that he will offer the opinion that after
several months her chiropractic treatment was no longer reasonable or necessary.
, Further, we expect he will offer the opinion that Ms. Earhart did not suffer a serious
injury, nor did she sustain a significant impairment of bodily function.
2. Jane Buxton
Initially, after the accident Ms. Buxton did not feel any pain inany part of
her body. She was seen by her family physician in Schuylkill County sometime shortly
after the accident with what appears to have been a cervical sprain-type of injury. She
attendedsome physical therapy at HealthSouth in Mechanicsburg. She alsoclaims
ringing in her ears, as well as jaw pain. Ms. Buxton was examined by a neurologist in
Pottsville, Michael Schuman, M.D., for an independent medical evaluation. Notably, Ms,
Buxton was involved in a gunshot wound, in the early 1980's. We expect Dr. Schuman
will offer the opinion that he found no significant objective findings relative to the motor
vehicle accident and that Ms. Buxton had a previous injury with complaints of ringing in
her ears from the gunshot wound she sustained in the early 1980's.
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C. Witnesses.
Plaintiffs, as on cross-examination
Brian Rhoades
Ryan Kelley
Defendant respectfully reserves the right to supplement this witness list in advance of trial.
D. Exhibits
All medical records and reports
Photographs of the vehicles
All materials exchanged in discovery.
Defendant respectfully reserves the right to supplement this exhibit list in advance of trial.
E. Expert reports.
Please see the expert reports of Perry Eagle, M.D., and Michael Schuman, M.D., attached
as Exhibits "A" and "B" respectively.
F. Stipulations of the parties
None to date.
G. Settlement negotiations to date
To date it is not known whether the Plaintiff has ever presented a formal demand on either
case. The defense feels strongly that Ms. Earhart has not sustained a significant impairment of
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bodily function. Defense counsel previously requested a voluntary discontinuance as to the
Earhart case.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
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Jefferson J. Shipma ,Esquire
Attorney 1.0. # 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
Date: February 22, 2005
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APPOINTMENT
ORTHOPAEDIC SURGERY
HAND SURGERY
PERRY A. J!:AGLE, M.D.
191 .L.EADER HEIGHTS ROAD
YORK, PENNSYl.VANIA 17402
January 24, 2005
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TELEPHONE-(717) 741-4S88
FAX (717) 741~2352
Jefferson Shipman, Esquire
301 Market Street POBox 109
Lemoyne PA 17043-0109
RE: Donna B. Earhart
NO: 01-478 Civil
Dear Attorney Shipman:
The above patient was seen by me at your request for an independent medical evaluation on
January 24, 2005, for eJ<lIrnination of her cervical spine. The history was obtained from the
patient. The medical records which you supplied were briefly reviewed.
The patient's history dates back to January 23, 1999. At thattime Donna was the restrained
driver of a Ford Windstar van which was completely stopped when struck from behind. Upon
impact the patient was leaning to the passenger side of the van with her head turned to the right.
She does not recall how she injured her neck in the accident. She did not hit the windshield.
After the accident she noticed neck discomfort with shooting pain in her right temple.
The patient began treatment with Dr. Herd, a chiropractor, several days after the accident. Her
complaints at that time were of headaches and neck stiffness. She was seen three times per week
for stimulation, ultrasound, massage and adjustments. Donna cannot recall the duration of her
treatment. This treatment did not improve her symptoms.
The patient was also followed by her family doctor during this time on an as needed basis. Over-
the-counter analgesics were recommended.
The patient mentions she developed numbness in her right cheek but she is unsure as to the date
of onset. She was referred to a neurologist. When asked if she were having neck pain at this time
her response was one of "feeling uncomfortable" with her neck and headaches. This was a
"chronic problem." An MRI of the brain was ordered.
The patient began treatment with a dentist for right ear noises. This developed soon after the
accident. A retainer was prescribed and worn by the patient at night. She also saw an ENT
specialist.
