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03-4820
AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (21UlL fUC-. 9 PETER T. WEIGHER, CIVIL ACTION - LAW Defendant IN DIVORCE 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. The Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 TUCKER ARENSBERG P.C. ell By: Sandra L. Meil n Attorney I.D. 32551 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: 9?? 3 ATTORNEYS FOR PLAINTIFF AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. PETER T. WEIGHER, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Amy J. Weigher, an adult individual who is sui juris and resides at 725 Harding Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Peter T. Weigher, an adult individual who is sui juris and resides at 509 Haldeman Boulevard, New Cumberland, Cumberland County, Pennsylvania 17070. The present whereabouts of the Defendant, Peter T. Weigher, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 9. The Plaintiff and Defendant were married on October 10, 1987, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 2 B. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. COUNT II: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL, PROPERTY UNDER THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate which is subject to equitable distribution by this court. 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT III: CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 12. The Plaintiff has inadequate means of support for herself except as provided for by Defendant. 13. Plaintiff is employed as a fitness director for Mushlin, Inc. and earning $13.20 per hour (working 25 to 30 hours per week). Defendant is employed as a realtor at Remax, and earning in excess of $200,000 per year. 3 COUNT IV: CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 15. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. Directing the Defendant to pay alimony to the Plaintiff; d. Directing the Defendant to pay Alimony Pendente Lite and Plaintiff's counsel fees and the costs of this proceeding; and e. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG P.C. andra L. Meilton, Esqui No. 32551 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 62357.1 4 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. y eigher Dated: 5 4k s r-Z ? w ? o Q AMY J. WEIGHER, Plaintiff V. PETER T. WEIGHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4820 Civil Term CIVIL ACTION - LAW IN DIVORCE C. 17- -a Z r.. r; ACCEPTANCE OF SERVICE I accept service of the Complaint for Divorce in the above matter on behalf of the Defendant, Peter T. Weigher. DATED: Oq- dot, o3 62683.1 n CC? ?'? = i?Li ii }.. "? ni,,- --i 1_t,. ,-, GC' 't?. - ?-ii ??: -aC ? =j l 7 !zJ (T -G AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE PETER T. WEIGHER, NO. 2003-4820 CIVIL TERM IN DIVORCE Defendant/Respondent Pacses# 535105827 ORDER OF COURT AND NOW, this 3`d day of October, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 24. 2003 at 10.30 A M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on Petitioner 10-3-03 to: < Respondent Sandra Meilton, Esquire J. Paul Helvy, Esquire Date of Order: October 3 2003 BY THE COURT, George E. Hoffer, President Judge R. 'JShadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA'T'ION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 ?)A . C-) c- C- w 0 -- Fil f J F L i _ AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 03-4820 CIVIL TERM PETER T. WEIGHER, IN DIVORCE Defendant/Respondent Pacses# 535105827 ORDER OF COURT AND NOW, this 8m day of October, 2003, based upon the Court's determination that Petitioner's monthly net income/earning capacity is S 1,346.04 and Respondent's monthly net income/earning capacity is $12,009.00, it is hereby Ordered that the Respondent poly to the Pennsylvania State Collection and Disbursement Unit, $2,306.00 per month payable monthly as follows; $2,306.00 for alimony pendente lite and $00.0 on arrears. First payment due on or before the 20`h day of each month, commencing in October 2003. Arrears set at $2,306.00 as of October 8, 2003. The effective date of the order is October 8, 2003. Both parties are to report any direct payments that can be credited to this account since the filing date of September 12, 2003. Defendant is to submit a payment plan for approval to DRO within ten days upon receipt of this order for the retroactive arrears. This order is based upon a child support order under PACSES NO. 475105471, docketed at 425S2003. The conference scheduled for October 24, 2003 is cancelled. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Paula M. Ziegelmeier. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Plaintiff/Petitioner Plaintiff/Petitioner's Attorney Defendant/Respondent DRO: R. J. Shadday Mailed copies on Petitioner 10-8-03 to: Respondent Sandra L. Wilton, Esquire James P. Helvy, Esquire Defendant/Respondent's Attorney BY THE COURT, N L ni f ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 10/08/03 Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number REMAX REALTY ASSOCIATES 3425 MARKET ST CAMP HILL PA 17011-4428 RE: WEIGHER, PETER T l? Name (Last, First, (See Addendum fa plaintiff names associated with cases on attachment) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for supl from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct 1 amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 4, 731. 00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? ®yes Q no $ o. oo per month in medical support $ o . o0 per month for genetic test costs $ per month in other (specify) for a total of $ 4, 731. oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not mat the ordered support payment cycle, use the following to determine how much to withhold: $ 1, 091.77 per weekly pay period. $ 2, 183 .54 per biweekly pay period (every two weeks). $ 2, 365.50 per semimonthly pay period (twice a month).'?t°T $ 4. 731. 00 per monthly pay period. r, ?t++ }.? REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled tc deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information needed (See #10 on pg. 2). If remitting by EFT/FDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSE_r1 DO NOT SEND CASH BY MAIL. M BY THE COURT Date of Order: OCT U Q 2003 J. 4isy C1Br, J DRO: Rickie Shadday Form EN-028 Service Type M OMB No. 0970o154 Worker ID $IAT' `l7 5"kas"y71 i,t 'l Ord Notice 4g0 Amended Order/Notice 0 Terminate Order/Notice 03- `Q6 G1va ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide a copy of this form to your eem loyee. If yo r employee works in a state that is ch ferent from the state that issued this order, a copy must be provider?to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to ?ach employee/obligor. 4. *-Reporting thefagdate/Date of- Withholding- YemmuSt-rPlie paydate/date of vvnhholding when sending-the payment: The- PaYd2te/da`fe`ofw`fhhok#ingysthe-dateon_roh a swages. You must comply with the law yf IN state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement thle withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order,'Notice to Withhold Income for Support agai st this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must folI v the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2516512040 EMPLOYEE'S/OBLIGOR'S NAME: WEIGHER, PETER T EMPLOYEE'S CASE IDENTIFIER: 0587101155 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should 1 - withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unl the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employm( The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state thzt issued the order, you are to follow law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at 5717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us If you or your emoloyee/obligor have any questions contact WAGE ATTACHMENT UNIT Service Type M Page 2 of 2 OMB No. 0970.0154 Form EN-028 Worker ID ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WEIGHER, PETER T. PACSES Case Number 475105471 Plaintiff Name AMY J. WEIGHER Docket Attachment Amount 00425 S 2003 $ 2,425.00 Child(ren)'s Name(s): DOB BENJAMIN TYLER WEIGHER 11/08/90 LOGAN RENEE WEIGHER 06/14/93 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren 's Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number 535105827 Plaintiff Name AMY J. WEIGHER Docket Attachment Amount 03-4820 CIVIL$ 2,306.00 Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage availabl through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No, 0970-0154 Form EN-028 Worker ID ? i W n __ ? ? . i _ .? -ITII v ? ; `r -?.: ?c?? r ? _p - -'ri G- ,u ern J` ?_ .. =.f c ?^? J 7 J, (? "? AMY J. WEIGHER Plaintiff/Petitioner V. PETER T. WEIGHER Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4820 CIVIL ACTION - LAW IN DIVORCE PACSES #535105827 APPEAL OF RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE DATE OF ORDER: October 8, 2003 AMOUNT OF ORDER: $2,306.00 Per month FOR THE SUPPORT OF: Amy J. Weigher DATE OF APPEAL: October 17, 2003 REASON FOR APPEAL: The APL Order entered in this matter bears no rational relationship to the actual expenses of the Plaintiff. Furthermore, the Order not only inaccurately states the parties' respective incomes, it fails to take into consideration the fact that, as a realtor, the Defendant does not have a regular cash flow, which will make the payment of the Order as entered virtually impossible. NAME OF DEFENDANT REQUESTING APPEAL: SIGNATURE OF ATTORNEY FOR DEFENDANT: Peter T. Weigher PaulXIelvy, Esq. 1y. D.#53148 Kil 'an & GepharyL- 2 V. Pine St., P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 6 /6 CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within Appeal of Recommended Order for Alimony Pendente Lite upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Sandra L. Meilton, Esquire Tucker Arensberg, P.C. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Courtesy Conv Cumberland County Domestic Relations Section 13 North Hanover Street P. O. Box 320 Carlisle, PA 17013 Peggy Hile, Secretary to J. PAUL HELVY, ESQUIRE Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: October 17, 2003 4 T y T ?? ? ?1 ? l 7 ? ? ? (? ' __ v ? ?J ?r ? cs G _?, :? ., ?_ =? <? <' Ir AMY J. VS. PETER 725 HAI are ord DOMESZ before DECEME You ar Service i the Court of ommon Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WEIGHER ) Docket Number 03-4820 CIVIL laintiff ) PACSES Case Number 535105827 T. WEIGHER ) efendant ) Other State ID Number ORDER OF COURT You, AMY J. WEIGHER plaintiff/defendant of :DING ST, NEW CUMBERLAND, PA. 17070-1437-25 eredto appear It DOMESTIC RELATIONS HEARING RM 'IC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 a hearing offic r of the Domestic Relations Section, on the ER 3, 2003 at 9: ooAM for a hearing. further requi 1. a true copy of to bring to the hearing: 30 F our most recent Federal Income Tax Return, including fil 2. your pay stub 3, verification of for the preceding six (6) months, child care expenses, and -n 4. proof of meth al coverage which you may have, or may have available t J? 5. information re 6. other: acing to professional licenses ?o { Form CM-509 Cype M I Worker ID 21302 WEIGHER If you fail to court may issue a wt issue, the court may The appropri evidence presented 1 Date of Order: YOU HAVE THE P REPRESENT YOU ONE, GO TO OR WHERE YOU MA1 v. WEIGHER PACSES Case Number: 535105827 r for the conference/hearing or to bring the required documents, the for your arrest or enter an order in your absence. If paternity is an an order establishing paternity. court officer may enter an order against either party based upon the regard to which parry initiated the support action. !? 3 GHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD 'ELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 WITH DISABILITIES ACT OF 1990 The Court of comply with the An facilities and reason before the court, plf made at least 72 hou scheduled hearing. Service Type m ommon Pleas of CUMBERLAND County is required by law to icans with Disabilities Act of 1990. For information about accessible le accommodations available to disabled individuals having business e contact our office at: (717) 240-6225 . All arrangements must be prior to any hearing or business before the court. You must attend the Page 2 of 2 Form CM-509 Worker ID 21302 BY THE COURT: T p??f f71 ` O 7 .T.I 1 !? G C3 fV ? rj m .a CA In AMY J. VS. PETER '. 509 HAL are ordt DONEST before DECEMB You art Service the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WEIGHER ) Docket Number 03-4820 CIVIL Plaintiff ) PACSES Case Number 535105827 P. WEIGHER ) Defendant ) Other State ID Number ORDER OF COURT You, PETER THOMAS WEIGHER plaintiff/defendant of DEMAN BLVD, NEW CUMBERLAND, PA. 17070-1235-09 ,red to appear at DOMESTIC RELATIONS HEARING RM IC RELATION OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 a hearing offi er of the Domestic Relations Section, on the ER 3, 2003 at 9: ooAM for a hearing. further requ' ed to bring to the hearing: 0 1. a true copy o your most recent Federal Income Tax Return, including Vi has -'l 2. your pay st I s for the preceding six (6) months, 3= r 3. verification child care expenses, and F o r%3 4. proof of m cal coverage which you may have, or may have available tal ° 00 5. information elating to professional licenses o D 6. other: m c x=+ 49 N ? Form CM-509 type M Worker ID 21302 WEIGHER I V- WEIGHER PACSES Case Number: 535105827 If you fail to court may issue a w; issue, the court may The appropri evidence presented v for the conference/hearing or to baring the required documents, the nt for your arrest or enter an order in your absence. If paternity is an er an order establishing paternity. court officer may enter an order against either party based upon the out regard to which party initiated the support action. BY THE COURT: Date of Order: YOU HAVE THE K REPRESENT YOU. ONE, GO TO OR I WHERE YOU MAY The Court of comply with the Am facilities and reasorm before the court, ple, made at least 72 hour scheduled hearing. 3 GHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 WITH DISABILITIES ACT OF 1990 ommon Pleas of CUNffiERLAM County is required by law to ricans with Disabilities Act of 1990. For information about accessible Ie accommodations available to disabled individuals having business e contact our office at: (717) 240-6225 . All arrangements must be prior to any hearing or business before: the court. You must attend the Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 G C ' w I S Q T t -4 t , N -?7fn r Ch L;. ?D ?`j l 41 7C ,3 L-i m cn 5M; i eS? 7 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Gvl I State Commonwealth of Pennsylvania 4151© 5'H-11 0Original Order/Notice Co./City/Dist. of CUMBERLAND / _ J O Amended Order/Notice Date of Order/Notice 11/04/03 t-'(p1 7 IS .1-0 63 O Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) RE: WEIGHER, PETER T. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) REMAX REALTY ASSOCIATES 3425 MARKET ST CAMP HILL PA 17011-4428 181-56-5337 Employee/Obligor's Social Security Number 0587101155 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in medical support $ o , o o per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below, You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ 0. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: November 6, 2003 i7esley Ol ?, , Cam/ J, 41i// Form EN-028 Service Type M OMB 4 O.: 09)0015 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifhhecked you are required to provide a Copy of this form to your employee. If yo r employee .%o ks in a state that is di erent ffrom the state that issueedd this or er, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2516512040 EMPLOYEE'S/OBLIGOR'S NAME:_ WEIGHER, PETER T. EMPLOYEE'S CASE IDENTIFIER: 0587101155 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240.6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 097"154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WEIGHER, PETER T. PACSES Case Number 475105471 Plaintiff Name AMY J. WEIGHER Docket Attachment Amount 00425 S 2003 $ 0.00 Child(ren)'s Name(s): DOB BENJAMIN TYLER WEIGHER 11/08/90 LOGAN RENEE WEIGHER 06/14/9.3 PACSES Case Number 535105827 Plaintiff Name AMY J. WEIGHER Docket Attachment Amount 03-4820 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M ID $IATT OMB No.: 0910-0154 Worker .t 0 CD ;-) co r c- r t O <: AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PETER T. WEIGHER, Defendant NO. 03-4820, PACSES 535105827 ALIMONY PENDENTE LITE CIVIL ACTION - LAW PETITION FOR CONTEMPT AND NOW comes Amy J. Weigher, Plaintiff, through her attorneys, Tucker Arensberg. P.C., and hereby petitions this Honorable Court as follows: 1. On or about October 8, 2003, Orders were entered by this Honorable Court with regard to child support and alimony pendente lite. 2. Said Orders direct Defendant that his "First payment due on or before the 20'h day of each month, commencing October, 2003." and provides Defendant with PA SCDU's address and other pertinent information for forwarding payments. 3. As of December 3, 2003, the records at Domestic Relations reflect that Defendant has made no payments to PA SCDU on either of the above docketed matters. 4. Defendant is, therefore, in contempt of said Orders. 5. Plaintiff has incurred counsel fees in connection with Defendant's failure to meet his obligations under the said Court Orders. WHEREFORE, Plaintiff prays this Honorable Court to (a) Hold Defendant in contempt of the Court Orders dated October 8, 2003. (b) Order Defendant to pay all arrears in a lump sum payment on said Orders within ten (10) days. (c) Order that Defendant fulfill his obligations under the said Orders and to immediately commence payments to PA SCDU on a consistent monthly basis as stated in said Orders. (d) Award Plaintiff counsel fees in the amount of $1,000 to be paid by Defendant within ten (10) days. (e) To provide Plaintiff with any other relief which the Court deems appropriate. Respectfully submitted, andra L. Meilton, I.D. 32551 TUCKER ARENSBERG, P.C. 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 Dated: 131- 3-03 ATTORNEYS FOR PLAINTIFF VERIFICATION I, Amy J. Weigher, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. eigher DATED:_ /,J- 3 C)"_ CERTIFICATE OF SERVICE 2 ? n AND NOW, this Z day of Q?c.Pw, , 2003, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, addressed as follows: J. Paul Helvy, Esquire P.O. Box 886 Harrisburg, PA 17108 Gloria M. Rine 64441.1 c -VITI C 41 ;;l ?m -G ?O -G AMY J. WEIGHER, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY. PENNSYLVANIA V. PETER T. WEIGHER, Defendant NO. 03-4820, PACSES 535105827 ALIMONY PENDENTE LITE CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 16f L day of Dag , 2003, upon consideration of the attached Petition for Contempt, a hearing shall be held on the 6 X-k?l day of 200, , at y;00 o'clock C .m. in Court Room No. /, ?t/ Floor, Cumberland County Court House, Carlisle, PA 17013. BY THE COURT, "kc?2. J. . ? t , ?f?P?!h1,4S,ti?pd?? r :? :; r 1 ??u t; ??°> _: ; _. AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PETER T. WEIGHER, Defendant NO. 03-4820, PACSES 535105827 ALIMONY PENDENTE LITE CIVIL ACTION - LAW PRAECIPE Plaintiff hereby withdraws the Petition for Contempt filed in the above matter. Plaintiff hereby respectfully requests that the hearing set before the Honorable J. Wesley Oler, Jr., for February 4, 2004, at 9:00 a.m. be, therefore, cancelled. Respectfully submitted, Sandra L. Meiltonn, .DG Dated: I ??-3/0 ---z' TUCKER ARENSBERG, P.C. 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE AND NOW, this day of 2003, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, addressed as follows: J. Paul Helvy, Esquire P.O. Box 886 Harrisburg, PA 17108 The Honorable J. Wesley Oler Cumberland County Court House One Courthouse Square Carlisle, PA 17013 Gloria M. Rine 64934.1 - N CO ?l 'il (.J 3 C -i _ ` ' iII i C _ f'rl C..% ?? .1-? _- ' . _.._ _,. __ f.l I AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PETER T. WEIGHER, Defendant NO. 03-4820 CIVIL TERM ORDER OF COURT AND NOW, this 29 h day of December, 2003, upon consideration of the attached letter from Sandra L. Meilton, Esq., attorney for Plaintiff, the hearing previously scheduled for February 6, 2004, on Plaintiffs Petition for Contempt, is cancelled. v$'andra 1. Meilton, Esq. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 Attorney for Plaintiff ?f Paul Helvy, Esq. P.O. Box 886 Harrisburg, PA 17108 Attorney for Defendant :rc BY THE COURT, E 0 :£ ?'i4 GZ 010 COE TUCKER ARENSBERG Attorneys December 23, 2003 J. Paul Helvy, Esquire P.O. Box 886 Harrisburg, PA 17108 RE: Weigher Dear Paul: Sandra L. Wilton smeifton@tuckerlaw.com Enclosed herewith is a time stamped copy of the praecipe filed this date with the Court to withdraw the Petition for Contempt filed by our office on behalf of Amy Weigher. As you will note, we are requesting that the hearing before Judge Oler be, therefore, cancelled and by copy of this letter, I am providing him with a copy of the praecipe. Thank you. Sincerely, TUCKE RENSBERG, P.C. Sandra L. Meilton SLM:gmr Enclosure cc: Mrs. Amy Weigher The Honorable J. Wesley Oler. Jr. L (with enclosure to each) 64963.1 Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 www.tuckerlaw.com p. 800.257.4121 p. 717.234.4121 f. 717.2:12.6802 T-107 P103/003 F-320 MAY-13-04 09:58 FROM-Cumberland County Domestic Relations 7172406249 212m14 ?d (,Ke ? _#__ "Al 63,L(TRO CtVit CUMBERLAND COUNTY DOMESTIC RELATIO Request for Support Record Search Date of Application: - „ _ Name: -0-; . (Last Address: Social Security Number: 181-_ Domestic Relations Case Number party Requesting Information: P_ r Name of (MI) ,j ?n 1 7Cs'7C ) y (Address) (Teleph neNumber) (p l-obi`) (S' nature / Fax mber) A Twenty Dollar ($20.00) Fee is Due per Social Security Number make check or money order payable to: DRS/Lieu Search _ INITIAL. REQUEST Has no Record in Domestic Relations as of.': pate) Support Arrears as of End of Month prior to Date of Application: Obligation: $ 3? ±a - Monthly Total Support 2 k a S-a`, q75 coa Y*7 The Amount Shown above is reflected in the Domestic Relations cerrinn Office of Cumberland County,pennsylvania.3Slas_.'a7 ( tn# OSf?!o//Sr - Domestic Relations Case N mber: ,?y-?s-yasY? Signed: (Lien Search Coordinator) BRING-DOWN REQUEST Support Arrears: Signed: (Lien Coordinator) As Of: s-?" Y_ (Date) ?.. (Date) (Date) *** Lien Satisfisfaction Receipt Available Upon Request*** C; r-.? .? _ C' ? _ `'? .a:- 'n ITi; ' -r ii9 : ?_ " V:? 'V -n ?,?; '. ,, U _ ??? '' .. j - ' G` iii PJ ::1 lCJ < James E. Ellison, Esquire Attorney I.D. No. 81372 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF DOROTHY J. EWING, Executrix IN THE COURT OF COMMON PLEAS OF of the Estate of HARRY W. CUMBERLAND COUNTY, PENNSYLVANIA EWING, Deceased, Plaintiff CIVIL ACTION - LAW NO. 04-4820 V. DONALD BRUAW, D.O., ALAN D. ROUMM, M.D., SANFORD AND ROUMM RHEUMATOLOGY, BARBARA K. KUNKEL, M.D., RICHARD STEWART, M.D., QUANTUM IMAGING and THERAPEUTIC ASSOCIATES, INC., LAWRENCE B. ZIMMERMAN, M.D., INTERNISTS OF CENTRAL PENNSYLVANIA, LTD. and BGTSPB GROUP, Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT PRE-COMPLAINT DISCOVERY NOW COMES, Plaintiff, Dorothy Ewing, Executrix of the Estate of Harry W. Ewing, by his attorneys, Rhoads & Sinon, LLP, and files the within Motion for Leave to Conduct Pre-Complaint Discovery, as follows: 1. Plaintiff, instituted suit by filing a Praecipe for Writ of Summons on September 23, 2004 (See Exhibit "I") in connection with the death of her decedent, Harry Ewing, which is believed to have resulted from a delayed cancer diagnosis caused by the negligence of the named defendants. 538498.2 2. Accompanying the Praecipe for Writ of Summons was pre-Complaint Discovery, in the form of Interrogatories and Request for Production of Documents (See Exhibits "2" and "Y), which seeks information relative to these incidents. 3. On November 1, 2004, Defendant Quantum Imaging responded to Plaintiff's discovery request for production of documents. (See Exhibit "4".) 4. On November 8, 2004, Defendants' Richard Stewart, M.D. and Quantum Imaging and Therapeutic Associates, Inc. responded to Plaintiff's discovery requests. Defendants' provided multiple objections to Plaintiff's discovery, primarily asserting that the sought information was not necessary for the filing of a Complaint. (See Exhibit "5".) 5. On or about October 22, 2004, Counsel for Defendants Roumm and Sanford and Roumm Rheumatology filed a Praecipe for Rule to File a Complaint which, in effect, seeks to abrogate Plaintiff's pre-Complaint discovery efforts. 1 (See Exhibit "6".) 6. Pre-complaint discovery is permissible if it is shown, first, that the Plaintiff has set forth a prima facie case, and second, that the Plaintiff cannot otherwise prepare and file Complaint without the requested discovery. Luckett v. Blaine, et al., 850 A.2d 811, 818 (Pa. Commw. 2003). 7. Pre-complaint discovery is appropriate to obtain particular facts, such as all the proper parties liable to the Plaintiff for injury, or the identity and whereabouts of witnesses. See id. ' Subsequently, several other Defendants filed Rules to File a Complaint. Defendants Lawrence Zimmerman, M.D. and Internists of Central PA, Ltd., October 26, 2004 (See Exhibit "T'); and Defendants Richard Stewart, M.D., and Quantum Imaging and Therapeutic Associates, Inc., October 28, 2004 (See Exhibit "8"). Plaintiff anticipates additional Rules to File a Complaint may be filed, and requests this Court's Order be applicable to all named Defendants. 8. Instantly, the decedent had been treating for an illness since 1996. Medical records clearly indicate that a malignant tumor in his lung, in 1996, could not be ruled out. However, the decedent was diagnosed with Wegener's Granulomatosis, and medicated for same. Despite his gradually declining physical health, he was continuously diagnosed with and treated for Wegener's. In October of 2002, the decedent was diagnosed with lung cancer. Subsequent tests revealed the decedent had been suffering from cancer for several years. Bluntly stated, the diagnosis and treatment of Weneger's was incorrect, and concerns over the decedent's tumor in 1996 went unaddressed. 9. Pre-complaint discovery in this matter will serve to identify all licensed professional involved in the care and treatment rendered to the decedent, and will reveal the whereabouts of potential witnesses. Furthermore, discovery may reveal that some named Defendants bear no responsibility for the misdiagnosis, and judicial economy would be best served by discovering this information now, and properly discontinuing the action as to those licensed professionals. 10. Pre-Complaint Discovery is necessary and essential for Plaintiff to draft a detailed and precise, factual Complaint as required by the Pa.R.Civ.P. 1019. 11. In addition, numerous documents necessary to enable Plaintiff to prepare a Complaint have been requested. (See Exhibit 'T'). It is anticipated that after Defendant has fully answered Plaintiff's pre-Complaint Request for Production of Documents and Interrogatories, several witnesses will be identified who must be deposed prior to filing a Complaint. 12. Pa.R.Civ.P. 4001(c) specifically authorizes discovery for the preparation of pleadings. 13. Pa.R.Civ.P. 4009.11(a) authorizes a Request for Production of Documents to be filed with or after service of original process. 14. Pa.R.Civ.P. 4003.1(a) provides that "a party may obtain discovery regarding any matter not privileged which is relevant to the subject matter involved in the pending action..." 15. Defendants have not at the present time filed a Motion for Protective Order. However, if Plaintiff is required to file a Complaint within 20 days of the Rule, it would allow Defendants to circumvent the Pennsylvania. Rules of Civil Procedure's well-established mechanisms recognizing Plaintiff's right to pre-Complaint discovery. WHEREFORE, Plaintiff requests that this Court grant Plaintiff leave of court to conduct pre-complaint discovery and preclude the issuance of a rule to file complaint until 30 days after completion of pre-Complaint discovery. RHOADS & SINON LLP By. /es Ellison, Esquire Attorney I.D. NO. 81372 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF S, II ; i I "'IV 2 1 1, "D ?14 l'i`u"N James E. Ellison, Esquire Attorney I.D. No. 81372 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF DOROTHY J. EWING, Executrix IN THE COURT OF COMMON PLEAS OF of the Estate of HARRY W. CUMBERLAND COUNTY, PENNSYLVANIA EWING, Deceased, Plaintiff CIVIL ACTION - LAW NO. 04-4820 V. DONALD BRUAW, D.O., ALAN D. ROUMM, M.D., SANFORD AND ROUMM RHEUMATOLOGY, BARBARA K. KUNKEL, M.D., RICHARD STEWART, M.D., QUANTUM IMAGING and THERAPEUTIC ASSOCIATES, INC., LAWRENCE B. ZIMMERMAN, M.D., INTERNISTS OF CENTRAL PENNSYLVANIA, LTD. and BGTSPB GROUP, Defendants JURY TRIAL DEMANDED CERTIFICATE OF NONCONCURRENCE Plaintiff's counsel, James E. Ellison, Esq., avers that on November 11, 2004, my associate, James J. Jarecki, Esq., phoned Michael Badowski, Esq., to seek his concurrence. Attorney Badowski did not return my associate's call. .?G, BXec33mX e $stat ed, °f t eee g°ad 25 ylalntiff 128 Bnn A 11 En°la' Y S0 OT4 yL?LV Ate' OAT O O O1?yEr?S C?LgyPd`SD ?TxBC C p,C110 ?? C ooy, N v• V1 "D .O .qOt4ALD B? aDlive 56S°°thp,1?025 d A?`? D' ROB RO?? Sp1?O? O OGX °ad R?y? ? Cur 1? p 1 p A r_ At Camp i11°y L,D '5AC?? ST?.? o? and Qu A ?ZC ASS T1?B? TO THE tacchR°ad Il`lC'St 3ol?ns c l-?pll YOU AR qp5 X11 y A C?'p ? Z?MB?? gAL AN ACTT ?CEBIsis 0 C 1.TD' LA TE B &0 . • TEL DB?iP+I? dB etY S Y 0 L°wtbY p,tl? p?3 Defendants T OF Su1V1O1? Lem°?e' CIYE .vo ow b°ve_capti°n` Y ? Defend?'ts in the a R0T?O?OT°ns a?a?nst the TO Thy ?SSUe aWnt °f Su Please 533g09•l James E. Ellison, Esquire Attorney I.D. No. 81372 James J. Jarecki, Esquire Attorney I.D. No. 89580 RHOADS & SINON LLP One South Market Square, 12"' Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff DOROTHY J. EWING, Executrix IN THE COURT OF COMMON PLEAS OF of the Estate of HARRY W. CUMBERLAND COUNTY, PENNSYLVANIA EWING, Deceased, Plaintiff CIVIL ACTION - LAW NO. V. DONALD BRUAW, D.O., ALAN D. ROUMM, M.D., SANFORD AND ROUMM RHEUMATOLOGY, BARBARA K. KUNKEL, M.D., RICHARD STEWART, M.D., QUANTUM IMAGING and THERAPEUTIC ASSOCIATES, INC., LAWRENCE B. ZIMMERMAN, M.D., INTERNISTS OF CENTRAL PENNSYLVANIA, LTD. and BGTSPB GROUP, Defendants : JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES DIRECTED TO ALL DEFENDANTS - SET I TO: ALL DEFENDANTS PLEASE TAKE NOTICE that you are hereby notified and required to answer separately, fully, in writing, and under oath, within thirty (30) days of receipt of this Notice and to serve your answers thereto on the undersigned in accordance with Pennsylvania Rule of Civil Procedure No. 4001, et M. These Interrogatories shall be deemed to be continuing Interrogatories. If you or anyone acting on your behalf learn of further information responsive to these Interrogatories not contained in your Answers between the time of your Answers to these Interrogatories and the time 534077.4 set for hearings in this matter, you are under a duty to promptly notify the undersigned of such further information by way of a supplemental Answer. The Plaintiff reserves the right to conduct additional discovery. DEFINITIONS TO INTERROGATORIES The following definitions are applicable to each Interrogatory and are incorporated by reference in each Interrogatory. The Interrogatories must be read in the light of these definitions and your Answers must be responsive to the Interrogatories as so defined: 1. "Document": The term "document" means any written, recorded, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither, including drafts or copies bearing notations or marks not found on or in the original, and includes but is not limited to: (a) all letters or other forms of correspondence of communication, including e- mail, envelopes, notes, telegrams, cables, telex messages, messages (including reports, notes, notations and memoranda of or relating to telephone conversations or conferences); (b) all memoranda, reports, test results, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical records, compilations; (c) all desk calendars, appointment books, diaries; (d) all books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals; (e) all minutes or transcripts of all meeting; and (f) all photographs, microfilms, phonographs, tapes or other records, punch cards, magnetic tapes, discs, data cells, drums, print-outs, and other data complications from which information can be obtained. 2. "Identify," "Identity" or "Identification": (A) When used in reference to a natural person, the terms "identify," "identity" or "identification" mean to provide the following information: (i) his/her full name; - 2 - (ii) his/her present or last known business address; (iii) his/her present or last known business affiliation; and, (iv) his/her present or last known business position (including job title and a description of job functions, duties and responsibilities). (B) When used with reference to any entity other than a natural person, state: (i) its full name; (ii) the address of its principal place of business; (iii) the jurisdiction under the laws of which it has been organized or incorporated and the date of such organization or incorporation, if known; (iv) in the case of a corporation, the names of its directors and principal officers; and, (v) in the case of an entity other than a corporation, the identities of its partners or principals or all individuals who acted or who authorized another to act on its behalf in connection with the matters referred to. (C) When used in reference to a document, the terms "identify," "identity" or "identification" mean to provide the following information: (i) the nature of the document (e.g., letter, contract, memorandum) and any other information (i.e., its title, index or file number) which would facilitate in the identification thereof; (ii) its date of preparation; (iii) its present location and the identity (as defined in paragraph 2(A) hereof) of its present custodian or, if its present location and custodian are not known, a description of its last known disposition; (iv) its subject matter and substance or, in lieu thereof, annex a legible copy of the document to the answers to those interrogatories; (v) the identity (as defined in paragraph 2(A) hereof) of each person who performed any significant function or had any role in connection therewith (i.e., author, contributor of information, recipient, etc.) or who has any knowledge; and, - 3 - (vi) if the document has been destroyed or is otherwise no longer in existence or cannot be found, the reason, if known, why such document no longer exists, the identity (as defined in paragraph 2(A) hereof) of the people responsible for the document no longer being in existence and of its last known custodian. (D) When used in connection with an oral communication, the terms "identify," "identity" and "identification" mean to provide the following information: (i) its general nature (i.e., conference, telephonic communication, etc.); (ii) the time and place of its occurrence; (iii) its subject matter and substance; (iv) the identity (as defined in paragraph 2(A) hereof) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof; and, (v) the identity (as defined in paragraph 2(C) hereof) of each document which refers thereto or which was used, referred to or prepared in the course or as a result thereof. 3. "Relates to": The terms "relates to" or "relating to" when used in connection with any act, action, activity, accounting, practice, process, occurrence, occasion, course of conduct, contractual provision or document, happening, relationship, scheme, conference, discussion, development, service, instance, incident, event, etc., means used or occurring or referred to in the preparation therefore, or in the course thereof, or as a consequence thereof, or referring thereto. 4. "Person": The term "person" means all natural persons, corporations, partnerships or other business associations, public authorities, municipal corporations, state governments, local governments, all governmental bodies, and any other legal entities. 5. Answer by Reference to Documents: If any Interrogatory is answered by reference to a document or group of documents, with respect to each such Interrogatory Answer, identify (as defined in paragraph 2(C) hereof) the specific document or documents containing the requested information. - 4 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Harry W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean Alan D. Roumm, M.D., and his agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Harry W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean, Donald Bruaw, D.O., and his agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Harry W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean, Sanford and Roumm Rheumatology, and its agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Harry W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean, Richard Stewart, M.D., and his agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Harry W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean, Quantum Imaging and Therapeutic Associates, Inc., and its agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Harry W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean, Lawrence B. Zimmerman, M.D., and his agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Harry W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean, Internists of Central Pennsylvania, Ltd., and its agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Harry W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean, BGTSPB Group, and its agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - If you refer to, identify, or otherwise rely upon a document when you answer these Interrogatories, please attach a copy of that document. If you refuse to do so and assert the privilege set forth the grounds for that privilege or the grounds for the objection. 6. Claim of Privilege: If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state such ground on which you claim that such document or oral communication is privileged. 7. Incident in Question: The term "incident in question" means the care and treatment provided by Defendant to Hang W. Ewing, Deceased. 8. "Defendant": The term "Defendant" shall mean, Barbara K. Kunkel, M.D., and her agents, servants, and/or employees. 9. "Healthcare provider": The term "healthcare provider" shall include physician, physician assistant, resident, medical student, registered nurse, licensed practical nurse, and certified nursing assistant. 10. "Remaining Named Defendants": All other individuals and organizations listed as defendants in the caption of this action as reflected on the first page of these interrogatories. - 5 - INTERROGATORIES 1. Fully explain your current business and contractual relationship with any and all of the remaining defendants named in this action. - 6 - 2. State your full name, address, date of birth and Social Security Number. 