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Home My WebLink About99-03248. i THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 12 East Market Street P.O. Box 1172 Bethlehem, PA 18016 (610) 868-1676 Attorneys for Defendant: Capital Blue Cross IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CHRISTOPHER M. NOLL and NO. 99-3248-CIVIL ANTHONY STEFANON, Executor of the Estate of Timothy L. Noll, Deceased, Plaintiffs, v. CAPITAL BLUE CROSS and PENNSYLVANIA BLUE SHIELD, JURY TRIAL DEMANDED BY Defendants. JURY OF TWELVE PERSONS NOTICE TO PLEAD TO: Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days or a default may be entered against you. THOMAS, Tq MAS 6 HAFER, LLP BY: Kes J. Dodd-o, Esquire ttorneys for Defendant, apital Blue Cross Dated: June 7, 2000 THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 12 East Market Street P.O. Box 1172 Bettdehem, PA 18016 (610) 868-1675 Attorneys for Defendant: Capital Blue Cross IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CHRISTOPHER M. NOLL and NO. 99-3248-CIVIL ANTHONY STEFANON, Executor of the Estate of Timothy L. Noll, Deceased, Plaintiffs, V. CAPITAL BLUE CROSS and PENNSYLVANIA BLUE SHIELD, JURY TRIAL DEMANDED BY Defendants. JURY OF TWELVE PERSONS ANSWER AND NEW MATTER OF DEFENDANT, CAPITAL BLUE CROSS COME NOW the Defendant, Capital Blue Cross, by and through its undersigned counsel, James J. Dodd-o, Esquire, of Thomas, Thomas & Hafer, LLP, and for its Answer and New Matter to Plaintiffs' Complaint, sets forth as follows: 1. Denied as stated. While it is believed that, at the time the Complaint in Action for Declaratory Judgment was initially filed, Plaintiff resided at the address indicated. Subsequent to that time, it is believed that the Plaintiff, Christopher M. Noll, died on September 15, 1999. In light of this information, said averment is denied. 2 2. Admitted. 3. Admitted. 9. The averment set forth in Paragraph 4 of the Complaint refers to a party other than Answering Defendant, and therefore, no response is necessary. 5. The averment set forth in Paragraph 5 requires no response. 6. The averment set forth in Paragraph 6 requires no response. 7. Admitted based solely upon the information in the reports and documents provided by Plaintiffs. 8. Admitted only that Capital Blue Cross issued a contract for health care coverage to Frye Communications, and that Timothy L. Noll became an enrollee of the group plan provided by Frye Communications to its employees and their enrolled dependants. The characterization set forth by Plaintiffs in paragraph 8 is denied. 9. Based upon information and belief, it is admitted that Plaintiff, Christopher M. Noll, was a minor child of the decedent, Timothy L. Noll, living at home with his father on May 17, 1987. It is further admitted that Christopher M. Noll was an enrolled dependant of a group plan provided by Frye Communications, as set forth in paragraph 8 above. 3 10. It is admitted only that the minor child, Christopher M. Noll apparently suffered catastrophic injuries from the incident referenced in the Complaint. 11. Admitted that Plaintiffs have submitted bills reflecting medical care and treatment for injuries allegedly suffered in the accident referenced in the Complaint, and furthermore, it is admitted that Capital Blue Cross has paid benefits to or on his behalf. 12. Admitted only that said actions were filed. 13. Denied. After reasonable investigation, the Answering Defendant is without such knowledge or information because the means of proof are within the exclusive control of an adverse party or hostile person. Strict proof thereof is demanded at the time of trial. By way of further response, said confidential Joint Tortfeasor Release was not attached to the Complaint. 14. Denied. After reasonable investigation, the Answering Defendant is without such knowledge or information because the means of proof are within the exclusive control of an adverse party or hostile person. Strict proof thereof is demanded at the time of trial. By way of further response, said confidential Joint Tortfeasor Release was not attached to the Complaint. 4 15. Denied. After reasonable investigation, the Answering Defendant is without such knowledge or information because the means of proof are within the exclusive control of an adverse party or hostile person. Strict proof thereof is demanded at the time of trial. By way of further response, said confidential Joint Tortfeasor Release was not attached to the Complaint. 16. Denied. After reasonable investigation, the Answering Defendant is without such knowledge or information because the means of proof are within the exclusive control of an adverse party or hostile person. Strict proof thereof is demanded at the time of trial. By way of further response, said confidential Joint Tortfeasor Release was not attached to the Complaint. 17. Denied. After reasonable investigation, the Answering Defendant is without such knowledge or information because the means of l proof are within the exclusive control of I r an adverse party or hostile person. Strict proof thereof is demanded at the time of trial. By way of further response, said confidential Joint Tortfeasor Release was not attached to the Complaint. 18. Denied. After reasonable investigation, the Answering Defendant is without such knowledge or information because the 5 i 1 means of proof are within the exclusive control of an adverse party or hostile person. Strict proof thereof is demanded at the time of trial. By way of further response, said confidential Joint Tortfeasor Release was not attached to the Complaint. 19. Admitted. 20. Admitted. 21. Admitted only that on October 29, 1996, the Court granted a Non-Suit to the Defendant, Newport Area School District. 22. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments, and strict proof thereof is demanded at the time of trial. 23. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments, and strict proof thereof is demanded at the time of trial. 24. Denied. After reasonable investigation, the Answering Defendant is without such knowledge or information because the means of proof are within the exclusive control of an adverse party or hostile person. Strict proof thereof is demanded at the time of trial. 6 25. Denied. The averment contained in paragraph 25 of the Complaint is a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is deemed to be required, it is specifically denied that the Political Subdivision Tort Claims Act precluded Plaintiffs from making a recovery for the injuries and damages suffered. 26. Denied. To the contrary, Plaintiffs have been made whole by the settlements. By way of further response, said averment is a legal conclusion. 27. It is admitted only that the minor child, Christopher M. Noll, apparently suffered catastrophic injuries from the incident referenced in the Complaint. Furthermore, it is believed that Christopher M. Noll has passed away. As to the remaining averments in Paragraph 27, same are denied. 28. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments, and strict proof thereof is demanded at the time of trial. By way of further response, records and documentation indicate that Plaintiff, Christopher M. Noll, has passed away, and therefore, the claimed expenses are incorrect. 29. Admitted only that Plaintiff, Christopher M. Noll, was 17 years of age at the time of his injury. The remaining 7 averments set forth in Paragraph 29 are denied, and strict proof thereof is demanded at the time of trial. 30. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments, which are therefore denied. Strict proof thereof is demanded at the time of trial. 31. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments, which are therefore denied. Strict proof thereof is demanded at the time of trial. 32. It is admitted only that the minor child, Christopher M. Noll, apparently suffered catastrophic injuries from the incident referenced in the Complaint. 33. Admitted. 39. Denied. After reasonable investigation, the Answering Defendant is without such knowledge or information because the means of proof are within the exclusive control of the Plaintiff or Plaintiffs' counsel. 35. The averment set forth in Paragraph 35 of Plaintiffs' Complaint refers to a party other than Answering Defendant, and therefore, no response is necessary from this Defendant. 8 36. The averment set forth in Paragraph 36 of Plaintiffs' Complaint refers to a party other than Answering Defendant, and therefore, no response is necessary from this Defendant. 37. The averment set forth in Paragraph 37 of Plaintiffs' Complaint refers to a party other than Answering Defendant, and therefore, no response is necessary from this Defendant. 38. Denied. The allegations set forth in this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as factual allegations, said allegations are specifically denied, and strict proof thereof is hereby demanded at the time of trial. 39. Denied. It is specifically denied that any right of subrogation is limited to claims presented before Plaintiffs entered into settlements of the underlying litigation. 40. The averment set forth in Paragraph 40 of Plaintiffs' Complaint refers to a party other than Answering Defendant, and therefore, no response is necessary from this Defendant. 41. The averment set forth in Paragraph 41 of Plaintiffs' Complaint refers to a party other than Answering Defendant, and therefore, no response is necessary from this Defendant. 9 WHEREFORE, Answering Defendant demands judgment in its favor, with interest and costs from the date of the last settlement on the claims asserted by Plaintiffs to the present. NEW MATTER 42. Contained within the Handbook for Inc., from Capital Blue Cross, was an subrogation rights of Defendant, Capital relevant portions of this document are Exhibit "A." 43. Plaintiff, Christopher M. Noll, d 1999. Frye Communications, explanation of the Blue Cross. The attached hereto as ied on September 15, 44. By settling the actions referenced in paragraph 12 of the Complaint, Plaintiffs have waived their right to a judicial determination on the provable damages based upon said claims. 45. By settling the actions referenced in paragraph 12 of the Complaint, Plaintiffs have waived their right to a judicial determination as to whether they were made whole on the provable damages based upon said claims. 46. Plaintiffs have waived any right to a judicial determination of the losses allegedly incurred in this matter through settlement of the actions referenced in paragraph 12 of the Complaint. 10 47. Any claim, in light of the settlements, that the amount of provable and recoverable damages far exceeds any amounts paid by Defendant, Capital Blue Cross, for medical and hospital expenses is irrelevant in light of the settlement and waiver of such issues. WHEREFORE, Answering Defendant demands judgment in its favor, with interest and costs from the date of the last settlement on the claims asserted by Plaintiffs to the present. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP BY: Dated: June 7, 2000 :68041.3 uoaa-o, Esquire eys for Defendant, tal Blue Cross 11 THIS BASIC MEDICALISURGIC:.L CONTRACT effective as c' AUGUST 1, 1997 by and between FRY COMMUNICATIONS, _NC. (Called the Gro-_:c?i and PENNSYLVANIA BLUE SHIELD (Called the Plan; a Pennsylvania non-profit corporation whose main office is 1800 Center Street, Camp Hill, Pennsylvania 7089. ldf414.doc Form 6002 Nit RE BEfibf-IT-W PLEASE. RETURN TO: Capital Blue Crom% BOOKLETS AND CONTRACTS UNIT 1221 Ilandhon Street Allentou-n, PA 181024370 information relative to such other Plans by the Employer or Employee or any other insurance company or organization or person. When the benefits are reduced under the Primary Plan because a Subscriber does not comply with the Plan provisions, or does not maximize benefits available under the Primary Plan, the amount of such reduction will not be considered an Allowable Benefit. Examples of such provisions are those related to second surgical opinions, precertification of admissions and services, and preferred provider arrangements. ' T U SUBROGATION 1. To the extent that benefits for Covered Services are provided or paid under this Contract, the Plan shall be subrogated and succeed to any rights of recovery of a Subscriber for expenses incurred against any person or organization except insurers on policies of health insurance issued to and in'the name of the Subscriber or where specifically prohibited by law. 2. The Subscriber shall pay the Plan all amounts recovered by suit, settlement, or otherwise from any third party or his insurer to the extent of the benefits provided or paid under this Contract, to the extent permitted by law. 3. The Subscriber shall take such action, furnish such information and assistance, and execute such papers as the Plan may reasonably require to facilitate enforcement of its rights, and shall take no action prejudicing the rights and interests of the Plan under this Contract. PARTICIPATING AND NON-PARTICIPATING PROFESSIONAL PROVIDER. REIMBURSEMENT Benefit amounts, as specified in the Schedule of Benefits, refer to Covered Services rendered by a Participating Professional Provider which are regularly included in such Professional Provider's charges and are billed by and payable to such Professional Provider. The allowance for Covered Services rendered by a Non- Participating Provider which are regularly included in such Provider's charges and are billed by and payable to such provider is the same as for a Participating. Provider. Form-6002 50 h. VERIFICATION I, Daniel J. Stenocavage , Representative of Defendant, CAPITAL BLUE CROSS, hereby state and aver that I have read the foregoing ANSWERS AND NEW MATTER, which was drafted by counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of counsel, and, to the extent that the content of the foregoing documents is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. /? /? /tea Date :83824.1 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 7th day of June, 2000, a copy of the foregoing ANSWER AND NEW MATTER was served upon counsel listed below, by United States First Class Mail, postage prepaid. Anthony Stefanon, Esquire 907 N. Front Street P.O. Box 12027 Harrisburg, PA 17106-2027 THOMAS, THOMAS & HAFER, LLP BY: hmo J. Dodd-o, Esquire tt eys for Defendant, apital Blue Cross :97468.1 r ai n -l J .> c: ANTHONY STEFANON, IN THE COURT OF COMMON PLEAS Administrator of the Estate CUMBERLAND COUNTY, PENNSYLVANIA of Christopher M. Noll, Deceased and ANTHONY STEFANON,: No. 99-3248 Civil Executor of the Estate of Timothy L. Noll, Deceased, , Plaintiffs , VS. CIVIL ACTION - LAW CAPITAL BLUE CROSS and : ACTION FOR DECLARATORY JUDGMENT PENNSYLVANIA BLUE SHIELD, Defendants JURY TRIAL DEMANDED NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT TO: Capital Blue Cross and Pennsylvania Blue Shield, Defendants DATE OF NOTICE: May 24, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 By hony St o Esquire #25497 407 97 'ront Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE: ????? ., ._ .,? •- ?: '?_ ? ?. ?,., ?; . ??=,.? c??; :_: - ti ?, ?_ ? ' «. ? <: f'; ?:} ?,_ W:, ,.. .- :?? ?? :.? fly 5510 Cumberlandilounty Prothnotary's Office Page 1999°032..48 NOI,L CHRISTOPIER M ET AL (vs) CAPITAL. BLUE CROSS AND PA BLUE Ref.e.renco No.. Filed ........ 0 5/28/3916 Casa `ryj)e..... : COMPLAINT Time......... Judgioen : .00 Execution Date 0/00/0000 Judge. Assigned: Jury Trial.... Disposed D-29C.: Disposed Date. 0/00/0000 Case Comments Higher Crt 1.: Higher. Crt 2.: Goneral index Attorney Info NOLI, CHRISTOPHER M EXEC PLAIN'].'IPP STEFANON ANTHONY 127 BEL-AIRS DRIVE MONr2OEVILLE PA STEFANON ANTHONY EXEC PLAINTIFF STEFANON ANTHONY TIFF STEFANON ANTHONY PLAI NOLL TIM0TAY L ESTATE OF CAPITAL BI,JE CROSS N 2500 ELMERTON AVENUE HARRISBURG PA PENNSYLVANIA 13LUE SHIELD DLiENDANT 1800 CENTER STREET CAMP HILL, PA 17011 * Date Entries **+,AA„iskx**k*k******#*************kk****•*****************#********************** - - - - - - -FIRST ENTRY - - - - - - - - - - - - - - 5/26/1999 COMPLAINT - CIVIL ACTION -- DECLARATORY-JUDGMENT ----- ------------------------------------------------------ SHERIFF'S RETURN FILED Li.l.igant.: PENNSYLVANIA BLUE SHIELD SERVED : 6/02/99 COMPI, Costs .... : $35.30 Pd By: ANTHONY STEFANON 06/15/1999 --------- 6/1`i/1999 SHERIFF'S RETURN FILED --- -- -- I,it.i anL.: CAPI'T'AL BLUE CROSS SERVED : 6/10/99 HBG PA DAUPHIN CO Costs....: $52.25 Pd By: ANTHONY STEFANON-06/15/1999--------------- - 2/07/2000 STATEMENT OF MATERIAL FACTS FOR SUBSTITUTION OF SUCCESSOR-PARTY -------------------------------------------------- 5/25/2000 NOTICE: OF INTENTION TO ENTER JUDGMENT BY DEFAULT - IMPORTANT NOTICE - ATTY STEFANON FOR PI,FFS --------------------------------- 6/09/2000 ANSWER AND NEW MATTER OF DEFT CAPITAL BLUE CROSS - - - - _ - - - - - _ _ - - - - - - - LAST ENTRY - - - - - * Escrow information * FF'_:: t. Debi Ls Bec 8,31 Pmts/Ad End Bal cOMP',AINT 35.01 35.00 .00 ]'AX ON CMPLT 50 .50 .00 SETTLEMENT S.OJ 5.00 .00 JCi FE1i 5. i1) _5?_00_ ------------- 45.50 .00 Or 4, Or Or * j.:pA c:f Cozie iulOrm It-ion ***#At?*k..*k*'•wh#t*4:**A*#kA*:r*****kA*#*#*'n*k*•i#********************************** ?P:-!:r (-i3py 'RECORD In Te3;.?19.t1! v1Ei8'If, 1 %-?? ; :C:i9594 my keno and ft 51W at e& (wn at Cal*. PC Th tl Q (7 C/ ?tow1"ota ;. . n ELNmoNY STEFANON ATTORNEY AT LAW 40';„NORTI I FRONT STREET HARRISBUORG, PENNSYLVANIA 17108-2027 0 R i G I-. hILL r ? CHRISTOPHER M. NOLL and IN THE COURT OF COMMON PLEAS ANTHONY STEFANON, CUMBERLAND COUNTY, PENNSYLVANIA Executor of the Estate of Timothy L. Noll, Deceased, No. C; Of _ 3a4e Plaintiffs , Vs. CIVIL ACTION - LAW CAPITAL BLUE CROSS and ACTION FOR DECLARATORY JUDGMENT PENNSYLVANIA BLUE SHIELD, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 c NOTICIA Le han demandado a usted en Is Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demands. y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus persona. Sea avisado que si usted no se defiende, la carte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier quaja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pars. usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION BE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE BE PUEDE CONSEGUIR ASISTENCIA LEGAL. )err A55-oc.c ccpc" CUMBERLAND COUNTY eeH TOR !, Carlisle, PA 17013 (717) 2480 9 CHRISTOPHER M. NOLL and IN THE COURT OF COMMON PLEAS ANTHONY STEFANON, CUMBERLAND COUNTYp PENNSYLVANIA Executor of the Estate n of Timothy L. Noll, Deceased, No. 9. 3 a Y ( t Q T?"^ Plaintiffs VS. CIVIL ACTION - LAW CAPITAL BLUE CROSS and ACTION FOR DECLARATORY JUDGMENT PENNSYLVANIA BLUE SHIELD, Defendants JURY TRIAL DEMANDED COMPLAINT IN ACTION FOR DECLARATORY JUDGMENT 1. Plaintiff Christopher M. Noll is an adult individual resident of 127 Bel-Aire Drive, Monroeville, Allegheny County, Pennsylvania. 2. Plaintiff Anthony Stef anon is the duly appointed executor of the Estate of Timothy L. Noll Deceased, who died testate on August 30, 1998, letters testamentary having been issued to Anthony Stefanon by the Register of Wills of Perry County, Pennsylvania on October 12, 1998. 3. Defendant Capital Blue Cross is a nonprofit corporation organized and existing under the laws of the Commonwealth of Pennsylvania with offices or principal place of business located at 2500 Elmerton Avenue, Harrisburg, Dauphin County, Pennsylvania, which corporation regularly conducts business within Cumberland County, Pennsylvania. 1 4. Defendant Pennsylvania Blue Shield is a nonprofit corporation organized and existing under the laws of the Commonwealth of Pennsylvania with offices or principal place of business located at 1800 Center Street, Camp Hill, Cumberland County, Pennsylvania. 5. This is an action for Declaratory Judgment pursuant to 42 Pa CSA 57513 et seq., for the purpose of determining a question of actual controversy between the parties as hereinafter more fully appears. 6. All parties with an interest in this matter have been joined as parties in this complaint. 7. On May 17, 1987, the decedent Timothy L. Noll was an employee of Fry Communications, inc., a business corporation located in Mechanicsburg, Cumberland County, Pennsylvania. 8. On May 17, 1987, the decedent Timothy L. Noll was insured under a group health insurance plan provided by his employer, and issued by Defendants Capital Blue Cross and Pennsylvania Blue Shield, which insurance plan provided for the payment of medical and hospital benefits for Timothy L. Noll, and for his enrolled dependents. 9. On May 17, 1987, Plaintiff Christopher M. Noll was a minor child of the decedent Timothy L. Noll, living at home with his father, and was an enrolled dependent in the insurance plans of Defendants Capital Blue Cross and Pennsylvania Blue Shield. 2 10. On May 17, 1987, Christopher M. Noll suffered personal injuries as the result of a swimming pool accident which occurred at the premises of the Harrisburg Area YMCA located in Camp Hill, Cumberland County, Pennsylvania, which injuries included spinal cord injuries at the C5/C6 level with permanent quadriplegia. 11. From May 17, 1987 through the present, Christopher M. Noll has received medical care and treatment for the injuries which he suffered in the aforesaid accident, and Defendants Capital Blue Cross and Pennsylvania Blue Shield have paid benefits to or on his behalf. 12. Christopher M. Noll and Timothy L. Noll filed certain civil actions at law in the Court of Common Pleas of Dauphin County, Pennsylvania against entities liable for the injuries suffered by Christopher M. Noll including the following defendants: (1) At Number 4719-5-1987, the following defendants were named: (a) Harrisburg Area YMCA; (b) Newport Area School District; (c) Deanna Boles; (d) Thomas R. Marshall, Jr.; (2) At Number 3524-S-1988, the following defendants were named: (e) Paddock Pool Builders, Inc.; (f) Paddock Pool Equipment Company, Inc.; (g) Paddock Aquatic Facilities; 3 (h) Frost Company; , (i) Sta-Rite Industries, Inc.; (j) YMCA of the USA; (3) At Number 1584-S-1989 the following entities were named: (k) Paddock Construction Limited; and (1) Paddock of California, Inc. 13. On July 2, 1991, Christopher M. Noll and Timothy L. Noll entered into a confidential Joint Tortfeasor Release in furtherance of a settlement of their claims against Frost Company, Paddock Aquatic Facilities, Paddock Construction Limited, Paddock Pool Builders, Inc., Paddock Pool Equipment Company, Inc. and Paddock of California, Inc., which Joint Tortfeasor Release specifically preserved to Christopher M. Noll and Timothy L. Noll the right to pursue claims against other parties responsible for the injuries suffered by Christopher M. Noll. 14. The aforesaid Joint Tortfeasor Release specifically prohibited Timothy L. Noll and Christopher M. Noll from revealing the facts, terms, conditions, or amount of the settlement. 15. On August 23, 1991, Christopher M. Noll and Timothy L. Noll executed a confidential Joint Tort-Feasor Release and Settlement Agreement in furtherance of a settlement with the Harrisburg Area YMCA, Deanna Holes, Thomas R. Marshall, Jr., and i YMCA of the USA, which release specifically preserved to Timothy L. Noll and Christopher M. Noll the right to pursue claims against other responsible tortfeasors. 4 16. The aforesaid Joint Tort-Feasor Release specifically provided for confidentiality and precluded Christopher M. Noll and Timothy L. Noll from revealing the facts, terms, conditions, or amount of the settlement. 17. On November 3, 1995, Timothy L. Noll and Christopher M. Noll entered into a Settlement Agreement and Joint Tort-Feasor Release in furtherance of a settlement with Defendant Sta-Rite Industries, Inc., which Settlement Agreement and Joint Tort-Feasor Release specifically preserved the right of Christopher M. Noll and Timothy L. Noll to pursue claims against other responsible parties. 18. The terms and conditions of the aforesaid Settlement Agreement and Joint Tort-Feasor Release are confidential, and Timothy L. Noll and Christopher M. Noll are specifically precluded from revealing any of the terms, amounts, numbers, and conditions of the sums payable under that agreement. 19. On Motion of Timothy L. Noll and Christopher M. Noll, the action filed at Number 3524-5-1988 was discontinued on September 17, 1996. 20. On Motion of Christopher M. Noll and Timothy L. Noll, the action commenced at Number 1584-S-1989 was discontinued on September 17, 1996. 21. The action against the sole remaining Defendant, Newport Area School District, was brought on for trial before the Court of Common Pleas of Dauphin County, Pennsylvania, and on October 29, 1996, that Court granted a Non-Suit to the Defendant Newport Area School District, holding that the said Defendant enjoyed 5 governmental immunity under the Political Subdivision Tort Claim Act. 22. The decision of the trial court was affirmed in an unreported opinion of the Commonwealth Court of Pennsylvania at Number 2931 CD 1997, which opinion was filed on October 28, 1998. 23. On April 6, 1999, the Petition of Christopher M. Noll and Timothy L. Noll for Allowance of Appeal was denied by the Supreme Court of Pennsylvania, thereby terminating the underlying litigation in favor of the Newport Area School District, and against Plaintiffs Christopher M. Noll and Timothy L. Noll. 24. Each of the settlements entered into by Christopher M. Noll and Timothy L. Noll were settlements of doubtful and disputed claims, and were compromise settlements for amounts less than the provable damages suffered by Timothy L. Noll and Christopher M. Noll. 25. By reason of the immunity granted to the Newport Area School District by the Political Subdivision Tort Claims Act, Plaintiffs Christopher M. Noll and Timothy L. Noll have been prevented from making a recovery for the injuries and damages which they suffered as the result of the negligent acts and omissions of that entity. 26. As the result of the aforesaid compromises and legal immunities, Christopher M. Noll and Timothy L. Noll have not been made whole by the settlements which they did obtain in the underlying litigation described above, and the amount of their provable and recoverable damages which they did not recover far 6 exceed any amounts paid by Defendants Capital Blue Cross and Pennsylvania Blue Shield for medical and hospital expenses as hereinafter alleged. 27. As the result of the injuries suffered on May 17, 1987, Christopher M. Noll has been rendered a wheel chair bound quadriplegic, having suffered spinal cord damage at the C5/C6 level, which condition renders him incapable of caring for himself or his normal or special daily needs, and which condition requires him to have daily assistance and attendant care. 28. The total recurring annual medical and rehabilitative expenses for Christopher M. Noll are estimated at $212,876.48 per year for the remainder of his normal life expectancy. 29. Christopher M. Noll was 17 years of age at the time of his injury, with a normal life expectancy of 73.5 years, which results in a future estimated cost of medical care and rehabilitation in the amount of $12,027,494.00. 30. It is estimated that Christopher M. Noll will incur non- periodic medical and rehabilitative expenses as the result of his injuries in the amount of $70,614.00. 31. It is estimated that Christopher M. Noll has suffered a loss of earnings and future earning capacity in the amount of $1,918,080.00, as the result of his injuries. 32. In addition to the economic losses referred to the foregoing paragraphs, Christopher M. Noll has suffered and endured incalculable general damages as the result of his physical disabilities and limitations, which have deprived him of the 7 ability to enjoy normal daily activities of life; to participate in sporting and social endeavors, to manage the most rudimentary bodily functions; and to live even one day without pain, discomfort, aggravation, and inconvenience attendant to his disabilities. 33. Shortly after the injuries suffered by Christopher M. Noll, Defendant Capital Blue Cross did place Plaintiffs' counsel on notice of its subrogation interest, and from time-to-time, submitted to Plaintiffs' counsel information regarding the amount of its subrogation claim. The last such notice received by Plaintiffs' counsel, prior to the receipt of the last settlement funds payable under the aforesaid Settlement Agreements is attached hereto as Exhibit A. 34. Based on the notification received from Defendant Capital Blue Cross, Plaintiffs' counsel placed in escrow sufficient funds to satisfy the claim of Capital Blue Cross, less attorney's fees and pro-rata share of costs. 35. Defendant Pennsylvania Blue Shield, prior to the aforesaid Settlement Agreements, never placed Plaintiffs or Plaintiffs' counsel on notice of their claim for subrogation, nor did Defendant Pennsylvania Blue Shield provide any information to Plaintiffs or Plaintiffs' counsel regarding the amount of their alleged subrogation claim. 36. By reason of the failure of Defendant Pennsylvania Blue Shield to place Plaintiffs or Plaintiffs' counsel on notice of their subrogation claim, said Defendant has waived any right or B interest to any recovery made by Plaintiffs under the aforesaid Settlement Agreements. 37. The first notification received by Plaintiffs or Plaintiffs, counsel from Pennsylvania Blue Shield regarding its subrogation claim was dated August 28, 1996, and a true copy of that document is attached hereto as Exhibit B. 38. As Plaintiffs have not been made whole by the recoveries by which they received under the aforesaid compromise settlements, and have been precluded by law from recovering against the Newport Area School District, Defendants Capital Blue Cross and Pennsylvania Blue Shield have no right to pursue subrogation from the limited recoveries made by Plaintiffs on their claims against the settling tortfeasors. 39. Should it be determined that Capital Blue Cross has a right of subrogation, that right of subrogation must be limited to claims which it presented before Plaintiffs entered into the settlements of the underlying litigation. 40. To the extent that Defendant Pennsylvania Blue Shield may have had any subrogation right in this matter, that subrogation right has been waived by failure to notify the Plaintiffs of the subrogation claim prior to the time that the settlements were negotiated and concluded. 41. In the event that Pennsylvania Blue Shield has not waived its subrogation claims, then those subrogation claims are limited in amount to the funds expended prior to the time that the aforesaid settlement agreements were negotiated and concluded. 9 WHEREFORE, Plaintiffs request that: (A) The court enter a Declaratory Judgment holding that Defendants Capital Blue Cross and Pennsylvania Blue Shield have no claim for subrogation against any recovery realized by the Plaintiffs in the underlying litigation on the basis that the Plaintiffs have not been made whole by their compromise settlements; and (B) The court enter a Declaratory Judgment that neither Capital Blue Cross nor Pennsylvania Blue Shield have any right of subrogation for claims arising after the date of receipt of settlement funds by the Plaintiffs arising out the compromise settlements; and (C) The court enter a Declaratory Judgment that Pennsylvania Blue Shield has waived any subrogation claim by failure to notify the Plaintiffs of their subrogation claim and of the amount of those claims prior to the time that the Plaintiffs' settlements were negotiated; and (D) The court grants such other and further relief as may be just and proper. #25497 407 Nort ront Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE • S -Z -7-79 10 ? y VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing COMPLAINT FOR ACTION IN DECLARATORY JUDGMENT 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. S 4904 relating to unsworn falsification to authorities. /of ffie Estate of Nol , Deceased DATE: s--z,7-79 Capital BlueCpuss .. , Agent for-4erweylvanla Blue Shield P-Y Indepw0dent 000h*@114 of the 8Iw Go1111 W alm Shield Anmhllen Customer Service Department 774811 Information: 1.800.958.5558 Harrisburg, PA 17177-4871 ' it u111udeu111IM Itt6u111111tu111 16u1111&11lttlu1111 ANTHONY STEFANON, ESQ November 9, 1995 PO BOX 12027 HARRISBURG PA 17108-2027 Subscriber . Timothy Noll Patient : Christopher Noll Identification No.: 175407175 Accident May 17, 1987 You were advised in an earlier letter that Blue Cross is entitled to subrogation in connection with the above subscriber's hospitalization. To date, Blue Cross benefits for this accident amount to $271,842.27 as shown on the enclosed statement. This amount, less your fee, should be remitted to Blue Cross out of any recovery or settlement of this claim. Please include this letter with your refund. If you have any questions regarding this letter, please contact our department at (717) 541-3515 or (800) 417-7839. Other Party Liability Department Enclosure 6 w 10111251 ;a fr io y ? 114 J MRSC5D PAUL J. GITNIK & ASSOCIATES LAW OFFICES Paul J. Gitnik Centro 1201 Broughton Road Pittsburgh, Pennsylvania 15236-3469 Telephone: (412) 653.8702 Pennsylvania: (800) 426-0555 E-mail: associates®gitnik.com Facsimile: (412) 655-8721 August 28, 1996 Employer Identification No. 25.1661182 Anthony Stesanon, Esquire PO Box 12027 Harrisburg, PA 17108-2027 Re: Pennsylvania Blue Shield Patient: Noll, Christopher Contract ID: 175407175H Date of Injury: 5/17/87 Dear Mr. Stesanon: This law firm has been retained by *Pennsylvania Blue Shield ("PBS") to pursue PBS's contractual right of subrogation for sums paid for medical services on your client's behalf under the above-captioned subscription Agreement. As you may be aware, the subscription Agreement requires the subscriber to take any action necessary to protect and assure the subrogation rights of PBS. Thereby, protecting and securing the contractual subrogation rights and legal interests of PBS. This letter is written for the purpose of notifying you of our client's subrogation rights in this case. We hereby authorize you to represent Paul J. Gitnik'& Associates, on behalf of PBS, in connection with PBS's contractual subrogation interest. We are only authorized to pay you 25W as attorney's fees if the case is settled, and 33W if the case goes to trial. This rate is inclusive of representation, filing costs, witness fees, etc. Enclosed please find a copy of the Claim Information prepared by PBS, which sets forth a subrogation lien amount of $30,633.98, paid as of August 22, 1996. We reserve the right to provide you with updated claim payments prior to the finai settlement and/or resolution of this issue with this firm. Please ensure that the draft is made payable to Paul J. Gitnik & Associates. If you should have any questions, please feel free to call me. Very truly yours, Q 4.h Paul J. Gitnikr ixtffl PJG/kS Fir ,.P-Juq Enclosure ,777 755, A cc: Timothy Noll (Informational Copy Orly) "Pennsylvania Blue Shield's contractual subrogation interests arc separate and distinct from any Blue Cross Plans and/or any other Blue Shield t?3i v t .. 1 'CI 1 N V ` ? V `v? V SHERIFF'S RETURN - REGULAR CASE NO: 1999-03248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOLL CHRISTOPHER M ET AL vs. CAPITAL BLUE CROSS AND PA BLUE CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT Upon PENNSYLVANIA BLUE SHIELD was served defendant, at 1524:00 HOURS, on the 2nd day of June the 1999 at 1800 CENTER STREET ,CUMBERLAND County, Pennsylvania, by handing to SALLY MCCOY PARALEGAL a true and attested copy of the COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30 Affidavit 00 7" iacs? Surcharge .00 8.00 omas ine, eri 3U-ANTHO 6Y ST9 EF 06/1199 ON by 4 ? e Y ri Sworn and subscribed to before me this 1.,F Cr- day ofLJu., 19 9`/ A.D. y 7'Iw i D Np?T -?T r o`any`fi? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-03248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOLL CHRISTOPHER M ET AL VS. CAPITAL BLUE CROSS AND PA BLUE R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: CAPITAL BLUE CROSS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within COMPLAINT On June 16th, 1999 this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 8.00 comas ine Sfleri Dauphin County 29.25 $52.25 0NTHOII?? N 999EFANON Sworn and subscribed o before me this /5' day of 19 /9 A.D. 46n `4 no aiy a Mary lane Snyder Real Hstate Dc' put), William T. Tully Solicitor Dauphin Countv Harrisburg, Pennsylvania 17101 ph: (717) 255.2660 t'ax: (717) 255-2589 Jack Lotwick Sheriff Ralph G. McAllister Chid'Deputy Michael W. Rinehart Assistant Chief Depoty Commonwealth of Pennsylvania NOLL CHRISTOPHER M County of Dauphin vs • CAPITAL BLUE CROSS Sheriff's Return No. 1100-T - - -1999 OTHER COUNTY NO. 99-3248-CIVIL AND NOW: June 10, 1999 at 11:35AM served the within COMPLAINT & NOTICE upon CAPITAL BLUE CROSS by personally handing to LISA WOLFF 1 true attested copy(ies) of the original COMPLAINT & NOTICE and making known to him/her the contents thereof at 2500 ELMERTON AVE HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 14TH day of JUNE, 1999 PROTHONOTARY (Off ire of 14eriff So Answers, C/7 Sheriff of Dauphin County,PPa- By ^ 0 Deputy Sheriff Sheriff's Costs: $29.25 PD 06/04/1999 RCPT NO 124645 JR Christopher. M. Noll, et. al. VS. Capital Blue Cross, et.a 1. Serve: Capital Blue Cross No. 99-3248 Civil 19 Now, 6/2199 19? I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of Da, ip h i n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, Pa. Affidavit of Service Now, at by handing to attested copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of_ COSTS SERVICE S 19 MILEAGE AFFIDAVIT S 19 , o'clock M, served the County, Pa. a true and and made known to ¦ CI, -lilt. ii:nlFf'S Gi 1,; I;: ...... L ':1 , = in The Court of Common Pleas of Cumberland County, Pennsylvania CHRISTOPHER M. NOLL and ANTHONY STEFANON, Executor of of the Estate of Timothy L. Noll, Deceased, Plaintiffs V. CAPITAL BLUE CROSS and PENNSYLVANIA BLUE SHIELD, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3248 CIVIL CIVIL ACTION - LAW ACTION FOR DECLARATORY JUDGMENT JURY TRIAL DEMANDED STATEMENT OF MATERIAL FACTS FOR SUBSTITUTION OF SUCCESSOR PARTY 1. This Statement of Material Facts for Substitution of Successor Party is filed pursuant to Pa R.C.P. Rule 2352. 2. One of the Plaintiffs named in this action is Christopher M. Noll who, at the time that Complaint was filed, was an adult individual resident of 127 Bel Aire Drive, Monroeville, Allegheny County, Pennsylvania. 3. On September 15, 1999. Christopher M. Noll died and thereafter, Letters of Administration for his estate were granted to Anthony Stefanon, as Administrator, by the Register of Wills of Allegheny County, Pennsylvania. 4. The aforesaid Letters of Administration were granted on December 3, 1999, and an original of the Short Certificate is attached hereto as Exhibit "A". 5. By operation of law, Anthony Stefanon, Administrator, is the lawful successor to Christopher M. Noll as a party Plaintiff in this action. 6. Pursuant to the provisions of Pa R.C.P. Rule 2352, Anthony Stefanon, Administrator of the Estate of Christopher M. Noll, Deceased is voluntarily substituted as a party Plaintiff to this action. DATE: QZ U; -d?ooa 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 59 6YIR11 20 RW Register of Wills of Allegheny County, Pennsylvania Commonweala t of Pennsylvania, ALLEGHENY COUNTY SS: No. 109278 No. 029908150 of 1999 I, DAVID N. WECHT, ESQUIRE, Register of Wills in and for the County of Allegheny in the Commonwealth of Pennsylvania, DO HEREBY CERTIFY that on the 2ND day of DEC_ EMBER , 1999 LETTERS LETTERS OF ADMINISTRATION on the Estate of CHRISTOPHER MARTIN NOLL deceased, were granted to ANTHONY STEFANON having first been qualified well and truly to administer the same. And, I further certify that no revocation of said Letters appears of record in my office. Date of Death SEPTEMBER 15, 1999 Social Security No. 179-52-2641 Given under my hand and seal of office, at Pittsburgh this 3RD day of DECEM 1 99 Itv+rA/ DAVID N. WECHT, ESQUIRE. REGIST R OF WILLS Iv Via( ? rIIRR NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL. Won CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of the Statement of Material Facts for Substitution of Successor Party, on each of the persons listed below, at the addresses set forth, by First Class United States Mail: James J. Dodd-O, Esquire Thomas, Thomas & Hafer 305 North Front Street Sixth Floor, P.O. Box 999 Harrisburg, PA 17108 RES By v / ony Irront non, Esquire #25497 407 No Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE : 0 Z - 0? - 015) 70 (i ? J i CHRISTOPHER M. NOLL and : IN THE COURT OF COMMON PLEAS ANTHONY STEFANON, Executor of : CUMBERLAND COUNTY, PENNSYLVANIA of the Estate of Timothy L. Noll, Deceased, : Plaintiffs : NO. 99-3248 CIVIL V. : CIVIL ACTION - LAW CAPITAL BLUE CROSS and : ACTION FOR DECLARATORY JUDGMENT PENNSYLVANIA BLUE SHIELD, Defendants :JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT CAPITAL BLUE CROSS 42. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of these averments, and proof thereof is demanded if relevant. By way of further answer, it should be noted that the document marked as Exhibit "A" to the Defendant's New Matter is dated August 1, 1997, a date more than ten (10) years after the occurrence of the injuries to the Plaintiff in this matter. By way of further answer, Plaintiff has no knowledge that the aforesaid booklet was ever received or reviewed by Plaintiff s decedent. 43. Admitted. 44. Denied. To the contrary, as a matter of law the Plaintiffs decedents have not been made whole by their settlements as one of the joint tort feasors, Newport Area School District, was held to be immune from the suit for its negligence leading to the catastrophic injuries of Christopher M. Noll. By way of further answer, each of the Releases entered into by the Plaintiffs decedents were joint tort feasor Releases, which specifically denied liability on the part of the released Defendants. 45. Denied. The averments of the foregoing paragraph 44 are incorporated herein by reference. 46. Denied. The averments of the foregoing paragraph 44 are incorporated herein by reference. 1 47. Denied. To the contrary, there has been no waiver of any issue by the Plaintiffs decedents. The joint tort feasor Release specifically preserved the right to pursue judicial remedies against the Newport Area School District, and that Defendant was held to be immune from suit, thereby preventing Plaintiffs decedents from making any recovery against that tort feasor. Esquire 407 No F t Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE: I (Z zJU VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing Plaintiffs Reply to New Matter of Wendant Capital Blue Cross are true and correct to the best of his knowledge, information and belief. The undersigned understand that the statements made therein are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unswom falsification to EFANON, Estate of 1, Deceased DATE: 6 -t 2 -W l?ITHO STEFANON, Admr ator of the Estate of opher M. Noll, DATE: / I L -O 9 ?: v ? ?.. .? ni J i .,. J L. c??-. -, .: ..i iT _-?? ?? 'lc,l ? (i; ??i ':? ?. - i ::7fU ? %[L ti Q ^,? G CJ No. 99-3248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CHRISTOPHER M. NOLL and ANTHONY STEFANON, Executor of the Estate of Timothy L. Noll, Deceased, Plaintiffs, V. CIVIL DIVISION No. 99-3248 PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE Filed on Behalf of the Defendant: CAPITAL BLUE CROSS CAPITAL BLUE CROSS and PENNSYLVANIA BLUE SHIELD, Defendants. Counsel of Record for this Party: Paul J. Gitnik, Esquire Pa. I.D. No. 44497 Richard J. Cromer, Esquire Pa. I.D. No. 79214 PAUL J. GITNIK & ASSOCIATES, LLC Finn No. 91 Paul J. Gitnik Centre 1201 Broughton Road. Pittsburgh, PA 15236 (412)655-8720 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CHRISTOPHER M. NOLL and NO. 99-3248-CIVIL ANTHONY STEFANON, Executor of the Estate of Timothy L. Noll, Deceased, Plaintiffs, v. CAPITAL BLUE CROSS and PENNSYLVANIA BLUE SHIELD, JURY TRIAL DEMANDED BY Defendants. JURY OF TWELVE PERSONS PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO: PROTHONOTARY Please Withdraw the Appearance of James J. Dodd-o, Esquire, Thomas, Thomas & Hafer, LLP, as Attorneys for Defendant, Capital Blue Cross, in the above-captioned matter. BY: DATED: THOMAS, THOMAS & HAFER, LLP fines J. Dodd-o, Esquire Ea Market Street F.O. Box 1172 Bethlehem, PA 18016 (610) 868-1675 PRAECIPE FOR ENTRY OF APPEARANCE Please Enter the Appearance of , as Attorney(s) for Defendant, Capital Blue Cross, in the above- captioned matter. No. 99-3248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CHRISTOPHER M. NOLL and ANTHONY STEFANON, Executor of the Estate of Timothy L. Noll, Deceased, CIVIL DIVISION No. 99-3248 Plaintiffs, V. CAPITAL BLUE CROSS and PENNSYLVANIA BLUE SHIELD, Defendants. PRAECIPE TO ENTER APPEARANCE TO: CURT LONG, PROTHONOTARY Sir: Please enter our appearance on behalf of the Defendant, Capital Blue Cross, in the above- captioned matter Respectfully submitted, Q, 0. ',&7A-?) Paul J. Gitnik, Esquire PaLD. No. 44497 ichard J. Cromcr, Esquire a. I.D. No. 79214 No. 99.3248 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE was mailed via United States mail, 0 first class, postage prepaid, to the following this?-1 day of Se -?r 12000. Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 PAUL J. GITNIK & ASSOCIATES, LLC L.I'll ,D By: l ukk_. L ?1 ?L ichard J. Cromer Attorneys for Defendant Capital Blue Cross > r) UI ! [_) ?s ?.. LL C.L c? v ,` CHRISTOPHER M. NOLL, and ANTHONY STEFANON, Executor of the Estate of Timothy L. Noll, Deceased, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3248 Civil CIVII. ACTION - LAW CAPITAL BLUE CROSS and : ACTION FOR DECLARATORY JUDGMENT PENNSYLVANIA BLUE SHIELD, Defendants : JURY TRIAL DEMANDED STIPULATION FOR SETTLEMENT AND DISCONTINUANCE AS TO DEFENDANT PENNSYLVANIA BLUE SHIELD ONLY 1. The undersigned are counsel for all parties to this action. 2. The parties hereby stipulate and agree to mark this matter settled and discontinued as to Defendant Pennsylvania Blue Shield only. 3. Pursuant to the provisions of Pa RCP Rule 229, all parties hereto consent to the discontinuance of this action against Defendant Pennsylvania Blue Shield only. SUBMITTED, Executor Timothy,L. oll, Deceased I.D.#25 7 407 North Front Street P.O. Box 12027 1larrisburg, PA 17108-2027 (717) 232-0511 RESPECTFULLY SUBMITTED, ANTHO Y STEFAN ESQUIRE Adminil rator of the Estate of Christopher M. Noll, Deceased I.D.#25497 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 HIGHMARK INC., d/b/a PENNSYLVANIA BLUE SHIELD By: ?vx-- Title. ?5x['574-x-;-t` fME42--c- - PAUL J. GITNIK & ASSOCIATES, LLC By: ` VICHARD J. CROMER, ESQUIRE Attorney for Capital Blue Cross Paul J. Gitnik & Associates, LLC 1201 Broughton Road Pittsburgh, PA 15236-3469 (412) 653-8702 T DATE: l/ I Q ,i. i LZ i„ Y?.'A' PA 0-k#?yao a S ??? non Rec ? ?bS-??/ .S 6'0 CHRISTOPHER M. NOLL and : IN THE COURT OF COMMON PLEAS ANTHONY STEFANON, Executor of : CUMBERLAND COUNTY, PENNSYLVANIA the Estate of Timothy L. Noll, Deceased, Plaintiffs : No. 99-3248 CIVIL v : CIVIL ACTION - LAW CAPITAL BLUE CROSS and : ACTION FOR DECLARATORY JUDGMENT PENNSYLVANIA BLUE SHIELD, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE TO THE PROTHONOTARY: Mark the above-captioned matter settled and discontinued. RESPECTFULLY 12027 Harrisburg, PA 17108-2027 (717)232-0511 DATE: Z-Lj -UZ By: , I I.D.#25497 AP.O. Box PHONY ST 407 North Fron Stre t CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of the Praecipe for Settlement and Discontinuance, on the person listed below, at the address set forth, by First Class United States Mail: PAUL J. GITNIK, ESQUIRE PAUL J. GITNIK & ASSOCIATES, LLC Paul J. Gitnik Centre 1201 Broughton Road Pittsburgh, PA 15236-3451 RESPECTFULLY I.D.#254A7 ' 407 North Front ree P.O. Box 1202 Harrisburg, PA 108-2027 (717) 232-0511 DATE: Z` ZS D? i , ILL C\; i Cj N C M JUJ Lam' S] i•