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Page Two
RE: Donna B. Earhart
NO: 01-478 Civil
The patient changed her medical care to Dr. Gallagher. An MRI ofher cervical spine was
performed about one year ago.
When asked ifher neck is still bothering her she replied, "it is a chronic situation." She has neck
discomfort and "locking" everyday. Lifting and carrying objects such as groceries causes neck
pain. She has occasional sharp pain above her right ear and in her right and left neck. She applies
heat and cold to her neck as needed. Her symptoms flare depending upon her activity leveL She
is currently not taking any medications for her neck pain.
The patient has had numbness in both hands for years, the right being worse. The fingers of both
hands go numb. Her symptoms wake her at night on occasion. The patient is right handed.
Prior to the accident the patient had neck problems. She would have periodic headaches.
At the time of the accident the patient was employed part time by Messiah College as a secretary.
She missed time from work after her accident due to increased symptoms. She did not miss a
block of work due to her injuries. The patient retired from his job in February of2004, and she is
currently not employed.
Physical el<amination was performed. At the outset the patient was asked to tell me if any
portions of the physical examination which she did or I did caused any discomfort. The patient
acknowledged these instructions.
Examination reveals she points to the posterior cervical region, the region of each trapezius, the
interscapular region, each ear region and her forehead as the sites of her complaints. There is no
tenderness to light or moderate palpation over the spinous processes of the cervical vertebra,
over the trapezei, over the scapulae, or over the interscapular regions. The patient is able to rotate
her head and neck to 70 degrees in either direction. She will flex to 45 degrees and extend to 40
degrees. She will laterally tilt to 25 degrees in either direction. At my inquiry she states that she
develops pain in her neck and in her forehead with flexion. With repeated range of motion there
is no visible or palpable paravertebral spasm or guarding. The deep tendon reflexes in the upper
extremities are symmetrical. There is no deltoid, biceps, triceps, wrist dorsiflexor or hand
intrinsic muscle weakness. The distal sensation is intact. Power grip on her dominant right on
three successive tries on the dynamometer measures 50, 45, and 40 pounds compared to 55, 50
and 50 pounds on her left. Tiner s sign is negative over each carpal canaL The carpal canal
compression test is negative bilaterally. Phalen's wrist flexion test is negative bilaterally. The
patient complains of a "hot" feeling radiating into her right shoulder with Phalen's testing on the
right.
X-rays of the cervical spine taken in my office today including flexion and extension lateral
views reveal degenerative change in the mid cervical region, especially at C5-6 and C6-7. There
Jefferson 1. Shipman, Esquire
Page Three
RE: Donna B. Earhart
NO: 01-478 Civil
are small anterior and posterior osteophytes at both levels. There is minor narrowing at the C5-6
disc space and more significant narrowing at the C6-7 space. Anterior osteophytes are present to
a minim,,] degree at the C7-Tllevel. The remainder of the disc spaces are well maintained. The
foramina are patent on the oblique views. There is no evidence of fracture, avulsion injury,
vertebral subluxation or mi""Jienment.
MRI report of the cervical spine from Magnetic Imaging Center dated January 22, 2004, was
reported as showing moderate spondolysis at C6-7 with eccentric left paracentral and lateral with
moderately advanced left and moderate right nerve root canal stenosis and nll1d to moderate
central canal stenosis. A small left paracentral disc herniation at C5-6 with mild central canal
stenosis was also reported. Minor C4-5 spondolysis was noted.
The findings noted on MRI are degenerative in nature and not secondary to the motor vehicle
accident in question.
Personal review of the films was performed by me today. I concur with the findings noted on the
x-ray report. In addition there is disc bulging at the C4-5, C5-6 and C6-7 levels, most prominent
at the C6-7 level.
The records of Herd Chiropractic Clinic were reviewed. The first encounter was on January 25,
1999, and extends, on a regular basis, through November 20, 2000. Other records from 2002
were reviewed. Those records do not contain complete physical e""m;n"tions or e""m;n"tions
which would be supportive of significant pathology.