3. Please state whether you were covered by or were the subject of any liability insurance policies for the injuries arising out of the instant action. - 7 - 5. If your answer to the preceding interrogatory is in the affirmative, please state the following: a. Name and address of the company issuing each policy; b. Policy number of each such policy; c. Names and addresses of the persons named under each such policy; d. Limits of liability; e. Whether the insurance company issuing each policy has denied coverage with respect to this incident for any reason; and if so, the nature and reason given for such denial; £ Whether the insurance company issuing each policy has required the execution of any agreement by you or on your behalf before undertaking to investigate and/or defend this action; and if so, 1) The nature of such agreement; 2) The reason the agreement was required; 3) Whether or not you or any other person acting on your behalf executed the agreement. g. Whether or not each of said policies provide coverage for the damages set forth in the Complaint; and, h. Whether the policy was in full force and effect on the date of Mr. Ewing's death. - 8 - 6. State whether this case is being defended by an attorney who has entered his or her appearance on your behalf subject to a reservation of rights agreement between you and your insurance carrier. - 9 - 7. Have you or anyone acting on your behalf obtained from any person any statement concerning Harry W. Ewing regarding this action or its subject matter. If so, state: a. The name and last known address of each such person; b. When, where and to whom each statement was made and whether it was reduced to writing or otherwise recorded; c. The name and address of any such person who has custody of any such statement that was reduced to writing or otherwise recorded; - 10 - 8. Do you contend any document requested in Plaintiff's Request for Production of Documents or any information requested in these Interrogatories is protected by the Peer Review Protection Act? If so, please state with reasonable particularity the items which are not being produced because of any alleged Peer Review objection. - 11 - 9. If you, or someone not an expert subject to Pa. R.C.P. 4003.5, conducted any investigations of the incident, identify: a. each person, and the employer of each person, who conducted any investigation(s); and b. all notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. - 12 - to. Set forth the date(s) you medically evaluated Harry W. Ewing and the nature of such evaluation. - 13 - 11. If you have ever been certified by any specialty board, or if you are now or have ever been a member of any specialty board, set forth the following: a. the name and address of each specialty board; b. the date you were certified or became a member; and c. if you are no longer certified or a member, give the date your certification or membership was terminated and the reason for such termination. - 14 - 12. Identify all hospitals with which you were affiliated prior to 2003 and, with respect to each such hospital, set forth your position(s) and responsibilities. - is - 13. Identify any association or partnership with any other medical practitioner at the time of the incident. - 16 - 14. Have you spoken to anyone at your professional liability insurance company regarding Harry W. Ewing on or after March 18, 1996, but prior to receiving the Writ of Summons related to this, matter? If the answer is in the affirmative, please state: a. the date of the discussion b. name and address of each person involved in the discussion; c. subject matter of each discussion; d. action taken, if any, as a result of the discussion. - 17 - 15. Have you provided to anyone at your professional liability insurance company any written statements regarding Harry W. Ewing on or after March 18, 1996, but prior to receiving the Writ of Summons related to this matter? If the answer is in the affirmative, please state: a. the name of the person to whom the statement was made; b. on what date was the statement made; c. subject matter of the statement; and d. action take, if any, as a result of the statement. (This interrogatory can be answered by providing a copy of all statements as referenced in this particular paragraph.) - 18 - 16. Have you spoken to anyone at your professional liability insurance company regarding Harry W. Ewing or any of the matters set forth in the instant action. If the answer is in the affirmative, please state: a. the date of the discussion; b. name and address of each person involved in the discussion; c. subject matter of each discussion; and d. action taken, if any, as a result of the discussion. - 19 - 17. If you ever spoke with any other healthcare provider in connection with the care and treatment of Harry W. Ewing from March 18, 1996 up through and including the present, set forth: a. the date(s) of the consultation; b. the identity of the practitioner; c. the subject matter of the consultation; d. action taken as a result of the consultation; and e. the identity of any documents relating to the consultation. - 20 - 18. Did you make and/or keep any records regarding the care and treatment of Mr. Ewing, independent of those maintained by the remaining named defendants. If so, state: a. a summary of those records; b. the current location of those records; (In response to this interrogatory, if such records are kept, this interrogatory may be answered by simply providing a copy of all records as described in this paragraph.) - 21 - 19. If you have ever had any staff privileged revoked or curtailed at any hospital, for each such privilege, state: a. a description of the privilege; b. whether it was revoked or curtailed, and, if curtailed, in what way; c. the date the privilege was revoked or curtailed; d. the reason the privilege was revoked or curtailed; and e. the name of the disciplinary body which revoked or curtailed the privilege. - 22 - 20. If you ever changed any diagnosis you made of Mr. Ewing's condition, for each change, state: a. a description of the diagnosis change; b. the time in which you made such diagnosis change; and c. the reason you made the change, indicating each fact on which the change in diagnosis was based. - 23 - 21. If any additions, deletions, or corrections were made to the medical records of Harry W. Ewing following the date of completion, please state: a. date of any addition, deletion or correction; b. name, address, telephone number and current whereabouts of the person(s) who made the same; c. reason(s) for any addition, deletion or correction; d. name, address, telephone number and present whereabouts of the person(s) who authorized said addition, deletion or correction; e. location on medical records where said addition, deletion or correction was made; and f. state the nature of the said change. - 24 - 22. To the extent you contend and/or believe that a person other than yourself was responsible for Mr. Ewing's injuries, for each person, state: a. the person's name, telephone number, job title or capacity, and b. the facts on which you base your contention that this person was responsible for Mr. Ewing's injuries. - 2S - 23. If there are any other individuals whom you are aware of that may possess knowledge or information concerning this case, and this person's name is not listed in the preceding answers to these interrogatories, for each person, state: a. the person's name, address, and telephone number; b. the address of the place each person is employed; and c. the person's occupation and job title. RHOADS & SINON LLP By: ?' 7 James E. Ellison James J. Jarecki One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff - 26 - James E. Ellison, Esquire Attorney I.D. No. 81372 James J. Jarecki, Esquire Attorney I.D. No. 89580 RHOADS & SINON LLP One South Market Square, 12t' Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff DOROTHY J. EWING, Executrix IN THE COURT OF COMMON PLEAS OF of the Estate of HARRY W. CUMBERLAND COUNTY, PENNSYLVANIA EWING, Deceased, Plaintiff CIVIL ACTION - LAW NO. V. DONALD BRUAW, D.O., ALAN D. ROUMM, M.D., SANFORD AND ROUMM RHEUMATOLOGY, BARBARA K. KUNKEL, M.D., RICHARD STEWART, M.D., QUANTUM IMAGING and THERAPEUTIC ASSOCIATES, INC., LAWRENCE B. Z134MERMAN, M.D., INTERNISTS OF CENTRAL PENNSYLVANIA, LTD. and BGTSPB GROUP Defendants : JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO ALL DEFENDANTS TO: ALL DEFENDANTS PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa. R. Civ. P. 4009, as amended, to produce for inspection, examination and copying the following documents, at the offices of Rhoads & Sinon LLP, One South Market Square, P. O. Box 1146, Harrisburg, PA 17108-1146, not later than thirty (30) days after service of this Request. This Request shall be continuing. If, between the time of trial of this case, you or anyone acting on your behalf learn of additional documents responsive to this Request, you shall produce such document by Supplemental Response. 533950.3 DEFINITIONS AND INSTRUCTIONS 1. "You", "your" or "Defendant" refers to Barbara K. Kunkel, M.D., her agents, representatives or attorneys. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, e- mail, intra-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or f. A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. - 2 - DEFINITIONS AND INSTRUCTIONS 1. "You", "your" or "Defendant" refers to Alan D. Roumm, M.D., his agents, representatives or attorneys. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, e- mail, intra-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or f. A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. - 2 - DEFINITIONS AND INSTRUCTIONS 1. "You", "your" or "Defendant" refers to Richard Stewart, M.D., his agents, representatives or attorneys. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, e- mail, intra-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or f. A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. - 2 - DEFINITIONS AND INSTRUCTIONS 1. "You", "your" or "Defendant" refers to Quantum Imaging and Therapeutic Associates, Inc., its agents, representatives or attorneys. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, e- mail, intea-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or f. A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. - 2 - DEFINITIONS AND INSTRUCTIONS 1. 'You", "your" or "Defendant" refers to Lawrence B. Zimmerman, M.D., his agents, representatives or attorneys. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, e- mail, intra-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or f. A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. - 2 - additional documents responsive to this Request, you shall produce such document by Supplemental Response. DEFINITIONS AND INSTRUCTIONS 1. "You", "your" or "Defendant" refers to Internists of Central Pennsylvania, Ltd., its agents, representatives or attorneys. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, e- mail, intea-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or f. A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. - 2 - DEFINITIONS AND INSTRUCTIONS 1. "You", "your" or "Defendant' 'refers to BGTSPB Group, its agents, representatives or attorneys. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, e- mail, intra-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or £ A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. - 2 - DEFINITIONS AND INSTRUCTIONS 1. "You", "your" or "Defendant" refers to Sanford and Roumm Rheumatology, its agents, representatives or attorneys. 2. "And" and "or" shall be construed conjunctively and disjunctively so as to bring within the scope of this Request for Production any information which might otherwise be construed to be outside its scope. 3. "Document" means any correspondence, memoranda inter-office communication, e- mail, intra-office communication, agreement, minute, report, note, schedule, check, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, and including any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable from which information may be used. 4. If you claim that the subject matter of a document or oral communication is privileged, you are required to identify the document or communication by stating the following information: a. Its nature (e.g., letter, memorandum, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and job position of the person, if any to whom the document was sent; e. The name, address, employer and job position of each person known or believed to have originals or copies of the documents; or f. A brief statement of the subject matter of the document; and state the ground or basis on which you contend that the document or oral communication is privileged. - 2 - 5. If you do not have possession, custody or control of a document requested, but know who does have possession, custody or control, you are required to identify the document and the person who has possession, custody or control in the manner requested in subparagraph 4 above. REQUESTS FOR PRODUCTION 1. A current copy of your curriculum vitae. 2. Any and all incident reports and/or occurrence reports which you prepared or reviewed which relate to, or mention in any manner, Harry W. Ewing. 3. All exhibits or demonstrative evidence to be offered or used for any purpose at time of trial. 4. Statements obtained from any witness or any other person having knowledge of the facts giving rise to this lawsuit. 5. All documents identified in your answers to any set of Interrogatories. 6. Any and all documents sent to you by your professional liability insurance company related in any manner to the care you provided to Harry W. Ewing on March 18, 1996 to November 4, 2003. 7. Any and all documents you sent to your professional liability insurance company related in any manner to the care you provided to Harry W. Ewing on March 18, 1996 to November 4, 2003. 8. A copy of any and all insurance policies, including the declaration sheet, covering the incident in question 9. The entire contents of the investigative file obtain, developed or possessed by you, or anyone acting on your behalf, excluding the mental impressions of your attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and also excluding the mental impressions, conclusions or opinions of your representatives other than your attorney, respecting the value or merits of any claims or defenses, or respecting strategy or tactics. - 3 - 10. All documents in your possession which mention Harry W. Ewing except those protected by attorney/client privilege. 11. Any and all records in your possession regarding the care and treatment of Harry W. Ewing, independent of those maintained by Holy Spirit Hospital. 12. Any and all documents reflecting the contractual arrangement between you and Holy Spirit Hospital Hospital. 13. A copy of all contracts and/or agreements between you and Holy Spirit 14. Any and all incident, MIS and/or unusual occurrence reports prepared in connection with the incident giving rise to this lawsuit. RHOADS & SINON LLP By: James E. Ellison James J. Jarecki One South Market Sqr. 12ffi Mr. Harrisburg, PA 17101 (717) 233-5731 Attorneys for Plaintiff - 4 - DOROTHY J. EWING, Executrix of the Estate of HARRY W. EWING, Deceased, Plaintiff vs. DONALD BRUAW, D.O., ALAN D. ROUMM, M.D., SANFORD AND ROUMM RHEUMATOLOGY, BARBARA K. KUNKEL, M.D., RICHARD STEWART, M.D., QUANTUM IMAGING and THERAPEUTIC ASSOCIATES, INC., LAWRENCE B. ZIMMERMAN, M.D., INTERNISTS OF CENTRAL PENNSYLVANIA, LTD. and BGTSPB GROUP Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NO.: 04-4820 RESPONSE OF DEFENDANT QUANTUM IMAGING TO PLAINTIFF'S REQUEST FOR PRODUCTION 1. Not applicable. 2. Objection. Defendant objects to this request in that it is vague, overly broad, unduly burdensome for response, and to the extent that it is asking for attorney work product, attorney client privileged information, information protected by the Peer Review Protection Act, information in breach of the confidentiality provisions of the MCARE Act, or information that is otherwise outside the scope of permissible discovery. 3. Trial exhibits have not yet been determined, but at the present time it is anticipated that they will include, but not be limited to, all of decedent's medical records and x-rays, including all of the x-ray reports that are attached hereto as exhibit A. 4. Objection. Defendant objects to this request in that it is vague, overly broad, unduly burdensome for response, and to the extent that it asks for attorney work product, attorney client privileged information, information beyond the scope of 4003.5, information protected by the Peer Review Protection Act, information in breach of the confidentiality provisions of the MCARE Act, or information otherwise outside the scope of permissible discovery. Subject to these objections, by way of further response, at the present time Defendant is not in possession of any discoverable statements as defined by Pa. R. C. P. 4003.4 other than what is a part of the attached radiology reports. SL I 487192v I /41199.074 5. Not applicable. 6-7. Objection. Defendant objects to this request in that it is vague, overly broad, unduly burdensome for response, and asks for attorney work product, attorney client privileged information, information beyond the scope of Pa. R. C. P. 4003.5, information protected by the Peer Review Protection Act, information in breach of the confidentiality provisions of the MCARE Act, or information otherwise outside the scope of permissible discovery. 8. Insurance coverage is under investigation and all applicable insurance information will be disclosed when available. 9. Objection. Defendant incorporates its objections to requests numbers 6 and 7 herein by reference as if set forth fully. Subject to these objections, by way of further response, the only discoverable documents contained in Defendant's file at the present time are the radiology reports, copies of which are attached hereto. 10-11. Objection. Defendant incorporates its response to request number 9 herein by reference as if set forth fully. 12-13. Objection. Defendant objects to this request in that it is vague, overly broad, unduly burdensome for response, and to the extent that the information requested is irrelevant and not reasonably calculated to lead to the discovery of any admissible evidence. To the extent required in the future, this response will be supplemented. 14. Objection. Defendant incorporates its response to request number 2 herein by reference as if set forth fully. Respectfully submitted, Date: STEVENS & LEE By: Jys J rSawxtor Esquire I.D. No. 36815 Maggie M. Finkelstein, Esquire I.D. No. 86305 25 North Queen Street, Suite 602 PO Box 1594 Lancaster, PA 17608-1594 (717) 399-6636 Counsel for Defendant Quantum Imaging and Therapeutic Associates, Inc. SL I 487192v]/41199.074 EXHIBIT "A" )CT-21-20!00T4` 0_8:5x1 QUANTUM IMAGING 717 932 3095 P.02 - •, ..:•; /°l?l96 `:9 t'4?Z'Att: a. • •' •' 1, OICTj?Tpr. OA7B p311•?'f11??6: 'P?i3$Pri . ..±retOT TON 1'tlYT6 -- y;. . is 1rlly •,F• ;CQrtrl jr ,• 4Pv .- /r' view t r ",•Cr' R , Vr!r: f : ch r?, '^'s? ?i?q stint . . • 1:' ?t lore: retit• • at h2 rC, 1.-, :.r n.v?he;tfut. 'U er,15:' S r_ :a ,?rr•.r?-+n .arf, $ung I r;+r.?sry ? re3: r?' p_r rhI e, w. ' 'L:lriPv i,'atlao :I1 Q ='?n'3'lp'ax..-''sal'e^e "rriee? Ft P1, ^.rl ti w' + 1r}:?' 1y?IQ7[? •'}il.r ?d??l..t^??':r:rP L'L"r' 'ec1[[.C+yVi?/3L}ty?1?:}1tiG t' °@T'>tillg e• ' IiE>~ Cr.ii ?.i• -{Y `'+ ,. ,IOU:2 lff % 121- ',,•?:c lovag rl, ? ?! IF36 'ha{''?X Jlr : r ,?1=1,^11:: ? ? . nvY,.b'oh++chL?D?I i M i f ??? 1;kr1Y v • +1itef i111J- War a ''* -sri•w.:'...I;w?ti? ?- ,.?..• ' p?b7 l.l•"ACt iI•.Cd, pY :}:.?51G7:'. ti ?'?'' t•,•+?J' ' CGPC. til'l'? CON^LE?5IOHe t', 5112es: tf ` ih,• rig ?1? .'+d ex •.? ,«'.: C! tt.P r' a eL'' ?L •.C7 : 3 . ` ntdret'???:oi :abntirel! l i ?Y e.i' a t d +' LRl Iorio ~'er a y 1]. a• the mid ti,lg•?C i'{JJ-CS'C1 &COz.W:Ilt:? =1A lvc tbii::lr? iir?ldla3til?me} hoyF .. 1-.. ?..e'. -• .. - .. - - - - 1 .- O. J1. D ?wC?..-lraT`,?+'`i'i'.3t+?',:?tir ';kr;'•i^Y??, _ I.y t,A36 OF 'BXAl1: 03/.1 I.Y99 ' 717 932 3095 P.03 )CT-21-2004 08:53 QUANTUM IMAGING LM ..?,'pr -•'?''t'Y? 1C.ra .. S.• ???. ?: ?1, "±. ti :??:"? ?i5,k ;in:; t ::y .?ri ?..?•T,.' -. `.J? -: Simi '1r •??? ,:ROY?`?x ..Unr .. v'..:.. ! 171P 1Y'._f.'?`+?* ?- ' ti rf-?:?: 't!'a.l'••to 7-, c_y>?" JM .. ?1'. ??- '' N1;;;.Y +^: a:a",. 7.;7_ .. .. . t3 8Pf'? .?''.;, ;.._.. `'•''- T, DYOTA"[YQN Q1tiT6? 3,/l6/96 ; 996 I0119Att ?RIpTTON OATS 03/t9/ IITOTNG, HORY Y x10.98::' :. Pie='ZQ9-2B?91'S9:.. atiM ?+ ',;:yr ?4':.?'k ?.G+? ryr•'? ? ' ' : , - - .w . ?,,. 1=:'.titi ? ? _.. ? - `., 1, - .' ..-: _.:•.. 1. .•. - '. ' ?j { m?'?? K.D. /dg BY BIG OCT-21-2004 09:55 .•' p1?'fIl • y QUANTUM IMAGING WON, 't ?RBY y 10296, . 1 ?ICI•lYZli6 ? : , ?... , `?>, ??n.J1996i Q9e5?AA?t ?unlremark ab] ^ ,- ??• T . „••-.yam"` • '',.` . `r.., i^i.' : ice e?=?. i' - ? l?'• ,? ? _ - .• - _ , _ rl , Lh 1 :. __ ..1?_, ?. r • i- +?.•? -'lam .. - ? ? ,: . : ., • s - ? 3 L1 AT?3?BY; ly.J. 03 / . ' 9! 1996 EXAM: ' • AAA Q8 ly+717 932 3095 P . 04 jtxepGST c Il4AGTN? ' 1' ,..>. . NO ? ` Tgt 3/is/96 .3 38i'n_ .'.gIGxATIbtI ?; 10a20AM IRAW.P.- rQN DATS 43/19/1496 -JR. f ACT-21-2004 08:56 QUANTUM IMAGING 717 932z3095•:;;, '-: P.05 \ ,. ,. .-ems' ?".'? "Si +': {.•s J?'??. ..,j• / T- G WA Ry v -.11ANQCR'PT2?611 QATi Of % 41LO. %,e anvA:r' DATE i fi 7 ?1=A.A.1+?..' ti i r!1lyR"•i*GS?3.r1Gi?l??Sew' +`'?w`e+?4rF .?,:?a_r?? = •• 'i shy' J.. ?:?? 1` •• Y?' ?. ?,?'?ii: ? 1`} '•±' •'= 1'.y '';+i*'J '+ ?ii,,/•IVI???(?;`r4 ?+,?r•.,?•S, ff ?S•,,lr„' r4 `;''' _ ?` ''r.' .??. 1? , JI i. 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'??n•'-;?? ;<[i,.•._ .:•?'.'r: '.„w;:,.• •_?,•1r;., ??.,_•? -ail •'ti:i.:?:a?rC;?ii'r:?v-s'? '. C?`'?, 2G' _\d. (d'^ ._ ?J: -_ c1:k?T.v'4,'ri•?.... ., .. .. _' ... _. ,• r'•i"iia^.:rc:Eyi?w+yaTrfi,+'r..?•rr. ;,a?'.up?a e:-fi:? ..:e t. , ? ...__. __. ,.. : ? .. ...._ _ .:•.. . _._. .. _ _ -. THA Sy DH .C](R1i:. O (/1$/1996 TOTAL P.0? OCT-06-2004 14:06 QUANTUM IMAGING 717 932 3095 P.06 Holy Spirit Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (TIT) T63.1600 PATIENT: EW ING, HARRY W DICTATION DATE: Feb 212001 1:13P MR#; 310298 TRANSCRIPTION DATE: Feb 21 2001 4:1 SP SOC SEC: 209-28-9199 ORD OR: ALAN ROUMM M.D. PT TYPE: R ADM DATE: 0212012001 ARRIVAL DATE: LOCATION: HOSP SERVICE: RAM 'Final Report** EXAMINATION: PARANASAL SINUSES 70220 - Feb 20 2001 COMMENTS: Indicalton: Wagoneers disease. On steriods. Having sinus drainage and pressure in maxillary area as well as congestion. The examination shows increased density in the right maxillary sinus with an air fluid level consisting with right maxillary sinusitis. The remaining sinuses appear clear. CONCLUSION: Right maxillary sinusitis. DICTATED BY: RICHARD STEWART M.D. I DKD DATE OF EXAM: Feb 20 2001 SIGNED BY: RICHARD STEWART M.D. DATE) TIME: Feb 21 2001 6:39P v Imaging Services Consultation r%--- 4 OCT-06-2004 14 06 QUANTUM IMAGING 717 932 3095 P.O? Holy Spirit Hospital Department of Radiology and. Diagnostic imaging Camp Hill, Pennsylvania 11011 (717) T63-2600 PATIENT: EWING, HARRY W MR#: 310298 SOC SEC: 209-28-9199 ORD DR: ALAN ROUMM M.D. PT TYPE: R ADM DATE: 0212012001 LOCATION: DICTATION DATE: Feb 22 2001 8:47P TRANSCRIPTION DATE: Feb 22 2001 8:47P ARRIVAL DATE: HOSP SERVICE: RAM *"ADDENDUM*** ***Final Report*** „ . , EXAMINATION: CREST 2V 71020 - Feb 20 2001 COMMENTS: Indication: Wegeners granulomatosis on steroids and Cytoxin. Former smoker. Congestion. The heart size is normal. There is no vascular congestion. There is some slightly coarse interstitial change In the left mid lung. There is some finer interstitial change in the left costophrenic angle and some minimal change in the right infrahilar area which appears more like subsegmental atelectasis. There is also a nodule projected in the lateral aspect of the right lung base just above the costophrenic angle. This'is uncalcified and of indeterminate age and nature. Both costophrenic angles are blunted. The patient's prior chest x-ray of 1996 was signed.odt and not returned and hence is unavailable for comparison. The report from that study describes some right lung-infiifrate and also some interstitial density in the right mid lung at the right base and at the left base. No nodule was described. The findings therefore could be current in their origin. Clinical correlation and follow up is recommended and if we confirm the nodule at the right base CT scanning would seem in order for further assessment. The hiler and mediastinal contours are normal, CONCLUSION: COPD, Coarse pulmonary abnormality in the left. mid Jung mainly in the left upper lobe and lingula with some minimal changes elsewhere as described. There is a nodule at the lateral right base of Indeterminate age. If any prior chest radiographs from outside institutions are available they would be useful for comparison. Otherwise follow up is recommended. CT probably should be performed for the right basilar pulmonary nodule if its previous presence can not be documented. DICTATED BY: RICHARD STEWART M.D. / DKD DATE OF EXAM: Feb 20 2001 SIGNED BY: RICHARD STEWART M.D. ;.;..i . DATEMME: Feb 22 2001 9:43P Imaging Services Consultation Rana 1 OCT-06-2004 14:07 QUANTUM IMAGING 717 932 3095 P.08 dory apint nospltai Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763.2600 PATIENT: EWING, HARRY W MR5, 310298 SOC SEC: 209-28-9199 ORD DR: ALAN ROUMM M.D. PT TYPE: R DOB: 09128/1936 LOCATION: ***Final Report"* EXAMINATION: CHEST (2V) PA AND LATERAL, THORACIC SPINE - 71020 -09/24/2002 •r COMMENTS: Indication: Pain. The patient has a history of Vlfegener's granulomatosis. THORACIC SPINE: There is no evidence of malalignment of the thoracic vertebrae or loss of vertebral body height. There is, however, sclerosis noted involving the left'N"de of the a thoracic vertebra. The significance of this finding is unclear, but correlation with nuclear medicine bone scah i§`edvised; to exclude blastic metastases. CHEST: There Is moderate to marked hyperinflation. The heart size is within normal limits. The questionable nodular density noted in the right lower lateral chest ap.films from 2-2-01 is not definitely identthed. On the current study, however, there is increased density in the left infrahrtar region that is of uncertain significance. CONCLUSION: 1. There is no evidence of acute abnormality, but there is increased density in the T4 thoracic vertebra, for which correlation with nuclear medicine bone scan is advised: 2. There are findings consistent with COPD. There is also increased left infrahilar density when compared to prior films from 2/20101. Advised followup films in 4-6 weeks. If these findings persist at that time, then correlation with chest CT is advised. DICTATED BY: RICHARD MOSER M.D. I PJD DATE OF EXAM: 0912412002 SIGNED BY., RICHARD MOSER M.D. DATEITIME: Sep 26 2002 5:17P DICTATION DATE: Sep 25 2002 11.39A TRANSCRIPTION DATE: Sep 25 2602 3:08P ADM DATE: 09/24/2002 ARRIVAL DATE: 09124/2002 HO-0 SERVICE: RAD Imaging Services. Consultation Pxm q: . OCT-06-2004 1407 QUANTUM IMAGING 717 932 3095 P.09 Holy Spirit Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763-2600 PATIENT: EWING, HARRY W DICTATION DATE: Oct 11 200212:OOA MR#: 310298 TRANSCRIPTION DATE: Oct 14 2002 12:48P SOC SEC: 209-28-9199 ORD OR: ALAN ROUMN M.D. PT TYPE: R ADM DATE: 10/11/2002 DOB: 09/2811936 ARRIVAL DATE: 1011112002 LOCATION. HOSP SERVICE: CAT *''Final Report' EXAMINATION: CT CHEST W CONTRAST 71260 -1011112002, COMMENTS. INDICATION: Lesions found on bone scans. There are osteobiastic metastases throughout thaskeieton as seen on recent on nuclear imaging of 4 October and the CT scan shows osteoblestic lesions in the thoracic spine and sternum. There is partial collapse of the superior Iingular division of the left upper lobe with density extending up to 'left hilum. I do not identity definite hilar mass though the perihilat.tissues are obscured by the collapse density. Clearly with metastatic disease to the bones and lung collapse. There ii `a good possibility that we may dealing with a lung cancer obstructing the Iingular bronchus and endoscopy should be considered bronchial cancer. The lungs are emphysematous. There is a wide spread panlobular and centrilobular emphysema.-' There is subsegmental atelectasis in the right middle lobe. There is pleural parenchymal scaring the apex of the right lung. There are some areas of patchy granular density in both lungs but no discrete mass is identified. There is a small 6 mm in diameter nodule in the right lower lobe laterally, the lateral basal segments are of questionable significance. If lung cancer is confirmed. Then this nodule could be metastatic, The few lymph nodes in the mediastinum look innocent. There are small. There is no pleural or pericardial effusion. Heart size is normal. CONCLUSION: Collapse of the superior Iingular segment. Endobronchial obstruction is suspected and we could be dealing with bronchial carcinoma. Endoscopy maybe necessary to diagnosis lung CA in this instance. Diffuse moderate to advanced emphysema. Metastatic disease to the skeleton. DICTATED BY: 1 SED DATE OF EXAM: 10111/2002 SIGNED BY: HOWARD BRONFMAN M.D. DATUTIME: Oct 14 2002 2:50P Imaging Services Consultation 0- 4 .. OCT-06-2004 14.07 QUANTUM IMAGING 717 932 3095 P.10 Holy spin rlospitat Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763.2600 PATIENT: EWING, HARRY W MR#: 310298 SOC SEC: 209.28-9199 ORD DR: TIMOTHY CLARK M.D. PT TYPE: R DOB: 09128/1936 LOCATION: DICTATION DATE: Nov 12002 10:47A TRANSCRIPTION DATE: Nov 6 2002 7:55A AD W tpl(T E: 11/01/2002 ARRIVAL DATE: 11/01/2002 HOSP SERVICE: CTM 'Final Report*** EXAMINATION: CT ABDOMEN AND PELVIS W CONTRAST 74;160;,;-11/0112002 COMMENTS: INDICATION: Staging of lung cancer. - There are a few small hypodense lesions scattered hi, the right hepatic Jobe. These measure 1 cm in diameter or less. These are consistent with small metastases. Smal( focal areas of increased bone density are present in multiple locations of the lumbar spine and pelvis. These are suspicious for ostsoblastic metastases. Osteoblastic lesions are more often associated prostatic cancer than lung cancer, however, the multiplicity of these lesions is consistent with metastatic disease. The gallbladder is normal in size and wall thidlness. The billary tree is not dilated. The spleen and pavanes are normal. The kidneys and adrenal glands are normal; The retroperitoneal vasculature is normal. The bladder distends well without intrinsic abnormality. The prostate gland is not enlarged. There are no pelvic masses. CONCLUSION: A few small hypodense lesions are scattered in the 'right hepatic lobe and this is consistent with metastatic disease. There are also several discrete areas of increased bone density In the lumbar spine and pelvis also consistent with metastatic disease. The scan is otherwise normal. DICTATED BY: HAROLD RABIN M.D. / SED DATE OF EXAM: 11101/2002 SIGNED BY. HAROLD RABIN M.D. DATE/ IM@: Nov 62002 8:21A 0 Imaging Services Consultation party 7 OCT-06-2004 14;08 QUANTUM IMAGING 717 932 3095 P.11 PINNACLEHEALTH System Imaging Report MR#: 000209389199 ADM: 000223476017 DOB: 09/2811936 12:01 AM ORDP REASON: LUNG CA NAME:, HARRY EWING 128 BUNGALOW RD ENOLA, PA 17025 ORD DR: SCOTT BARNES COMMENTS: ***Final Reporr" EXAM: 90001- *BONE IMAGING, WHOLE BODY- BNM - 8306 DATE: 01 /2212003 02:31 PM EXAM: 90001 "BONE IMAGING, WHOLE BODY-BNM-8306 DATE: 01/2212003 14:31 TOTAL BODY RADIONUCLIDE SKELETAL IMAGING (22 January 2003) HISTORY: Lung carcinoma. RESULT: The patient received 25.9 mCi teohnetlum-99m HDP and scans xere obtained in multiple projections three hours following the radionuclide administration. Comparison is made to the previous study of 04 October 2002. Again noted are the multiple areas of increased activity in the thoracolumbar spine, the penis, the proximal aspect of both femurs, the right clavicle, the right scapula, the'proAmal aspect of the right humerus and the calvarium. Slight overall increase has occurred since the precious study. CONCLUSION: Increasing skeletal metastases. D: 01/22/2003 05:58PM T: 01/2212003 05:58PM /KSC DICTATED BY. TIMOTHY P FARRELL, M.D. ELECTRONICALLY REVIEWED: 0112312003 09:17AM Accession#: 4194969 ta' OCT-06-2004 14:08 QUANTUM IMAGING MR#: 000209389199 ADM: 000223476017 BOB- 09/2811936 12:01 AM ORD#: REASON: LUNG CA 717 932 3095 P.12 PINNACLEHEALTH System Imaging Report NAME:. HARRY EWING 125 BUNGALOW RD ENOLA, PA 17025 ORD OR: SCOTT BARNES COMMENTS: PT WILL BE SEEN IN NUC MED FIRST ***Final Report"* EXAM: 90002- SCAPULA RIGHT- BDI - 1227 DATE: 01/22/2003 03:12PM EXAM: 90002-SCAPULA RIGHT-RIGHT-SDI-1227 DATE: 01/2212003 15:12 RIGHT SCAPULA, TWO VIEWS (22 January 2003) HISTORY: Lung carcinoma. RESULT: Correlation is made with the radionuclide bane scan. There is sclerotic, irregular blastic appearance to the posterolaterai aspect of the right turth rib, indicative of metastasis. There is also a small lytic area in the superior margin of the right scapula. . CONCLUSION: Metastases to the right burth rib and also to the scapula. D: 0112212003 06:OOPM T: 0112212003 OEB:OOPM /KSC DICTATED BY. TIMOTHY P FARRELL, M.D. ELECTRONICALLY REVIEWED: 01123/2003 09:17AM Accession#: 4194974 0?$ OCT-06-2004 14:08 QUANTUM IMAGING PINNACLEHEALTH system MR#: 209389199 SSN: 209389199 ADM: 000223521882 DOB: 09/2811936 BED; LOC: NAME; EWING, HARRY 128 BUNGALOW RD ENOLA, PA 17025 ORD DR;' BARNES, SCOTT ORD#: 90005 ATT DR: BARNES, SCOTT REASON; F/U TO 317 CXR 717 932 3095 P.13 Imaging Report COMMENTS: MEDICARE FAX TO 737-6268 BEFORE 5PM ***Final Report"* FREDRICKSEN DIAGNOSTIC DEPARTMENT EXAM: 90005 - CHEST PA LAT - FD1- 4507 DATE; Mar 14 2003 12:48PM 2V CHEST: HISTORY: Follow-up, carcinoma- RESULT: AP erect and lateral views of the chest were obtained and compared with the study of 3-7- 03. Mediastinum Is neither widened nor shifted. Heart is normal in size. Aorta is mildly sclerotic. Significant emphysematous change is noted. There is stable lingularlleft.hilar density, likely reflecting changes related to known left lung carcinoma with possible post obstructive atelectasls. These findings are stable. There is no significant change in the appearance of the chest from 3-7-03 with no active area of infiltrate, effusion, or vascular congestion. There are, however, no chest films prior to 3-7-03 for correlation. The patient has known osteoblestic skeletal metastases. CONCLUSION- Stable chest from 3-7-03 with multiple findings as detailed above. D: CG/Ijk 03-14-03 1:23PM T: Mar 16 2003 11:12AM / LJK DICTATED BY : CHRISTINE A. GOULDY, MD ELECTRONICALLY REVIEWED: Mar 16 2003 1:12PM If you have received this document by facsimile, the information contained in this transmission is prIVIepad and confidential. If the reader of this message is not the recipient, you are hereby notified that any dissemination, ftbibution, or copy of this oommunication is strictly prohibited. If you have received this Communication in ermr, please nolikus Immediately at 1-TIT-782-324(i. OCT-06-2004 14:08 QUANTUM IMAGING PINNACLEHEALTH System MR#: 209389199 SSN: 209289199 ADM: 000223614513 DOB: 09/2811936 BED: LOC: REASON: LUNG CANCER BONE METS NAME: EWING, HARRY 128 BUNGALOW RD ENOLA, PA 17025 ORD DR., BARNES, SCOTT ORD#: 90001 ATT DR: BARNES, SCOTT COMMENTS: ***Final Report*** HARRISBURG NUCLEAR MEDICINE DEPARTMENT 717 932 3095 P.14 Imaging Report EXAM: 90001 - PROVIS OF THERAPEUTIC RADPHARM - NUC - 9900 DATE: Jun 27 2003 12:36PM QUADRAMET THERAPY HISTORY: Lung carcinoma with bony metastases. RESULT: This is the second Quadramet therapy in this patient with lung carcinoma with bony metastases. Procedure and risks were reviewed with the patient by phone consultation on 6/27/03. The patient's questions were answered. Laboratory values from 6117103 were reviewed. 75 mCi of Quadramet was injected intravenously. The patient was monitored in the department for 30 minutes following the injection with no adverse reaction noted. CONCLUSION: Second Quadramet therapy for bony metastases, as above. The patient was given a prescription for weekly CBC with platblets to monitor for bone marrow suppression over the next eight weeks. The patient will also continue to followup clinically with Dr. Barnes. D: Jul 12003 12:28PM CG/alw T: Jul 12003 2:10PM / ALW DICTATED BY : CHRISTINE A. GOULDY, MD ELECTRONICALLY REVIEWED: Jul 2 2003 10:12AM If you have received this document by facsimile, the information contalned In this transmission is XMIeged and confidential. N the reader of this message is not the recipient, you are hereby notified that any dissemination, distribution, or copy of this communication Is strictly • •• •• •• .... ......... r._u.- r....-. -,---. ?-s:G...-:rr?J(?Iw A. ..1. R TfT TM 49/!1 OCT-06-2004 14:09 QUANTUM IMAGING 717 932 3095 P.15 Holy 5ipint Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763-2600 PATIENT: EWING, HARRY W MR#: 310298 SOC SEC: 209-28-9199 ORD DR: LI MIN LIU M.D. PT TYPE: S DOB: 09/2811936 LOCATION., DICTATION DATE: Jul 29 2003 9:48P TRANSCRIPTION DATE: Jul 29 2003 9:48P ADM DATE: 07/2912003 ARRIVAL DATE: 07129/2003 HOSP SERVICE: MED 'Final Report' EXAMINATION: CT CHEST W CONTRAST 71260 -0T129120W-.t:'-,-; COMMENTS: The indication: Metastatic carcinold tumor Comparison made to prior study 11 October 02 which re-demonstrates partial left upper lobe collapse. This has not changed significantly since the October 02 exam. As we follow the left upper lobe bronchus from its origin, there Is a blunted taper which is surrounded by a broad wedge-shaped pulmonary opacifrcation which lies adjacent to the mediastinum and extends out of the pleural surface consistent with partial collapse of the left upper lobe. The lungs show diffuse emphysema. As on the prior study there. i?, 'also diffuse reticular opacity in the right upper lobe, , i streaky aWectatic density in the medial segment of the right middle lobe and a mild increase in interstitial markings scattered throughout the lungs. No soft tissue nodules identified in the lungs. No pleural effusion. Mediastinal windows show no pathologically enlarged lymph nodes. No pleural or pericardial effusion. Sclerotic changes in the bones described previously and attributed to metastatic disease. CONCLUSION: CT examination of the chest shows no significant change since prior study 11 October 02. Partial left upper lobe collapse. Metastatic disease to the skeleton. Diffuse emphysema with chronic interstitial lung disease. DICTATED BY: HOWARD BRONFMAN M.D. / PSC DATE OF EXAM: 07/29/2003 SIGNED BY: HOWARD BRONFMAN M.D. DATErrIME: Jul 29 2003 9:48P G Imaging Services Consultation i3=9 t OCT-06-2004 14:09 QUANTUM IMAGING 717 932 3095 P.16 Holy Spirit Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763-2600 PATIENT: MR#: SOC SEC: ORD DR: PT TYPE: DOB: LOCATION: EW ING, HARRY W DICTATION DATE: Jul 29 2003 1:27P 310298 TRANSCRIPTION DATE: Jul 29 2003 1:27P 209-28-9199 PHILIP MAGUIRE M.D. E 09128/1936 ADM DATE: 07/2912003 ARRIVAL DATE: 07129/2003 HOSP SERVICE: ERi ***Final RepoW" EXAMINATION: CHEST PORTABLE 71010 -0712012003 COMMENTS: Indication: Weakness. Carcinoma of the lung. Comparison is made to previous examination of 24 September, 2. 02. There is some scarring in the left perlhiiar region, adjacent the heart. Cardiac monitor leads overlie the heart. . There are no soft tissue abnormalities. Bony structures have a "dense" appearance consistent with the patients known bony metastases. The lungs are tree of acute Infiltrate and the puirponary vast ulature is normal. The pleural surfaces are unremarkable. There are no pleural effusions. The heart is normal in'site. The mediastinal structures are normal. CONCLUSION: No acute disease. No significant interval change, DICTATED BY: TIMOTHY FARRELL M.D. / PSC DATE OF EXAM: 07129/2003 SIGNED BY: TIMOTHY FARRELL M.D. DATEITIME: Jul 29 2003 1:27P Imaging Services,Consultation Pwrw 4 OCT-06-2004 14 09 QUANTUM IMAGING 717 932 3095 P.17 Holy Spirit Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763.2600 PATIENT: EWING. HARRY W MR#: 310298 SOC SEC: 209-28-9199 ORD DR: ALAN ROUMM M.D. PT TYPE: S DOB: 09128/1936 LOCATION: DICTATION DATE: Jul 30 2003 5:42P TRANSCRIPTION DATE: Jul 30 2003 5:42P ADM DATE: 07/29/2003 ARRIVAL, DATE: 0713012003 HOSP SERVICE: MED 'Final Report"* EXAMINATION: BONE SCAN TOTAL.. 78306 - 0713012003 COMMENTS: Indication: Metastatic disease, carcinoid tumor ' Dose: 27.3 mOi of Tc-99m HDP Comparison made to prior bone scan at Holy Spirit hospital, 4 October 02 and bone scan carried out a Harrisburg hospital dated 22 January 03. All studies show extensive metastatic disease to the skeleton with lesions in the skull, trunk and long bones. There has been mild progression of metastatic disease since the January 03 study with a few additional lesions identified in the trunk and in the long bones. Little background activity indicates that we are moving to a' Superscan "consistent with extensive metastatic disease to the skeleton- ... CONCLUSION: Widespread metastatic disease to the skeleton showing further progression since January 03. DICTATED BY: HOWARD BRONFMAN M.D. / PSC DATE OF EXAM: 07/30/2003 SIGNED BY: HOWARD BRONFMAN M.D. DATETIME: Jul 30 2003 6:42P 5) Imaging Services Consultation Pam 4 . OCT-06-2004 14:09 DUANTUM IMAGING 717 932 3095 P.18 Holy Spirit'Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763-2000 PATIENT: EWING, HARRY W DICTATION DATE; Sep 14 2043 6:16P MRM 310298 TRANSCRIPTION DATE: Sep 14 2003 6:16P SOC SEC: 209-28-9199 ORD DR; KATARZYNA FERRARO M.D. PT TYPE: E ADM DATE: 09/14/2003 DOB: 09/28/1936 ARRIVAL DATE: 09/14/2003 LOCATION: HOSP SERVICE: ERi ***Final Report*** EXAMINATION: CHEST PORTABLE 71010 -09/1412003 COMMENTS: Portable chest 9114/03 at 1730 Indication: Dyspnea Comparison: 7129/03 Findings: Persistent scarring left mid-lung zone. No new focal alveolar. opacity. No signs of heart failure. The mediastinum and bony structures are unremarkable. CONCLUSION: No significant interval change. DICTATED BY: DAVID GREENBERG M,D. / PSC DATE OF EXAM: 09/1412003 SIGNED BY: DAVID GREENBERG M.D. DATEITIME: Sep 14 2003 6:16P ,% 0 imaging Services Consultation PRnR 1 OCT-06-2004 14:10 QUANTUM IMAGING 717 932 3095 P.19 Holy apint-Hosplau Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvanis 17011 (717) 763-2600 PATIENT: EWING, HARRY W MR#: 310298 SOC SEC: 209-28-9199 ORD DR: THOMAS ALDOUS M.D. PT TYPE: E DOB: 09/28/1936 LOCATION: DICTATION DATE: Sep 14 2003 8:54P TRANSCRIPTION DATE: Sep 14 2003 8:54P ADM DATE: 09114/2003 ARRIVAL DATE, 09/14/2003 HOSP SERVICE: ER1 ***Final Report*** 1. i EXAMINATION: CT CHST W/WOJANG/PEIINC PP 71275 - 0911#11200.3 . .. V.._ COMMENTS: CT Chest unenhanced and enhanced Indication: Shortness of breath, history of metastatic carcinoid tumor. Procedure: Examination tailored for pulmonary embolism. Precontiast sections through the chest. Helical sections through the chest during rapid Intravenous infusion of intravenous contrast. Comparison: Report of 7/29103 Findings: Relatively diffuse emphysematous change with left upp?6 lobe atelectasis as before. No pulmonary embolism. The heart and major vascular structures are-unremarkable. No significant hilar or mediastinal adenopethy. Limited evaluation of the upper abdominal organs shows no grms.abriormalities. Numerous sclerotic bony metastases are present as before. CONCLUSION: No pulmonary embolism. No significant interval change otherwise. DICTATED BY: DAVID GREENBERG M.D. / PSC DATE OF EXAM: 0911412003 SIGNED BY: DAVID GREENBERG M.D. DATEITIME: Sep 14 2003 8:54P 0 Imaging Services Consultation Peas 1 OCT-06-2004 14:10 QUANTUM IMAGING 717 932 3095 P.20 moly *pin>< mospaai Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763-2600 PATIENT: EWING, HARRY W MR#: 310298 SOC SEC: 209-28-9199 ORD OR: SCOTT BARNES M.D. PT TYPE: R DOS: 09/28/1936 LOCATION: DICTATION DATE; Oct 17 2003 3:10P TRANSCRIPTION BATE: Oct 17 2003 3:10P ADM DATE: 10/17/2003 ARRIVAL DATE: 10/1712003 HOSP SERVICE: ESO ***Final Repoir& EXAMINATION: CT BRN WIWO CNTRS 8008 -10/1712003 COMMENTS: CT of the brain before and after IV contrast-enhancement. indication: Dizziness. Blurred vision. Memory problems. History of lung carcinoma treated with radiation and chemotherapy. I have no prior exams for comparison. The ventricular and sulcal configuration are within normal limits. Them is no evidence of subdural or subarachnold collection. Post contrast-enhanced images do not suggest any suspicious area of contrast-enhancement. There are no focal abnormalities identified otherwise. Skull and skull base areas are normal. There are no other acute focal abnormalities identified. CONCLUSION: CT of the brain before and after IV contrast is within normal limits. No suspicious changes to suggest metastatic disease. DICTATED BY: ANAND JAGANNATH M.D. / PSC DATE OF EXAM: 10/17/2003 SIGNED BY: ANAND JAGANNATH M.D. DATEITIME: Oct 17 2003 3:10P Imaging Services Consulltdion Page t q OCT-06-2004 14:10 QUANTUM IMAGING 717 932 3095 P.22 nory ap11n1L rnraNIw1 Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763.2600 PATIENT. EW ING, HARRY W MR#: 310298 SOC SEC: 209-28-9199 ORD DR: PUSHPA MUDAN M.D. PT TYPE: E DOB: 09128/1936 LOCATION: EXAMINATION: LIS SPINE 72110 -10124/2003 COMMENTS: +Lumbar spine 6 views- October 24. 2003. Clinical Indication: Low back pain. ***Final Report*** There is extensive trabecular abnormality involving the lumbar vertepra and visualized portions of the pelvis and lower thoracic spine. The findings are consistent with an extensive blasiic'Aiftstatlc process. There is no evidence for pathologic fracture- There is disk space narrowing at 1-4-5 with vacuum phdrtdmenon indicating disk degeneration. Anterior osteophytes are most apparent in the lower lumbar spine. CONCLUSION: Extensive trabecular abnormality throughout the-lumbar spine and visualized portions of the lower thoracic spine and pelvis consistent with blastic metastatic disease. No pathologic fracture identified. Degenerative changes present and there is disk space narrowing at 1-45. DICTATED BY: BARBARA KUNKEL M.D. / PSC DATE OF EXAM: 10124/2003 SIGNED BY: BARBARA KUNKEL M.D. DATEITIME: Oct 24 2003 8:52A DICTATION DATE: Oct 24 2003 8:52A TRANSCRIPTION DATE: Oct 24 2003 8:52A ADM DATE: 10124/2003 ARRIVAL DATE: 10124/2003 HOSP SERVICE: ER1 Imaging Services Consultation PSIP•t,. . OCT-06-2004 14:11 QUANTUM IMAGING PINNACLEHEAI_TH System MR#: 209$89199 SSN: 209289199 ADM: 000240104894 DOB: 09/2811936 BED: LOC: REASON: bP ?17 932 3095 P.24 Imaging Report NAME: EWING, HARRY 128 BUNGALOW RD ENOLA, PA 17025 ORD DR: DEAUGUSTINE, CARLO J ORDN: 90002 ATT DR: EMERGENCY ROOM, ASSOCIATES COMMENTS: SED-15 X5256 ***Final 116port*** HARRISBURG DIAGNOSTIC DEPARTMENT EXAM: 90002 - CHEST 1 VIEW - DIA - 4506 DATE: Oct 27 2003 2:42AM AP CHEST (0250 hours) HISTORY: Chest pain. RESULT: There are scattered areas of increased density noted In multiple ribs, particularly the right fourth rib and in the scapula, consistent with allegedly known blastic metastases. There is an area of increased density noted below the left hilum consistent with mass, infiltrate or scarring with abnormality noted in a similar location on chest x-ray from 03114/2003. This needs to be correlated with chest CT scan. The heart size is top- normal in size. CONCLUSION: There is no evidence of acute lung infiltrate. There are findings consistent with skeletal metastases and there is an ill-defined density in the left infrahilar area that was also noted on 03//14/2003, but requires additional evaluation with chest CT scan. D: 10/29/2003 1:33PM RPM/ksc T: Oct 29 2003 3:44PM / KSC DICTATED BY : RICHARD P MOSER, MD ELECTRONICALLY REVIEWED: Oct 29 2003 3:54PM If you have received this document by facsimile, the Information contained in this transmission Is privileged and confidential. If the reader of this message is not the recipient, you are hereby notified that any dissemination, dlsbibudon, or copy of this conrn uniostion Is strictly ..._.,?,._., .s.._.. I_...-..a,..., _;_ ..............t.,+ann in fin/ nt.eea WHIR, „e IMM1.di*MIV qf- 1.747.7N4240. OCT-06-2004 14:11 QUANTUM IMAGING PINNACLEHEALTH System MR#: 209389199 SSN: 209289199 ADM: 000240104894 DOB: 09/2811936 BED: LOC: NAMi=: EWING, HARRY 128 BUNGALOW RD ENOLA, PA 17025 ORD DR:::. LEAL, ALFRED R ORD#: 90003 ATT DR: BARNES, SCOTT REASON: SOB, DECREASED SP02 COMMENTS: ***Final Report-* HARRISBURG DIAGNOSTIC DEPARTMENT EXAM: 90003 - CHEST 1 VIEW - DIA - 4506 DATE: Oct 28 2003 6.08AM AP CHEST -- 0610 HOURS HISTORY: Shortness of breath. 717 932 3095 P.25 Imaging Report RESULT: As mentioned previously, there is evidence of blastic skeletal metastases, and there Is an ill-defined area of increased density in the left infrehilar area that requires CT correlation. There is now evidence of small right pleural effusion with patchy bilateral lung infiltrates vs pattern of early pulmonary edema. CONCLUSION: Since prior film from 0250 hours on 10/27/03, the patient has developed a right pleural effusion with diffusely increased lung markings and questionable patchy infiltrates, particularly in the lateral aspect of the right mid and upper lung. Radiographic followup until clearing is advised. D: Oct 29 20031:36PM RPM/ants T: Oct 29 2003 3:45PM / AMS DICTATED BY : RICHARD P MOSER, MD ELECTRONICALLY REVIEWED: Oct 29 2003 3:54PM If you have mosived this document by facsimile, the bib nnation contained In this transmission Is privileged and confidants[. If the reader of this message Is not ft recipient, you am hereby nofMad that any disserninaftn, disbib km, or copy of tf8s coma umcation ie anicoy .. .... .. ,- ---- -1 ---- __• ..- t....,,a:..t..,:.., 4 YJ7.'1M.?0?11 CERTIFICATE OF SERVICE I, Amy L. Bucher, an employee of the law firm of Stevens & Lee do hereby certify that on NOV. I , 2004 I served a true and correct copy of Defendant Quantum Imaging's Response to Plaintiffs Request for Production of Documents upon all counsel of record via postage prepaid first class United States mail addressed as follows: James E. Ellison, Esquire James J. Jarecki, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor PO Box 1146 Harrisburg, PA 17108-1146 Date: n- i - o4 ZSTE E 25 North Queen Street, Suite 602 PO Box 1594 Lancaster, PA 17608-1594 (717) 399-6651 S L 1 487192v 1 /41199.074 Joseph P. Hafer, Esquire Attorney I.D. No. 07186 Gerryanne Cauler, Esquire Attorney I.D. No. 90539 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Phone - (717) 255-7613 Fax - (717) 237-7105 jhafer@tthlaw.com gcauler@tthlaw.com DOROTHY J. EWING, Executrix of the Estate of HARRY W. EWING, Deceased, Plaintiff V. DONALD BRUAW, D.O., ALAN D. ROUMM, M.D., SANFORD AND ROUMM RHEUMATOLOGY, BARBARA K. KUNKEL, M.D., RICHARD STEWART, M.D., QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC., LAWRENCE B. ZIMMERMAN, M.D., INTERNISTS OF CENTRAL PA and BGTSPB GROUP, LTD., Defendants Attorneys for Defendants: Richard Stewart, M.D. and Quantum Imaging and Therapeutic Associates, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 04-4820 CIVIL TERM : JURY TRIAL DEMANDED DEFENDANTS RICHARD STEWART, M.D. AND QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC.'S OBJECTIONS TO PLAINTIFF'S INTERROGATORIES DIRECTED TO ALL DEFENDANTS - SET I General Obiections to Plaintiffs Interrogatories Directed to All Defendants-Set I 1. Objection. Plaintiff's Interrogatories fail to comply with the requirements of Pa. R.C.P. 4005, Written Interrogatories to a Party, in which Interrogatories that are served prior to the service of a Complaint shall be limited to the purpose of preparing a complaint and shall contain a brief statement of the nature of the cause of action. 2. Objection. Plaintiff's Interrogatories fail to state why the requested information is necessary to the filing of a Complaint. Specific Obiections to Plaintiff's Interrogatories Directed to All Defendants- Set I 1. Fully explain your current business and contractual relationship with any and all of the remaining defendants named in this action. ANSWER: Objection. See general objections stated above. 2 2. State your full name, address, date of birth and Social Security Number. ANSWER: Objection. Answering Defendant Dr. Stewart's date of birth and Social Security Number are not necessary to the filing of a complaint. 3. Please state whether you were covered by or were the subject of any liability insurance policies for the injuries arising out of the instant action. ANSWER: Objection. This information is not necessary to the filing of a Complaint. 4 5. If your answer to the preceding interrogatory is in the affirmative, please state the following: a. Name and address of the company policy issuing each policy; b. Policy number of each such policy; C. Names and addresses of the persons named under each such policy; d. Limits of liability; e. Whether the insurance company issuing each policy has denied coverage with respect to this incident for any reason; and if so, the nature and reason given for such denial; f. Whether the insurance company issuing each policy has required the execution of any agreement by you or on your behalf before undertaking to investigate and/or defend this action; and if so, 1) The nature of such agreement; 2) The reason the agreement was required; 3) Whether or not you or any other person acting on your behalf executed the agreement. g. Whether or not each of said policies provide coverage for the damages set forth in the Complaint; and h. Whether the policy was in full force and effect on the date of Mr. Ewing's death. ANSWER; Objection. This information is not necessary to the filing of a Complaint. 5 6. State whether this case is being defended by an attorney who has entered his or her appearance on your behalf subject to a reservation of rights agreement between you and your insurance carrier. ANSWER: Objection. The information requested is not necessary for Plaintiff to file a complaint. Further, without a statement of the nature of the cause of action, Answering Defendants are unable to prepare a reply. 6 7. Have you or anyone acting on your behalf obtained from any person any statement concerning Harry W. Ewing regarding this action or its subject matter. If so, state: a. The name and last known address of each such person; b. When, where and to whom each statement was made and whether it was reduced to writing or otherwise recorded; C. The name and address of any such person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: Objection. The information requested is not necessary for Plaintiff to file a complaint. Answering Defendants further object to this Interrogatory to the extent that it requests information that may be protected by the attorney work-product doctrine and or attorney-client privilege. 7 8. Do you contend any document requested in Plaintiff's Request for Production of Documents or any information requested in these Interrogatories is protected by the Peer Review Protection Act? If so, please state with reasonable particularity the items which are not being produced because of any alleged Peer Review objection. ANSWER: Objection. This Interrogatory does not conform to the requirements of Rule 4009.11, Request Upon a Party for Production of Documents and Things. This Rule requires that the Request shall be set forth in numbered paragraphs and the items to be produced shall either be identified individually or by category, and each item or category must be described with reasonable particularity. Additionally, without further information from Plaintiff regarding the alleged cause of action, this Request would cause unreasonable annoyance, embarrassment, oppression, burden, or expense, (See Pa.R.C.P 401l(b)) and would require the making of an unreasonable investigation (See Pa. R.C.P. P. 4011(e)). Finally, the information requested is not necessary for Plaintiff to file a complaint. 8 9. If you, or someone not an expert subject to Pa. R.C.P. 4003.5, conducted any investigations of the incident, identify: a. each person, and the employer of each person, who conducted any investigation(s); and b. all notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: Objection. This Interrogatory is objectionable to the extent that it requests information, which is protected by the Peer Review Protection Act, the Mcare Act, attorney-work product and/or attorney/client privilege. It is also objectionable to the extent it exceeds Pa. R.C.P. 4003.3. Further, without additional information from Plaintiff said Request is overly broad and burdensome and is not reasonably calculated to lead to the discovery of admissible evidence. Finally, the information requested is not necessary for Plaintiff to file a complaint. 9 10. Set forth the date(s) you medically evaluated Harry W. Ewing and the nature of such evaluation. ANSWER: Objection. Answering Defendant Stewart provided interpretation of radiologic studies for the Plaintiff. Therefore, this Interrogatory as written does not apply to Answering Defendants Richard Stewart, M.D. and Quantum Imaging and Therapeutic Associates, Inc. 10 11. If you have ever been certified by any specialty board, or if you are now or have ever been a member of any specialty board, set forth the following: a. the name and address of each specialty board; b. the date you were certified or became a member; and c. if you are no longer certified or a member, give the date your certification or membership was terminated and the reason for such termination. ANSWER: Objection. This information is not necessary to the filing of a Complaint. 11 12. Identify all hospitals with which you were affiliated prior to 2003 and, with respect to each such hospital, set forth your position(s) and responsibilities. ANSWER: Objection. This information is not necessary to the filing of a Complaint. 12 13. Identify any association or partnership with any other medical practitioner at the time of the incident. ANSWER: Objection. This information is not necessary to the filing of a Complaint. 13 14. Have you spoken to anyone at your professional liability insurance company regarding Harry W. Ewing on or after March 18, 1996, but prior to receiving the Writ of Summons related to this matter? If the answer is in the affirmative, please state: a. the date of the discussion; b. name and address of each person involved in the discussion; C. subject matter of each discussion; d. action taken, if any, as a result of the discussion. ANSWER: Objection. This request seeks information protected by Pa. R.C.P. 4003.3, Scope of Discovery. Trial Preparation Material Generally. This information is not necessary to the filing of a complaint. Without additional information from Plaintiff regarding the nature of the alleged action, this Request is overly broad and burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 14 15. Have you provided to anyone at your professional liability insurance company any written statements regarding Harry W. Ewing on or after March 18, 1996, but prior to receiving the Writ of Summons related to this matter? If the answer is in the affirmative, please state: a. the name of the person to whom the statement was made; b. on what date was the statement made; C. subject matter of the statement; and d. action taken, if any, as a result of the statement. (This interrogatory can be answered by providing a copy of all statements as referenced in this particular paragraph.) ANSWER: Objection. This request seeks information protected by Pa. R.C.P. 4003.3, Scope of Discovery. Trial Preparation Material Generally. This information is not necessary to the filing of a complaint. Without additional information from Plaintiff regarding the nature of the alleged action, this Request is overly broad and burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 15 16. Have you spoken to anyone at your professional liability insurance company regarding Harry W. Ewing or any of the matters set forth in the instant action. If the answer is in the affirmative, please state: a. the date of the discussion; b. name and address of each person involved in the discussion; C. subject matter of each discussion; and d. action taken, if any, as a result of the discussion. ANSWER: Objection. This request seeks information protected by Pa. R.C.P. 4003.3, Scope of Discovery. Trial Preparation Material Generally. This information is not necessary to the filing of a complaint. Without additional information from Plaintiff regarding the nature of the alleged action, this Request is overly broad and burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 16 17. If you ever spoke with any other health care provider in connection with the care and treatment of Harry W. Ewing from March 18, 1996 up through and including the present, set forth: a. the date(s) of the consultation; b. the identity of the practitioner; C. the subject matter of the consultation; d. action taken as a result of the consultation; the identity of any documents relating to the consultation. ANSWER: Objection. This information is not necessary to the filing of a complaint. Without additional information from Plaintiff regarding the nature of the alleged action, this Request is overly broad and burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 17 18. Did you make and/or keep any records regarding the care and treatment of Mr. Ewing, independent of those maintained by the remaining named defendants. If so, state: a. the summary of those records; b. the current location of those records. (In response to this interrogatory, if such records are kept, this interrogatory may be answered by simply providing a copy of all records as described in this paragraph.) ANSWER: Objection. This information is unnecessary to the filing of a complaint. Without additional information from Plaintiff regarding the nature of the alleged action, this Request is overly broad and burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Additionally, it is believed that Plaintiff is in possession of Answering Defendants' radiologic interpretation records. 18 19. If you have ever had any staff privileges revoked or curtailed at any hospital, for each such privilege, state: a. a description of the privilege; b. whether it was revoked or curtailed, and, if curtailed, in what way; C. the date the privilege was revoked or curtailed; and d. the name of the disciplinary body which revoked or curtailed the privilege. ANSWER: Objection. This interrogatory is overly broad and burdensome and not reasonably calculated to lead to admissible evidence. Further, this information is not necessary to the filing of a complaint. 19 20. If you ever changed any diagnosis you made of Mr. Ewing's condition, for each change, state: a. a description of the diagnosis change; b. the time in which you made such diagnosis change; and c. the reason you made the change, indicating each fact on which the change in diagnosis was based. ANSWER: Objection. Defendants provided radiologic interpretation and not medical diagnoses. 20 21. If any additions, deletions, or corrections were made to the medical records of Harry W. Ewing following the date of completion, please state: a. date of any addition, deletion or correction; b. name, address, telephone number and current whereabouts of the person(s) who made the same; C. reason(s) for any addition, deletion or correction; d. name, address, telephone number and present whereabouts of the person(s) who authorized said addition, deletion or correction; e. location on medical records where said addition, deletion or correction was made; and f. state the nature of the said change. ANSWER: Objection. Answering Defendants provided radiologic .interpretation and did not provide medical care. Further, all radiologic reports are believed to be in the possession of Plaintiff's counsel. 21 22. To the extent you contend and/or believe that a person other than yourself was responsible for Mr. Ewing's injuries, for each person, state: a. the person's name, telephone number, job title or capacity; and b. the facts on which you base your contention that this person was responsible for Mr. Ewing's injuries. ANSWER: Objection. This interrogatory attempts to shift the burden of proof from the Plaintiff to Answering Defendants. Answering Defendants are only required to rebut allegations of negligence. 22 23. If there are any other individuals whom you are aware of that may possess knowledge or information concerning this case, and this person's name is not listed in the preceding answers to these interrogatories, for each person, state: a. the person's name, address and telephone number; b. the address of the place each person is employed; and c. the person's occupation and job title. ANSWER: Objection. This information is not necessary to the filing of the complaint. Additionally, none other than those referenced in Plaintiff's medical records, which currently are not in possession of Answering Defendants. Respectfully submitted, By: DATE: 322475.2 THOMAS, THOMAS & HAFER, LLP Joseph P. Hafer, Esquire Attorney I.D. No. 07186 Gerryanne Cauler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7613 23 23. If there are any other individuals whom you are aware of that may possess knowledge or information concerning this case, and this person's name is not listed in the preceding answers to these interrogatories, for each person, state: a. the person's name, address and telephone number; b. the address of the place each person is employed; and c. the person's occupation and job title. ANSWER: Objection. This information is not necessary to the filing of the complaint. Additionally, none other than those referenced in Plaintiff's medical records, which currently are not in possession of Answering Defendants. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By. L 4 ?-t - Joseph P. Hafer, Esquire Attorney I.D. No. 07186 Gerryanne Cauler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7613 DATE: 322475.2 23 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: James E. Ellison, Esquire- Hand Delivered on November 7, 2004 Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (Counsel for Plaintiffi Donald Bruaw, D.O. 56 South Enola Drive Enola, PA 17025 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Alan D. Roumm, M.D. and Sanford and Roumm Rheumatology) James Saxton, Esquire Stevens & Lee, P.C. 25 North Queen Street, Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (Counsel for Barbara K. Kunkel, M.D. and Quantum Imaging and Therapeutic Associates, Inc.) Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (Counsel for Lawrence B. Zimmerman, M.D. and Internists of Central PA) BGTSPB Group, Ltd. 108 Lowther Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: Joseph P. Hifer, Esquire Attorney I.D. No. 07186 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7613 DATE:") 322475.2 Joseph P. Hafer, Esquire Attorney I.D. No. 07186 Gerryanne Cauler, Esquire Attorney I.D. No. 90539 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Phone - (717) 255-7613 Fax - (717) 237-7105 jhafer@tthlaw.com gcauler@tthlaw.com DOROTHY J. EWING, Executrix of the Estate of HARRY W. EWING, Deceased, Plaintiff V. DONALD BRUAW, D.O., ALAN D. ROUMM, M.D., SANFORD AND ROUMM RHEUMATOLOGY, BARBARA K. KUNKEL, M.D., RICHARD STEWART, M.D., QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC., LAWRENCE B. ZIMMERMAN, M.D., INTERNISTS OF CENTRAL PA and BGTSPB GROUP, LTD., Defendants Attorneys for Defendants: Richard Stewart, M.D. and Quantum Imaging and Therapeutic Associates, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-4820 CIVIL TERM : JURY TRIAL DEMANDED DEFENDANTS RICHARD STEWART, M.D. AND QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC.'S OBJECTIONS TO PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO ALL DEFENDANTS General Objection to Plaintiffs Requests for Production of Documents Directed to All Defendants-Set I 1. Objection. Plaintiff's Request for Production of Documents fails to state why the requested information is necessary to the filing of a Complaint. Specific Obiections to Plaintiffs Request for Production of Documents Directed to All Defendants- Set I A current copy of your curriculum vitae. RESPONSE: Objection. This information is not necessary to the filing of a Complaint. 2. Any and all incident reports and/or occurrence reports which you prepared or reviewed which relate to, or mention in any manner, Harry W. Ewing. RESPONSE: Objection. Without further information from Plaintiff, this request is overly broad and burdensome and is not reasonably calculated to lead to the discovery of admissible evidence. Further, without additional information this request would require an unreasonable investigation for Answering Defendants. This Request for Production is objectionable to the extent that it may request information which is protected by the Peer Review Protection Act and/or the MCare Act. 3. All exhibits or demonstrative evidence to be offered or used for any purpose at time of trial. RESPONSE: Objection. Without additional information from Plaintiff, said Request is overly broad and burdensome and is not reasonably calculated to lead to the discovery of admissible evidence. Further, this information is unnecessary to the filing of a Complaint. Information responsive to this request is unknown at this time. 4. Statements obtained from any witness or any other person having knowledge of the facts giving rise to this lawsuit. RESPONSE: Objection. This Request for Production is objectionable to the extent that it may request information, which is protected by the Peer Review Protection Act, the Mcare Act, attorney-work product and/or attorney/client privilege. It is also objectionable to the extent it exceeds Pa. R.C.P. 4003.3. Further, without additional information from Plaintiff said Request is overly broad and 2 burdensome and is not reasonably calculated to lead to the discovery of admissible evidence. This information is unnecessary to the filing of a Complaint. All documents identified in your answers to any set of Interrogatories. RESPONSE: Objection. Without additional information from Plaintiff, said Request is overly broad and burdensome and is not reasonably calculated to lead to the discovery of admissible evidence. It is believed that Plaintiff's counsel is in possession of Answering Defendants' radiologic reports. 6. Any and all documents sent to you by your professional liability insurance company related in any manner to the care you provided to Harry W. Ewing on March 18, 1996 to November 4, 2003. RESPONSE: Objection. This Request for Production is objectionable to the extent that it requests information that exceeds allowable discovery under Pa. R.C.P. 4003.3. This Request for Production does not conform to the requirements of Rule 4009.11, Request Upon a Party for Production of Documents and Things. This Rule requires that the Request shall be set forth in numbered paragraphs and the items to be produced shall either be identified individually or by category, and each item or category must be described with reasonable particularity. Additionally, without further information from Plaintiff regarding the alleged cause of action, this Request would cause unreasonable annoyance, embarrassment, oppression, burden, or expense, (See Pa.R.C.P 4011(b)) and would require the making of an unreasonable investigation (See Pa. R.C.P. P. 4011(e)). Further, without additional information from Plaintiff said Request is not reasonably calculated to lead to the discovery of admissible evidence. 7. Any and all documents you sent to your professional liability insurance company related in any manner to the care you provided to Harry W. Ewing on March 18, 1996 to November 4, 2003. RESPONSE: Objection. This Request for Production is objectionable to the extent that it requests information that exceeds allowable discovery under Pa. R.C.P. 4003.3. This Request for Production does not conform to the requirements of Rule 4009.11, Request Upon a Party for 3 Production of Documents and Things. This Rule requires that the Request shall be set forth in numbered paragraphs and the items to be produced shall either be identified individually or by category, and each item or category must be described with reasonable particularity. Additionally, without further information from Plaintiff regarding the alleged cause of action, this Request would cause unreasonable annoyance, embarrassment, oppression, burden, or expense, (See Pa.R.C.P 4011(b)) and would require the making of an unreasonable investigation (See Pa. R.C.P. P. 4011(e)). Further, without additional information from Plaintiff said Request is not reasonably calculated to lead to the discovery of admissible evidence. 8. A copy of any and all insurance policies, including the declaration sheet, covering the incident in question. RESPONSE: Objection. Without further information from Plaintiff regarding the alleged cause of action, this Request would cause unreasonable annoyance, embarrassment, oppression, burden, or expense, (See Pa.R.C.P 4011(b)) and would require the making of an unreasonable investigation (See Pa. R.C.P. P. 4011(e)). Further, without additional information from Plaintiff said Request is not reasonably calculated to lead to the discovery of admissible evidence. Further. this information is unnecessary to the filing of a Complaint. 9. The entire contents of the investigative file obtained, developed or possessed by you, or anyone acting on your behalf, excluding the mental impressions of your attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and also excluding the mental impressions, conclusions or opinions of your representatives other than your attorney, respecting the value or merits of any claims or defenses, or respecting strategy or tactics. RESPONSE: 4 Objection. This Request for Production does not conform to the requirements of Rule 4009.11, Request Upon a Party for Production of Documents and Things. This Rule requires that the Request shall be set forth in numbered paragraphs and the items to be produced shall either be identified individually or by category, and each item or category must be described with reasonable particularity. Additionally, without further information from Plaintiff regarding the alleged cause of action, this Request would cause unreasonable annoyance, embarrassment, oppression, burden, or expense, (See Pa.R.C.P 4011(b)) and would require the making of an unreasonable investigation (See Pa. R.C.P. P. 4011(e)). Further, this information is unnecessary to the filing of a Complaint. 10. All documents in your possession which mention Harry W. Ewing except those protected by attorney/client privilege. RESPONSE: Objection. This Request for Production does not conform to the requirements of Rule 4009.11, Request Upon a Party for Production of Documents and Things. This Rule requires that the Request shall be set forth in numbered paragraphs and the items to be produced shall either be identified individually or by category, and each item or category must be described with reasonable particularity. Additionally, without further information from Plaintiff regarding the alleged cause of action, this Request would cause unreasonable annoyance, embarrassment, oppression, burden, or expense, (See Pa.R.C.P 4011(b)) and would require the making of an unreasonable investigation (See Pa. R.C.P. P. 4011(e)). Further, this information is unnecessary to the filing of a Complaint. 5 11. Any and all records in your possession regarding the care and treatment of Harry W. Ewing, independent of those maintained by Holy Spirit Hospital. RESPONSE: Objection. This Request for Production does not conform to the requirements of Rule 4009.11, Request Upon a Party for Production of Documents and Things. This Rule requires that the Request shall be set forth in numbered paragraphs and the items to be produced shall either be identified individually or by category, and each item or category must be described with reasonable particularity. Additionally, without further information from Plaintiff regarding the alleged cause of action, this Request would cause unreasonable annoyance, embarrassment, oppression, burden, or expense, (See Pa.R.C.P 4011(b)) and would require the making of an unreasonable investigation (See Pa. R.C.P. P. 4011(e)). It is believed that Plaintiff's counsel is in possession of Answering Defendants' radiologic reports. 12. Any and all documents reflecting the contractual arrangement between you and Holy Spirit Hospital. RESPONSE: Objection. Without further information from Plaintiff, Answering Defendants are unable to accurately identify which contract or portions thereof are responsive to this request. 13. A copy of all contracts and/or agreements between you and Holy Spirit Hospital. RESPONSE: Objection. Without further information from Plaintiff, Answering Defendants are unable to accurately identify which contract or portions thereof are responsive to this request. 6 14. Any and all incident, MIIX and/or unusual occurrence reports prepared in connection with the incident giving rise to this lawsuit. RESPONSE: Objection. This Request for Production is objectionable to the extent that it requests information that exceeds allowable discovery under Pa. R.C.P. 4003.3. Further, without additional information from Plaintiff said Request is overly broad and burdensome and is not reasonably calculated to lead to the discovery of admissible evidence. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Joseph P. Hafef, Esquire Attorney I.D. No. 07186 Gerryanne Cauler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7613 DATE: 322379.2 7 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: James E. Ellison, Esquire- Hand Delivered on November 7, 2004 Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (Counsel for Plaintiffi Donald Bruaw, D.O. 56 South Enola Drive Enola, PA 17025 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Alan D. Roumm, M.D. and Sanford and Roumm Rheumatology) James Saxton, Esquire Stevens & Lee, P.C. 25 North Queen Street, Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (Counsel for Barbara K. Kunkel, M.D. and Quantum Imaging and Therapeutic Associates, Inc.) Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for Lawrence B. Zimmerman, M.D. and Internists of Central PA) BGTSPB Group, Ltd. 108 Lowther Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: ?,?---t-° Joseph P. afer, Esquire Attorney I.D. No. 07186 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 DATE: (717) 255-7613 322475.2 t. MICHAEL M. BADOWSIO, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: [717] 760-7500 Fax: [717] 975-8124 E-Mail: mbadowski@margolisedelstein.com t Attorney for Defendants ALAN D. ROUMM, M.D. and SANFORD AND ROUMM RHEUMATOLOGY DOROTHY R. EWING, Executrix of the IN THE COURT OF COMMON PLEAS Estate of Harry W. Ewing, Deceased, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 04-4820 DONALD BRUAW, D.O.; ALAN D. r, R.OLTMM, M.D.; SANFORD AND ? ROUMM RHEUMATOLOGY; BARBARA K. KUNKEL, M.D.; RICHARD STEWART, M.D.; QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC.; LAWRENCE B. ZIMMERMAN, _ C.:) M.D.; INTERNISTS OF CENTRAL PA _... c? and BGTSPB GROUP, LTD., - ' c', -- Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE: TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. Date: A0 ;?-4 'Oq rUE COPY FROM RECORD 15, '*.imony whereo#, i here unto set my hand ?-tn 1kna seal ? ppt said Court at Carlisle, Pa. I this INC--day (0 , ?! n-?- o 4roh4a onotary TO THE PLAINTIFF: Respectfully submitted, MARGOLIS LS IIN By: Michael M. Badowski, Esquire Attorneys for Defendants Alan D. Roumm, M.D., and Sanford and Roumm Rheumatology RULE You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service f this Rule against you or suffer judgment non pros. Dated: (iL,+ a a-coy de4y? ?- a, Pzmtary Joseph P. Hafer, Esquire Attorney I.D. No. 07186 Gerryanne Cauler, Esquire Attorney I.D. No. 90539 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Phone - (717) 255-7613 Fax - (717) 237-7105 jhafer@tthlaw.com gcauler@tthlaw.com DOROTHY J. EWING, Executrix of the Estate of HARRY W. EWING, Deceased, Plaintiff V. DONALD BRUAW, D.O., ALAN D. ROUMM, M.D., SANFORD AND ROUMM RHEUMATOLOGY, BARBARA K. KUNKEL, M.D., RICHARD STEWART, M.D., QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC., LAWRENCE B. ZD IMERMAN, M.D., INTERNISTS OF CENTRAL PA and BGTSPB GROUP, LTD., Defendants Attorneys for Defendants: Richard Stewart, M.D. and Quantum Imaging and Therapeutic Associates, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 04-4820 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: L7 L "r`ij, IT! Gee: N O (-) N "O N Uri Cr+ Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. TRUE COPY FROM RECORD In Tmilmony wN=+aot, I here unto set my nand and the s c; .?=-:+d Court at Carlisle, Pa. the ay^ os nr-- , " By: henom DATE: JC? -2-S-64 Respectfully s bmitt e?l Thomas, Tho as Hafer P Joseph . Hafer, Esquire RULE/ NOW, Or-.. 2004, RULE IS ISSUED AS BOVE. Prothonotary c T m Cl C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ' DOROTHY J. EWING, Executrix of the Estate of HARRY W. EWING, deceased, ) Can ACTION -LAW V. Plaintiff, ) No: 04-4820 ) DONALD BRUAW, D.O.; ALAN D ) ROUMM, M.D. and SANFORD AND } ROUMM RHEUMATOLOGY; BARBARA ) K. KUNKEL, M.D.; RICHARD STEWART, ) M.D. and QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES; ) LAWRENCE B. Z1MME } . INTERNISTS OF CENTRAL A a d ) BGTSPG GROUP, LTD., ) Defendant. ) JURY TRIAL DEMANDED RULE AND NOW, this -2f,+?ay of n 2004, upon consideration of the foregoing Praecipe, Plaintiffs are hereby ordered to file their Complaint withi hereof or sufferJ'ud n twenty (20) days gment of non pros. BY THE PROTHONOTARY: TRUE ' COPY FROM RECORD In Testimony whereof, I here uT to set. rny hand i,W the ssal of said Court at Cad!, a. Pa. T ' '??-It4pyv --I-, M?'jhonetary r- CERTIFICATE OF SERVICE I hereby certify that on this 12th day of November, 2004, a true and correct copy of the foregoing "Plaintiff's Motion for Leave to Conduct Pre-Complaint Discovery" was served by means of United States mail, first class, postage prepaid, upon the following: Michael Badowski, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 (Counsel for Defendants Alan D. Roumm, M.D. and Sanford and Roumm Rheumatology) Craig A. Stone, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for Defendants, Lawrence B. Zimmerman, M.D. and Internists of Central, PA, Ltd.) Donald Bruaw, D.O. 56 South Enola Drive Enola, PA 17025 Barbara K. Kunkel, M.D., 405 St. Johns Church Road Camp Hill, PA 17011 Joseph P. Hafer, Esquire Gerryanne Cauler, Esquire Thomas, Thomas & Hafer LLP 305 North Front Street Harrisburg, PA 17101 (Counsel for Defendants, Richard Stewart, M_4. and Quantum Imaging and Therapeutic Associates, Inc.) yi / VVV ' Susan B. Chandler .. r, r T- l._ J a. J CJl -•C LIEN SATISFACTION Name: Peter Weigher Social Security Number: 181-56-5337 Judgment Lien Satisfied as of: 06/22/04 Amount Paid: $ 2136.72 Signed: ))?. A- (Lien Coordinator) Pacses# 535105827 No. 03-4820 CV DR# JAN 0 6 10('S (Date) CC722 C? 0 r- ! ' t^ ti T e T y C__ f.J _. t AMY S. WEIGHER, IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 03-4820 PETER T. WEIGHER, ) Defendant } IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for Peter T. Weigher in the above matter. 5 May 2005 Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 TO THE PROTHONOTARY: Please withdraw my appearance for Peter T. Weigher in the above matter. May 10, 2005 / J,Paul H Ivy ttorn at Law Supreme Court ID 148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 -; -., ..?, <<:. ?_? ??, ??? _ ; y i -- „9?_, ` i _ +') ` r , _.a • ,. ?, w T SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demme], Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 ? ]I ? uir Whl}1,,_l?fl,l, jdarnneiu:aasilo.c nn Attorneys for Plaintiff AMY J. WEIGHER, PLAINTIFF V. PETER T. WEIGHER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 034820 CIVIL, TERM CIVIL ACTION - DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for PLAINTIFF in TUCKER ARE ERG, P.C. Date: 2 / By: / Jam . M?? ^n Jr., I. . # d PRAECIPE FOR ENTR WOF APPEARANCE TO THE PRO'i HONOTARY: action. Please enter the appearance of the undersigned as counsel for PLAINTIFF in the above-captioned action. Date: Z- S d? SMIGEL, ANDERSON & SACKS, LLP By: "?2 X?x r LeRoy Smigel, squire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3`d Mr. Harrisburg, PA 17110-1778 Phone (717) 234-2401 Counsel for Plaintiff SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, and Mr. Harrisburg, PA 17110-1778 (717) 234-2401 lsnrigel.?r?!sas I ll?_cgm j dcmmel(Zusasl lp.com Attorneys for Plaintiff AMY J. WEIGHER, PLAINTIFF V. PETER T. WEIGHER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 034820 CIVIL TERM CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, counsel for Plaintiff, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Withdrawal/Entry of Appearance upon the undersigned by depositing same in the U.S. Mail on 1 {S OQ , with postage prepaid, first class mail and addressed as follows: JAMES G. MORGAN, JR., ESQUIRE TUCKER ARENSBERG, P.C. P.O. BOX 889 HARRISBURG, PA 17108 Date: q-- IS10 SAMUEL L. ANDES, ESQUIRE P.O. BOX 168 LEMOYNE, PA 17043 (counsel for Defendant) SMIGEL, ANDERSON & SACKS, LLP By: LeRoy Smigel, quire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 Phone (717) 234-2401 Counsel for Plaintiff C7 C::1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY J. WEIGHER, CIVIL DIVISION Plaintiff Vs. PETER T. WEIGHER, File No. 03-4820 CIVIL TERM IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the ® Plaintiff ? Defendant in the above matter, [Select one of the following] ® prior to the entry of a Final Decree in Divorce, or ? after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Amy Jean Julius , and gives this written notice avowing444her intention pursuant to the provisions of 54 P. S. § 704. Date: January 23, 2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On the 23rd day of January , 2007, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that #e/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notarial Seal Vicky L Fitz, Notary Public Susquehanna Twp., Dauphin County FMy Commission F)tres Jan. 6, 2011 /Signature Signatur of ame bein umed Member, Pennsylvania Association of Notaries g W ~ '1 I/ AMY J. WEIGHER, PLAINTIFF VS. PETER T. WEIGHER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4820 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on or about 11 May 2003 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: K/ PETER T. WEIGHER AMY J. WEIGHER, ) Plaintiff ) vs. ) PETER T. WEIGHER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4820 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Chec k either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) T he marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: AMY J. WEIGHER NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. " ?? ? ? -*s ? ?r, :??y ???_. ^,,,. ? ? r.... ? s? ? c? ? ?:i:: ? ? ? ? ? it AMY J. WEIGHER, Plaintiff vs. PETER T. WEIGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4820 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION TO REDUCE ALIMONY PENDENTE LITE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to reduce the alimony pendente lite he is required to pay in this matter, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. Defendant is currently obligated to pay alimony pendente lite to Plaintiff pursuant to an order previously entered by this court. 3. Since the entry of the present APL order, the circumstances of the parties have changed to the point that a significant reduction of the amount of that order is required. The changes and circumstances include: A. Defendant is now charged with responsibility for the care and custody of his minor children at least 50% of the time and his ability to earn income and his household expenses have been affected by those custodial arrangements. B. Defendant's income is significantly less than it was at the time the current order was entered. C. Plaintiff's ability to support herself, through realistic earnings, has increased and she no longer has the need for APL as she did at the time the order was entered. 4. As a result of the above, Defendant believes a reduction in the APL order is justified and required. WHEREFORE, Defendant prays this court to schedule a conference at the Domestic Relations Office on this Petition and, after such conference, or after a hearing if necessary, to reduce the APL he is required to pay to Plaintiff. 01A Q-1 el L. An es Attorney for Defendant Supreme Court ID # 17225 525 North 12"' Street Lemoyne, Pa 17043 (717) 761-5361 . . .1 V I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: d d 0 PETER T. WEIGHER C Ert"1 rr: T tav ? C..3 AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 03-4820 CIVIL TERM PETER T. WEIGHER, IN DIVORCE Defendant/Petitioner PACSES Case Number: 535105827 ORDER OF COURT AND NOW, this 13th day of February 2007, a petition has been filed against you, Amy J. Weigher, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on March 12, 2007 at 10:30A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Leroy Smigel, Esq. Date of Order: February 13, 2007 R. . Sha y, C nference Officer '' YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 -c1 rr, r- AMY J. WEIGHER, P laintiff/Respondent VS. PETER T. WEIGHER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 03-4820 CIVIL TERM IN DIVORCE PACSES Case Number: 535105827 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 22nd day of February 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on March 22, 2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of March 12, 2007. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: February 22, 2007 Copies mailed to: Petitioner Respondent LeRoy Smigel, Esq. Samuel L. Andes, Esq. ._?...t Sh ay, nference Officer r .s YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 rri o .xa 9 , AMY J. WEIGHER, Plaintiff VS. PETER T. WEIGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4820 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Chec k either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) T he marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if i do not /claim them before a divorce is granted. V (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. --- p Date: oXo- -0G NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. r-a a ? .?.` -'? ??.? p, ? ' ? c..' ?"r - ' '", ' ? -ri r;z ,. .-?- - ?4 ?? ±? ? AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. PETERE T. WEIGHER, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 03-4820 CIVIL TERM IN DIVORCE PACSES Case Number: 535105827 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 27th day of April 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on May 29, 2007 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of March 22, 2007. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: April 27, 2007 Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Leroy Smigel, Esq. f 4t--4"- 'R.'J. S day, onference Officer r YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?s ?? ;? ? ?? ' `_?i? s : s ?? <? .? , . .., =??? ? ..? 1 ? . c? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMY J. WEIGHER ) Docket Number 03-4820 CIVIL Plaintiff ) VS. ) PACSES Case Number 535105827 PETER T. WEIGHER ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 23RD DAY OF MAY, 2007 IT IS HEREBY ORDERED that the 0 Complaint for Support or ® Petition to Modify or 0 Other filed on FEBRUARY 12, 2007 in the above captioned matter is dismissed without prejudice due to: THE DEFENDANT WITHDRAWING HIS PETITION FOR MODIFICATION OF THE ALIMONY PENDENTE LITE ORDER. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: J. /44eslef olef, H. , - ' ' ( JUDGE Form OE-506 Seervicrvie R. J . Type m Shadday Worker ID 21005 e" °? C _?,: w ..?.?';-r, ?. ...-; _ ? _ i r, ?"• • '=.:' __ : ?'" D'5 - H Sao MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, is made this day of 14U C-vT- , 2008' 7 and is by and between: PETER T. WEIGHER, hereinafter referred to as "Husband"; and AMY J. WEIGHER, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 10, 1987; and WHEREAS, two children were born of this marriage, namely, Benjamin T. Weigher, born on November 8, 1990, and Logan R. Weigher, born on June 14, 1993; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, have consulted with various attorneys during the pendency of the divorce action between them and their separation and are satisfied that they understand their legal rights and obligations under the law and the identity and value of their marital assets and claims and, based upon all of that, have come to the following agreement. Pagel of 2 3 NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION AND SUBSEQUENT RECONCILIATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations unless the parties otherwise specifically agree in writing. Neither Husband nor Wife shall alienate nor attempt to alienate the affections of the children from the other party. 2. PERSONAL RIGHTS. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that since their separation on May 11, 2003, she has. not, and in the future she will not, contract or incur any debt or liability for which Page 2 of 23 Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: After the date of separation, Husband wanted to obtain a line of credit and refinance the mortgage on the parties' jointly owned real estate located at 509 Haldeman Boulevard, New Cumberland, PA. In order to enable Husband to obtain the line of credit and to refinance the mortgage, Wife agreed to provide Husband with a deed to said property with the understanding that the value of the property would be included as part of the overall equitable distribution of the parties' assets. In return, Husband agreed to be solely liable for the line of credit and the mortgage on the 509 Haldeman Boulevard property. Husband represents and warrants to Wife that since their separation on May 11, 2003, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Page 3 of 23 Description of Debt Responsible Party Mortgage with Mid Penn Bank Husband on 725 Harding Street, New Cumberland, PA Mortgage with National City Mortgage Company Husband on 22 Chestnut Street, Shiremanstown, PA Mortgage with Mid-Penn Bank Husband on 102 Hampden Avenue, Camp Hill, PA Husband agrees to be solely responsible for the payment of all future mortgage payments of principal and interest relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises in accordance with their terms, and agrees to indemnify Wife from any loss by reason of her default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. If any claim, action, or proceeding is hereinafter instituted seeking to hold Wife liable for such debts or obligations, Husband will, at his sole expense, defend Wife against any such claim, action, or proceeding, whether or not well founded, and indemnify her against any loss resulting therefrom. Pursuant to Paragraph 8 of this Agreement, Husband shall pay off and satisfy the existing mortgage on 725 Harding Street and Wife shall be responsible to pay all of the expenses associated with or arising out of that property after the date of this Agreement. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the Page 4 of 23 other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: . Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, Page 5 of 23 and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A", and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit "A". The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit "A" attached hereto. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of Page 6 of 23 such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: (1) The parties agree that, at the time of separation, they were the joint owners of real estate situated at 509 Haldeman Boulevard, New Cumberland, PA. Wife transferred all of her right, title and interest in said real estate to Husband after separation to afford him the opportunity to refinance the mortgage on said property. Wife does hereby confirm the property to be sole and separate property of Husband and Wife waives any further claim to or interest in the property. Husband has refinanced the mortgage and taken a line of credit and hereby agrees to be solely responsible for the payment of all future mortgage payments, line of credit payments, taxes, insurance and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage and line of credit obligations on said premises in accordance with their terms, and agrees to indemnify Wife from any loss by reason of her default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. If any claim, action, or proceeding is hereinafter instituted seeking to hold Wife liable for such debts or obligations, Husband will, at his sole expense, defend Wife against any such claim, action, or proceeding, whether or not well founded, and indemnify her against any loss resulting therefrom. (2) Wife agrees to transfer all right, title and interest in and to the real estate situated at 22 Chestnut Street, Shiremanstown, PA, now titled in the name of Husband and Wife as tenants by the entireties, to Husband and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Wife further acknowledges that she has no Page 7 of 23 claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the National City Mortgage Company Bank mortgage on said property, which has an approximate balance of $85,00000. (3) Wife agrees to transfer all right, title and interest in and to the real estate situated at 102 Hampden Avenue, Camp Hill, PA, now titled in the name of Husband and Wife as tenants by the entireties, to Husband and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Wife further acknowledges that she has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the Mid-Penn Bank mortgage on said property, which has an approximate balance of $79,500.00. (4) Wife agrees to transfer all right, title and interest in and to the real estate situated at Round Top Road in Lewisberry, York County, Pennsylvania (vacant unimproved land), now titled in the name of Husband and Wife as tenants by the entireties, to Husband and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Wife further acknowledges that she has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Said property is held free and clear of any liens and encumbrances. (5) Husband agrees to transfer all right, title and interest in and to the real estate situated at 725 Harding Street, New Cumberland, PA, now titled in the name of Husband and Wife as tenants by the entireties, to Wife and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Husband further acknowledges Page 8 of 2 3 that he has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Husband shall pay off and satisfy the mortgage against the property at 725 Harding Street pursuant to Paragraph 8 of this Agreement. 