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HomeMy WebLinkAbout03-5560IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 ^ Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED THEODEORE GARMAN. JR. 1094 South York Road Dillsburg, PA 17019 LARRY A. MORRISON, JR 5 Penny Lane Enola, PA 17025 and KRISTINE L. HARRISON 26 York Circle Mechanicsburg, PA 17055 Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. Defendant(s) & Address(es) X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff W. Scott Henninq, Esquire 1300 Linqlestown Road Harrisburq, PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney Supreme Date: October 1 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. c/ /S/ z 4- iC /dil?J Prothonotary Date: 00 • a/, JM3 by J eD? y Deputy/ ? ( ) Check here if reverse is used for additional information 1 ROTHON.-55 ?? f SHERIFF'S RETURN - REGULAR CASE NO: 2003-05560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARMAN THEODEORE JR VS MORRISON LARRY A JR ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MORRISON LARRY A JR the DEFENDANT , at 1901:00 HOURS, on the 23rd day of October , 2003 at 5 PENNY LANE ENOLA, PA 17025 by handing to LARRY MORRISON SR, FATHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this l ?-- day of 74v'? o2W-3 A.D. --r Prothonotary '4dq So Answers: R. Thomas Kline 10/24/2003 HANDLER HENNING ROSENBERG By: ep ty SHERIFF'S RETURN - REGULAR CASE NO: 2003-05560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARMAN THEODEORE JR VS MORRISON LARRY A JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HARRISON KRISTINE L the DEFENDANT , at 1955:00 HOURS, on the 23rd day of October , 2003 at 26 YORK CIRCLE MECHANICSBURG, PA 17055 KRISTINE L HARRISON by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 23.59 Sworn and Subscribed to before me this 66 day of 7 yrr.? (nJ-0U?3? AEI .. D. ?yProthono ary " So Answers: ? y R. Thomas Kline 10/24/2003 HANDLER HENNING ROSENBERG By: epu Sher THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. Respectfully submitted, DATE: a,n, 03 THOMAS, THOMAS & HAFER, LLP By: LIC M7 / e Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants 269617-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the day of t v?? 2003: W. Scott Henning, Esquire HANDLER, HENNING & ROSENFELD 1300 Linglestown Road Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP eC P-" 7 1 By. Kevin C. McNamara, Esquire 269617-1 r°i tz; THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants THEODORE GARMAN, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Plaintiff and Plaintiff's counsel: You are hereby ruled to file a Complaint against Defendants within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). dex?r -? 2_? Prothon 269618-1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: k/,- C _YY1 cy?) a^M.ov..q..- Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants DATE: ?a/' r/OJ 269618-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the / day of 0,t-,evKlo-'Y' , 2003: W. Scott Henning, Esquire HANDLER, HENNING & ROSENFELD 1300 Linglestown Road Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP By: kC??- Kevin C. McNamara, Esquire 269618-1 ?. ?T z` m r" ?.? ?= ? ?_ c , ?_: .: << THEODORE GARMAN, JR., Plaintiff V. LARRY MORRISON, JR., and KRISTINE HARRISON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HENNING By W. Scott Henning, Esq. I. D. #32298 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff ENBERG,LLP F:\WP Directories\JJV\Complaint\MVA\garman.wpd THEODORE GARMAN, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2003-5560 LARRY MORRISON, JR., and KRISTINE HARRISON Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Theodore Garman, Jr., by and through his attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and makes the within Complaint against the Defendants, Larry Morrison, Jr. and Kristine Harrison, as follows: 1. Plaintiff, Theodore Garman, Jr., is an adult individual currently residing at 1094 South York Road, Dillsburg, York County, Pennsylvania 17019. 2. Defendant, Larry Morrison, Jr., is an adult individual currently residing at 5 Penny Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant, Kristine Harrison, is an adult individual currently residing at 26 York Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. At all times material hereto, Defendant, Larry Morrison, Jr., was the operator of a 1970 Chevrolet Chevelle bearing Pennsylvania Registration Number CCD 7154 (hereinafter "Defendant's vehicle") 5. At all times material hereto, Defendant, Kristine Harrison was the owner of the vehicle being operated by Larry Morrison, Jr. 6. At all times material hereto, Plaintiff was aback seat passenger in Defendant's vehicle. 7. On or about, November 11, 2001 at about 8:27 pm, Defendant, Larry Morrison, Jr., was operating Defendant's vehicle in a southbound direction on SR 1007 in Silver Spring Township, Cumberland County, Pennsylvania. 8. Defendant, Larry Morrison, Jr., was traveling at a high rate of speed, lost control of the vehicle and crossed over the double yellow lines and eventually struck a utility pole. 9. Plaintiff, Theodore Garman, Jr., was violently thrown around the interior of Defendant's vehicle as the vehicle was leaving the roadway and struck the utility pole, resulting in injuries that necessitated him to be driven from the scene of the accident by ambulance to the emergency room at Carlisle Hospital. 10. Defendant, LarryMorrison, Jr., was subsequently charged with Driving Under the Influence and Reckless Driving. 11. Because Defendant, Larry Morrison, Jr., was charged with Driving Underthe Influence, Plaintiff, Theodore Garman, Jr., is presumed to be covered by the Full Tort option pursuantto Section 1705 ofthe Pennsylvania Motor Vehicle Financial Responsibility Law. COUNTI - NEGLIGENCE Theodore Garman, Jr v Larry Morrison Jr. 12. Paragraphs 1-11 are incorporated herein as if set forth at length. 13. The occurrence of the aforementioned collision and all the resultant 2 injuries to Plaintiff, Theodore Garman, Jr., were caused directly and proximately by the negligence, carelessness, and/or recklessness of the Defendant, Larry A. Morrison, Jr., generally and more specifically as set forth below: (a) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. C.S.A. § 3714; (b) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.S.A. § 3361; (c) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have a vehicle under such control that injury to persons or property could be avoided; (d) In failing to operate the vehicle at a speed and under such control so as to be able to stop within the assured cleared distance ahead in violation of 75 Pa. C.S.A. § 3361; (e) In driving the vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (f) In failing to operate the vehicle on the right half of the roadway, in violation of 75 Pa. C.S.A. § 3301; and (g) In driving the vehicle while intoxicated, in violation of 75 Pa. C.S.A. § 3731. 3 14. As a direct and proximate result of the negligence of the Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has suffered extensive and serious personal injuries, including, but not limited to a fractured pelvis and pain in his groin and buttocks. 15. As a result of the negligence of Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 16. As a result of the negligence of Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 17. As a result of the negligence of Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 18. As a result of the negligence of Defendant, Larry Morrison, Jr. the Plaintiff, Theodore Garman, Jr., has suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his great detriment and loss. 19. As a result of negligence of Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr. has been, and probablywill in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 20. Plaintiff, Theodore Garman, Jr., believes and, therefore, avers that his injuries are permanent in nature. 4 WHEREFORE, Plaintiff, Theodore Garman, Jr. seeks damages from Defendant, Larry Morrison, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT II - GROSS NEGLIGENCE Theodore Garman. Jr. v. Larry Morrison. Jr. 21. Paragraphs 1-20 are incorporated herein as if set forth at length. 22. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff were caused directly and proximately by the gross negligence of the Defendant generally, and more specifically, set forth below: (a) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; (b) In driving while intoxicated, in violation of 75 Pa. C.S.A. § 3731; (c) In driving while intoxicated, and assaulting the Plaintiff by vehicle, in violation of 75 Pa. C.S.A. § 3735.1; and (d) In operating a motor vehicle at a time when he was unfit to do so due to his consumption of alcohol. 23. Defendant's actions in operating a motor vehicle under the aforementioned conditions amount to gross negligence, which Defendant knew or should have known, constituted reckless and wanton disregard for the safety of others. 24. As a direct and proximate result of the gross negligence of Defendant, Larry Morrison, Jr., Plaintiff, Theodore Garman, Jr., sustained serious injuries including, but not limited to a fractured pelvis and pain in his groin and buttocks. 25. As a direct and proximate result of the gross negligence of Defendant, Larry 5 Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 26. As a result of the gross negligence of Defendant, Larry Morrison, Jr., Plaintiff, Theodore Garman, Jr., has been, and will in the future be, hindered from performing his daily duties and chores, to his great loss, humiliation, and embarrassment. 27. As a result of the Defendant's gross negligence, Plaintiff has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 28. As a result of the gross negligence of Defendant, Larry Morrison, Jr., Plaintiff, Theodore Garman, Jr., has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff continues to receive treatment and incur expenses of said injuries, and will most likely continue to do so in the future, to his great detriment and loss. 29. As a result of the gross negligence of Defendant, Larry Morrison, Jr., Plaintiff, Theodore Garman, Jr., has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his great detriment and loss. 30. As a result of the gross negligence of Defendant, Larry Morrison, Jr., Plaintiff, Theodore Garman, Jr., has suffered a loss of income and will continue to suffer the same due to his physical injuries in the future, to his great detriment and loss. 31. Plaintiff, Theodore Garman, Jr., believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Theodore Garman, Jr. seeks damages from Defendant, 6 Larry Morrison, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT III - NEGLIGENT ENTRUSTMENT Theodore Garman. Jr. v. Kristine Harrison 32. Paragraphs 1-31 are incorporated herein as if set forth at length. 33. At all times material hereto, Defendant, Kristine Harrison, owned the vehicle operated by Defendant, Larry Morrison, Jr.. 34. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Theodore Garman, Jr., are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Kristine Harrison, entrusting her vehicle to Defendant Larry Morrison, Jr. and in allowing Defendant, Larry Morrison, Jr., to operate her vehicle when she knew, or should have known, of his unfitness to drive and/or her propriety to operate a vehicle as set forth below: (a) In failing to exercise reasonable care in the operation and control of a vehicle, in violation of 75 Pa. C.S.A. § 3714; (b) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.S.A. § 3361; (c) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have a vehicle under such control that injury to persons or property could be avoided; 7 (d) In failing to operate the vehicle at a speed and under such control so as to be able to stop within the assured cleared distance ahead in violation of 75 Pa. C.S.A. § 3361; (e) In driving the vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and (f) In failing to operate the vehicle on the right half of the roadway, in violation of 75 Pa. C.S.A. § 3301. (g) In driving while intoxicated, in violation of 75 Pa. C.S.A. § 3731; and (h) In operating a motor vehicle at a time when he was unfit to do so due to his consumption of alcohol. 35. As a direct and proximate result of the negligence of the Defendant, Kristine Harrison, the Plaintiff, Theodore Garman, Jr., sustained severe injuries including, but not limited to a fractured pelvis and pain in his groin and buttocks. 36. As a direct and proximate result of the negligence of Defendant, Kristine Harrison, the Plaintiff, Theodore Garman, Jr., has been, and will in the future be, hindered from performing his daily duties and chores, to his great loss, humiliation, and embarrassment. 37. As a direct and proximate result of the negligence of Defendant, Kristine Harrison, the Plaintiff, Theodore Garman, Jr., has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 8 38. As a direct and proximate result of the negligence of Defendant, Kristine Harrison, the Plaintiff, Theodore Garman, Jr., has been compelled, and may in the future be compelled, to spend money for medicine and/or medical attention to his great detriment and loss. 39. As a direct and proximate result of the negligence of Defendant, Kristine Harrison, the Plaintiff, Theodore Garman, Jr., has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his great detriment and loss. 40. As a result of the negligence of Defendant, Kristine Harrison, the Plaintiff, Theodore Garman, Jr., has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 41. Plaintiff, Theodore Garman, Jr., believes and, therefore, avers that his injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Theodore Garman, Jr., seeks damages from Defendant, Kristine Harrison, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Date: / 2 --2&/ Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: W. Scott a in , s Attorney 1. D. # 32 1300 Linglestown Roz Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 9 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 0-- )6- 03 C'1 N [_ ? _ r; L T - -A.' IT7 _ tr? ?Q ?, '7 2 T? <- rJ - m "< .. t 7 ,t yi w-, O? THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Shawn E. Smith, Esquire of the law firm of Thomas, Thomas & Hafer, LLP on behalf of Defendants with respect to the above captioned matter. THOMAS, THOMAS & HAFER, Date: -2' S d S By: Shawn E. Smith, Esquire <; ., ._, ?:? ' ?= ,., ?;? THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas S. Brumbaugh, Esquire of the law firm of Thomas, Thomas & Hafer, LLP on behalf of Defendants with respect to the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date- ;?ILllz y - Thomas S. rumba squire Attorney I.D. No.: 037 P. O. Box 999 Harrisburg, PA 17108 (717) 441.7060 e-mail: trumbaugh@tthlaw.com (717)441-7060 Attorneys for Defendants ?. , i4 ._ ??' , ?? _ CERTIFICATE OF BERVICE I, Cynthia K. Self, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I am this day serving a coy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintifo THOMAS, THOMAS &-HAFER, LLP Date: 44110 By: Self .- ;' ? ??'? <. r , ? , ,, _:` W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@HHRLaw.com THEODORE GARMAN, JR., Plaintiff V. LARRY MORRISON, JR. Defendant Attorney for Plaintiff IN THE COURT OF COMB CUMBERLAND COUNTY, NO. 2003-5560 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim: pages, you must take action within twenty (20) days after this Complaint and Notice ; written appearance personally or by attorney and filing in writing with the Court your the claims set forth against you. You are warned that if you fail to do so the case may a judgment may be entered against you by the Court without further notice for an Complaint or for any other claim or relief requested by the Plaintiff. You may lose m rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO E REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 PLEAS INSYLVANIA set forth in the following re served, by entering a :fenses or objections to roceed without you and money claimed in the ney or property or other HAVE A LAWYER, GO PROVIDE YOU WITH PROVIDE YOU WITH BLE PERSONS AT A AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de ]as demandas qua se presentan mas adelante en Ias siguientes paginas, debe tomar acci6n dentro de los pr6ximos einte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por me io de un abogado una comparecencia escrita y radicando an la Corte por escrito sus defensas de, y obje ciones a, las demandas presentadas aqui an contra suya. Se le advierte de qua si usted falla de tomar a ci6n como se describe anteriormente, at caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada an la demanda o cualquierotra reclamaci6n o remedio solicitado por el demandante puede s rdictado an contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros d rechos importantes pare usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTq. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICIN PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POS14LE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SE VICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, By: W. Scott Henning, EsgW LD.# 32298 1300 Linglestown Road, (717) 238-2000 PA 17110 F:\WP Directories\MLH\Garman Amended Complaint.wpd THEODORE GARMAN, JR., Plaintiff V. LARRY MORRISON, JR. Defendant IN THE COURT OF COMh CUMBERLAND COUNTY, NO. 2003-5560 CIVIL ACTION - LAW PLEAS INSYLVANIA AMENDED COMPLAINT AND NOW, comes the Plaintiff, Theodore Garman, Jr., by and HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, the within Complaint against the Defendant, Larry Morrison, Jr. 1. Plaintiff, Theodore Garman, Jr., is an adult individual 1094 South York Road, Dillsburg, York County, Pennsylvania 1701 2. Defendant, Larry Morrison, Jr., is an adult individual cu Penny Lane, Enola, Cumberland County, Pennsylvania 17025. 3. At all times material hereto, Defendant, Larry Morrison, of a 1970 Chevrolet Chevelle bearing Pennsylvania Registration (hereinafter "Defendant's vehicle"). 4. At all times material hereto, Kristine Harrison was the the vehicle being operated by Defendant Larry Morrison, Jr. 5. At all times material hereto, Plaintiff was a back seat vehicle. his attorney, ire, and makes follows: rrently residing at residing at 5 , was the operator mber CCD 7154 of in Defendant's 6. On or about, November 11, 2001 at about 8:27 pm, Defendant, Larry Morrison, Jr., was operating Kristine Harrison's vehicle in a southbound direction on SR 1007 in Silver Spring Township, Cumberland County, Pennsylvania. 7. Defendant, Larry Morrison, Jr., was traveling at a high rate of speed, lost control of the vehicle and crossed over the double yellow lines and eventually struck a utility pole. 8. Plaintiff, Theodore Garman, Jr., was violently thrown Defendant's vehicle as the vehicle was leaving the roadway and resulting in injuries that necessitated him to be transported from the by ambulance to the Emergency Room at Carlisle Hospital. 9. Defendant, Larry Morrison, Jr., was subsequently Driving. 10. At all times material hereto, Plaintiff was insured insurance policy issued by Dairyland Insurance and had selected However, due to the seriousness of Plaintiff's injuries, Plaintiff nd the interior of the utility pole, of the accident with Reckless a motor vehicle Tort coverage. that the nature and extent of his injuries meet the definition of a "serious impairment of 0 bodily function" so as to cloak him with Full Tort status pursuant to 75 Pa. C.S.A. § 1 COUNTI - NEGLIGENCE Theodore Garman. Jr. v. Larry Morrison. Jr. 11. Paragraphs 1-10 are incorporated herein as if set forth lat length. 12. The occurrence of the aforementioned collision a injuries to Plaintiff, Theodore Garman, Jr., were caused directly a negligence, carelessness, and/or recklessness of the Defendant, all the resultant proximately by the A. Morrison, Jr., 2 generally and more specifically as set forth below: (a) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. C.S.A. § 3714;', (b) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violatioO of 75 Pa. C.S.A. § 3361; (c) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and Iin failing to have a vehicle under such control that injury to persons avoided; (d) In failing to operate the vehicle at a speed and as to be able to stop within the assured violation of 75 Pa. C.S.A. § 3361; (e) In driving the vehicle upon a roadway in a persons and property and in a manner with ca rights and safety of others in violation of the the Commonwealth of Pennsylvania; (f) In failing to operate the vehicle on the right h violation of 75 Pa. C.S.A. § 3301; and 13. As a direct and proximate result of the negligence of Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has suffered personal injuries, including, but not limited to a fractured pelvis and buttocks and a cervical spine strain/sprain, with resulting pain, property could be such control so distance ahead in endangering disregard to the Vehicle Code of of the roadway, in Defendant, Larry and serious in his groin and and limitations on 3 range of motion. 14. As a result of the negligence of Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 15. As a result of the negligence of Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has suffered great physical pain, discomfort, Ond mental anguish, and he will continue to endure the same for an indefinite period of tima in the future, to his great physical, emotional, and financial detriment and loss. 16. As a result of the negligence of Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr., has been compelled, in order to effect a cure f r aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 17. As a result of the negligence of Defendant, Larry Morrison, Jr. the Plaintiff, Theodore Garman, Jr., has suffered a loss of life's pleasures, and he v}ill continue to suffer the same in the future, to his great detriment and loss. 18. As a result of negligence of Defendant, Larry Morrison, Jr., the Plaintiff, Theodore Garman, Jr. has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and 19. Plaintiff, Theodore Garman, Jr., believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Theodore Garman, Jr. seeks damages from Defendant, Larry Morrison, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. 4 Date:, . 3U'c Respectfully submitted, HANDLER, HENNA & W. Scott Henni E Attorney I.D. # 3221 1300 Linglestown R Harrisburg, PA 1711 (717) 238-2000 Attorney for Plaintiff LLP VERIFICATION The undersigned hereby verifies that the statements in the based upon information which has been furnished to counsel by me has been gathered by counsel in the preparation of this lawsuit. document is of counsel and not my own. I have read the document it is based upon information which I have given to counsel, it is true a of my knowledge, information and belief. To the extent that the cont oing document are information which language of the to the extent that correct to the best of the document are that of counsel, I have relied upon my counsel in making thi$ Verification. The undersigned also understands that the statements made therein are ynade subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsificatioln to authorities. Theodore Garman Jr Date: ? ` ? ?j-t? 5 HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning, Esquire ID #32298 1300 Linglestown Road Harrisburg, PA 17110 717.238.2000 THEODORE GARMAN, JR., Plaintiff V. LARRY MORRISON, JR. Defendant IN THE COURT OF COME CUMBERLAND COUNTY, PLEAS INSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On March 30, 2005, 1 hereby certify that a true and correct Complaint with Notice to Defend was served upon the following by d Thomas S. Brumbaugh, Esq. Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 99 Harrisburg, PA 17108 Respectfully Submitted, HANDLER, HENNING of Plaintiff's Amended ing in US certified mail: RG, LLP Date: March 30, 2005 By: L,?- W. Scott Henning, r-' ' ?? Y 1 '1 Thomas S. Brumbaugh, Esquire Attorney I.D. No. PA 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P, O. Box 999 Harrisburg, PA 17108 (717) 441-7060 EODORE V. Plaintiff LARRY MORRISON, JR. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED OF NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: April 21, 2005 C- Thomas S. Brumbaug squire Attorney I.D. No.:,PA 89037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Defendant, Larry Morrison, Jr. COURT OF COMMON PLI CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 Thomas S. Brumbaugh, Esquire Attorney I.D. No. PA 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaughaa tthlaw.com THEODORE GARMAN, JR. Plaintiff V. LARRY MORRISON, JR. Defendant NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Larry Morrison, Jr., by and through his attorneys, Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter to Plaintiffs Amended Complaint, as follows: 1. Denied pursuant to Pa.R.C.P. 1029(e). After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and proof thereof is demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied pursuant to Pa.R.C.P. 1029(e). Attorneys for Defendant, Larry Morrison, Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 7. Denied pursuant to Pa.R.C.P. 1029(e). 8. Denied pursuant to Pa.R.C.P. 1029(e). After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and proof thereof is demanded at trial. 9. Denied pursuant to Pa.R.C.P. 1029(e). 10. Denied as a conclusion of law to which no response is necessary and pursuant to Pa.R.C.P. 1029(e). COUNT I - NEGLIGENCE Theodore Garman, Jr. v. Larry Morrison, Jr. 11. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1 through 10 of this Answer and New Matter. 12. Denied as a conclusion of law to which no response is necessary and pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant specifically denies that he was negligent, careless and/or reckless, and that he: a. Failed to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa.C.S.A. § 3714; b. Failed to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.S.A. § 3361; C. Failed to be continuously alert, failed to perceive any warning of danger that was reasonably likely to exist, and failed to have the vehicle under such control that injury to persons or property could be avoided; 2 d. Failed to operate the vehicle at a speed and under such control so as to be able to stop within the assured cleared distance ahead in violation of 75 Pa. C.S.A. § 3361; e. Drove the vehicle upon a roadway in a manner endangering persons and property in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; f. Failed to operate the vehicle on the right half of the roadway, in violation of 75 Pa. C.S.A. § 3301. 13. Denied as a conclusion of law to which no response is necessary and pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant specifically denies that he was negligent. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in this paragraph and proof thereof is demanded at trial. 14. Denied as a conclusion of law to which no response is necessary and pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant specifically denies that he was negligent. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in this paragraph and proof thereof is demanded at trial. 15. Denied as a conclusion of law to which no response is necessary and pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant specifically denies that he was negligent. After reasonable investigation, Defendant is without knowledge 3 s or information sufficient to form a belief as to the truth of the remaining averments set forth in this paragraph and proof thereof is demanded at trial. 16. Denied as a conclusion of law to which no response is necessary and pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant specifically denies that he was negligent. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in this paragraph and proof thereof is demanded at trial. 17. Denied as a conclusion of law to which no response is necessary and pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant specifically denies that he was negligent. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in this paragraph and proof thereof is demanded at trial. 18. Denied as a conclusion of law to which no response is necessary and pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant specifically denies that he was negligent. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in this paragraph and proof thereof is demanded at trial. 19. Denied pursuant to Pa.R.C.P. 1029(e). After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph and proof thereof is demanded at trial. WHEREFORE, Defendant, Larry Morrison, Jr. respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed. 4 NEW MATTER 20. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1 through 19 of this Answer and New Matter. 21. Any and all damages, injuries and losses allegedly sustained by Plaintiff may have been due to the negligence and carelessness of the Plaintiff, and such conduct serves to reduce or bar Plaintiff's recovery pursuant to the terms of the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A §7102. 22. Plaintiffs cause of action may be barred by his contributory negligence. 23. Plaintiffs Complaint may fail to state a cause of action upon which relief can be granted. 24. Defendant was not negligent in any manner whatsoever. 25. At all time mentioned herein, Defendant exercised reasonable care. 26. Any acts or omissions of the part of Defendant were not substantial causes or factors in the losses alleged by Plaintiff. 27. Plaintiff may have assumed the risk of injury. 28. Plaintiff's alleged injuries may be the result of pre-existing conditions or unrelated events and may not be a result of the incident alleged in Plaintiffs Complaint. 29. Any recovery to which Plaintiff may be entitled may be limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, including but not limited to 75 Pa.C.S.A. §1705 and §1722. 30. Plaintiff's claims may be barred by the Statute of Limitations as set forth in the Pennsylvania Judicial Code and/or under the Lamp v. Heyman doctrine. 5 31. The alleged conduct of Defendant was not the proximate cause of any injuries and/or damages sustained by the Plaintiff. 32. At the time of the accident, Defendant was confronted with a situation that was unforeseeable and beyond the control of the Defendant. 33. At the time of the accident, Defendant was confronted with a "sudden emergency" created by the Plaintiff. 34. The accident referred to in Plaintiff's Complaint was completely unavoidable by Defendant. 35. Any damages or injuries allegedly sustained by Plaintiffs may have been proximately caused by individuals and entities other than Defendants, including but not limited to Plaintiff, and others. 36. Plaintiff's claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or agreement, or award at arbitration as may be shown by discovery in this case. WHEREFORE, Defendant, Larry Morrison, Jr. respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: April 21, 2005 Thomas S. Brumbaugh, squire Attorney I.D. No. P? 037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: trumbaugh@tthlaw.com Attorneys for Defendant, Larry Morrison, Jr. 6 VERIFICATION I, Larry Morrison, Jr., verify that the attached document is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the document is that of counsel and is not mine. I have read the document, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the document are that of counsel, I have relied upon counsel in making this verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications made to authorities. Date: CERTIFICATE OF SERVICE AND NOW, this off/ day of Z1Rr!,1 -, 2005, I, Thomas S. Brumbaugh, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff r Thomas S. Brumbaugh; quire r.. `p} ,{ Cl ?- ?i i ? ?. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Defendant AN, JR. IN THE COURT OF COMMON FLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-5560 LARRY MORRISON, JR. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about March 3, 2005 to serve subpoena upon Employer's Alliance. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has expired without any objections being made. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 7YW (??rbu lk6 by: -ji - Yh Thomas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be served. 5l -5l0? THOM T QMAS,$?,H1?F.,ER, LLP o Tr, ? Tho tas "r f?baur Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopaedic Surgeons of Central Pennsylvania, Ltd. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Thomas. Thomas & Hafer LLP, (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it, THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: .-r-& - ? Q n- 3E Seal of the Court 17108-0999 BY 9E CO RT: Prothonotary/Clerk, Civil D isio4G n ? Gf/)gJ o ///rD =gt,?? Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff v. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hamden Township Ambulance Association (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the, court to produce the following documents or things: statements, etc., at: You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: / V Q -?A ? 21C Seal of the Court 17108-0999 BY T)HE COURT: Prothonotary/Cler4DN Deputy 43929-1 3 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS SiR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ski RoundTop (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete personnel file of Theodore Garman. DOB: 5121167; SSN: 159-60-3547, including Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: Seal of the Court 17108-0999 BY E CO RT: Prothonotary/Clerk, Civil 4 ion ?.??e. Deputy L 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Silver Spring Township Police Department (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: Seal of the Court BY E CO RT: Prothonotary/Clerk, Civil DDiivii/ n / Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Acri (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORN Y FOR: Defendant DATE: Seal of the Court 17108-0999 BY E CO RT: Prothoo/notarylClerk, Civil Di ' ion Deputy 343929-1 305 N. Front St.. P.O. Box 999, Harrisburq, PA 17108 (Address) THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003.5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: billing records, etc.. at: Thomas. Thomas & Hafer, LLP 30; Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNJFyy/ FOR: Defendant DATE: 3 a 'g- Seal of the Court 17108-0999 BY E CO RT: Prothonotary/Clerkk_, Civil ?sion Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the medical file of Theodore Garman. DOB: 5/21/67• SSN• 159-60-3547 includina but not limited to anv and all medical rarorric hillg rnrragnnnrianra mamnrnnri? diagnostic studies in patient and out patient testing etc at: Thomas. Thomas & Hafer. LLF 305 N. Front St., P.O. Box 999. Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNFY&OR:?efendant DATE: _/vk Seal of the Court 17108-0999 BY IE CO RT: Prothonotary/Clerk, Civil Di4io Deputy -? 343929-1 CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintiff) THOMAS, THOMAS & HAFER, LLP i ? Date: ? -22 M BETH .FORBES,PARALEGAL `?' n ? t, ? ; ti, v ? , , 'i ? ? i y. THEODORE GARMAN, JR., Plaintiff v LARRY MORRISON, JR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Theodore Garman, Jr., by and through his attorney, HANDLER, HENNING & ROSENBERG, LLP, b;r W. Scott Henning, Esquire, and replies as follows: 20. Denied. Paragraph 20 is an incorporation paragraph to which no responsive pleading is required. 21. Denied. The allegation set forth in Paragraph 21 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the damages, injuries and losses sustained by the Plaintiff was in any way due to his negligence or carelessness so as to trigger the application of the Pennsylvania Comparative Negligence Act, and proof to the contrary is demanded at the trial in this matter. 22. Denied. The allegation set forth in Paragraph 22 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff's cause of action may be barred by his contributory negligence. By way of further answer, it is denied that the Plaintiff was in any way contributorily or comparatively negligent, and proof to the contrary is demanded at the trial in this matter. 23, Denied. The allegation set forth in Paragraph 23 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs Complaint fails to state a cause of action upon which relief can be granted, and proof to the contrary is demanded at the trial in this matter. 24. Denied. It is denied that the Defendant was not negligent. Plaintiff incorporates the allegations of negligence as set forth in his Complaint as a further response to the allegation set forth in Paragraph 24. 25. Denied. It is denied that the Defendant exercised reasonable care with regard to the incident resulting in the collision between the Plaintiff and Defendant's vehicles, and proof to the contrary is demanded at the trial in this matter. 26. Denied. The allegation set forth in Paragraph 26 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the acts or omissions of the Defendant were not a substantial cause or factor in the collision and the resulting injuries, damages and losses sustained by the Plaintiff, and proof to the contrary is demanded at the trial in this matter. 27. Denied. The allegation set forth in Paragraph 27 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff assumed the risk of his injury, and proof to the contrary is demanded at the trial in this matter. 28. Denied. It is denied that the injuries sustained by the Plaintiff were the result of a pre-existing condition or unrelated events and were not the result of the collision alleged in the Plaintiffs Complaint, and proof to the contrary is demanded at the trial in this matter. 29. Denied. The allegation set forth in Paragraph 29 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff acknowledges that he will be bound by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, which the Honorable Court deems properly applicable to the subject cause of action. 30. Denied. The allegation set forth in Paragraph 30 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff's claim is barred by the Statute of Limitations, and proof to the contrary is demanded at the trial in this matter. 31. Denied. The allegation set forth in Paragraph 31 is a conclusion of law to which no responsive pleading is required, however, to the extent that the (Honorable Court deems a response necessary, it is denied that the Defendant's conduct was not the proximate cause of the injuries and damages sustained by the Plaintiff, and proof to the contrary is demanded at the trial in this matter. 32. Denied. It is denied that the Defendant was confronted with a situation that was unforeseeable and beyond the control of the Defendant, and proof to the contrary is demanded at the trial in this matter. 33. Denied. The allegation set forth in Paragraph 33 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Defendant was confronted with a "sudden emergency" that was created by the Plaintiff, and proof to the contrary is demanded at the trial in this matter. 34. Denied. It is denied that the collision referenced in the Plaintiffs Complaint was completely unavoidable by the Defendant, and proof to the contrary is demanded at the trial in this matter. 35. Denied. It is denied that the damages or injuries sustained by Plaintiff may have been proximately caused by individuals and entities other than Defendants, and proof to the contrary is demanded at the trial in this matter. 36. Denied. The allegation set forth in Paragraph 36 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or agreement, or award at arbitration, and proof to the contrary is demanded at the trial in this matter. WHEREFORE, Plaintiff demands judgment against Defendant, Larry Morrison, Jr., for the relief set forth in his Complaint. Respectfully OG? HANDLFr,R, HE NI & TE / W. Scott Henning, ks I.D. #32298 1300 Linglestown RoE Harrisburg, PA 17110 717-238-2000 Attorney for Plaintiffs LLP THEODORE GARMAN, JR., Plaintiff V LARRY MORRISON, JR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE On the 26'h day of April, 2005, 1 hereby certify that a true and correct copy of Plaintiffs Reply To New Matter was served upon the following by depositing in U.S. Mail; Thomas S. Brumbaugh, Esq. THOMAS, THOMAS & HAFER, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108 Respectfully submitted, DATE HANDLER, HENNIIAq & ROSENBERG, LLP W. 'Scott Henning, EfgL I.D. #32298 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c? W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he ,represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the !foregoing document; and that this statement is made subject to the penalties of 18 Pa C. S. §4904 relating to unsworn falsification to authorities. Date: o r.? f7 cz? u+ ._a N THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Defendant THEODORE GARMAN, JR. Plaintiff V. LARRY MORRISON, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about May 3, 2005. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has expired without any objections being made. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: S. &MI * Thomas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: 0 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas will be served. Date:' TH MAyS, THOMAS & HAFER, LLP '%it/, z. J`- Lqr. Thomas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Sox 999 Harrisburg, PA 17108-0999 (717) 441-7060 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and IMSTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5660 CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Stanley R. Goldman, M.D. & Associates, 4700 Union Deposit Road, Harrisburg, PA 17111 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the medical file of Theodore Garman. DOB: 5/21/67: SSN: 159-60-3547. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintiffs THOMAS, THOMAS & HAFER, LLP Date: (7S 6at. BETH E. RBES, PARALEGAL THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas will be served. Date: THO S, THOMAS AFER, LP S. Thomas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harley Davidson, Inc., 1425 Eden Road, York, PA 17402 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O: Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and SRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health Physical Therapy of Dillsburg, 860 N. U.S. 15, Dillsburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service- of this subpoena, you are ordered by the court to produce the following documents or things: diagnostic studies, in patient and out patient testing. etc. at: Thomas. Thomas & Hafer. LLP 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court 343929-1 Prothonotary/Clerk, Civil Division Deputy THEODORE GARMAN, JR., Plaintiff V. LARRY A. MOR.RISON, JR. and KRISTINE L. HARRISON, Defendants NO. 2003-6660 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Acri Family Chiropractic, Ercol 0. Acri, D.O., 202 N. Frederick Street, Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: Seal of the Court 17108-0999 BY THE COURT: Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 343929-1 305 N Front St P.O. Box 999. Harrisburg. PA 17108 (Address) CERTIFICATE OF SERVICE I, BETH E. FORGES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for PlamtiW THOMAS, THOMAS & HAFER, LLP dba? 4q6??- Date: BETH . FORGES, PARALEGAL CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP Date: BETH . FORBES, PARALEGAL C`> ? ° ? - to ?, ?.e -? ?,,, y -r- _..., ; ;_; m :?{ - ? '.. ,? ? `?..1 ?,:.k. r 5. ? y ?- ca -T `-S -,C CJ ..-? .-L THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Defendant THEODORE GARMAN, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY MORRISON, JR. Defendant NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about May 3, 2005. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has expired without any objections being made. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: "U Thomas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: ?a (Q ?? THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and EMSTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas will be served. Date: THO S, THOMAS JAFER, LP S. i?o Thomas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and HR.ISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harley Davidson, Inc., 1425 Eden Road, York, PA 17402 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: diagnostic studies, in patient and out patient testing, etc. at: Thomas. Thomas & Hafer. LLP, 305 N Front St. P.O. Box 999. Harrisburg. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply. with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O: Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health Physical Therapy of Dillsburg, 860 N. U.S. 15, Dillsburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service- of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the medical file of Theodore Garman DOB: 5121167• SSN: 159-60-3547_, including but not limited to any and all medical records, bills, correspondence, memoranda, diagnostic studies, in patient and out patient testing, etc. at: Thomas, Thomas & Hafer. LLP, (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR, and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Acri Family Chiropractic, Ercol O. Acd, D.O., 202 N. Frederick Street, Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the medical file of Theodore Garman, DOB: 5/21167: SSN: 159-60-3547, including but not limited to any and all medical records bills, correspondence, memoranda, diagnostic studies, in patient and out patient testing, etc. at: Thomas. Thomas & Hafer. LLP. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plain tzW Date: el(k THOMAS, THOMAS & HAFER, LLP '6a' ? 4&?? - BETH V. FORBES, PARALEGAL CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintiff) Date: a ?) PARALEGAL THOMAS, THOMAS & HAFER, LLP F-? {"? ??i1 __ .-,w? f' -?- ,.? ri1 C . ?^ ?, T __?..,. :d• ii ? ??y. G? r,?('P1 - yrj C'_, „ -?. --- THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Defendant GARMAN, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY MORRISON, JR. Defendant NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about June 3, 2005. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has expired without any objections being made. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMA , "'AS & HAFER, LLP by: tc?_ Esquire`G?J?" O Thomas S. Brumbaugh, Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: June 27, 2005 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ?ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas will be served. THO S, THOMAS & HAFER, LLP L?ltS S ?(ir?Y>?xu Th mas S. Brumbaugh, Esquire 04A Attorney I.D. # 89037 305 North Front Street P. 0. Box 999 Date: Harrisburg, PA 17108-0999 (717) 441-7060 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL [?LCTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Kerry's Lawn & Garden, 5220 East Trindle Road, Mechanicsburg. PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: compensation information. Payroll records, doctor's excuses, etc. at: Thomas. Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE: FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 CERTIFICATE OF SERVICE f?IL AND NOW, this ?5 day of J wl 2005, I, BETH E. FORBES, PARALEGAL, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff Beth E. Forbes, CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintiff Date: THOMAS, THOMAS & HAFER, LLP c'> ^? o ?- -- _? --n ,.„ rv -,?„ ? , „-, ? i, c:a ,; i', -?, ' " __. ? ? f-r? a f.J Li ?? ti THOMAS, THOMAS S HAFER, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Defendant THEODORE GARMAN, JR. Plaintiff V. LARRY MORRISON, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about July 20, 2005. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has expired without any objections being made. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFERR,?,IL'LP by: S • wt? h ?(it 4aThbsia& Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: August 9, 2005 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003.6660 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas will be served. Date: /Cdb/o?- THOMAS HAFER, LLP THOMAS, omas S. Brumbaugh, Esquire tb( Ohba Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and EMSTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6660 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court 343929-1 Prothonotary/Clerk, Civil Division Deputy You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003.5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Thomas. Thomas & Hafer. LLP, You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and E RISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003.6660 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant BY THE COURT: DATE: Suite Seal of the Court Prothonotary/Clerk, Civil Division 343929-1 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CNA ClaimPlus, Inc., P.O. Box 16010, Reading PA 19612 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division 343929-1 lflub (Address) THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and EMSTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003.5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: Seal of the Court 343929-1 BY THE COURT: Prothonotary/Clerk, Civil Division Deputy THEODORE GARMAN, JR., v. Plaintiff LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, TO: Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court 343929-1 Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE AND NOW, this 2/?day ofa?? 2005, I, Beth E. Forbes, Paralegal, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attomeys for aintiff ea?. 41b,"I Bet . Forbes, Paral gal CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP Date: BETH E. F ES, PARALEGAL ?s v - < Fn rn - j ?D THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Defendant THEODORE GARMAN, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY MORRISON, JR. Defendant NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about September 8, 2005. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has expired without any objections being made. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: Ul 1, uI Thomas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: October 28, 2005 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas will be served. Date: 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 7 THC} 1AS, THOMAS A HAFER, LLP C r?k? 4 P. 0. Box 999 Harrisburg, PA 17108-0999 (717)441-7060 homas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commonwealth of PA, Department of Labor and Industry, Bureau of Worker's Compensation, 1171 S. Cameron Street. Room 103. Harrisburg, PA 17104 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the worker's compensation file of Theodore Garman, DOB: 5121/67; SSN: Thomas, Thomas (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTOR ' Y FOR: Defendant DATE l4tj Qn ?S Seal of the Court 343929-1 17108-0999 B)r7THE COU Prothonotary/Clerk, CiW Division L/?n'_o to c / /i17ofP / - Deputy CERTIFICATE OF SERVICE AND NOW, this day of 2005, I, Beth E. Forbes, Paralegal, -r- of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attomeys for Plaintiff 612f-? Beth E. F es, Paralegal CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintiff) THOMAS, THOMAS & HAFER, LLP Date: BLTH E. O ES, PARALEGAL "! 7f? { f;? { ? Lit - kp r:{ O i7 THOMAS, THOMAS 8. HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Defendant THEODORE GARMAN, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY MORRISON, JR. Defendant NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about February 15, 2006. 2. A true and correct file copies of the Notices of Intent, including a copy of the proposed subpoenas, are attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has expired without any objections being made. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, T(HOcMAS & HAF?EyR, LLP (?Cd by: - 6- '1 -4 Thomas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: March 6, 2006 C?ERTIFICAT?PF SERVICE AND NOW, this day of try u' 2006, I, Beth E. DePhillips, Paralegal, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff 6D Beth E. DePhillips, Paralegal THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas will be served. Date:, L? I THO AS, THOMAS & FER, LLP 1 llS 5- `oki 4'm homas S. Brumbaugh, Esquire Attorney I.D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant - Seal of theCourt 17108-0999 DATE: BY THE COURT: -- Prothonotary/Clerk,-Civil Division - -- Deputy 343929-1 17108 (Address) THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: lumbar spine: etc. at: Thomas. Thomas & Hafer. LLP. 305 Harrisburg. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seat of theCourt --- Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: Seal of the Court 17108-0999 BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6560 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, HIM/ChartONE, P.O. Box 4100 Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Thomas & Hafer LLP 305 N. Front St., P .O. Box 999, Harrisburg, PA 17108 (Address) Thomas, You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant BY THE COURT: --DATE:-- -- --- - - - - Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 CERTIFICATE OF SERVICE I, BETH E. DEPHILLIPS, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17101 (Counsel for Plaintiff) THOMAS, THOMAS & HAFER, LLP bEP Date: BETH LIPS, PARALEGAL ?, _, --, f.-; PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. -------------- -------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) THEODORE GARMAN, JR. (Plaintiff) vs. LARRY MORRISON, JR., (Defendant) (check one) ® Civil Action - Law ? Appeal from Arbitration (other) The trial list will be called on January 9. 2007 and Trials commence on February 5. 2007 Pretrials will be held on January 17, 2007 (Briefs are due 5 days before pretrials) No. 5560, 2003 Term Indicate the attorney who will try case for the party who files this praecipe: Thomas S. Brumbaugh, Esquire Indicate trial counsel for other parties if known: W. Scott Henning, Esquire This case is ready for trial. Date: November 13, 2006 Signed: J Thomas S. Brumbaugh, Es Attorney for Defendant, L Morrison, Jr. CERTIFICATE OF SERVICE AND NOW, this 13t' day of November, 2006, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP Thomas S. Brumbaug ? r=.3 4:3 crti r- G3 14 Theodore Garman, Jr. V. Larry Morrison, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5560 CIVIL TERM ORDER OF COURT AND NOW, January 10, 2007, by agreement of counsel, the above captioned case is continued from the February 2007 trial term due to the need to conduct additional discovery. Counsel are requested to relict the case for trial at such time as they deem appropriate. W. Scott Henning, Esquire For the Plaintiff Thomas S. Brumbaugh, Esquire J For the Defendant / Court Administrator I- 11-67 C't7-1-? J??s kam By the Court, Z O :1 Ill ! I NY LODZ Ad 10 d '] iii J0 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. ----------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) THEODORE GARMAN, JR. (Plaintiff) vs. LARRY MORRISON, JR., (Defendant) (check one) ® Civil Action - Law ? Appeal from Arbitration 1:1 - (other) The trial list will be called on May 22, 2007 and Trials commence on June 18, 2007 Pretrials will be held on May 30, 2007 (Briefs are due 5 days before pretrials) No. 5560, 2003 Term Indicate the attorney who will try case for the party who files this praecipe: Thomas S. Brumbaugh, Esquire Indicate trial counsel for other parties if known: W. Scott Henning, Esquire This case is ready for trial. Date: March 14, 2007 Signed: Thomas S. Brumbaugh, Esq Attorney for Defendant, Laffy- Morrison, Jr. CERTIFICATE OF SERVICE AND NOW, this 14th day of March, 2007, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP Thomas S. Brumbaugh W ? C -c Ij 1 ..? '.. Irv. OV 1 I l y;',: rn c: w w THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER, LLP Tho as S. Brumbaugh, Esquire Attorney I. D. # 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Date: May 2, 2007 499553-1 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: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 a?(h? &§? - Barbara Onorato, Paralegal Date: May 2, 2007 283087-1 THEODORE GARMAN, JR., Plaintiff v. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Quantum Imaging and Therapeutic Associates, 689 Yorktown Road Ste. 205 Lewisberry, PA 17339 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the following of Theodore Garman, DOB: 5/21167; SSN: 159-60-3547 xravs of the right hip of 10/5/06; xravs of the Lumbosacral spine of 10/5/06 etc at: Thomas, Thomas &Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: Seal of the Court 17108-0999 BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center, 4665 Trindle Road, Mechanicsburg, PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the following of Theodore Garman, DOB: 5/21167; SSN: 159-60-3547, M_RI of the lumbar spine dated 10125106; etc. at: Thomas Thomas & Hafer, LLP, 305 N. Front St P .O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: Seal of the Court 17108-0999 BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harley Davidson, Inc., 1425 Eden Road, York, PA 17402 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the personnel file of Theodore Garman, DOB: 5/21/67; SSN: 159-60- 3547, includinq but not limited to any and all performance reviews, applications, workers' compensation information, payroll records, etc from May 23, 2005 to present. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant DATE: 17108-0999 BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff v. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Patriot Pain Management Center, 689 Yorktown Road, Lewisberry, PA 17339 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the medical file of Theodore Garman, DOB: 5/21/67: SSN: 159-60-3547 including but not limited to any and all medical records, bills, correspondence memoranda diagnostic studies, in patient and out patient testing, etc. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. John Booth, 689 Yorktown Road, Lewisberry, PA 17339 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the medical file of Theodore Garman, DOB: 5121/67; SSN: 159-60-3547 including but not limited to any and all medical records, bills, correspondence, memoranda, diagnostic studies, in patient and out patient testing, etc. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas S. Brumbaugh, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 89037 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 343929-1 C-} c? C? ^'? 'T7t'', ?` '??` ?'T'1 am ? L ? .,3 f`_`) d?? Y? ?_ w'"' ? , '? '?y r ^? ? "'^^^^???r a THEODORE GARMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY MORRISON, JR., CIVIL ACTION - LAW Defendant NO. 2003-5560 CIVL TERM n d IN RE : PRETRIAL CONFERENCE 4-- r??t A pretrial conference was held on Wednesday, M 30' 71 2007, before the Honorable Edward E. Guido, Judge. ??,reseat I;c) L, C7 .. : E for the Plaintiff was W. Scott Henning, Esquire, and refit 2 for the Defendant was Thomas S. Brumbaugh, Esquire. Neither party has any scheduling conflicts during trial week. The trial is expected to last two to three days. This is a motorcycle accident in which liability is admitted. The sole issue in the case is whether the Plaintiff sustained serious injuries to get him out of the limited tort threshold. The parties have agreed to stipulate as to the authenticity of Plaintiff's medical records and medical bills. Settlement does not appear to be likely. By the urt, Edward E. Guido, J. 16 W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 For the Plaintiff Thomas S. Brumbaugh, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 For the Defendant Court Administrator :lfh Thomas S. Brumbaugh, Esquire Attorney I.D. #89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR., Defendant Attorneys for Defendant, Larrv A. Morrison, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 JUDGE GUIDO CIVIL ACTION - LAW DEFENDANT LARRY MORRISON JR.'S MOTION IN LIMINE TO PRECLUDE TESTIMONY OF DR. ACRI, AND ANY AND ALL EVIDENCE, TESTIMONY OR REFERENCE TO ANY TREATMENT RENDERED BY DR. ACRI. AND NOW, comes Defendant, Larry Morrison, Jr., by and through his attorneys, Thomas, Thomas & Hafer, LLP, and files the following Motion in Limine to preclude the testimony of Dr. Acri and any and all evidence, testimony or reference to any treatment rendered by Dr. Acri at trial, as follows- 1 . This action arises from a motor vehicle accident that occurred on November 11, 2001. 2. Trial in this matter is scheduled to begin on June 18, 2007, before the Honorable Edward, E. Guido. 3. Defendant, Larry Morrison, Jr., was operating a vehicle that was owned by Kristine Harrison. 4. Mr. Morrison was traveling south on N. Locust Point Road, in Silver Spring Township, when he lost control of the vehicle and struck a pole. 5. The Plaintiff was a passenger in the vehicle operated by Larry Morrison. 6. The Plaintiff suffered a pelvic fracture in the accident. 7. Six months after the accident, on May 7, 2002, Plaintiff began treating with Ercol O. Acri, Jr., D.C., of the Acri Family Chiropractic Clinic. 8. On June 7, 2007, a videotaped deposition was taken of Dr. Acri, for use at trial. A copy of the transcript of Dr. Acri's deposition is attached hereto as Exhibit A. 9. In his deposition on June 7, 2007, Dr. Acri testified that the Plaintiff first came under his care on May 7, 2002, which was six months after the accident in question. Exhibit A at p. 8, I. 24. 10. Dr. Acri testified as follows: Q. Based upon the history you obtained thus far, the review of x-rays, your physical exam findings, what was your initial diagnosis of Mr. Garman's situation? A. Well, I felt that he had cervical and pelvic subluxations, and we treated according to what I found on the x-rays and the physical findings. Q. And in your opinion within a reasonable degree of chiropractic certainty, what caused there injuries and these diagnoses that you just related to us? A. Well, according with the history and what I'm finding - - what I found on his physical, and with the x-rays, I would assume that the injuries were related to the auto accident. Exhibit A at pp. 14 - 15. Emphasis added. 2 11. On cross examination, Dr. Acri testified as follows: Q. Can a cervical subluxation be caused from heavy lifting? A. Cervical subluxations can So, yeah, you can have many different things. be caused from sneezing. cervical subluxations from Q. When you were asked whether the injuries were related to the accident, your response was that you assume that the injuries are related to the accident. Are you able to testify with certainty that the injuries were caused by the accident? A. My feeling was with reviewing the history with the patient and his findings that I would say that the accident injury was the cause of his symptoms. Q. Are you basing that upon his history that he provided to you? A. I'm basing that on the physical findings, the x-rays. None of them are indication of exactly what time or dateline on any of those injuries, but with the history of the patient and what I am finding when he came in to the office six months or five months later, that I would say that the accident was the cause of a lot of his injury - - or the symptoms. Q. Are you able to exclude any activities between the date of the accident and his first time of treatment? A. I would - - I don't have the knowledge to or that information to base it on, so I couldn't say yes or no on that. Exhibit A. pp. 22 - 23. 12. Dr. Acri's entire opinion at to the causation of the condition for which he treated the Plaintiff is based upon nothing more than speculation or conjecture. 3 1 L ? 13. Furthermore, Dr. Acri testified that he could not exclude other activities, even sneezing, as causing Plaintiff's injuries. 14. Dr. Acri's testimony cannot possibly aid the jury, as all Dr. Acri has to offer is his assumptions or guesses as to the cause of Plaintiff's injuries. 15. Because his conclusions are nothing more than speculation or guesses, Dr. Acri should be precluded from offering the same at trial. 16. Plaintiff should be precluded from offering any evidence, testimony and reference to treatment rendered by Dr. Acri since Plaintiff can not establish that the treatment is causally connected to the accident. WHEREFORE, Defendant, Larry Morrison, Jr., respectfully requests that this Honorable Court enter an Order that Plaintiff is precluded from offering any testimony of Dr. Acri at trial. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated: June 14, 2007 By: Thomas S. Brumbau _squire Attorney I.D. #89037- 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Attorneys for Defendant 4 ???,??b?-? ?1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2: 2--- 24 2_c THEODORE GARMAN, JR., PLAINTIFF V. LARRY MORRISON, JR., DEFENDANT VIDEOTAPED DEPOSITION OF: TAKEN BY: BEFORE: PLACE: DATE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED ERCOL O. ACRI, JR., D.C. PLAINTIFF SUSAN M. SIMON REPORTER-NOTARY PUBLIC CHIROPRACTIC OFFICE OF DR. ACRI 202 NORTH FREDERICK STREET MECHANICSBURG, PENNSYLVANIA JUNE 7, 2007 BEGINNING 9:00 A.M. COQ APPEARANCES: HANDLER, HENNING & ROSENBERG BY: W. SCOTT HENNING, ESQUIRE FOR - PLAINTIFF THOMAS, THOMAS & HAFER BY: THOMAS S. BRUMBAUGH, ESQUIRE FOR - DEFENDANT ..qf,,7 I ? $ 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WITNESS I N D E X DIRECT CROSS REDIRECT RECROSS 3 5 7, 27 21, 28 ERCOL O. ACRI, JR., D.C. By Mr. Henning By Mr. Brumbaugh 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, filing and certification are waived. ERCOL O. ACRI, JR., D.C., called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION BY MR. HENNING: Q Doctor, Scott Henning speaking. I'm here on behalf of Theodore Garman. I've asked you here today to take your deposition regarding the treatment that you've provided to Mr. Garman. Would you please identify yourself for the record. A Ercol Oscar Acri, Junior, D.C. Q What is your professional address? A 202 North Frederick Street, Mechanicsburg, Pennsylvania. Q I've identified you as a doctor. Can you tell the jury what type of doctor you are? A I have a chiropractic license, yes. Q And what type of injuries and medical problems do you treat on a day-to-day basis? A We treat extremities. We treat cervical, pelvic, lumbar spine. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2C 21 2. 2: 2? 2'. Q When did you become licensed as a chiropractor in the Commonwealth of Pennsylvania? A December -- well, I finished school in December of 185 and was licensed in 186. Q How long have you been in the private practice of chiropractic? A Over 21 years. Q Can you provide the jury with a brief outline of your schooling and training to become a chiropractic doctor? A I have an undergraduate degree from Salem College, West Virginia, and a chiropractic degree from Palmer College. And I've taken other courses. Videofluoroscopy, other licensing courses for continuing education throughout the years. Q At any time has your license been suspended or revoked? A No. Q Without getting into any details just at this moment, am I correct to state that you have been a treating doctor for Theodore Garman? A Yes. MR. HENNING: At this point, I'd like to offer E Dr. Acri as an expert witness in the field of chiropractic care and also as one of Mr. Garman's treating doctors. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2C 27 2, 2 2? 2! Do you have any questions on the doctor's qualifications? MR. BRUMBAUGH: Yes, I do. CROSS-EXAMINATION BY MR. BRUMBAUGH: Q Doctor, my name is Tom Brumbaugh. I represent Larry Morrison in this litigation. I do have some questions for you. You indicated that you routinely treat the pelvic spine? A Pelvis, the lumbar spine, thoracic spine, cervical spine, extremities. Q And what percentage of your practice would involve pelvic fractures? A Pelvic fractures, I probably have seen over the past 21 years, after fracture, probably maybe a half a dozen or so. Q Okay. And in how many years? A In the past 21 years. Q And how much of your education was based specifically with pelvic fractures? A We deal with the spine, so if a fracture -- we didn't deal with the fracture. The fracture was healed E when I saw Dr. -- or Mr. Garman. Q Did you have any classroom instruction or prior 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 training with regard to patients that have had pelvic fractures? A Fractures are always sent out of the office. Q Have you published any articles? A No. Q Okay. Have you ever been asked to publish any articles? A No. Q Have you testified before? A Yes. Q Okay. And how many times before have you testified? A Just one time. Q And was that for -- on behalf of a patient or on behalf of the defense? A It was actually for the patient. Q And how long ago was that? A Oh, I'd say probably about 10 ye ars ago. Q Are you required to perform any continuing education? A 24 hours every two years. Q And are you current on your cont inuing education? A Yes. I'm licensed in the state of Pennsylvania . 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, you mentioned also I believe you've had some courses in fluoroscopy? A Videofluoroscopy, 72-hour course on videofluoroscopy. Q Do you have any type of license in fluoroscopy? A I have a certification in videofluoroscopy. Q And what does that certification mean? A That means I can do videofluoroscopy in my office. Q What about x-rays? Are you -- A I'm licensed to do x-rays in Pennsylvania. Q To perform them? A I can perform them, read the x-rays. And read the x-rays. Q And how long have you been licensed to do that? A 21 years. MR. BRUMBAUGH: That's all the questions I have. REDIRECT EXAMINATION BY MR. HENNING: Q Doctor, Scott Henning again. Just following up on some of the questions that were asked to you by Attorney Brumbaugh regarding your qualifications as a doctor. Can you explain to the jury what videofluoroscopy is. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2L 2-- 24 2! A Videofluoroscopy is motion study x-rays, low density. They're brought on by computer enhanced x-ray. Q And you had indicated in response to one of Attorney Brumbaugh's questions that you don't treat fractures and that you refer those out to another doctor, is that correct? A Correct. Q Do you treat patients that have ongoing pain and problems following a fracture after the fracture is healed? A Yes, we do. Q Is that a regular part of your treatment practice? A That's a normal process, yeah. MR. HENNING: Did that generated any more questions from Attorney Brumbaugh on the doctor's qualifications? MR. BRUMBAUGH: No. MR. HENNING: Okay. BY MR. HENNING: Q Doctor, I want to focus now on the treatment that you've provided to Dr. -- or to Mr. Garman. When did Mr. Garman first come under your care? A He came into my care the 5-7-02. Q Do you know how he came into your office? Was 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2: 2-- 24 2t it a referral or do you know those details? A offhand, I don't know. No, I don't remember. Q What was the injury and medical problem that Theodore presented to you on May 7, 2002? A Initially he came in with multiple areas of pain. Low back pain, neck, shoulder pain and headaches. I mean, I can just read them off. Headaches, stiff and sore neck, pains between shoulder blades, lower back pain, pain in the hip area. Q Did he provide you with a history regarding the onset of those symptoms and problems? A Yes, he did. Q What did he tell you, Doctor? A He said that he was in an auto accident on November 11th of 101. Q Did he describe to you the nature of that accident? A That he was a passenger in a car, hit a telephone pole. Q Did he provide you with any history regarding the treatment he had received for the injuries from that collision prior to coming to your office? A He had given me some information, and then I had gotten information from Carlisle from Carlisle Regional Medical Center from the injuries that they had treated the 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 day of the accident. Q What did you learn from that prior history of treatment? A That he initially came in to the hospital with a pelvic fracture, or pelvic pain and they had found a fracture. Q As far as going back to the collision itself and the impact of the collision, did he relate to you anything that happened to his body during the collision? A That he was thrown around in the car. That it hit a telephone pole, it went sideways, and he hit -- he was on the passenger side and hit the right side of the passenger door, the telephone pole hit the car. Or the car hit the telephone pole, I should say. Q Did he relate to you anything about the impact of striking his head on anything or any other portions of his body? A He had mentioned that he had hit his head. Fracture -- I think he broke a window with it. I think initial -- the initial complaint and all was mostly because of the severe pelvic pain is what his voice specified at the time. Q At part of your initial visit on May 7, 2002, did you conduct a physical examination? A Yes, I did, and took x-rays also. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And what did the physical examination reveal? A Let me pull that out for you. Physical exam, he had a positive cervical foraminal compression test which is in a lateral flexion which indicated that he had nerve and arm pain or had pain on that right side of the body. He also had muscle spells in the left shoulder with the shoulder depressed where there's mostly muscle pulling. Positive Lewin-Gaenslen's test which involves the low back and lumbar area. It was bilateral. He had limited range of cervical motion with pain, limited range of lumbar motion with pain, and he had hyperpatellar deep tendon reflexes. Q This foraminal compression test, can you describe for the jury what's involved in that test? A I'm behind the patient, putting pressure on top of the head with his head slightly tilted to the right or to the left, and he had a positive on the right-hand side, indicating that he had some nerve impingement on that right side. Q And when you indicate that you were able to elicit muscle spasms on palpation, is that something that you visibly observe as the examiner, or is that something that the patient is telling you that they're having spasms? A When I'm putting pressure on, normally it's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 from what I'm feeling through the muscle myself. If I'm feeling muscle twitching or muscle jumping or hard muscle bundles under the surface. Q You mentioned you took x-rays. Those were taken in your office? A Yes. Q And I think you indicated in response to one of your earlier questions that you're trained and qualified to read those -- A Yes. Q -- radiologic studies? What did the x-rays reveal? A Revealed -- I took an A to P open mouth lateral, cervical, flexion-extension views of the cervical spine. He had a reduced or decreased cervical curve of 45 centimeters. A normal curve would be at 17 centimeters. So it was flattened -- a flattened out cervical curve. He had an Atlas angle of 12. It should be between 18 and 24. So it indicated that he had an anterior, inferior tilted Atlas. He had narrowed disc spaces between cervical 2 and 3, and he also had osteoarthritis of C5-6 that were real mild in the anterior body of those segments. Rotation-wise, he had limited rotation of the upper thoracics of T1, 2 and 3. And he had a left 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 internally tilted pelvis with lumbar body rotation, narrowed disc space between L5 and S1, and there was no osteoarthritis at all noted in the pelvic view. Q Now, this flattened cervical curve, what does that signify to you as the treating doctor? A Cervical subluxations will indicate either increase or decrease of cervical curve. In this case his curve the majority of times will decrease in nature, so at 45 centimeters it's not a large loss but there is a loss there. It just indicates that there's been some problems there. Q When you say problems, what type of problems? A Cervical subluxations could cause that loss of cervical curve. Q Can you define for the jury what a subluxation is in the spine? A Yeah, a cervical subluxation would be a misalignment of segments compared to the segment above and the segment below. Q You mentioned also that the x-rays of the lower spine and pelvis area showed an internally rotated left ilium. What does that mean? A Well, the pelvis is made up of three bones, the two ilium and the sacrum. If a pelvis is subluxated, the images will not appear to be balanced from side to side. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So it will show the pelvis either being flattened out or rotated. The rotation x-rays are kind of like passing a shadow or an image. So when you're comparing side to side, we know that the bone is the same, so that the image will appear to be more narrowed. In this case it was flattened out and it showed that it was slightly internally rotated compared to the other side of the pelvis. Q One thing I glossed over, Doctor, in terms of taking history, did you inquire of Mr. Garman about his relevant medical history prior to the motor vehicle collision, whether there was anything of significance there? A As far as I understand, there was -- he was a pretty healthy gentleman up until that part. Like I said, I saw him several months after the accident, so when he came in, he was under some distress at that point. Q Based upon the history you obtained thus far, the review of x-rays, your physical exam findings, what was your initial diagnosis of Mr. Garman's situation? A Well, I felt that he had cervical and pelvic subluxations, and we treated according to what I found on the x-rays and the physical findings. Q And in your opinion within a reasonable degree of chiropractic certainty, what caused these injuries and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 these diagnoses that you just related to us? A Well, according with the history and what I'm finding -- what I found on his physical, and with the x-rays, I would assume that the injuries were related to the auto accident. Q Can you provide us with an overview of the treatment that you've provided to Mr. Garman. I know you've treated him over a period of a few years. A Yeah, we treated him approximately 30 times over that time, ending -- the last treatment was August 27th of 105. The first treatment was May 5th -- or May 7th of 102. Within that time 30 treatments, not all were of adjusting. Some would have been pressure point therapy, muscle release, trigger point release, Logan Basic which is a soft tissue full spine adjustment, cervical adjusting, and pelvic adjusting. We use drop pieces. I use instrumentation. So there's no twisting or turning. You know, there's no forceful adjusting as far as like any rotational moves at all. Q And I know this may be tedious, but so we don't have to go through each and every visit and we can just do this as an overview, can you identify for us how many times you saw Mr. Garman for treatment -- A Sure. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q -- for these injuries in 2002, 2003, 2004 and, of course, 2005? A 14 times in 102, nine times in 103, once in 104, and he came back -- 104 was March of 104. He didn't come back into the office until June of 105, and we saw him six times in 105 Q And you would see him, like you would treat him for spurts? A It was more of an on as-needed basis. Q Were you always treating the same parts of the body? A In most cases, yeah. Initially, we did some pelvic adjusting and cervical adjusting because when he came in he had all those symptoms, so we treated all areas. When I treat the spine, we're treating what we find that day. So not every time was the same treatment, depending on what was needed for that day alone. He had multiple cervical subluxations, and he had the pelvic adjusting. A lot of the pelvic adjusting we did with just soft tissue work. So trying to -- after the initial adjusting, some of the treatments it's not necessity to continue using a lot of force on those areas. Sometimes you initiate a force and then just keep it going with trigger point or pressure point release. Q Focussing on the 2005 visits, in your opinion, 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Doctor, were those visits necessary because of the sequelae of the injuries sustained in this 2002 collision? A I felt at the time it was a return of some of his old symptoms. I do dermothermography readings, and my analysis, it seemed very similar to what he had from the initial onset, and something, you know, brought those back on. So it's an ongoing problem. Q Is it unusual to see somebody have ongoing problems after a pelvic injury of this nature? A No. Patients in the past I've seen years after auto accidents, and it keeps reoccurring back and forth depending on the problem of the injury, severity of the injury, and the type of work that they do. Sometimes those types of things can aggravate the situation. Q Does it take a fair amount of force, for example, in this car collision, to fracture the pelvis in two places? A I would take -- it would take quite a bit of force. I would have to assume that he hit the side of the car pretty hard to fracture, be able to fracture the pelvis. Q And when a pelvis is fractured in the nature in which Mr. Garman's pelvis was fractured, does that cause other forces on the lumbar spine area, the low back area? A I'd say if you hit the car that hard to 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fracture something, it had to put enough force on the body to cause other subluxations. Q Now, as part of your initial consultation and visit on May 7, 2002, did you have Mr. Garman complete questionnaires asking about his symptoms and injuries? A Yes, we did a -- I did an analysis -- a sheet that he would fill out marking the types of symptoms he's having and then grading himself. And he would be marked in severe pain at the time when he came in using a visual analog scale. Q In one those sheets that I have there's a portion of it that asks what functions you are unable to perform or that induce pain upon performance. Do you see that? A Right. Q It's on the lower right-hand corner of the page? A Correct. Q What did he indicate in terms of activities that cause him problems and were of severity? A Walking, stepping up, twisting of the body or turning his neck. Q The treatments that you provided to Mr. Garman, would they provide him with relief of symptoms? A Yes, he was having difficulty working. After 19 1 the initial treatments, we got him back to work, and he was 2 back -- he was employed up until when I saw him last. 3 Q Now, based upon your firsthand involvement with 4 this gentleman over these four years of treatment and the 5 visits you've mention, what is your overall prognosis of 6 what the future holds for Theodore in terms of these 7 injuries? 8 A Yeah, I can only talk to as of 105, since 9 August of 105 was the last he was in. I would assume that 10 he would have maybe occasional reoccurrences of these 11 symptoms depending on his activity level. 12 Q With these types of injuries -- the cervical 13 spine and the pelvic area and tying into the low back -- 14 what types of functional issues would arise because of his 15 bouts of periodic problems? 16 A Assuming, you know, if everything was healed 17 right -- obviously the pelvis had healed up, the 18 fracture-wise healed -- because it healed, it doesn't mean 19 that there wasn't other soft tissue damage to those areas. 20 Those types of things will heal, but they leave scar 21 tissue. 22 So, I mean, certain activities, if he has to 23 lift heavy or bending or twisting, you know, it would be 24 impossible to just to pick one or two things that may cause 25 it. He's a physical type of person, so I would assume that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 any type of those activities at certain times could trigger it. Q When he came back to see you in 2005 -- we talked about what he was complaining about in 2002 as far as walking-- A Right. Q -- and stepping up on things. I'm talking about -- I'm assuming he was talking about going up and down steps. And I think you talked about twisting body movements. Was he complaining about the same type of functional issues when he saw you in 2005? A Most of 105 was neck pain. So when he came back in June of 105, he had some cervical pain. visual analog scale of 4.2 out of a zero to 10 scale. He had cervical limited range of motion. Headaches were developing. And he was having developing some shoulder problems, right shoulder problem. Q The concept of headaches, is that something that's tied in or part and parcel to a cervical straining-spraining? A Yeah, it's not unusual to see tension type headaches coming from or radiating from the neck. Q Now, Doctor, all the opinions you've rendered today, have they been rendered within a reasonable degree 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of chiropractic certainty? A Yes. MR. HENNING: Those are all the questions I have. RECROSS-EXAMINATION BY MR. BRUMBAUGH: Q Dr. Acri, once again my name is Tom Brumbaugh. I represent Mr. Morrison. I have some follow-up questions for you. A Um-hum. Q Now, you didn't see Mr. Garman for six months after the accident, isn't that true? A That's true. Q Do you have any idea what he was doing in those six months? A Other than he was having some difficulty trying to work. That's all I know of, yes. Q But he was working at that time? A I think he was working off and on at that time. I have -- I can tell you what his last date of work was. Was -- last day of work was March 12th, 102. Q Okay. And do you know what his job was? A Well, he was working -- type of employment was retail, clean-up, and he was working up at Ski Roundtop. Q Do you know if his job involved heavy lifting? 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That, no, I don't know. I didn't have any -- just did all activities. You know, it had -- as far as individually, no, it didn't break down into what type of work he was doing at the time. Q Do you know why he left or stopped working at Ski Roundtop in March? A That he was having difficulty with just the symptoms that he came in with that I understand. Q Now, if an individual has the reduction in the cervical curve and the cervical subluxations, would they feel those symptoms right away? A Sometimes those take a little time to develop. Q The symptoms take time? A The whole thing takes time to develop. You can have an injury to the spine, and it may not show up for months down the road. Q Can a cervical subluxation be caused from heavy lifting? A Cervical subluxations can be caused from sneezing. So, yeah, you can have cervical subluxations from many different things. Q And even from lifting? A And from lifting. Q Are you familiar with Dr. Fultz who was also 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 treating Mr. Garman? A No. Q When you took your history from Mr. Garman, the initial history -- A Um-hum. Q -- when you write down the symptoms, is there any particular order in which you identify the symptoms? A Not always. Usually I start from the neck down. Q When you were asked whether the injuries were related to the accident, your response was that you assume that the injuries are related to the accident. Are you able to testify with certainty that the injuries were caused by the accident? A My feeling was with reviewing the history with the patient and his findings that I would say that the accident injury was the cause of his symptoms. Q Are you basing that upon his history that he provided to you? A I'm basing that on the physical findings, the x-rays. None of them are indication of exactly what time or dateline on any of those injuries, but with the history of the patient and what I'm finding when he came in to the office six months or five months later, that I would say that the accident was the cause of a lot of his injury -- 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or the symptoms. Q Are you able to exclude any activities between the date of the accident and his first time of treatment? A I would -- I don't have the knowledge to or that information to base it on, so I couldn't say yes or no on that. Q Okay. Now, I understand from August 2002 to October 2002, he didn't seek any treatment with you? A Give me the dates again? Q August 13th, 2002 to October 11th, 2002. A You're saying -- 102 here. He came in 5-07. You're saying what date? I'm not following your date here. I'm not sure I understand what you're saying. Q August 13th, 2002. Let's go this way. A All right. Q From May 7th, 2002 up until approximately August 13th, 2002, would you agree you treated him basically every other week? A I'd say it was sporadic depending on his symptoms, yeah. Q Okay. And then what about from August to October, did you treat him? A If there's nothing marked in there, then he didn't come in, no. Q Do you know where he was or what he was doing 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 during this time period? A He was just out of town. That's all I have, a note that he was out of town. Q Do you know where out of town he was or what he was doing? A Not in my records. I have no knowledge of that. Q Okay. And then he treated with you two times in October? A He treated with twice, yes, the 11th and the 16th. Q And then when was the next time he came in? A The next one was in February. Q So there was no treatment between October and February? A That's correct. Q And why did he come in to see you in February? A February was right shoulder, right scapular area, and cervical range of motion, cervical -- from the cervical region. Q And what was it that he was doing that caused him to experience the pain? A He was -- it was aggravated by shoveling snow. Q Then you treated him, would you agree, approximately twice a month in May, June and July of 103? 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I saw him March -- well, yeah, so just a couple times in '03. Q And then there was no treatment until December of ' 03? A And then again in December of -- 12-4-03, correct. Q Okay. And then when was the next time that you saw him? A It would be March of 104. Q And then when was the next time that you saw him? A It was June of ' 05 . Q So over a year -- A He went -- Q -- he went -- A Correct. Q Do you have any knowledge of his activities from May of ' 02 to August of ' 05? A There's nothing in my notes as far as -- of his activities other than his work. I mean, that I know he was working at the time, but I don't have that in my notes. Q And did his work involve heavy lifting? A His work involved a lot of moving things around. I don't think it was heavy lifting, no, at the time. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What would you consider to be heavy lifting? A Well, I'd say anything over 25, 30, 40 pounds. Depending on the individual. He's a pretty good size gentleman, so lifting could be heavier for him. Q Are you being paid for your testimony today? A Not that I know of. MR. BRUMBAUGH: Okay. Thank you. REDIRECT EXAMINATION BY MR. HENNING: Q Doctor, just a few follow-ups. When Mr. Garman came to see you in May of 2002, we know from -- A Right. Q -- the simple chronology of events that was six months after the collision. Did he relate to you any other traumatic events or incidents that he was involved in, lifting incidents, falls? A No, not at the time, no. Q So the only thing he related to you as the cause of his symptoms was this car accident? A Correct. Q You indicated on direct examination that during the collision Mr. Garman indicated to you that his head struck the window, the side window, door window -- A Correct. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q -- and broke it. What does that tell you about the force that was applied to his head and neck area, spine? A I don't know what the poundage would be to need to break a window, but I would think any type of force that you can break a car window with would have to be traumatic enough to cause force, a jamming force into the neck, head and shoulder area. Q When people have initial injuries like Mr. Garman has for which you've been treating him -- the pelvic fractures, the cervical subluxations and spraining-straining mechanism -- are those people more susceptible to recurrences or aggravations of that injury from just doing simple tasks, day-to-day activities, like shoveling snow or cooking, cleaning? A Those types of -- once you have an injury of a certain type, depending on the individual, normal activities, just actual normal stress in their life can aggravate some of these conditions. MR. HENNING: Those are all the questions I have. RECROSS-EXAMINATION BY MR. BRUMBAUGH: Q Dr. Acri, do you have any specialized training or education in determining the force that it takes to 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2? 2--- 2L 2' cause an injury? A No, I wouldn't say that we're trained in any type of -- I mean, as far as what causes subluxations? Q Yes. A Well, subluxations can be caused from a lot of different reasons. So I don't think there's -- I don't know if there was any studies done about how much force would be needed to cause a subluxation. Q But you yourself, haven't had any specialized -- A I can't say that I've had -- that I remember of any courses that went into any specifics other than biomechanics that we've had and kinesiology and the anatomy and physiology courses that we've taken that would indicate any more with, you know, whatever we studied at that time. I don't remember anything specifics about saying that you needed so many poundage per square inch to cause a subluxation, no. Q Do you have any knowledge or training in determining the pounds per square inch that was applied as a result of -- A No. Q -- a certain accident? A No. Q Were you aware that in February of 2002, .1 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Garman told Dr. Fultz that he was not having neck or back pain? A Just whatever he reported to me is all I know. I have never had contact with Dr. Fultz. Q And were you aware that Dr. Fultz said that he could not state that the neck pain was related to this accident? A No. Did Dr. Fultz -- you know, I don't know. No, I don't know that. Q would that cause you to change any of your opinions today? A No, because I don't know what Dr. Fultz knew of at the time when I saw him early on at that time. You know, I mean, he saw him -- what was the date he saw him? Q February 2002, that would be before you saw him. A Right before I saw him. Q Yes. A Right. And I don't know what Dr. Fultz' studies took him in subluxations of the spine, so I don't know what he knows about it. MR. BRUMBAUGH: I have no further questions. MR. HENNING: Nothing further. (The deposition was concluded at 9:34 a.m.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 31 CO MMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN I, Susan M. Simon, do hereby certify that before me, a Notary Public in and for the County and Commonwealth aforesaid, duly commissioned qualified, personally appeared ERCOL O. ACRI, JR., D.C. who were then by me first duly cautioned and (sworn, affirmed) to testify the truth, the whole truth and nothing but the truth in the taking of (his, her) oral examination in the cause aforesaid; that the testimony given as above set forth was reduced to stenotype by me in the presence of said witness and afterwards transcribed by me or under my direction. I do further certify that said examination was taken at the time and place in the foregoing caption specified. I do further certify that I am not a relative, counsel or attorney for either party, nor am I otherwise interested in the event of this action. IN WITNESS WHEREOF, I have hereunto set my hand this 1 8th day of June, 2007. COMMONWEt-,! TH OF PENNSYLVANIA 2 NO AMAL S>EAL SAN h1. ;N Notary Public Susan M . Simon of Harrisburg, D-3uphin County Reporter-Notary Public Fmyty('0mmission 2 Expires Oct. 30, 2010 4 The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless 5 under the direct control and/or supervision of the certifying reporter. •.(I . . CERTIFICATE OF SERVICE AND NOW, this 14th day of June, 2007, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP Thomas S. Brumbaugh f a 1. l Thomas S. Brumbaugh, Esquire Attorney I.D. #89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR., Defendant Attorneys for Defendant, Larry A. Morrison, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW DEFENDANT LARRY MORRISON JR.'S MOTION IN LIMINE TO PRECLUDE PLAINTIFF FROM OFFERING ANY EVIDENCE, TESTIMONY OR REFERENCE OF ANY ECONOMIC LOSSES, LOSS OF EARNING CAPACITY OR FUTURE WAGE LOSS AT TRIAL AND NOW, comes Defendant, Larry Morrison, Jr., by and through his attorneys, Thomas, Thomas & Hafer, LLP, and files the following Motion in Limine To Preclude Plaintiff From Offering Any Evidence, Testimony or Reference of Any Economic Losses, Loss of Earning Capacity or Future Wage Loss At Trial, as follows: 1. This action arises from a motor vehicle accident that occurred on November 11, 2001. r0 P 2. Defendant, Larry Morrison, Jr., was operating a vehicle that was owned by Kristine Harrison. 3. Mr. Morrison was traveling south on N. Locust Point Road, in Silver Spring Township, when he lost control of the vehicle and struck a pole. 4. The Plaintiff was a passenger in the vehicle operated by Larry Morrison. 5. The Plaintiff suffered a pelvic fracture in the accident. 6. Under the Pennsylvania Motor Vehicle Financial Responsibility Law, a plaintiff is precluded from pleading, proving or recovering any medical bills paid or payable by any first party coverage or by any program, group, contractor or other arrangement as defined by law. 75 Pa.C.S.A. § 1722. See also 75 Pa.C.S.A. § 1719. 7. It is undisputed that at the time of the accident that is the subject to this litigation, the Plaintiff had automobile insurance coverage through a policy issued by Dairyland Insurance Company. 8. Plaintiff received benefits for his medical expenses and wage loss through the policy of insurance covering his vehicle. 9. Furthermore, it is believed that all of Plaintiff's medical bills and wage loss has been covered by Plaintiff's insurance coverage. 10. Since Plaintiff's medical bills and wage loss has been paid by his insurance, Plaintiff is precluded from pleading, proving or recovering at trial any medical bills or wage loss at trial. 11. Plaintiff has not provided Defendant with documentation of any out of pocket expenses. 2 r' 1' 12. As such, it would be prejudicial to let plaintiff introduce any such evidence at trial. 13. Plaintiff's treating physician, Dr. Craig Fultz, has already given his videotaped deposition for use at trial. A copy of the transcript is attached hereto as Exhibit A. 14. In his deposition, Dr. Fultz testified that he discharged the Plaintiff to regular duty work effective 2/12/2002. Exhibit A, p. 11, II. 7-8. 15. Dr. Fultz did not place any restrictions of Mr. Garman's ability to work. Exhibit A., p. 27, II. 7 - 9. 16. At no time during Dr. Fultz's deposition did he offer any opinion as to any possibility of loss of earning capacity or possible future wage loss as a result of the injuries arising from this accident. 17. Because Plaintiff's expert has not rendered an opinion to the requisite degree of certainty as to whether or not Plaintiff will incur any loss of earning capacity or will incur any future wage loss as a result of the injuries arising from this accident, the jury would be left with nothing but speculation as to any future loss of earning capacity or future wage loss. 18. As such, Plaintiff should be precluded from offering any evidence, testimony or reference at trial to any alleged loss of earning capacity or future wage loss. WHEREFORE, Defendant, Larry Morrison, Jr., respectfully requests that this Honorable Court enter an order precluding Plaintiff from offering any evidence, 3 T. A testimony or reference of any economic losses arising from this accident, or any future wage loss or alleged loss of earning capacity. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated: June 15, 2007 By: Thomas S. Brumb ,Esquire Attorney I.D. #89(Y37 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 Attorneys for Defendant 4 ?.xhtb?t ? r. ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THEODORE GARMAN, JR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-5560 CIVIL ACTION - LAW LARRY MORRISON, JR., DEFENDANT JURY TRIAL DEMANDED VIDEOTAPED DEPOSITION OF: CRAIG W. FULTZ, M.D. TAKEN BY: PLAINTIFF BEFORE: SUSAN M. SIMON REPORTER-NOTARY PUBLIC PLACE: ORTHOPAEDIC SURGEONS OF CENTRAL PA 550 NORTH 12TH STREET LEMOYNE, PENNSYLVANIA DATE: FEBRUARY 22, 2007 BEGINNING 9:56 A.M. APPEARANCES: HANDLER, HENNING & ROSENBERG BY: W. SCOTT HENNING, ESQUIRE FOR - PLAINTIFF THOMAS, THOMAS & HAFER BY: THOMAS S. BRUMBAUGH/ ESQUIRE FOR - DEFENDANT ckwo? s 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WITNESS CRAIG W. FULTZ, M.D. By Mr. Henning By Mr. Brumbaugh I N D E X DIRECT CROSS REDIRECT 3 21 31 EXHIBITS: 1. Curriculum vitae 2. Photocopy of bony framework of abdomen PRODUCED AND MARKED 3 8 J4 A* 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, filing and certification are waived. (Curriculum vitae produced and marked as Fultz Deposition Exhibit Number 1.) CRAIG W. FULTZ, M.D., called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION BY MR. HENNING Q Doctor, as we introduced ourselves, my name is Scott Henning. I represent Theodore Garman. And I'm going to start asking questions of you first regarding your treatment of Mr. Garman relative to a pelvic injury. And when I'm concluded, Attorney Brumbaugh undoubtedly will have some questions for you. Would you please identify yourself for the record. A Craig W. Fultz, M.D. Q And what is your professional address? A Professional address is 550 North 12th Street, Lemoyne, Pennsylvania. Q What type of medicine do you practice? A Orthopedic surgery. Q And can you describe for the jury what type of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 injuries and medical problems you treat on a day-to-day basis? A I see, evaluate, diagnose, and treat musculoskeletal injuries as well as disease processes. This can include traumatic events or arthritic problems. Q When did you become licensed to practice medicine in the Commonwealth of Pennsylvania? A 1983. Q Do you practice with a group of doctors? A Yes, I practice with Orthopaedic Surgeons of Central Pennsylvania. Q Now, there's a phrase that doctors use in terms of explaining their professional credentials, and they refer to themselves as being board certified. Are you board certified? A Yes, I am. I'm board certified by the American Board of Orthopedic Surgery. Q And is obtaining board certification a level of professional achievement that is in addition to being licensed to practice orthopedic surgery? A Yes, it is. Q Are you required to undergo additional testing in order to become board certified as an orthopedic surgeon? A Yes. 0 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, we're here today about Theodore Garman and a pelvic injury. Do you routinely treat individuals who have sustained pelvic fractures? A Yes, I do. Q And without getting into any details just at this moment, am I correct in stating that Theodore Garman, Junior, has been one of your patients? A That's correct. Q Doctor, I want to show you a document which I've identified as Fultz Exhibit Number 1. Can you identify what that document is for us? A This is a copy of my curriculum vitae. Q Does that outline your educational background and professional schooling? A Yes, it does. Q Does it also set forth various professional organizations to which you belong? A Yes. Q And is that document accurate and up-to-date? A Yes. MR. HENNING: At this point, I'd like to offer Dr. Fultz as an expert witness in the field of orthopedic surgery and also as one of Mr. Garman's treating physicians. At this point, I'll ask Mr. Brumbaugh if he has 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any questions on your qualifications. MR. BRUMBAUGH: No. I have no objection. BY MR. HENNING: Q Doctor, when did Theodore Garman first come under your care? A I first saw him in my office on November 21st, 2001. Q What were the circumstances that caused him to come under your care? A He had sustained injuries in a reported motor vehicle accident on November 11th, 2001. Q And what injury did he present to you? A He presented complaining of pain in his pelvis, and on reviewing the diagnostic studies, he was diagnosed with a pelvic fracture. Q And you somewhat touched on this, but can you report to us the history that he provided to you relative to the onset of that injury? A Yes. He was a passenger in a motor vehicle. At the time the injury occurred, he was riding in the back seat on the passenger side, and the impact was on the passenger side of the car. He reportedly was extricated from the car and taken to Carlisle Hospital where radiographs were performed. He was reportedly complaining of pelvic pain as 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well as having the wind knocked out of him. He was diagnosed with pelvic fracture at that time, subsequently admitted to the Carlisle Hospital under the care of a different orthopedist. He was not pleased with the care that he had received and subsequently presented to my office for follow-up care after being discharged from the hospital. Q As part of that initial visit, did you conduct a physical examination? A Yes, I did. Q And what did that reveal? A He had tenderness about some of the bony prominences of his pelvis, more specifically, the ischial tuberosity and pubic symphysis. And that correlates to areas in his buttock and in his groin area. And those areas of tenderness correlate to the areas on his x-ray where he had fractures. Q What symptoms was he expressing to you? A He was complaining of having pain in his right groin, his right buttock, and it was worse with weightbearing activity. He was using axillary crutches when he presented to my office. He was not having any significant back pain or radicular symptoms, and his exam were as I described. The only additional finding is he was neurovascularly intact. 1 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Doctor, to your right there's an exhibit that we'll refer to as Fultz Number 2 that is a document that I brought with me today to assist you in explaining to the jury where these fractures took place. Can you point on this anatomical view of the pelvis and spine area where this fracture occurred? A Right. Just to get us oriented, this is looking straight on to a person that's facing you. So this would be his right side, this would be his left side (indicating). This is his spine. This is his pelvis. These are his hip joints. You have the ball and the socket portion of the hip. We call the socket the acetabulum. Where he broke his pelvis was through what we call a pubic symphysis area here. He also had what we call a high anterior column fracture adjacent to his acetabulum in this area. (Photocopy of bony framework of abdomen produced and marked as Fultz Deposition Exhibit Number 2.) BY MR. HENNING: Q Were the symptoms that he was presenting to you consistent with this type of fracture? A Yes. Q What treatment did you provide to Mr. Garman as of the time of the initial visit? A For these type of injuries, as long as they do AP 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not significantly displace, they can be treated non-operatively. And we treated him with axillary crutches protecting the weight on his right lower extremity. He was advised on no pivoting, no twisting on the leg, and I kept him off work. He was given a prescription for some pain medication which is an oral narcotic and was instructed to follow up with us when he was about six to seven weeks post injury. Q When was the next time that you had occasion to see Mr. Garman then for a follow-up visit? A On December 28th, 2001. Q What was Mr. Garman's status at that time? A He presented not using his crutches to ambulate which was not what I had recommended. He was still having occasional soreness in his groin when he walked for long periods of time. His exam was improved in that he had only minimal tenderness to palpation about his groin which is where one of the fractures was located. We did radiographs of his pelvis which showed that the fractures were still in good alignment, and there were some signs of early bony healing. I had recommended him on using the axillary crutches for an additional two weeks and then gradually it r 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wean himself off of them in a methodical fashion as comfort allows. And I released him to work with restrictions. Q What restrictions did you impose upon his work activity? A I advised him he should be lifting less than 10 pounds, and he should be able to sit down as needed. Q When was the next time that Theodore came to your office for a follow-up visit? A I saw him on January 18th, 2002. At that time he was eight weeks out from his injury. He had weaned himself off the crutches entirely. He had reportedly -- had been placed back to work. He was doing some prolonged weightbearing and was having some discomfort in his buttock. He was also having some discomfort in his groin. X-rays were obtained of his pelvis again which showed further signs of bony healing and no change in the minimally displaced fracture alignment. He was kept on work restrictions. His weightbearing status was decreased on his right leg until he was reevaluated. Q What was the next time that Mr. Garman came to your office? A I saw him on February 12th, 2002. He was now three months out from his injury. He reportedly was back to light duty work and tolerating that reasonably well. He , P r 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was still having occasional achiness in his groin. Radiographs were obtained during that visit which showed a bony union or osseous union across the fracture site. He had a moderate amount of callous formation along the fractures which are a radiographic finding consistent with bony healing. I had discharged him to regular duty work effective 2-12-2002, and I had advised him on a home exercise program including stretching exercises. I additionally had recommended an anti-inflammatory medication on an as-needed basis for the symptoms he was having. Q And then moving forward in time, when was the next occasion Theodore reported to your office for an appointment? A I saw him April 9th, 2002. a half months out from his pelvic fracti reportedly unemployed at that time. He heavy lifting, he would get achiness in groin. Otherwise he was tolerating his activities. He was now four and -ire. He was had noted if he did his buttock and normal daily X-rays were again obtained which showed a solid osseous or bony union across the fractures. The joint appeared to be well preserved. Didn't see any signs of any deterioration or post traumatic arthritis developing. ?• r 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It was my impression at that time he was having achiness that were being contributed by soft tissues and not due to bony pathology. And had I recommended a course of physical therapy for stretching, range of motion, and strengthening exercises. He had at that time declined therapy. He felt his symptoms weren't severe enough to warrant that, so I discharged him and advised him on activities as comfort allows and to return to the office if symptoms increased. Q In that office note and in your last narrative there you indicated that there was callous formation noted on the x-rays with minimal displacement. When you refer to minimal displacement, what do you mean by that? A Probably 1 to 2 millimeters. Q Is this a situation where the bones don't quite meet up the way they had been before they were fractured? A Correct. Q When was the next time that Theodore came to your office for a visit? A His next evaluation was on 3-30-2004. Q What symptoms and problems did he relate to you at that time? A He presented complaining of ongoing symptoms in his right groin and buttock. Since his previous 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 evaluation, he was having ongoing achiness. He was not taking any medications on a regular basis for those symptoms. His pain was aggravated with heavy lifting. He denied any low back pain or radicular symptoms which are symptoms characteristic of nerve entrapment. Q Now, you had not seen him for approximately two years. There was this gap from April 9, 2002 visit to April -- I'm sorry, March 30, 2004. Did he relate a history to you of any treatment that he had been undergoing in that approximate two-year period? A Yes. On presentation during his March 30th, 2004 visit, he presented complaining of neck pain as well. He stated to me during that visit that he had sustained, quote, a whiplash, end of quote, injury to his cervical spine during that motor vehicle accident on 11-11-2001, and he had been seeing a chiropractor periodically for this. He stated he was having ongoing neck pain. It was referred to his right periscapular area which is the shoulder blade region. He did not have any radicular symptoms into his upper extremity. Radicular symptoms are discrete patterns of pain, numbness or weakness that would be characteristic of a nerve being entrapped in the neck. And he failed to have any of those symptoms. He had no myelopathic symptoms which are 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 symptoms suggestive of cord compression. And he was seen for the first time in my office for these complaints at that visit. Q Did you conduct a physical examination on that visit? A Yes, I did. Q And what did that reveal? A Well, examination of his cervical spine demonstrated him to have full range of motion. He had some mild tenderness and spasticity about his pericervical muscles which are the muscles on the sides of his neck. He had no sensory or motor deficits on his exam. I examined his lower back, and he had no areas of discreet tenderness in that location. He had some tenderness in his right groin. He had no pain with passive range of motion of his hips. And his lower extremities had grossly normal sensation, motor strength, and was vascularly intact. Q Did you have Theodore undergo additional x-rays at this visit? A Yes, I did. Q What did they reveal? A I obtained x-rays of his pelvis looking at his previous fractures, and these x-rays demonstrated a solid bony union of the fractures with no change in the alignment IA 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the previous films. I also obtained cervical spine x-rays, and these demonstrated no evidence of any fracture, dislocation, bony destruction, no evidence of any significant foraminal stenosis on the oblique views. Q Did the x-rays taken in March of 2004 continue to show the displacement of the fractured bones? A Yes. Q What treatment did you recommend for Theodore in March of 2004? A I recommended an anti-inflammatory medicine called a Medrol Dosepak. It's an oral steroid. It starts at a high dose and tapers over a seven day time period. And we follow it by a nonsteroidal anti-inflammatory medication. And the one I selected was Voltaren. I had also recommended physical therapy to the areas that were causing discomfort for him, including his cervical spine and his pelvic area which would include modalities, range of motion, stretching, strengthening exercises. Q Following the March 2004 visit, when was the next time you had occasion to treat Mr. Garman? A I believe the last time he was seen in our office was March 30th, 2004. Q If I'm looking at some of your notes correctly, ? 1Y 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it would appear as though you saw him on December 9, 2004 for a consultation? A I saw him for an evaluation and impairment rating exam, okay. Q When he reported to you for that impairment rating evaluation on December 9, 2004, what symptoms and problems did Mr. Garman relate to you that he was still experiencing? A When he presented he had given me a history that he had been sent by -- or had been seen by Dr. Morganstein for further evaluation of his ongoing complaints I had seen him for in the past. He was referred to physical therapy by Dr. Morganstein. He was reportedly currently involved in therapy and notes he has seen a marked improvement in his symptoms although he was not asymptomatic. He was reportedly involved in a stretching and a strengthening program, and he was scheduled to follow up with Dr. Morganstein on 12-13-04. Dr. Morganstein was reportedly the only physician that was managing his ongoing pelvic symptoms. His symptoms on presentation during that exam on December 9th, 2004, included right-sided pelvic pain. He complained of right groin discomfort and buttock discomfort which was aggravated by increased levels of r 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 activity. He describes himself as having low grade achiness that's exacerbated with high levels of activities which would include climbing steps, stepladders, repetitively pivoting, twisting on the right leg, and doing heavy lifting. He denied any lower back discomfort, and he continued to have no radicular symptoms. He was also complaining of achiness in his neck referred to his right periscapular area which is again in the shoulder blade region. He described it as tightness and achiness. He did not complain of any radicular symptoms into his upper extremities as previously outlined. I reviewed with him the current medications and treatments he was receiving. He was presently when I saw him on December 9th, 2004 taking no medications for his musculoskeletal complaints. He had been placed on the Voltaren as I had previously mentioned in my testimony. He reportedly had sustained a work-related injury to his elbow and had been placed on Bextra for a period of time. Bextra is also an anti-inflammatory medication. He noted that the anti-inflammatory medication improved his symptoms but did not resolve them. He was involved in the therapy that I previously discussed. He had had no injections into his pelvis or his cervical spine. He's had the radiographs as 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2? 24 2_r I previously described. And he did not have any MRI's, bone scans, or any surgeries for his musculoskeletal complaints. Q Would you please summarize for us the restrictions and instructions that you had provided to Theodore regarding his work activities throughout the time period that you've treated him. A He was unemployed when he first presented to my office on 11-21-01. He was released to light duty by me on 12-28-01 through 2-12-02. I then released him to regular duty work on 2-12-02 until the present time when I saw him on December 9th, 2004. The patient noted during his last exam or interview by me, that he did return to Round Top, his previous employer, after being released by me. More recently he has a full-time job at Harley-Davidson, and his start date was 1-20-03. He was continuing to work at that position with no restrictions. Q Doctor, what is your medical opinion regarding the causal relationship between the motor vehicle collision and the resulting pelvic fracture and the pain and symptoms Theodore has continued to experience on an ongoing basis through to the time period of your last appointment with Theodore? A It's my opinion that the pelvic fracture as I1 M 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2: 2_ 24 2 _r well as his ongoing symptoms referable to his pelvic fracture and adjacent soft tissues are causally related to that motor vehicle accident on 11-11-01. Q As of December 9, 2004 -- and am I correct that that was the last occasion that you had to see Mr. Garman face to face? A That's correct. Q What limitations did you impose upon Theodore's activities as of that time? A Well, I cautioned him against doing any running, jumping, repetitive heavy lifting. And I would -- in my opinion, those would be permanent. Q And as of that December 9, 2004 office visit, what was your opinion relative to ongoing treatment that Theodore needs for the pelvic injury? A Well, I think that he'd benefit from ongoing treatment. First, I'd recommend he finish out the physical therapy. He was seeing improvements from those modalities as I anticipated when I last saw him in the office. I think he should be transitioned to a home exercise program. These tend to give people more lasting effects of the improvement in their discomfort. And additionally, I recommend taking an anti-inflammatory medication as needed for any flares of discomfort. Q As part of that last visit in December of 2004, 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2? 2= 2? 2`_ did you make an analysis to determine Theodore's permanent impairment rating pursuant to the American Medical Association's guidelines for permanent impairment ratings? A Yes, I did. Q And what were your conclusions? A I categorized him with a percent of his whole person impairment as 2 percent. The patient has a transverse periacetabular fracture which extended into the iliac region, as well as a pubic ramus fracture on the right side which is what I demonstrated on that chart to you earlier. And this would be categorized as a healed fracture with residual displacement and signs and symptoms. And according to the AMA guides, that's a 2 percent impairment of the whole person. Q Doctor, what is your opinion regarding Theodore's prognosis with regard to the pelvic fracture? And by that I mean what problems and limitations does Theodore face in the future? A Well, with these type of injuries it's not unusual for people to continue to have some achiness and discomfort about the fracture site area with high levels of activity. Certainly from a clinical and a radiographic standpoint his fractures are solidly healed, but it would not be unusual for him to continue to have some discomfort with high levels of activity, sometimes with weather t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 changes. Sometimes people can get arthritic changes in the adjacent joints. In this case, it would be the hip or the SI joint. Q Doctor, all the opinions that you've rendered today, have they been rendered within a reasonable degree of medical certainty based on your firsthand involvement and treatment of Mr. Garman? A Yes. MR. HENNING: Those are all the questions I have. I'd move for the admission of the two exhibits and turn the floor over to Mr. Brumbaugh for cross-examination. MR. BRUMBAUGH: Thank you. CROSS-EXAMINATION BY MR. BRUMBAUGH: Q Dr. Fultz, my name is Tom Brumbaugh. I represent Larry Morrison in the lawsuit that he has filed. I do have some questions for you. Throughout your testimony you have been referring to a document or reading a document, is that correct? A Yes. Q What is that document? A That document is the report that I completed at Mr. Garman's last evaluation by me for the impairment rating that was December 9th, 2004. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 Q other than referring to the document, do you have any independent recollection of the treatment that was rendered to Mr. Garman and his injuries? A Actually I do recall the individual and the general treatment and outcomes with him, yes. Q Do you know Mr. Garman other than as a patient here? A No. Q Explain to me how a patient's history is taken? A Patient's history taken by me interviewing the patient, generally asking them specific questions. Q And then how is the history recorded? A After I take the history or while I'm taking the history, oftentimes I may take cursory notes while I'm in the room examining the patient and getting the history, and then generally when I leave the room, then I will dictate an office note that incorporates all the facts that I obtained, both the history, the physical exam. When I first see a patient, we also review past medical history, previous hospitalizations, surgeries, medical illnesses. Those type of things are incorporated in the text. Q Do you record that history immediately after seeing that patient or at the end of the day? A Generally it's shortly after seeing the I1 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 patient. Some circumstances it may be done later on in the day. But in my practice it's usually done within 20 minutes, 30 minutes, an hour, something like that. Q Is there any reason why you would not record a patient's complaints of pain accurately? A None that I can think of. Q So if a patient was reporting pain, that he was in pain, you would have that in your notes? A Yes. Q I believe you testified earlier that the first time that you saw Mr. Garman was November 21st, 2001? A Yes. Q And then the second time was December 28th, 2001? A That's correct. Q Okay. And when he returned, he was not using the crutches that you had recommended that he use? A That's correct. Q What about his medications, was he taking any pain medications at that time? A He had weaned himself off the pain medication to a large extent. Q And at that time you had released him to return to light duty work? A Yes. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Next office visit that you testified about I believe was January 18th, 2002? A Yes. Q Did you see him on that date? A He was seen by our physician assistant. Q And that's Mark Rupert? A Yes. Q What is a physicians assistant? A He is a person has that undergone additional training and education to get certified as a physician assistant. Mark Rupert was a physician assistant that has some subspecialization in orthopedics. Q Would he take a patient history the same way that did you? A Yes. Q In his report, he refers to very deep palpation. What is that? A That's when he's pushing on whatever area he's describing. Q Does he indicate whether or not he produced pain as a result of that palpation? A He noted with very deep palpation, I was un -- I was able to adequately palpate the pelvis and did not note any significant discomfort during this exam. Patient does have some mild tenderness over the greater 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 trochanteric area on the right side, has adequate hip flexion, extension, as well as internal and external rotation. Q What would very deep palpation be? A Deep palpation as I interpret from his note is that he pushed into the buttock area which has a large mass of muscle there, your gluteal muscles, to try to push deep enough that he could feel the bony architecture. Q And that wasn't producing discomfort at that time? A According to his note, no. Q Would it generally produce discomfort? A On a healing fracture, as they heal they should get less tender. So the reason why we examine fractures in that manner is we're looking for signs of clinical healing. So if people come back and they have pelvic fractures that are having pain with weightbearing activity, we would palpate the fractures to see if it reproduces their symptoms. We'd range the motion of their hip because that can torque the fracture to see if they're having any pain associated with that. If the pain is not reproduced with palpation or with movement of the hip and the x-rays are showing signs of bony healing, then the pain may be coming from other 25 I areas. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q The next time that you saw Mr. Garman, that was February 12th, 2002? A That's correct. Q Was he taking any pain medication at that time? A He was not requiring any analgesic medications on a regular basis at that time. Q And analgesic medication, is that -- A Pain medicines, yeah. Q Was he having any back pain at that time? A No. Q Did he tell you that he was not having any back pain at that time? A Yes. When it's reflected in my note, that means I specifically asked him that question. Q Now, your report also indicates that he does not appear to be in any acute distress. What does that mean? A It means when you are examining a patient, you try to get a feeling for how uncomfortable they are. If somebody comes in with an acute fracture, they may be tearful, they may be protecting the arm, that type of thing. People have lumbar spine pathology which is oftentimes aggravated by sitting. They'll get up, they'll change their position frequently, that type of thing. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In his situation on February 12th, 2002, he didn't exhibit any of those signs. Q Okay. And did you release him to return to work with no restriction? A I released him to regular duty work effective 2-12-2002. Q Did you place any restrictions on his ability to work? A No, I did not. Q I believe the next time that you saw Mr. Garman was April 9th, 2002? A That's correct. Q Okay. And at that time had he resumed his normal daily activity? A I note he was doing his normal daily activities but was having difficulty returning to his Ski Round Top position, and he was having discomfort with heavy lifting. Q Did you find any objective reasons for that discomfort? A I was unable to find any areas of discrete tenderness, and he wasn't having any pain with range of motion of his hip. Q So did you find any reason for his ongoing complaints? A I had an opinion that his pain was soft tissue 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 in etiology and not related to the fracture not being healed. And that was the reason why I offered him physical therapy. Q Between April 9th, 2002 and March 30th, 2004, do you have any idea of Mr. Garman's activities throughout that period? A No. Q Do you know whether he was working? A I do not have any medical record documentation as to whether he was employed. When I did the impairment rating examination, the history I obtained from him that he had returned to Round Top, his previous employer, after being released by me, and then more recently he had gotten a different full-time job. Q The next time that you saw him was March 30th, 2004? A That's correct. Q Now, for his visit on March 30th, 2004, I've been provided with copies of two separate reports, both with different account numbers for Mr. Garman as well as different addresses for Mr. Garman. Why would there be two different reports? A There would be two different reports because that the pelvis and neck were reported to us as being associated with the motor vehicle accident and the shoulder 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was not. So it would be two different insurance carriers. So the medical records get submitted separately to the respective insurance carriers as I understand. Q When was the first time that he complained to you of having pain in his neck? A That was March 30th, 2004. Q Okay. So all the treatments prior to that he had not complained of neck pain to you? A That's correct. Q And I believe you had testified you were not able to state with a reasonable degree of medical certainty that his neck injury is related to this accident? A That's correct. Q You had also mentioned that you had given him a prescription on March 30th, 2004? A Yes. Medrol Dosepak. Q Was that for his pelvis? A That was actually for both areas, his pelvis and his neck, to quiet down the inflammation in both areas. Q Do you have any knowledge of the effect of Mr. Garman's injury on his ability to perform his daily activities now? A As of today, no. Q Do you have any knowledge of the effect of the injury on Mr. Garman's ability to go deer hunting or 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pheasant hunting? A I haven't examined him since 2004. When I saw him in 2004, he would probably have difficulty walking uneven terrain, climbing on rocks and things like that to go hunting. Q Would he still be able to do it? A Probably with discomfort. Q As we sit here today, do you know with a reasonable degree of medical certainty whether Mr. Garman requires future treatment for his pelvic fracture? A I can't say that he is definitely going to need ongoing treatment, but there's a high probability he's going to have ongoing symptoms and need further treatment. Not necessarily surgically or invasive, but probably an anti-inflammatory medicine as needed and do a home program of exercises. Q Do you know for sure whether or not he is going to need that future treatment? A I can't say with a hundred degree percent certainty, but with a reasonable degree of medical certainty I think he will because at my last evaluation he was having ongoing symptoms, and that far out from that type of injury, if you're having ongoing symptoms it's very likely that they're going to continue to have ongoing symptoms that can likely be managed with the exercises and 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anti-inflammatory medicines. Q And I believe you described these ongoing symptoms as an achiness, soreness? A And increased pain with high levels of activity and heavy lifting. MR. BRUMBAUGH: Thank you. That's all my questions. MR. HENNING: Doctor, just a very few follow-ups. REDIRECT EXAMINATION BY MR. HENNING: Q I just want to focus first on the January 18, 2002 office visit. Attorney Brumbaugh asked you some questions about that visit. Am I correct that when Mr. Garman reported to you to the office on that date under chief complaint it says I am having a lot of pain since Dr. Fultz put me back to work? A That's correct. Q And then in the body of that office note, am I correct that it refers to some of his work activities utilizing a cleaning machine on floors? A That's correct. Q And did he indicate that that task and being on his feet doing that task was causing him increasing , I 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2? 24 2 F discomfort and pain? A He claimed that the job that he was doing aggravated his symptoms. Q As part of the recommendations at that visit, was he advised or restricted not to use the cleaning machine on the floors? A He was put back to full-time work with the restrictions that he shouldn't be using the floor cleaning machine for long periods of time. Q Does the note also indicate that he will largely be non-weightbearing until he follows up with Dr. Fultz? A That's correct. Q Just one point of clarification in terms of medical terminology. In that office note and in your response to Attorney Brumbaugh's questions, you referred to the greater trochanter. Can you explain to the jury what that is and where it is in the body? A Yeah. It's on the outside of the hip. And to reference your chart again, that would be in this area right here (indicating). People oftentimes with symptoms in that area if they're limping, they're not walking normally, because in that area is where your major hip muscles come down and , I 33 1 1 insert. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So it wasn't where the fractures were located, but he was getting pain along the lateral aspect of his hip. Q In your medical opinion, the pain in that area, is that causally related to and consistent with the fractures that he sustained in his pelvis? A Yes, I think they're all interrelated. Q Now, on that same vein and moving over to the April 9, 2002 note, you were talking about the healing of the bony fractures and indicated that you thought his -- the achiness in his buttock and groin was soft tissue in etiology. When you used the phrase soft tissue, first of all, what are you referring to when you say soft tissue? A Muscles, tendons. Q And when you say it's soft tissue in etiology, are you indicating that that is all connected and related to these fractures or is it some wholly different thing? A I think it's all related. When a person has a fracture such as Mr. Garman had and he was on crutches for a while and he has limited motion and activities with the hip, and then you start weightbearing him even after the fracture is healed, they'll oftentimes have soft tissue soreness and tightness. Those muscles haven't been used 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for a while, they contract, they get tight, and they get set up for tendonitis and inflammation. And that's why I had recommended physical therapy to try to work on stretching exercises. And, in fact, I believe once he attended physical therapy which I believe was outlined by Dr. Morganstein, it did help his symptoms. MR. HENNING: Those are all the questions I MR. BRUMBAUGH: No further questions. (The deposition was concluded at 10:37 a.m.) , 1 M, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF DAUPHIN ) I, Susan M. Simon, do hereby certify that before me, a Notary Public in and for the County and Commonwealth aforesaid, duly commissioned qualified, personally appeared CRAIG W. FULTZ, M.D. who were then by me first duly cautioned and (sworn, affirmed) to testify the truth, the whole truth and nothing but the truth in the taking of (his, her) oral examination in the cause aforesaid; that the testimony given as above set forth was reduced to stenotype by me in the presence of said witness and afterwards transcribed by me or under my direction. I do further certify that said examination was taken at the time and place in the foregoing caption specified. I do further certify that I am not a relative, counsel or attorney for either party, nor am I otherwise interested in the event of this action. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of March, 2007. Susan M. Simon }s" = Reporter-Notary Public The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter. FUL'-'? EXHIBIT NO f C?- -, CRAIG WARREN FULTZ, M.D. SUSAN If( SINON BUSINESS ADDRESS: 550 North 120' Street Lemoyne, Pennsylvania 17043 (717) 901-8000 FAX: (717) 761-6860 BIRTH DATE: May 19, 1959 BIRTH PLACE: Inglewood, California EDUCATION: 1973-1976 ELIZABETHTOWN AREA HIGH SCHOOL, Elizabethtown, PA. Class Standing: #1- Class Valedictoriati Major: Academic 1976-1979 ELIZABETfTTOWN COLLEGE, Elizabethtown, PA. Major: Biology Cum: 3.97 Honors/Awards: Dean's List Summa Cum Laude Presidential Academic Scholarship Member of Abraxas (Men's Honor Society) Distinguished Senior Student Award Weaver Biology Award Student Government Service Award for Leadership and Service to the Campus Community SPECIAL PROJECTS/PUBLICATIONS Advanced chemical research for local industry (AMP) This project encompassed the preparation of 2-hydroxphenyl undecyl ketone through a Freidel Crafts Reaction (a compound according to literature had never been synthesized). I then reduced the compound to a 2-dodecylphenol by using amalgamated zinc. Project Development in Dr. Lawrence Demer's Reference Laboratory, Hershey Medical Center, Hershey, PA. I was involved in developing a radiommunoassay and column separation procedure for 6-Keto PGF1 cc -- an important metabolite of prostaglandin synthesis. My work included a thorough statistical evaluation of the methodology. Data reduction was performed on a Hewlett Packard 9831A basic computer. A paper including this evaluation was presented for textbook publication. Other experiences in radiommunoassay analysis include important clinical tests such as gastrin, insulin and ferritin. I also became familiar with the proper handling of radioisotopes and radiation counting equipment. Psychology Research Publication Zanni, G.; Kulp, RA.; Fultz C. W.; Baer, R. The effects of an environmental stressor upon personal space. Presented at the Pennsylvania Academy of Science, April 24, 1979. 1979-1983 MILTON S. HERSHEY MEDICAL CENTER PENNSYLVANIA STATE UNIVERSITY, COLLEGE OF MEDICINE, Hershey, PA. Graduation: 1983 Honors/Awards Recipient of Rotary Academic Scholarship Recipient of National Institute of Health Fellowship for two summers (competitive selection based upon academic performance and previous research contributions). SPECIAL PROJECTS/PUBLICATIONS Examined the utilization of short chain fatty acids during oxygen deprivation in myocardial tissue -- results not published. Liedtke, A.J.; Vary, T.C.; Nelis, S.H.; Fultz, C.W. Properties of Carnitine Incorporation in Working Swine Hearts: Effects of Coronary Flow, Ischemia and Excessive Fatty Acids. Circulation Research June 1982. Liedtke, A.J.; Nelis, S.H.; Fultz, C.W.; Dietz, M. Regional Application of an End-Systolic Relationship for Measuring Contractility. Basic Research in Cardiology, 78: 385- 395,1983. 1983-1984 MILTON S. HERSHEY MEDICAL CENTER, Hershey, PA. General Surgery Internship SPECIAL PROJECTS/PUBLICATIONS Fultz, C.W.; Lester, D.K.; Hunter, J.M. Single Stage Lengthening by Intercalary Bone Graft in Patients with Congenital Hand Deformfitties. The Journal of Hand Surgery, February 1986. 1984-1988 MILTON S. HERSHEY MEDICAL. CENTER, Hershey, PA. Orthopaedic Surgery Residency Experience included orthopaedic management of polytraumatized patients, adult reconstructive orthopaedics, spinal cord rehabilitation, pediatric orthopaedics, sports medicine and hand surgery. Team physician for local professional hockey team - Hershey Bears. ti, 41 4 " SPECIAL PROJECTS/PUBLICATIONS Fultz, C.W. and Buchanan, J.R. Complex Fracture - Dislocation of the Metacarpophalangeal Joint: A Case Report. Clinical Orthopaedics 227: 255-260, 1988. Fultz, C.W. and Greer, R.B. Avascular Necrosis of the Tibial Plateau: A Complication of Total Knee Arthroplasty. Submitted for publication. 19881998 CUMBERLAND ORTHOPAEDIC ASSOCIATES, LTD., Camp IM PA. Attending Orthopaedic Surgeon Assistant Professor of Surgery in the College of Medicine of the Pennsylvania State University. SPECIAL PROJECTS/PUBLICATIONS 1989-1990 Guest Lecturer at Orthopaedic Trauma Symposium 1998-PRESENT ORTHOPAEDIC SURGEONS OF CENTRAL PENNSYLANIA A new corporation resulting from the merger of Cumberland Orthopaedic Associates and Harrisburg Orthopaedic Associates Attending Orthopaedic Surgeon President 2000-Present SPECIAL PROJECTS/PUBLICATIONS Guest Lecturer at the Dauphin County Bar Association, Lancaster County Bar Association, Holy Spirit Hospital and Pinnacle Health System's Departmental Meetings and Community Educational Seminars. LICENSE: Diplomat of American Board of Orthopaedic Surgery Diplomat of National Board of Medical Examiners Medical Physician and Surgeon, Commonwealth of Pennsylvania PROFESSIONAL SOCIETIES: American Academy of Orthopaedic Surgeons American Medical Association Eastern Orthopaedic Association Pennsylvania Orthopaedic Society Pennsylvania Academy of Science Dauphin county medical society Ov11y r1d,i,rwur M vI tuJUVIIICII -? - 4Body of sternum 10 Costal Xiphoid 6 process cartilages s rT12 t r 12th rib 9 o j a ?Of` r? L2 , Transverse processes of lumbar vertebrae Internal lip pSacral romontory 3 i Intermediate, Iliac tuberosity line ?. " Iliac ---?--- Iliac crest L4 crest External lip Wing (ala) of ilium Tubercle A t Greater 1 sciatic notch ' Arcuate line iik Anterior superior `Ischial spine iliac spine 2 :. Sacrum Anterior inferior Lesser iliac spine sciatic notch lliopubic Greater trochanter eminence Coccyx 1 of femur Superior i Peden pubis pubic ramus: M_ (pectinealline) ? R - Obturator t ' ?_ .. foramen Pubic symphysis Pubic tubercle Ischial tuberosity Inferior Lesser trochanter pubic ramus ( -- Pubic arch ? - -- of femur Arcuate pubic ligament BODY WALL PLATE 231 EXHIBIT NO. 0 9.9 -o7 :...w... a n#MrnM1 CERTIFICATE OF SERVICE AND NOW, this 15th day of June, 2007, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP Thomas S. Brumbaugh f ?J _ ,? ,.:.. ? c?-, :. ll ---i __.._ ?. C.i ___. G- `? ?' THEODORE GARMAN, JR., Plaintiff v LARRY MORRISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-5560 CIVIL TERM IN RE: NOTE TAKING ORDER OF COURT AND NOW, this 18th day of June, 2007, upon consideration of the issue of the length of the trial in this case and jury note taking, and pursuant to an agreement of counsel, the case is not expected to last two days or more, and the jury will not be permitted to take notes. By the Court, Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110-2838 For Plaintiff /omas S. Brumbaugh, Esquire 305 N. Front Street Harrisburg, PA 17101-1216 For Defendant :mae u o vt r U, THEODORE GARMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LARRY MORRISON, JR., Defendant 03-5560 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 18th day of June, 2007, upon consideration of the Defendant, Larry Morrison, Jr.'s, motion in limine to preclude plaintiff from offering any evidence, testimony or reference of any economic loss, loss of earning capacity or future wage loss at trial, and following a conference in chambers, in which the Plaintiff was represented by W. Scott Henning, Esquire, and Defendant was represented by Thomas S. Brumbaugh, Esquire, and pursuant to an agreement of counsel, the motion is granted. By the Court, X Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110-2838 For Plaintiff V7homas S. Brumbaugh, Esquire 305 N. Front Street Harrisburg, PA 17101-1216 For Defendant mae n ! 1. THEODORE GARMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LARRY MORRISON, JR., Defendant 03-5560 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 18th day of June, 2007, upon consideration of Defendant Larry Morrison, Jr.'s, motion in limine to preclude testimony of Doctor Acri and any and all evidence, testimony or reference to any treatment rendered by Doctor Acri, and following a conference in chambers, in which the Plaintiff was represented by W. Scott Henning, Esquire, and Defendant was represented by Thomas S. Brumbaugh, Esquire, and in which counsel for the parties presented their positions on this motion, the motion is denied. By the Court, X. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110-2838 For Plaintiff ,,/homas S. Brumbaugh, Esquire 305 N. Front Street Harrisburg, PA 17101-1216 For Defendant :mae ;S O .53 Eft! 0<; l<ig LIM AHVI,A THEODORE GARMAN, JR., Plaintiff v LARRY MORRISON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-5560 CIVIL TERM IN RE: MISTRIAL ORDER OF COURT AND NOW, this 18th day of June, 2007, Plaintiff's counsel having made a motion for a mistrial based upon a reference in voir dire by Defendant's counsel to the limited tort option selected by Plaintiff, the motion is granted. dW. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110-2838 For Plaintiff omas S. Brumbaugh, Esquire 05 N. Front Street Harrisburg, PA 17101-1216 For Defendant :mae By the Court, i IN f 7 A' i I S :5 111V N LON 1 ,':!? '' :lHi do PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. -------------- -------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) THEODORE GARMAN, JR. (Plaintiff) vs. LARRY MORRISON, JR., (Defendant) (check one) ® Civil Action - Law ? Appeal from Arbitration (other) The trial list will be called on May 27, 2008 and Trials commence on June 23, 2008 Pretrials will be held on June 4, 2008 (Briefs are due 5 days before pretrials) No. 5560, 2003 Term Indicate the attorney who will try case for the party who files this praecipe: Thomas S. Brumbaugh, Esquire Indicate trial counsel for other parties if known: W. Scott Henning, Esquire This case is ready for trial. Date: February 25, 2008 Signed: f Thomas S. Brumbaugh, Esquir Attorney for Defendant, Lar orrison, Jr. CERTIFICATE OF SERVICE AND NOW, this 25th day of February, 2008, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP Thomas S. Brumbaugh U1 ?a PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) Theodore Garman, Jr. VS. Larry Morrison, Jr. VS.. (Plaintiff) (Defendant) ® Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on M a y2 7 , -2 0 0 8 and Trials commence on June 23, 2008 Pretrials willbe held on June 4, 2008 (Briefs are due S days before pretrials No. 5560 2oo3 Term Indicate the attorney who will try case for the party who files this praecipe: W. Scott Henning, Faq_ Indicate trial counsel for other parties if known: Thomas S. Brumbaugh. Rsn_ / r--- This case is ready for trial. Signed: [` - Print Name: 14 r! Date: -C LO Attorney for: I a w w4 't4 t!1 F' S *41 Gordon A. Einhom, Esquire L D. 59006 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7054 geinhom@tthlaw. com Attorneys for Defendants THEODORE GARMAN, JR., Plaintiff V. LARRY A. MORRISON, JR. and KRISTINE L. HARRISON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2003-5560 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ?z- w ordon A. Einhorn, Esquire I.D. No. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 S?? 6 U geinhorn@tthlaw.com Date: PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. oe CERTIFICATE OF SERVICE I, Gordon A. Einhorn, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP Date: S 1A3 4 595861.1 rdon A. Einhorn, Esquire I.D. No. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn@tthlaw.com ?l r...? ..? y 7 .- ?? ?J;S l,'-:* ?.J . G „ --< 1/ ¦ % CIVIL ACTION - LAW n O LARRY MORRISON, JR., ?. Defendant 2003-5560 CIVIL TERM -0 C #7 THEODORE GARMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PRETRIAL CONFERENCE rt? t' v+ U A pretrial conference in the above-captione4?? sevas' C tV =-1 held in the chambers of Judge Oler on June 4, 2008. Presen=on o behalf of the Plaintiff was W. Scott Henning, Esquire, present on behalf of the Defendant was Gordon A. Einhorn, Esquire. This is a negligence action for personal injuries arising out of a one-vehicle accident where Defendant drove into a pole while Plaintiff was a back-seat passenger on November 11, 2001, on North Locust Point Road in Silver Spring Township, Cumberland County. This will be a jury trial in which each side will have four peremptory challenges for a total of eight. The estimated duration of trial is two days. Issues which are expected to arise at trial include the question of whether the Plaintiff has met the limited tort threshold of serious injury for purposes of a damage award. To the extent that any deposition testimony is to be shown or read to the jury and counsel, counsel are directed days prior to commencement of transcripts with the areas of and with brief memoranda in si on the objections. contains objections being pursued by to supply to the Court at least five trial copies of the affected objection being pursued highlighted zpport of their respective positions Judge Oler should not be assigned to this case because one of his relatives is employed by Plaintiff's law firm. t S With respect to settlement negotiations, it does appear to the Court that there is a reasonable likelihood of settlement in this case. W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For the Plaintiff Gordon A. Einhorn, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 For the Defendant Court Admin Prothonotary pcb By the Court, Thomas S. Brumbaugh, Esquire Attorney I.D. No. 89037 LAW OFFICE OF THOMAS S. BRUMBAUGH 4811 Jonestown Road, Suite 232 P. O. Box 6656 Harrisburg, PA 17112-6656 (717) 652-2223 Fax: (717)652-2236 e-mail: brumbauohlaw0verizon.net THEODORE GARMAN, JR. Plaintiff V. LARRY A. MORRISON, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5560 CIVIL ACTION - LAW WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Defendant, Larry A. Morrison, Jr. in this matter, pursuant to Pa.R.C.P. 1012(b)(2)(i). Gordon Einhorn, Esquire has previously entered his appearance for the aforementioned party. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Respectfully submitted, Date: June 5, 2008 Thomas S. Brumbaugh, EsdGire Attorney I.D. No.: 89037/ 4811 Jonestown Road, Suite 232 P.O. Box 6656 Harrisburg, PA 17112-6656 (717) 652-2223 e-mail: brumbaughiawO-verizon.net CERTIFICATE OF SERVICE AND NOW, this 5th day of June, 2008, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Gordon Einhorn, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor Harrisburg, PA 17101 Thomas S. Brumbaugh C ° ??cy t E c o co Cs THEODORE GARMAN, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. NO. 2003-5560 LARRY MORRISON, JR., and KRISTINE HARRISON, Defendant(s) CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above captioned matter settled and discontinued. Date: f- C-?aar CRI HANDLER HENNING & ROSENBERG By - W. Scott Henni g, E; Attorney I.D. #3 298 1300 Linglestown Harrisburg, PA 171. (717) 238-2000 ATTORNEY FOR PLAINTIFF ??? .?(_. 'T'1 ? --5', S-T"i r?_,