The records of Dr. Todd Samuels were reviewed. The patient was evaluated on July 7,2000. The
visit ofJuly 13,2000, was also reviewed. Multiple possibilities were raised by Dr. Samuels, none
of which are traumatic in origin or were related, in his records, to the accident in question.
The records sent to Dr. Katherine Gallagher were reviewed. The records do not appear to be of
her office records but appear to be referral records from various practitioners.
In sumniary this patient may have sustained a cervical sprain from the motor vehicle accident in
question. There are no findings in the medical records reviewed or on today's examination which
would be consistent with herniated disc or radiculopathy in the cervical region. The patient had a
voluminous amount of physical treatments at the Herd Clinic. If; assuming, the patient did
sustain a cervical sprain, I feel that such treatments would have been reasonable and necessary
for a period of up to three months. Treatments rendered by Herd Chiropractic Center after that
period of time were not reasonable or efficacious. There are no foundations in the literature to
support the efficacy of such treatments on an extended basis such as presented in the medical
records.
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Page Four
RE: Donna B. Earhart
NO: 02-478 Civil
The patient has cervical spondolysis at multiple levels, which is degenerative in nature and was
not caused by the motor vehicle accident in question. The patient had muhiple other complaints,
as documented in the medical records, which cannot be associated with the motor vehicle
accident in question. These include her vertigo and her facial pain.
The patient does not have any objective findings secondary to the motor vehicle accident in
question which would be indicative of any impairment, or cause any limitations or the need for
future treatment. The patient's complaints are on a subjective basis without objective findings
secondary to the accident of January 23, 1999. It should be noted that patients with cervical
spondolysis may have the same type of symptoms of which the patient complains. Review of the
medical records is not compatible with the patient having sustained a serious injury from the
motor vehicle accident in question. Review of the medical records and the patient's examination
today are not consistent with the patient sustaining significant impairment of bodily function
from the motor vehicle accident in question.
Theopinions expressed in this report have been stated with a reasonable degree of medical
certainty.
It should be noted the patient had a great deal of difficulty in answering direct questions
concerning the quality and quantity of her symptoms, and the onset of such symptoms.
The patient was cooperative during the conducting of the medical evaluation. Upon my direct
questioning she had no complaints concerning the manner or way the independent medical
evaluation was conducted.
If! may be of any further help or clarification in this matter please do not hesitate to call or
write.
Perry A. Eagle, M.D., el.M.E.
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John B. Chawluk, M.D.
Michael H. Schuman, M.D.
Evergreen Professional Suites
48 Tunnel Road, Suite 101
Pottsville, PA 17901
(570) 622-2245
Fax- (570) 622-2116
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BRINGING NEUROLOGIC HEALTH TO SCHUYLKILL COUNTY AND SURROUNDING COMMUNITIES.
Linda C. Greenleaf, Paralegal
Law Offices of Johnson and Duffy
301 Market Street
Box 109
Lemoyne, P A 17043
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January 18, 2005
INDEPENDENT MEDICAL EXAMINATION
RE: Jayne W. Buxton
Dear Ms. Greenleaf,
At your request we carried out an Independent Medical Examination in the case of
plaintiff, Jayne W. Buxton. We understand that you are representing the defendant in this
case.
Ms. Buxton was examined in our Pottsville offices today. She was accompanied by a Mr.
Ninkovich, described as her friend. We acquainted Ms. Buxton with the conditions of
Independent Medical Examinations - namely that no treating relationship is established
between us. Secondly, no medical information can be released to her based on our
interview and consultation. Ms. Buxton has accepted these conditions.
This lady corroborated much of the information contained in your cover letter of January
10,2005. However, she described an important pre-accident condition in that she
sustained a gunshot wound to the head in 1982. She furnished some details but we also
had the advantage of reviewing the package of medical records that you furnished
including the records of Dr. W oldon and Dr. Cohen. At that time the wound was in the
left occipital region and migrated to the right frontal region. She underwent surgery with
craniotomy on October 28, 1982. Since that injury, she has been blind. At that time,
mild right-sided weakness was noted and she was treating transiently with Dilantin. No
seizures have occurred.
An electroencephalogram in 1992 revealed seizure-type abnormalities. She was also
treated at that time with T egretol but is not taking that medication currently.
NEUROLOGY
TRANSCRANIAL DOPPLER
MAGNETIC RESONANCE IMAGING
ELECTROMYOGRAPHY
NEURO.OPHTHALMOLOGY
ELECTROENCEPHALOGRAPHY
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Page 2
RE: Jayne W. Buxton
She remained in this state until January 23,2001 when, according to her, while riding as
a passenger in a stopped vehicle and while wearing a seatbelt, her car was struck in the
rear by another vehicle. Ms. Buxton relates that she sustained injuries to the head and
neck at the time of the accident. There was no loss of consciousness. For whatever
reason, she did not seek any medical attention at that time, but only several days later did
she report to her family doctor, Dr. Howard Cohen, who prescribed analgesics.
Subsequently she began to complain of "noises in her head" but we note that prior to the
motor vehicle accident she also had been complaining of some ringing in the ears. She
sought consultation at an Ear, Nose, and Throat physician who carried out hearing tests -
results are unknown. She felt that her hearing was diminished secondary to the noises in
her head. No special treatment was given.
She began to complain of pain in the neck and shoulders. Subsequently, she consulted
Dr. Thomas Watson, who is her family doctor who prescribed Serzone and also a
rheumatologist who prescribed Mobic. The rheumatologist was Dr. Sanford in Camp
Hill, P A. The reason for seeing him wasfibromyalgia. In this condition, she described
weakness of her neck, low back pain, as well as difficulty in holding her head up.
Apparently, she is not taking anticonvulsants at the present time.
At the time of our interview, she noted no lateralized visual or motor symptoms. She
remains blind as she was prior to the accident. No seizures have occurred. This lady was
formerly a teacher prior to her 1982 accident. Since that time she has not worked.
NEUROLOGIC EXAMINA nON: This was a pleasant lady who was very cooperative.
There was no organic mental syndrome or aphasia. The face-hand test was negative.
Vision is nil in both eyes. The pupils were 2 to 3mm and reacted directly and
consensually. The optic disks were of good color and sharp outline. I believe that she
was able to perceive the presence or absence of light. However there was no measurable
visual acuity. Visual fields could not be tested. Eye movements were full without
nystagmus. Facial sensation was normal. Lower cranial nerve examination was
satisfactory. Gait testing was limited by the patient's visual state. I could detect no
motor weakness. Deep reflexes were present and there was no Babinski sign.
On sensory examination touch as well as pin prick were intact. A more detailed sensory
examination was difficult at this time,
Miscellaneous examination revealed no bruit heard in the head or neck. There was no
pain on percussion over the spine. The neck was supple.
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Page 3
RE: Jayne W. Buxton
IMPRESSION: Most of the findings on today's neurological examination are related to
the previous gunshot wound, which occurred in 1982. I can find little on examination,
which relates to the motor vehicle accident. The current symptoms may partially be
explained by the patients fibromyalgia but for definitive evaluation I suggest at this time
an MRI examination of the head - non-contrast - be carried out.
On a clinical basis, based on my contact with this lady today, there are no significant
objective findings related to the motor vehicle accident of January 23, 2001.
At the time of the IME in our office, we did not make any arrangements for the needed
MRI examination pending our contact with you. Please advise whether you wish to
arrange this radiological examination from your end or if you wish us to have it carried
out here. In any event, after learning the results, I would be pleased to comment to you
further.
Thank you for the opportunity to examine your client
Sincerely yours,
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MHSlbah
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CERTIFICATE OF SERVICE
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AND NOW, the undersigned does hereby certify that he did this date serve a copy of the
foregoing pre-trial statement upon the other parties of record by causing same to be forwarded via
facsimile transmission on February 22, 2005:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
243-8955
245377
JOHNSON, DUFFIE, STEWART & WEIDNER
J erson J. Shipman, Esquire
Attorney 1.0. # 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant