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HomeMy WebLinkAbout01-04742ANTHONY SxEFANON ATTORNEY AT LAW 407 NORTH FRONT STREET POST OFFICE BOX 12027 HARRISBURG, PENNSYLVANIA 17108-2027 PHONE 717-232-0511 Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 September 10, 2005 TELEFAX 717-233-2657 RE: Gerald T. Phillips & Porkia Phillips v. Frederick W. Adams No. 01-4742 Dear Judge Hess: I received a copy of the letter dated September 7, 2005 from Mr. Muzic to yourself regarding the payment made by Donegal to TIG Speciality Insurance. I stand by my argument that this is simply an attempt to circumvent the procedures established by the Legislature, and as such is invalid. Furthermore, the amount paid by Donegal as evidenced by, its, documents does not comport with the amount demanded by the workers' compensation carrier in its lien letter. In this regard, please find attached a copy of the lien notice which I have dated August 5, 2004. It is for the jury to decide how much of the medical expenses are related to the accident. The defendant is defending the case based on the argument that all of the medical expenses claimed were not caused by the accident. If the court precludes introduction of evidence of the medical expenses, then the defendant's insurer will have effectively usurped the function of the jury in this case. I believe that the proper course would be for you to permit the plaintiff to plead and prove all of the medics! expanses as authorized by statute,' mnd then sort the subrogation issue out in the context of a workers' compensation proceeding; in frontof a court which actually has jurisdiction to hear that dispute. ,, truly yours, non AS/kr Enclosures pc: Joseph G. Muzic, Esquire vai-v5ioa '1'NU 1a:29 !''AX 972 831 5B7`a CUATOM 5'P EC.IA LTY e~~~E ~o .,ors TIG Specialty Insurance Solutions to me for further handling. The WC file is concluded. Total WC lien: $28233.77 for medical treatment payments. I have attached a financial detail ledger documenting the payments we have made for your perusal. Per Section 319, you protect our lien. We are aware of your entitlement to at#orney fees according to 77 Pa. Stat. 671, Please forward TIGs check to: TIG Insurance P.O, BoX 152863 Irving, TX 75015-2863 TIG INSURANCE COM PANV 5205 North O'Connor Boulevard Irviny, Texas 75039 phone: 972 831 5000 ng~pS/pa muL 7.4:30 FAQ 972 831 567? CUSTOM MKT CLAIM Page two Our Tax ID: 94-1517098. Please reference the claim No. A99187221 on the check. Thank you for your time and courtesy. With kindest regards, I remain Sincerely yours, Darlene White Recovery Claims Specialist TIG Insurance P.O. Box 152863 Irving, Texas 75015-2863 1-800-472-7583 ext. 5624 972-831-5677 FAX 972-851-5624 3~~~ OONAID N. NIKOLAUB JDHN P. I~JADEL MAT771EW J. CREME, Jp JOHN F. MARKS. PADLA D. MUNBDN RK7IARO D. 6AEINER JEARiEY A. MILlB MICHAEL 6. f$7AB MICHAEL A. VANA6BE JO6EPM 6. Ml1ZIC. JR. LI6A J. McWY BERNAOETIE M. NWENppEL ANTMDNY MARC HDPgN6 JCNN C. MOHENA~l WANDA 8. 11VIIARE NAONff C. ~LL~ KRK3IEN L. HARTMAN NIKOLAUS ~L HOHENADEL, LLP ATTDRNEVS AT LAW 272 NORTH DUEEN STREET CIX1NeEL LANCASTER, PA. 776D9 J~H J. LDMBARDD 777/28&3726 FAX 717/299-tB71 327 LOWeT eTFiffT COLUI~W, PA. 17678 p171889-0422 FAX 777/6848066 AL60 ADMITTED TD September 7, 2005 NEW voRK STATE BAR Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Gerald T. Phillips and Portia Phillips v. Frederick W. Adams No. 01-4742 Dear Judge Hess: The attached documents were faxed to me by my client's motor vehicle liability carrier, Donegal Insurance. The documents concern the payment of the Plaintiffls workers' compensation subrogation lien. Thank you for your attention to this matter. V ery truly yours, ,,,~ Josep uzic, JGM/des enclosures cc: Anthony Stefanon, Esquire (w/enc.) I~~NE~~ INSiIIZANCE CQM2'AIVIES February 8, 2005 TIG SpecialryInsurance Athi.: Dazlene White PO Box 152863 Irving, TX 75015-2863 RE: Your Claim Na.: Your Insured: Claimant: Our Claim No Our Insured: Date/l,oss: Deaz Ms. White: A99187221 Rhoades Development Group, In.c. Gerald Phillips PAE 0328996-54 Fred Adams September 10, 1999 C~~p~T Thank you fox promptly returning your written confirmation of your acceptance to our o£E'er. As agreed upon, enclosed is a Check in the amount of $20,960.00 to fully satisfy your worker's compensation lien regarding the above named claimant and date of injury. Phis will serve as a full and final settlement of the worker's compensation lien. Thank you for your attention to this matter. Very truly yours, DONEGAL COMPANIES 7ulie Krone, AIC BI Claims Representative 1195 River Road, P.O. Box 302 Ntarietta, Pennsylvania 17547-0302 (717) 426-1931 www.donegalgroup.com CC: 7oseph Muzic, Esquire 212 North Queen Street Lancaster, PA 17603 0~ INSURANCE COMP February 1, 2005 TTG Specialrylnsurance Attn.: Darlene White PO Box 152863 Irving, TX 7501.5-2863 RE: Your Claim No.: Your Insured: Claimant: Our Claim No.: Our Insured: Date/Loss: Dear Ms. White: A99187221 Rhoades Development Group, Inc. Gerald Phillips PAE 0328996-54 Fred Adams September 10, 1999 C~ o0p~7 This letter will confirm our phone conversation of January 31, 2005 in which we agreed to settle the worker's compensation lien for Gerald Phillips in the amount of $20,960.00. 't'his will serve as a full and final settlement of the worker's compensation lien. Please send written confirmation of your acceptance to this otter. As soon as this is received, we will issue you a check in the above stated amount. If you have any questions, please contact me at (717) 426-1931, cxt 7419. attention to this triatter. Very truly yours, DONEGAL COMPANIES Julie Drone, AIC 8I Claims Representative 1195 River Roada 547 0302 Marietta, Pennsylvan (717) 4261931 www.donegalgroup.com Thank you for your CC: Joseph Muzic, Esquire 212 North Queen Street l,aucaster, PA 17603 SPEC ! A L T Y• x.auwnnna socur,a~.. •_ nZOS Natn O'Wnner BIW. Irv1ra.'E%7593B Phom:9T46d1.~00 Fmc ff/2891.5939 0 To: Ms. Julie Krone, AIC From: DaHene White, liecovery Specialist Donegallnsurance Compact Phone: 972-83'1-6fi24. F~c 972-8315677 Fax9 717-426:-7023 Dlate: Fetxuary 7, 2005 phan~ 717-026-1931 Peres: 2 Re: C1g'aIdT.Phillips--Subrogation GC: •Commentr. Your Claim: PAE 032599 5 Your Inanred: Rhodes Dever meat Gronp, Inc. Claimant: Gerald Phillips Out' Claim: A99187221 Date of Loss: 9/10/1999 This letter is to confirm TIG Specially Insurance will accept 520,960.00 as o8'ered by your company to satisfy onr workers' compensation lien regarding the about captioned claimant and date of injury. Please note TIG Specialty Insurance TIN is 941429618. Please reference our claim ttumber and claimant's name on your iettcr and check. Please mail both to my attention and the address below. Thank you for your time and courtesy. With kindest regards, I remain GoeMd®ntiality Notoe The documents smomperrytng:his far-siraile contan inrormeGorr belongfng to T!G Insurance Company, which are or may be conRden~tiai orlegallyprmrlagatl. fieinrorma0onklrAended onlyforrhe use oiihe individual orendty nernedabove. If you era not the Mtendad raclplen; you era hereby nofi5ad that any dfsclawre, copying, dlssemfrratien, distdbutlon ar the fvldng of any ao7an in rermrca of the twntenfs or this facsimile Information is shfc7y prohbded. if you have rawived this fecslmila in error, orate not sole WhatherB is pitY7eged, Aleasa notify the parson named above immadietery to arrarxla for the velum of the origlnaf. ~~~ SPECIRLTY° ~Nptl R~NQS RGLUTIGM° kage 2 sineerely years, ~~~ Darlene C. W4ite TIG Spegialty Insurance P.O. Bos 152863 Irving, TX 75045-25(3 gxasxamo~cm~and. Immg,'r)t7sa39 PtIGrIK arl,git,5000 Fmc 411.W1SB99 coera®etiantr sores the documents asmmpanying Lyis facelmlla contain In/ormation 6elongfng fa Y7G Jnsuranca Company, which are ar may He mnfitlenriel oYlegaltyWhdleged. Thelnlmmary'on fs intended only forfha use o7t/+e fndfvldvaf oren6'ty named above. 7f yov are rrot N sia intended rerfpJent ywu ara hereby nWlBed that any d/sc/awre, copying, Qisseminaflon, dlshlbu0on or me teldrtg of any action er retience of ffre caf[aMs of this fecsimrle information fs sfdcPly proh161lad. !f you have raceivetl this fataimila in eaar, orara rrof srna wbafharft IS privileged, pls+esa Hotly the ptasan Hamad above immediately to arrange far the refvm of tha original. ,~ ~ GERALD T. PHILLIPS and PORTIA PHILLIPS, his wife, Plaintiffs vs. FREDERICK W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.Ol-4742 CIVIL JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held August 31, 2005, were Anthony Stefanon, Esquire, attorney for the plaintiffs, and Joseph G. Muzic, Jr., Esquire, attorney for the defendant. This case arises from a motor vehicle accident which occurred on September 10, 1999. The defendant approached an intersection which was controlled by a stop sign whereupon the defendant failed to stop for the stop sign and crashed into the side of the motor vehicle being operated by the plaintiff, Gerald T. Phillips. Mr. PhiIlips was in the course of his employment at the time of the accident which creates a significant question in this case as to whether he can plead and/or prove his medical expenses which might otherwise be payable by Worker's Compensation. This issue will require a ruling by the trial judge. In the event that there remains a doubt concerning this issue, the entire matter should go to the jury. With proper itemization of the verdict slip, this issue can also be addressed post-trial. Counsel have agreed to stipulate to the authenticity of medical records. Counsel will also stipulate to the amount of medical expenses though the defendant will have a continuing objection to the medical expenses on the grounds of relevance. This otherwise uncomplicated trial should be of no more than two days' duration. The .g. usual number of juror challenges will pertain. August 31, 2005 Anthony Stefanon, Esquire For the Plaintiffs Joseph G. Muzic, Jr., Esquire For the Defendant Court Administrator :rlm Kevin A/Hess, J. A~ ~ ~' . ,~~ - vt~s ~= ~_ .T- 1_~ ~ - va (J -_ r=~ 1% L. l'. G`1 O t '~ N " RECEI`JED AUG 252005/~„ ANTHONY STEFANON, ESQUIRE I.D.#25497 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 Attorney for Plaintiffs GERALD T. PHILLIPS and PORTIA PHILLIPS, his wife, Plaintiffs vs. FREDERICK W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4742 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFFS' PRETRIAL CONFERENCE MEMORANDUM I. STATEMENT OF FACTS AS TO LIABILITY: This case arises from a motor vehicle accident which occurred on September 10, 1999 at the intersection of Creekview Road and Orrs Bridge Road in Hampden Township, Cumberland County, Pennsylvania. Plaintiff Gerald T. Phillips was operating a certain 1999 Ford F-150 XLT pickup truck, traveling in a southbound direction on Orrs Bridge Road. At the time of the accident, Mr. Phillips was acting in the course and scope of his employment. Defendant Frederick W. Adams was operating a certain 1999 Chevrolet Venture motor vehicle traveling on an eastbound direction on Creekview Road, approaching the intersection of Creekview Road with Orrs Bridge Road. That intersection was controlled by a stop sign facing the direction of travel of Defendant Frederick W. Adams. Defendant Adams failed to stop for the stop sign, drove through the stop sign, and crashed directly into the side of the motor vehicle operating by Plaintiff Gerald T. Phillips. 1 Defendant, in his answer, has admitted his failure to stop at the stop sign. That admission is contained in Paragraph 7 of the Answer, and Plaintiff proposes to read that admission to the jury: ... it is admitted that Defendant failed to stop for the aforementioned stop sign. As for the direct point of impact, Defendant does not have sufficient knowledge; however, Defendant admits that a collision occurred with Plaintiff's vehicle." II. STATEMENT OF FACTS AS TO DAMAGES The force of the collision was sufficiently great to push the Phillips vehicle out of its lane of travel, across the northbound lane of travel and through a lawn, bushes, and shrubbery located on the east side of Orrs Bridge Road. Plaintiff Gerald T. Phillips was hurled about the interior of the pickup truck he was operating, and suffered injuries to his neck and back for which injuries he has undergone an extended course of medical care and treatment. Mr. Phillips initially received treatment from his chiropractor, Albert Skocik, D.C. Dr. Skocik had previously treated Mr. Phillips for low back problems, and had seen Mr. Phillips only two days before the accident on September 8, 1999. At that time, Mr. Phillips condition was much improved and his lumbar orthopaedic findings were listed as "unremarkable." Mr. Phillips returned to Dr. Skocik on September 10, 1999, after the accident, and at that time was diagnosed with a host of neck and back difficulties that he did not have two days before. Dr. Skocik undertook treatment of Mr. Phillips condition from September 10, 1999 through May of 2000. Unfortunately, Mr. Phillips condition did not improve, but 2 deteriorated. In March of 2000, Dr. Skocik sent Mr. Phillips for an MRI which revealed bulging discs at multiple levels and a congenitally small lumbar canal. This congenital condition predisposed Mr. Phillips to serious injury in this motor vehicle collision. On May 3, 2000, Dr. Skocik referred Mr. Phillips for orthopaedic care by Walter C. Peppelman, D.O. Dr. Peppelman treated Mr. Phillips conservatively through July of 2003. That conservative treatment included repeated epidural steroid injections by a colleague of Dr. Peppelman, Dr. Dunn. This injection therapy began May 25, 2000 and continued through April 25, 2003. Unfortunately, as the consequence of the epidural steroid injections, Mr. Phillips developed an infection in the discs of his low back. Mr. Phillips had spine surgery in July of 2003. This surgery was followed by an extended course of antibiotic therapy in the hospital, and later at home. During this course of treatment in the summer of 2003, Mr. Phillips missed a total of 11 weeks of work, resulting in a gross loss of earnings of $13,961.53. Plaintiffs' expert, Dr. Patterson, will testify to the reasonableness, necessity and causal relation of the medical treatments to the crash. Dr. Patterson's report is attached. Plaintiffs' expert, Dr. Li will testify to-the causal relationship of the infection to the accident related treatments. Dr. Li's report is attached. The initial medical expenses for Mr. Phillips' care and treatment were paid by his employer's workers' compensation insurer, TIG Insurance. That insurer has notified Plaintiffs' counsel of a lien for medical expenses in the amount of $28,233.77. 3 The medical expenses incurred in the summer of 2003 were not paid by workers' compensation, but were paid by Plaintiff's private medical insurance company, Highmark Blue Shield. Those payments totaled $39,466.24. Plaintiffs maintain that those payments were properly payable by workers' compensation. In addition to the amounts paid by medical insurance, Plaintiffs have incurred out-of- pocket costs in the amount of $1,117.86. Thus, Plaintiffs claim the following damages: (1) Plaintiffs' workers' compensation medical payments- $28,233.77 (2) Gross Loss of Earnings - $13,961.54 (3) Medical Expenses (2003) - $39,466.24 (4) Out-of-pocket medical costs - $ 1.117.86 Total Economic Losses - $ 82,779.41 Plaintiffs also claim non-economic losses for pain, suffering, aggravation, inconvenience, loss of life's pleasures, and for loss of consortium in an unliquidated amount. 4 III. STATEMENT OF PRINCIPLE ISSUES: A. LIABILITY 1. Was Defendant negligent in failing to stop for the stop sign? 2. Was Defendant negligent per se for violation of 75 Pa. C.S.A. §3323(b)? 3. Did that negligence cause injury to Plaintiffs? B. DAMAGES 1. Can Plaintiffs plead and prove the earnings loss and medical expenses paid or payable byworkers' compensation? 2. What is the amount of economic and non-economic loss suffered by Plaintiffs? IV. SUMMARY OF LEGAL ISSUES 1 IS THE ORIGINAL DEFENDANT RESPONSIBLE FOR INJURIES THAT OCCUR AS THE RESULT OF MEDICAL TREATMENT RECEIVED BY THE PLAINTIFF FOR THE INJURIES ORIGINALLY INFLICTED BYTHE DEFENDANT? This question has been answered in the affirmative by our Pennsylvania Appellate Courts. Since the disc infection developed as the result of the medical treatment that Mr. Phillips received for his back injury, the original defendant will be responsible for all of the damages relating to the disc infection even if the doctors were negligent in causing the infection. In this regard see Corbett v. Weisband, 351 A.2d 1059 (Pa. Super 1988), adopting ALI Restatement of Torts Second §447. 5 2 CAN PLAINTIFF INTRODUCE EVIDENCE OF MEDICAL EXPENSES AND WORK LOSS PAID OR PAYABLE BY WORKERS' COMPENSATION? The Pennsylvania Motor Vehicle Financial Responsibility Law, as it was originally enacted, included a provision which precluded a Plaintiff from recovering the amount of benefits paid "...paid or payable under ...workers' compensation ... " 75 Pa. C.S.A. §1722. This preclusion under §1722 worked in conjunction with a prohibition of subrogation under 75 Pa. C.S.A. §1720. However, with regard to benefits "paid or payable" under Workers' Compensation, the Legislature specifically repealed the effect of §1720 and 1722. (Act of July 2, 1993, P.L. 190, No. 44). Thus, with regard to benefits "paid or payable" under workers' compensation, the more general collateral source rule applies: "In Pennsylvania the law is clear. The victim of a tort is entitled to the damages caused by the tortfeasor's negligence regardless of compensation the victim receives from other sources. Denardo v. Carnaval, 297 Pa. Super 484, 444 A.2d 135, 140 (1982). The fact that an injured party has received compensation from a source otherthan the wrongdoer is without relevancy in a suit brought by the injured party againstthe wrongdoerto recover damages. Moidel v. Peoples Natural Gas Comaanv, 397 Pa. 212, 154 A.2d 399 (1959). In this case, Plaintiff had a compensable workers' compensation injury and the workers' compensation carrier has asserted a lien against Plaintiffs' recovery for a portion of the medical expenses incurred. While the workers' compensation insurer has not yet 6 paid the work loss benefits and the medical expenses occurred in the summer of 2003, based on Plaintiffs' evidence those expenses are "payable" byworkers' compensation. The term "paid or payable" utilized in §1722 extends to both past and future benefits. In this regard, see the decision in Schroeder v. Schrader, 453 Pa. Super 59, 682 A.2d 1305 (1996). It should be noted that, underthe Coordination of Benefits provision of 75 Pa. C.S.A. §1719, a workers' compensation policy is primaryoverthe policy issued underthe MVFRL. Underthese circumstances, benefits are "payable" underthe workers' compensation policy, subject to subsequent recovery by the right of subrogation. 3. CAN THE DEFENDANT'S INSURER THWART THE LEGISLATIVE INTENT OF THE MVFRLAND THE WORKERS' COMPENSATION ACT BY ENTERING INTO A VOLUNTARY SETTLEMENT WITH THE WORKERS' COMPENSATION INSURER, WITHOUT CONSULTATION OR JOINDER OF THE PLAINTIFF? In this case, the Defendant's insurance carrier, Donegal Mutual Insurance Company, has attempted to interfere with Plaintiffs' rightto plead and prove the medical expenses and work loss in this case. While Plaintiff is not privy to the details of the arrangement, Plaintiff has been advised by the workers' compensation insurer, TIG Insurance Company, that Donegal Mutual Insurance Company has "settled" the subrogation lien. Plaintiffs maintain that this "settlement" has no effect on Plaintiffs' substantive rights in this case, and is not binding on either the Plaintiffs or the court in the trial of this case. 7 The Defendant's insurer's conduct in this case is novel, but not unprecedented. Plaintiffs have discovered two other cases in which a similar effort was made to prejudice the Plaintiffs' rights at trial. That effort was rejected by both of the Common Pleas Courts involved. First by the Carbon County Courtin Dillow v. Myers, 65 Pa. D & C 4th 78 (2003) and second by Allegheny Court of Common Pleas in Schaeffer v. Todd, Allegheny County, Civil Division, G D 97-12404 (1999). The Schaeffer case was affirmed on appeal by the Superior Court, without opinion, at Schaeffer v. Todd, 757 A.2d 1005 (Pa. Super 2000). In Dillow. the tortfeasors insurance carrier had attempted to reach a settlement with the Plaintiffs' workers' compensation carrier, and then argued that Plaintiffs should not be permitted to plead and prove the workers' compensation benefits. The court rejected this argument, holding that the workers' compensation lien is not recoverable until the Plaintiff is awarded a judgment. Since the workers' compensation carrier was not entitled to any subrogation until after the injured employee had a right to receive compensation, and the Plaintiff was neither an express party nor a third party beneficiary to the agreement between the workers' compensation carrier and the tortfeasors insurer, nothing in the agreement was binding on the plaintiff. Ths same result was reached in Schaeffer v. Todd, supra. In that case, the tortfeasors' insurer had settled with the workers' compensation insurance carrier and filed a motion in limine seeking to preclude evidence of the workers' compensation payments. The court denied that motion, and the defendant took the issue up on appeal. The decision of the Allegheny County Common Pleas Court was affirmed bythe Superior Court, without opinion. 8 Under the circumstances of this case, any payment made by Donegal to TIG is made as a volunteer and an intermeddler. Donegal has no right to interfere with the relationship between Plaintiff and his workers' compensation insurer, nor does it have any standing to enforce the terms of its own agreement with TIG against the Plaintiff. To the contrary, the Legislature has created a statutory subrogation right for the workers' compensation insurer which arises only after the Plaintiff makes a recovery. Typically, in the case of a workers' compensation lien, the Plaintiffs' counsel is able to negotiate a reduction in the subrogation claim, and is able to work a better deal for the Plaintiff that the workers' compensation statute necessarily dictates. Allowing the Defendant's insurer to interfere with the relationship existing between the Plaintiff and the workers' compensation carrier effectively terminates Plaintiffs ability to negotiate a better deal. This is not only contrary to the statutory scheme enacted under the workers' compensation law, but amounts to an interference with the attorney/client relationship existing between the Plaintiff and his own counsel. The most that may have occurred as the result of the Donegal/TIG deal is that TIG may have waived its right to reimbursement from the Plaintiff. However, that would bean issue to be determined in the context of a workers' compensation proceeding, over which this court has no jurisdiction. What Donegal has tried to do here is to make an end run around the legislature's repeal of §1720 and §1722 as they relate to the workers' compensation law. This it cannot be permitted to do. By that repeal, the Legislative effectively reinstated the common law collateral source rule with regard to benefits "paid or payable" by workers' compensation. 9 4. THE EGGSHELL SKULL THEORY In this case, it was discovered after PlaintifFs accident that Plaintiff suffered from a congenitally small canal in his spine which condition predisposed him to suffering injury in this crash. He was born with a condition of his spine which provided less than normal space for the nerves to pass through the lumbar spine. Defendant's own medical expert has acknowledged that this condition would have made Mr. Phillips more susceptible to injury of the nerves in his low back. Under these circumstances, Mr. Phillips is a classic "eggshell skull" plaintiff. His congenital organic condition predisposed him to the injury which he suffered. Defendant is liable for the consequences of his negligent conduct, despite the fact that the Plaintiff had apre-existing condition which predisposed him to the injury (See Collins v. Cement Express, Inc., 301 Pa. Super 391, 447 A.2d 987 (1982). V. PLAINTIFFS' WITNESS LIST 1. Gerald T. Phillips 2. Portia Phillips 3. Albert J. Skocik, DC (by video deposition) 4. Leland F. Patterson, M.D. (Medical Expert) (See attached report) 5. Baihan Li, M.D. (Medical Expert) (See attached report) 6. James McAndrew(HampdenTownshipPoliceDepartment)(SeeattachedPolice Accident Report) 7. Jeff DeMarr, 9 Locust Circle, Mechanicsburg, PA 17055 8. Designated Medical Records Custodians 10 VI. PLAINTIFFS' EXHIBIT LIST 1: Dr. Skocik Progress Report 9-2-99. 2. Dr. Skocik Initial Report 9-14-99. 3. Dr. Peppelman Office Progress Note 2-7-01. 4. Photograph of Plaintiff's truck at accident scene. 5. Photograph of Plaintiff's truck at accident scene. 6. Photograph of Defendant's van at accident scene. 7. Photograph of Defendant's van at accident scene. 8. Photograph of damage to Plaintiff's truck. 9. Photograph of damage to Plaintiffs truck. 10. Photograph of damage to Plaintiffs truck. 11. Photograph of damage to Plaintiff's truck. 12. Photograph of Plaintiff wearing Ortho Trac device. 13. Photograph of Plaintiff wearing Ortho Trac device. 14. Ortho Trac brochure. 15. Phillips Form 1040 Tax Return 2000. 16. Phillips Form 1040 Tax Return 2001. 17. Phillips Form 1040 Tax Return 2002. 18. TIG lien letter with supporting documents 19. Medical Expense Summary (TIG). 11 20. Medical Expense Summary (2003). 21. Jerry Phillips Work Loss Computation. 22. Jerry Phillips out-of-pocket expense summary. 23. Police Accident Report. 24. Orthopedic Appliances. 25. Dr. Skocik Medical Records. 26. Dr. Peppelman Medical Records. 27. Dr. Dunn Medical Records. 28. Dr. Davis Medical Records. 29. Community General Hospital Records 7/22/03 to 7/28/03. 30. Highmark Blue Shield Payment Records. VII. STATUS OF SETTLEMENT NEGOTIATIONS Defendant's insurer, Donegal Mutual Insurance Company, has a $500,000.00 liability limit on its policy. By letterdated May 17, 2005, Plaintiffs' counsel advised defense counsel that Plaintiff would be willing to negotiate a settlement within the policy limit. In response to that overture, Defendant's counsel has gave a verbal offer of $15,000.00. This offer was rejected by Plaintiffs' counsel. 12 VIII. OTHER MATTERS Plaintiffs request a stipulation that the reasonable and necessary medical expenses incurred and paid bytheworkers' compensation insurertotal $28,233.77. Plaintiffs request a furtherstipulation thatthe reasonable and necessary medical expenses paid by Highmark Blue Shield were $39,466.24. RESPECTFULLY SUBMITTED AMQTHONY STE I.D.#25497 407 North on P.O. Box 42827 Harrisburg, PA 17108-2027 (717)232-0511 DATE: Tj `~5 " ~> 13 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of PLAINTIFFS' PRETRIAL CONFERENCE MEMORANDUM, on the person listed below, at the address set forth, by First Class United States Mail: Joseph G. Muzic, Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 RESPECTFULLY SUBMITTED, RE I.D.#25 407 N ront Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE: ~1 ` ~~ c-~.U ~i s/zb/zoos Anthony Stefanon, Esq. _ Attorney at Law 407 N. From St. PO Box I2027 A ~ Harrisburg, PA I7I08-2027 V•~ Dear Atm. Stefanon: You asked me to review the medical records on Phillips v. Adams and provide an independent medical report. You asked For my opinion about the eaten[ of injuries caused by this accident, including aggravation of Mr. Phillips' preexisting condition. For purposes of my report, your office supplied copies of the following medical records: Albert J. Skocik, D.C.'s Chiropractic records Pre-aaident 5/24-9/8/99; Albert J. Skocik, D.C.'s Chiropractic records Post-accident 9/IO/99-5/IS/2000; Walter C. Peppelman, D.O., 5/3/2000-6/I4/2004; Lori Dunn, D.O., 5/25/2000-4/25/2003; Ernest J. Davis, D.O., 8/I9-9/23/2003; in patient chart from Community General Osteopathic Hospital admission, 7/Z2-7/28/2003; Independent Medical Examination by Balint Balog, M.D., 6/20/2003; updated report from Balint Balog, M.D, 3/ I4/2005; and Baihan Li, M.D. report Z/08/2005. From the medical remrds provided for my review, Gerald Phillips was injured in a motor vehicle accidem on 9/IO/I999. Gerald Phillips was driving when he waz stmrk from behind on the pazsenger side of his vehicle on 9/IO/I999. Mr. Phillips was examined by Albett Skocik, D.C., on the date of the accident. Albert Skocik, D.C.'s records document Mc Phillips complaints of neck and low back pain. Mr. Phillips waz examined for pain described az "dull pain and stifness' in his low back that started about 2 hours after the accident on 9/IO/I999. Mr. Phillips has a history of low back pain treated by Albert J. Skocik, D.C. and Mr. Phillips improved with this treatment until the date of his injury, 9/IO/I999. Walter Peppelman, Jr. D.O., Orthopedic Surgeon, examined Mr. Phillips on 5/3/2000. In his report, Dr. Peppehnan documents the mechanism of Mr. Phillips' accident, examined Mr. Phillips, reviewed x-rays and a MRI that documents spinal stenosis. Dr. Peppehnan's impression is aggravation of apre-existing spinal stenosis of Mr. Phillips' lumbar spine. Dc Peppelman prescribed a conservative course of treatment including medication and epidural blocks. Lori Dunn, D.O. performed the epidural blocks. Unfortunately, Mr. Phillips experienced discitis at L3-41eve1 and vertebral body osteomyelitis. Dr. Peppelman eventually performed surgery and treated Mr. Phillips spine infection with a good result. My conclusions are az follows. Any opinions I express are given within a reasonable ~~'~~~~,PI~x degree of medical certainty. »iLS Ila<k.~!. Lnnc Gerald Phillips waz s[mck from behind in a motor vehicle accidem on 9/IO/I999. ~-~xr,ishug, PA t'i,~.i Mc Phillips had a history of low bark pain [reared by Albert Skocik, D.C. and was improving -; -, a57 ~,.~„ prior to his accident. Dv Peppelman documents Mr. Phillips' MRI that showed spinal SC¢ROSLS. t;I,r;~td ~i,. [i:~aid%ll AJiC~. ,avgrmvq~, As a result of his accident, Mr. Phillips initially experienced dull pain and stiffness in his low back. In spite of Albert Skocik's care, Gerald Phillips' low back pain increazed in imensity and evolved into neurogenic claudication. Gerald Phillips' pain continued in spite of Chiropractic care and conservative [hempy prescribed by Dr. Peppelman. Epidural blocks were prescribed, inirially helped but failed. Mr. Phillips had to have surgery and continued antibiotic treatment for the infection. Medical sources for my review express their opinions tha[ the infection experienced by Gerald Phillips were spread through the blood stream. There is no medical evidence that supports this theory. There is no evidence that Mr. Phillips had an infection in other parts of his body tha[ would be a source for blood bom spread. There is no evidence of intravenous drug abuse (often a source of blood bom infeaion). I can only conclude that the infection of Mr. Phillip's spine was a complication of the epidural injections. Although Gerald Phillips had low back pain prior to his accident of9/IO/I999, he was improving. After his accident, Mr. Phillips experienced continued pain that required intensive aggressive medical treatment. If Gerald Phillips were not involved in his auto accident, he would have not had to have continued treatment by Albert Skocik, D.C. and would not have had to have treatment by Dr's Peppelman, Dunn, and Davis. It is my opinion that Gerald Phillips had spinal stenosis, his pain from this was improving but the accident was the "straw that broke the camel's back". Gerald Phillips' accident led to increased low back pain, neurogenic claudication and his accident caused an exacerbation of his spinal stenosis. Ix is my opinion that Gerald Phillips' medical treatment by Albert Skocik, D.C., Lori Dunn, D.O., Ernest Davis, D.O. and Walter Peppelman, D.O. were and are medically necessary as a resuk of the injuries. MnPhillips' accident caased an exacerbation of pain from spinal stenosis. Thank you for allowing me to participate m evaluating Garold Phillips' medical issues. If there are any questions that I have not addressed, please call. Sincerely: ~,G1~} ~~~~ SGV! ~° ~ Leland Patterson, M.D. lfp/er February 8, 2005 Anthony Stefanon, Esquire 407 North Frant Street Harrisburg, PA 17101 RE: Gerald Phillips Dear Tony: I have reviewed the documents that you sent to me. Those records include: (1) Office Records of Walter C. Peppelman, Jr., D.O. (05103!2000 to 06/14/04) (2) Office Records of Lori Dunn, D.O. (05!25/2000 to 04(25/03) (3) Office Records of Ernest J. Davis, Jr., D.O. (08/19/03 to 09/23/03) (4) Records of Community General Osteopathic Hospital (Admission 07/22/03 to 07128!03) To summarize, your client, Gerald Phillips, is a 68-year old gentleman who had an MVA on September 10, 1999. He then had severe low back pain and neurogenic claudication down hls lower extremities. MRI un March 15, 2000 revealed multiple level lumber disc bulges and congenital spinal stenosis. Although his low back pain could be a preexisting condition, the accident apparently exacerbate the majority of his symptoms. From May 25, 2000 through April 25, 2003, Dr. Dunn performed multiple epidural steroid injections on Mr. Phillips. Most of the epidural injections resulted in good pain relief; however, after the last of these injections, his back pain progressively became worse. Subsequent MRI on July 15, 2003 revealed extensive discitis at the L3-4 level, as well as vertebral body osteomyelitis. Mr. Phillips underwent spinal surgery on July 22, 2003 and had a long term IV antibiotic therapy. with a good outcome. You want to know whether the epidural steroid injections were a cause of the infection developed in Mr. Phillips' spine. This is possible, because infection is a known risk for epidural injections, and steroids can weaken human immune system and thus increase the risk for infection. ~~_~. Anthony Stefanon, Esquire February 8, 2005 Page TWO The problem is, however, the infection occurred at the L3-4 spine level, while the epidural injections were atthe L4-5 level, how could the injection cause the infection if they were not at the same Location? The answers are: 1, Dr. Dunn might actually have performed the injections at L3-4 level, not L4-5 level as she thought. I looked through her records and noticed that she did not, at any time, mention using X-Ray or fluro to identify the spine levels. She probably used anatomical landmarks to assess the levels, as many physicians do. However, Mr. Phillips is not a skinny patient. Ile was actually overweight. Weighing 200 Ib. (g1 kg) at a height of 5ft and 6 inches (167 cm) on July 22, 2003, thus his anatomical landmarks may not be easy to identify. Therefore, it is possible that the epidural injection site was at the L3-4 instead of L4-5 level. This is a common, usually aa;eptable error. Yau may ask Mr. Phillips whether X-Ray was used while treated by Dr. Dunn. 2. Even if Dr. Dunn is 100°fa sure that the injections were indeed at the L4-5 level, at one time (10/16102) her record showed that the injection was performed at the L3-4 level. If this were not a typo, this could be the time of bacterial seeding. It is known that it could take months for the infection to manifest. 3. The epidural space is a narrow space, and the injected volume (10 cC in this case) would spread to multiple levels and could bring bacteria to any of those levels. The lumbar epidural space is relatively large compared to other part of the spine, it takes about 3 cc for each level. At the thoracic spine, it takes about 2 cc for each level. The article you found from PubMed is a good case to support this point. (Yue WM, Tan SB, Distant skip level discitis and vertebral osteomyelitis after caudal epidural injection: a case report of a rare complicatton of epidural injections, Spine 2003 June 1; 28 (11 ).) I don't see any evidence that Dr. Dunn did a substandard job. Infection is a known risk for any invasive procedure. Invasive procedures include epidural injections. Every time we place an epidural catheter or do epidural injection we need to tell the patient that infection, bleeding and nerve injuries are potential risks, and patient need to sign a consent before we can proceed. Infection is a known but rare complication of epidural injection, no one can be 100% certain that epidural injection was the cause of infection in this case. Another ,~,,: Anthony Stefanon, Esquire February 8, 2005 Page Three possibility is "hematogenous" (as Dr. Peppelman suspected), meaning bacteria reached the infection site via blood flow. But since the patient received repeated epidural steroid injections and the infection was near the injection site, there is a reasonable degree of certainty to say that the injections caused or contributed to the infection. Very truly yours, ~l~ Baihan Li, M.D. Baihan Li, MS, MD, MD Current Work Address: Home Address: Department of Anesthesiology 1265 Stone Creek Drive Penn State Hershey Medical Center Hurrunelstown , PA 17036 Hershey, PA 17033 (717) 566-1849 CERTIFICATE & LICENSE Board Certificatign in Anesthesiology, American Boazd of Anesthesiology, Apri13Q 2004 Medical Physician and Sargeon License, Commonwhealth of Pennsylvania, Mazch 17, 2003 EDDCATION& DEGREES Maz. 1988 -Jan. 1990 MD, Ludwig-Maximilians University of Munich, Germany Sept. 1984 -July 1987 MS, Graduate School, Tongji Medical University; Wuhan; P.IZ.China Maz. 1978 -Dec. 1982 MD, Wuhan Medical College, Wuhan, P.R.China MEMBERSHIP ~, 1999 - American Society of Anesthesiologists. , „, 1999 - Pennsylvania Society of Anesthesiologists. . 20U2 - Society of Neurosurgical Anesthesia. and Critical.Caze 2005 - International Anesthesia Research Society 1992 - 1998 Society for Neuroscience EMPLOYMENT July 2003 -Present Clinical Instructor, Attending Anesthesiologist Dept. of Anesthesiology, Penn State Hershey Medical Center July 1999 -June 2003 Resident Physician, Dept. of Anesthesiology, Penn State Hershey Medical Center July 1995 -June 1999 Research Associate Department of Behavioral Science, College of Medicine, Pennsylvania State University, Hershey Nov. 1996 -June 1997 Research Associate Department of Surgery,. SUNY Health Science Center, Syracuse July 1991 -June 1995 Postdoctoral Fellow and Research Assistant Departmenf.of Psychology, University of Florida, Gainesville Jan. 1990 -June 1991 Postdoctoral Fellow Dept. of Physiology, Faculty of Medicine, Munich Univ., Germany Jan. 1983 -Feb. 1988 Instructor Dept. of Physiology, Tongji Medical Univ., Wuhan, P. R. China COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT REPORT REFERTO OVERLAY SHEETS \ REPORTABLE ~ NON - REPORTABLED ~_( "! it 1' %i ,es v PENNOOT USE ONLY PC7LlGE,.INFt~R~MATION ~~ ~- ACCIDENT LOCATION ~- - ~~ - 1. INCIDENT 1~~-19 20. COUNNTTY~/ CODE C ' b 'I 1 NUMBER I ail0 C.i Vn 2. AGENCY NAME kaM d~ TJUIMS III }?0 ~(CPi 21.M]Df NICIPAL/~ _ CODE - 'IQm d OW/1S'~7! ~J ' 3. STATION! 4. PATROL ~t PRINCIPAL ROADWAYINFORMATION PRECINCT ZONE 5. INVESTIGATOR BADGE p CJdMC3 McAnclr~ NUMBER a 22. ROUTE NO. OR STREET NAME G C U/CC,p 1e04~ 6. APPROVED BY BADGE 23. SPEED 24. TYPE 2~ d 25. ACCESS NUMBER LIMB o HIGHWAY CONTROL - 7.INVESTIGATION B.ARRIVAL 3 ~~ 0 ~ INTERSECTING ROAD: DATE 9-ro - TIME l / ACCIDENT 1IFORM?+TIC1N;" ~' ` `~" w .;,'. - zs. RolrrE No. oR arts ' ~ Q ~ < . ~ ,- ( STREE7 NAME j rr B f .OQ 9. ACCIDENT 10. DAY OF WEEK 27. SPEED 7~ 3 28.TYPE ~ 9. ACCESS ) DATE ~' !0 'y FC f a LIMB J HIGHWAY CONTROL / ,,.TIME OP / ~ ,z. NUMBER ~ IF NOT ATINTERSECTION: DAY l y~ rY. OF UNITS 13. # kILLEO 4.# INJURED ,5. PRIV. PROP. ~( ^ 30. CROSS STREET OR 6 ,~. ACCIDENT Y N ~1 SEGMENT MARKER i6. DID VEHICLE HAVE TG BE REMOVED FROM THE SCENE? 17. VEHICLE DAMAGE 0-NONE UNIT 1 Z 31. DIRECTION FROM SITE N S E W 32. DISTANCE FROM SITE FT. ML '~ ^ ' 33 DISTANCE WAS UNIT 1 UNIT 2 1-LIGHT . 2-MODERATE MEASURED ^_ ESTIMATED ^ ~ Y ~ N ^ Y ~ N ^ 3-SEVERE UNIT2 ® OCONSTRUCTION 35. TRAFFIC PRINCIPAL INTERSECTMG ~ ZONE L 18. ATE S O ^ ® 19. ~ ^ ~ DEVICE M S N R R Y PROPERTY Y N ~~~~' ~ ~ =~UN1T # 1 ~' ~ -~ ~ :~ t ~~ ~~~ ~~~ ~ ' ~': UNIT # ~s ~ ~ ..~:. ~ ~ ~~ - . . . .~ , , w-, 36. LEGALLY Y N PARKED?^ 37. REG. /~ PLATE QC-IK3«` 38. STATE F~ 36. LEGALLY Y N PARKED?^ 37. REG. PLATE 2ri ~$~t~s9 38. STATE F~ 39. PA TffLE OR T~~.W s.~9r~t~~~~or~~ 39. PA TITLE OR ~AF}FOFiaFA `117913it~9~3ie 40. OWNER Frc~ ~. A~dfr)S 40. OWNER 2 fL Cann rv~en CC. 41. OWNER c7 t AbORESS {(iO ULi IJ Ie OQtl 41. OWNER ADDRESS PO jjq (8Z2 ) QC ,~Of S 42. CITY, STATE &ZIPCODE ~4 $'Ji ~C ~ /7053 42. CffY, STATE &ZIPCOOE LIYYIJ y?e' FJ/ 1707/) 43. YEAR , 159 44. MAKE Cl,wrolcT' 43. YEAR 1495" 44. MA E Ford 45. MODEL-(NOT BODY TYPE) Van T"urc 46. INS. Irv Y Ld N^ UNK^ 45. MODEL-(NOT BOGY TYPE) ~/SQ X(,I 46. INS. N^ UNKC Y 47 ~~ 8 49) I 47 ~O ~ 49 TYPE USAGE O OWNERSHIP TYPE J USAGE C OWNERSHIP c,Z 50. iN(TIAL fMPAC7 5t. VEHICLE 52 TRAVEL q S~iNITIAL IMPA ~ 5t. VEHICLE 52 TRAVEL POINT I a. STATUS ~ SPEED 19 POINT STATUS ~ SPEED ,7s 5 G ~ 1 ~ 55 I 53~ I ~ 55 I RADIENT PRESE NCE CONDITION GRADIENT PRESENCE CON RION /~ 56. NUMBER Q ~ 3 s 3 ~(q vZ y 57. STApTA 56. NUMBER - I9 SG ((y O ? 57.PST~ATE 56. DRIVER ~1 NOME rCa GPfGK 11..1• A~UmS 58. DRIVER NAME Ge<al~ 7'a IGr 7°hlll S 59. DRIVER 6 ~ ADDRESS /~,(al~ ~'~~ ~ 59. DRIVER ` / ADDRESS ~ I ~ Z'J Pe /'TJ C r~ JQGGd 60. CITY, STATE &ZIPCODE ~ WIIIC ~ IZD.S.~ 60. CITY, STATE &ZIPCODE ~DN !lI J1 IZ'J!f I, 61. SEX 62. DATE OF 63. PHONE r11 ' ~~N' l2 61.5EjC~ 62. O 7 63. PHONE I, /Y ~ 3 .BIRTH , I I! - ~0 BIR H 64. COMM. VEH. '65.!DRIVER '~ 64. COMM. VEH. 65. DRIVER Y O N ~,' CLASS G Y O N ~" CLASS G 67. CARRIER 67. CARRIER 68. CARRIER 68. CARRIER AbORESS ADDRESS . 69. CITY, STATE 69. CffY, STATE 8 ZIPCODE 8 ZIPCODE 70. USDOT # ICC # PUC # 70. USDOT # ICC # PUC # i~. 72. VEH. 73 CARGO 74. GVWR 72. VEH. 73 CARGO 7q, GVWF2 CONFIG. ODY TYPE CONFIG. ODY TYPE 75. NO, OF 76. HAZ ARDOUS 77. RELEASE OF HAZMAT 75. NO.OF 76. HAZ ARDOUS 77. RELEASE OF HAZMAT •I AXLES MATERIALS Y ^ N ^UNK^ AXLES MATERIALS Y ^ N ^UNK^ ; AA-45 (7/98) 3 2 7 2 9 2 5 PAGE: r7 F .? PennDOT - BHSTE 78. RESPONDING EMS AGENCY a ~ W!^t~~~ Mb an GG ItVCIDENT#: /7,l-9`f i 79. MEDICAL FACILITY /J {q _ ACCIDENT DATE: ~- /p ~Q 80: EOpLE INFORMATION B C D E F G NAME j ADDRESS H I J K- L M 1 1 M ~7 3 I I o eraTor unri' ~- ~ y 9 7 ~ 0 4. 2 I M G3 3 a ~ 0 ua7br a rT '~2 H 9 S t3 O rl i i _ E (8~ ILLUMINATION ® 82 WEATHER ~ 83. ROAD SURFACE ~ 84. PEPJNSYLVANIA SCHOOL DISTRICT (IF APPLICABLE) N!~ 8 i cQFSevrEw . DIAGRAM (`A)oT10ScAZ6~ ~~ ( ~ a ` ~ ~ I ~- d 1J / 85. DESCRIPTION OF DAMAGED PROPERTY ~ T• Toll Nprwa 5 SRC Trr'es kn cxed down r. ~ /t1 m •Crpc~en _._____.. -__._... + ~/ A ~ ~ ~eSUMI'"~1~ ADDRESS 1 8 r mNmror Lazne C'G"IGa (CJ 6 Ur FR 0 Q r~ ' JYIbri'IO~Y L.N PHONE 87. NARRATIVE -IDENTIFY PRECIPITATING EVENT DETAILS. LIKE INSURANCE INFORMATION AN S, D V O '.LJ O CAUSATION FACTORS, SEQUENCE OF EVENTS, WRNESS STATEMENTS;~IdVD PROVIDE ADDITIONAL LOCATION OF TOWED VEHICLES, IF KNOWN. 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IN RANCE INFORMATION COMP Y Unrlel ~TTcs F/rv Z'ns ~ UNIT 7 POLICY MO 1'r~Eb~22~'99 UNIT 2 POLICY MO 13165` ass ! ea. NAME JCEF Ile a T _ ADDRESS PHONE LOCUST Ctrc% lvlech4nfu ur Zo WffNESSES NAME ADDRESS PHONE ~ i 89. VIOLATIONS INDICATED 90. SECTION NUMBERS (ONLY IF CHARGED) TC NTC UNIT1 STa s/ nJ 4nd Id 33.23 ~ Q j UNIT2 /Uonc ~ ~ ~. 91. PROBABLE USE UNIT 7 6 92, TYPE TEST Q 93. RESUL 0._ 91. PROBABLE O TEST REFUSE USE % ~ UNK UNIT 2 Q 92. TYPE TEST Q 93. RESULTS [~TJO TEST o ~ REF-USE Q._ _ /o O UNK 94.INVESI`IGATION COMPLETE 7 ~~ YES R1 NO ^ If~l ~ AA-a5 (7/98J 3 ~ ~ ~ ~ ~ ~ PAGE: e2 0 1•' ~ i'r.~tnDOT - (1HSTE COMMONWEALTH OF PENNSYLVANIA PAR CONTINUATION SHEET XX REKER TO OVERLAY SHEETS REPORTABLE NON-REPORTABLE ~ - PENHOOT USECNLY 1 (DENT ACCIDENT NUMBER I73'`!9 DATE 9-(0- 9 COUNTY ~( CODE MUCN'IOCIDE L !03 62 ERSON INFORMATION•USE OVERLAY#2'SHEET FOR CODES B C D E F G NAME ADDRESS H 1 J K L M 87. NARRATN ' Tn ~d t/an nave ~ rd ~eT c I t o e~e~TO< c~: r,IT ~ a carrot ~ be cent Wc~ of To h. rs IotoTi t, rnt7'ia(! Said kt hrrrr ~~~ no~rcoTe~ 1 T e cons dirven en Or:~ ~'r: a lid. ~%/c t~t~,,: ar~ Jha.7' nt'lavt fi C(!~!??:ut (!e ~ caxyewTe 'TJ F',ola, '11"c eio'ar o'aco ke lvzo 1eFT (°tv'.~.:$~nc ea- :~ ' n ~l1?a :rocd owa J e..d T rncsl rr ~1- o.rd 7'r ern fa (ort ~ ce^c~e: o arrn?!~ ~: d fla a ~ ' rrrkde a rr ki ~~ T a rc nul eck tz.~ c d w~: on :kts i.,rr+ 'xt '~seotit- ~irJ o iter rn c euT The sr n, aT wkrc[1 Time The a cra7or card 1?e ar' ~ ~- _ ~ s< it a ~~i.ic o•~d (+t cr>utd rtc7 scc unr7•~~ u~/n Hr<d mW(rcr ozt+cl ~. clrc~nT 1cK,a;+rrrk ~r~ u' .'urrT$d creme from. rs ' ~i-cs ';b~ic h.oios ate ~3rz, con . (?n T•~ T tucd b Ne~er,F ' a' ~ UrrT~%2 ~¢t T'oidad: ~~ : 2ocrdtr~lo: r c e !:t :*I ~,.*~' rnr~t,( o(oma e Td 71!¢ (zfT~iv+T7' wrr e/`a evU and d"CeonelCt . da~rvi :e 7ti rt: rr 'ar't' c~:cr and G.R. fcndU` s~: ~:~E: 89. DESCRIBE VIOLATIONS 90. SECTION NUMBERS (ONLY IF CHARGED ~ TC NTC UNITt UNIT2 ~£~p~nz: 91. ROBABLE "."~`:;' USE -u"" ' 'UNIT'1 92. TYPE TEST 93. ESULTS -~ ~"`~'~~~ 91. ROBABLE ~ NO TEST --"t.~~~'= 0 REFUSE =' -~~" USE ~._ % 0 UNK UNIT2 92. TYPE TEST 93. ESULTS 0 NO TEST Q REFUSE ~._ % ~ UNK 94. INVESTIGATION COMPLETE ? YES ~NO ~,+-vx, luaq PAGE: SlF3 CENTER FOH HIGHWAYSAFETY __ .-~ Thursday, August 25, 2005.jpg Thursday, August 25, 2005 (2).jpg Thursday, August 25, 2005 (3).jpg Thursday, August 25, 2005 (4).jpg Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, PA 17603 _ _ _ - _ (717) 299-3726 FAX (717) 299-1811 Email: jmuzic@nikolaushohenadel.com Attorney I.D. No: 55919 Attorney for Defendant Gerald T. Phillips and Portia Phillips vs. Frederick D. Adams 0 ;tECEI°JED AUG w 6 2005 ,^^ In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 01-4742 CIVIL JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM I. STATEMENT OF BASIC FACTS AS TO LIABILITY: Defendant will stipulate to liability of the accident only. II. STATEMENT OF DAMAGES: Not applicable as to Defendant III. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: Defendant disputes the medical damage claims of Plaintiff. IV. LEGAL ISSUES 1. Whether Plaintiff can plead and/or prove the workers' compensation lien that has been extinguished by payment of Defendant's liability carrier? 2. Is Plaintiff able to plead and/or prove medical bills that aze allegedly related to the motor vehicle accident? V. WITNESSES 1. Plaintiffs as on cross-examination. 2. Dr. Balint Balog, Orthopedic Institute of Pennsylvania. Dr. Balog has testified via deposition testimony regarding his examination of Plaintiff. 1 3. Defenda{~t reserves the right to supplement this list, if necessary, in a timely manner. 4. Defendant reserves the right to call any witnesses listed by Plaintiffs. VI. EXHIBITS Application for Treatment dated 5-24-99 (Dr. Skocik) 2. Itemized Statement (Dr. Skocik) 3. Initial Report dated 6-4-99 (Dr. Skocik) 4. Application for Treatment dated 9-10-99 (Dr. Skocik) 5. Progress Notes dated 9-8-99 (Dr. Skocik) 6. MRI report of the lumbar spine dated 3-15-2000 (Dr. Balog). 7. Letter from Dr. Walter Peppelman to Dr. Albert Skocik dated 5-3-2000 (Dr. Balog). 8. Dr. Balint Balog Curriculum Vitae 9. Dr. Balint Balog's independent medical examination report dated June 30, 2003 and supplemental report dated March 14, 2005. 10. Reserved 11. Reserved 12. Reserved 13. Reserved 14. Reserved 15. Reserved VII. STATUS OF SETTLEMENT NEGOTIATIONS Defendant offered fifteen thousand dollars ($15,000) Respectfully submitted, NIKOLAUS & HOHENADEL, LLP BY: Joseph . Muzic, Jr., Esquire Attorney for Defendant Date: August 25, 2005 CERTIFICATE OF SERVICE I, Denise M. Kreider, an employee with the law firm of Nikolaus & Hohenadel, LLP, hereby state that the within Pre-Trial Memorandum was sent by first-class mail, postage prepaid on the date set forth to the following: Anthony Stefanon, Esquire P.O. Box 12027 407 North Front Street Harrisburg, PA 17108-2027 NIKOLAUS & HOHENADEL, LLP Denise M. Kreider, Paralegal Date: ~ ~~ ~D IN TFIE COURT OF COMMON PLEAS ~R~#COUNTY, PENNSYLVANIA CUMBERLAND /~ No. ~/~ ~~~ ~~ru-e Civil Action - (x) Law ( ) Equity GERALD T. PHILLIPS and FREDERICK W. ADAMS PORTIA PHILLIPS, HIS WIFE 960 VALLEY ROAD Plaintiffs Marysville, PA 17053 113 Deerfield Road Camp Hill, PA 17011-8433 versus Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. 1 Writ of Summons shall be issued and forwarded to Anthony Stefanon, Esquire . ox d(17 Nnr1-h Frnnt Straal- Harrisbura, PA 17108-2027 Defendant(s) & Address(es) Name /Address /Telephone No. Date: ~~ 9-d~ ofAttorney _T WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: ~ _ /~~ ~~D/ by _ ~/i~„c ~. aS`O./ff ~~ Deputy ( )Check here if reverse is issued for additional information. Prothon. - 55 Supreme Court ID No. 25497 ~ ~~ ~~ ~~ ~ s ~~ \ _~ C~ I ^~ T = fl> 3. - (~ ~.-. -< t r G L.. ry ~C; <rGx _ C- ~. L° sn -~ ~S3 -~ :. .. ~ _ _ r>a~aw~ .r.=.orn.m. •:~^SS;e-- R'.~i. rm~'a~.:..x¢~#plFZ n:. ,, - ,. GERALD T. PHILLIPS and PORTIA PHILLIPS, his wife, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.Ol-4742 Civil FREDERICK W. ADAMS, Defendant JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE 1. The undersigned, is Frederick W. Adams, Jr., son of the Defendant named in this case Frederick W. Adams. 2. The undersigned, Frederick W. Adams, Jr., holds general power of attorney on behalf of the Defendant Frederick W. Adams. 3. Under the aforesaid general power of attorney, Frederick W. Adams, Jr., has the authority to accept service of the Writ of Summons issued in the above captioned matter on behalf of Frederick W. Adams. 4. The undersigned Frederir..k W. Adams, Jr.; does hereby accent service of the Writ of Summons issued in the above captioned matter. ~~ DERICK W. ADAMS, JR. DATE: ~ ~ 0 ~~ t-, ~, - _. J7 ~~= -3 __ f. i ~.I~.:- C. __,i__ ._.: ~__ 1 ° < : - . , _ ~~ G p~ Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 fax Attorney I.D. No: 55919 Attorney for Defendant GERALD T. PHQ,LII'S and, PORTIA PHILLIPS, Plaintiff v. FREDERICK W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 01-4742 CIVII. PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter my appearance on behalf of Defendant Frederick W. Adams in reference to the above matter. Respectfully Submitted: Joseph! Muzic, Jr., Esquire Attorney for Defendant Frederick W. Adams DATE: 9-ot~ O ~ c~ = cv - :~ _ ' 'i'; i-. p^~ ~, C ~' . t.; - ,. - _i _ '~~ ~' `y FN ^t SPAM. ,. iAx`.~~ ~'^'T~'' S ~+~:xJIST.iN'+~+K'ft~~.f=SF:~." Y' X113 ~(~I~~.~"ii w9 $ Joseph G. Muzic, 7r., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 fax Attorney LD. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and PORTIA PHILLIl'S, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. vs. FREDERICK W. ADAMS, Defendant NO. 01-4742 CIVIL CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the Praecipe for Rule to File Complaint, together with Rule dated October 12, 2001, upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Anthony Stefanon, Esquire P.O. Box 12027 407 North Front Street Harrisburg, PA 17108-2027 Date: t~I ~~, i p' NIKOLAUS HOHENADEL, LLP By: Joseph . Muzic, Esquire Attorney for Defendant 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 Attorney ID No.: 55919 a ~~ c _. ,; ;~ -oc~~ rnm n ~, z z; _-, -- . LL ' ' ; c~.~~ -~~= ~ y , , _i ~ i w -c, Z_.) ~~ FPf .. . .., e - .. -W'~&^gn~,r~wrv z ~a...:.. m_9 ~ »n u.-,wsv.xv_s.. ,~ ,~+..a~~a~~r .. .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS VS. NO. 014742 ADAMS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 05/22/02 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3729 G1 „ i~ ATTORNEY FOR DEFENDANT ~~ d l /~ INQIIIRISS SHOIILD 88 ADDRSSSSD TO: I\ MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi File #: M286485 J IN THE COURT OF COMMON PLEAS OF CUMEERLAND COUNTY PHILLIPS Vs. ADAMS No. 014742 TO: ANTHONY STEFANON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to .the subpoena. If no objection is made the subpoena may be served: Date: 05/01/02 JOSEPH G M[7ZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTORNEY FOR DEFENDANT INQIIIRILS SHODZD SS ADDR8SS8D TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 {215) 335-4907 By: Jacqueliae Ciarrocchi Enc(s): Copy of subpoena(s) Counsel-return card File #: M286485 - COM<+DD]WEALTEI OF PENNSYLVANIA OOUNPY OF CiA"1BERIA>•ID PHILLIPS Vs. File No. 014742 ADAMS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR OISOOVERY PURSUANT TO RULE 4009.22 DR WALTER PEPPELMAN,.805 SIR THOMAS CT; HARRISBIIRG PA 17109 TO: (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents q~Et~ing$,„ __ at _ _ ~g _____ MSDICAL LBGAL RBPR0DIICTI0NSo(~~ess4940 DISSTON ST., ., You may deliver or mail legible copies of the docunents or produce things requested h~ this .subpoena, `together. with the certificate of compliance, to the party making'thi< request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docments or things required by this subpoena within twenty (201 days after its service, the party serving thi:> subpoena may seek a court orde•- oonpelling you to crn,ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLgVING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: _ 2,12 N (2T7F.EN ST 17603 TELEPHONE: SUPREME OOURT ID ~ 215-335-3212 ATTORNEY FOR: M286485-01 os/o7 •/oz DATE: Seal of the Court BY THE OOURT: Prothono / erk, Civil Division _C ~.~~ Deputy (Eff. 7/97) PHILLIPS Vs. ADAMS ADDENDUM TO SUBPOENA No. 014742 CUSTODIAN OF RECORDS FOR: DR WALTER PEPPELMAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY .REPORTS, HISTORY NOTES, INDEX. CARDS AND ANY OTHER INFORMATION RELATING .TO-ANY EXAMINATION OR TREATMENT RENDERED TO:- NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby, certify that .a thorough search has been made and that no record of the following documents have been located {CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS./ XRAYS have been destroyed Date Aut orize signature or DR WALTER PEPPELMAN M286485-01 *** SIGN AND RETURN THIS PAGE *** CpNp+DNWEALTH OF PFSIDIuYIAANiA COUNTY OF C{JMBERI~1`ID PHILLIPS Vs. ADAMS File No. 014742 O&IGINAL %-RAYS RHQII8ST8D SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR ALBERT SKOCIK, 5500 ALLENTOWN RD, HARRISBDRG PA 17112 TO: Name of Person or Entity) - Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments o~~ing~ _ at _ ______ NBDICAL LBGAL HBPHODIICTIONB,(AS~ess340 DISSTON ST., PH ., You. may deliver or mail legible copies of the docunents or produce things requested h> this subpoena; together- with the. certificate of crnpliahce, to the party making thi< request at the address listed above. You-have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doaments or things required by this subpoena within twenty !20) days after its service, the party serving this, <subpoena may seek a court orde•• a:rtpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME; JOSEPH G MDZIC, ESQ PLTORE55: _ 21 2 N Q1TR .N T 17603 TELEPHONE: SUPREPE OOUFtT I'D ~ 215-335-3212 AT70RNEY FOR• DEFENDANT M286485-02 OS/dy /02 DATE: Seal of the Court BY THE OOl1R?: • ~ ~° Prothonot y Clerk, Civil Division _ ~7uEf.~...- Deputy (Eff. 7/9T) PHILLIPS Vs. ADAMS ADDENDUM TO S UBPOENA No. 014742 CUSTODIAN OF RECORDS FOR: DR ALBERT SKOCIK ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED Tq: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED PIIOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS-have been destroyed Date Aut orize signature for DR ALBERT SKOCIK CUMBERLAND M286485-02 *** SIGN AND RETURN THIS PAGE *** OpMNDNWEAi.TH OF pF2INSSCLVANIA OODNPY OF RR~FSUAl•ID PHILLIPS Vs. File No. 014742 ADAMS ORIGINAL %-RAYS RBQIIESTSD TO: SUBPOENA TO PRODUCE D(XXIMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 2601 N-THIRD ST; HARRISBURG PA 17110 L RECORDS DEPT Person or Ent -- Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docurients o~_tbing~ __ at POLYCLINIC MEDICAL L8(iAL FBPRODIICTIONSs(A~e'ss)940 DISSTON ST., PSI ., Pa~"`~--~ You. may- deliver or mail legible copies of the docunents or produce things requested h> this subpoena, together with' the- certificate of c«ipliance, to the party making this request at the address listed above. You have the right to seek in advance-the reasonable cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty 120) days after its service, the party serving this. subpoena may seek a court orde~- cxnpelling you to cam,ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ APDF2ESS: _ ~~ 2 N QIIF.EPi ST 17603 TELEPHONE: SUPREME OOIIRT ID # 215-335-3212 ATTORNEY FOR M286485-03 DEFENDANT O5/D 7./02 DATE: Seal of the Court BY /(THE (XXJRT: ltu~.i ~ ~l.n-~+4 ~ L,~' - Prothoratar /C k1~Civi1 Division ,1_n,_ Deputy (Eff. 7/97) PHILLIPS Vs. ADAMS ADDENDUM TO SUBPOENA No. 014742 CIISTODIAN OF RECORDS FOR: POLYCLINIC Any and all hospital records, including microfilm, microfiche emergency ,room reports, x-ray reports,. out-patient records physical therapy xecords, and any other. information pertaining to:. NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MRI FILMS AND CT SCANS ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE: I hereby certify that- a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ).RECORDS / XRAYS have been destroyed Date Aut orize signature for POLYCLINIC CIIMBERLAND M286485-03 *** SIGN AND RETURN THIS PAGE *** OONJHDNWIIei,Tfi OF PENNSYLVANIA OOUNTY OF (x1NIDERIAI'ID PHILLIPS Vs. File No. 014742 AAAMS ORIGINAL %-RAYS R$QO'ESTBD SUBPOENA TO PRODl1CE DOCtJf1ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 COMM GEN OSTEO HOSP, 4300 LQNDONDERRY RD, HARRISBURG PA 17109 T0: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ~E~ing _ at _ ____ MEDICAL LSGAL RgPRODIICTIONS,(~T~r,,,ess~40 DISSTON ST., PHILA., PA You may ,deliver or mail legible copies of the documents or produce things requested h~ this subpoena, together with the certificate- of oarpliance, to the party making thi: request- at the address listed above. You have the .right to seek in advance the reascrizble cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court orde-• compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FCI.LOWING PERSON: NAMIE: JOSEPH G MUZIC, ESQ ADDRESS: _ ~i ~ tJ ~rn::~'r 7603 TELEPHONE: SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M286485-04 os/a9/oz DATE:_ Seal of the Court BY THE COURT: ,~ , Prothonotaryk, Civil Division G) ~LDD~~ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA PHILLIPS Vs. NO. 014742 ADAMS CIISTODIAN OF RECORDS FOR: COMM GEN OSTEO HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports,.out-patient records physical therapy records, and any other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA __ DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MRI FILMS AND CT SCANS ALL FEES MUST BE APPROVED PRIOR TO RECORDS. BEING FORWARDED. RECORD Ct1STODiAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby- certify that .a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature or COMM GEN OSTEO HOSP CUMBERLAND M286485-04 * * * SIGN AND RETURN THIS PAGE OF PENNSYLVANIF. COUNPY OF CIIh')>3II2IA1•ID PHILLIPS Vs. File No. ADAMS 014742 ORIGINAL 8-RAYS R8QII8ST8D SUBPOENA TO PRODUCE DOCLMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 HERSHEY MED.CTR; 500 UNIVERSITY T0: ATTN: MEDICAL RECORDS DEPT. DR, HERSHEY PA 17033 (Name of Person or Ent - Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ~~in~~ _ at _ g~ 4 Ii~DICAL LBGAL RBPRODIICTIONS,(Address)940 DISST ., ., ----- You may deliver or mail legible copies of the documents or produce things requested t:~ this subpoena,- together with the certificate' of ccrrpliance, to the pa>••ty making.thie request at the. address listed above: You have the right to seek in advance the reasonable cost of preparing the copies or producing-the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. .ubpoena may seek a court orde~• o~rtpelling you to cortply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~; JOSEPH G MUZIC, ESQ ADDRESS: _ ~ i 2 N QjJF_:EN S'~' 17603 TELEPHONE: SUPREhE OOURT ID # 215-335-3 ATTORNEY FOR: DEFENDANT M286485-05 DATE: OS/b 7/02 Seal of the Court BY THE OOl1RT: (.~,~T.~ dC a air.-a t,,... Prothonot~a"ry/ k, Civil Division _ /' Deputy (Eff. 7/97) ADDENDUM ~'0 S UBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: HERSHEY MED CTR Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy-records, and-any other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA _ DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MRI FILMS AND CT SCANS ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERF.TO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or HERSHEY MED CTR M286485-OS *** SIGN AND RETURN THIS PAGE *** CONP~DNWFALTH OF PENNSYLVANIA COODTPSC OF Ct)M>3ERIAt`ID PHILLIPS Vs. . ADAMS File No. 014742 ORIGINAL %-RAYS RSQIIESTSD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR OISOOVERY PURSUANT TO RULE 4009.22 HOLY'SPIRIT HOSP, 503 N 21ST ST, CAMP HILL .PA 17011 TO: ATTN: MEDICAL RECORDS:'DEPT (Name of Person or Entity) - Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments o~,k~ngs,.;, _ at _ MEDICAL L86AL RBPR0DIICTI0NS,(Aiddress)940 DISST ., ., -~--- You may- deliver or mail legible copies of the doaments or produce things requestec'.!-~; this- subpoena, together -with- the certificate of ccrtpliance, to the-party making thi: request at -the address listeq above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (ZO) days after its service, the party serving. thi:> subpoena may seek a court orde•• cxmpelling you to c«„ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: pu,~; JOSEPH G MU2IC, ESQ PPORESS: 212 N ODEEN ST i>Af~F,a~S~~E~-17 6 0 3 TELEPHONE: 215 -~- SUPREME OOl1RT ID ~ ATTORNEY FOR: DE M286485-06 os/v7/o2 DATE: Seal of the Court BY THE OCURT: Prothoratar C erk, Civil Division r u.. Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records. physical therapy records, and-any. other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA _ DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MRI FZLMS AND CT SCANS ALL FEES ~IL)ST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS Date CUMBERLAND M286485-06 ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been. destroyed Aut orize signature or HOLY SPIRIT HOSP * * * SIGN AND RETURN THIS PAGE PHILLIPS Vs. ADAMS COtR+DNF7FALTEi OF PENNSYLVANIA OOUNTY OF CONIDERIArID File No. .014742 ORI®INAL %-RAYS RBQUSSTSD SUBPOENA TO PRODUCE DOCUh1ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HARRISBURG HO$P, 111 N.FRONT ST, HARRISBURG PA 17101 TO; ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) -- Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents ~J1'.1:ngA~~~'B""~$ri LVl.I - at NBDICAL LEGAL RBPRODIICTIONS.(Address~940 DISST . , . , F~---- You may deliver or mail legible copies of the docunents or produce things requested.h> this .subpoena, together wit!i the ,certificate of carpliance, to the-panty making thi; request at the address listed above. You have the right to seek in advance the rea:.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin, subpoena may seek a court orde•- ccnpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom; JOSEPH G MUZIC, ESQ ADDRESS: 212 N OUEEN ST °.~PA-176 0 3 TELEPHONE: 215-I~ SUPREhE COURT ID ~ ATTORNEY FOR: DEFENDANT BY THE OOURT: M286485-07 /n~ ~-~ /~ OS/d 9,/02 ~ ~ ~C.uitw ~. .r-,.w.~- ~,.._' - _ Prothonot~a y/ lark, Civil Division OATE• Seal of the fburt _ ~~ Deputy (Eff. 7/97) PHILLIPS Vs. ADAMS ADDENDUM TO S UBPOENA No. 014742 CUSTODIAN OF RECORDS FOR: HARRiS$URG HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records,-and any other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MRI FILMS AND CT SCANS ALL FEES MUST BE APPROVED .PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS Date CUMBERLAND M286485-07 ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Aut orize signature for HARRiSBURG HOSP *** SIGN AND RETURN THIS PAGE *** r7 r -~ ~ ~ ~5 7~ `. n, _ -' ~ r_„ '1 _y C`; r; ~; __ C_~ i_~~~7 a ~7 -~ (1i J ~ ~5,~ t __ _ _. rf~n+'.-,~n~ xGi:~ i ,was a-~az~s~=&v'~~m~tjr~~~l6GS_ uoT 1I~E COURT OF COMMON FLEAS OF CL~ERLAND COUNTY Y:ii lSiii PS vs. NO. 014742 nDAPSS C:ERIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PLnRSUA:`~'T TO RULE =4t!'39.22 ~.~ +x iYer6t'?llid:i LE.' tii ~~: G'l C:e Ui a subpoena{~; LvY uOC'ilTllet4t5 and things pursuant to Rule 4009.2'1. JOSEPH G MUZIC, ESQUIRE certifies that: ... A NOi,i\,F ~i: ~:z~;:enr: tc. ur,r:~a the Sµi;~:~arxafs) with a ccpy of the suY~noen.a~~) attac:neri *:heretn way m%~i.:~.rd or c~.e7.ivered to each party at least twenty.days _u`ri~r to the date on"which the subpoena{s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). irate: 02/27/03 L.~- J JOSEPH G i+:iI~;IC, nSQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3726 :1TTORNE° FOR DEFENTL':?LT3T INQIIIRIES SHOIILD 88 ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DI3"ETON STREET PHILAD~'LPF.I PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi ._ _._. ~, ,~~ 7N THE COURT OF COMl!'ION FI.Ei~S OF CUMBERLAND COUNTY PHILLIPS Vs. AbAM5 7^; ANTHONY STEFANON No. 014742 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCU~~IENTS AND THINGS FOR 3)ISCOVERY t URSU~BNT TO RULE ~i009.23 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Aate: 02/06/03 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTOFATEY FOR DEFENDANT INQIIIRIFsS SHO~1+D BE ADDRESSSD T0: - MEDICAL LEGAL REPRODUCTIONS.. INC. -4940 DISSTON STREET PriILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciararecchi ~nc(s); Copy of subpoena(sj Counsel return card File #: M295891 ,, _ _ -~ COPR~L~1Fi"~=-1+`~°P[~i f3ff::PY3~1$YLVAAITA Cl~Jt?~*~' i~t» `CUi~E'iFf21.AY~ PHILLIPS ~;i 014742 V S . 1 e NO. ~, ADAMS ' SUBPOENA YO f'ROOUCE" DOC~FIENTS ~ THINt3S FOR DISCOVERY ?URSUA-WT TO RULE 4009.22 i~5: v„~4LE~~' ASSOC5 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prcid~ice"the following docu~riEs or things:- __"_____ -'-"SEE-i~i#Eb~~"--- --------._. _ at' MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA (Address) You may deliver or mail legible copies of the documents or produce things requested b> this subpoena, together with the certificate of crnpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty !20) days after its service; the party serving 'thi:. subpoena may seek a court orde~- cxnpelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST ~ THE FCLLCWINO PERSON: N~; ~OSEPII MUZIC,- ESQ •,n~n`cs, `LANCASTER PA 17603 _ TFtFPHONE: (.215) 335-3212 51~REhE COURT I D # ATTORNEY FOR: DEFENDANT o2fr.~f~o3 DATE: _ Seal of the Court Br' T~ CXXA2T: J': l~ _,~ ~ of Prothoratary ! k, Civil Division _~-....9~ptx.. l ~ ..~'iitc-~x^' Deputy (Eff. 7/97) ~} b ADDENDU1t~ ~'n:'`"gl.~~'OENA PHILLIPS i7s . No. 014742 }AMS c'~.iST.:JI~T.A~7 OF RECORDS FOR: C(?WLEY ~iSSOC~.i ANY AND ALL OFFICE RECORDS, TNCLU'DING NO'PES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: - NAME: GERALD T-PHILLIPS ADDRESS: 113 DEERFTELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SS7~N:_ 172269647 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ l RECORTIS ARE AT'T'ACHED HERETO: I hereby certify as custodian of " records that', t:o t"he best-or my knowledge; informacaon and belief all documents or things above :nent~oned have been'producecl. [ ± NODO+CiIMT~~VTSAVAILABLE: I hereby ;:ei~_fy shat. a t.hc?,~ough search has been made anal that.na record of the f.ollowi~ng documents have been located (CHECK-THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECGRDS / XRiyi"S have beer, destroyed Da4:e Authorize signature fcr COWLEY ASSOCS C"'JMBERLAND M295891-01 '"** SiGN AND RETURN Ti-i1S PACE *** _ _ ~x, ~~x: . ~, CO[~R~DNWFAI.TH OF,, PFSIIdSYLVAN7A CCtD[t~'Y OF CUB PHILL"CPS ' VS. File No. ADAMS ' Oi4742 SUBPOENA TO PRODUCE CaXd'~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 OPEN MRI ~= (Namae of Person or Enti Within twenty (20} days after service of this subpoena, you are ordered by the court tc produce the fc~ll~.wing daunts or i;,ings: at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 - (Address) You may deliver or mail legible copies of the documents or produce things requested t.,, this subpoena, together wit!1 the certificate of crnpliance, to the party making this request at the address listed above. You have the right to seek in advance the reaonablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving 'thin, subpoena may seek a court orde.~ compelling you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE RE(dI~ST OF THE Ff~LOWiNQ PERSON: Np~; ~70SEPH MUZIC, ESO ADDRESS: ~--~~i~~-AN-P~-$T LANCASTER PA 17603 TELEPHONE: (215) 335-3212 SUPRE!°E OOl1RT 1 D #_ _ _ __ __ ATTORNEY FOR: DEFENDANT 8Y The CCURT: Prothoratary C1 k, Civil Division DATE: _ , - ' Seal of the (murt~~-_ ~~ .~~~~ hu _T. %1 ~ .rl/1>~ ~ - - Deputy (Eff. 7/97) .. a EIDDENDL'lif Ta ~~ iIBPOENA PHILLIPS Vs. 2do. 014742 ADAMS CUSTODIAN OF RECORDS FOR: OPEivIbiRl AN'Y AND ALL X-RAY FILMS, 'TNCLT7llTNG MRI ~1'_,l~i>. €~ER'i'AlYdlio'Li '1`Ci: IdANYE: GERALD T PHILLIPS ADISRESS: 113 DEERFIELD RD CAMP .HILL PA DATE DF BIRTH: 0706;36 SSAN: 172269647 OItIGSNAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN R~~^d4DSh_R,EATTACKEDHERETO: I hereby certify a~ custodian pf. records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced f 7 NO DOC77MENTS AVAILABLE: I hereby certify that a thorough search. has bean made and that no record of the following documents harfa been located (CHECK THE APPROPRIATE BOX): ( % RECORDS ( ) PATIENT BILLING )_ X-RAYS ( ) RECORDS % X1tH'I3 have been destroyed Date Authorized signature for OPEN MRI CUMBERT~AND M295891-02 * * * SIGN AND RETL3RN T3-145 9'.~GE ~ * _~ ~, cowga.T~ oe P>aursYLVaNrA ca~irx o>? ';rtlaarm PHILLIFS 014742 VS. r''i1C iv'o. ADAMS ' SUBPOENA TO PRA DONTS ~ THINGS FOR DISCOV€RY PURSUANT TO RULE 4.009.22 SUSQUEHANNA VAL SURGERY ~~>' _ _'-~ (Name of Person or Entity)- Within twenty (20) days after service of this subpoena, you are ordered by the court to u~oduce the follo~itig docents or nnirgs~ ._-----_...____~,~- ----- a1; MEDICAL LEGAL REPRODUCTIONS INC 4940 .~IS5TON ST PHILA PA (Address) You may deliver or mail legible copies of the documents or produce things requested ty this subpoena, together with the certificate of ccrrpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. !f you fail to produce the documents or things required by this subpoena within t~!enty (20) days after its service, th? party serving 'this, subpoena may seek a court orde• o!xrpelling you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE F~LtAVING PERSON: tygp~; JOSEPH MUZTC, ESQ ~~.. tee. .~ i 'inM:r. ADDRESS: -„_ ~,~, ~~z'Pd S~' LANCASTER PA 17603. __ ?'ELFPHONE: -^ (215) 335-3212 ~1~REP£ {X7tJRT iD # __ - AFTORNEY FOR: DEFEiQDAiJT 02/X3/03 DATE:_ Seal of the Court 1, ,/ ~/ Prothonotary/ er4~, Civil Division -~ _ ~ Deputy (Eff. 7/97) ~. PT-I I LL I PS Vs. ADAPTS ADDENDUM TO°''55TI~iPOENA ~:.. No. 014742 Cii§"I'ODIAiV i7E° RECORDS FOR: SUS(~iJ]~~IAiViVA `r~ZL 5L120ERi' At3Y AND ALL OFFICE RECORDS, INC;LUDINC, NOTtsS; CORRESPONDENCE, NIEPRORANDA, X-RAY REPORTS, HISTORY ?DOTES, Ik7;JEX CARDS AND ANY OTHER 1:'NFORMATION RELATING TO ANY EXAMINATION :)k T)2F.ATMENT ,RENDERED TO: NAME: ADDRESS: DATE OF BIRTH: SEAN: t>F~"BALI) T PHILI::I P> 113 DEERFIELD RD 07/06/36 172269647 CAMP ~iTT,7.. PA PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN i ~ ~REC~kRDS ARE ATTACHED HEIIET(': I '-^xcba certify. as custodian. of records that, to-the best of my knowledge, information and belief all documents or things "hove :v::vicned have beer_ rroduced. [ '; NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has Been made and that no record o= the following documents Have been located (CHECK THE APrROFRIATB isvn): t i RECORDS ~ I PATTEN~i B.TLI,T.AiG ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut~Tiori~ed signature for SUSQUEHAiWi A VAI, SURt3Ei2Y CUM?3ER.LAND M295891-03 **~` SiG1~1 A~vD 9~.l~lI~RIV ~hid~ F'At~E *** CON)[~1WEALTfi O$,PENNSYLVANIP. OOC~T!'Y OF `~'C1MP.F•f2IAND. PHILLIPS ' V5. file No. ADAMS ' t ' 014742 SUBP~NA 70 PRODJCE OOGiNTS t'~t THONt~S FOR DISOOVEkY PURSUANT Tc~ RULE 4009.22 DR ALBER~I.' SKOCIK (Name of Person or Entity) ~:~~<~. Within twenty (20) days after service of this subpoena, you are ordered by the caur•t to produce *_he fcliowing ~iocament~ or thir:t;s: W___----~'f'"u`LL_A`~latat~HP}3-~3Ia~.~ .; ,~:-;__......._.___ at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the documents or produce things requested t•y this subpoena,. together .with ..the certificate pf crnpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonably cost of preparing the copies or producing the things sought. If you Fail to produce the documents or things required by this subpoena within twenty !20) days after its serv'ce, the party serving this. subpoena may seek a court orde~ anpelling you to crnply with it. THiS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FC~.L~ING PERSON: N,4~.~; JOSEPH MUZIC, ESQ ADDRESS: _~, ~ TT @orr,oN ~ LANCASTER PA 17603 TELEPHONE: (~_5) 3~- .~ CREME OOURT iD # _ ATTORNEY FOR: DEFENDANT 02//.3•'/03 ®ATE: Seal of the Court _ Fem.::; , .; Prothonotary/1 ,Civil Division ~r~ `~9a.t E'w _~ , .,~ Deputy (Ef f . 7/97 ) ~ P AADE[VI3U~ T(,~,°'('x.Sx~I$'EOEIVA PHILLIPS i VS, AD•~N[S No. 014742 Cif.STODIAN i)F RECORDS ~'JR: DRS?°.BEk'SJK1.°~_T.~~ ANY AND ALL X-RAX FILMS, INCLUL'I:P7G MRI ;':i:_i/it',. F~~~iAIA7'•ING TCi: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFTEI:D .RP. CAM° ';I°.,L nA DI-~'SE ::F '~?3RTH: 0~/t15/36 - SEAN: 172269&47 -• :~ .: ~ na.~"~'1.^IFIs ]~=RAXS REQfTESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEIJ OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN i ] ~~{J~SAREATT.9CF~E13FpE~ic~: I ha~~-by cari-ify as cus9.odian ~sf rebords that, to the best of my knowledge, information and belief all documents or ~tiirigs above: mentio:~ed have been g~roduced. NOl~t)GIJMENTSAVAdLABLE: I iaereby uert:iy ti~at a tk:orougi~. .search has been made and that no record of the fcl7.owing documents have been located (CHECK THE APPROPRIATE BOX): RECORDS ( ) ?ATIEP7T BiLLIY3G ( ? X-RAXS ( ? 2ErORDS ,/ FR??vS have been destroyed - Date Aut orl~ed signai-iirQ ~o'r DR ALBERT S_°,OCIK ~TTMBERT,ANT? M295891-04 *** SIGN AND RETJR?~ ?'!~iS PAGE *k~ ~J _~' ~} i~ nor' c: ~ ~ ~ ' -- _ _ _ ~' '- , r= - __ i-" _ d S. ~ `3?i `'t "C :~ ~_ fSj .z3 ~?j ~"~ ....SIR. .zn%Y~.m rN+N*i!4n: ,_. 't~`^i.3+ ~.:..,~.-. .n;. ~,••'. v'a h?A.xirY'C', vJ~ . ftti,-?his-I N#W,9PVaR'~M ;~< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS Vs. NO. 014742 ADAMS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be se rved is identical to the subpoena(s) which is attache d to the Notice of Intent to Serve the Subpoena(s). Date: 07/17/03 ~..~ JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3726 ATTORNEY FOR DEFENDANT INQIIIRIBS SHOIILD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M300743 By: Jacqueline Ciarrocchi _,~. IN THE COURT OF COMMON ?P~.~~~l.S OF CUMBERLAND COUNTY PHILLIPS Vs. ADAMg No. 014742 T0: ANTHONY STEFANON, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 06/25/03 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTORNEY FOR DEFENDANT INQIIIRIBS S$OIILD 88 ADDR85S8D TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #= AS300743 ,~_~~_ ~r.TH o~-PENNSYLVADUA oovcrrsr or PHILLIPS Vs. ADAMS File No. __ ._0147 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CONCENTRA MED CTR, 4400 LEWIS RD STE G, HARRISBURG PA 17111 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are a^dered by the court to produce the following docunent5 o S~Pg~~C~~ __ at NBDICAL LL(~AL RSPRODIICTIONS(A~,~ss~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h~ this subpoena, together wit!z the certificate of cary~liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde:• cxnpelling you to cortply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: _~~ ~ ~T n~•T+ 17603 TELEPHONE: SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M300743-01 DATE: 3p arJ?)3 S al of the Court BY THE COURT: ;~ ~ ~~ a ,~ Protholratary/ 1 k, Civil Division / Deputy (Eff. 7/97) f ADDENDUM TO S UBPOENA PHILLIPS Vs. ADAMS No. 014742 CUSTODIAN OF RECORDS FOR: CONCENTRA MED CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTIFIED PHOTOCOPIES WII,L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents-or 'things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for CONCENTRA MED CTR CUMBERLAND M300743-01 *** SIGN AND RETURN THIS PAGE *** „_. ~~~ ~.,: COMMONWFAi,TH OF PENNSYLVANIP+ CODNTY OF ~(~UNtBERL?1t`ID PHILLIPS Vs. Fjle No, 014742 __ j ADAMS SUBPOENA TO PRODl1CE DOCU"£NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 COLONIAL PARK FAM PRACT, 4807 JONESTOWN RD STE 141, HARRISBURG PA 1710 fid: (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents orSg~T -- at _ ___ __ MEDICAL LEGAL REPRODIICTIONS(A~Ce~s~4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h~ this subpoena, together with the certificate of ccrtpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the dociments or things required by this subpoena within twenty (20) days after its service, the party serving 'thi:, subpoena may seek a court orde~• ccnpelling you to corfply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLU4ING PERSON: NA1~E: JOSEPH G MUZIC, ESQ ADDRESS: ~ 17603 TELEPHONE: SUPREPE OOURT 10 # 215-335-3212 ATTORNEY FOR M300743-02 DEFENDANT DATE : 3 Gil _ eal of he Court BY THE OOURT: Prothonotary/C er Civil Division Deputy (Eff. 7/97) p.,r- .., _.._. e ADDENDUM TO PHILLIPS Vs. ADAMS SUBPOENA No. 014742 CUSTODIAN of RECORDS FoR: COLONIAL PARK FAM PRAC1' ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ADDRESS: DATE OF BIRTH: SSANc GERALD T PHILLIPS 213 DEERFIELD RD 07/06/36 172269647 CAMP HILL PA PHOTOCOPIES WII.L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN L l RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things.above mentioned have been produced. t ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ). RECORDS / XRAYS have been destroyed Date Authorized signature for COLONIAL PARK FAM PRACT CUMBERLAND M300743-02 * * * SIGN AND RETURN THIS PAGE * * * ,,,. CpMNDNWEALTH OF PENNSYLVANlp. ODUNPSt OF CL]M1>3E~Al~ID PHILLIPS Vs. File No. ADAMS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TIG INS, PO BOX 25475, LEHIGH VALLEY PA 18002 Tb: ATTN MELISSA TRIMMER X7704 (Name of Person or Entity) 014742 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docxtnents ors}hing~fi~~~ _____ MHDICAL LHGAL RTsPR0DIICTIONS(AcTOreSs}4940 DISSTON ST., PSILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request _at the address listed above. You have the right to seek in advance the reasonable east of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi:~ subpoena may seek a court orde+• cxxnpelling you to cartply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: o 17603 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: M300743-03 DEFENDANT BATE • LL 1:~, ~-012.3 S 1 of the Court BY THE COURT: _. \J~l~r.~ ~ ~ l 07'x.9 ~ ~..% _. Pro~t~ho~rat~ary/ Civil Division (Eff. 7%97} PHILLIPS Vs. ADAMS ADDENDUM TO S UBPOENA No: 014742 CUSTODIAN OF RECORDS FOR: TIGIN5 ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CLAIM #A99187221 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN -COMPLETE AND RETURN C ~ RECORDS ARE ATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentiened.have been. produced. C l ND DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( 1 RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or TIG INS CUMBERLAND M300743-03 *** SIGN AND RETURN THIS PAGE *** COZR+DNWFALTH OF PENNSYLVANTF. COUNTY OF (LAPID PHILLIPS Vs. Files No. ADAMS 014742 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ARLINGTON GROUP, 805 SIR THOMAS CT, PA 17109 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments orsg~.,r,T,~~~~ -_ at _ MEDICAL LEGAL RSPRODIICTIONS(A~r~~s~940 DISSTON ST., PBILA., PA You may deliver or mail legible copies of the documents or produce things requested h> this subpoena, together wit!1 the certificate of crnpliance, to the party making this request at the address listed above. You have the right to seek in advance the tees>onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi:, subpoena may seek a court orde+• canpelling you to camiply with it. - THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: _~~, ~ r, n G•r 17603 TELEPHONE: SUPREME COURT ID # 215-335-3212 _ ATTORNEY FOR:--- DEFENDANT -- BY THE COURT: M300.943-04 DATE: S al of the Court ~,.~.~ ~iMa~ ~. Prothonotary erk, Civil Division ~~. ~ ~ ®~, Deputy (Eff. 7/97) ADDENDUM T() S UBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: ARLINGTON GROUP .ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. I ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ARLINGTON GROUP CUMBERLAND M300743-04 *** SIGN AND RETURN THIS PAGE *** PHILLIPS Vs. ADAMS File No. 014742 SUBPOENA TO PRODUCE DOCUMENTS OR THINC9S FOR DISCOVERY PURSUANT TO RULE 4009.22 DR PETER SCHATZBERG, 1308 MACDADE BLVD, FOLSOM PA 19033 TO: CpI~WEALTH OF PFSII~ISYLVANTA OOO)•TPY OF COMBERIAI~ID (Name of Person or Entity) Within twenty (20) days after service of this subpoena; you are ordered by the court to produce the following doa.ments ors~~~, `_ 8t MEDICAL LEGAL REPRODIICTIONS(A,f~~s~940 DISSTON ST., PBILA., PA You may deliver or mail legible copies of the documents or produce things requested ti~ this subpoena, together with the certificate of ccrtpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty t20) days after its service, the party serving thi:~ subpoena may seek a court orde.~ cxxrpelling you to oonply with it. 'PHIS SUBPOENA WAS ISSUED AT THE REQI~ST OF THE FOLLOWINC3 PERSON: JOSEPH G MUZIC, ESQ ADDRESS: ~ 176-03 TELEPHONE: SUPREhE COUi2T ID ~ 215-335-3212 ATTORNEY FOR: --- M300743-05 DEFENDANT DATE: S al of the c BY THE COURT: Prothonotary/ 1 k, CeF~ lull Division Deputy (Eff. 7/97) PHILLIPS Vs. ADAMS ADDENDUM TO S UBPOENA No. 014742 CUSTODIAN OF RECORDS FOR: DR PETER SCHATZBERG ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO,ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief alI documents or things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for DR PETER SCHATZBERG CUMBERLAND M300743-OS *** SIGN AND RETURN THIS PAGE *** r~ i ?; P'-. ~'i:~-~ Cn,.^, ~. r-( _ :.rt 7 ~~ a_ _ _ann~~se r-~%~s.'vzett+W~usa"5~°m, e=ve , , r ,...~.. rnrs „. r z V~ ~~~3 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS Vs. NO. 014742 ADAMS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A Notice of Intent to Serve the the subpoena(s) attached theret each party at least twenty days the subpoena(s) is sought to be 2. A copy of the Notice of Intent, subpoena(s) is attached to this Subpoena(s) with a copy of ~ was mailed or delivered to prior to the date on which served, including the proposed certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 09/22/04 ~~ JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3726 ATTORNEY FOR DEFENDANT INQUYRIES SHOIILD B8 ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M314202 By: Patrice Laporte +Y~ C IN'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS Vs. ADAkyg ~ No. 014742 TO: ANTHONY STEFANON, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 08/31/04 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTORNEY FOR DEFENDANT YNQUIRISS SAOIILD 88 ADDR8SS8D TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Patrice Laporte Enc(s): Copy of subpoena(s) Counsel return card File #: M314202 COMNDNWFALTH OF PII~IIZSYLVADtI'A ODOD7PY OF (ZR~LAL'ID PHILLIPS Vs. ADAMS File No. 014742 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TIG INS, PO BOX 25475, LEHIGH VALLEY PA 18002 TO: ATTN: MELISSA TRIMMER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:. SEE A -- at MEDICAL LEGAL REPR0DIICTI0NS,(A~~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h~ this subpoena, together with the certificate of crnpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onabl~ cost of preoaring the copies or Rroducing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this, <subpoena may seek a court orde:• cxnpetling you to cutely with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: _,~ TELEPHONE: LAN 17603 SUPREME OOUI2T ID # 215-335-3212 ATTORNEY FOR DEFENDANT M314202-01 BY THE 0Ol1FtT: ~~~/t Prothonotary/C-laic, i v t 1 v i s i on DATE: ~~ ~ . Seal of the Court Deputy (Eff. 7/97) PHILLIPS Vs. ADAMS ADDENDUM TO SUBPOENA No. 014742 CUSTODIAN OF RECORDS FOR: TIG INS ALL INSURANCE/WORKERS COMPENSATION RECORDS FROM 6/1/03 TO THE PRESENT DATE. CLAIM #A99187221 PERTAINING TO: NAME: GERALD PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTII~'IED PHOTOCOPIES WII.L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD Cl1STODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORD5 ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orized signature for TIG INS CUMBERLAND M314202-01 *** SIGN AND RETURN THIS PAGE *** C) +1i c~ T, .=- ~ r, 'r% ~ ~~ r•1 '~~ f't7.`~l d -~ _' ~`J `l -f r , y_ ~, , c J ,.c. ~.-_ ,,. ~ ~ T C~.S ~fy~~':r"s e F-3 ,^~ ^~.C :yl ~s ,_ ~ ~ i Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Qneen Street Lancaster, PA 17603 (717) 299-3726 Attorney I.D. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and IN THE COURT OF COMMON PLEAS PORTIA PHILLIPS, OF CUMBERLAND COUNTY, PENNA. Plaintiff CIVIL ACTION -LAW vs. No. 01-4742 FREDERICK W. ADAMS, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Gerald T. Phillips and Portia Phillips c/o Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE UPON YOU OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. NIKOLAUS & HOHENADEL, LLP i ~~ Joseph 'Muzic, Jr., Esquire Attor ey for Defendant DATE: ~ ~~ ~ r ~~ Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 fax Attorney LD. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and PORTIA PHILLIPS, Plaintiff vs. FREDERICK W. ADAMS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW No. 01-4742 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT 1. Admitted. 2. Admitted as to place of resident at the time of the motor vehicle accident. Defendant died on or about December 17, 2002. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Defendant failed to stop for the aforementioned stop sign. As for the direct point of impact, Defendant does not have sufficient knowledge; however, Defendant admits that a collision occurred with Plaintiff's vehicle. 8. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 9. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 10. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 11. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 12. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 13. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 14. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 15. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 16. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 17. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 18. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 19. Denied. Said averment contains legal conclusions to which no responsive pleading is required. WHEREFORE, Defendant requests this Honorable Court to enter judgment in his favor and against Plaintiffs. NEW MATTER 20. Paragraphs 1 through 19 are incorporated herein by reference as if fully set forth herein. 21. Plaintiffs may have failed to state a cause of action. 22. Plaintiffs may haue violated the applicable statute of limitations. 23. Plaintiffs may have been comparatively negligent. 24. Plaintiffs may have assumed the risk. 25. Answering Defendant was not negligent. 26. The damages claimed by Plaintiffs maybe limited in scope pursuant to the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701 et. seq. 27. Plaintiffs maybe subject to the "limited-tort" provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701 et. seq. 28. The injuries and damages claimed by Plaintiffs may haue been caused by parties other than answering Defendant. 29. Plaintiffs may have failed to mitigate their damages. 30. Defendant's alleged actions and/or omissions were not a substantial factor in causing Plaintiffs' alleged injuries and damages. 31. The injuries claimed by Plaintiffs may have pre-existed the date of Plaintiff s alleged cause of action. WHEREFORE, Defendant requests this Honorable Court to enter judgment in her favor and against Plaintiff. NIKOLAUS & HOHENADEL Date: a'I1' ~~J By: Joseph G. M , Jr., Esquire Attorney for efendant VERIFICATION I, Joseph G. Muzic, Jr., Esquire, hereby verify that I am the attorney for Frederick W. Adams in this action and verify that the statements contained in the foregoing document, Answer and New Matter of Defendant, are true and correct to the best of my knowledge, information and belief. I acknowledge that if I knowingly made false statements in this document I would be subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. This Verification is necessary because the verification of Defendant cannot be obtained within the time allowed for filing the pleading. NIKOLAUS & HO~EhIADEL, LLP Date: oZ ' ~ ~ -U:S~ . Muzic, Jr., Esquire for Defendant IM CERTIFICATE OF SERVICE I hereby certify that the within Answer and New Matter of Defendant was sent by first- class mail, postage prepaid on the date set forth to the following: Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 Date:. r~'I~' ~~ By: NIKOLAUS & HOHENADEL, LLP Joseph G. M Attorney for ., Esquire ,, ~ :'' ~:-, ,~ . ; ... +`,7 ---- - _ ~. ! r . i __ 1r1 ,1 _." <i ~r~~; ~J' ~' @, ANTHONY STEFANON, ESQUIRE I.D.#25497 407 North Front Street P,O. Box 12027 Harrisburg, PA 17108-2027 Attorney for Plaintiffs GERALD T. PHILLIPS and PORTIA PHILLIPS, Plaintiffs vs. FREDERICK W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4742 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 20. This paragraph contains no averments of fact to which Plaintiffs' may respond. 21. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 22. Denied. To the contrary, Plaintiffs' claims have been filed within the time period permitted by all applicable statutes of limitations. The cause of actioh arose on September 10, 1999. The case was commenced by filing a Praecipe for Writ of Summons on August 10, 2001. The Writ was served on August 28, 2001. 23. Denied. Plaintiffs specifically deny any causal negligence on the part of Plaintiffs. 24. Denied. Plaintiffs specifically deny any voluntary assumption of any known risk whatsoever. 25. Denied. Denied. To the contrary, Defendant's negligence caused the injuries and damages suffered by Plaintiffs as set forth in Plaintiffs' Complaint. 26. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 27. Denied. To the contrary, at the time of the collision involved in this case, Plaintiffs were covered by an automobile policy No. 103-26-26 issued by AIU Insurance Company, which policy provided for full tort coverage under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 28. Denied. To the contrary, the injuries and damages suffered by Plaintiffs were caused by the acts and omissions of Defendant as set forth in Plaintiffs' Complaint. 29. Denied. To the contrary, the injuries and damages suffered by Plaintiff were caused by the acts and omissions of Defendant as set forth in Plaintiffs' Complaint. By way offurtheranswer, the averments ofthis paragraph are conclusions of law not requiring answer by Plaintiffs. 30. Denied. To the contrary, the injuries and damages suffered by Plaintiffs were caused by the acts and omissions of Defendant as set forth in Plaintiffs' Complaint. 31. Denied. To the contrary the injuries and damages claimed by Plaintiffs were caused by the acts and omissions of Defendant as set forth in Plaintiffs' Complaint. WHEREFORE, Plaintiff demands judgment in accordance with the prayer for relief set forth in their Complaint. RESPECTFULLY SUBMITTED By: UIRE I.D.#254 407 Nort t Str et P.O. Box 12027 Harrisburg, PA 17108-2027 (717)232-0511 DATE: "" We.. CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of the PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, on the person listed below, at the address set forth, by First Class United States Mail: Joseph G. Muzic, Jr., ESQUIRE NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 R By I.D.#25497 407 North ro Stre t P.O. Box 1 7 Harrisburg, PA 17108-2027 (717) 232-0511 IRE DATE: 3 " 2 -?,06~ VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing PLA{NTIFFS' REPLY TO NEW MATTER OF DEFENDANT, are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Gerald T. Philli Date: .~ Z O..ST C ; ~ C Gn ~ :! ~ ~ - ~ ~ r '- ~~ _ati - ~' ': z,. ;:~ ~ ~? ~g~ Joseph G. Muzic, Jr., Esquire ~' /~J,W' NIKOLAUS & HOHENADEL, L.L.P. vvv~~~"' 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 FAX (717) 299-1811 Email: jmuzic@nikolaushohenadel.com Attorney I.D. No: 55919 Attorney for Defendant Gerald T. Phillips and Portia Phillips vs. Frederick D. Adams TO THE PROTHONOTARY: In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 01-4742 CIVII. JURY TRIAL DEMANDED NOTICE OF DEATH The death of Frederick D. Adams, a party to the above action, during the pendency of this action is noted upon the record, as evidenced by the attached Certificate of Death. It is further stated that Frederick W. Adams, Jr., is substituted as Personal Representative of decedent Frederick D. Adams, as evidenced by the attached Certificate of Grant of Letter Testamentary. 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M' I'v£Y 5 kY s o .r n i l1 ~ ~~ -• ~ ~ . .r ..Ea .. W..n..u~ ~.k, !ul ~. R'.4 ..a t2kF +hN'A v aryF : "I±F •-- ~•- 3 ~_.___.. « . . ~._R. _.,e a a^.s .--.'J?:_. .04.a-+CH Srvss:a c.:~de. -.:...a4:ur n,r.« c r -...- ..... ~ >m x• u'413~^v'L- C _ - II.YY'e :l ^F.-'. ~ ..1V.=0L_EO rvJ`: 9` Va _ .r..e: _ ..rte WJEEOT.•N-a~'S~.s-m e-a'Y1~.sxxb.r¢n`i3~'.Pid-cvf+U~'dm:Y:e `!.mi^r ]' ~. u -~ . 'r i.-1 SC~ ~ S1 . ~~i `Y! fn.O Y'I Ml:4u :. ni JlE4$f trMO£9 "ic: 4 .. ' !v ' s:. ~,.m+. t '~7'^ '~svc /a.3f ~- J-(' v -~ /<` l~ 19s`, '~i-dtt~r ~f . 4 , ..~ , . esr.ee s. ., . (k _ - / . - J ~~ ) ~' Register of Wills of Dauphin County, Pennsylvania Certificate of Grant of Letters Testamentary No. 1003-2002 Estate of FREDERICK W. ADAMS Whereas, on the 23RD day of DECEMBER, 2002 instrument(s) dated Social Security No. 181 10 0361. JULY 28, 2000 was (were) admitted to probate as the last will of FREDERICK W. ADAMS late of DERRY TOWNSHIP and o0pp who died on the 17TH day of DECEMBER, 2002 Whereas, a true copy of the will as probated is annexed hereto. Therefore, I, Jane D. bfarfizo , Register of Wills in and for the County of Dauphin, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters Testamentary to FREDERICK W. ADAMS, JR. who has duly qualified as Personal Representative(s) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at Dauphin County Court House, Harrisburg, Pennsylvania. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my Office on the 23RD day of DECEMBER, 2002 Deputy Register of Wills ,~ CERTIFICATE OF SERVICE I, Denise M. Kreider, an employee with the law firm of Nikolaus & Hohenadel, LLP, hereby state that the within Notice of Death was sent by first-class mail, postage prepaid on the date set forth to the following: Anthony Stefanon, Esquire P.O. Box 12027 407 North Front Street Harrisburg, PA 17108-2027 NIKOLAUS & HOHENADEL, LLP BY: ~~ C L C7:Z°~ Denise M. Kreider Paralegal Date: ~~~~ ~ ~-~ ~, ~, _- t.._, ,_ ~ ~, ~~, _„ -= :. , : ' _~ r; - ~._ - ~=; ~ ,,:~ ~ _ , . ~,,: _~ ~ ~.~~ - - .. ` t., ~.a ~' s r Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, PA 17603 (717)299-3726 (717)299-1811 fax jmuzic@nikolaushohenadel.com Attorney LD. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and PORTIA PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CNIL ACTION -LAW vs. FREDERICK W. ADAMS, Defendant No. 01-4742 JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION TO THE PROTHONOTARY: Please substitute the attached Verification to the Answer and New Matter of Defendant in the above referenced case. NIKOLAUS & HOHENADEL _, Date: ~' 3 I " ty~r- By: Joseph G.~~ t~~ , Jr., Esquire Attorney fet'Defendant No. 01-4742 VERIFICATION 1, Frederick W. Adams, Jr., hereby verify that I am the personal representative of decedent Frederick W. Adams in this action and verify that the statements contained in the foregoing document, Answer and New Matter of Defendant, are true and correct to the best of my knowledge, information and belief. I acknowledge that if I knowingly made false statements in this document I would be subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. F edenc .Adams, Jr. Date: '? Z ~ ~ 4 No. 01-4742 CERTIFICATE OF SERVICE 1 hereby certify that the foregoing Praecipe for Substitution was sent by first-class mail, postage prepaid on the date set forth to the following: Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 NIKOLAUS & Jr., Esquire Date: ~'~I -b~ >'-J Z'; rjj 'ii .~. __ i~~{~. __ --- l ` , I' S ~ ~.~1 q: PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAAID COUNTY Please list the following case: (Check one) (x ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Gerald T. Phillips and Portia Phillips, Plaintiffs ( ) Appeal from Arbitration (other) vs. (Plaintiff) Frederick W. Adams The trial list will be called on and August 23, 2005 Trials commence on September 19, 2005 vs. (Defendant) Pretrials will beheld on August31, 2005 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shal provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No• 01 -4742 Civil (xx) Civil Action - Law 19 Indicate the attorney who will try case for the party who files this praecipe: Anthony Stefanon, Esq., 407 North Front St., Harrisburg, PA 17101 Indicate trial wunsel for other parties if known: Joseph G. Muzic, Esquire, 212 North Queen Street, Lancaster, PA 17603 This rase is ready for trial. Signed: ~~ Print Name: Date: l0' ~~' ZGY~cS Stefanon Attorney for: Plaitiffs c7 c_- w ~ ~. rti `~ ~7 ~ .f U, >_. - ~ m -~ O U ;.., C~~ :r •. a ~~ c.~ ~ ~ •-c, ~9~ c$~ -- -- - ~s~.f ~ ma-r :~ r ~~~~.~ 15 Gerald T. Phillips and Portia Phillips, his wife v. Frederick W. Adams IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4742 CIVIL TERM ORDER OF COURT AND NOW, June 21, 2005, by agreement of counsel, the above captioned case is continued from the July 18, 2005 trial term. Counsel is directed to relist the case when ready. By the Court, or E. Hoffer, P.J. Anthony Stefanon, Esquire For the Plaintiff ~eph G. Muzic, Esquire y For the Defendant vZrourt Administrator~QOx J~ ~`1 /v'' ~: -- -~ `=a ~a~ ~ - _; v ~ ~ _ r ~. ~~f, ~~~ ~~__ ~ ~ :.u - ~i.J =':. - '~ ice, ~ ~ ~-`x'J+ J ~ © ~.) ~~ ~~ ~~,~ ~ ~ . GERALD T. PHILLIPS and PORTIA PHILLIPS, his wife, Plaintiffs vs. FREDERICK W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4742 CIVIL JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held August 31, 2005, were Anthony Stefanon, Esquire, attorney for the plaintiffs, and Joseph G. Muzic, Jr., Esquire, attorney for the defendant. This case arises from a motor vehicle accident which occurred on September 10, 1999. The defendant approached an intersection which was controlled by a stop sign whereupon the defendant failed to stop for the stop sign and crashed into the side of the motor vehicle being operated by the plaintiff, Gerald T. Phillips. Mr. Phillips was in the course of his employment at the time of the accident which creates a significant question in this case as to whether he can plead and/or prove his medical expenses which might otherwise be payable by Worker's Compensation. This issue will require a ruling by the trial judge. In the event that there remains a doubt concerning this issue, the entire matter should go to the jury. With proper itemization of the verdict slip, this issue can also be addressed post-trial. Counsel have agreed to stipulate to the authenticity of medical records. Counsel will also stipulate to the amount of medical expenses though the defendant will have a continuing objection to the medical expenses on the grounds of relevance. This otherwise uncomplicated trial should be of no more than two days' duration. The d ~.. rte. usual number of juror challenges will pertain. ~' August 31, 2005 Anthony Stefanon, Esquire For the Plaintiffs Joseph G. Muzic, Jr., Esquire For the Defendant Court Administrator :rlm ~~ ~ ~T~ Kevin A ess, J. - -- ~- `.~ u~ ~ - - '~ eC Y . - c"1 ~ O f~ ~ ~ ./J '}. ''LiJ S '' u-z r- ~ ~z 'u ~~; ~ "' :.s `~ U - ~~ ~~ .~, ANTHONY STEFANON, ESQUIRE I.D.#25497 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 Attorney for Plaintiffs GERALD T. PHILLIPS and PORTIA PNILLI~S, Pla"intiffs vs. FREDERICK W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAiyD COUNTY; PENNSYLVANIA No. 01-4742 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT & DISCONTINUANCE TO THE PROTHONOTARY: Mark the above-captioned matter settled and discontinued. Y SUBMITTED, I. D,#25497 407 North~# P.O. Bo 1: Harrisburg, PA 17108-2027 (717) 232-0511 DATE: 7 ~ ~ / -~ CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of PRAECiPE FOR SETTLEMENT & DISCONTINUANCE, on the person listed below, at the address set forth, by First Class United States Mail: Joseph G. Muzic, Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 Date: /" 29'" Q~ P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 ~~= ~. ~~ '~5 ' -i :_i . _.•. -SIT ~ ~ ~ `~ T . 1 _,_ ' 'CJ C N _ . r_. __ N :4 C ~'SX ~ y~~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check pne) (~) 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) ~fi~QL~ Ti ~~~~(QS ~,,/~ (X) Civil Action - Law I~Q~ZTIfl (~-I l LCl ~j ~ S w~Y'C. ( ) Appeal from Arbitration ( ) (other) vs. (Plaintiff) f R4 `p42 c~ ~ ~V, ~4 DDS vs. The trial list will be called on (y'^2~"zG ana Trials commence on 7 ^ ~yj 2~ (Defendant) Pretrials will beheld on ~ ^ 2~ ~~~ (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) ~~ ,~ 17~7~{z No. Civil 19 Indicate the attorney who will try case for the party who files this praecipe: Indicate trial counsel for other parties if known: This case is ready for trial. Signed: Print Name: Yt/ Date: Attorney for: ~~fq~y'rjR ~~ t .~ ~> r ~' ~ .J r- Pr ~ y Po ._„ V ]~ -S ~f' '~ e CR: 6~~ F _ .. ... .. ... m . , axas~ew:v~~iua p-..,., .:w:..~e uS°a.s+Fax:*m~'rv.re _ =vsf+~n. ...