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Home My WebLink About01-2310 FX i~'f ",' ,_H , - ~ ~" .. . & OCT 0 9 2002 LD John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, FA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2001-2310 Civil Term CORBIN DIXON, Defendants JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM I. Statement of Facts as to Liability This matter arises from an automobile accident which occurred on June 18, 1999. Plaintiff Terry Smith had exited Interstate 81 at the College Street exit when his vehicle was struck from behind by a vehicle operated by Defendant Corbin Dixon. Both vehicles were driveable from the scene, the accident was deemed not reportable by the Pennsylvania State Police Trooper who came to the scene of the accident. Mr. Dixon concedes negligence with regard to the happening of the accident, but Mr. Dixon disputes that the accident was a substantial factor in causing Plaintiffs' claimed injuries. ','..- ~ ~,~. '",~.x,.:..",1','-~~' '~', "--,,",0. ''',0~ '___~__ ,_,1%11 _,_'_.,~ -'~ -, ", ,'''''' -'--" "". ,"... ".~..,"" ,,,~ .~--~" "',--,".~-'-'.", >, .-" "'~ . ~ , '- "",,~ ,"'~"""'~ ",0 ,., ";, ' < . . II. Facts as to Damages Plaintiffs contend that the above referenced accident has caused Mr. Smith to suffer a back injury which has prevented him from returning to his part-time job at UPS. Mr. Dixon disputes Plaintiffs' contention. To the contrary, Mr. Smith has a history of degenerative arthritis throughout his spine, as well as other factors which are causing Mr. Smith's alleged condition. III. Issue as to Liability and Damages Was the accident a substantial factor in causing Plaintiffs' alleged injuries? IV. Legal Issues Plaintiffs have taken the deposition of William A. Rolle, Jr., M.D., as an expert witness for use at trial. The transcript from the deposition has not been forwarded to counsel as of the time of the preparation of this Pre-Trial Memorandum. However, it is believed that Dr. Rolle did not render his opinion to a reasonable degree of medical certainty. As such, upon receipt of the transcript, Mr. Dixon may file a Motion in Limine to preclude Dr. Rolle's testimony. 2 .,~, ..->,;-;-' - ,,'''"''''~I.-'I' "'j '^".'.' ~'-'" --:" ".~,"" >,,'--'" ~~ _ _ _.___""=.~ ,'. , M._','" ',., >", - , - ,~. ~ , ,.~. ,< ""., ~, . -~ V. Witnesses 1. Corbin Dixon 2. Carl Ellenberger, M.D. (A copy of Dr. Ellenberger's report and CV are attached hereto) 3. Terry Smith 4. Eve Smith 5. Any other witnesses identified by Plaintiffs. VI . Exhibi ts 1. Deposition of Carl Ellenberger, M.D. 2. Plaintiff's medical records. 3. Photographs of Plaintiff's vehicle. 4. Any exhibits identified by Plaintiff. VII. Settlement Negotiations Plaintiffs have demanded $100,000, and Mr. Dixon has offered $60,000. 3 ~,,..,-~~ , ,._",..,...,_, '_,_",. .c~_..,_ "._,,,~,..,, "'<.' I'~I '"; ,-,- .' '> "' "--.'___~ r"t , - - ~~ " 7~ ~. ".,"'-"--'.'~~'. '", - VIII. Special Request Mr. Dixon resides in Virginia. It is respectfully requested that this matter be given a date certain for trial for the convenience of travel of Mr. Dixon. Plaintiffs have indicated a concurrence with this request. It is anticipated that this matter will take three days to complete trial. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. ~t( A~ Joh R. Nlnosky, ESqUl e Attorney 1.0. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: October 8, 2002 4 -L~." "-:'-1",'_'.~;, O",'I,y - ~-- ~" ", I--T~ -,-.", c' ~,. ._"_ e, -,,' -" - --~~ ,,- ,-' ,- . -- ~--, Neurology NeurlHlphlhalmology Neuroimaging Carl Ellenberger, Jr, MD GSH Imaging Center 320 Oak Street Lebanon, PA 17042 Telephone: 7172704580 American Board of Psychiatry and Neurology FAX: 7172704584 ca~,.llenberger.med.65@aya, yale.edu January 29, 2002 John R. Ninosky Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Terry L. Smith Dear Mr. Ninosky, I examined Mr. Terry Smith and reviewed his medical records in my office on January 28 in the presence of Mary Ann Claraval who observed and recorded the entire 45- minute interview and examination. I reviewed x-rays of his cervical and thoracic spine and MRl's of his lumbar and thoracic spine dated September 27, 1999. MEDICAL HISTORY On June 18,1999 Mr. Smith, 41-years-old, was stopped at a traffic light and his pick- up truck was struck from the rear by another vehicle. Mr. Smith was thrown forward against his shoulder belt and then backward against the seat and headrest. He immediately experienced headache, pain and stiffness in his neck and pain in the middle of his back. He was not unconscious and remained in his truck as the driver ahead got out of his car to check his rear bumper and spoke briefly to Mr. Smith. Then Mr. Smith drove his truck to the left shoulder of the road, the driver who struck him followed, and they both got out of their vehicles to talk. A state trooper arrived 30-45 minutes later. Both drivers reported they did not need an ambulance. The trooper did not report the accident and both drivers drove away. When Mr. Smith visited his family physician on June 21, he reported pain in his left wrist lasting a few hours that had resolved. The symptom that remained was "increasing stiffness in the neck and upper thoracic area that radiates to both arms." The physician recorded, "No loss of consciousness, no visual disturbances, no complaints of headache or trouble swallowing." He found "decreased range of motion secondary to stiffness and pain. Palpatory tenderness and spasm in the posterior cervical spine and bilateral trapezius muscles as well as bilateral paravertebral muscles of thoracic area." He diagnosed "acute cervicallthoracic sprain/strain" and prescribed Naprosyn, Flexeril, and moist heat and excused Mr. Smith from work for a , 1">":~1;,)o," ."'",_""J c""'- ",. - ''''I'-r!'',"'' ,,' . '-~,'.~ ,- ,-. I .:" t,- . week. To be concise, these symptoms have remained since that time, variably and only temporarily affected by a variety of treatments, including chiropractic, analgesics, injections, exercises and physical therapy. Mr. Smith was again involved in a collision on October 28, 2000 when a driver crossed the median and struck the right front of his vehicle. That driver was killed instantly but Mr. Smith received only minor injuries which, he says, resolved totally. He does not believe that ,collision worsened his symptoms from the earlier accident but it was very upsetting to him emotionally--he saw the other driver immediately before and after her death-and he continues to be treated by therapy and Effexor for depression. I asked Mr. Smith to describe his current condition and symptoms. He first said that he awakens several times each night because of pain and must change his position. He rarely gets more than six hours of sleep. On awakening in the morning the center of his back (from about the belt line to about 8 inches above) is stiff and he must stretch ("cat stretch") even before leaving his bed. He feels stiff most of the day and almost any activity, walking as well as prolonged standing or sitting in one position, will bring on pain that radiates up his spine and muscle tightness in the middle of his back, usually slightly more on the right side. The pain may radiate around his chest into the front of his rib cage, equally on both sides. Bending forward, as when washing dishes or pumping gasoline, will worsen the pain. When the pain becomes to intense he stops whatever activity that brought it on and lies flat on a firm surface and then flexes his spine and stretches, a maneuver that relieves the pain within an hour, usually by 15-20 minutes. The frequency and intensity of the pain, although temporarily improved by some of his treatment, has not changed over the 2 1/2 years since the accident. Because of his pain he is less active than he was before the accident. He no longer can do construction work or the lifting that was required of his job with UPS. He has limited his recreational activities to minimize pain. He stretches and performs other exercises he learned in therapy several times a week, but he cannot do any more strenuous exercises, such as running or aerobic exercises, to maintain cardiovascular health. He feels his energy level is normal, but, possibly because of poor sleeping, he falls asleep easily during the day if he is unoccupied. He still feels depressed and can be irritable. Before the accident his medical history includes right shoulder surgery followed by therapy and work hardening exercises in November 1998. He and his physicians state that he recovered fully and returned to his previous level of work and activity. He also had bunionectomy, and finger and nose surgery. EXAMINATION On my examination Mr. Smith was cooperative and forthcoming. Aside from appearing mildly stiff when removing his shoes, he showed no outward appearance of pain or limitation of any motion of his limbs or trunk. He could bend forward and lower his fingers to within an inch or two of his toes. He had no difficulty lying, sitting, ',1""'!I ",~"_,_., <~__ _F ,_'".'<",_". __, , '--I , ,. ~,-- ~- -~ .,., _-~ , . ", ..' or arising. He had mild truncal obesity but otherwise appeared reasonably fit for his age. All of his joints had full range of motion and he could turn his neck and twist his thorax throughout a normal range. His gait and mobility were normal. I could raise both legs straight to 90 degrees when he was supine. Muscular strength, tone and bulk were normal and all deep tendon reflexes were normal. Sensation, coordination, and cranial nerve functions were normal. Vision was 20120 with his glasses. Blood pressure was 150/100, pulse 72 and regular. I didn't hear any abnormality over the heart or lungs. In summary, except for elevated blood pressure, I found no abnormalities on a limited general physical examination and a neurologic examination. I reviewed the MRI scans and, in general agree with the official reports. He indeed has a range of degenerative changes of the vertebral bodies and several intervertebral discs, including disk bulges and hemiations, that is close to an average degree for his age. (These abnormalities have also been called "arthritis of the spine" or "spondylosis"). They have slowly developed over most of the course of his adult life. CONCLUSIONS My examination did not disclose the reason for Mr. Smith's symptoms. It was essentially normal. Thus, we are dependent on Mr. Smith to describe the location, character, duration, and severity of his pain and stiffness. We have no objective methods to measure them. This situation contrasts with that of patients, for example, who have rheumatoid arthritis in whom we can assess the severity of the disease by visible (swelling, redness, and deformity) and palpable (warmth) abnormalities-as well as limitation of movement-of the joints. These objective abnormalities also give some indication of the severity of the symptoms. The MRI scans do not disclose the cause of the symptoms. Any of the multiple age- related "wear-and-tear" abnormalities detected in the lumbar and thoracic spine are routinely found (absent trauma) among as many as 50% of individuals of similar ages who have no symptoms at all. These are all degenerative changes and most, if not all, would have been found by MRI before the accident. They take years to develop. The most obvious of these abnormalities, "moderate" disc herniation in the lower lumbar spine, does 'not seem to cause pain because, if it did, Mr. Smith would have pain at a lower level than he describes. So, paradoxically, the level~ (at least 6, according to Mr. Smith's description) in the spine that he says are most painful-the middle thoracic levels-are relatively less abnormal on the MRI. There is no way to associate any of the bulges, herniations, osteophytes or compression deformities in the thoracic and lumbar spines with any particular symptom or with the accident. (The "Discogram," performed in this case, has never been proven to be a valid method of assigning a particular pain to a particular abnormality.) The only clue to the origin of Mr. Smith's pain is that is was "post-traumatic," ie, it began only after the accident, according to Mr. Smith. From his description, it seems likely that the original location of the source of the pain was in the spine, rather than soft tissues or muscles, but that source has never been identified and has probably ,~'~""'" ~ "" -"," ,'",^",,-',",'~_'-'-^'-' ,_,....,"-- -~'" - ,~,'.I,--I,-~,- ~',_.,-t". -'" " ~ ,~- " ., T ~~ . ' " long ago healed. The fact that Mr. Smith's symptoms have persisted so long and have been so resistant to treatment remains a mystery to me. Good controlled scientific studies have shown that more than 95% of patients recover from back pain within 2 months. Back pain is usually episodic. Mr. Smith did not recover from pain and so it is fair to say that he has an example of the "chronic pain sY!1drome." In this syndrome, after about six months from onset, the pain becomes dissociated from its original cause. It follows that attempts to remedy the pain should take into account other factors beyond the anatomical location of the pain because any abnormalities at that site have long since healed. These other factors usually include depression of any cause (not just depression attributed to chronic pain itself), marital, work, family, or social stress, secondary gain, prospective compensation, anger, inappropriate medication use or medical care, personality, and many others. Some of these additional factors may apply to Mr. Smith. To a reasonable degree of medical certainty I believe that it is an oversimplification to state that the relatively minor trauma experienced by Mr. Smith was the single simple cause of the disabling symptoms he has had for over two years. Siny.ererv: / ,/ / )' ':7, I. ,"" , " , , tfit~~ Carl Ellenberger, Jr, MD U' ,'"~ . - , ~'" -, ~ ,~'-'"'- - , > ~'- -I I - -- '.~' , _, ,"~of ':'1i."""" ~ ~ ;~_, ,ce"" , ~ , ,<>- ,<- .'1- I~ , CARL ELLENBERGER. JR, MD Curriculum Vitae and Bibliography April, 2002 - '"",=<. ,'","", ". .-".,-'. "",-, =-"-- , Ellenberger, CV 2 BIOGRAPHICAL CARL ELLENBERGER, Jr, MD Office address: GSH Imaging Center 320 Oak Street Lebanon PA 17042 (717) 270-4580 Communications: Carl Ellenberger, Jr, MD Box 70 Mt. Gretna PA 17064 717-964-3885 Academic Education: University of Rochester 1957-1961 Rochester, New York Yale University School of Medicine1961-1965 New Haven, Connecticut BA, with distinction MD Honors: Phi Beta Kappa University of Rochester 1961 Doctor of Music, honoris causa Elizabethtown College 1995 "Best Doctors in the US" 1979, 1984 editions, Seaview Books "Physician Volunteer Award" Pennsylvania Medical Society 1997 Marquis "Who's Who in Medicine and Healthcare" 1997- Training: University of Virginia Hospital Department Of Medicine, Charlottesville, VA 1965-1966 Medicallntemship University of Virginia Hospital Department of Neurology, 1966-1967 Residency in Neurology University of Virginia Hospital Department of Pathology 1967-1968 Fellowship in Neuropathology i~~ , Ellenberger, CV Training (cont'd) Barnes Hospital/Washington Univ 1970-1971 Department of Neurology St. Louis, MO Washington University 1971-1973 School of Medicine Department of Ophthalmology St. Louis, MO Military Service: Major, United States Army Medical Corps 1968-1970 Licensure: State of Pennsylvania, #MD-014715-E Certification: National Board of Medical Examiners, 1966, #82328 American Board of Psychiatry and Neurology, Certified in Neurology, 1974, #13177 American Society of Neuroimaging Certified in MRI, 1994 Faculty, Administrative, and Hospital Appointments: Pennsylvania State University School of Medicine July 1973- June 1980 University Hospital Hershey, PA July 1973- June 1980 Pennsylvania State University July 1976- June 1980 Case Western Reserve University Oct. 1980- School of Medicine June 1986 University Hospitals of Cleveland Oct. 1980- June 1986 ;",jW~I!1!IL _""~" ,.""_"",_"'P__~'""" "y.,"_~, - '." ,-,"='0:'1-~: " , . r._" . ,,","_. >,_ ,~ . ~ ,_ 3 Residency in Neurology Fellowship in Neuro- ophthalmology and r:nedica! Ophthalmology Chief, Dept. of Neurology US Army Hospital, Ft. Ord, CA Assistant Professor of Medicine (Neurology) and Surgery (Ophthalmology) Director, Clinical Visual Physiology Laboratory Associate member of the Graduate Faculty Associate Professor of Neurology & Ophthalmology Chief, Division of Neuro-ophthalmology Ellenberger, CV 4 Good Samaritan Hospital Lebanon,PA Jan, 1987- Active Staff Appointments (cont'd) Lebanon Magnetic Imaging Lebanon,PA Oct. 1989-1997 Medical Director Medical Imaging Consultants 1998- Member Editorial Responsibilities: Editorial Boards Neuro-Ophthalmology (Aeolus Press), 1985-1994 Joumal of Neuroimaging (Little Brown), 1991-1997 Section Editor Neuro-ophthalmology (Excerpta Medica), Vols. I-III (1980-1984) Current Neuro-Ophthalmology (Yearbook), Vols. 1-3 (1986-1990) Other Examiner, American Board of Psychiatry & Neurology, 1975-1994 (11 exams) Membership in Medical and Scientific Societies: American Academy of Neurology (Elected Fellow) American Medical Association (1988 -1995) American Neurological Association (Elected 1984) American Society of Neuroimaging (Board of Directors, 1992-1995) Association for Research in Vision and Ophthalmology, 1981-1986 Brazilian Academy of Neurology (Honorary member) Frank Walsh Society . Intemational Perimetric Society (1978-1985) Lebanon County Medical Society North American Neuro-Ophthalmology Society (Board of Directors, 1982-1985) Pennsylvania Medical Society Stroke Council, American Heart Association, Fellow (1990 -1995) Committees: Milton S. Hershey Medical Center Utilization Review Committee, 1976-1978 Medical Records Committee, 1978-1979 Case Westem Reserve University Chairman, Departmental library Committee, 1981-1985 ',~~,-", "-,,~- ,. "' , ,''''-- 'I- I - .-' ~- ,-, ,- -. ',-' , -~ , Ellenberger, CV 5 Chairman, Resident Evaluation Committee, 1981-1983 Member, Neuroscience Conference Committee, 1981-1983 Member, Medical School Continuing Education Committee, 1983 Committees (cont'd) American Academy of Neurology Special Project for Quality Standards Subcommittee, 1990-1994 "Practice Parameters for Evaluation of Lumbar Radiculopathy" American Society of Neuroimaging Board of Directors, 1992-1995 Pennsylvania Medical Society, 1999 Ad Hoc Committee on Review of Undergraduate Premedical Requirements Community Activities: Music at Gretna, Inc. Founder 1976- Director 1976-1980 President 1980-1987 Artistic Director 1988-1992,1998- Pennsylvania Chautauqua Board of Managers 1986-1995 Mt. Gretna Arts Council 1987-1991 Wheatland Chorale (Board) 1990-1994 F''i: I, _;~,. ___00'_ _,_qe_,-,'_ "', ~';'1' 'I : ,~, ,-. ." - " , Ellenberger, CV 6 JOURNAL ARTICLES 1. Mushet, GR, and Ellenberger, C: Portable tangent screen. Arner J Ophthal63:864-865, 1%7. 2. Ellenberger, C, and Sturgill, BC: Endogenous pseudomonas panophthalmitis. Arner J Ophtha165:607-611, 1%8. 3. Ellenberger, C, and Netsky, MG: Inlim:tion in the optic nerve. J Neuml Neurosurg Psychiat 31 :606-611, 1%8. 4. Ellenberger, C, Campa, JF, and Netsky, MG: Opsoclonus and parenchymatous degeneration of the cerebellum. The cerebellar origin of an abnormal ocu1ar movement. Neurology 18:1041-1046, 1%8. 5. Ellenberger, C, Hanaway, J, and Netsky, MG: Embryogenesis of the inferior olivary nucleus in the rat A radioautographic study and re-evahJation of the rhombic lip. J Comp Neurol 137:71-88, 1%9. 6. Ellenberger, C, and Netsky, MG: The anatomic basis and diagnostic value Of opsoclbnus. Arch Ophtha183:307- 310,1970. 7. Ellenberger, C, and Runyan, TE: Holoprosencephaly with hypoplasia of the optic nerves, dwarfism and agenesis of the septum pellucidum. Arner J Ophtha!70:960-%7, 1970. 8. Fam:ll, FW, and EllenileJxer, C: Transient hemi1ingua1 para1ysis. Selective compression of the twe1fth nerve and jugu1arbulb by a saccular aneurysm of the carotid artery. Neurology 22:1061-1064, 1972. 9. Ellenberger, c., Keltner, JL, and Stroud, MH: Ocular dyskinesia in cerebellar disease. Evidence for the similari1y of opsoclonus, ocu1ar dysmetria and flutter-like oscil1ations. Brain 95 :685-692, 1972. 10. Ellenberger, C, Keltner, JL, and Burde, RM: Acute optic neuropathy in older patients. Arch Neuml 28: 182-185, 1973. II. Ellenberger, C, Burde, RM, and Keltner, JL: Acute optic neuropathy. Treatment with diphenylhydantoin. Arch Ophthal91:435-438, 1974. 12. Ellenberger, C: Modern perimetry in neuro-ophthalmic diagnosis. Arch NeuroI30:193-201, 1974. 13. Ellenberger, C: Sudden loss of vision. Trans Pa Acad Ophtha! Otolatyngol 29: 14-23, 1975. 14. Ellenberger, C: Perioptic meningiomas. Arch Neurol 33:671-676, 1976. 15. Ellenberger, C, and Ziegler, SB: V1SUaI1y evoked potentials and quantitative perimetry in multiple sclerosis. Ann Neurol1:56I- 564, 1977. 16. Ellenberger, C, and Ziegler, SB: Quantitative perimetry and visual evoked potentiaIs in multiple sclerosis. Doc Ophtha! Proc 14:203-206, 1976. 17. Ellenberger, C, Petro, D, and Ziegler, SB: The visually evoked potential in Huntington disease. Neurology 28:95- 97, 1978. 18. Ellenberger, C, and Shuttlesworth, DE: Electrical correlates of normal binocular vision. Arch Neurol 35:834-837, 1978. 19. Ellenberger, C, and Messner, K: Papillophiebitis: Benign retinopathy resembling papilledema or papi1litis. Ann NeumI3:438-440, 1978. 20. Ellenberger, C: Ischemic optic neuropathy as a posstble early complication ofvascular hypertension. Amer J Ophthal88:1045-1051,1979. ''i'''' , Ellenberger, CV 7 21. Ellenberger, C: Introdnction to visually evoked potentials. Trans P A Acad 0phthaI Otolaryngol 33: 140-143, 1980. 22. Ellenberger, C: How can visually evoked potentials aid the practicing physician? Trans P A Acad OphthaImol OtoiaJyngoI33:133-139,198O. 23. Petro, OJ and EIlenbeIger, C: Treatment ofhuman spasticity with Delta-9-tetrahydrecannabinol. J Clin Pharmaool 21:413S-416S, 1981. 24. Roseman, R and Ellenberger, C: Slowly progressive optic neuritis. Neuro-ophthaImology 2: 183-194, 1982. 25. Lavin, PIM, Traccis, S, Dell Osso, LF, Abel, LA, Ellenberger, C: Downbeat nystagmus with a pseudocycloid waveform: Improvement with base-out prisms. Ann Neurol13: 621~24, 1983. 26. Lavin, PIM, Smith, D, Korl, SH, and EllenbeIger, C: Wernicke's encephalOpathy - Ii predictable oomplication of hyperemesis gravidannn. Obstetrics and Gynecology 62 (Suppl.): 135-155, 1983. 27. Lavin, PIM, and Ellenberger, C: Recurrent ischemic optic neuropathy. Neuro-ophthalmology 3: 193-198, 1983. 28. Dell Osso, LF, EIlenbeIger, C, Abel, LA, and F1ynn, IF: The nystagmus blockage syndrome: Congenital nystagmus, manifest latent nystagmus or both? Invest Ophtha1 Vis Sci 24: 1580-1587, 1983. 29. D'Cruz, AA, Ellenberger, C: Diagnostic differences in visual field defects. Neuro-ophthaImology 3: 239-245, 1983. 30. Lavin, PIM, McCraIy, JJ, RI-.<m1ann. U, Ellenberger, C: Chia""",1 apoplexy: hemorrhage from a cryptic vascular malformation in the optic chiasm. Neurology 34: 1007- 10 II, 1984. 31. Feit, RH, Tomsak, R, Ellenberger, C: Structural faeton; in the pathogenesis of ischemic optic neuropathy. Amer J OpthaImoI98:105-108,1984. 32. Ellenberger, C: Recent advances in the understanding ofvision. Neuro-ophthaImology 4:185-206, 1984. 33. Ellenberger, C, Epstein, AD: Ocular oomplications of atherosclerosis. Seminars in Neurology, 6: 185-193, 1986. 34. Lavin, PIM, Ellenberger, C: Traquair's monocular hemianopic junction scotoma Proc. of the VIIIth International Perimetric Soc. 91-95, 1989 35. Ellenberger, C: DeIayed llIdiation injury to the optic neIVeS. J Neuroimag 2:30-32, 1992 36. Brackett LE, Demers LM, Mamourian AC, Ellenberger C, Santen RJ: Moebius syndrome in association with hypogonadotropic hypogonadism. J Endocrinol Invest 14:599-607. 1991 37. Ellenberger C, Cantore WA: "Idiopathic trochlear nerve paresis revisited with Gd-DTPA" J Neuroimaging. 3:193- 195, 1993 38. Ellenberger C: MR imaging of the low back syndrome. Neurology, 44:594-600, 1994 Practice parameters: Magnetic resonance imagillg in the evaluation of the low back syndrome. Neurology, 1994;44 :767-770. (See also The Yearbook of Radiology, 1995, p 393) 39. Ellenberger, C. The candidate who mistook his patient for a disease. Arch NeuroI51:301-303, 1994 40. Ellenberger, C: Memoir: "The Rnbato Quaeen of Shaker Heights" Neurology, in press i<~ - - """.'" ,'_, _~ .n'. _,"",,,,,!"~_,__,__ ~o,,",_--c" ., ,- -',~,';' ~I.,^-, >''"< ,_ _~ ._" ., .' Ellenberger, CV 8 BOOK CHAPTERS ' 1. Ellenberger, C: "The Afferent V1SU3l System" In Neurological Pathophysiology, edited by S. G. E1iasson, et al, Oxford University Press, New York, pp. 187-205, 1974. 2. Ellenberger, C. Shuttlesworth, D.E., and Palmer, E.A.: "Clinical Pathophysiology of the Cerebral Visual System" In International Ophthalmology Clinics, Vol. 17 edited by R Borde and] Karp, Little Brown Publishing Co., New York, pp. 65-83, 1977. 3. Ellenberger, C.: "Perimetry" In International Ophthalmology Clinics, von 7 edited by R Borde and ] Karp, Little Brown Publishing Co., New York, pp. 85-113, 1977. 4. Ellenberger, C: "The V1SU3l System" In Neurological Pathophysiology, 2nd ed., edited by E1iasson, S.G., et al, Oxford University Press, New York, pp. 215-236, 1978. 5. Ellenberger, C, and Ziegler, T: "The Swiss Cheese Visual FieId. Time-varying Abnormalities of Vision After 'Recovery' from Optic Neuritis" In Neuro-Orhth~lmnlogy. Focus - 1980, edited by JL Smith, Masson, New York, 1979. 6. Ellenberger, C: "The Retrochi~"",~1 V1SU3l Pathways" In Neuro-Ophthalmology, edited by ITW Van Dalen and S LesselI, ExerptaMedica, Amsterdam, Vol. I, pp. 61-77,1980. 7. Ellenberger, C: "The Retrochiasmal Visual Pathways" In Neuro-Ophthalmology, edited by ITW Van Dalen and S Lessell, Exerpta Medica, Amsterdam, Vol. II, pp 73-87, 1982. 8. Ellenberger, C: "Hemianopia" In Neurology and Neurosurgery Update Series, Princeton, Biomedia, Inc, Vol. 3, No. 14, 1982. 9. Ellenberger, C and Daroff, RB: "Neuro-ophthalmic aspects of MS." in Diagnosis of Multiple Sclerosis, edited by Poser, C, New York, Thieme Stratton 1984, pp. 49-63. 10. Ellenberger, C.: "The Retrochiasmal V1SU3l Pathways" In Neuro-Ophthalmology, edited by ITW Van Dalen and S Lessell, Exerpta Medica, Amsterdam, Vol. m, 98-112 II. Ellenberger, C: "The Retl'rr.hi~"",~l V1SU3l Pathways" In Current Neuro-ophthalmology, Vol. I, edited by ITW van Dalen and S Lessell, Yearbook Medical Publishers, Chicago, pp. 67-82, 1986. 12. Ellenberger, C.: "Recent Developments in the Understanding of Vision" In Reviews in Neurology and Ophthalmology, edited by ITW van Dalen, Aeolus Press, Amsterdam, 1987. 13. Ellenberger, C: "The Retrochi~"",~1 V1SU3l Pathways" In Current Neuro-ophthalmology, Vol 2, edited by ITW van Dalen and S LesseII, Yearbook Medical Publishers, Chicago, pp. 57-74, 1989. 14. Ellenberger, C: "The Retrochi~"",~1 Visual Pathways" In Current Neuro-ophthalmology," Vol 3, edited by ITW van Dalen and S Lessell, Yearbook Medical Publishers, Chicago, pp. 63-84, 1991 15. Ellenberger C, Soper]: "Common Distw:bances of Vision, Ocnlar Movement, and Pnpillary Function, "in Neuroimaging: A Companion to Adams and Victor's Principles of Neurology, McGraw-Hill, pp 111-140, 1994 16. Ellenberger C: "Distwbances of Vision, Ocnlar Movement, and Pnpillary Function," in Neuroimaging: A Companion to Adams and Victor's Principles of Neurology, 2nd ed.,McGraw-Hill, 1999.. , Ellenberger. CV 9 BOOKS 1. Ellenberger, C: "PerimetIy: Principles, Technique, Interpretation" Raven Press, New Y orl<, 1980. Igaku-Shoin, Tokyo, 1983. ScIENTIFIc PRl!SENTATIONS, LEcruREsHIPS, PROGRAM PARTICIPATION: I. Radioautographic study of the embtyOgenesis of the inferior oliVlllY nucleii in the rat"," presented at the 82nd session of the American Association of Anatomists, Boston, April I, 1969. (with J Hanaway) 2. "The anatomic basis and diagnostic value of opsoclonus", presented to the Section on Ophth~lmology, AMA, New Yorl<, July 14, 1969. 3. "Di1antin therapy in ischemic optic neuropathy", (with RM Burde), presented at the 7th Annual Neuro- OphthaImology Symposium of the University of Miami School of Medicine, Key Biscayne, Florida. January 3, 1973. 4. "Ocular dyskinesia", presented at the 5th Neuro-OphthaImology Pathology Symposium, Boston, Massachusetts, February, 1973. 5. "Color perimetry", presented at the 8th Annual Neuro-Ophthalmology Symposium of the University of Miami School of Medicine, Key Biscayne, Florida. Janumy 7,1974. 6. "Iatrogenic olbital syndrome", (with JS Karp, RM Burde and JS Brooks) presented at the 6th Neuro-Opthalmology Pathology Symposium, Los Angeles, Califurnia, February, 1974. 7. VISiting Professor, Department of Neurology, University of Vrrginia Hospital, MaICh 31, 1975. Lecture: "Modem techniques of assessh\g visual function". 8. "Sudden loss ofvision", presented to the Annual Meeting of the Pennsylvania Academy of OphthaImology and Ot01aryngology, May, 1975. 9. "The neuro-ophthalmology of c:erebral palsy" presented at Conference on Cerebral Palsy, Hospital for Crippled Children, E1lzabethtown, PA, June 12,1975. 10. VISiting lecturer and oonsu1tant, Department ofOphthlllmology, Geissinger Medical Center, Danville, PA, September 1974-August 1975. Twelve lectures on "Introduction to Neuro-Ophthalmology". II. "Temporal artery biopsy" and discussion of "Septo-optic dysplasia" at the 10th Annual Neuro-OphthaImology Symposium of the University of Miami, Miami Florida, Janumy 6-9, 1976 (invited discussant). 12. "VtsualIy evoked potentials in Huntington's Chorea" (with DJ Petro and SB Ziegler) presented at the 28th Annual meeting of the American Academy of Neurology, Toronto, April, 1976. 13. "Ophthalmic aspects of c:erebral vascular disease", presented at meeting of the American Heart Association, Hershey, PA, April 7, 1976. "11;'* ,'" , T "> ',y~, "'"~, ',' ~'<' 1--"1' ~"-~ Ellenberger, CV 10 14. "Three dimensional perimettyin glaucoma". Exhibit (with ME VanBuskitk) at the Annual Meeting of the Pennsylvania Academy of Ophthalmology and OtolaJyngology, Bedford, PA, May, 1976. 15. "Static perimetty and visually evoked potentials in multiple sclerosis", (with SB Ziegler). Presented at the 2nd international Visual Field Symposium, Tubingen, Germany, September, 1976. 16. Visiting Professor, Departments of Ophthalmology, Neurology and Neurosurgery, George Washington University, Washington, DC: Lecture on "Visually evoked potentials", January, 1977. 17. "Thyroid eye disease", Medical Grand Rounds, Allentown Sacred Heart Hospital, Allentown, P A, January 18, 1977. 18. "Carotid ophthRlmic aneurysm", presented at the 9th Annual Neuro-Ophthalmology Pathology Symposium, St. Louis, Missouri, Februmy, 1977. . . 19. "Electrical correlates of nonnal hinocular vision" (with DE Shuttlesworth, EA Palmer, SB Ziegler), presented at the 29th Annual Meeting of the American Academy of Neurology, Atlanta, May, 1977. 20. SecretaIy of the General Scientific Session, 29th Annnal Meeting of the American Academy of Neurology, Atlanta, May, 1977. 21. Discussion of "Visual evoked response studies in 2~ of visual field defects", at the 102nd Annnal Meeting of the American Neurological Association, Chicago, June, 1977. 22. Organizer of a """,inRr on "Diagnosis and 9<""",cment of optic neuropathy", ponsored by the Division of Ophthalmology, MS Hershey Medical Center, Hershey, P A. Lecture on "Measurement of Vision", October 12, 1977. 23. Invited speaker, New England Ophthalmological Society, Boston, Massachusetts. Lecture on "Monocular Blindness", December, 1977. 24. "Ophthalmic aspects of cerebrovascular disease", Lakewood Hospital, Lakewood, Ohio, December, 1977. Invited guest lecturer. 25. "Double depressor palsy", presented at the 10th Annnal Neuro-Ophthalmology Pathology Symposium, Baltimore, Februmy, 1978. 26. "Optic Neuropathy", presented at """,inRr on "Pediatric Ophthalmology", sponsored by Division of Ophthalmology, MS Hen;hey Medical Center, Hershey, PA, June 21, 1978. 27. "E,rnminlltion of the visual fields", presented at the Creighton-Nebraska Neurology program, Omaha, Nebrnska, November 18, 1978. 28. Seminar on "EnminRtioo of the Ocular Fundus", presented at the Creighton-Nebraska Neurology program, Omaha, Nebrnska, November 18, 1978. 29. Visiting professor, Department of Neurology, University ofMatyland, Baltimore, Lecture on "The visual fields", December 8, 1978. 30. "Treatment ofhuman spasticity with Delta-9-tetrahydrocannabinol", presented at the Annual Meeting of the American Association for the Advancement of Science, Houston, Texas, January, 1979 (poster with DJ Petro). 31. "New concepts of ischemic optic neuropathy", presented at Neurology- Neurosurgery Gland Rounds, Thomas Jefferson University, Philadelphia, Pennsylvania, January 19, 1979. '~c""" .,. .- '.' .,,-"0' ", ,.~.. _r_'_ _'.'>'; ,> ,,', _~ ~""I~I "', "'.. '--',- -, ., ., Ellenberger. CV 11 32. "Ischemic optic neuropathy: a new theory of pathogenesis", presented at the Eye and Ear Infirmary of the University of lllinois, Chicago, DIinois, March 1979. 33. "Ischemic optic neuropathy", presented at Grand Rounds, Department of Neurology, University of Pennsylvania, April, 1979. 34. "Trealment of human spasticity with Delta-9-tetrahydrocannabinol", presented at the 31st Annual Meeting of the American Academy of Neurlogy, Chicago, Dlinois, April, 1979 (platform presentation with DJ Petro). 35. Faculty member, Neuro-Ophthahnology course, 31st Annual Meeting of the American Academy of Neurology, Chicago, April, 1979. 36. "The Swiss cheese visual field", presented at the weekly Neuro-Ophthalmology conference, Wills Eye Hospital, Philadelphia, May, 1979. . . 37. "How can visually evoked potentials aid the practicing ophthalmologist?" Invited lecture at the P A Academy of Ophthalmology and Otolaryngology, Bedford, P A May 23, 1980. 38. "Current concepts of ischemic optic neuropathy", presented at the Annual Meeting of the Rocky Mountain Neuro- ophthalmology Society, January 19,1981. 39. "Examination of the visua1 system", Neuro-ophthalmology course, American Academy of Neurology, April 28, 1981, Toronto, Canada. 40. "The nystagmus compensation (blockage) syndrome", Ellenberger, C, Dell Osso, L, Abel, L, and 0 Shea, ET (presented by Ellenberger, C.) Annual Meeting of The Association for Resean:h in Vision and Ophthalmology, May 1, 1981, Sarasota, Florida. 41. "Current diagnosis and management of pituitary tumors" , Section of Ophthalmology, Annual meeting of the Ohio State Medical Association, May 19, 1981. 42. "The diagnosis and management of optic neuropathies", Grand Rounds, Dept of Neurology, The University of Michigan, Ann Arbor, September 23, 1981. 43. "Para-infectious optic neuritis," invited discussant at the Annual Meeting of the Frank Walsh Society, Los Angeles, February, 1982. 44. "Anatomy of the ocu1ar mntor system," Co-moderator, section of the Ocular Motor System, Rocky Monntain NeurtHlpthalmo1ogical Society, Lake Dillon, Colorado, February, 1982. 45. "Optic nerve and chiasm," Neuro-opthalmology course, American Academy of Neurology, Washington, DC, April 28, 1982. 46. "Optic neuritis" and "lschemic optic neuropathy, " presented at "NeurtHlpthalmology for the Practitioner," The Cleveland Clinic Foundation, Cleveland, Ohio, May 21-22, 1982. 47. "Anatomy of the vestibnlar pathways, " presented at the annual Rocky Monntain NeurtHlpthalmology Course, Big Sky Montana, February 16-19, 1983. Faculty member. 48. Neuro-ophthalmic complications of intracarotid infusions, presented at the annual Rocky Monntain Neuro- opthalmology Course, Big Sky, Montana, February 1983. Co-anthors: Korl, S, Lavin, PJ, Bonstelle, C. 49. Faculty member, annual Harvard Neuro-ophthalmo1ogy Course, Boston, September 26-28, 1983. :f,~-<>; ,".... ,~ , -~ . - ',,' 0,"1 rr~'.. ., Ellenberger, CV 12 50. Moderator, Section on VISion, Annual Meeting of The Rocky Mountain Neuro-ophtbalmology Society, Snowbird, Utah, January 17-2 I, 1983. Lecture: "Hemianopia" 51. Chj~"",~1 compression, presen1ed at the annual meeting of \he Frank Walsh Society, Cleveland, FeblllllIY 1984; with RH Fei\. 52. Swel1ing of\he optic disc, presented at \he Neuro-ophthalmology course, American Academy of Neurology, Boston, April 8-14, 1984 53. "Retinal and optic nerve ischemic syndromes." Invited lecture at the 10th Internatioual Joint Cooference on Stroke and Cerebral Circulation. New Orleans, Feb 21-23, 1985. 54. Swelling of\he optic disc, presented at \he Neuro-ophthalmology course, American Academy of Neurology, Dallas, May 2, 1985. 55. "Neuro-ophtbalmology," 10-hour course presented at the 12th Congress of the Brazilian Academy of Neurology, Belo Horizonte, September, 1986. 56. "Ocular Complications of Atberosc1erosis, " presen1ed at \he Annual Neuro-ophthalmology Symposium, St Luke's Hospital, Cleveland, Sept 27, 1986 57. "Idiopathic" Trochlear Nerve Paresis revisited with Gd-DTP A, presented at \he annual meeting of the American Society of Neuroimaging, San Francisco, FeblllllIY, 1992 58. "MR Imaging of Ocular Motor Disorden;" Invi1ed lecture for the MRI Course given by the American Society of Neuroimaging at the 18th annual meeting, San Juan, Puerto Rico, March, 1995 59. "Magnetic Resonance Angiography" Invited lecture at the meeting of the Pennsylvania Academy of Ophthalmology, Harrisburg, P A, April, 1995 60. "Neuroimaging Case Studies" Faculty member at the 59th annual meeting of the American Academy of Neurology, Boston, April 1997 61. "MRI of the Low Back Syndrome" Faculty member at the 21st annual meeting of the American Society of Neuroimaging, Orlando, FL, Feb 27, 1998 62. "Introduction 10 MRI of the Brain" for Medical student Neuroscience course, Penn State School of Medicine, Hershey, JanuaIy 7, 1999 ABSTRACTS AND PUBLISHED LETTERS 1. Ellenberger, C: Deorsumduction and intorsion. New Eng J Med 278:225, 1968 (Letter). 2. Ellenberger, C: Stereopsis in parietal lobe damage. Am J Ophtbal 74: 172, 1972 (Letter to the Editor). 3. Ellenberger, C: Vtsual field defects. Am J Ophtbal 74:1214-1215, 1972 (Letter to the Editor). 4. Ellenberger, C: Acute effects of oral phosphate on visual function in multiple sclerosis. Neurology 25:97, 1975 (Letter). 5. Ellenberger, C and Netsky, MG: The anatomic basis and diagnostic value of opsoclonus. Datelines in Ophthalmology 6:12-13,1969 (Abstract). '.m _ ',.-,,' ,,'O'--":<-'._"'T__.i'u"_ . ~_r~_ " ."c, .",I.-'r"-" _ _ .'" _ .< ". ~'- ". Ellenberger. CV 13 6. Hanaway, J and Ellenberger, C: Radioautographic study of the embryogenesis of the olivary nucleii in the Rat Anat Rec 163:194, 1969. 7. Ellenberger, C, Netsky, MG, and Campa, JF: "Opsoclonus and parenchymatous degeneration of cerebellum: Cerebellar origin of abnormal ocular movement" Yearbook of Neurology and Neurosurgery pp. 90-92, 1970. 8. Ellenberger, C and Netsky, MG: "Jnfaretion in the optic nerve". Yearbook of Neurology and Neurosurgery, pp.94- 95, 1970. 9. Ellenberger, C, and Netsky, MG: "Anatomic basis and diagnostic value of opsoclonus" Yearbook of Neurology and Neurosurgery, pp. 75-76, 1971. 10. Ellenberger C Jr: Septo-optic dysplasia. Br Moo J 1972 Dee 2;4(839):552 11. Burde, RM, and Ellenberger, C: Dilantin therapy in ischemic optic nerve disease. Neuro-Ophtbalmology Vol. XII. Symposium of the University of Miami and the Bascom Palmer Eye Institute. J.L. Smith, 1.S. Glaser, Eels. pp 122-123, 1973. (Abstract). 12. Ellenberger, C, Burde, RM, and Keltner, JL: "Acute optic neuropathy in older patients" Yearbook of Neurology and Neurosurgery, pp. 64-65, 1974. 13. Ellenberger, C: "Modem perimetry in neuro-ophthalmic diagnosis", Yearbook of Neurology and Neurosurgery, pp. 85-86, 1975. 14. Petro, D., Ellenberger, C., and Ziegler, S.B.: The visual evoked response in Huntington's chorea. Neurology 26:366, 1976 (Abstract) 15. Ellenberger, C., Shuttlesworth, D.E., Ziegler, S.B., and Palmer, E.A.: Electrical correlates of normal binocular vision. Neurology 27:345, 1977 (Abstract) 16, Ellenberger, C., and Petro, D.V.: Treatment of human spasticity with delta-9-tetrahydrocannabinol. Neurology , 29:551, 1979. 17. Ellenberger, C, Dell Osso, LF, Abe1, L, and O'Shea, ET: The nystagmus compensation syndrome. Invest Ophthal Vis Sci 20 (No.3; ARVO Suppl.): 190, 1981. 18. Ellenberger, C: Propranolol-assaciated visual reduction. Ann Neuroll1: 638, 1982 (letter to the editor). 19. D Cruz, AA, Ellenberger, C: Diagnostic differences in visual field defects. Invest Ophthal VIS Sci 24 (Suppl.): 133, 1983 (abstrnct) 20. Ellenberger, C: Tunnel vision. Neurology 34: 127, 1984. (Letter) 21. Ellenberger, C: Posterior ischemic optic neuropathy. Neuro-ophtha1mology 3: 209, 1983 (letter). 22. Ellenberger, C: Role of carotid endarterectomy in ischemic optic neuropathy. Arch Ophtha1mol, 103: 1633, 1985 (letter). 23. Osorio,!, Ellenberger, C: Transient hemianopia and occipital lobe seizures. Poster at the annual meeting of the American Epilepsy Society, December, 1985, New York, NY. 24. Ellenberger, C: High performance ophtha1mology. Arch Ophth.1mnl. 109:1638-1639, 1991 25. Ellenberger C, Dbaduk NY: Two Faces of Ependymoma, J Neuroimaging. 7: 133, 1997 "IT.!,~_L_ '""V~""'_"" ~",,_,,'~_"_ ~. - 1"<1 '-.1 - ~ - , '", ,~~ ~ ., , ... ' Ellenberger, CV 14 26. Greenberg 10, Ellenberger C: Do neurologists have a future in Neuroimaging? Neurology 50, 1516-1517, 1998 PUBLISHED DISCUSSIONS, AUDIO TAPES, & BOOK REVIEWS I. Ellenberger, C: Discussion of "Visual evoked response studies in ~."'"'i.l11P.nt ofvisual field defects", Trans AIDer Neurol Assoc 102:155-156, 1977. 2. Ellenberger, C: Review of Clinical Neuro-ophthalmology by Ashworth and Isherwood, Blackwell, Oxford, 1981, published in Neuro-ophthalmology 2:71-72, 1981. 3. Ellenberger, C, Foley, 1M, Troost, BT: Review of5 recent articles. Jonmal Club Neurology Vol. 3, No.2, February 1982. 4. Ellenberger, C: Review of Spontan- und Provokations- nystagmus, 2nd ed: by B. Minnigerode and RH. Stenger, Springer-Verlag, Berlin, 1982, published in Amer J Ophthalmol 94: 128, 1982. 5. Ellenberger, C: Review of Walsh and Hoyt's Clinical Neuro-ophthalmology, Ann Neuro114: 96, 1983. 6. Ellenberger, C: Review of Congenital Anomalies of the Eye by JTW Van Dalen and JW Delleman published in Neuro-ophthalmology 4:73-74, 1984. 7. Ellenberger, C: Review of Molecular and Cellular Basis of VIsual Acuity, Hilfer, RS and Sheffield, JB (eds), New Yolk, Springer-Verlag, 1984, published in Neuro-ophthalmology 4:270,1984. 8. Ellenberger, C: Review ofCompnterized Visual Fields, Whalen, WR, Spaeth, GL (eds), Thornfare, Slack, Inc, 1985, Neuro-Ophthalmology, 6:71-72,1986. 9. Ellenberger, C: Review of Walsh and Hoyt's Clinical Neuro-ophthalmology Vol. 2 by Miller, NR, Neuro- ophthalmology, 5:218, 1985. 10. Ellenberger, C: Review of Diagnostic Imaging in Opbthalmology, Gonzalez, Becker and F1anag>>n (eds), Neuro- ophthalmology, 6:275-276, 1986. II. Ellenberger, C: Review of Clinical Decisions in Neuro-ophthalmology, Borde, RM, Savino, J, and Trobe, J, CV Mosby, St Louis, Neurology, 36:1412,1986. 12. Ellenberger, C: Review ofNeuro-ophthalmology: Clinical Signs and Symptoms, by TJ Walsh, Neurology 37: 178, 1987. 13. Ellenberger, C: Review of Matters Gray and White, by Russell Martin, Neurology 38: 158, 1989. 14. Ellenberger C: Review ofVtsion and the Brnin: The org;mization of the central visual system," edited by B Cohen and I l3odis-WolIner, Neurology, 40:870, 1990 15. ElIeuberger C: Review of Clinical Tests ofVtsion, byL Frisen, Neurology 41:613, 1991 _.~ '~-. - -" ~".,.~ '" ,'-""" '"'-< ,'f1--I. ,~_, . ~___ ,'.'_'. _",~ 1 ".. .. 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, ~ day of tJ~ with first-class postage prepaid on the , 2002, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJo~n&~~ Attorney 1.0. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant 63406.1 ,',""r' .,-,'-" ,""'-,, ,l~"y ~r", ."_''''<_ ~ " ,__,<_,' .,~ 0 1_""1 ---,- ~ ,- -,,~~" - TERRY 1. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2001-2310 v. : CIVIL ACTION - LAW CORBIN DIXON, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 212-4 I. Basic Facts as to Liabilitv: This motor vehicle crash occurred on Friday, June 18,1999 at approximately 12:00 p.m, The PlaintiffTerry Smith had been traveling south on Route 81 and exited at the College Street exit. Terry stopped in the left lane because of a controlling traffic signal. The Defendant Corbin Dixon was also traveling south on Route 81. Without regard to the fact that Terry's vehicle was lawfully stopped the Defendant Corbin Dixon drove his Isuzu Trooper into the rear of Terry's pick-up truck. Terry immediately suffered an injury to his spine which included a disc protrusion which is permanent in nature. Because of that injury Terry has been unable to return to his job at UPS as a pre-loader. 2. Basic Facts as to Damages: Because Terry has been unable to return to hisjob as a pre-loader at UPS he has lost the salary and fringe benefits commensurate with that job. Plaintiff s vocational expert psychologist Richard 1. Sieber will provide testimony that Terry's total lost wages and benefits will be $312,815. Terry is employable and has worked at other jobs since the crash, but has never been able to return to his job at UPS. The other jobs which he has held pay C.'"',"".",,_ _.,_.",...,.,.. ~__ __ significantly less than the UPS job, thus the $312,815 in net lost wages. Thee orthopedic surgeons and a physiatrist have examined Terry and agree that because of his back injury from this crash he cannot return to work at UPS. In addition, Terry has had significant back pain from the date of the crash to the present. His doctors have opined that Terry's back will continue to degenerate and that he will have back pain for the rest of his life. There is no surgical procedure available to alleviate Terry's pain. 3. Principal Issues of Liabilitv and Damage: (a) Liabilitv: There appears to be no issue of comparative or contributory negligence since the Defendant drove his Isuzu Trooper into the rear of Terry's pick-up truck. (b) Damages: The Defendant's expert appears to admit that Terry was injured in the crash but disagrees with the extent ofthe injury. The central issue will be Terry's inability to return to work at UPS. 4. Legal Issues Regarding Admissibilitv of Testimonv and Exhibits: The only issue at this point with respect to admissibility of evidence and testimony centers around Defendant's expert Dr. Ellenberger. Dr. Ellenberger is a neurologist and has performed opthomology surgery. He Ml_~ .__~ ~, ~, w, ,_ ~_ ~ 0 is not a spine surgeon nor a physiatrist. His qualifications to offer certain of his opinions in this case are doubtful and objections were made at his deposition: 5. Identity of Witnesses to be Called bv Plaintiff: Terry Smith, Eve Smith, Richard 1. Sieber (vocational psychologist), Dr. William Rolle (physiatrist by video tape deposition) Dr. William Beutler (spinal surgeon by video tape deposition) representative of UPS, Greg Wire (damage witness, personal friend), Jerry S. Wills, Jr. (damage witness, brother-in-law), and William Anderson (damage witness, ex brother-in-law). 6. List of Exhibits: Functional capacity evaluation, tax returns, lost wages chart from Richard 1. Sieber report, UPS job description, MRI reports, drawing of thoracic area, drawing showing a protrusion, photographs of vehicles involved, drawing of the scene, timeline, physical therapy records, chiropractic records, Dr. Rolle records, Dr. Amuso report, Dr. Polacheck report and Terry's medical records. 7. Current Status of Settlement Ne!!Otiations: The Defendant is insured through Erie Insurance with a policy limit of $100,000. Since the Plaintiffs special damages for loss of income exceed $300,000 and there is no question ofliability, a demand for the $100,000 was made. Defendant has made a counter offer of$60,000 which has been rejected by Plaintiff. It is anticipated that there will be an excess verdict which will then result in a bad faith claim being brought. Defense "i4_ -. ~ ~"~__ .~ "~,__, ,-,-,-" ",'_.~ ,~~" ,. L "~~ counsel has been notified of the potential for the bad faith claim and presumably has notified Erie's insured that he has significant personal risk in this matter. CLARA VAL & CLARA VAL Date: Dc;. g) ~a.... By ~!;tI!"-'H ROBERT . CLARA VAL P.O. Box 11965 Harrisburg, P A 17108-1965 (717) 233-4780 Supreme Court J.D. #19222 Attorneys for Plaintiffs TERRYL. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2001-2310 v. : CIVIL ACTION - LAW CORBIN DIXON, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certifY that I have this day served a true and correct copy of the attached Plaintiffs' Pre-Trial Memorandum by first class mail, postage prepaid, addressed to the following person: John R. Ninosky, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARA VAL & CLARA VAL Date: (o(q,!o:J.- By '- i)~UlM LVllih~hV) DENISE I. WILLIAMS, Secretary " ", ,~" -,'. ~.~m _'~' ~~ ~__,,'=' _~ """""'" TERRY L. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2001 - ~:d Ie Cli(.)~L~ v. CIVIL ACTION - LAW CORBIN DIXON, Defendant JURY TRIAL DEMANDED NOTICE - COMPLAINT YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE 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 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted an la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una orden ~" ",,-, -., ..~~"'" ~-~~",,~'-"'-'~_.~,~,.~ ,~",_.I ""_,_. contra usted sin previo aviso 0 notificacion y por cualquier gueja 0 alivio gue es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUNENTRA ESCRlTA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 !':~, -< '-'" , !<''OJ;:J"''ff;<"",_" ,,,,,_ "._,..__~ ',,,,_"'_~_ , _~ _~ _,^ f~_ __>" TERRY L. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2001 _ ,; 3/0 c.w.a -r;....-. v. : CIVIL ACTION - LAW CORBIN DIXON, Defendant : JURY TRIAL DEMANDED COMPLAINT I. The Plaintiffs, Terry Smith and Eve Smith, are adult individuals who reside at]] 6] Baish Road, Mechanicsburg, Cumberland County, Pennsylvania, ] 7055. 2. The Defendant, Corbin Dixon, is an adult individual who resides at Route 3, Box 158-P, Staunton, Virginia, 24401. BACKGROUND 3. On June 18, 1999, a Friday at approximately 12:00 p.m. the Plaintiff Terry Smith was driving his 1990 Nissan. 4. On that same date the Defendant Corbin Dixon was operating an Isuzu Trooper. "'.., """'~,~, _',,, ,,~''''',,"~'-'''''"'',=> ,.~ ".' ,'_,m""~,, "p' _')", "'." "'~,~,' '. . ~ ~.. .<., ~" 5. The Plaintiff Terry Smith was traveling south on Route 81 and had exited at the College Street exit of Route 81. The Plaintiff Terry Smith stopped in the left lane because of a controlling traffic signal. 6. The Defendant Corbin Dixon was also traveling south on Route 81 and was to the rear of the Plaintiff Terry Smith at the College Street exit. 7. Without regard to the Plaintiff Terry Smith's vehicle which was lawfully stopped, the Defendant Corbin Dixon drove his vehicle into the rear of Terry Smith's pick-up. 8. The force of the impact pushed Terry Smith's pick-up forward and caused Terry Smith's body to move backward and forward in a rapid manner. COUNT I Terry Smith v. Corbin Dixon 9. The collision and all of the hereinafter mentioned injuries and damages sustained by the Plaintiff Terry Smith are the direct result of the carelessness, recklessness and negligence of the Defendant Corbin Dixon as more particularly described below, :'f:~. H'" '- ,''''-,""_,''''~~""",><'''''_~,,__,o, _'~",,<_p' _ . ". ".,~,""~,?~, ~. " a.) In failing to stop his vehicle before colliding with the vehicle in which the Plaintiff Terry Smith was driving. b.) In failing to keep alert and to maintain a proper lookout for the presence of other motor vehicles, more specifically, the Plaintiff Terry Smith's vehicle. c.) In failing to keep adequate and proper control over his vehicle to avoid contact with the automobile which the Plaintiff Terry Smith was driving. d.) In operating his vehicle in a reckless manner and with careless disregard for the rights or safety of others and in operating his vehicle in a manner endangering persons and property in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. 93310, by following too closely to the car ahead of his truck, namely the pick-up driven by Terry Smith. e.) In failing to properly and quickly apply his brakes to prevent the vehicle he was driving from colliding with the rear of the vehicle which the Plaintiff Terry Smith was driving. ~'_0, ~~_ "1;' '=<0-_ ,_r_,""",,,,",,,"'''~,""~_,, ~, ,__~ _,_ _""" =. . 10. The force and impact of the collision as caused by the negligence of the Defendant Corbin Dixon caused serious and permanent injury to the Plaintiff Terry Smith for which he has received medical and chiropractic care. II. The Plaintiff Terry Smith suffered the following injuries as a result of the negligence of the Defendant: (a) Thoracic disc injury; (b) Persistent and continuous back pain; (c) Occasional numbness radiating down the spine to the left leg; (d) Rib pain; (e) Headaches; (f) Fatigue; (g) Loss of sleep; (h) A greater susceptibility to spinal injury; (i) Acceleration of degenerative changes in spine; G) Limitation in range of motion; and (k) General loss of strength. ',!,""'H,""",'Nfi~,""""'S".""""""" H' .., ,...,_, ,,' 12. As a result of the negligence of the Defendant Corbin Dixon as described herein, the Plaintiff Terry Smith has suffered and will continue to suffer mental and physical pain, great difficulty in carrying out and engaging in life's activities, a loss of life's pleasures and enjoyment, humiliation and embarrassment. 13. Plaintiff Terry Smith has and will in the future sustain a loss of earnings and an impairment to his earning capacity. 14. Plaintiff Terry Smith has been forced to expend sums of money for medical services, medication and therapy in the past and will be required to continue to do so in the future. 15. All of Plaintiff Terry Smith's injuries as herein described are continuing and will continue into the foreseeable future, as will the treatment costs thereof. 16. The negligence of the Defendant Corbin Dixon has resulted in the general deterioration of Plaintiff Terry Smith's well-being. WHEREFORE, the Plaintiff Terry Smith demands judgment against the Defendant Corbin Dixon in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. ~'F)"~ "",<-~".,,";, ~_'- ~~, .'''' _ __~'_~_'". ,,". _",___~_.' __,_",,-,',___1,,_( '-'.', -~ ."~ ~- COUNT II Eve Smith v. Corbin Dixon 17. Paragraphs 1-18 are incorporated herein by reference thereto. 18. The Plaintiff Terry Smith is married to the Plaintiff Eve Smith and was so at the time of the incident described above. 19. The Plaintiffs Terry Smith and Eve Smith have resided together since before and after the crash described above. 20. By reason of the aforesaid injuries to her husband, Eve Smith has been and will in the future be deprived of the assistance, society and companionship of her husband. WHEREFORE, Plaintiff Eve Smith demands judgment against the Defendant Corbin Dixon in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. ~, ", _.c'_'_'~_ ~_"_~_~~__'~"'""""'C"_~~_ ~,~ ,".,.~"_~""-'-_',I:'["_,""_''''_~C~'__~' _ _',' _ _ < . Date: "t/?/o, '-.' -<0; ~, ,~,_,__"~,_ ,,___~ 0' _,'=_'__""_'~_~"_' ~,,_"-____<, ".1>"',._", ~ , - ...'" ~ , . Respectfully submitted, BY~ ROBER F.CLARAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorney for Plaintiffs ~__, 'r . VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904, relating to unsworn falsification to authorities. T?!~cI . -",. _ <~, ,'".,_ _,7~" <',c.,"~""$ ,.'__ ,-"~I'''''.''~''''''-- '_""""" ~I.-, ."'~~"' ?_, ,c_ ,~~ "~~~",~',,^,,,->F,_"~',<'_'___- ,,_,'_e~ ," John R Ninosky, Esquire Attorney I D. No. 78000 GOlDBERG, KATZMAN & SlDPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717)234-4161 Attorney for Defendant TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. : NO, 2001-2310 Civil Term CORBIN DIXON, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John R. Ninosky, Esquire, of Goldberg, Katzman & Shipman, P.C., as counsel for Defendant Corbin Dixon in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jo~s:~qH Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: "Sf) ,IOJ 63404.1 } . II Attorneys for Defendant Corbin Dixon ";,'--'~-"-;-" -,",,~ _'~'M~_,' -",:--_~",,,_,~,-,,__"'",-c_-_.,~,_,,,,L,,,_ ~"__~_'=~~H~_"~,,~" 0__ ,. . '" . 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 d /.sf:. day of At ~ 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: f1~, ~ AJ~ John R. Ninosky, Esquire Attorney I. D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Corbin Dixon ':.1 _-,-,,~ "" _'.u .'0 0'''" i-<f""'''''''''''''_~,'-r_~, .,_"". ,_,_ ,'~_ ,.,"_ ,_"~_"){_I'l\'L-,,,,,_..,,_ ~_ .''''~'''_'''''__''~" '. ,. ::;'1 ...,. ,>" >".,.,~ 4~ ~_ .,. <,~,'"' ;-".~-", " , -0 iTi -7 / ' ti'j '~, r"':" '<: ['.-,- '~ ~,-'~ >. ...',-- - . "",,'"" ''''II>1I[r1 c -' ,"~) ,"",) ._J c_,'._ ,..1:'>>\'> '''''''''''~''''''f7_,I'tW-~-~~,1ii!lNJll~,_"... 'r'~;~,,,,lllI1;:,,;,,,~ v-r,- . ,'C:;C 0~ ~,~IJ,'",~, . J1,~~~ -,,,,- -- - . SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-02310 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SMITH TERRY L ET AL VS. DIXON CORBIN R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,DIXON CORBIN by United States Certified Mail postage prepaid, on the 20th day of April ,2001 at 0008:00 HOURS, at RTE 3 BOX 158 P STAUNTON, VA 24401 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by CORBIN DIXON 00/00/0000 5/1/01 on Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 18.00 5.68 .00 10.00 .00 33.68 So answ~ R. Thomas Kline Sheriff of Cumberland County Paid by ROBERT F. CLARVAL on 05/03/2001 . Sworn and subscribed to before me this .:<3"'-d day of ~ .:4.01 A.D. ~ 0. ~~PO.., ~ Pr t onotary ; -":"~Jl " ~. I I r- I ,~ . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. .~ Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: "Corni.n Di xon Rte , Box 1~8-P Staunton, "/\ 744(\1 3. SalVi ype Certified Mail 0 Express Mail o Registered 0 Return Receipt for 'Merchandise o Insur:ed Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. ~tticleNym,?er:(90PXfrom:$ervfCf3~/~~I);, _ I :); ~f\n 70CJCJ1i4(1)'O IBSOO,O <~8N ,O'{..;. ~;dO"eJv,i<....... PS Form 3811, July 1999 Domestic Return Receipt 10259S-00-M-0952 , ~-~-- - .~ ~ ~"!'I-- . .~ - John R. NinoskYI Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN1 P.C. 320 Market Street P.O. Box 1268 Harrisburgl PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2001-2310 Civil Term CORBIN DIXON, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Robert F. Claraval, Esquire P. O. Box 11965 Harrisburg, PA 17108-1965 You are hereby notified to plead to Defendant Dixon's Answer With New Matter To Plaintiffs' Complaint within twenty (20) days from service hereof. GOLDBERG, KATZMAN & SHIPMAN, P. C. BY~Oh~i~~~re Atty. I.D. #78000 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Dixon Date: &(1'1(6/ ^'~r,~,y, " ~ ,'" ",> . ;C'x'",=,~,,,,,. ",. "'_',,." _,~,' _"". "~'''''" ~'__""_'_ . ~'~'~',~_ , ~,.,," ,,~ -~., , " John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN" SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-126B Telephone: (717) 234-4161 Attorney for Defendant TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2001-2310 Civil Term CORBIN DIXON, Defendants JURY TRIAL DEMANDED , ,.'," '?-,,-.~ ,." ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Corbin Dixon, 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 presently without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded and the same are therefore denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. :-ii',",,_. c' " ~ _ _"", ,,<,,,. . .,~, "'"""" ~"''''._, ,'". "","'0" -"'7 ,-T.:'. '. 'r~'~,;oL'",__, _ "~_" _,'", ~_~ ,~,'" ,,""",'.."0" _ _ ,.". ___~, _ _ ','_ .e' ,,_ ,,~. ""..4,___ , - ,.-'.'" ~, ~ '"'-';''' ~. .,.., 6. Admitted. 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). COUNT 1 TERRY SMITH V. CORBIN DIXON 9. Denied. The allegations contained in Paragraph 9, including subparagraphs (a) through (e), are denied pursuant to Pa. R.C.P. 1029(e). 10. Denied pursuant to Pa. R.C.P. 1029(e). 11. Denied. The allegations contained in Paragraph 11, including subparagraphs (a) through (k) , are denied pursuant to pa. R.C.P. 1029 (a) . 12. Denied pursuant to Pa. R.C.P. 1029 (e) . 13. Denied pursuant to Pa. R.C.P. 1029 (e) . 14. . Denied pursuant to Pa. R.C.P. 1029 (e) . 15. Denied pursuant to Pa. R.C.P. 1029 (e) . 16. Denied pursuant to Pa. R.C.P. 1029 (e) . WHEREFORE, Defendant demands judgment against Plaintiff and ~espectfully requests that Plaintiffs' Complaint be dismissed with prejudice. 2 >~'" n " ~"_' ="".o~~"_,_,_~.~",,,,___~,~,~__ ._~ ="/'._ '. _~__I"I;_ ~_____ "" _ " _ ~'.," . ", __ 0 COUNT 11 EVE SMITH V. CORBIN DIXON 17. Paragraphs 1 through 16 are incorporated herein by reference thereto. 18. Denied After reasonable investigation, the Defendant is presently without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded and the same are therefore denied. 19. Denied After reasonable investigation, the Defendant is presently without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded and the same are therefore denied. 20. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment against Plaintiff and respectfully requests that Plaintiffs' Complaint be dismissed with prejudice. 3 "(~, , - ";'">-,-'C""'_",_". '~'~_,", __~,_ - _","o^e_, '_''';' ,\',,_dl;:)'r,~__" ~_,~"_~=-f^ v ~- ",-, ,,~ ~~~,,- ~, NEW MATTER 21. plaintiffs' Complaint fails to state a claim upon which relief may be granted. 22. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~170l, et. seq. 23. Plaintiffs' claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. ~1705, et. seq. 24. The accident and any injuries sustained by Plaintiffs may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 25. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages allegedly sustained by the Plaintiffs. 26. The accident may have been caused by a sudden emergency. 27. That if the Plaintiffs suffered the injuries alleged in their Complaint, those injuries were caused, in whole or part, by the negligence of the Plaintiffs and to recover in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 4 - '-~--' - -.'i _~'"",,,~_~,,__~ " -',"0.,,,.1"-"'__';"''''''''0__ .. ~, -- ", ,. . r-- WHEREFORE, Defendant demands judgment against Plaintiff and respectfully requests that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~~ ~;J~ Joh R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant ~l;;l~; re IN /bJ I' i I , Ii I.:] II Ii II II n ii i'1 i.! ,I L! 5 " " !i :.j II !i ,I H [.:" '"' -. .~~,-:-: ;_,~",_ _",~: ':f'~ .'~~<."~ " _.'" ~","~I1'.")I~__ "-"S'_~,-'_,'. ., .e. __"",f_" "'-,-]'-",'- - - ., , '-'~.- -" - -- - ~. ~-" -, '- .. - " -" ~- ".~ II 'nTh' " '-''./' VERIFICATION I have read the foregoing Answer with New Matter and hereby affirms that it is true and correct to the best o'f my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. S;4904. I L' ~ / (j-t. J i 'd--W! CORBIN DIXON t ' /2..-cr~ I DATE: :1 , ::1 I,!;"~ "--~~'-_"i!'-__,_::-_"""_",_,,__,_,,,,_.~,_.,, ^ -'," '-,_~._' ~I~I"'~"""'",,,,,,,_"~,,_, - ~" ~,"" ." "Y", "_"""'. ,-,_"_, ~_,~~" ,., _"~. ~~- ~~"-~ ,. ,.,~. , ." -' ~'" ., . 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 /'1'(j day of ~O , 2001, addressed to the following: Robert F. Claraval, Esquire P.o. Box 11965 Harrisburg, PA 17108-1965 GOLDBERG, KATZMAN & SHIPMAN, P.C. By JOh~N!~~ire Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant 64121.1 V,-", ~_ ';_,0",1"'1,' \",,'. c- ",' " ;,~".',~~,:", .'~ .,", ~":~I'~'I'- -- "_~,, ,. ~ '",.-;r~ " -""-';"_ "?"''',~ .-e,,"), " .~ ,., ~, I,,,,, ..". . -, .. "0 ,..., ",-,"',,~, 0' ,.~ "".,' r~'""" 11 ,eo _'jW 0 t:J C) C n ;:-.- u 1,-:_ ,.-- [I) . 1;::::. -- li"l L' '. ,--.... (.'2 u C) ~'~ - r::; , _.,- ,', ):;- C-j --,- -':p ., . .' /.:~ , , r;? c::') 'i-n ):'0. ~; .,,-, "'-:.. :::-, ~0 ::! ~ .. .. "." . ,'.',-,'" ,.,,," *."" "",,,,,.,,,,,.o~,,-.,,,,, .",,~,.~"":"<L 'r.,_ v ~" - '''f~~~I:F!!l, J~JJltlXl " ,;--."'!;?:~ l"_~, ;." ;"F','~" :""",-,~,-" ,_,__ j-'11'" ~ ,,..1k.__.,,.,,"~JjL~I__,~ '"'" TERRY 1. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERlAND COUNTY, PENNSYL VANIA Plaintiffs : NO. 2001-2310 v. : CIVIL ACTION - LAW CORBIN DIXON, Defendant : WRY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served Plaintiff's Interrogatories - First Set and Request for Production of Documents - First Set Addressed to Defendant Corbin Dixon by first class mail, postage prepaid, addressed to the following person: John R. Ninosky, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARA V AL, ESQ. Date: le /Iq /01 By UQJl~ W~XhoJv\O DENISE I. WILLIAMS, Secretary , :'1 "j';: .,~, "'U'___'_""~"'"""'~>'''''~'''''__' _',^.,^,~_ '._,~~I""", ,_, ,~ ,v' . ",,1"- ,-'.., , ~ --JJ;.wg~_." ", .~" , "" '" .,~"-'~ ,"~~-"~'"" M,..,' '-< p.~", ~~""l <<; '""H''-''''''''-lm~rt''iBlim,,~.--~.-':tn-l'Kf"'''..''''-'Y'ir,..~-.'"t""';>;'" n ~ "" -of::;'~; III (;~: Z:~;:; (n".:-. ~( ::--;:""- ~~~ :z; -< "..) :J1 ~ 111,...._"",.. 1:Q>~~~~~<l!~~~"=,.~ "~,__~'1ff',",,,m ~.~-~~,~~~-~'-' TERRY 1. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffs : NO. 2001-2310 v. CIVIL ACTION - LAW CORBIN DIXON, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 21. Denied. Paragraph 21 is a conclusion oflaw to which no response is required. 22. Denied. Paragraph 22 is a conclusion oflaw to which no response is required. 23. Denied that the Plaintiff has a linIited tort policy. 24. Denied that the Plaintiff was in any way negligent or that his injuries were caused in whole or in part by the negligence of any third parties. 25. Denied. Paragraph 25 is a conclusion oflaw to which no response is required. 26. Denied. It is denied that there was any sudden emergency which caused the Defendant Corbin Dixon to act in the negligent manner in which he did. '~WI}TI. -b-_,.__."L-~',,,, ,_'< ,"" _ "" . -. c_,__'""__,,,_-,"",. ,._0 >~, - Date: i!li'",":"-,-- " ~._~ ~-~-~ 27. Denied. Paragraph 27 is a conclusion oflaw to which no response is required. Respectfully submitted, Co/zs )0/ , By ~~" ,~"- ROBERT' .CLARAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court LD. #19222 Attorney for Plaintiffs VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904, relating to unsworn falsification to authorities. &,>/;;;;;;1/0/ r'.:v.c."l" - - ' ,- ~ ..-,":._., "V"-",>,,~,__,",,_! _~."___ _ ___'_~"'~~_~', " ,_"'~I,,,_I"_'_,,__"d<.,,,"'" ,~_, _~___ ~_ ~ , TERRY L. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2001-2310 v. : CIVIL ACTION - LAW CORBIN DIXON, Defendant : JURY TRIAl. DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Plaintiffs Reply to Defendant's New Matter by first class mail, postage prepaid, addressed to the following person: John R. Ninosky, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARA VAL, ESQ. Date: eo!;;5/()} By DQJlcM ~. W~~Mo DENISE I. WILLIAMS, Secretary "'(I ,.y"~,,"'-,- -- - ~,-y-"_",,o__._c,,_-,,~-,j ',0 _,~, ,_-"~~",_:_ " ',-"-',_I'''I.-'C'':':,~~,-, _,. ~_ ~,__._, ,_e,_ ,_, - - ..- " Ii II II f!. Ii, ,.. ~ . _ '. _~, ,~_, ,.. ~" )/fJ ~-. _."-' ,-,..~ - , - -~ .. < ~ - ., '. , ,- ,',."",-, ",-, -",<>" ~-'" "~~- "d-C' ~,,~'if"_"" "",~ ,~,.."- " -~," - "--<-~-Ph_f~<'_"""_"'''''~ -,,,, h~_ >ec m t- o c ri? ~?;~ ;~2 ' G,j~:_:-' -< ...:'- ~C_ <: - ~:::::> ~.~~: .....-..:: ;:::;,) .:~) II L- I I ~_) , :,'1 O~ $!i~~\ff<W'~J!l~"f'!tIk'II'11;fi~W'-'~""'",f.lT'lt"'~'1W>1!/i..'M1~lI!Wfi!II~-'! J,,1,~,~io,-r,",1,d),i,!f"';':1fiJ!U! \ TERRY L. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2001-2310 v. : CIVIL ACTION - LAW CORBIN DIXON, Defendant : JURY TRIAl. DEMANDED CERTIFICATE OF SERVICE I hereby certifY that I have this day served Plaintiff s Response to Defendant's Interrogatories and Request for Production of Documents by first class mail, postage prepaid, addressed to the following persons: John R. Ninosky, Esq. Goldberg, Katzman & Shipman P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARA VAl., ESQ. Date: B/d-O/OI BY~ Wl1lh~ DENISE I. WILLIAMS, Secretary -~-- -~"" '~,~~_""'~_'_-i",'1""~~"""_-~' '~'''"'__"___ ~,,_~I"'" ,,___" ~___" _, _._ ,~"",,".',.- ,~-~,.~ . -,~ ., ",~ <"., , > , '-,', """,,,,-,", ~ ''it.''''' "~'~", ,~~. "-'.'~~- ~"'"':n~:''" [""" ~-;"~--. ttf:klJ]ltrff~"""']"Ul "_' '"""'"'-' '-.'}i1ff""4":~'Tf 0 C) c) C <' , 1 vf{ ~ ~ n-1n-- 6:.::; ?iif~':' f".,' SJ~t \4~' r-' t i J~ C) .. ~ :z -- i :;I :11 ~CJ ~ en --.;: ( ~ " ,~ ~ "" ~.~~"":fnll~II1!lll,1fll~rn;;i"!",!\'\!!!.l'~X I .: / llI1 ~'li!I,'1"'" ~,"""C~ ..,., _ ,~.~]f'!!!l:lil'fJ;l_~,~~ ,; .. CERTIFICATE PREREQlJI.SITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. H. SKY, ES UlRE Attorney for DEFENDANT DATE: 10/16/2001 DEll-285656 72490-LOl Plm'~",~ ," . ',..,..,.n- . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON NOTICE OF IN'I'EN'I' TO SERVE A SUBPOENA TO PROPUCE DOCUMEN'I'S AND THINGS FOR PISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOHN R. NIHOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/25/2001 MCS on behalf of JOHN R. NIHOSKY, ESQUIRE Attorney for DEFENDANT CC: JOHN R. NINOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490 -COl -'jl!'A!"'IJ~,,,, '~, ,~__, _ " ",~~-~ ? I r . RECORDS REQ1lESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL ''''''''''''''''''I''"'~<"'''' ~,. ,"",,'~ ,~ >>> LOCATION LIST <<< -I [ . --:0' PAGE: 1 LOCATION NAME PROGRESSIVE INS. COMPANY DR. ALEXANDER KALENAK DR. RICHARD SMITH RICHARD L. SLEBER, M.A. DR . DAVID WEIlJ!IER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAM J. POLACHECK, JR.,M.D. DR. W. SCOTT SETZER SEIDLE MEMORIAL HOSPITAL - FAMILY INTERNAL MEDICINE FREDERICK MEMORIAL HOSPITAL DE02-165693 7:2 4 9 0 - C O:L . COMMONWEAL Tli OF PENNSYLVANIA COUNTY OF CUMBERl.-\..'iD SMITH VS FileNo. 2001-2310 DIXON SUBPOENA TO PRODUCE DO<:tJMEI.!S OR THI~GS FOR DISCOVERY PURSUA."! TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR: PROGRESSIVE INSURANCE CO. (S~me of Person or &ary) ....i:hin lW.~'12O) d.ys after service of this subpoen.. you ue ordered blf the caU" to produce the following docum.nts or things: ~F.F. A'T''T'ACHF.n aI MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 (Ad"'...) You may d.in'" or mail I.gible copies of the documents or produce thinp req.....led by this subpoena. tog.ther with th. c<rtiEi..tt of compliance. to the party making this requesl .1 the address liJted abov.. You han tho right to s..k. in .d"anc.. the ,....on.bl. cosl of preparing the copies or producing the thinp _ghl. If you fail to ;::oduc. the documenls or things required by this subpoena. within tw.nty (20) cars after its ser...ic<. tho party son'ing tllis subpo.na may seek a coun order comp.lIing you to comply with ;0_ THIS St."BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JOHN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG. PA 17108 TELEPHONE: 215-246-0900 Sl.:PREME COURT 10 ,: A TIOR."E't' FO~1"1"1"l.:mANT SAME: ADDRESS: /o-/cj,-o/ DATE: .~~ ...:)1, -:l("v,., Seal of the Court (:.ff i /97) {''''''''''''''""-~' ^ "~""" 13" " ~"' . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PROGRESSIVE INS. COMPANY 5165 CAMUPS DRIVE PLYMOUTH MEETING, PA 19462 RE: 72490 TERRY SMITH POLICY # 65487607-3 Any and all claims files. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAlSH RD., MECHANlCSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 Date of Loss: 06/18/1999 SUIO-330010 724 9 0 -LO 1 '''P."''J'lJ'I'-''.~ 0,"<,,,,,,,,,,, ._0 I"'r " ,. ,-~, ," I; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285657 72490-L02 "O.'"""'_""""',~_" I'~' -, , ~,.",.. . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMI TH TERM, -vs- CASE NO: 2001-2310 DIXON NOTICE OF IN'l'EN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE KeS on behalf of JOHN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KeS office. DATE: 09/25/2001 KeS on behalf of JOHN R. NlllOSKY, ESQUIRE Attorney for DEFEIlDANT CC: JOHN R. NINOSKY, ESQUlIlE - 22740-1108 Any questions regarding this matter, contact THE KeS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl -^l'>"'~_"~""~" _ ^,"'C_''^'~" ?~ ~,~.. 1,1 ." "' ,~ RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL --'T"""""!1""'"""'~ I-r """"-~'-""~"~ I-I' >>> LOCATION LIST <<< -,- PAGE: 1 LOCATION IlAHE PROGRESSIVE INS. COMPANY DR. ALEXANDER KALENAK DR. RICHARD SHITH RICHARD L. SLEBER, M.A. DR. DAVID WEllNER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAK J. POLACHECK, JR. ,M.D. DR. W. SCOTT SETZER SEIDL! MEMORIAL HOSPITAL - FAMILY INTERNAL MEDICINE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490 - C O:J.. COMMONWEALTH OF peNNSYLVANIA . COUNTY OF CUMBERLA..'iD SMITH VS FileNo. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCtJME\.,.S OR THI~GS FOR DISCOVERY PURSUA."" TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. ALEXANDER KALENAK (!,,,,,,. o( P~ft or Snarr) Within lW."'! {:!O) d.ys Ut.r service of this subpoe.... you.,. ordered by the COlIrt to produc.th. following docum.nts or thi"gs: SF'F ~TTAr.HF.n .t MCS GROUP INC.. 1601 MARKET ST, "tWO, PHILA. ,PA 19103 "d_"1 You m.y d.in'or or mAil I.gibl. copies of th. documfft" or produc.t!Unp ~llIfSt.d by this subpoena. log.ther with the <trtifiut. 0; <omplianc.. to the party aWdng this requtS' It the Iddress listed .bov.. You 1uI\'f the right 10 s.ek. in Id,'ance, Ih. ~..on.bl. cost of pr.paring th. copi.. or p.oducing the things _ghL [{ you fail to ?,oduc. the docum.ntt or things requi." b" 'his sub~ witl-.Jft tw.nty (20) c.ys aile. its s.,,'ice. ,h. pury Sf,,'ing tNs lu;,po.nl m.y seek. court order compelltng you '0 comply with it. THIS St'BPOENA WAS ISSUED AT THE REQt.'6r OF mE FOLLOWING PERSON: JOHN R. NINOSKY. ESQ. 320 MARKET ST.. PO BX HARRISBURG. PA 17108 T'EtEPHON:: 215-246-0900 S1.;PREME COURT ID I: A rrOR.'\EY FORDF.F.F.NnANT N.-\.>"{E: ADDRESS: 12~d /f}-/&' -Of ~,c:' p+- ~ I, .:J t"YI , B~~URT;Z? $. 1'NtIlaaalaty/Qorll, ion "'- d~1 P ~:~r DAn: Seal of th. Court (:.ff. i /97) -~,.,-'>""''"''''''''''''~~ ,- ~~ I I-~ ,., EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR.ALEXANDERKALENAK 875 POPLAR CHURCH RD CAMP HILL, PA 17011 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten noles, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUIO-330012 72490-L02 :'"")\"~'l""'''''''''W_''''' . ::',- - "II ,> '."" ,", CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285658 72490-L03 "".",,,,,o:-.~_" '",",~"'''''''~ 1-1 ~ , - ~ - - ,.. , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON NOTICE OF nrrENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE KCS on behalf of JOHN R. IIIHOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 09/25/2001 KCS on behalf of JOHN R. IIIHOSKY, ESQUIRE Attorney for DEFEHDAllT CC: JOHN R. NIIlOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl I"",~~,=,- ~ '- , 1 r"" -~ RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL ,,"~-';'~1'4'=" ~"~ ~-~-- ,--~ '~r .[ >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME PROGRESSIVE INS. COMPANY DR. ALEXANDER KALEHAK DR. RICHARD SMITH RICHARD L. SLEBER, K.A. DR. DAVID WEHllER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAK J. POLACHECK, JR. ,K.D. DR. W. SCOTT SETZER SEIDLE MEMORIAL HOSPITAL - FAKlLY INTERHAL MEDICIllE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490-COl COMMONWEALTH OF PENNSYlVANIA . COUNTY OF CUMBERL-\.'iQ SMITH VS File :>10. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCUME-.'TS OR THl:-.lGS FOR DISCOVERY PURSUA."'-'T TO RULE 4009..22 TO: CUSTODIAN OF RECORDS FOR: DR. RICHARD SMITH . 1'&"'. of Prnon or !::u:ity) Within rw.~' 1:0) days Jitor se",ic. of this s"bpoenJ. you... ordored b!' the court to produce the following docum.nts or things: ~FF .\ TT ArHFn MCS GROUP INC., 1601 MARKET ST, "MJO, PHILA.,PA 19103 .t "4_.. Yo" may d.in.... or mJiII.gible copies of the dClCll"'''''' Of prod"ce thinp req"estecl by this .ubpoenJ. tog.th.r with the etrtifiute.,; <ompliJllc" to the party aWdng this ".",,"t JI the adclnlss listed above. You hanthe right to .tek. in .dunc., tho ,...onabl. co.t of preparing the copi.. Of producing the thinp _gilL [f yo" fail to ,-od"ct the document. or things """irtcl b" .his subpoena. witJoJn twenty (:01 da~'s aitor its ..".;et. tho patty ""'ing this s"~poena may seek a court order compella"l you to comply with it. THIS St."BPOENA WAS ISSUED AT TIlE REQl.'EST OF THE FOLLOWING PERSON: JOHN R. NINOSKY. ESQ. :>lAME: ADDRESS: 320 MARKET ST., PO BX HARRISBURG. FA 17108 TELEPHOSE: 215-246-0900 S1.;PRE.'fE COl.l'RT 10 I: 12~~ ... TTOR."E'z' FORDF.F.F.NnANT /0- fiR -0 I . (1/l-r ,..J I ~60 I , ~nc~:? ~A .) _ ~ a.-.. '" P ";QA-N, I'!' DATE: Seal of the Court (:.ff. i (97) :;."''''ffi'''"",,,.,,!'.',,:,,,,r,__,A 1 I 0 ~~ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. RICHARD SMITH 2300 DOGWOOD RD DOVER, PA 17315 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultalion, care or lreatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 5U10-330014 72490-L03 '~'1;,.J'("""~~n~ . , ' . ~~. " '~I-I" "~' ~~ "." " ~., - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285659 72490-L04 I.,,>.~""-> 0,'. II ,"" ".". " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON NOTICE OF IN'rEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE KeS on behalf of JOHN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KCS office. DATE: 09/25/2001 KeS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT CC: JOHN R. NINOSItY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE KeS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl -""'1."'~ ~~ - .~" <--< ,.- RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL "i;';0lm'1"l="'~'^ ~_ I "r""'" ~', " >>> LOCATION LIST <<< PAGE. 1 LOCATION NAME PROGRESSIVE INS. COMPANY DR. ALEXANDER KALEKAK DR. RICHARD SMITH RICHARD L. SLEBER, H.A. DR. DAVID WENllER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAK .I. POLACHECK, .JR. ,H.D. DR. W. SCOTT SETZER SEIDLE KEKOR1AL HOSPITAL - FAKILY INTERNAL MEDICINE FREDERICK KEKOR1AL HOSPITAL DE02-165693 72490-COl COMMONWEALTH OF PENNSYl. VANIA COUNTY OF CUMBERL.~'iD SMI TR VS File No. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCUMEo.,.S OR THI:-.IGS FOR DISCOVERY PURSUA."" TO RULE 4009..22 TO: CUSTODIAN OF RECORDS FOR: MR RICHARD SLEBER (!\'.m. of P~"on or Stlt:iI1'J ""itt\in rw.~. (~l dlY' Ift.r ..""ie. of tlUs .ubpOtn.. you It. ordved by the court 10 produce tho 10\lo....inS docu",enl' or things: SFF ATTAr.HRD It MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 I Add....' You mol' d.ih'" or mlil I.gibl. copies of the docum.nl1 or produc. thinp reqlltll.d by tlU. ...bpOtn.. togetnlr ",itn tn. clrtifiute oi 'ompUlnce. to the pury mwng this r.qu.st It the Iddress listed abov.. You h.a,.. tt\. right '0 ..Ik. In Idunce. th. ,"uonobl. cost of pr.paring the copi.. or producing the thinp _ghL Ii you ilil to ","oduc. the docum.nts or llUngs required bv tlUs subpoeN. within tw.nty (:0) c!o~.. aitlr its S"""'". ,n. PIITY ..,.,.ingtills subpoena may seek a coun ordff comp.Uing you to comply with je_ THIS SL"BPOENA WAS ISSUED AT THE REQUESTOFTHEfOLLOWlNG PERSON: JOHN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG. PA 17108 TElEPHOS:: 215-246-0900 Sl,;PREME COURT ID t: ATIOa.,-;EY fOlUl"Fll"F1ffiAN'l' NAME: ADDRESS: IO-/~ -0/ ~ (]:rJ- I ,;) f :J.1"r1/ , OAT!: Seal of the Court ~ff 7/97') !1';~11"""""'-""-'m~'" ~.~= II EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RICHARD L. SLEBER, M.A. CLINICAL PSYCHOLOGY 2645 N. THIRD STREET HARRISBURG, PA RE: 72490 TERRY SMITII ANY AND ALL RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BArSH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUIO-330016 72490 -LO 4 ,"rq';~,~, "..., " " ~1~>L ~~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285660 72490-L05 "(~,,,,'~'1W"'!1''''__ .)' 'I' I ~ --, -~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -vs- CASE NO: 2001-2310 DIXON NOTICE OF IN'l'EN'l' TO SERVE A SUBPOE~ TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Hote: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of .JOHN R. HIHOSKY. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local KCS office. DATE: 09/25/2001 MCS on behalf of .JOHN R. HINOSKY, ESQUIRE Attorney for DEFENDANT CC: .JOHN R. HIlfOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE MCS GROUP IHC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl ''''''~''' " ',,- 1,1 RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL .;'''~"''''''"'f'"__ "'-1'-1-. >>> LOCATION LIST <<< PAGE: 1 LOCATION IlAHE PROGRESSIVE INS. COMPANY DR. ALEXAIlDER KALEIIAK DR. RICHARD SMITH RICHARD L. SLEBER, M.A. DR. DAVID WENlIER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAK J. POLACBECK, JR. ,M.D. DR. W. SCOTT SETZER SEIDLE MEMORIAL HOSPITAL - FAMILY DITERHAL MEDICIllE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490-COl , COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERL.",-'ZD SMITH VS File No. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCUMe.-rS OR THI~GS FOR DISCOVERY PURSUA."" TO RULE-4009.21 TO: CUSTODIAN OF RECORDS FOR: DR. DAVID WENNER (SolIne of Pinon or :zn:il!'t Within rwe",! 120) d.ys otter service of tltis subpoeftll. you are ordered 1:7l' the court to produce the fallowing documents or thin!s: ~FF. ATTAr.HRD MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 I Adclnl5' ,t You m.y dein.... or mAil legible copies ot the documenl1 or produce thinp req"est.d by tltis subpoena. together with the etMifinte 0: camplianct,to the pany.malcins this request at the adclnsllisttd .bov.. Vou ha,'e the right to ..ek. in .d,'ance. lh. ,..uonable coot ot prepuins the copi.. or producins th. thinp _Iht. If you fail 10 ~aduce the do<uments or tltinprequired by tltis subpoena. witrJn twenty l2D) d.~.o after its ......iet. 'h. parry ......ing INS .u~po.na may seek a court order compelling you to comply with i:. THIS St."BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWlNG PERSON: JOHN R. NINO SKY , ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG. PA 17108 TELEPHONE: 215-246-0900 Sl;PREME COUIlT ID t: A TIOll.'\EY fORDV1'1lNllAN'r NAME: ADDRESS: /D-/{f;-()/ DATe ~G.p-- CJJ I ..J~I Seal of the Court :~:f i/q7j 'il"~"""'W'W'''''"""'''~ l' ~ "~;. '"^., l' 1-' ,~ , "'" EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID WENNER SHEPARDSTOWN FAMILY PRAC. 2140 FISHER RD. MECHANICSBURG, PA 17055 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security#: 175-40-1738 Date of Birth: 08-10-1958 SUlO-330018 72490-L05 'jf')!N~",,-~, -~, ,. , ^'.' ~" - '""'. I I ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 OIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. MCS on behalf of JOHN R. NINO SKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285661 72490-L06 ~~ ". - 1'1"--. . ~~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOHN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/25/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for-DEPENDANT CC: JOHN R. NINOSKY, ESqUIRE - 22740-1108 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET '800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl !!r;/ill"l__'^"" -~, " '1'[ , ~I ~-~" RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL "jl'r~___1 _"","_~_ I-I' ,-, >>> LOCATION LIST <<< ~ 1 PAGE: 1 LOCATION NAME PROGRESSIVE INS. COMPANY DR. ALEXANDER KALENAK DR. RICHARD SMITH RICHARD L. SLEBER, M.A. DR. DAVID WENNER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAM J. POLACBECK, JR. ,M.D. DR. W. SCOTT SETZEll. SEIDLE MEMORIAL HOSPITAL - FAMILY IllTERHAL MEDICINE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490-COl COMMONWEALT,H OF PENNSYlVANIA . COUNTY OF CUMBERlA..'iD SMITH VS FileNo. 2001-2310 DIXON SUBPOENA TO PRODUCE DOClJMEl.1S OR THI:-IGS FOR DISCOVERY PURSUAl\1TO RULE 4009 ,., TO: CUSTODIAN OF RECORDS FOR: KDV ORTHOPEDICS (SUI. o( Penon or 5:aaf!" Within ......."'Y 1:0) days afttf servic. of this subpoel\ll. you on o.dered l>l' the C"CNn to p.od....th. following docllm.nt. 0. things: ~F.F. ATTACHF.D Jl MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 (Ad_s' Yo.. may oeih-er or maillegil:lle .opies of th. d...........1I or prod..c.tl\inp request.d by thi. ...bpoen.. together with the certifiule a; ~olllpli.".., 10 th. party making this req....t alth. address listed ..!:love. Yo.. Nve the right to 5..k. in .onn... th. ,"uonabl. cost of preparing the copies 0. producing the ttUnp -shL If yo.. flil '0 '"'od....lh. document. or thinp ..q..ired by thissub~ W;u-Jn twenty (:!O) c!.~.. aft.r it. ",,'ice. .h. potty ......ing liti. ."bpo.n. m.y seek a CClUl'l order compelling yo.. to comply w;th it.. THIS SL'BPOENA WAS ISSUED AT THE REQUEST OFTIiE FOLLOWING PERSON: JOHN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG. PA 17108 TELEPHON!": 215-246-0900 Sl;PREME COURT ID If: A TTOR.'\'EY FO~Fl1V.NT1ANT NAME: ADDRESS: /o-/~ -01 DATe: . Qpi-- ,,:)1, ,.J(")C.J( B Seal of the Court (Sf(. i (9i) 'i~~, ,.."~ _"~' "-I +'!r, '"'''1'- ""'"'1' , EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KDV ORTHOPEDICS 908 S. GEORGE STREET YORK, PA 17403 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUIO-330020 7 Z 4 9 0 -L 0 6 ~m"";~~'r. ->=-, _.".'1"1 , '" ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285662 72490 -La 7 ,1\~_ID~"'"" ~_,,"_~~, .~ II - ='T, ,. ~ 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -vs- CASE NO: 2001-2310 DIXON NOTICE OF INTEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Rote: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE KeS on behalf of JOHN R. RINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KCS office. DATE: 09/25/2001 KeS on behalf of JOHN R. RlllOSKY, ESQUIRE Attorney for DEFENDANT CC: JOHN R. RINOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE KeS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490 -COl .'~~"~,., ~~ ","",' I 'f' . ~ RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL ~',-iIi~"".'" ~ 7'".""'" c _. ~~. _~~~ "F'r >>> LOCATION LIST <<< , PAGE: 1 LOCATION NAME PROGRESSIVE INS. COMPANY DR. ALEXAHDER KALEIIAK DR. RICHARD SMITH RICHARD L. SLEBER, K.A. DR. DAVID WEllNER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAK J. POLACHECK, JR. ,K.D. DR. W. SCOTT SETZER SEIDLE KEKORIAL HOSPITAL - FAKlLY IHTERHAL MEDICDIE FREDERICK KEKORIAL HOSPITAL DE02-165693 72490-COl COMMONWEALTH OF PENNSYlVANIA COUNTY OF CUMBERLA..'ZD SMITH VS FileNo. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCtJMEl.l'S OR THI~GS FOR DISCOVERY PURSUA.II,;l' TO RULE 4009.12 TO: CUSTODIAN OF RECORDS FOR: THE HETRICK CENTER (S..m. of P_non ar ::.aty) Within rwe~' 1::0) d.ys Uter s.rvice of this subpoe.... you .... ordered by the court to produce the following docum.nts or things: ~F.F. AT'1'Ar.HF.n MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 (Add,..., at Vou m.y deih'" or moil legible copies of the docum.nts or produce thinp re\t"lISttd by this subpoeno. together with the certificate 0: compUonce. to the potty auklng this requ.st at the .ddress listed above. Vou Nl,'e the right to ...k. in adnnce. tho :.uo...ble cost of preparing the copies or producing the things _gilt. If you foil to f"oduce the documents or things requirtd by this subpoen.a. w;tr.iJlrwenty (:!O) c.ys Uter its se,,'ice, the patty .e"'ing tNJ .".poen. m.y seek. court order compelling you to comply with it. THIS St,llPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JOHN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TELEPHON!: 215-246-0900 S1.:PREME COURT [D I: .... ITOR."EY FORIlF.llF.NTlANT S....Me: ADDRESS: /o-/cP -0/ ~Qp- ,:)', BY DATE: .:2rY\/ . Seal of the Court (:.If. i /97) -{Oi~,,,,,,~,,",,~.~_, ",,'_ ~,... p' - " '-, ,_. EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THE HETRICK CENTER 500 NORTH UNION STREET MIDDLETOWN, PA 17057 RE: 72490 TERRY SMITII Any and all records, correspondence, files and memorandums, handwritten notes, billing and p,ayment records, relating to any examination, consultation, care or 1reatmenl. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAlSH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUIO-330022 72490-L07 f""'~"~" - "~, 1'1'- ~ - ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285663 72490 -LOa :;'JH:W~""""'" -- ~- 1'"-'1 '1 ~ -" ~, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -vs- CASE NO: 2001-2310 DIXON NOTICE OF IN'rEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE KeS on behalf of JOHN R. NIlfOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KCS office. DATE: 09/25/2001 KeS on behalf of JOHN R. NlNOSKY, ESQUIRE Attorney for DEFENDANT CC: JOHN R. NlNOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE KeS GROUP DlC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl ':!>;-h.~__, ~-- ,.- !,'. ~ , -I. "f , " RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL 1_~f'~rR"f'f~'I' -~~ ' ~, " >>> LOCATION LIST <<< . " PAGE: 1 LOCATION NAME PROGRESSIVE INS. COMPANY DR. ALEXANDER KALENAK DR. RICBAIID SMITH RICHARD L. SLEBER, M.A. DR. DAVID WEIIIIER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAM J. POLACHECK, JR. ,M.D. DR. W. SCOTT SETZER SEIDLE MEMORIAL HOSPITAL - FAMILY INTERNAL MEDICINE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490-C01 COMMONWEALTHOFPENNSYLV ANIA . COUNTY OF CUMBERLA..'m SMITH vs FileNo. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCUME-.'TS OR THI~GS FOR DISCOVERY PURSUA.I\'T TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR: DR. WILLIAM POLACHECK ('.&1ft" of P~n or Snary) Within lW.~' (:Ill d.ys Ut.r service of this subpoeM. you u, ord..... by u.. COlIrt to produ.ethe following documents or things: ~J;'F ,\TiACHF.D .t MCS GROUP INC., 1601 MARKET ST, "HOO, PHILA.,PA 19103 I.~._II You ",.y dein-or or maillflible copies of the dlKUlMfl~ or pt1lducethiJlp req..ested by this subpoena. togetheT with the certifiute of complion...to the puty mMing this r~unt .tlhe oddrsllistecl above. You Mn the right to .e.k. in .dnnce. the :tuonoble cost of prepmng the copin or produdng th_thinp _gilL If you foil to ?,"oduceth. documents or tlUngs r.quit'" by ,ltis subpoerY. wi~..in twenty (~) do~'s Ut.r its .e,,'ic.. the PUT)' .e,,'ins ,his '''~poeno moy seek 0 court otder compelling you to comply with it. THIS St"BPOENA WAS ISSUED AT THE REQl.'EST OFnrE fOLLOWING PERSON: JOHN R. NINOSKY, ESQ. 320 MARKET ST., PO BX HARRISBURG. PA 17108 TELEPHOSE: 215-246-0900 SUPREME COUIlT ID f: AlTOR.'\EY FORDF:111UffiAN'1' S....ME: ....DDRESS: 1~~1! /0-/(",01 ~Q./rl ;:)1, ..:J~_)O{ BYre}!J~~~' i) ~ PratIIonowylOorIt. vilion 4n,.,o P.~O~hr-- DATE: '-- Seal of the Court (:.if i /97) .,,"'~..,...,".o~ .- "-~,,,.,.. , , . -, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. POLACHECK, JR.,M.D. 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten noles, billing and payment records, relating to any examination, consulta1ion, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAlSH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUlO-330024 72490-Loa ~_"_"""M_"__,,"__ ~_I" r ., - .., CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON . As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINO SKY , ESQUIRE Attorney for DEFENDANT DEll-285664 72490-L09 :~'~~f ~ '. 1_[' '., COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -vs- CASE NO: 2001-2310 DIXON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOBlf R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/25/2001 MCS on behalf of JOBlf R. NINOSKY, ESQUIRE Attorney for DEFENDANT CC: JOBlf R. NINOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE MCS GROUP IIlC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl f-~_i'fl~~"-- ~" ','- ~ I , I ,r- , RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL '?Wf!;.~..,.,~" -. , ~ >>> LOCATION LIST <<< ,-,. " PAGE: 1 LOCATION NAME PROGRESSIVE INS. COMPAIIY DR. ALEXAIlDER KALEIIAK DR. RICHARD SHITH RICHARD L. SLEBER, H.A. DR. DAVID WEIllIER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAK J. POLACHECK, JR. ,H.D. DR. W. SCOTT SETZER SEIDLE MEMORIAL HOSPITAL - FAKILY INTERNAL MEDICINE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490-C01 COMMONWEAL.THOFPENNSYL VANIA . COUNTY OF CUMBERL.A..'iO SMITH VS File No. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCUMe..,.S OR THL'lGS FOR DISCOVERY PURSUA.""TO RUL.E4009.12 CUSTODIAN OF RECORDS FOR: DR. W. SCOTT SETZER TO: {S..m. of Peono" or Eftc:iryJ .....ithin rwe~. (~l day. ofter service of thi. .ubpoenA, you ue ordered by the cuvrt to produce the following document. or 'hing.: SFF ATTAr.HFD MCS GROUP INC., 1601 MARKET ST, 1/800, PHILA. ,PA 19103 " IAddnss' You may dein'" Of m&illegible copies of the docu",en" or produce thiftp req..ested by this subpoen",ogelher with lhe ,ertifiute of ,o"'pli...c.. to the party maklnlthi' reque.t at tl'le address listed .!love. You have the right '0 seel<. In advance.tlle :euonable cost of pr.parinlthe copies or producingll'l. thinp -silL l! you fail to ,,",oduce tl'le documents or thinp required by tlti, .ubpoe.... w;tr.i3t twenty (:!OJ ca," uter its .e"'''e. tho pony se,,'ing this .u~poena may ,nk a court ordercompeUing you to comply w;th it. THIS St"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLL.OWING PERSON: JOHN R. NINOSKY. ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG. PA 17108 TEtEPHOS!: 215-246-0900 Sl;PREME COURT 10 t: .... TTOR.-';EY FORDF.l'FNnANT S....ME: ADDRESS: /tJ~/dn:J1 ~rr+ ~ I .:lr161 , , ~re..~'312 ~ PrDtllan""':~_ .,.... ,---,.0,;-" P ?!!-./)/7Afo r-- DArt: S.al of the Court ~fl 7/9:"1 h'li'7>;m;/_"''''-'''! _~ '"" " " ,,-,~ ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. W. SCOTI SETZER BOWMANSDALE FAMILY PRAC. 1 KACEY COURT MECHANICSBURG, PA 17055 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwrilten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUIO-330026 72490-L09 '''rWIJlOllJ''_'l'.,.w....('T ='.'., _', _ ~~ ~ ~ CERTIFICATE PREREQlJI.SITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE, 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285665 72490-L10 'Yc<~""'-""''''''-~'" "' I_'f ,~~ - '" , , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Hote: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOBlf R. HIHOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/25/2001 MCS on behalf of JOBlf R. HlBOSKY, ESQUIRE Attorney for DEFEHDAlIT CC: JOBlf R. HIHOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact TBl!: MCS GROUP IHC. 1601 HARlET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l65693 72490 -COl r-'~""'l>1 '. ~ I~'[. > l RECORDS REQUESTED HlSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL ~~. ,'- """1.'''''- >>> LOCATION LIST <<< -'-> ,~ PAGE: 1 LOCATION IlAHE PROGRESSIVE HIS. COMPANY DR. ALEXANDER KALE1IAK DR. RICHARD SMIra RICHARD L. SLEBER, M.A. DR. DAVID WEHIlER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAM J. POLACBECK, JR. ,M.D. DR. W. SCOTT SETZER SEIDLE MEMORIAL HOSPITAL - FAMILY UITERHAL MEDICUIE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490-COl COMMONWEALTH OF PENNSYLVANIA . COUNTYOrCUMBERLo\..'iD SMITH VS File :-;0. 2001-2310 DIXON SUBPOENA TO PRODUCE DOctJMEl.'TS OR THL'iGS FOR DISCOVERY PURSUA.l\'T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: SIDLE HOSPITAL (S.m. of Pinon ot End.,,) Within \"wo~ (:Ol day. af1er ..",ice of lhi. ...bpoena. you lie ordered bl' the .....n 10 produce Ihe fallowing documonlS or thin~s: ~F.F. A""ACHF.n MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 'Ad_I. 01 Yo.. m.y deih'er or mAill.gible copies of the dOCllm.nts or produc.thinp reqaest.d by this subpoen",og.th.r with lh. etrtifintt 0; <ompli~ce.to the party lMking Ihis requesl II the .ddreu liJtlKl above. You n.ve Ih. right 10 ...k. in adnllC', tho "lSon.bl. cost of prtpating the copi" or producing Ihe lI\inp _ghl. II you fail to ..oduc. tho documents or thinp rtq..;rtd by this subpoen.a. witl-Jn rw.nty (20) c!a~'s aftor its ''''"iet. rh. parry Sft\'ing this s"~po.na may snk . court order comp.lling you 10 comply with it. THIS StllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JOHN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TELEPHOSE: 215-246-0900 SliPREI\{E COt.i'RT ID I: .>.TTOa.'liEY FORDKF"Rl\lT)AN'1' ~AME: ADDRESS: lo-;fs,-ol .Q~ ;:), ;:)r>'">, , 'IT:~~~~'M ~/J_ <l ,P ~~~./'--- DATE: Seal of the Court (~ff i /97) ~n ,__. .4 , , .- EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SElDLE MEMORIAL HOSPITAL - 120 S. FILBERT STREET MECHANICSBURG, PA 17055 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examinalion, consultation care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAlSH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUlO-330028 72490-L10 t.jo"?l'O_"'i!!"<",~' -.' -~-, " - ~ - -.11 - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON ~s a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of bntent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285666 72490-Lll !,,,~~11_~~'r . _, 0 -', " ,_~. , ~ '-I-"~ ~, . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -vs- CASE NO: 2001-2310 DIXON NOTICE OF IN'rEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOBII R. NDlOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/25/2001 KCS on behalf of JOBII R. NDlOSKY, ESQUIRE Attorney for DEFENDAllT CC: JOBII R. NDlOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE MCS GROUP nrc. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl -~"W'f1. RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL ;;fI'j'~ , -~, --~ - " I-I - _. >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME PROGRESSIVE INS. COMPANY DR. ALEXANDER KALENAK DR. RICHARD SMITH RICHARD L. SLEBER, M.A. DR. DAVID WENNER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAM J. POLACHECK, JR. ,M.D. DR. W. SCOTT SETZER SEIDLE MEMORIAL HOSPITAL - FAMILY INTERNAL MEDICINE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490-COl COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERlA..'.:o SMITH VS FileNo. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCtJMEl..,.S OR THI:-.lGS FOR DISCOVERY PURSUA.I'I,;'T TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR:FAMILY INTERNAL MEDICINE (S.ame o( Penan Of' Endry) Within tw."". 1::0) d.ys &it.r servic. of this subpotna, you ue ordered by the CO\IIt to produce the fallowing documents or things: ~F.F. A1'1'Ar.HF.D ot MCS GROUP INC., 1601 MARKET ST, ~800, PHILA.,PA 19103 (Ad_It You m.y dein'" or maill'gible copies of the documents or produce thinp req~ested by thi. subpoen..together with the <.rtjfic.te o! <ompIiAnce. to the pany auking this request .t the .dclres listed above. You have the right to stek. in .d,'anc.. lh. :.uonabl. cost of pr.paring th. copies or producing the tNnp _girl. 1l you fail to ?:oduc.the documents or lhinprequirtd by this subpoena. wiU-.Jn tw.nty (:0) cl'~'s uI.r its se"';". tho party s''''ing this '''~poen. m.y seek a coutt order compelling you to comply with it. THIS St "BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JOHN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG. PA 17108 TE1.EPHON:: 215-246-0900 St;PREME COll'RT 10 t: N....ME: AOORESS: AlTOR....EY FORllF.F.F.1ITTlAN'l' /o-;/; -0/ DATE: o. I. ';1 ;leV>' ~ ' ~~%'"'J,:{) .~ PI"othonatalyJC . , I"ision C "a~ P W::/MV'/"- Seal of the Court (":.ff. i /97) -,'iK~~_"'1r' .,.._.,_",_, ,e ."' I~.I ',' ,~ O~_, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAMILY INTERNAL MEDICINE 6 MARKET PLAZA WAY MECHANICSBURG, PA 17055 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examina1ion, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUIO-330030 724 9 0 -Lll ~'J!if!'i,""-""""""" . CERTIFICATE PREREQUISITE TO SERVICE OF A SURPOEHA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/16/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285667 72490-L12 im'~<"""""'f"i", ,~,-' --~"'--' /- ." I"-~ .- -'~,'"'iI'-, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, -vs- CASE NO: 2001-2310 DIXON NOTICE OF nREI!I'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEI!I'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE HCS on behalf of .Jomr R. NDfOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 09/25/2001 MCS on behalf of .Jomr R. NIlIOSKY, ESQUIRE Attorney for DEFElIDAllT CC: .Jomr R. NDfOSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490-COl '_0"i""l~_ 1[-' " ,. , . RECORDS REQUESTED INSURABCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL C!f(I'H!I,<!t"""'''''l%'__ , .' - '"11 ", >>> LOCATION LIST <<< . ., -'- PAGE: 1 LOCATION IlAHE PROGRESSIVE INS. COMPANY DR. ALEXANDER KALENAK DR. RICHARD SMITH RICHARD L. SLUER, K.A. DR. DAVID WENNER mv ORTHOPEDICS THE HETRICK CENTER WlLLIAK J. POLACHECK, JR. ,K.D. DR. W. SCOTT SETZER SElDLE MEMORIAL HOSPITAL - FAKlLY INTEllHAL MEDICINE FREDERICK MEMORIAL HOSPITAL DE02-165693 72490-C01 COMMONWeALTH OF PENNSYLVANIA . COUNTY OF CUMBERL-\..'iD SMITH VS FileNo. 2001-2310 DIXON SUBPOENA TO PRODUCE DOCUME.'.l'S OR TIiI='IGS FOR DISCOVERY PURSUA.l\l' TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: FREDERICK MEMORIAL HOSPITAL TO: (S.me o( P"non Of' Ezsdcy) Within rw'~'(20) days oft.r service of this subpOfl\ll, you ore ordered by the C'lIUn to produc. lhe following doc"ment. or things: ~FF. A1"rAr.HF.D at MCS GROUP INC.. 1601 MARKET ST, #800. PHILA.,PA 19103 lAd_I' You may dl;;'., Of mailllgibl. copies of Ih. dOCllmenlS Of produce thinp ftC!'Iest.d by thil subpoena. log.th., with th. cortifiut. 0: compli",cl. to thl pany malclng thil requesl atth. adclrea listed abov.. You NV' the right to Stek. in adunce. the ....onable Cotl of preparing the copies or prod"cing Ih. minp -shL (( you faillO ?,od"cI the doc"mentl or thinprequired by thill"bpoen.a. wi~.in rwenty (:!O) clays ailer ill se,,'ie.. the pony serving this .....poena may Ink a court order compelling you to comply with it. THIS SLlIPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JOHN R. NINOSKY. ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TELEPHOS!: 215-246-0900 SUPREME COll'llT ID f: .>.TTOR.'\EY FO~RFR1IIl)ANT :-:.-\ME: ADDRESS: la - /(p -01 DATE: .\!Q F .;1.,1, :lr)C,)' Divi,ioft Seal of the Court (Eff. i/9i') ;k!'1~~,~ <, , ~, .- , ." ~ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FREDERICK MEMORIAL HOSPITAL 400 W 7TII STREET FREDERICK, MD 21702 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAlSH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUlO-330032 72490-L12 "'~ti!:'\IfIll!iffi';__"",, ~__~". . ,'. ,-~, I-! , . .-~ - ,..,_. "~~~.," .~" ..~- ,~- _ __"'M" -''''"'~''''_''' '~O,^-" _.W~~.~""" (") ~;; ?J t~p '"'7-_ ("1 ~_. r;:?C) ;1'0> ".___ L\...1 ,,,e, PC::: !J o c:, ,-. . ---i 'D :~ .;;- -. - ~ 8 ;9 cj ~'--< ! --", -~':-- :::<:J -< ~ _~_~_~4..J~_~~,~~~ ~1 ,1fi!r'Jl!r;T:\~~~m~q""W;W"-1c"B",'":'''~!:t'-\'~'1,''~''!.~;'",;''I',';~'"':'--'''''-'' "-l"'FlX"'''''-i''',I'~l1P:r,:;:>l~~~'''Wll-*,,;!~Y.ffl"lffl;~~m CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TERRY SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINO SKY , ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be servedt (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. f of DATE: 11/06/2001 JOHN R. NINOSKY, ESQUI Attorney for DEFENDANT DEl1-289671 72490-L13 ;;~'i'~~"'"'_-_'~, -~'1 '" . . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TERRY SMITH TERM, -VS- CASE NO: 2001-2310 DIXON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. SCOTT STONER DR. MORTON RUBIN MCCUEN & ASSOCIATES MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOHN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the. undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/16/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT CC: JOHN R. NIliIOSKY, ESQUIRE - 22740-1108. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l67466 72490-COl fi~'i~,~",~"",'I-=-..,......, ." r'~_I"'1 '~- COMMONWEALTH OF PENNSYlVANIA COUNTY OF CUMBERL~"D TERRY SMITH VS File No. 2001-23(0 DIXON SUBPOENA TO PRODUCE DOClJMEl..'TS OR THl:-.1GS FOR DISCOVERY PURSUA.l\'T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. SCOTT STONER (S..me of Person or =at!) Within ......~. (:!O) days oft., service of this .ubpoena, you ue ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 (Add,..., You may d.in.... or mailt.gibl. copies of th. documents or producethinp rec;"ested by this subpoen.. togeth.r with the certificate 0: compliance. to the POllY moldng this roquestatthe address listed above. You ha...the right to ..ek. in ad""nce. the ",uonable cost of preparing the copies or producing the things _gilt. If you fail t. ,"oduce the documents or things required by this subpoenA. within twenry (:!O) days aiter its ",,'jce. the patty ""'ing tiUs .ubpoena may seek a coun order compelling you to comply with r_ THIS SLllPOENA WAS ISSUED AT THE REQUEST OF mE FOLLOWING PERSON: NAME: JOHN R. NINOSKY. - ESOUIRE ADDRESS: 320 MARKET ST., P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 Sl:PREME COIJJtT 10 t: A'IiOR.'\EY FOR: THE DEFENDANT DATE: (?Jr~ 1.2 .lcrv I . BY ~.;:O~T.:e .1 ,,",Ihon~"";t Ovll Oivi.ion 0'f~' () ~~4'.t~. Oepury Seal of the Court (Eff. i /9il "'~.\~""'~~'"'~' ~, ~"O '" ~ ",_ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. SCOTI STONER 619 EAST MAIN STREET HUMMELSTOWN" P A 17036 RE: 72490 TERRY SMITH INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, PHYSICAL THERAPY REPORTS, X-RAY REPORTS, EMERGENCY ROOM RECORDS AND REPORTS. . Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175.40.1738 Date of Birth: 08-10-1958 SUIO-333086 72490-L13 ';-';f}~'lC""""~-""",,,,, ~,~.~= '.'=_, _ " ~ I r. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TERRY SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/06/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-289672 72490-L14 ;;;1i!~"~"l'W- ~ ".,.,.,- - - ~ " . I~F ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TERRY SMITH TERM, -vs- CASE NO: 2001-2310 DIXON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 DR. SCOTT STONER DR. MORTON RUBDl MCCUEN " ASSOCIATES MEDICAL RECORDS " nAYS MEDICAL RECORDS " nAYS MEDICAL RECORDS " nAYS TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOHN R. NUl0SKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/16/2001 MCS on behalf of JOHN R. NDlOSKY, ESQUIRE Attorney for DEFENDAIn' CC: JOHN R. NDlOSKY, ESQUIRE - 22740-1108' Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARlET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-167466 72490 - C 0:1.. ~.~""''$'''' O~,__ , I' ,- ~ " COMMONWEALTH OF PENNSYLVANIA . COUNTYOFCUMBERLo\..'1D TERRY SMITH VS File So. 2001-2310 DIXON SUBPOENA TO PRODUCEDO~l'S OR THl~GS FOR DISCOVERY PURSUA.1'I,;l' TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. MORTON RUBIN (S...",. of PII'I"IO" or Eadty, Within lW'~'I:O) days ofter service of tlti. subpoen.l. YOII Ole ordered by the caun to prodllce the following doc"",enl. or 'hinS': SEE ATTACHED at MCS GROUP INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 (Ad_sl You may dein'" or moill'gibl. copies of Ih. docum.nts or prodllce lhinp reqaesl.d by tlti. sllbpoen.. log.ther with the cenifiule o! <ompli...ce, to the pany mAklnglhi. reqllesl allh. addnsllisted above. YOII MUlhe righl to ..ek. in adunce, the ,...onable co'1 of pr.paringlh. copi.. or prodllcinglh. things _ghl. Ii you foil to ;::oduce the documenls or IltinlP'!'luired by tlti. sllbpoena. witrJn twenty (20) d.~.. ofter its .er"ice, the pury .en'ing tNs subpoena m&y seek. COIItt order compelling YOII to comply with i:. THIS StllPOENA WAS ISSUED ArniE REQUEST Of THE fOLLOWING PERSON: SAME: JOHN R. NINOSKY.- ESQUIRE .'DDRESS: 320 MARKET ST., P.O. BOX 1268 HARRISBURG PA 17108 TE1.EPHOSS: (215) 246-0900 S1;PREME COURT ID I: AlTOR.";E't' FOR: THE DEFENDANT DATe: ((),M,.. /:1. ;207)/ BYTHECOUR~ ("'~~A. It L~ !'rot ~erlt. CMI OM.lon ~(). - Yu.4d.f.~ Deputy Seal of the Court (~ff i /97) _'1l#;;,:<ti""1=""""-'_~' . EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. MORTON RUBIN 120 SOUTH FILBERT STREET MECHANICSBURG" PA 17055 RE: 72490 TERRY SMITH INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, PHYSICAL THERAPY REPORTS, X-RAY REPORTS, EMERGENCY ROOM RECORDS AND REPORTS FROM 2/2000 TO THE PRESENT. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relaling to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAlSH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 5U10-333088 72490-L14 ,-i:~~'mW'>'\""...t'"",~".,. ~, _ , " CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TERRY SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/06/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-289673 72490-L15 !:f('l'<,>)Jj__~"'~JlI_" ~ . , ~,- ,- .",., - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TERRY SMITH TERM, -VS- CASE NO: 2001-2310 DIXON NOTICE OF INTENT. TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 DR. SCOTT STONER DR. MORTON RUBIN MCCUElII Ii ASSOCIATES MEDICAL RECORDS Ii DAYS MEDICAL RECORDS Ii DAYS MEDICAL RECORDS Ii DAYS TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOHN R. I!JDIOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the' undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/16/2001 MCS on behalf of JOIIII!J 11.. IfiNOSKY, ESQUIRE Attorney for DEFEllDAJlT CC: JOHN R. NINOSKY, ESQUIRE - 22740-1108' Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MAlUCE1' STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-167466 72490-COl i~~~.^-" " -, , COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLA..'iD TERRY SMITH VS File No. 2001-2310 DIXON SUBPOENA TO PRODUCE DO~"S OR THI~GS FOR DISCOVERY PURSUA."..rr TO RULE 4009..2.2 TO: CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES (S.m.. of Penon or =at!) .....ithin rw.~' 120) days Ut.r slrvice of Utis subpoelU, you ue ordered by the court to produce the following docwnents or things: SEE ATTACHED ot MCS GROUP INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 IAd_sl You may deih'er or mail IISible copies of the documents or produce thinp Nq"ested by this subpoena. tog.ther with the c.rtifiut. ai compli&nce. to the pany lIIwnlJ this request ot the addreu listed above. You ha... the right to S.Ik. in .dnn... lh. ....onable cost of preplrinlthe copies or producing the thinp _!JIlL If you fail ta .,.aduce the documentl or thinI' re"uired by this subpoena. witl-.in twenty (:!OI c!a~'s Uter its .e,,'ice. the potty .e,,'ing titis .".poena may seek I CClWt order compelling you to comply with lL THIS SLllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN R. NINOSKY, - ESOUlRE ADDRESS: 320 MARKET ST., P.O. BOX 1268 HARRISBURG PA 17108 TE1.EPHOS!: (215) 246-0900 S1.:PREME COURT [D I: Ait'OIL"EY FOR: THE DEFENDANT DATE: f) rir..P.". J:J. :l-b-O ( BY~~~O~TJi~~ . ~~Jr Ovil DiYi,;O" ~f1 '72u~,:, 0.,...\1 Seal of the Court (~ff. i J9i) ~~~Ii'_"p%_'; , ,~ _ ~ ,~, ~- "' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES 5 KASEY COURT MECHANICSBURG" PA 17055 RE: 72490 TERRY SMITH INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, PHYSICAL THERAPY REPORTS, X-RAY REPORTS, EMERGENCY ROOM RECORDS AND REPORTS FROM 8/99 TO THE PRESENT. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAlSH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40.1738 Date of Birth: 08-10-1958 SUlO-333090 72490-L1S ';E:1::c'li"_",>"!,r, -'~~ " ,,_fF', - ~ =-~-~ -, ,-~-~'~~.- ^~--- ~"'_O'_' _ ~-"... "'_~_'" ~~,_" ".<-'.if" O<~'''~'''''_'''''' _,,,,..~,,,,___,, "''-',,~''~M,''-_~-'''_ '-"'---''' ,,-,",c_ C) c. s.~ .'C'r~ Q:.1C:::; (i s:: <.---- 1~ ;~~~.- /" -C] "" '..; ._.~. ._~- 1"-:7 ::;:''--?: ''- ,~ ! ().: ~ r:.~j :u~~ ::0 -< ~ _ 11l1l11!fW"iF<Il'W'4Ii~~Wlmol'1-."!1IJIWJlllii~~_l!>'~"'P'?'"<".W~'~,~'H"W'''''''~O;;--,,"_'Y'_'1<,;S_~,,"\''''''';?'!!'iWt?j,,0W':!mm:li~j\\~ffl~-"W'Ii:\lI;:,",~'flW~~ _,_","lr~N; JW">"~ . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TERRY SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINO SKY , ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/11/2001 MCS on behalf of YJ..n J J , ~ J ~~NI~k --rr~ ~ Attorney for DEFENDANT DEll-297231 72490-L16 t:~'-"J'~"""r""""_'" _ . ,~ ~,~~, .. . -~, , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TERRY SMITH TERM, -VS- CASE NO: 2001-2310 DIXON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 UNITED PARCEL SERVICES (UPS) EMPLOYMENT TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOHN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fram the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/19/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT CC: JOHN R. NIROSKY, ESQUIRE - 22740-1108 Any questions regarding this matter, contact THE MCS GROUP IRC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-170754 72490-COl '';'';~~l'i!ill'( ~" "',,'_" 1,"_' " r COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERL~'iD SMITH VS File So. 2001-23.0 DIXON SUBPOENA TO PRODUCE DOClJMEl.,.S OR THL'iGS FOR DISCOVERY PURSUA."'" TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: UNITED PARCEL SERVICE (SAme of P,non or Entic,-) Within rw.~' (201 d.ys Ut.r se",ie. of this subpoeno, you ue ordered by me court to produc. the following docum.nts or 'hings: SEE ATTACHED MCS GROUP INC., 1601 MARKET ST., #800, PRILA.,PA 19103 (Ad_.1 .t You m,y deu...r or moill.gibl. copies of th. docum.nts or produc. thinp request.d by this subpoen.. together with the cortifiu" ai complionc.. to t/l. puty lI'akinlthis request" the .ddnss u.te4 abov.. You h.... the Mghtto ...k. in adnnce. the "uon,bl. cost of preparins the copies or producins the thinp -pI. 1f you foil to ?"oduc. the docum.nts or things required by this subpoena. wit!-.m tw.nty (20) c!,~'s Uter its ,..,,'ic.. th. potty .."'ing this 'u'po.n, m,y seek, c","" order comp.lling y~u to comply with i:. THIS SLlIPOENA WAS ISSUED AT THE REQUEST Of THE FOLLOWING PERSON: S....ME: JOHN R. NINO SKY , ESQ. ,..OORESS: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TELEPHOS:: 215-246-0900 St;PREME C01.l'KT ID I: ...nOR.'I;[Y fOR: DEFENDANT OAT!: I J1.)(Y) 1.3 ::)/)0 J , 'Y('f.~'7 ~ ' ~,.aorlc, Divisi.n '- an-.a~P-2V~..1 Seal of the Court (:If. i /97) 'J'f"~(~,4" >,_.'_ , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: UNITED PARCEL SERVICES (UPS) 1821 SOUTH 19TH STREET HARRISBURG, PA 17104 RE: 72490 TERRY SMITH Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAlSH RD., MECHANICSBURG, PA 17055 Social Security N: 175-40-1738 Date of Birth: 08-10-1958 SU10-339476 72490-L16 I',,,"'m~_"", '1_ . ,'~ - - -l-I~. ., ' .' -, m w ~_ "~~~..,. ~ ,~_^~ ,,_~ ,~~, _ ~,_~_ H"~"~" .-- , (') C:::I C;;.. ,"":j ",,'j r-{"; "-1 C1 , tj"'- ,--) ?; ( ". (r) .,- ~ . - -'n ">:' , i'~.) ? <. - ., .r:-- ~ -,- 1'WR1'/ll11~~l~~."'IP!'!iI__\'l'~ft~~*%.'!>r,~&;:;,,,-m:r;W$~i1'F,"';' .--"''f'rr~I,-",.,,{-,:,'l'jc=J"'"''W~~;,o/''"*"M~Ji1j'lf_~_WfJ'')j\~Ii~;'<" JU"~I""~ , /.,~k;2002 TERRYL. SMITH and EVE SMITH, Husband and Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffs : NO, 2001-2310 v. : CIVIL ACTION - LAW CORBIN DIXON, Defendant : JURYT~DEMANDED SCHEDULING ORDER AND NOW, this ~ dayof-Y , 2002, the following Order is issued as to the management ofthe above captioned case, 1. Plaintiffshall serve on Defendant' s counsel a meaningful witness list by June 1,2002 2, Defendants shall serve on Plaintiff's counsel a meaningful witness list by July I, 2002. 3. Plaintiff shall serve on Defendant's counsel all final written discovery by July 15, 2002. 4, Defendant shall serve on Plaintiffs counsel all final written discovery by August 15,2002, ~~'!'> -.,'. ,,''''7''~ "'. _ ~ -'F" ~n.~..,' ~<_ . " 5, All depositions of non-expert witnesses shall be concluded by August 15, 2002. 6. Plaintiff shall serve on Defendant's counsel all expert reports and curriculum vitae of experts by September 1,2002 4, Defendant shall serve on Plaintiff s counsel all expert reports and curriculum vitae of experts by October 1, 2002, 5, The case shall be listed for trial by September 16, 2002, 6, First call of the list will occur on October 8, 2002. 7 Pre-trial memorandum are due October 4, 2002, 8 Pre-trial conference is to be held October 16, 2002. 9, The case is attached for trial for the November 4, 2002 term of Court, Judge ~ ~-:b.- ~:31~ C4' <>-.,{ ~ 1Z.fl~' Co, t,/3!O.2., ~ 1P. ',".\~["" -7- ",~-"',-r' '"'" ,~, _ ,-" '_" " }['''1\~'~'_'',~,1_",~ ",',~-", ,". T . , " " ~, ~,~ ~"" " \:fit\i~f,-\-i I \' 'I'll): ~'f/ ~ !/\SNiV:Jd /." \1; :: 1.') r'1'. -, '1,' l-:-f . . '.'7 ,4-'PIA1"", -'-"~t'tfIJ l !-!" .n1 In I ','1 "..,,) -' <'I;' At}\:/;(::; .~\. , ^ I'L~ ,-. .~ I~ - " "11 CO ::,10 .W_' ~- c ""-~[ ~ ,~ L _<, ~' "'~.'~"""'___ " ".' 0"-'. ~~'~..~ .. ~""'" '_,,,..'L -'-~",,--v"'"-Tml! '" _~ "', .~_~,"~,_.~,'~lW~F'.wHnll\R-i!l!"~F'~\ll~~~'lifll'v_ " f_ ~'_ '.'-' ".,'~ ~,_ .~/1 : 'I, ". TERRY L. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO, 2001-2310 v, : CIVIL ACTION - LAW CORBIN DIXON, Defendant : JURY TRIAL DEMANDED STIPULATION OF COUNSEL AND NOW, this C)(Jjlf- day of /11+7 ,2002, Robert F, Claraval, counsel for Terry L. Smith, and John R. Ninosky, counsel for Corbin Dixon, jointly request that this Honorable Court enter the attached Scheduling Order to facilitate the trial of this case. Date: ~ J 20 10&- J I ' ROBER F. CLARA VAL, ESQUI P,O, Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court LD, #19222 Attorneys for Plaintiff By GOLDBERG, KATZMAN & SHIPMAN, P,C. Date: S Y71ori- I ' By ~'N~jJ:~ P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Supreme Court LD. #78000 Attorneys for Defendant \'H~ _,I \O"'__~~"~;'''P_,'" '7''''' 0.,'. ,~',_,"", _r" '^_',,_"'f":-Id .. , , ~ 1 ~~ .- ,",., '~H"'"_' ~. "~", ,'"~- .~ '", ,~ ~" 'W" ,~,_~ .",~,' ,~,-,~',"<~" ~ ..... 0 c> 0 c ,,, " s: :Ie ::,:.\ -0 r;::; :;po nl Lf; -< ;~ # z ?: ;:--, N r'T1 t"t-... 0 U1 0) <~:{~~ -. r;:: " -U ^. -'1 , ~,. ~~ C) :;::'" >;~ ,:,.) ~; m <- :::> ~ ::IJ " -, co -< IJ r l1!Ut"Ul:~mW:;jI;jWlWffl'n~lUll$1~!!I~:'w"';'!~!""_11ltM.#~~~",~_.."",JI\.!c~_~'''''~ .. "".'7" <7;'.''<'.- , -,'""~lAf TERRYL. SMITH and EVE SMITH, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2001-2310 v. : CIVIL ACTION - LAW CORBIN DIXON, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served Plaintiffs' Request for Admissions Addressed to Defendant via fax and first class United States Mail, postage prepaid, addressed to the following person: John R. Ninosky, Esq. Goldberg, Katzman & Shipman, P.C, P.O. Box 1268 Harrisburg, P A 17108-1268 CLARA VAL & CLARA VAL Date: II ad- By DQX\~W\A lli~vw DENISE I. WILLIAMS, Secretary For Robert F, Claraval ',ji."","", . ",-' ""'T,;:,~, ,. _~=>_ot",. _ '-'C ,_,,"t<",-:, _ _ ',".~_ "",""'h, ',' 0,__ .. ,.~" . I II II II II II II !I Ii II Ii Ij I.! ,! II IJ., "'. ~ w ,.,. o~"' . ,~.~ ~~ '~'~.' ~~ ,"-',,"'""'~" --,~, --."~' - "~ .""~ . e'"",. .,- [I' 0 0 0 c;: N -,., ;:::: ~ :=J "'Om c: j'-j:i ~, rn P} r- " Z1 -"'J "" 03~,: ....... -"'; <~ ;o>.c :~C) ~;.~' --a . r: jJ -, .~) Z>~, --,;;> c; :>2: J,:;- " " _. '", z ~ ::< CD ~D "<; ~ " ", ~''''''',<, .~ ...". ---~ '?,,-,~,',- ",...,.I~:"",,,,,,,,,"""'<'"",=,.,, ~, 'F'~~-""'"'h,' . -,~,-,.."<,,,n"~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHONJTARY OF CUMBERLAND COUNI'Y 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) (X) Civil Action - Law TERRY L. SMITH and EVE SMITH, Husband and Wife Appeal from Arbitration (other) ( Plaintiff) vs. CORBIN DIXON The trial,list will be called on 10/2/02 and N/A Trials corrrnence on 11/4/02 ( Defendant) Pretrials will be held on 10/16/02 (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. 2310 Civil 2001 2m{ Indicate the attorney who will try case for the party who files this praecipe: Robert F. Claraval, Esq. Indicate trial counsel for other parties if known: John R. Ninosky, Esq. This case is ready for trial. Signed: Robert F. Claraval, Attomey for: Plaintiffs Date: September 10, 2002 :>t~~-__^= ,--<<, ''F ,~~~ _ , ",_ "_ _,. <. 0 a 0 c "-', -,1 ~ 'J'> -olT..' J--'if rn""-;-l v .'1 Z::(' ;::-'" ~:i: ;-, 1<1 <i " C) ~~;: ..-. :\'"" ~--j --;-1 ~~~-~: ~,. '- r5 :c>.~~ S? ;~) fT': ~ ~~...i -:,,) ~1J -<" r"'0 -< i' I , , , 1~~~~~~'!t1)f~,'W'.~<t\\'~f-!m~:""f!~~~)'i;?""'~~"So1<~;r'!Y(\j~~~-~~--tjfl~~ ",,'-' ~ ~, #16 TERRY L. SMITH and EVE SMITH, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CORBIN DIXON, Defendant 2001-2310 CIVIL TERM PRETRIAL CONFERENCE At a pretrial conference held October 16, 2002, before Edward E. Guido, Judge, present for the Plaintiffs was Robert F. Claraval, Esquire, and for Defendant, John R. Ninosky, Esquire. This is an auto accident case in which the defenadnt is admitting negligence. However, causation and damages are contested. The parties estimate that this will take three days to try, including jury selection. Because the defendant must come from Virginia, it is requested that this be one of the first cases scheduled on Monday morning. There are no complicated legal issues. The parties have been advised that any motions in limine and supporting authority must be filed by close of business on October 25, 2002. Any responses with supporting authority, must be filed by close of business on November 1, 2002. The parties appear to be close to settlement. However, I wouldn't give better than 50/50 odds on them getting there. Edward E. Guido, J. r~, ~__ ,_"",_"", h'_ "" "If-l -,-,. ,"'-~" . , ,. - - ~,-" '~.'~. ." ~ "- ~< '~>~'_. ~, -. ~"- -'~.'=' ,-,"' ""'~,. -,-,. . '1"-1 ,~,1 '~.\l J \;11,">,1\ i\ \/"",";:;.\\ll'.::-JCl . I. ' _, '~_I'~'^It'\(\ } "Ir"'~ '"',i,..I,,',,, 'V >"Lj\ \U"./ ';" .,," "'>T~''';:ic~ "t -, !!It f!'ij.! ~~~'1'Ii,"ii:!if;:~~""",1{;Tf,1"~N~,,,)>,'r,J:ij'7""fI:'1^tri"""'"''''"''1;tJ"h*"'\\'TI!f~~"'~~~~fIIj~~1-~ MU' .\11,1" '::1 + \ \-, ~ 1 \.~\ .' I C -'I', ' ^....;,i.!_'~:..'. -.</'1 .- I\QN Robert F. Claraval, Esquire For the Plaintiffs John R. Ninosky, Esquire For the Defendant It I,,,,,",, ',."", , ." .~ . r"1 ,- - .j _ ., " ~~ .0.>> 10'10'0'2- - LiL-T ,-, \"'-' ':- '1'!"!!'\!'''''''''-'~~" I~ ~. ~ ".'"-- ~--~ '"" ."~. . r... \/'\!i...tt.l'C'j'- ,- II '1"1/ \ ,:\.~.i\ J.J-H ,UN(l(..(....1 '-";"~"""""r'\ , 1'-..;", '-:":, r,";1 ;,~; L. I : ;'1 ','..~d' [I ".,- . iJU A:hlC.J, ,_" ...,..,= ~~_"~_ .~~_~;1q$~r,;~~f~~);'ffRt","""'fJ;)-"'''''R!';C",.,,,,,,\..n~Hl'':~$l1;;;~l>!~~~~~jll' TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs v. CORBIN DIXON, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-2310 Civil Term JURY TRIAL DEMANDED PRAECIPE Kindly mark the docket in the above captioned matter SETTLED AND DISCONTINUED WITH PREJUDICE. Date: ~h"",","'- - ,-. ",-~___t_,;,,,,,,,,,_"'-o~',,,,,,,~,s:" .,_,""_~__.n_, ''''' Robert F. Claraval, Esqu re Attorney I.D. No.: 19222 P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 "~ ~ r ~, ,-. . - ~ ,~_o_, LJ o <;; 9tL :-E::,T'::-_ ('" t~. ~:i5 -- ~~ -" C) f~ s: I cf, <,,,_ "",,",~_,"",",_, l.?I_~<t 1!!P!1'ffl ~'~_1m_I,,'l'il~~'li1t ,_~ . [fl. ., _'_ _ 1'_. - ~'.- 4',''','' ~ '...0 ,:.n -l~. ~ :i ~ .""'"^~-; ","o-~~lllf