8. REFINANCING OF MORTGAGES ON THE PARTIES' REAL ESTATE: (1) Husband agrees that, within sixty (60) days of the signing of this Agreement, he shall take the necessary steps to refinance or otherwise obtain Wife's unconditional release from the debts secured by mortgages which presently encumber the Chestnut Street, Shiremanstown, property and the 102 Hampden Avenue, Camp Hill, property in order to remove Wife's name from said mortgages such that she shall have no responsibility whatsoever for said mortgages in the future. (2) Husband shall, within sixty (60) days of the date of this Agreement, pay off and satisfy the mortgage against the property at 725 Harding Street and shall, promptly thereafter, provide verification to Wife that the debt has been paid and the mortgage satisfied. 9. FINANCIAL ASSETS: The parties agree that the following retirement accounts, currently held in Husband's name alone, shall be transferred to Wife's sole ownership: (1) Smith Barney IRA No. 5262 with a value of approximately $3,000.00; and (2) Smith Barney SEP IRA No. 8426 with a value of approximately $27,500.00; and Page 9 of 23 (3) Prudential SEP IRA No. 9102 with a value of approximately $27,700.00; and (4) Prudential SEP IRA No. 5934 with a value of approximately $500.00. The parties will execute all documents necessary to complete this transfer as promptly as possible after the date of this Agreement- If the transfer requires Wife to open a.retirement account in her name alone, she will promptly do so. If a court order or other court action is required to make the transfer as a tax-free rollover, the parties will cooperate with each other to obtain and implement that order and Husband will pay the cost of preparing and obtaining any such order or orders. 10. MOTOR VEHICLES AND BOAT: With respect to the motor vehicles and pontoon boat owned by one or both of the parties, they agree as follows: (a) The 1997 850 Volvo automobile shall be transferred to Wife. (b) The Starcraft pontoon boat shall be retained by Husband as his sole and separate property. (c) The title to the said motor vehicle and boat shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. (d) Each of the parties shall be solely responsible for, and shall pay, all expenses arising out of their ownership or use of the motor vehicle and boat from the Page 10 of 23 date of their separation and into the future and shall further indemnify and save the other harmless from any loss, cost, or expense caused by their failure to pay such debts or obligations. 11. PROCEEDS OF SALE OF GOOD HOPE ROAD PROPERTY The parties acknowledge that, after their separation, they sold real estate at 541 Good Hope Road in Cumberland County and that the net proceeds of that sale, in the approximate amount of $41,800.00 are held in an escrow account by Keystone Land Transfer. The parties agree that the funds in that escrow account shall be paid to Wife promptly after the execution of this Agreement and the parties agree that they will execute and deliver all documents necessary to transfer those funds to Wife promptly. 12. LIFE INSURANCE: Husband agrees to continue to maintain in full force and effect the present insurance policies on his life issued by Securities Mutual Life in an amount of at least $200,000.00 until such time as his alimony obligations under this Agreement are satisfied. Husband shall designate Wife as the sole beneficiary of at least $200,000.00 of the death benefits on that policy for the first twelve (12) months following the date of this Agreement and shall have the right to reduce that death benefit designation for Wife by $28,000.00 per year thereafter. Husband shall maintain the parties' two children as the primary beneficiary of the balance of the death benefit under that policy and shall continue such designation, increasing the death benefits payable to the children as the death benefits payable to Wife decrease, so long as he is obligated to pay alimony hereunder. In addition, Husband shall maintain the children as the primary beneficiaries, even after his obligation to pay alimony hereunder has terminated, until the youngest child attains the age of thirty (30) years. In the event that Husband fails to make payment of the life insurance premiums, Wife shall have the right to make those premiums, in her sole discretion, and Husband shall thereafter reimburse her for any such premium payments which she makes. Further, he shall not Page 11 of 23 borrow against, assign, pledge, or otherwise encumber the insurance, surrender or cash it in, or take any other action that would reduce the death benefits below that amount required to satisfy his obligation to Wife as set out in this Paragraph. Within thirty (30) days after the execution of this Agreement, Husband will provide to Wife verification that he has satisfied the requirements of this Paragraph to provide insurance for her benefit on his life. Husband shall further provide verification to Wife, at least annually, that the insurance required by this Paragraph is in full force and effect in accordance with this Paragraph. 13. KEYSTONE LAND TRANSFER: At the time of the signing of this Agreement, Husband was the owner of a less than one (1%) percent limited partnership interest in Keystone Land Transfer. Wife shall waive all of her right, title and interest to said interest in return for which Husband shall assume all liability incident to said ownership and shall hold Wife harmless from any and all liability incident to said limited partnership interest. 14. CHILD CUSTODY. Husband and Wife agree that they are parties to an action in child custody filed to No. 2005-5576 before the Court of Common Pleas of Cumberland County, Pennsylvania and that they are subject to an order entered in that matter dated 20 January 2006 which provides for the legal and physical custody of their children. They agree to abide by that order and to have all future custody matters between them determined by the court in that action, by the present order as it may be modified in the future. 15. CHILD SUPPORT. Husband and Wife acknowledge that they are parties to an action in support before the Court of Common Pleas of Cumberland County, Pennsylvania, filed to No. 425 S 2003 (PACSES No. 475105471) which obligates Husband to pay Wife the sum of $2,425.00 per month for the support of the children. The parties agree that they will abide by that order Page 12 of 23 and that future claims between them regarding support of the children will be resolved by that order, as it may be modified in the future in accordance with the laws of the Commonwealth of Pennsylvania. 16. ALIMONY: Husband agrees to pay Wife the sum of $2,300 per month for the support and maintenance of Wife. Such obligation for support to Wife shall commence at the signing of this Agreement and continue until the first of the following events shall occur, otherwise, said alimony is non-modifiable in amount or term: (a) Forty-eight (48) months after the date this Agreement is signed; (b) The death of either party; (c) Wife's remarriage; or (d) Wife's cohabitation with a person of the opposite sex, who is not a member of the Wife's immediate family within the degrees of consanguinity subsequent to the signing of this Agreement. Husband further agrees to provide medical and hospitalization coverage for Wife until the entry of a final Decree in Divorce between the parties. The parties agree that, upon the entry of the final decree in divorce, the order entered by the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 03-4820, which obligates Husband to pay alimony pendente lite to Wife, shall terminate absolutely and, upon Husband's payment of any arrearage owed under the order at the date it is terminated, the order shall be null and void and shall have no further effect but shall be replaced by the provisions of this Paragraph for the payment of alimony. Wife acknowledges and agrees that the provisions of this Agreement providing for the payment of alimony to her by her Husband Page 13 of 23 are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife or Husband and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance or request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife or Husband whatsoever, except for the reasons to terminate the alimony payment expressly set forth in this Paragraph or the entry of an order, through the Cumberland County Domestic Relations Office, to administer and enforce the payment of alimony required by this Agreement.. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. The alimony payments due hereunder shall be made through the Domestic Relations Office of Cumberland County and shall be made on or before the first day of each month, commencing with the first month following the execution of this Agreement and, contemporaneously with the commencement of the alimony payments, the order currently entered against Husband obligating him to pay alimony pendente lite or spousal support to Wife shall terminate. Page 14 of 23 17. CHILDREN'S TAX EXEMPTIONS: The parties shall share the right to claim the children as tax exemptions. Husband shall have the right to claim Logan's personal exemption for income tax purposes, through her minority or thereafter as permitted by law. Wife has the right to claim Benjamin throughout his minority or thereafter as permitted by law. Once there is only one exemption left, Husband shall be entitled to claim the exemption. 18. WAIVER OF EQUITABLE DISTRIBUTION: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 19. WAIVER OF ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and Page 15 of 23 demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 20. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 21. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Page 16 of 23 22. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties shall execute such consents, affidavits, or other documents and file them with the court and take all other action as may be reasonably necessary to conclude the divorce and deliver them to their respective counsel to be delivered to Wife's attorney who shall, promptly upon receipt of those documents, file them and the other documents necessary to conclude the divorce between the parties. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 23. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of reasonable and necessary legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 24. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. Page 17 of 23 25. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 26. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 27. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all informatioll relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. Page 18 of 23 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been some formal discovery conducted in their pending divorce action but that the parties have not filed Inventories as required by Section 3505 (b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Page 19 of 23 The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 31. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 34. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. Page 20 of 23 35. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. (SEAL) Peter T. Weigher (SEAL) A Y J. Weigh r Page 21 of 23 COMMONWEALTH OF PENNSYLVANIA ) (SS: COUNTY OF CUMBERLAND ) On this, the AA- day of (?? , 2007, before me, a Notary Public, the undersigned officer, personally a eared PETER T. WEIGHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL Carol A Hinman NOTARY PUBLIC City of Camp Hill, Cumberiand County My Commission Expires 06/12/2011 Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ( SS: On this, the 16h day of , 2007, before me, a Notary Public, the undersi ne o icer, persona y ppeare my )-.Weigher, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ??QN' LTH OF PENNSYLVANIA Notarial Seal Tonya S. Stoneroad, Notary Punic Susquehanna Twp., Dauphin County My Commission E-xpires Nov. 29, 2008 Member+nn :.,1:_ r Of Notaries r Notary/Public Page 22 of 23 EXHIBIT "A" Wife shall retain the following ems: Wife's Books Albums (music) Brown plates that were Wife's uncle's Wife's father's Air Force clothing The globe that Wife's father gave to her Kitchen items that Wife collected when she was younger Page 23 of 23 S 'i1 _? .. ,; a AMY J. WEIGHER, Plaintiff vs. PETER T. WEIGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4820 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 12 September 2003 and served thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. a-? Dated: A J EIGHE C1 AMY J. WEIGHER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2003-4820 CIVIL TERM PETER T. WEIGHER, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 12 September 2003 and served thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. l understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 8 a? /07 Dat d: PETER T. WEIGHER .? °?. ?,? _. SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, P Flr. Harrisburg, PA 17110-1778 (717) 234-2401 lsmigel(csasllp.com idemmel nsaslln.com Attorneys for Plaintiffs AMY J. WEIGHER, PLAINTIFF PENNSYLVANIA V. PETER T. WEIGHER, DEFENDANT TO THE PROTHONOTARY.- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 03-4820 CIVIL TERM CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Divorce Complaint was served via First Class Mail on September 19, 2003. A copy of the Acceptance of Service is attached hereto. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on August 27, 2007; and by Defendant on August 24, 2007. (b)(1). Date of execution of the Affidavit required by §3301(d) of the Divorce Code: Not applicable. (b)(2). Date of filing and service of the Plaintiffs Affidavit upon the Respondent: Not applicable. 4. Related claims pending: None. 5. (a). Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: Not applicable. (b). Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date: ?? v r SMIGEL, ANDERSON & SACKS, LLP C By. )- , - ?Q Le oy S gel, Esquire I.D.#: 09617 J Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff AMY J. WEIGHER, Plaintiff V. PETER T. WEIGHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4820 Civil Term CIVIL ACTION - LAW r-- r IN DIVORCE %CCEPTANCE OF SERywE I accept service of the Complaint for Divorce in the above matter on behalf of the Defendant, Peter T. Weigher. DATED: 0C1-,z? , c? -1 62683.1 j 3 i? .__.._ ,._..3 F ?" Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Nff J. WEIGHER PLAINYMF VERSUS PEM T. WEIGHER No. 2003-4820 CIVIL TERM DECREE IN DIVORCE AND NOW, aD 1 , IT IS ORDERED AND DECREED THAT Amy J. Weigher , PLAINTIFF, AND Peter T. Weigher DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. It is further ORDERED and DECREED that the Marital Settlement Agreement executed by and between the parties, dated August 24, 2007, is g?nn?ozrpoix?Tated byr er oa to tbLs Decree for thm rposes of enforcement but sriall NOT be ?ve een merged with this Decree. BY THE COURT: I /J?? Z--? AATTESTO U J. d=k PROTHONOTARY 44V a -h R Y i AMY J. WEIGHER, PLAINTIFF V. PETER T. WEIGHER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4820 CIVIL TERM CIVIL ACTION - DIVORCE STIPULATION AND NOW, this of(` , 2007, counsel for the parties in the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses the intent of their respective client and that it may be adopted as a Court Order. LAW OFFICE OF SAMUEL L. ANDES By: S el L. Akp , Esquire P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Attorney for Defendant SMIGEL, ANDERSON & SACKS, LLP By: Le y Smig , Esquire ID # 09617 Ja s R emmel, Esquire ID # 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff c _ niw y AMY J. WEIGHER, . Plaintiff/Petitioner VS. . PETER J. WEIGHER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 03-4820 CIVIL TERM IN DIVORCE PACSES Case No: 535105827 ORDER OF COURT AND NOW to wit, this 1 lth day of December 2007, it is hereby Ordered that the above captioned Alimony Pendente Lite order is terminated, effective September 7, 2007, pursuant to the parties' Decree in Divorce. The APL account is closed with a credit of $4,742.06. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. James R. Demmel, Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: 0 _0 AMY J. WEIGHER, IN THE COURT OF COMMON PLEAS n PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Y V. NO. 03-4820 CIVIL TERM PETER T. WEIGHER, DEC 11 2oo?. DEFENDANT CIVIL ACTION - DIVORCE ALIMONY ORDER AND NOW, this _V_!? day of ?L 2007, based upon the attached Stipulation it is hereby ordered as follows: 1. Defendant shall pay Plaintiff alimony in the amount of two thousand three hundred ($2,300.00) dollars per month, effective September 1, 2007, for a period of forty-eight (48) months. 2. Defendant's alimony payments are due on the first day of each month. 3. Defendant's alimony payments shall terminate upon the payment of forty-eight monthly payments, Plaintiff's remarriage or cohabitation (as defined in Paragraph 16 of the parties' Marriage Settlement Agreement), upon Plaintiff's death, or upon Defendant's death, whichever first occurs. 4. The amount and term of Defendant's alimony payments shall not be subject to modification. 5. Defendant shall make all payments through the Cumberland County Domestic Relations Office. VN(VAIASNNad nc i?r?,:Pgmo Z C :01 WV 81 330 LOOZ Auld UND HOd'd 3Hi J0 6 9 I ,%. . w 6. When or if arrears exist, Defendant shall pay four hundred ($400) dollars per month towards the arrears balance until the arrears are satisfied. Distribution: Amy Julius, 725 Harding Street, New Cumberland, PA 17070 Peter Weigher, 509 Haldeman Blvd, New Cumberland, PA 17070 ,,,L-!Roy Smigel, Esquire, 4431 North Front Street, Harrisburg, PA 17110 t?muel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 V kc?? \ft/ - BY THE COURT: