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Home My WebLink About01-0521SPEAR & GREENFIELD, P.C. BY: MARC F. GREENFIELD, ESQUIRE I.D. No.: 62081 Suite 1800 230 South Broad Street Philadelphia, PA 19102 (215) 985-2424 MAJOR-JURY Attorney for Plaintiff JAMES BROWN 4055 Rawleigh Street Harrisburg, PA 17109 VS. GARY M. ZIMMERMAN 38 Rye Lane Palmyra, PA 17078 COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL TRIAL DIVISION COMPLAINT IN PERSONAL INJURY & PROPERTY DAMAGE MOTOR VEBICLE ACCIDENT 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 iwenty (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 p]aintifE 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 LEGAL REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ADVISO Le hah demandado a usted en la corte. Si usted quiere defenderse de cstas demandas expuestas en las p~iginas siguientes, usted tiene veinte (20) dias, de plazo al partir de la fecha de la demanda y la notificati6n. Hace falta asentar una comparencia escrita oen persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las dcmandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomarg medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion Ademas, la cort¢ puede decidir a favor del demandante y requiem que usted curapla con tod~s las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros der¢chos importantes para usted LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O S I NO TIENE EL DINERO S UFICIENTE DE P,AGAR TAL SERVICIO, VAYA EN PERSQNA O LLAME POR TELEtFONO A LA OFICINA CUYA DIRECC1ON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL: CUMBERLAND COUNTY BAR ASSOCIATION LEGAL REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 24%3166 COMPLAINT IN PERSONAL INJURY & PROPERTY DAMAGE MOTOR VEHICLE ACCIDENT 1. Plaintiff, James Brown, is a citizen and resident of the Commonwealth of Pennsylvania, residing at the address listed in the caption of this Complaint. 2. Defendant, Gary M. Zimmerman, is a citizen and resident of the Commonwealth of Pennsylvania, residing at the address listed in the caption of this Complaint. 3. On or about August 12, 1999, at approximately 11:30 p.m., plaintiff was operating his vehicle and was proceeding south on Bridge Street, at or near its intersection with 9th Street, County of Cumberland, Pennsylvania. 4. At the same time and date, the defendant, Gary M. Zimmerman owned and operated a motor vehicle which was proceeding north on Bridge Street, at or near its intersection with 9th Street, County of Cumberland, Pennsylvania. 5. Suddenly and without warning, defendant, Gary M. Zimmerman operated his motor vehicle negligently, carelessly and/or recklessly losing control of the vehicle and causing a violent collision with the plaintiff's 6. As a suffered severe forth below. 7. As a property damage vehicle. result of this accident, plaintiff, James Brown, and permanent bodily injury as is more fully set further result of this accident, plaintiff suffered to plaintiff's vehicle. COUNT I James Brown vs. Gary M. ~.immerman - Personal In~urv 8. Plaintiff, James Brown, the allegations set forth .in the preceding paragraphs, as if set forth here at length. 9. The negligence, carelessness and/or recklessness of incorporates herein inclusive, defendant, Gary M. Zimmerman, consisted of the following: a) operating said vehicle in a negligent, careless and/or reckless manner without regard for the rights or safety b) o) d) e~ f} g) h) of plaintiff or others; operating the vehicle at a high and excessive rate of speed under the circumstances; failing to have said vehicle under proper and adequate control; failing to observe the position of plaintiff and to take such action as was necessary to prevent striking plaintiff; being inattentive to defendant's duties as an operator of a motor vehicle; disregarding traffic lanes, patterns and other devices; failing to keep an adequate distance from vehicles in the vicinity of defendant's vehicle; failing to remain continually alert while operating said vehicle; 3 i) failing to perceive the highly apparent danger to others which the actions and/or inactions posed; j) failing to exercise ordinary care to avoid collision; k) failing to be highly vigilant and maintain sufficient control of said vehicle and to bring it to a stop on the shortest possible notice; 1) operating said vehicle with disregard for the rights, safety and proximity of plaintiff, even though defendant was aware or should have been aware of plaintiff's presence and the threat of harm posed to plaintiff; m) allowing this dangerous, unsafe and defective motor vehicle to be operated on a public highway; n) failing to inspect defendant's vehicle or to maintain defendant's vehicle in a safe and non-defective condition; o) driving while intoxicated; p) crossing the center line into oncoming traffic; q) failing to operate said vehicle in compliance with the applicable laws and ordinances of the County of Cumberland and the Statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicles; r) being otherwise negligent, reckless and careless under the circumstances. 10. As a direct result of the defendant's negligent, careless and/or reckless conduct, the plaintiff suffered various serious and permanent personal injuries, serious impairment of bodily function 4 and/or permanent serious disfigurement, including, but not limited to LS-S1 large left paracentral and lateral herniated nucleus pulposus markedly deforming the left anterolateral aspect of the thecal sac, impingement upon the left SI nerve rooE, L4-5 circumferential broad based disc bulge with impression on the thecal sac, multiple fractured ribs, other injuries to the head, neck, shoulders, arms, back, legs and other ills and injuries, all to plaintiff's great loss and detriment. 11. As a result of these injuries, all of which are permanent in nature and all of which are to plaintiff's great financial detriment and loss, plaintiff has in the past, is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time into the future. 12. As an additional result of the defendant's carelessness, negligence and/or recklessness, the plaintiff has suffered emotional injuries along with the physical injuries suffered. 13. As a further result of the plaintiff's injuries, plaintiff has in the past, is presently, and may in the future undergo a great loss of earnings and/or earning capacity, all to plaintiff's further loss and detriment. 14. Furthermore, in addition to all of the plaintiff's injuries and losses, plaintiff has incurred or will incur medical, rehabilitative and other related expenses in excess of the basic personal injury protection benefits required by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. ~1701, et. 5 seq,, the present action. WHEREFORE, plaintiff, James Brown, favor and against defendant, Gary M. excess of Fifty Thousand ($50,000.00) attorney's fees, costs and any other necessary. as amended, for which plaintiff makes a claim for payment in James Brown vs. demands judgment in his Zimmerman, in an amount in Dollars, plus all reasonable relief the court deems COUNT II Gary M. Zimmezman - Property Damage 15. Plaintiff, James Brown, the allegations set forth in the preceding paragraphs, as if set forth here at length. 16. As a result of defendant's negligence, carelessness and/or incorporates herein inclusive, recklessness, the plaintiff suffered property damage to plaintiff's vehicle. WHEREFORE, plaintiff, James Brown, demands judgment in his favor and against defendant, Gary M. Zimmerman, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus all reasonable attorney's fees, costs and any other relief the court deems necessary. SPEAR & GREENFIELD, P.C. VERIFICATION I, ~f~[~ ~0 {,[J/k] , plaintiff in this action hereby states that the statements made in the foregoing discovery are true and correct to the best of my knowledge, information and belief. I understand that the statements are made subject to the penalties o.f, 1._8 Pa. C.S. Section 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN CASE NO: 2001-00521 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN JAMES VS ZIMMERMAN GARY M - OUT OF COUNTY Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT Sheriff or Deputy Sheriff who being a diligent search and , to wit: ZIMMERMAN GARY M but was unable to locate Him deputized the sheriff of LEBANON serve in his bailiwick. County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On February 15th , 2001 attached return from LEBANON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. LEBANON CO 56.93 .00 93.93 02/15/2001 SPEAR & GREENFIELD Sworn and subscribed to before me this ~ ~ day A.D. Prothonot~r~ ' this office was in receipt of the Sheriff of Cumberland County COMPLAINT & NOTICE NO. 2001-521 CIVIL JILMES BROWN vs. GARY M. ZIMMERMAN Lebanon, PA, February 12, 2001 (RETURN TO CUMBERLAND CO. SHERIFF) DOCKET PAGE 16070 STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: David A. Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within COMPLAINT & NOTICE upon GARY M. ZIMMERMAN, the within named DEFENDANT, by handing a true and attested copy thereof, personally to him, on February 9, 2001, at 9:20 o'clock A.M., at his place of employment, 27 East Main Street, Palmyra (Borough), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me SO ANSWERS, this 12th day of February, A.D., 2001 ~~ J~ SHERIFF'S COSTS IN ABOVE Advanced costs paid on 2/08/01 Check No. Costs incurred: Refund: Check No. 9398 PROCEEDINGS 31354 Amount 100.00 Amount 56.93 Amount 43.07 Ail Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 ~,, s ne Court of Common Pleas of Cumberland County, Pennsylvania James Browp VS. Gary Zimmerman 2001-521 Civil Now, February 5 ,20_00 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA ~qOW, within upon at by handing to ad made known to m and subscribed before tis __ day of ,20__ Affidavit of Service ,20 ,at o'clock M. served the copy of the original the contents thereof. So allswers, Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Jefferson J.Shipman, Esquire I,D. #: 51785 GOLDBERG, }~ATZNU~N & SHIP~, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. J~MES BROWN, : Plaintiff : : VS. : GARY M. ZIMMERHAlq, : Defendant : IN THE COURT OF COM}~ON PLEAS OF CUI~BERLA~ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-521 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER the appearance the Defendant, Gary M. matter. DATE: 2~ / ~1%[ 59591.1 of the undersigned on behalf of Zimmerman, in the above-captioned GOLDBERG, KATZM~kN & SHIPMAN, P.C. · ~J. ~sq~uire 32g Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant CERTIFICATE OF SERVICE I duly served upon the following counsel of the same in the United States mail, Harrisburg, hereby certify that a copy of the foregoing document has been of record by depositing a copy postage prepaid, at Pennsylvania, on February 28, 2001: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Attorney for Plaintiff 59576.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Harrisburg, PA 17108 Attorneys for Defendant Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZ~AN & SHIPHAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. JAMES BROWN, Plaintiff VS. GARY M. ZIMMERMAN, Defendant IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I~AW NO. 01-521 CIVIL TERM JURY TRIAL DENL~-NDED NOTICE TO THE PLAINTIFF: You are hereby notified to plead to within twenty (20) days from the date of default judgment may be entered against you. DATE: 59591 . 1 the enclosed New Matter service hereof, or a GOLDBERG, KATZMg~N & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, FJ%TZ~N & SHIPPLAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. JAMES BROWN, Plaintiff vs. GARY M. ZIMMERMJtN, Defendant IN THE COURT OF COM~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-521 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, GARY M. ZIM~ERMA~N AND NOW, comes the Defendant, Gary M. Zimmerman, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter in response to Plaintiff's Complaint: 1. Denied. After ~easonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1 and same are, therefore, denied. 2. Ach~itted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted only that there was a collision between the vehicles. The remaining averments of Paragraph 5 are conclusions of law and fact to which no response is required. the averments contained 6. Denied. After reasonable If a response is deemed to be required, therein are specifically denied. investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 6 and the same are, therefore, denied and strict proof demanded at the time of trial. 7. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 7 and the same are, therefore, denied and strict proof demanded at the time of trial. 8. Defendant, reference his COUNT I James Brown v. Gary M. ZIMMERMAN Personal In~urv Gary M. Zimmerman, incorporates herein by answers to Paragraphs 1 through 7 above, as though fully set 9. part, forth herein at length. Denied. The averments contained in Paragraph 9 are, conclusions of law and fact to which no response is 2 in required. contained therein are (a) Denied. If a response is deemed to be required, the averments specifically denied. It is specifically denied that the Defendant operated his vehicle in a negligent, careless and/or reckless manner without regard for the rights or safety of the Plaintiff or others; (b) Denied. It is specifically denied that the Defendant operated his vehicle at a high and excessive rate of speed under the circumstances; (c) Denied. It is specifically denied that the Defendant failed to have said vehicle under proper and adequate control; (d) Denied. It is specifically denied that the Defendant failed to observe the position of Plaintiff and to take such action as was necessary to prevent striking Plaintiff; (e) Denied. It is specifically denied that the Defendant was being inattentive to his duties as the operator of a motor vehicle; (f) Denied. It is specifically denied that the Defendant disregarded traffic lanes, patterns and other devices; 3 (g) Denied. It is specifically denied that the Defendant failed to keep an adequate distance from the vehicles in the vicinity of the Defendant's vehicle; (h) Denied. It is specifically denied that the Defendant failed to remain continually alert while operating said vehicle; (i) Denied. It is specifically denied that the Defendant failed to perceive the highly apparent danger to others which the actions and/or inactions posed; Denied. It is specifically denied that the failed to exercise ordinary care to avoid the {j) Defendant collision; Defendant Denied. It is specifically denied that the failed to be highly vigilant and maintain sufficient control of said vehicle and to bring it to a stop on the shortest possible notice; (1) Denied. It is specifically denied that the Defendant operated his vehicle with disregard for the rights, safety and proximity of Plaintiff, even though Defendant was aware of, or should have been aware of, Plaintiff's presence and the threat of harm posed to Plaintiff; 4 (m) Denied. Defendant allowed vehicle to be operated on a public highway; (n) Denied. It is specifically denied that the Defendant failed to inspect his vehicle or to maintain his vehicle in a safe and non-defective condition; (o) Denied. It is specifically denied that the Defendant drove his vehicle while intoxicated; (p) Denied. It is specifically denied that the Defendant crossed the center line into oncoming traffic; (q) Denied. It is specifically denied that the Defendant failed to operate said vehicle in compliance with the laws and ordinances of the County of Cumberland and the Statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicles; and (r) Denied. The averments of subparagraph (r) have been stricken and deleted from the Complaint by way of Stipulation of Counsel. 10. Denied. The averments contained in Paragraph 10 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, the Defendant, Gary Zimmerman, is without sufficient It is specifically denied that the this dangerous, unsafe and defective motor 5 knowledge or information to form a belief as to the truth of remaining averments of Paragraph 10 relating to Plaintiff's alleged injmries and the same are, therefore, denied and strict proof demanded at the time of trial. By way of further response, it is averred that the Plaintiff did not suffer a serious impairment of bodily function and that claims are, therefore, barred pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~170S. 11. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 12. Denied. The averments contained in Paragraph 12 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. investigation, the answering Defendant is knowledge or information to After reasonable without sufficient form a belief as to the truth of remaining averments of Paragraph 12 denied and strict proof demanded at 13. Denied. After reasonable Defendant is without sufficient and the same are, therefore, the time of trial. investigation the answering knowledge or information to form a belief as ~o the truth of the averments contained in Paragraph 13 and the same are, therefore, denied and strict proof demanded at the time of trial. 14. Denied. The averments contained in Paragraph 14 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant, Gary M. Zimmerman, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II James Brown v. Garv M. Zimmerman ProDertv DamaGe 15. Defendant, Gary Zimmerman, incorporates herein by reference his answers to Paragraphs 1 through 14 above as though fully set forth herein at length. 16. Denied. The averments contained in Paragraph 16 are If conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. 7 WHEREFORE, the Defendant, Gary M. Zimmerman, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply, Defendant interposes the following New Matter defenses: 17. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seq. 18. That Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. ~1705, et seq. 19. That if it should be found that there was any negligence on the part of the Defendant, Gary M. Zimmerman, negligence is expressed denied, any such negligence was not proximate cause of any damages to the Plaintiff. 20. That the accident and any injuries sustained by Plaintiff may have been caused in whole or in part by the which a VERIFICATION Defendant the facts knowledge, subject unsworn Gary M. Zin~erman, in this action; stated therein are true and correct information and belief. hereby acknowledge that I am the that I have read the foregoing and that to the best of my I understand that any false statements herein are made to penalties of 18 Pa. C.S. Section 4904, relating to falsification to authorities. Zimmerman Date: 54579.3 negligence of third persons or entities not presently involved in this action. 21. That his Complaint, the negligence if the Plaintiff suffered the injuries alleged in those injuries were caused in whole or in part by of Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 22. That the accident may have been unavoidable and/or caused by an emergency health condition. WHEREFORE, the Defendant, Gary M. Zimmerman, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 310 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 9 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on March 12, 2001: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Attorney for Plaintiff 59596. I GOLDBERG, KATZMAN & SHIPMAN, P.C. Harrisburg, PA 17108 Attorneys for Defendant SPEAR & GREENFIELD, P.C. BY: MARC F. GREENFIELD, ESQUIRE I.D. NO.: 62081 230 S. Broad Street, Suite 1800 Philadelphia, PA 19102 (215) 985-2424 ATTORNEY FOR PLAINTIFF JAMES BROWN JAMES BROWN vs. GARY M. ZIMMERMAN COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL TRIAL DIVISION NO. 01-521 JURY TRIAL DEF~%NDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDAI~T, GARY M. ZIMM~RF~%N 17-20. Denied. Plaintiff specifically denies any factual allegations, if any, in these paragraphs. Furthermore, Defendant is s~aSing conclusions of law to which no response is mandated pursuant to the Pennsylvania Rules of Civil Procedure. Wherefore, this allegation is denied in iSs entirety and strict proof thereof is demanded at time of trial. Defendant Complaint. W~EREFORE, Plaintiff requests judgment in her favor and against the for the damages and costs of suit as stated in Plaintiff's SPEAR & GREENFIELD, P.C. · GREENFIELD, ESQUIRE VERIFICATION The averments or denials contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true; but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. SPEAR & GREENFIELD, P.C. ~EE~FIELDi ESQUIRE March 28, 2001 Jefferson J.Shipman, Esquire I.D. ~: 51785 GOLDBERG, Fe~TZMJ~N & SHIPFJ%N, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. JAMES BROWN, Plaintiff VS. Gk~Y M. ZIMMERM3~N, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL~tND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-521 CIVIL TERM JURY TRIAL DEMA/gDED F. Greenfield, Esquire, counsel Shipman, Esquire, for Defendant, paragraph 9 of the Complaint. STIPULATION OF COUNSEL It is hereby stipulated and agreed, by and between Marc for Plaintiff, and Jefferson J. that subparagraph (r) of the Complaint is hereby stricken and deleted from GOLDBERG, KATZMAN & SHIPMJLN, P.C, B~ire 320 Market Street P,O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on April 12, 2001: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. 59596.1 320 Market Street Harrisburg, PA 17108 Attorneys for Defendant Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZ~U~N & SHIPP~%N, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. JAMES BROWN, Plaintiff vs. GARY M. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-521 CIVIL TERM JURY TRIA~ DEMANDED MOTION TO COMPEL ~LND NOW, comes the Defendant, Gary M. Zirmmerman, by and through his attorneys, Goldberg, Katzman & Shipman, P.C., and files the following Motion to Compel: 1. This case arises out of an automobile accident which occurred on August 12, 1999, on Bridge Street in New Cumberland, Cumberland County, Pennsylvania. 2. Discovery by way of Interrogatories and a Request for Production of Documents were sent to Plaintiffs through their counsel, Mark F. Greenfield, Esquire, on March 2. 2001. 3. To date, the Plaintiff has not answered the discovery. 4. On April 23, 2001, defense counsel wrote to Plaintiff's counsel requesting answers to the discovery requests. 5. The Plaintiffs have not answered the discovery requests. 6. Pennsylvania Rule of Civil Procedure legitimate 4019 provides that the Court may, on Motion, make an appropriate Order if a party fails to serve answers to discovery. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order compelling answers to the discovery. 63703.1 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant JAMES BROWN, : Plaintiff : : vs. : : GARY M. ZIMMERPLAN, : Defendant : IN THE COURT OF COM~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-521 CIVIL TERM JURY TRIAL DEM3~NDED ORDER AND NOW, this ~ day of ~- , 2001, upon consideration of Defendant's Motion to Compel, it is hereby ordered that Defendant's Motion is GRANTED. Plaintiff is hereby directed to answer discovery and produce documents within twenty (20) days of this Order. Failure to comply with this Order will result in sanctions pursuant to Pa. R.C.P. 4019. 63701.1 BY THE COURT: Jo CERTIFICATE PREEEqUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BROWN TERM, -VS- CASE NO: 01-521 ZIMMERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 Attorney for DEFENDANT DEll-286185 7 3117 --LO1 COIVllVlON-Idt~ALTH OF PENNSYLVANIA COUNTY OF CI31VlBERLAND IN THE MATTER OF: BROWN Z IMMERMAN ~VS- COURT OF C0~940N PLEAS TERM, CASE NO: 01-521 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSEY, ESQ. HCS on behalf of JEFFREY SHIIgfAN, ESQUIKE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days fr~m the date listed belo~ in ~nich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local [{CS office. DATE: 0912712001 CC: JEFFREY SHIPMAN, ESQUIRE - 2274.0-1060 14CS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions resarding this matter, contact THE I4CS GROUP INC. 1601 HARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165955 7 3 1 1 7 -- (il 0 1 LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOIq4ENT EHPLOI94ENT EHPLOYMENT LOCATION NAME AMERICAN STATE PREFERRED DE. GARY LEIDY DR. RALPH A.W. LEHMAN JAMES HILLEIt, DO HARRISBURG HOSPITAL T~ISTAN ASSOCIATES WEST SHORE I~4EltGENCYHEDICAL PENN ST. GEISINGER DAKARREAL ESTATE W.S. HILLER & SON, INC HERIT HOLMES, INC DE02-165955 73117 COMMONAAZEALTH OF PE~SYT..VANIA COUNTY OF CUMBERLA_ND BROWN : VS : ZIMMERMAN : File No. 01-521 SUBPOENA TO PRODUCE DOCU'M~-N-I'S OR THINGS FOR DISCOVERY PURSUA. N'T TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: AMERICAN STATE PREFERRED iNa,me of '~,'i:hin rwe..':D..' i~t~) days after service of this subpofna, you ate ordered ~ the court to produce the following documents or chings: SEE ATTACHED at NCS GROUP INC., 1601 MARKET ST., ~/800, PHILA.,PA 19103 You may dei~'e~ or mail legible copi~ of the documen, or produce tl'~i~z r~q~ae~ted by t~s sub~n~ together with the certificate ~ compliance, tO the p~ m~ng this r~uest 4t the adM advice, the ~uoflable cost of prep~nS the copifl or producing the t~fl~ It' you f~] to .---.oduce the documents oF thinx required by this subp<~, witP. in rwen~ (20) days after its sen'ice, the pat~/ serving t~.is subpoena may s~k a cm~q' order compellin$ you to comply w~th P. THIS SL'~POENA WAS ISSUED AT TI'IE REQUEST OF TI"IE FOLLOWING PERSON: NAM~' JEFFERSON J. SHIPMAN. ES0. ADDRF.~5:320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TEL£PHON-:: 215-246-0900 SUPRILM£ COURT ID #: ATTO R.'~ ~'Y ~O1~: DEFENDANT Seal of the Court BY ~ COURT: h vii I~lvilion (-:ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AMERICAN STATE PREFERRED SAFECO INSURANCE P.O. BOX 100027 DULUTH, GA 30096 RE: 73117 JAMES E. BROWN ANY AND ALL RECORDS, REPORTS, POLICIES, CLAIMS POLICY NO:06370071606 CLAIM NO: 56A992251231 Any and all claims files. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 Date of Loss: 08/12/1999 SU10-330480 73117--L01 CERTIFICATE PREREQUISITE TO SERVICE 0F A SUBPOENA PURSUANT TO /~ULE 4009.22 IN THE MATTER OF: BROWN Z I~fl~RMAN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-286186 73 11 7--L02 COlvIIvION~hrlZALTH OF PENNSYLVANIA COUNTY OF CtrIVlBERLAND IN THE MATTER OF: BROWN Z IMMERMAN -VS- COURT OF CO~ON PLEAS TERM, CASE NO: 01-521 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PUR~UA~rT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSEY, ESQ. HCS on behalf of JEFFREY SHIPtL~N, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belme in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~nty day notice period is waived or if no objection is made, then the subpoena may be served. Coe~lete copies of any reproduced records may be ordered at your expense by co~)leting the attached counsel card and returning e--~ to HCS or by contacting our local MCS office. DAI~: 09/2712001 CC: JEPPKEY SHIPI4AN, ESQUIRE - 22740-1060 HCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact xtusHCS GROUP INC. 1601MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165955 73117 --CO1 LOCATION LIST <<< PAGE: ltECORDS KEQUESTED INSURANCE MEDICAL l~DICAL MEDICAL HEDICAL MEDICAL MEDICAL M~DICAL EHPLOYMENT ~4PLOYMENT EMPLOYmeNT LOCATION NAME AMERICAN STATE PREFERKED D~. C,A~Y LEIDY DE. P~.LPH A.W. LE1D4AN JAMES HIY.{-~, DO HARKISBURG HOSPITAL TRISTAN ASSOCIATES WEST SHORE E~GENCY MEDICAL PENN ST. GEISINGE~ DA~J~REAL ESTATE ~.S. H~LLP~. & SON, XNC HERIT HOLLIES, INC DE02-1659S5 7 3].17--C01 COMMON'WEALTH OF PE~SY'LVANIA COUNTY OF CUMBERL'..ND BROWN : VS : ZIMMERMAN : File No. 01-521 SUI~POENA TO PRODUCE DO~'TS OR 'r'I-IINGS FOR DISCOVERY PURSUA.N'T TO RULE 400922 TO: CUSTODIAN OF RECOKDS FOR: DR. GARY LEIDY Withi~ rwe..--?..' t20) daye ,t~er service o( this subpoena, you ue ordered by. the ,;o,~,~ ee prwd~oe [he/el]owing documents SEE ATTACHED NCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may deLb.'et or mail legible copie~ of the documenes or pi'educe thi~ te~=e~ted ~ t~l sub~n~ together with the cem~cate ~ compli~ce, to the p~ m~nS thil r~ue~t at the ed~ adv~e, t~e ~uonable ~o~t of prep~n8 the copi~ or produ~ng the ~ you f,ti] to r?oduce the documents or thin~l requited by this subl~er.a, within twenty. (20) clays aJtet its sen'ice, the parry. servin$ th.is SUbl~ena may seek a cma~ order compelling you to Comply with it.. THIS SL"BPO~-NA WAS ISSUED AT THE REQUEST OF TI-I'E FOLLOWING PERSON: NAMF: JEFFERSON J. SBTPMAN. ESO. ADDR~$: 320 MARKET ST., PO BX 1268 HARRISBURG, FA 17108 TELEPHON=. 215-246-0900 SUPREME COb'liT ID ~. ATTOIL'~' FOR= OEFR~m*NT Se~ofthe Com~ (:,f. ?/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. GARY LEIDY LEIDY CHIROPRATIC, P.C SUMMERDALE PLAZA ENOLA, PA 17025 RE: 73117 JAMES E. BROWN INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, X-RAY REPORTS, PHYSICAL REPORTS, E.R. REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security ~ 202-42-6301 Date of Birth: 08-24-1951 SU10-330482 73117--L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BROWN Z I~ERMAN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-286361 73117--L03 COIvil~4ON~rEALTH OF PENNSYLVANIA COUNTY OF C%rl~4BERLAND IN THE MATTER OF: BROWN Z I~4ERMAN -VS- COURT OF COP~40N PLEAS TERM, CASE NO: 01-521 NOTICE OF INTENT ~O SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSEY, ESQ. MCS on behalf of JEFFREY SHII~M~, ESQUIF~ intends to serve a subpoena identical to the one that is attached to this notice. You have t~nty (20) days from the date listed belme in ~ich to file of record and serve upon the undersigned an objection to the subpoena. If the t~nty day notice period is waived or if no objection is ~ade, then the subpoena ~ay be served. Complete copies of any reproduced records ~ay be ordered at your expense by completing the attached counsel card and returning ss--, to MCS or by contactin8 our local MC$ office. DATE: 09/27/2001 CC: J~FFF~Y SHIPI4A~, ~SQUII~ - 22740-1060 MCS on behalf of JE~u~Y SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions reserdin$ this ~atter, contact I~USMCS GROUP INC. 1601 MARI~T STREET ;800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165955 7 3117 --CO 1 LOCATION LIST <<< PAGE: RECORDS REq~STED INSURANCE MEDICAL MEDICAL H~DICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT ~/PLOYI4ENT ~PLOYHENT LOCATION NAME AMERICAN STATE PREFERRED DE. GARY LEID¥ DR. RALPH A.W. LEHMAN JAMES MIT.T.~[, DO HARRISBURG HOSPITAL TRISTAN ASSO~IATKS ~ST SHORE ~fEHGENCY MEDICAL PENN ST. GEISINGEit DAKAR REAL ESTATE %/.S. 'prrl.Ll~lt & SON, INC MERIT HOLMES, DE02-165955 7 3117 --C01 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.-LND BROWN VS ZIMMERMAN File No. 01-521 SUBPOENA TO PRODUCE DO~-f'$ OR THINGS FOR DISCOVERY PURSUA.N-r TO RULE 4009 v.22 TO: CUSTODIAN OF RECOP. DS FOR: DR. RALPH LE~L4Iq I.~ame of P~ ~3. ATTACI~ED &t NCS GROUP INC., 1601 MARKET ST., /~800, PHILA.,PA 19103 advice, th~ ~onJble cost of prep~nS the copifl or produ~n~ the ~ ~ se~'i~g th/~ s'~efla may seek · c~att ordm' ~ompfllin$ you to comply with THIS SL'~PO~NA WAS I$$UEO AT TH~ R£QUF~T OF TH~ FOLLOWING PERSON: NAM~. JEFFKRSON J. SHTPMAN, ADDR~.~$: 320 MARKET ST., PO BX 1268 ItARRISBURG, PA 17108 TELEPHON~ 215-246-0900 SUPRLMt CO~ lO ~ A~O ~N ~' ~ DEFE~ANT BY ~ COURT: Seal o~ the Com't (-_.f. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. RALPH A.W. LEHMAN 500 UNIV. DR./#C3830 MAIL CODE Hll0 HERSHEY, PA 17033 RE: 73117 JAMES E. BROWN INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, X-RAY REPORTS, PHYSICAL REPORTS, E.R. REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330484 73117--L03 CERTIFICATE PP~E~EQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BROWN Z IMMERMAN -VSo COURT OF C0~940N PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEl1-286362 7 311 7 --LO 4 COlVllVlONI,;-EALTH OF PENNSYLVANIA COUNTY OF C~BERLAND IN THE MATTER OF: BROWN Z II~{ERMAN -VS- COURT OF C0bgi0N PLEAS TERM, CASE NO: 01-521 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUNENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSEY, ESQ. MCS on behalf of JEFFREY SHIPMAII, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belo~ in vhich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is ~ade, then the subpoena may be served. Co, replete copies of any reproduced records may be ordered at your expense by c~leting the attached counsel card and returnin$ sa~e to MCS or by contacting our local MCS office. DATE: 0912712001 CC: JEFFREY SHIFMAN, ESQUIRE - 22740-1060 PlCS on behalf of JE~.EY SHIPMAN, ESQUIRE Attorney for DEFENDAI~r Any questions resardin8 this matter, contact THE NCS CROUP I~C. 1601MARKET S'I~T t8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165955 73117--C0 1 LOCATION LIST <<< P&GE: I P.~COI~DS I~EqUESTED INSUP. ANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MKDICAL E~4PLOYMENT EMPLOYMENT EMPLOYMENT LOCATION NAM~ AHEI~ICAN STATE PREFEP~.ED DR. GARY LEIDY DR. KALPH A.W. L~ J~S ~T.T.~, ~ ~ISB~G HOSPIT~ ~IST~S~S ~ST SHO~ ~G~CY~I~ P~ ST. GEISING~ D~ R~L ESTA~ W.S.'~ ~ SON, INC ~IT HO~S, INC DE02-16S9S5 7 3117--C01 COMMONWEALTH OF PE~$Y'LVANIA COUNTY OF CUMBERL.~.ND BROWN VS : F{le No. 01-521 SUBPOENA TO PRODUCE DO--'rs OR THINGS FOR DISCOVERY PURSUA.N'I' TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JAMES MILLER, D,O. (Name o( Pe~on ~ grids. ) Within rwe..--'~. · 2D) days aJ'ter service of this subpoena, you ~o ordere~ ~ the ~ to produce the following documents or ~hin~: SEE ATTACHED 4t NCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may dei~'fr or mail lo,bEe copiiN of tho documents or produce thh~ ~a~ted by t~s s~b~n~ togethe~ with the cemficate ~ compliance, to the p~ m~n~ ~is r~uest at the Id~ ~ a~e. YOU ~ve t~e ri~hi to see~ iff advice, the ~uoflable cost of prep~flS the copi~ ~ produ~fl~ the ~ ~ fa.il to ..--.oduce the document! or thins~ required by this subpoorm, v~ twen~ (2Q) days ~fter its sen'ice, ~he pa"ry sec'inS :~.~ s~,F, oeml may SiNK a cmart order compollin~ you to comply with P. THIS SL'gPOENA WAS ISSUED AT THE R£QU~ST OF THE FOLLOWING PERSON: NAMe. JEFFERSON J. SHIPMAN. ESO. ADDRESS: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 T£L£PHON-'- 215-246-0900 SUPRE,M~ COU'~I' ID ~ BY ~ COURT: -- SeaJ of the Court (:ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAMES MILLER, DO 1711 NORTH FRONT STREET HARRISBURG, PA 17102 RE: 73117 JAMES E. BROWN INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, PHYSICAL REPORTS, X-RAY REPORTS, E.R. REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330486 73117--L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BROWN Z IMMERMAN -VS- COURT OF COP~ON PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-286189 73117--L05 COlVII~OI~V~rEALTH OF PENNSYLVANIA COUNTY OF Cr31V[BERLAND IN THE MATTER OF: BROWN Z II~4ERMAN -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 01-521 NO~ICE OF INTENT TO SERVE A SUBPOENA ~O PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAI~ ~O RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSEY, ESQ. HCS on behalf of JEFFREY SHIPHAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days fr~n the date listed belme in ~nich to file of record and serve upon the undersigned an objection to the subpoena. If the tl~nty day notice period is waived or if no objection is ~ade, then the subpoena may be served. C~m~lete copies of any reproduced records my be ordered at your expense by c~leting the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 09/2712001 CC: J~FPREY SHIPMAN, ESQUIRE - 22740-1060 HCS on behalf of J~FFKEY SHIPtt*~, ESQUIRE Attorney for DEFENDANT Any questions regarding this ~atter, contact T~:-MCS GROUP INC. 1601 NARKET STREET t8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165955 7 3117 --CO1 >>> LOCATION LIST ((( P&GE: 1 RECORDS REQUESTED INSURANCE HEI)ICAL ~EDICAL HEDICAL HEDICAL MEDICAL HEDIC.~L MEDICAL ~4PLOYMENT EMPLOYMENT ~4PLOYMENT LOCATION NAME AMERICAN STATE PREFERRED DR. C4d~Y LEIDY DR. RALPH &.W. LEI~4AN J~S MI'~m~, DO HARRISBURG HOSPITAL TRISTAN ASSOCIATES WEST SHOI~ EMERGENCY HEDTCAL PENN ST. GEISINGEK DAKAR R~AL ESTATE ~.S. 'HILL~R & SON, INC HERIT HOI~iES, INC DE02-165955 731'1 7 --CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BROWN VS ZIMMERMAN F{Ie No. 01-521 SUBPOENA TO PRODUCE DO~-I'$ OR TI-ILNGS FOR DISCOVERY PURSUA. N'T TO RULE 4009P22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 'A'ilhin rwe..:~..- (~n) clays ,~ter sen'ice ot this subpoe~g yma ate orclored by. tl~ c~ar~ to product the following clocuments or things: SFE ATTACHED NCS GROUP INC., 1601 MARKET ST., ~800, PHILA.,PA 19103 advice, the ~uonable cost of prep~nS the copifl w prying the ~ se~'ing ti'~ subpoena may seek a couz~ ordor competlin$ yov to comply TI-IlS SL'~POEWA WAS ISSUED AT THE RE(I~T~gT OI: ~ FOLLOWING PERSON: NAM~' JEFFERSON J. SHIPMAN. ESO. ADORES5: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TELEPHON-%- 215-246-0900 5UPRLM£ COLrI~ ID ~. A'f'TO ~\'~f FOI~ DEFENDANT Seal o~ the CouJ't (-'_ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 73117 JAMES E. BROWN INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, X-RAY REPORTS, PHYSICAL REPORTS, E.R. REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330488 73117--L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BROWN Z Ib~ERMAN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-286190 73117--L07 COlVlI~'IOI~II, fEALTH OF PENNSYLVANIA COUNTY OF C~BERLAND IN THE MATTER OF: BROWN Z II~ERMAN -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 01-521 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSEY, ESQ. MCS on behalf of JEFFREY SHII~ii], ESQUIR~ intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Cmaplete copies of any reproduced records may be ordered at your expense by cmnpletin$ the attached counsel card and returninE same to HCS or by contactin$ our local MCS office. DATE: 0912712001 CC: JEFFREY SHIPMAN, ESQUIRE - 227&0-1060 MCS on behalf of J~F~e~Y SHIP~I~N, ESQUIRE Attorney for DEFENDANY Any questions regardin$ this matter, contact T~E~CS GROUP INC. 1601 MARKET STR~T /8oo (215) 2~6-0900 DE02-165955 73117--C01 LOCATION LIST RECORDS RE(~UESTED INSURANCE MEDICAL MEDICAL HEDIC~L MEDICAL MEDICAL HEDICAL MEDICAL ~14PLOYMENT EMPLOYMENT ~4PLOYMENT LOCATION NAME AMERICAN STATE PREFERRED DR. GARY LEIDY DR. RALPH A.V. LEI~4AN JAM~S M~T.T.I~.., DO HARRISBURG HOSPITAL TI~ISTANASSOCIA~ES WEST SHO~E ~4E~GENCYHEDICAL PENN ST. GEISINGER DAKARREAL ESTATE W.S.'I4~LL~R & SON, INC HERIT HOLMES, INC DE02-165955 ~ 3117 --CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA.'~D B ROWN : VS : ZIMMERMAN : File No. 01-521 SUBPOENA TO PRODUCE DO~-I'$ OR THINGS FOR DISCOVERY PURSUA.N-r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCIATES Wi:Mn nee..-~. - 20) days a/~er service of this subpoena, you .u'e ordered ~ the court to product the following dorumems or Ihinss: SEE ATTACHED at NCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Adctr~s~) You may de~'er or mail feeble copie~ of the documents or produce th~,~ ~.~ed ~ t~s s.b~n~ toStther with the ce~i~ca~e ~ compli~ce, to the p~ m~n~ this r~u~t at the ad~ ~ a~e. You ~ve ~he right to se~ in advice, the ~uonable cost of prep~n~ the copi~ or producin~ the ~ ~L If you fa~l to ?oduce the documents or things required by this subp(Nl'Ul, within rwefi~ (20) ,aays a~ter its service, the pa,-'ry serving t~is subpoena may seek &cov, n order compellin~ you to comply with i~ THIS SL'~PO~WA WAS ISSULrD AT THE REQUEST OF ~ r-OLLOWING PER$ON: NAM~' JEFFERSON J. SHIPMAN. ESO. AiDDRr~$: 320 MARKET ST,, PO BX 1268 HARRISBURG, PA 17108 TEL£PIqO.N~: 215-246-0900 SUPREME COb'~'r ID ~. A'['r 0 R.N E¥ FOI~ OE~ANT COURT: Seal of the Court ('-ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCIATES 4518 UNION DEPOSIT RD. HARRISBURG, PA 17111 RE: 73117 JAMES E. BROWN INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, X-RAY REPORTS, PHYSICAL REPORTS, E.R. REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330490 73117--L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BROWN Z IMMERMAN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-286191 73117--L08 COb'lb'ION-~,~rEALTH OF PENNSYLVANIA COUNTY OF CI31~BERLAND IN THE MATTER OF: BROWN Z IMMERMAN -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 01-521 NOTICE OF INTgNT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSEY, ESQ. HCS on behalf of JEFFREY SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fr~m the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by cosq~letinS the attached counsel card and returninE s.m~ to HCS or by contactinE our local HCS office. DATE: 0912712001 CC: JEFFREY SHIPMAN, ESQUIRE - 22740-1060 MCS on behalf of JE~'FI~,~Y' SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions reEardinE this matter, contact x~u~HC$ GROUP INC. 1601 HARK~T STREET teoo PnZLAZ)E~PNZA, P~ 191O3 (215) 246-0900 DE02-165955 73117 --CO1 LOCATION LIST <<< PAGE: RECORDS REQUESTED INsOEANCE HEDICAL NEDICAL HEDICAL HEDICAL HEDICAL HEDICAL HEDICAL ~4PLOYMENT ~4PLO~NT EHPLOYI4ENT LOCATION NAME AMERICAN STATE PREFERRED DR. GARY LEIDY DR. RALPH A.~. LEI~IAN JA~S MI~.~-~t, DO HARRISBURG HOSPITAL TRISTAN ASSOCIATES I~EST SHORE ~IERGENCY MEDICAL PENN ST. GEISINGER DAKAR REAL ESTATE ~.S. 'MILI.~R & SON, INC MERIT HOLMES, INC DE02-165955 73117--C01 COMMONWEALT~ OF PE~$YLVANIA COUNTY OF CUMBERL4.N~ BROWN : VS : ZI~ERMAN . FHe No. 01-521 SUBPOENA TO PRODUCE DOCU'M~b,"rS OR T~INGS FOR DISCOVERY PURSUA..~,"I' TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: WEST SHORE EMS W~thin rwe..-~..- C?n) days ~ s~'ice of t~s s~bp~ you ~e ord~ ~ ~ ~u~ to ~u~ the fo/Iowin~ ~ocuments or ~hings: ' SEE A~ACHED ' NCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may de~'ff or mail les~ble copie~ of the documents or produce th,tn~ zlqae~ed by t~s sub~n~ together w~th the cemflca~e ~ rompli~cL ~o the p~ ~nS ~his r~u~t at ~he id~ ~ a~f. You ~ve the fight to se~ in advice, the ~uonabie cost of prep~nS the copifl ~ producin~ the ~ ~ i( you (Lei tO ..--.OduCe the documents or thins1 required by this subp4Nna, within rwen~ (23) days after its service, the pa-fy sen'inS t~ s~poeni may seek i coua't order compelling you to comply w~th ~. THIS SL'BPOEJ~A WAS ISSUED AT THE REQLrEST OF T'rI'E DOLLOWING PERSON: NAM~' JEFFERSON J. SHIPMAN, ESO, ADDR~S: 320 MARKET ST., PO BX 1268 EARRISBURG, PA 17108 T£L£PHO.WE: 215-246-0900 SUPRF-ME COUI~T ID ~ A~TO ~.N~Y ~-O~: DEFENDANT Seal of the Com't BY TK~ COURT: / E,'f. ?/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST SHORE EMERGENCY MEDICAL 503 NORTH 21ST ST. CAMP HILL, PA 17011 RE: 73117 JAMES E. BROWN INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, PHYSICAL REPORTS, X-RAY REPORTS, E.R. REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330492 73117--LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BROWN Z I~fl~ERMAN -VS- COURT OF COb940N PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and thinEs pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-286192 73117--L09 COI~II~ON-~r~ALTH OF PENNSYLVANIA COUNTY OF C%]I~4BERLAND IN THE MATTER OF: BROWN Z I~4ERMAN -VS- COURT OF CO~9~0N PLEAS TERM, CASE NO: 01-521 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSE¥, ESQ. MCS on behalf of JEFFREY SHII~AII, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have tventy (20) days fro~ the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Ct~plete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: o912712001 CC: JESUItrY SHIPMAN, ESQUIRE - 22740-1060 HCS on behalf of J~KEY SHIPMAN, ESQUIRE Attorney for DEPENDANT Any questions regarding this matter, contact xm~HCS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165955 73117 --CO 1 LOCATION LIST <<< PAGE: EECOEDS REQUESTED INSURANCE HEDICAL HEDICAL HEDICAL HEDICAL HEDICAL HE~IC~L HEDICAL ~4PLOYHENT EHPLOYHENT E~fPLOYHENT LOCATION NAHE AMERICAN STATE PREFERRED DR. GARY LEIDY DR. RALPH A.W. LEHMAN JAHES PlILT.~R, DO HARRISBURG HOSPITAL TRISTAN ASSOCIATES WEST SHORE EMERGENCY MEDICAL PENN ST. GEISINGEK DAKARREAL ESTATE ~.S. HILL~ & SON, INC HERIT EOLHES, INC DE02-165955 7 3117 --CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA.ND BROWN : VS : ZIMMERMAN : File No. 01-521 SUBPOENA TO PRODUCE Do---rs OR THINGS FOR DISCOVERY PURSUA.N'r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENN STATE GEISINGER Wi:bin rwe,."~..- ¢20) days after service of this subpoena, you ~e order~cl I~. the court to ~roduce the followln$ docomems or :hinge: SEE ATTACHED at NCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may deB'er or mail Ie~ble copies of the document~ or ~roduce th~u~ reqqaested by t~s sub~n~ to~ether with the ce~ificate ~ ~ompli~cL to the p~ m~nS this r~u~t at the adm advice, the ~onable ~o~ of ~rep~nS the copi~ or produ~nS the ~ t£ you f~l m ~oduce the documents or thirt~ required by this sub~4~m'~i, ~ t'wen~ (~O) c~ays after its service, the parry, serving ~h.~ subpoena may s~'~k a color order compelling you to comply with ~. TI-IlS SL'gPO~A WAS ISSUED AT THE REQUEST OF THE r-OLLOWING PERSON: NAM~' JEFFERSON J. SHIPMAN, ESO. ADDRI~: 320 MARKET ST., PO BX 1268 I-IARRISBURG, PA 17108 TELEPHON--- 215-246-0900 SUPRLME COIa'KT ID ~ A'I~O R.%'~"f FO~ DEFF. NDANT BY TI-rE COURT: Seal of the Cavort (--ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN ST. GEISINGER 500 UNIVERSITY DRIVE P.O. BOX 850 HERSHEY, PA 17033 RE: 73117 JAMES E. BROWN INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, X-RAY REPORTS, PHYSICAL REPORTS, E.R. REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330494 73117--L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BROWN Z I~MERMAN -VS- COURT OF C0~40N PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEl1-~86193 73 117--Lll COIVlI~IO~ALTH OF PENNSYLVANIA COUNTY OF CI-IlVlBERLAND IN THE MATTER OF: BROWN Z II~IERMAN -VS- COURT OF C0~gt0N PLEAS TERM, CASE NO: 01-521 NOTICE OF IN~ENT TO SERVE A SUBPOENA ~0 PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT ~0 RULE 4009.21 [ Note: see enclosed list of locations ] TO: PA~L C. MASSEY, ESQ. MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t-~enty (20) days from the date listed belo~ in vhich to file of record end serve upon the undersiglled an objection to the subpoena. If the t~enty day notice period is waived or if no objection is --de, then the subpoena may be served. C~lete copies of any reproduced records my be ordered at your expense by completing the attached counsel card and returning same to ~S or by contacting our local MGS office. DATE: 0912712001 CC: JEFFREY SHII~fAN, ESQUIRE - 22740-1060 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this ~atter, contact *r~lg 14CS GROUP INC. 1601 P. ARIO~T STREET ~800 PHIL&DELPHIA, PA 19103 (215) 246°0900 DE02-165955 73117--CO1 LOCATION LIST <<< PAGE: 1 KECOEDS REQUESTED INSURANCE HEDICAL HEDICAL MEDICAL MEDICAL HEDICAL MEDICAL MEDICAL EHPLOYHENT ~4PLOYHENT EHPLO~HENT LOCATION NAHE AMERICAN STATE PREFEHKED DR. GA~YLEIDY DK. ~ALPH A.W. LE~4AN JAMES ~, ~ ~ISB~G HOSPIT~ TRIST~ ~S~TES ~ST SHO~ ~G~CY P~ ST. GEISING~ D~ ESTA~ W.S.'~.L~ & SON, INC ~IT BO~S, INC DE02-16S955 73117 --CO1 COMMONWEALTH OF PE~$YLVANIA COUNTY OF CUMBERLA.ND BROWN VS : ZIMMERMAN : FHe No. 01-521 SUBPOENA TO PRODUCE DOCUME.~'N'rs OR THINGS FOR DISCOVERY PURSUA.N'r TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: DAKAR REAL ESTATE I.Wam, of P~'~on o~ ~d~.l days a~'ter sen'ice of this subpoen,I, you a~ ordered ~ th~ ~ to prodaL*e the followln~ documents or SEE ATTACHED NCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may. deLh'er or ma/I leS/He copies of the documenU or produce t~ ~u~ted by. t~s sub~fl~ together w,h ~he ce~ificate ~ compli~ce, to the p~ m~flS ~his r~uflt at the ad~ ~ a~e. You ~ve t~e right to sff~ iff ~dv~ce. the ~uoflable c~ of prep~flS the copiff or producifls the ~np ~ you fail to ..-'rod~ce the documents or thin~ required by this subpqMem, w.itA/m twohY. (2/3) days a~er its ser~'~ce the sez~'ifl$ t,~i~ subpoena may sffk a court order compelling you to comply with i~. THIS SL'I~PO~,/A WAS ISSUED AT'rilE REQ~ SI~ THE FOLLOWING PERSON: NAM~- JEFFERSON J. SHIPMAN. ES0. ADDRE~S: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TELEPHO.~ '-' 215-246-0900 SUPREME COUI[T ID ~ A'rTo R.N~f FO[~ nE FEN~DAIqT DAT~ BY THE COURT: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAKAR REAL ESTATE 4707 NORTH GALEN RD. HARRISBURG, PA 17110 RE: 73117 JAMES E. BROWN Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330~96 7 311 7 --Lll CERTIFICATE PItE~EqUI$ITE TO SERVICE OF A SU~POENA PURSUANT TO I~ULE ~009.22 IN THE MATTER OF: BROWN Z I~9~ERMAN -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 01-521 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 eCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of'intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/17/2001 eCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-286194 73 117--L12 COlVllVlON~wgALTH OF PENNSYLVANIA COUNTY OF CUlVlBERLAND IN THE MATTER OF: BROWN Z I~MERMAN -VS- COURT OF C0~0N PLEAS TERM, CASE NO: 01-521 NO~ICE OF Iltl.~i~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAI~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. HASSEY, ESQ. HCS on behalf of JEF~eJ~Y SHIPHAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frc~ the date listed belme in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the tventy day notice period is waived or if no objection is made, then the subpoena may be served. Cumplete copies of any reproduced records may be ordered at your expense by cmapleting the attached counsel card and returnin$ s.m~ to NCS or by contacting our local MCS office. DATE: 0912712001 CC: J~tEY SBIPHAN, ESqUIRE - 22740-1060 HCS an behalf of JE~sEY SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THEN CS GROUP INC. 1601HARK ET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165955 73117--C01 LOCATION LIST <<~ PAGE: 1 RECORDS RE(~UESTED INSURANCE MEDICAL 14KDICAL MEDICAL MEDICAL HEDICAL MEDICAL HEDICAL EMPLOYMENT ~PLOYHENT I~4PLOYI4ENT L OCATIONNAME AHERICAN STATE PREFERRED DR. GARY LEIDY DR. RALPH A.W. LE~4AN JAHESMILLKR, DO HARRISBURG HOSPITAL TRISTAHAS$OCIATKS ~EST SHORE ]~4ERGENCY MEDICAL PENN ST. GEISINGER DAKAIKREAL ESTATE W.S. HILLER G SON, INC HERIT HOLMES, INC DE02-165955 73117 --C01 COMMONWEALTH OF PENN$'Y'LVANIA COUNTY OF CUMB£RLA.~D BROWN : VS : ZIMMERMAN : 01-521 SUBPOENA TO PRODUCE DOCUM~-FS OR THINGS FOR DISCOVERY PURSUA.N~I' TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: W.S. MILLER & SONS, INC. Within rye..-? {20) days after service of this subp~z~a, you ue ordered ~ the c~un to produce the following documents or thinss: SEE ATTACHEI~ NCS GROUP INC. , 1601 MARKET ST., #800, PHILA.,PA 19103 (Add~'~,) You may de~,'e~ or mail le~ble copies of the documents or produce thJJM~ reqaested by t~s sub~nL together with the ce.ificate ~ complines, to the p~ m~nS this r~u.t at the ad~ ~ a~e. You ~ve the right to see~ in advice, the ~uonable Cost of prep~flS the copifl or producin~ the ~ ~t. If you f,til to ?oduce the document~ or thinp required by this subpeena, witt"'.tn twenty. ('vi} day~ ~'tet its sec'ice, the p.my servin$ t~'ds su~poefla may seek a court order compeJlins you to comply w~h h. T~IIS SL'BPOENA WAS ISSUED AT T'rIE REQUEST OF ~ r--OLLOWING PERSON: NAME: JEFFERSON J. SHISLL~. ADDRESS: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 T£L£PHON'-' 215-246-0900 SUPREME COUltT ID ~ ATTOIL~L~' FOR: BY ~ COURT: Sea~ of the Court (Eft. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: W.S. MILLER & SON, INC 3001 PIKE STREET HARRISBURG, PA 17111 RE: 73117 JAMES E. BROWN Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330498 73117--L12 CERTIFICATE P~E~EqU'ISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF C0}940N PLEAS BROWN TERM, -VS- CASE NO: 01-521 Z I~4ERMAN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/17/2001 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-286195 73117--L13 COI~vlOST%~]~ALTH OF PENNSYLVANIA COUNTY OF CT31V~BERLAND IN THE MATTER OF: BROWN ZI~RMAN -VS- COURT OF G0~9~0N PLEAS TERM, CASE NO: 01-521 NOTICE OF II~'I'BNT TO SERVE A SUBPOENA TO PRODUCE DOCUI~NTS AND ~dINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: PAUL C. MASSEY, ESQ. HCS on behalf o[ JBF~REY SNIPHAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belme in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by cc~pletin$ the attached counsel card and returnin$ same to HCS or by contacting our local HCS office. DATE: 0912712001 CC: JEeFR~Y SHIP~AN, ESQUIRE - 227~0-1060 HCS on behalf of J~F~EY SaIl~ttN, ESQUIRE Attorney for DEFENDANT Any questions resarding this matter, contact · r~,,c HCS GROUP INC. 1601 MARl[ET S1'9~T t800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165955 73117--001 LOCATION LIST <<< PAGE: 1 I~ZCORDS REQUESTED INSURANCE 14KDICAL NgDICAL 14EDICAL NEDICAL M~DICAL NKDICAL ~IPLOYH~NT ~I4PLOYHKNT gl4PLOYHKNT LOCATION A/~ICAN STATE pREFERRED DR. ~Y LEIDY DI~. P~%LPH A.W. ~ J~S M~.t'.~r~[, DO ~ISB~G HOSPIT~ ~IST~ ~S~S ~ST SBO~ ~G~CY ~I~ P~ ST. GEISING~ D~ ~ ESTA~ W.S. '~V.L~ ~ SON, INC ~IT HO~S, INC DE02-165955 7 3117 --CO1 COMMON'W'EALTH OF PE~SYLVANIA COUNTY OF CUMBERL..LNI~ BROWN : VS : ZIMMERMA~ : l~Io No. 01-521 SUBPOENA TO PRODUCE DOCUM~'TS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MERIT HOMES, INC. {Name of P~on or ~n~t~) Wbhin ~we..-~..' ¢20) days a~'t~t sen'ice of this subp~,na, you a/e ord~'~d ~ t~ ~ to ~'od~ro the fallowing documents os' SEE ATTACHED NCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (AdcU'~s~ You may dei~'e~ or mail legible copie~ of tho dooamentg or produce el~in~l reqtae~ted by this subpoena, together with the certi~cate a..' compliance, to the pa'qT, maJc.ing this request at the eddrmm IL~eq$ above. You have the right to seek. in advance, the ~asonable cocat of preparln$ the copie~ ot produL'ing tho tttt~ gOUgi~L If yOU fa,il to r.?oduce the documents of thinp required by ti'tis subpoena, ~ twen~ (20) c.~ays after its sec'ice, the patty, sec.'ins th~ subpoena may mk· COttrt order compelling you to comply with it. THIS SL'~PO~-NA WAS ISSUL~D AT TI-IE REQUEST OF ~ ~-OLLOW1NG PERSON: NAM~ JEFFERSON J. SBTPMAN. E$O. ADDR~.~S: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 T£L£PHON~ 215-246-0900 SUPR~COUliTI~ ~ BY TH'E COURT: Seal oi~ the Co~u't (r_ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MERIT HOLMES, INC WOODED POND DRIVE HARRISBURG, PA 17110 RE: 73117 JAMES E. BROWN Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject :JAMES E. BROWN 4055 RAWLEIGI-I DRIVE, HARRISBURG, PA 17109 Social Security #: 202-42-6301 Date of Birth: 08-24-1951 SU10-330500 7 311 7 --L13 CERTIFICATE PREREQUISITE TO SEKVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF C0~9{ON PLEAS BROWN TERM, -VS- CASE NO: 01-521 Z I~ERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/15/Z002 MC15 o;%,b~half of/] f~. ' ,-~ DEll-304640 73117--L14 CO~OSV~rE~J~TH OF PENNSYLVANIA COUNTY OF C%]I~BERLAND IN THE MATTER OF: BROWN Z IMMERMAN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-521 NO~ICE OF INTgNT ~0 SERVE A SUBPOENA ~0 PRODUCE DOCUMENTS AND · HINGS FOR DISCOVERY PURSUANT ~0 RULE 4009.21 RESIDENTIAL TEC~0LOGY SYSTEM EHPLOYHENT TO: PAUL C. MASSEY, ESQ. HCS on behalf of JE~gKSON J. SEIPHAN, ESQUIRE intends to serve a subpoena ide~ical to the one that is attached to this notice. You have t~enty (20) days fr~ the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 12/Z6/2001 CC: JE~zxSON J. SEIPHAN, ESQUIRE - 22740-1060 ECS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact x~u~MCS GROUP INC. 1601MARKET STRKET ~800 PBILADELPEIA, PA 19103 (215) 246-0900 DE02-174022 73117--(::01 COMMONWEALTH OF PE~$Y'LVANIA COUNTY OF CUMBERL.~.ND BROWN VS ZIMMERMAN File No. 01-521 SUBPOENA TO PRODUCE Do~-rs OR TI-IINGS FOR DISCOVERY PURSUA.NT TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: RESIDENTIAL TECHNOLOGY SYSTEMS Within rwe..-..'~...- C2~} days a~er se~,'ice of this subpo~l, you vt ord~KI ~ the c'o~rt to ~roduce the following dOcuments or t h_in ~: SEE ATTACHED MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103 You may dei.h'~' or mail le~ble copifl of the doc'ament~ or p~duce t~ ~a~ ~y t~ sub~ together with the advice, the .uo~ble co~ of prep~n~ the copi~ or producin5 ~he ~ ~ you f~l m ?.oduce the documents or th. ings required I~y t~s sub~c~erm, wit~.,in na, en~ (2~) c~ays a~er its sec'ice, the ;~arty servin$ t~s s~b~ena may s~k a cma'~ ordff compelling you to comply with P.. THIS SL'~PO~WA WAS I$$UL~D AT 'I-ME REQUL~ OF ~ r--OLLOWING PERSON: NAM~ JEFFERSON J. SHIP~, ESQ. A~OR~$: 320 ~ET ST.. PO BX 1268 ~ISBURG, PA 17108 T~PMON~ 215-246-0900 SUPR~ CO~ ID ~ A~O ~N~ ~ DEFE~T (Eft. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RESIDENTIAL TECHNOLOGY SYSTEM 5300 DERRY STREET HARRISBURG, PA 17111 RE: 73117 JAMES E. BROWN INCLUDING WORKER'S COMPENSATION FILE Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary repOrt'~ and all medical records as an employee. Dates Requested: up to and including the present. Subject: JAMES E. BROWN 4055 RAWLEIGH DRIVE, HARRISBURG, PA 17109 Social Security ~ 202-42-6301 Date of Birth: 08-24-1951 SU10-346250 7 3117--L14 PRAEClPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (XX) 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) JAMES BROWN, VS. GARY M. ZIIltER~A~, VS. (Plaintiff) (Defendant) (check one) ( ) Assumpsit (x) Trespass ( ) Trespass (Motor Vehicle) ( ) (other) The trial list will be called on 1 and Trials commence on November 4. 2002 Pretrials will be held on Ocl:oher 16, 2002 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 01-521 Civil 19 __ Indicatethe attorney who willt~ caseforthe pa~y who filesthis praecipe: Jefferson J, Shipman, Esquire, Attorney for Defendant Indicate trialcounselforotherpartiesifknown: t4~arc ~. Greenfield, Esquire, Spear & Greenfield, P.C., Suite 1800, 210 South Broad Street Philadelphia, PA 19102 This case is ready for trial. Date: ~ - / /~d ~ Sig ne .(~'. _/('~ Print Name: Jefferson J. Ship. an, Esquire Attorney for: Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that duly served upon the following counsel of the same in the United States mail, Harrisburg, Pennsylvania, on ~//// a copy of the foregoing document has been of record by depositing a copy postage prepaid, at , 2002: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. 59596.1 Esquire ~20 Market Street Harrisburg, PA 17108 Attorneys for Defendant JAMES BROWN, : Plaintiff : V. : GARY M. ZIMMERMAN, : Defendant : #21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-0521 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 16th day of October, 2002, before Edgar B. Bayley, Judge, Paul C. Massey, Esquire, appeared for plaintiff's trial counsel, Marc F. Greenfield, Esquire, Jeffrey J. Shipman, Esquire, appeared for defendant. This case is not at issue. Therefore, it is It may be relisted by either party when it is at continued. issue. Marc F. Greenfield, Esquire For Plaintiff Jefferson J. Shipman, Esquire For Defendant and By the Co_u~rt Edgar B. Bayley~ J. prs PRAEClPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) Assumpsit JANES BROWN, {X ) Trespass ( ) Trespass (Motor Vehicle) ( ) (Plaintiff) (other) VS. GAR.¥ M. ZII'~I~,~AN, The trial list will be called on and June lO, 2003 Trials commence on July 7, 2003 VS, (Defendant) Pretrials will be held on June 18, 2003 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 01-521 Civil 19 .... Indicatethe attorney who willtry caseforthe party whofilesthis praecipe: Jefferson J. Ship~n, Esquire, Attorney for Defendant Indicate trialcounselforotherpartiesifknown: Marc Y. Greenfield, Esquire, Spear & Greenfield, P.C., Suite 1800, 230 South Broad Street, Philadelphia, PA 19102 This case is ready for trial. Print Narde: Jefferson J. Shipaan Date: 14ay 12. 2003 Attorney for: Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at /__ Harrisburg, Pennsylvania, on C~//~/ , 2003: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. 59596.1 ~20f%~'rS~entJ~tSrehietPman, Esquire Harrisburg, PA 17108 Attorneys for Defendant #18 JAMES BROWN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : CIVIL ACTION - LAW : GARY M. ZIMMERMAN, : Defendant : NO. 01-0521 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 18th day of June, 2003, before Edgar B. Bayley, Judge, Scott Rosentrader, Esquire, appeared for Plaintiff's trial counsel, Marc F. Greenfield, Esquire, and John Ninosky, Esquire, appeared for Defendant's trial counsel, Jefferson J. Shipman, Esquire. This is an automobile accident in which negligence is admitted. Plaintiff seeks general damages. Defendant maintains that plaintiff does not meet the limited tort threshold. Estimated time of trial, one and a half days. ~By/th~C'°~u~-rt' Edgar B. Bayle ,~'~J. Marc F. Greenfield, For Plaintiff Jefferson J. Shipman, For Defendant Esquire Esquire prs Jefferson J.$hipman, Esquire I.D. #: 51785 GOLDBERG, ~ATZb~ & SHIPP5~, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. J/tMES BROWN, : Plaintiff : : VS. : : GARY M. ZIM~ERMA2~, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-521 CIVIL TERM JURY TRIAL DEPLANDED MOTION TO CONTINUE AND NOW, comes the Defendant, through his counsel, Goldberg, Katzman & Shipman, P.C., at the request of Plaintiff's counsel, Marc Greenfield, Esquire, Continue. 1. Plaintiff's Bayley on June 24, the basis that he client's and files the following Motion to counsel wrote to The Honorable Edgar B. 2003 requesting a continuance of the case on could not obtain a video-tape deposition of his treating physician, Dr. Leidy. and has no objection to a continuance term. 3. 4. The Defendant has communicated with Plaintiff's counsel from the July 7, 2003 trial Consequently, the parties request a continuance. Counsel concur in this request. 97763.1 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Jeyf6~s'on J. SM'lpman, Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on , 2003: Marc F. Greenfield, Esquire Paul C. Massey, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 GOLDBERG, KATZMAN & SHIPMAN, P.C. 97763.1 J~f~§on J. ~hipman, A~torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Esquire AM~mCAt~ STAI~S ~m:~'~:~RED INSURANCE COMPANY INDIANAPOLIS, INDIANA PERSONAL AUTOMOBILE POLICY RENEWAL DECLARATIONS NAMED INSUREP AND ADDRESS DEBRA KAY BROWN 4055 RAWLEIGH ST HARRISBURG, PA 17109 POLICY PERtDD FROM 03-09-99 TO 09-09-99 12:01AM STANDARD TIME AT YOUR MAIUNG ADDRESS SHOW~ A~OVE POLICY CONTINUOUS UNTIL CANCELLED, POLiCYNUMBEIZ 06-37-007160-6 RENEWAL OF 06-37-007160-5 AG~wr INSUR~CE WORLD, · INC NAME 6000 A L/NGLESTOWN ROAD AND ADDRESS LINGLESTOWN, PA 17112 37-40248 (001) (717) 652-4661 THE TOTAL PREMIUM DUE FOR THE POLICY TERM IS $475.80. YOU WILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT #621-2249-196-0t. YOU NEED NOT PAY ANY PREMIUM AT THIS TIME. WE WILL SEND A BILLING STATEMENT IN A SEPARATE MAILING. t VEHICLE TOTAL I ENDORSEMENT TDT/~LI SDIP S~c~ ON C~(s): 1-10~ ~Y PERSON W~O ~OWINGLY ~ WITB INT~T T0 DE~ CO~Y OR DIOR P~SON F~LSS ~ ~PLICATION FOR INS~ OR 0F C~IH CONTAINING ~Y ~T~R~LY F~SE INFO~TION OR CONCHS FOR T~ P~POS[ 0F MISL~ING, INF0~TION CON~NING ~Y FACT ~TER~AL T~EETO CO.ITS A F~T ~S~dg ACT, ~I~ IS A S~JECTS SUCK P~SON T0 CRIMIN~ ~D CIVIL PEN~ITIES Y0~ POLICY P[OVIDES COLLISION C0~E~GE ON NON-OWeD A~0S INCL~ING R~T~ C~S S~JEC~ TO TH5 DEDUCTIBLE ~I ~PLIES TO YO~ PE[SON~ AUTO S~CT TO FO~S ~ ~RS~T NO(S): A~-[BP%(079~) TORT T~OR~0N ~0TTC~ AU-1PA(1295) PERSON~ AUTO FOLIC~ "AD-2PA(0598) 6-17A0(0788) LOSS PAY~LE C~USE AU-95PA(l193) S~GE DISCLOS~E NOTICR AU-57(089~) VEHICLE LO~ L~E COVERAGE LOSS PAYEE 1 LOSS PAYE~ ~ RELICT FZN~CE CO.INC CO~RSTONE CREDIT P0 BOX 1006 3725 W~T START ~C~[CSE~G, PA 17055 ~ISB~G, PA 17109 INCL~ED IN T~ TOT~ PR~I~ ~GE IS A S~GE OR ~DITION~ ~0~T C~GED AS A RESULT 0F ~ ACCID~T. '-' ~ PR~I~ C~ BECAUSE 0F THIS IS ..... 5-5{1083) EASTERN P/L PE (99495) CB COMPANY COPY PREPARED 01-20-99 n.~tc-~o-pm NT~OI-lS~a4X~"R DECLARATIONS EXTENSION INSURED DEBRA KAY BROWN DESCRIPTION OF OWNED AUTOE; Off TRAILERS ~,Afi STATE T~f:~ YEAR MAKE, ~DEL, 1 2 3'7 AMERICAN STATES PREFERRED INSURANCE COMPANY INDIANAPOLIS, INDIANA _ PERSONAL AUTOMOBILE POLII~Y VEHICLE ID NO. 196 94 FORD ~LLT 2WD 1FTCR10U2MTA28723 196 94 PONTIAC GR. 1G2NE53MORCS01~17 POLICY NUMBER ADENT NUMRER ~-FilVERU£N SYM/COST i 1 19 1 2 12 PAGE 2 06-37-007160-6 37-40248 DRIVER INFORMATION CLASS DRIVER 81RTflOATE MAR SEX 13-10% 1 I2-i3-52 S F 10 2 08-24-51 P }4 dOV~RE A PREMIUM AND A LIMIT Of' LIA,B;IJTY IS 8HORN FOR THE ~V~AG~ $100,000 P~R PER~ON/$~O0~O00 ~ ACCID~T PROP~TY $50,000 PER ACCID~T ~IN$~ED MOTORIST (NON-STACk) $15,000 PER PERSON/$30,O00 PER ACCIDENT ~DERINSU~D MOTORIST. (NON-STAC~D) $15~O00 PER PERSON/$30,O00 P~ ACCIDENT ACTU~ CASH V~UE CO~RE~NSIVE $100 DEDUCTIBLE ACTUAL C~B V~UE COLLISION $250 DEDUCTIBLE LO~/LEASE CO~REHENSlVE LO~/LEASE COLLISION PREMIUM CAR i CA~ 2 ~20.90 $15.20 83,40 $60.60 $32,30 $13.50 $4,70 $4.70 $4,80 $4.80 $33.20 $15.30 $109.10 $54.80 ~3.40 5,10 VEHICLE PREMIUM 5-5 (1083) £ASTEI~N P/L PE (Sg4gS) CB CDMPANY COPy $296.90 PREPARED 01-20-~9 $178.90 81/25/1994 82:88 7176524765 I NS~OK~D~DE~ AMERIC' ~TATES PREFERRED INSURANCE COMPANyr* INDIANA ~S INDIANA PERSON,,. AUTOMOBILE POLICY NAME0 DEBRA KAY BROWN INSUR~O ~055 RAWLRIGH ST A"~ HARRISBURG, PA 17109 MAIUNO ADDRESS .Ouc¥ P~RIOD FROM 09--09-98 TO 03-09-99 12:0'~ AM STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. POLICY CONTINUOUS UNTIL CANCELLED. PAGE AMENDED DECLARATIONS EFFECTIVE: 11-11-98 POLICYNUMBER 06-37-007160-5 06-37-007160-4 AGENT NAME ADDRESS INSURANCE WORLD, INC 6000 A LtNGLESTOWN ROAD LINGLESTOWN, PA 17112 CHANGE IN YOUR POLICY RESULTS IN AN ADDITIONAL PREMIUM OF HILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT #621-2249-196-01. 37-40248 (001) (717) 652-4661 $7.17. VEHICLE$453.TOTAL~o I ENDORSEMENT TOTAL POLICY TDTAL 6453.50 [ULTI-CAR DISCOUNT BAS REDUCED YOUR PREMIUM J~Y PERSON W~O KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSUI~ANCE :OHPANY OR OTHER PERSON FILES AN APPLICATION l~Oll INSURANCE OR STATEMENT ~F CLAIM CONTAINING ANY ~ATEEIALLY FALSE INFORMATION OR CONCEALS 'OR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL 'HERETO CO~ITS A FRADULENT INSURANCE ACT~ W~tICR IS A CRIME AND · UBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALITIES 'OUR POLIC? PROVIDES COLLISION COVERAGE ON NON-OWNED AUTOS INCLUDING ENTAL CARS SUBJECT TO THE DEDI~CTIBLE TF~AT APPLIES TO YOUR PERSONAL AUTO UBJECT TO FORMS AND ENDORSEMENT NO(S): H-1PA(1295) PERSONAL AUTO POLICY -1740(0788) LOSS PAYABLE CLAUSE AU-19PA(0790) TORT INFORMATION NOTICE AU-1PA(0598) AMENDMENT OF POLICY PROVISIONS AU-57(0894) VEHICLE LOAN LEASE COVERAGE OSS PAYEE 1 ELIANT FINANCE CO.INC O BOX 1006 ECHANICSBURG, P~ 17055 LOSS PAYEE 2 RELIANCE FINANCE CORF 6 STATE ROAD SUITE 116 MECHANICSBURG, PA 17055 * (~2747) 5(1083~ EASTERN P/L P~ (42334) CG AGENT COPY 81/25/1994 82:88 7i76524765 INSWORLI)AWARDENG AMERICA~ 'XTES PREFERRED INSURANCE COMPANY INDIANAP( INDIANA PERSONAL. ~TOMOBILE POLICY _ P~GE 82 DECLARATIONS EXTENSION I N~REO DEBRA KAY BROWN DESCRIPTIONO~RWNEDAU~SORTRAILERS ~R $~TE TEflR ~A~ M^KE, MOOEL,~DY V~JC~JDNO. 1 37 196 94 FORD XLT 2WD 1FTCR10U2MTA28723 2 37 196 94 PONTIAC GR. 1G2NE53MORC801417 POLICY NUMBER 06-37-007160-5 AOENT NUMBER 37-40248 DRIVER INFORMATION DRIVER UEN SYM/COST CLASS DRIVER 81RTHDATE 1 3, 19 13 1 12-3.3-52 1 2 12 l0 2 08-24-51 ~RAGEISPROVIOED WHEREAPREMIUMANDAUMJTOFUASIU~I$SHOWNFORTH[ ~VER~E. ~VERAGESANOLIMIT$OF£1AGILITY: LIMITED TORT MINIMUM FIRST PARTY BENEFITS BODILY IN3DRY $100,000 PER PERSON/S300,000 PER ACCIDENT PROPERT-¥ DAMAGE $50,000 PER ACCIDENT UNINSURED MOTORIST (NON-STACKED) $15,000 PER PERSON/S30,000 PER ACCIDENT UNDERINSLT~ED MOTORIST (NON-STACKED) $15,000 PER PERSON/S30,000 PER ACCIDENT ACTUAL CASH VALUE COMPREHENSIVE $100 DEDUCTIBLE ACTUAL CASH VALUE COLLISION $250 DEDUCTIBLE LOAN/LEASE COMPREHENSIVE LOAN/LEASE COLLISION PREMIUM CAR 1 CAR 2 $19.00 $1-5.20 875.80 $60.60 $29.40 $23.50 $4.70 $4.70 $4.80 $4.80 $33.20 $15.30 $99.20 $54.80 $3.40 $5.1o IEHICLE PREP~IUM i (1083) EASTERN (42334) CB A~ENT COPY $274.60 S178.90 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BROWN, GARY M. ZIMMERMAN, Plaintiff : Defendant : CIVIL ACTION LAW No. 01-521 Civil Term Jury Trial Demanded Video Deposition of PERRY A. EAGLE, M.D. DATE: Thursday, June 19, 2003 TIME: 11:29 a.m. PLACE: 191 Leader Heights Road York, Pennsylvania TAKEN BY: Defendant APEX REPORTING SERVICE By: Sharon L. Dougherty P. O. Box 6265 Harrisburg, PA 17112-0265 717-545-3553 ORIGINAL 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 APPEARANCES: For the Plaintiff: MARC F. GREENFIELD, ESQUIRE SPEAR & GREENFIELD 230 South Broad Street, Suite Philadelphia, PA 19102 1800 For the Defendant: JEFFERSON J. SHIPMAN, ESQUIRE GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 Witness PERRY A. EAGLE, Examination by: Mr. Shipman Mr. Greenfield Examination by: Mr. Shipman Mr. Greenfield M.D. INDEX Direct Cross (On Qualifications) Direct Cross Redirect Recross 19 - - 57 - - - - 42 - - 61 Marked Testimony Page 57 Exhibits (None) APEX Reporting Service 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 PROCEEDINGS THE VIDEOGRAP}{ER: My name Ashway. I represent Video Images, Red Lion, Pennsylvania. Today's date is June of day is 11:29 a.m. is Craig 155 Wynshire Lane, 19th, 2003. The time This deposition was videotaped at 191 Leader Heights Road, York, Pennsylvania. The caption of the case is Brown v. Zimmerman. The name of the witness is Perry A. Eagle, M.D. This deposition is being videotaped on behalf of Defendant. Will Counsel introduce themselves? MR. SHIPMAN: Jeff Shipman for Mr. Zimmerman. MR. GREENFIELD: This is Marc Greenfield on behalf of the Plaintiff in the case. THE VIDEOGRAPHER: Will the court reporter identify herself and swear in the witness. THE COURT REPORTER: My name is Sharon Dougherty. having been sworn, follows: PERRY A. EAGLE, M.D., was examined and testified as APEX Reporting Service DIRECT EXAMINATION (On Qualifications) BY MR. 1 2 3 SHIPMAN: 4 Q Good morning, 5 A Good morning. Dr. Eagle. 6 Q Would you please state your name for the 7 record? 8 A Perry A. Eagle, M.D. 9 Q Dr. Eagle, what is your office address? 10 A 191 Leader Heights Road, York, 11 Pennsylvania. 12 Q Would you please tell the ladies and 13 gentlemen of the jury what your medical specialty is? 14 A I am an orthopedic surgeon. 15 Q And what is your education and training 16 background to become an orthopedic surgeon? 17 A I attended undergraduate school at the 18 University of Maryland, and then attended University of 19 Maryland School of Medicine graduating with an M.D. 20 degree. 21 I then had one year of internship at the 22 York Hospital, followed by one year of general surgery 23 residency, also at the York Hospital. 24 I then had one year in fellowship of 25 surgery of the hand at the Grace Hospital in Detroit, APEX Reporting Service 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 Michigan. I then had my orthopedic residency training program at the Allegheny General Hospital Pittsburgh, Q practice in York, A Q completing that program in 1972. For what period of time have you been in in your specialty of Pennsylvania? Since 1972. Dr. Eagle, what orthopedic surgery here is involved in the field of orthopedics? A Orthopedics is a specialty which deals with the diagnosis and treatment, and by treatment I mean with and without surgery, of problems with bones, joints, their related structures, and problems with the spine. Q A Are you board certified in your specialty? Yes, I am. Can you explain for us what is involved in Q becoming board certified in a certain area of medicine? A Each specialty has a board which oversees the educational requirements of those physicians who wish to practice that particular specialty. With regard to orthopedics, that organization is the American Board of Orthopedic Surgery. In order to receive the accreditation of the APEX Reporting Service 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 board, the physician must complete a residency training program in orthopedic surgery that has previously been reviewed and approved by the board. Then the physician must be in the private practice of orthopedic surgery for a specified period of time. Then the physician takes both oral and written examinations given by the board. And upon successful completion of all of these parameters, then the physician is said to be board certified. Q In the course of your practice, Doctor, do you regularly see and treat individuals who have been involved in automobile accidents? A Yes. Q In addition you also had some you explain that? A Yes. teaching to your practice here, have responsibilities, and can revolve about institutions including orthopedic residents, who are learning the specialty of orthopedic and I have direct teaching responsibilities to residents. Q at the Penn A My teaching responsibilities mainly the interns and residents in our residents surgery, those Have you had any teaching responsibilities State Medical Center? Yes. In conjunction with the APEX Reporting Service 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 aforementioned teaching of residents, I have an appointment -- or I had an appointment as an Assistant Clinical Professor of orthopedic surgery from the Pennsylvania State College of Medicine at Hershey for a period of approximately three or four years. Q Doctor, are you a member of any professional societies or associations? a Yes, I am. Q Can you identify some of those for us, please? A Orthopedic I am a member of the American Academy of Surgeons, the Pennsylvania Orthopedic Society, the Eastern Orthopedic Association, the York County Medical Society, the Pennsylvania Medical Society, the American Medical Association, et cetera. Q Lastly, Doctor, in the course of your practice, have you received any honors and awards? A Yes. Q Can you identify those for us, please? A I have received continuing honors and awards as far as my education is concerned, meeting the criteria for continuing licensure and for continued board certification. Q Have you also received a Physician Recognition Award by the American Medical Association APEX Reporting Service 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 for a A number of years? Yes, I have. MR. offers Dr. Eagle orthopedic surgery. SHIPMAN: At this time the Defendant as an expert witness in the field of CROSS EXAMINATION (On Qualifications) BY MR. GREENFIELD: Q represent practice, responsibilities. With respect to the do you actually perform surgery? A Yes. Q Do you perform spine surgery? A Very rarely these days for several reasons. Q A Doctor, my name is Marc Greenfield and I the Plaintiff in this case, Mr. Brown. You identified two aspects of your the treatment of patients and some teaching treatment of patients, What are they? Most of my spine surgery in the past has been directed toward the treatment with surgery of problems or conditions known as ruptured discs in the cervical and in the lumbar regions. In the past five or so years, the APEX Reporting Service 9 pendulum has swung to the nonoperative of those problems. In other words, where I 1 treatment 2 treatment 3 would have recommended surgery in the past, the 4 accepted treatment now is nonsurgical. 5 We have found out through ongoing 6 that as the years pass by, patients who have had 7 ruptured discs treated surgically do not do as well as 8 those who have not had surgical procedures. 9 Q So there has been a shift in 10 to be more conservative? 11 A In that area of spinal surgery, correct. 12 Q All right. 13 A Or shall we say nonoperative because 14 conservative has other meanings medically. 15 Q You would agree with me then that in some 16 circumstances surgery is necessary, especially if the 17 disc is causing paralysis or some other kind of 18 immediate nerve damage? 19 A No. Interestingly enough, the studies 20 have taken those instances into consideration, and I 21 would have thought the same thing that you just 22 proposed, but the studies have shown that even the 23 patients with muscle weakness due to pressure on the 24 nerve that controls that muscle can be treated 25 successfully studies your practice in a nonoperative way, and that is a hard APEX Reporting Service 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 pill for some of us older surgeons to swallow, but the data is there. Q Maybe you didn't understand my question or maybe I didn't understand it one way or another, but what I was referring to is you have somebody that is involved in a trauma and they are completely paralyzed due to a disc being crushed in the particular trauma, that basically terminates or presses upon the nerve and ceases all function to their arms and their legs. Would you agree with me that that type of situation is one where generally you have emergency surgery to release that nerve before it actually becomes nonrecoverable? A No, that scenario that you described is not medically -- not medically feasible unless you are talking about a spinal cord problem due to a retropulsed disc, and not a nerve, particular nerve problem. Q All right. Let's talk about a spinal problem or something like that, you know, that Christopher Reeve's type of thing or something of that nature. A Right. He did not have a rupture disc. He had what we call a subluxation where the bones are actually out of place causing pressure on the spine. APEX Reporting Service 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 explaining. Yes -- perhaps I did not do a good job of traumatic reasonable option. Q Do you do that? A Not anymore. Q with respect to your the way I understood it, you were an or professor of orthopedic surgery? A Correct. Yes, there are certain indications where a injury occurred and surgery is the only teaching practice, assistant clinical Q That means that you basically accept individuals into your practice to observe you and for you to educate them in your rounds and so forth, that basically means that we have rotate through our hospital and, I am going to limit this to orthopedic correct? A No, residents that specifically, residents, young orthopedic surgeons, and it is my -- in conjunction with my teaching of those residents in for and in the the hospital -- they do not come to my office the clinics in the hospital, the free clinics in hospital that I have received that appointment. Q But you don't actually teach a class like, example, anatomy or something like that through APEX Reporting Service 12 1 medical school, do you? 2 A That is correct. 3 Q There is another part of your practice, am 4 I correct, where you actually do examinations of 5 individuals at the request of attorneys such as what 6 happened here? 7 A I do examinations as part of my practice 8 for anyone who requests such examinations, including 9 attorneys. 10 Q Can you give me an idea of how many of 11 these examinations at the request of attorneys or other 12 people, the one-time examination kind of thing? I 13 don't know if you have a particular name for it, but 14 can you give me an idea of how many times you do that 15 in a given week or given month? 16 A I believe you are referring to an 17 Independent Medical Evaluation whereby an attorney may 18 request that I see a patient one time for evaluation as 19 opposed to patients who I see who are referred for 20 treatment by attorneys. 21 I perform Independent Medical Evaluations, 22 some of which are requested by attorneys and some of 23 which are not requested by attorneys. 24 I do approximately five of those per week 25 for all referral sources, including attorneys. APEX Reporting Service 13 1 Q 2 others that 3 A The 4 me by attorneys, are 5 part are involved in 6 minority, 7 Q 8 charge for 9 you called 10 A 11 parts, et 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Do most of those come from attorneys or are involved in the defense of claims? ones that are specifically referred sent by attorneys who for the the defense of claims. Some, are sent by plaintiff's attorneys. Is there a particular charge that you these Independent Medical Examinations as them? Yes, it varies on the number of body cetera, and I would be more than happy to tell you what I charged for this evaluation. Q Sure, if that would be -- would that be a a charge for such an exam? I can get these papers unstuck, good example of A If I can answer your question better that way. This examination was performed in 2002, a little over a year ago. Fees have gone up a to most the March of little bit since then, but for example, this patient had lumbar spine x-rays performed in my office for a charge of $220. There was a miscellaneous charge of $60, and I'm not quite sure what that is. That might be for reading of outside films, and the review of the medical records, the taking of the history, the interview of the patient by me, the performance of the APEX Reporting Service 14 1 physical examination, the interpretation of my x-rays, 2 and the dictation of this report was $650, and 3 according to my record, that totals $930. 4 Q You also find yourself testifying, as you 5 are doing presently, as part of this third part of your 6 practice of -- I guess IME's would be litigation 7 oriented oftentimes, correct? 8 A Sometimes they are. Sometimes they are 9 not litigation oriented. They are not adversarial, one 10 side against another. They are evaluations performed 11 to determine if the patient has a permanent impairment 12 or to outline the need for future treatment or future 13 treatment suggestions, or to see if an injured patient 14 is capable of performing certain job activities. 15 Q Are you referring to Workers' 16 Compensation? 17 A That, certainly. 18 Q That would definitely be adversarial, the 19 Workers' Compensation system. Would you not agree? 20 A No, in that I see patients who are injured 21 workers who do not have attorneys. 22 Q But even if they don't have attorneys, the 23 other side, meaning the Workers' Compensation carrier, 24 is certainly seeking to have them either end their 25 compensation or to limit their compensation to some APEX Reporting Service 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 degree, would you not agree? A I assume that occurs in some instances, but that is not to what I refer. I was referring to, for example, the employer wanting to know if this injured person could do his or her regular job while they were recovering. Q What do you charge for depositions like you are doing right now? A The charge for this is approximately $2,000 per hour. Q How many of these do you do in a given week? this A In a month's time, may be two times. Q You've filled your quota today, a video deposition like am I correct? A No, I did not perform prior to this. I had what we call related to a nonmotor vehicle accident Q How many times do you do for the month a video deposition an oral deposition injury. oral depositions in a given month? A Since approximately four that is an average. Q -- in this year 2003, I performed depositions per month. I would say Is there a charge for that that is APEX Reporting Service 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 different A Q A hour. Q than the $2,000 Yes. What is that It's less. an hour? charge? It's approximately $1600 Am I correct that when you do an per evaluation such as you did with Mr. Brown in this particular case, that there is no attorney -- excuse -- doctor-patient relationship; is that correct? A No, that is not correct. Q There is a doctor-patient relationship? the individual I tell them A Yes, there is. Q Do you advise A To say that here for an evaluation -- Q No, that you of that? that they are me doctor-patient relationship have with them? A Do I announce that, hi, we doctor-patient relationship? Q Yes. A No, I do not use those words. Q Do you prescribe treatment these Independent Medical Examinations? A Not to the patient. advise them that there is a in the meeting that you now have a as a result of APEX Reporting Service 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 Q your findings in any way result of these IME's? A Q Do you advise the patient anything about whatsoever directly as a Usually not. Do you direct the patient in any particular way to do for medications or anything of that nature? A No, I do not usually treat a patient. something or to give prescriptions have treatment recommendations, they go in are not conveyed directly to the patient If a report because of I but the way the system is set up, Q They go to the person that examination which, as you indicated, is requested the most often an attorney on the other side on the other side correct? A It may be to -- it is to of of Workers' litigation or Compensation, an employer et cetera, the person who referred the patient. It may be to a rehabilitation concern. It may be to a governmental agency. It may be to the Social Security or the Department of Disability Determination. There are many who refer patients for Independent Medical Evaluations. Q You would agree with me that the Independent Medical Examination is a different approach as part IME or completely of your practice than your APEX Reporting Service 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 own patients who you medication correct? A for, discuss see, evaluate, prescribe your findings with; am I No, you are not correct. You are not they had, currently. the treatment correct because when I see a patient for an Independent Medical Evaluation, I introduce myself and I take a detailed history. I ask the patient to tell me in his or her own words what happened, the symptoms they had, the doctors they saw, the tests they had, and how are they Those are the ask any patient who comes into comes in to me for treatment. Then I perform a physical the patient referencing same questions that I would my office, a patient who the above -- the When a patient comes to me for treatment Independent Medical Evaluation, I perform examination of the involved areas. I take or review x-rays of the examination of injured area. and not for an the physical involved areas for a patient who is referred for an independent evaluation, as well as the patient who comes to me for treatment. patients, Medical I make diagnoses for whether they come to me Evaluation or for both sets of for an Independent treatment, and in that way APEX Reporting Service 19 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 they are me. They are all treated differently -- the same, excuse not treated differently. Now, it changes at that point in time because when a patient is sent to me for an Independent Medical Evaluation I do not, as you asked previously, do not treat the patient. I do not say, this is what you need, you need this medicine, you need this surgery, you need to do this tata. I do not discuss the situation with the patient because that is the way the system that I did not create tells me things should be done. I do make or opinions concerning those treatment recommendations the aforementioned in a report. That differs from when I treat a patient. I will say, here are the treatment options. This is where we ought to go from here. You can do this, that, or the other thing. similar. is all I BY MR. So the examinations are very, very MR. have. THE MR. SHIPMAN: GREENFIELD: Thank you, Doctor. That WITNESS: Thank you. SHIPMAN: Thank you, DIRECT EXAMINATION Dr. Eagle. APEX Reporting Service 20 1 Q At my request did you perform what you 2 just described, an Independent Medical Evaluation of 3 the Plaintiff in this case, Mr. Brown? 4 A Yes, I did. 5 Q On what date did you see Mr. Brown and 6 perform your evaluation of him? 7 A March 28th of 2002. 8 Q My next question would normally be, what 9 is involved in an Independent Medical Evaluation but 10 you just covered that for us. So I will not ask you 11 go over that again. 12 In this particular case, do I understand 13 that one of the very first things you do as you just 14 15 16 17 18 19 20 21 22 23 24 25 explained is obtain a history of the patient? A That is correct. I ask the patient questions in a goal-directed fashion to obtain his answers as to what happened. Q In this case, can you relate to the jury what Mr. Brown told you in his history, please? A Certainly. He reported that his history dated back to August -- excuse me -- August 12th of 1999. At that time he was the restrained driver of a vehicle which was struck slowing down at the time was jostled upon impact. to head on. His vehicle was of the impact. He reported he APEX Reporting Service 21 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 He was taken 2 ambulance for evaluation of 3 quote, everywhere, 4 released from the 5 The day following the also developed left He was who referred the patient to Hershey an MRI. to the Harrisburg Hospital by multiple aches and pains, his word. He was treated and hospital at that time. patient developed lower back pain the accident while he was at work. He leg pain. evaluated by his family physician Medical Center for His symptoms were, again, of left leg and lower back pain. When asked to explain the distribution of his pain, in other words, where was the pain, front of the leg? the thigh? the calf? the foot? the back of the thigh? He stated he was distribution of his left intermittent. his left foot. He reported that he went about two months after the accident back pain and left leg pain. He received treatment two times each week. His treatment unable to explain the leg pain. He reported his left leg pain was He also reported that he had numbness in to a chiropractor because of lower for about one month, included APEX Reporting Service 22 1 stimulations, roller therapy, and manipulations. 2 He reported this gave him intermittent relief. 3 After one month of treatment he was seen 4 intermittently by the chiropractor on the average of 5 three times per month. He was last evaluated by the chiropractor about two months ago. I saw him in March, the end of March of 2002. So that would have been like January of 2002. 6 7 8 9 He reported that he had not been evaluated 10 by any other health care practitioner since seeing his 11 chiropractor. 12 Since the accident, the patient's symptoms 13 have remained unchanged. He states he has lower back 14 pain most days. His lower back pain is intermittent. 15 Bending, lifting, coughing, and sneezing increase his 16 lower back pain. 17 He states he takes aspirin and Tylenol for 18 his pain and this gives him some relief. 19 He reported that he did not have any prior 20 low back problems or injuries. 21 The patient stated that he continues to 22 have numbness on the bottom of his left foot. He 23 denies having left leg pain at this time. 24 He stated that the last time he had left 25 leg symptoms was several weeks ago. He denied previous APEX Reporting Service 23 1 left leg problems or injuries prior to his accident. 2 He also reported at the time of the 3 accident he was employed as a framer. He quit this job 4 after one month. He then began working as a trim 5 carpenter who worked this job for four weeks before 6 quitting due to his reported leg symptoms. 7 ~e reported he then found a job installing 8 wiring for security and sound systems, and is currently 9 working that job. 10 The patient's past medical history is 11 significant in that he has diabetes diagnosed 12 approximately 18 months ago, and he is currently under 13 treatment for that condition. 14 He stated that on the date he presented 15 for examination, his lower back was sore and he had 16 some numbness in his left foot. 17 Q Doctor, after taking that history from 18 Mr. Brown, did you then perform a physical examination 19 of the Plaintiff? 20 A Yes, I did. 21 Q Would you explain for us what you did 22 during your examination, and what the significance was 23 either of any positive or negative findings as the case 24 may be, please? 25 A At the outset, I asked the patient to tell APEX Reporting Service 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 me if any portions of the examination that I did or he did caused any pain or discomfort, and he acknowledged those instructions. distress. history. while He did not appear to be in any acute He preferred to stand while relating his That was his choice. Most patients sit down talking about their symptoms. His gait or his walk was normal. He was able to walk upon his heels tiptoes. These are Obviously, it is normal be able to walk on one's one's heels. and able to walk upon his gross assessments of function. not to limp. It is normal to tippy toes and to walk on He pointed to the lower lumbar region as the site of his discomfort, that is the small of his back, his lower back area. There was no tenderness to light or medium palpation. That is, I actually pushed upon areas of the low back lightly and then with firmer pressure. There was no tenderness over the spinous processes of the lumbar vertebrae. Those are the bones that you can feel in the middle of your back. No tenderness where the sacrum bone joins over the sacroiliac joints the ilium and hip bone, and APEX Reporting Service 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 no tenderness over the sciatic notches. sciatic nerve comes out of areas where the buttocks. Those are your Obviously, it is normal not to be tender. Some patients with problems, pathology in those areas will areas are pushed upon. He was able spine to a measured angle some patients with have pain when these to freely flex the lumbar of 95 degrees. In other words, please bend over like you are going to touch your toes, and he did this freely without any problem, without any hesitation to 95 degrees. That is a very normal range of bending. Most people cannot go that far . over back say, not. The average being perhaps 80 to 85 degrees. He had no complaints of pain with bending or flexing his low back. Some patients with problems in their low yes, it does bother me when I bend. He did There was no palpable muscle guarding with flexion, In other words, I put my hands on his muscles and could not feel that the muscles were tightening up, Sometimes if it hurts, muscles tighten up when one does an activity such as bending that hurts. He was able to extend from the flexed APEX Reporting Service 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 position without difficulty. That simply means he bent over and was able to straighten up without problems. Again, a very normal finding. Some people with back problems find it difficult to do that. He was able to side bend to 20 and side is side bending, going this way, and going that way. Instead of bending to the side that way. Didn't bother degrees in bending did not cause pain. either direction, This then standing up, forward, bending him. Again, a normal finding. There was no tenderness over the greater trochanters. Those are the flares of the hip. Sometimes a person can have a bursitis in that area which can mimic low back pain, and the hallmark or the tip off being tenderness over these areas. He did not have tenderness there. So that again is normal. As part of the examination, reflexes are tested and we have all had reflexes tested where the doctor takes a little hammer, usually a rubber hammer and strikes the front of your knee or the back of your ankle and your knee jerks or your foot jerks. What that does is when you are struck or tapped with that hammer, it stretches the tendon, and that stretching impulse goes through nerves, back to the spine, and reflexic, without you thinking about it, APEX Reporting Service 27 1 the spine sends an impulse through nerves back to the 2 muscle that the tendon belongs to and the muscle 3 contracts, and that causes the knee jerk or the ankle 4 jerk. 5 It simply means that if normal, that all 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of these things, all of these pathways, the tendon, the nerve going to the spine, the spine, the nerve going to in part pinched comes back, are fine. the muscle from the spine, and the muscle, they are all working. Sometimes they don't work. For example, you can have a pinched nerve of your life, way back when. That nerve gets so that the reflex doesn't work and it never even though you are fine. Even though you things are. So it's a gross assessment to see how In this particular patient, the knee jerks were symmetrical. In other words, the right knee jerk and left knee jerk were the same. The right ankle jerk was present and the left ankle jerk was absent. It didn't jerk when I struck the tendon. Just an observation. As part of the examination of the low back, we test the nerves that come out of the low back, and the nerves that come out of the low back do two APEX Reporting Service 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 things. They run muscles. They work muscles. They send impulses to muscles and the muscles contract and work, and they provide feeling. They provide feeling. For example, if you sit on your rear end the wrong way and your leg goes to sleep, you have trouble hobbling around because you can't control your muscles and your leg is numb, and that is because if you sit on your rear end the wrong way, you put pressure on the sciatic nerve that comes out of your buttocks, and that is how a pinched nerve acts. So we test muscles. Muscle in the legs are worked by nerves coming out of different levels of the low back. We test the muscles that work the toes up and down, that work the foot sideways, inward and outward. We test the muscles that work the foot up and down, that move the knee, that move the hip. All of these muscles were tested on both the right and left side, and they were all working fine. A normal finding. I tested the feeling. Do you have any numbness? Can you feel light touch on this side of your foot? On this side of your foot? Yes. His distal feeling or the distal sensation was intact. Again, a normal finding. APEX Reporting Service 29 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On the lateral aspect of each foot, and over the first cleft, he complained of, quotes, a funny feeling to light touch, not numbness, but just a funny feeling -- those were his words -- on the outside of each foot and then the first cleft between the first and second toes, not numbness. Numbness is what we look for, but just a funny feeling. The sitting root test was negative bilaterally at 70 degrees. The sitting root test is a sciatic nerve comes out of the back of the back of the leg and works a lot of the the leg and in the foot. If a patient has an irritated sciatic nerve or a pinched sciatic nerve, it bothers them. pain, numbness, if that nerve is stretched, it makes those symptoms worse, of pain in the distribution of the nerve, numbness in the distribution of the nerve. In other words, So nerve by bringing stretching test. That sciatic nerve comes out of the back, the bony pelvis into the buttock and down muscles in The where that nerve goes to. in a sitting position, we stretch that the leg straight up so that the body and the leg approach a right angle. like this, and you bring the leg up In this -- doing this, You are sitting like that. it did not cause APEX Reporting Service 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 any symptoms going down the distribution of the nerve into the leg, and that was a negative sitting root test which is a sciatic nerve stretching test. Then you lay the patient down on the table and raise the leg up to stretch the nerve. It's the same test. It forms the same angle between the body and the leg, except in one position the patient is sitting and the other position the patient is lying down, and it's the exact same sciatic nerve stretching test. When I did that, he complained of some lower back pain at 80 degrees without going down the leg, and that is a negative test too. What we do is that stretches the muscle sort of in the back of the legs and if you are not very loose, that can cause some muscle pain in the back which the muscles attach to the back, to the pelvis, and you change those by moving the leg around. have some It is not a positive sciatic nerve test to low back discomfort without radiation. So the sciatic nerve stretching test was important because if you ruptured disc, if you have from whatever source, the feeling -- may not be right. The muscles negative. These things are have a pinched nerve from a an irritated nerve may not work right APEX Reporting Service 31 the nerve works may not work right, and stretching pain going down where the nerve goes 1 that 2 the nerve causes 3 down to the leg. 4 So the importance of all of these tests 5 are that these tests check out the presence or absence 6 of a pinched nerve, and they were not compatible with a 7 pinched nerve going down the leg. 8 There were no toe signs and there was no 9 ankle clonus. Those are certain tests that we do to 10 see if there is any pressure on the spine itself as 11 opposed to the nerve. 12 So the bottom line is, in examining his 13 low back, there was a full range of normal motion. 14 There was no muscle spasm or guarding. The nerves were 15 all working well. No sign of muscle weakness. No sign 16 of numbness in the distribution of the nerve. No sign 17 that the nerve was irritated when I stretched the 18 nerve. Essentially, a relatively normal examination. 19 Q Doctor, in addition to the physical 20 examination that you performed of the patient, did you 21 also have x-rays taken of him, and what were your 22 findings from those x-rays? 23 A Yes, I did. I took x-rays of the lumbar 24 spine in my office, including x-rays bending and -- 25 excuse me -- bending and straightening up, and these APEX Reporting Service 32 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 revealed some narrowing of the last We call it the L5-S1 disc space. disc space down. spaces were normal, the rest There was nothing out of place, broken. In the back, discs which are the shock absorbers bones. They have give to them. If you -- were all connected to each other by bones, bend. This is nature's shock absorber that motion. The remaining disc of the x-ray examination was normal. There was nothing the bones are separated by between the back and if the bones you couldn't allows on When a disc wears out or if a disc has an injury, sometimes it shrivels up. It's not as tall as it should be. The discs themselves do not show up on an x-ray, but the bones do. As I said before, the discs are between the bones. You can see the spaces between the bones an x-ray where the discs live, even though you can't see the discs themselves. Sometimes you see that this bone and this bone, instead of being that far apart, are that far apart which means that the disc which normally separates them is not as high, sort of like the tread on your tire. You put a bunch of miles on your tire, the APEX Reporting Service 33 1 as thick. 2 This showed up at the last disc down, 3 L5-S1, which is the disc that takes the most abuse of 4 all of the discs in the low back because we as human 5 beings stand up and put all our body weight on that 6 part of the spine more than on other parts of the 7 spine. 8 Q Doctor, did you review any other 9 diagnostic studies as part of your evaluation of 10 Mr. Brown? 11 A Yes, I did. 12 Q Can you explain to us what studies you 13 examined and what the findings were, please? 14 A An MRI report -- an MRI stands for 15 magnetic resonance imaging, and what we do is when we 16 do an MRI, the part of the body, in this case, the 17 lumbar spine that gets examined is magnetized by a 18 hugely powerful magnet, and the cells of the different 19 structures, the cells of the bone, the cells of the 20 nerves, the cells of the spine itself, the cells of the 21 disc, they all get magnetized differently, and the 22 amount of magnetization is interpreted by a computer 23 and it draws a picture of all of these different kinds 24 of structures and their relationships of one to 25 another. So you see more things on it. tread goes down. It's not APEX Reporting Service 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 This showed a large left paracentral lateral L5-S1 herniated disc with pressure upon the left S1 nerve root at its origin. In other words, where it comes out of the spine. So it showed that there was pressure on the left Sl nerve root. I looked at those films. I had the films there, and I agreed that there was a herniation at L5-S1. The thing about how long that has been there. important to know about the MRI is do not have any back pain or exact same picture on an MRI That doesn't make now that we have done studies MRI's, what has been done is they say a hundred people who say they injury, never had a leg pain, and found out that a third of have disc protrusions or disc back. A very interesting In addition, disc that hurts them, away. It gets better, At the the MRI is, you can't tell The other thing that is that some people who leg pain can have the of a ruptured disc. much sense, does it, but to learn more about have taken people, have never had a back and done MRI's on them them, 33 percent of them herniations in their low finding. a person can have a ruptured that causes leg pain and it goes gets all better. beginning, sir, you asked me about APEX Reporting Service 35 1 operating on ruptured discs, and I told you that the 2 trend has changed because we know now that if you do 3 not operate on a ruptured disc, that at the end of say 4 five years the people who do not have surgery are much 5 better off than the people that do have surgery, and 6 may never have a problem again even though the disc 7 remains ruptured. 8 Sometimes the disc may resorb itself and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 go away, but sometimes the disc may be ruptured. For example, the two possibilities in this MRI are that the patient may be one of those 33 out of a hundred who has a rupture disc on an MRI but doesn't have any back problems attributable to the ruptured disc, or that disc could have been from another prior insult. Q In addition to the MRI report and scan you saw during your examination, and the x-rays you took, chiropractor A Yes, that that a Q Were your evaluation of A Yes, Q A Leidy did you also see and review x-rays from that Mr. Brown saw? I did. they in any way helpful to you in him? they were. What did they indicate? The films from October 5th of 1999 from Chiropractor were reviewed. Some of the films APEX Reporting Service 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 were not technically very good. the bones on some of the films, appeared to be marked narrowing They were hard to see but on others there of the L5-S1 disc space on the one lateral view. That is significant because you remember before we talked about the disc narrows from an old injury or through wear and tear. It was present in 1999. This takes a long, long time to develop, and it is not from an acute motor vehicle accident or from an acute any kind of accident. So the fact that this disc takes a long time to narrow, just like your tire takes a long time to -- many miles to lose that amount of its tread, indicates that this is not an acute process. So that is how they were helpful. Q Now, Doctor, after taking the history of Mr. Brown, reviewing his medical records, examining him, reviewing the x-rays that you took in your office, the MRI scan, the chiropractor's x-rays, I would like you to explain to the jury what opinions you have so far as the Plaintiff is concerned, and to please state your opinions to within a reasonable degree of medical certainty? A have sustained a It was my opinion that lumbar sprain. the patient may That simply means APEX Reporting Service 37 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 stretched ligaments, stretched muscles in the and we have all had something similar when we silly such as picking up things we shouldn't be up, or working in the garden, or doing a lot of that we are not used to. There was no sign of sciatic nerve irritation. In other words, the nerve was working fine. mentioned before, been absent. low back, do things picking lifting There was an absent left ankle jerk, as I and it is unknown how long that has The MRI of 1999 was compatible with a disc herniation at L5-S1, but we don't know how long that was present or whether it really means anything. The important thing is that the patient is not symptomatic from that finding on the MRI. In other words, there is no pressure -- there are no symptoms that will be consistent with pressure from that nerve at L5-S1. That is where the disc herniation is on his examination. If it were symptomatic, you would not expect them to be able to bend. You would expect them to have spasm or guarding with bending. As I mentioned before, he degrees. It didn't bother him at all. could bend to 95 APEX Reporting Service 38 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 If that were or if there were pressure not expect the patient to pain. You would expect him to doesn't have leg pain. He has The muscles were working fine. a -- if that disc herniation on the nerve root, you would have no problems with leg have leg pain. He no areas of numbness. those things bilaterally. examination and that finding on the findings on findings on order to be If a nerve is pinched by are not expected. Straight leg raising was a ruptured disc, negative No signs of sciatic nerve irritation. What I am saying is, his physical even his history didn't go along with an MRI, and in order to be meaningful, MRI must correlate, jibe, with the history and on physical examination in meaningful because as we all know now, that a third of normal people have ruptured discs on their MRI, and indeed this could be that instance or it could be from a prior insult. The patient had no objective findings on his examination, things that I could see for myself without his interpretation. No findings. Weakness, spasm, limitation of motion, muscle problems, nerve problems, et cetera. No objective findings which would dictate any limitations, which would dictate any APEX Reporting Service 39 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 impairments, activity. or would dictate any restrictions in his He did have some persistent subjective complaints, a few aches and pains, but those subjective aches and pains simply mean that he says I have some ache and pains. Q Now, lastly, to you the definition of a known as a serious injury. please, that serious injury resulting in death, serious Doctor, I would like to read legal term that we have, I would like you to assume, is defined as an injury impairment of body function, or permanent serious disfigurement. Again, it means death, serious impairment of body function or permanent serious disfigurement. Based upon all of the information that you have reviewed, all of his records, the x-rays, et cetera, obviously based upon your experience as an orthopedic surgeon, all of your education and your training, do you have an opinion within a reasonable degree of medical certainty as to whether Mr. Brown sustained a serious injury as I defined it? MR. GREENFIELD: Objection. 12:16, THE VIDEOGRAPHER: Off the record at MR. GREENFIELD: My objection is APEX Reporting Service 40 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 multi-fold. No. 1, this is beyond the scope of the report. There is no indications at all of this Doctor being -- referring to this particular definition or making an adaptation of it or anything of that nature. No. 2, the definition as given by the Defense Counsel is not something which the jury will hear in the ordinary course of this trial. In fact, it is objectionable. They will receive, if this is a limited tort case, they will receive a 6.02 D instruction which is a standard jury instruction that talks about serious impairment of body function. It is actually judicial error to charge a jury on the full definition of death and serious permanent disfigurement which has no relevance in this case fact function since they do not apply. There is also case law which that you cannot relate serious impairment to the level of death, for example. That was not the intent of the Legislature, nor the intent of the Supreme Court interpretation of that statute. discusses the of body in its Additionally, the charge itself at 6.02 D and case law that follows it all discuss the fact that these are ordinary terms. They have no special meaning APEX Reporting Service 41 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 under the law or anything of that nature. Therefore, to ask the Doctor an opinion to elevate these terms or to elevate the conditions into something that is more medically based would be inappropriate and give the jury the wrong view of the interpretation of this particular subject. Lastly, basically a hypothetical, introduced in his report, is given of a legal basis as opposed this particular question is again, which was not but also a description that to a medical basis, and this Doctor is not a lawyer or someone charged with that particular type of finding. I think that his limitations should be given to -- limit him to what he said in his report and specifically what the jury will ultimately hear. So my objection is multi-fold. I move to strike definitely the lead part of the question that discusses the definitional aspects under the statute of that particular case. his report significant So there is MR. SHIPMAN: Are you done, Marc? MR. GREENFIELD: I am now. MR. SHIPMAN: Obviously, the Doctor that the Plaintiff did not sustain a impairment of body function, first of no surprise there. You have had this has in all . APEX Reporting Service 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 report for quite some time. It will be up for the Court to determine. I have simply read the definition of what a serious injury is, and I am going to ask the doctor to state whether or not he feels that Mr. Brown suffered a serious injury under that definition. (Discussion off the record.) (The court reporter read from the record as requested.) THE VIDEOGRAPHER: Back on the record at 12:30. BY MR. SHIPMAN: Q Doctor, if you could please answer my last question. Do you feel that Mr. Brown sustained a serious injury as was defined? A No, I do not. MR. SHIPMAN: Those are all of the questions I have, Doctor. Thank you. CROSS EXAMINATION BY MR. GREENFIELD: Q Doctor, this is Marc I see that you have been referring to for Mr. Brown; is that correct? A I am sorry. My report Q Report, and you have a Greenfield again. a particular file you mean? file in front of APEX Reporting Service 43 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 you? A Q at that, that. 12:31. 12:37. Yes. If we could, I would like to take a look and we can go off the record so that I can do THE VIDEOGRAPHER: Off the record at (Discussion off the THE VIDEOGRAPHER: BY MR. record.) Back on the on my -- record at GREENFIELD: Q Doctor, just a few questions for you. First of all, I thought I heard you say that the exam was March 28th. It's March 27th, correct? A I don't recall what I said. -- no, there is a disparity here It was March it is March 28th. There is a typographical error on the report. Q It was only one visit though that you had? A That is correct. Q Okay. And in your history portion that you wrote, you read pretty much everything in your report, but you didn't read the part about the patient telling you that he was evaluated by a specialist who recommended back surgery, did you? APEX Reporting Service 44 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 12:38. I did not. MR. SHIPMAN: Note my objection. Off the record. THE VIDEOGRAPHER: Off the record at MR. SHIPMAN: The reference here from the patient is that he was seen by a specialist who recommended back surgery is hearsay. It came from the patient during his history. It's clearly not admissible. why it was doctor are evidence. So it's hearsay, and that is the reason avoided in the Direct Examination. MR. GREENFIELD: Statements made to a not hearsay, according to the rules of MR. SHIPMAN: That is my objection to it. MR. GREENFIELD: And my response. THE VIDEOGRAPHER: Back on the record at 12:38. BY MR. GREENFIELD: Q Is that correct, Doctor? A Is that correct? Please state the question again. Q Sure. Is it correct that you read every part of your history except for the fact that the APEX Reporting Service 45 evaluated by a specialist who recommended That was also part of your history, That is part of my history, that is During the history portion he complained 1 patient was 2 back surgery? 3 correct? 4 A 5 correct. 6 Q 7 of numbness in 8 A Correct. 9 Q And he 10 feeling leg pain at 11 experienced left leg 12 weeks, correct? the bottom of his left foot, correct? said that although he wasn't the time of the examination, he had symptoms within the last several 13 A That is correct. 14 Q Then you, I think, indicated that during 15 physical examination you said that he complained of a 16 17 18 19 20 21 22 23 24 25 funny feeling to light touch over the plantar aspect of the left foot. You said that it was not numbness, but would you agree with me that he previously told you that he was experiencing numbness in his left foot? A Yes, he did say that previous -- that he was experiencing previous numbness. Q In the review of medical records, you didn't mention the review of the emergency room record, did you, in your report? APEX Reporting Service 46 1 A I do not believe so. 2 Q However, I did notice that you had done a 3 work-up, a couple sheets of paper about all of the 4 medical records and what they said, correct? 5 A I am sorry. A work-up? 6 Q Yeah. There is a document in your file. 7 May I? 8 A Sure. 9 Q It says, medical records summary. Is that 10 something that you prepared? 11 A No. 12 Q Who prepared the medical record summary 13 for you? 14 A That was sent along with the cover letter. 15 Q I see. So the attorney did that? 16 A The attorney or a member of his office. 17 Q So they gave you a medical record summary 18 that basically details each of the medical records, 19 what they say, and what the findings are; is that 20 correct? 21 A You can see it for yourself. It's just a 22 date with entries contained in the medical records from 23 those dates. 24 Q So did you -- I assume then that that was 25 very useful to you in going through the medical APEX Reporting Service 47 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 records, the fact that the attorney had already summarized it all for you, correct? A No. As a matter of fact, I just scanned this. As you can see, the important part of the medical records were gone through these -- these orange/pinkish tabs are from my office and represent Post-It Notes on the records that I thought were relevant. Q You scanned the materials supplied by the attorney to see what the attorney thought was important as far as the medical records are concerned; is that correct? A No. I wouldn't put it that way. I scanned everything that was available to me. The medical records were gone through individually, and these tags were placed upon the portions of the medical records that I deemed to be important. Q Am I correct that Mr. Brown suffered two fractured ribs in this accident, according to the medical records? A According to the emergency room, it states fractured right ribs secondary to motor vehicle accident. Q That is because there was x-rays taken in the emergency room, correct? APEX Reporting Service 48 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 not have You mean that -- that diagnosis -- he does fractured ribs from the x-rays. He had x-rays that demonstrated that x-rays were ribs as a result of fractured ribs. is what I mean, showed fractured correct? Correct. Q That taken and they Is there any particular reason you can the jury why that wasn't referenced in your this accident, A Q explain to report? A fractured ribs. Q paragraph two Because I wasn't asked to reference the Q I see. So you were only -- did put in your report what you were asked to put in your report? A No, I was asked to reference the lumbar spine as I understand it. Q So anything else that is in the medical records you ignored? A No, I did not ignore them. I mean, you indicate, for example, on of your report, you say he was taken to for evaluation of everywhere, period, and released. You Harrisburg Hospital by ambulance multiple aches and pains, quote, quote. The patient was treated wrote that, right? APEX Reporting Service 49 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 Mr. 4 5 A Brown? A Q that was case? A Q be on the Correct. Did you get that from the Yes. Can you take a look at sent to you by the Defense Certainly. May I see same page? (Pause.) patient or from the cover letter Counsel in this it for one second so that I can Am I correct -- and I will give this back to you after I have read it -- that it says here that from the -- from what the attorney wrote to, he recalls being, quote, sore everywhere, end quote, and being taken to Harrisburg Hospital where he was treated and released for two or three broken ribs on his left side. A Correct. Q Now, you have agreed I think it was that the MRI of the back showed a herniated disc at L5-S1 which impinged or compressed the left Si nerve root, correct? A Q that goes Correct. Now, the left S1 nerve root down the left leg, correct? is a nerve APEX Reporting Service 50 1 A 3 correct? 4 A 5 Q 6 A 7 correct. 8 Q 9 A 10 correct. 11 Q 12 throughout 13 report, Mr. 14 correct? 15 A 16 Q 17 showing 18 left Si 19 A 20 Q 21 different ways 22 back problems 23 A I 24 questions, did 25 injuries in my Correct. It provides that left leg with sensation, To certain parts of it, that's correct. Motor function? To certain parts of the leg, that's And reflex? To certain parts of the leg, that is And am I the medical Brown was correct that consistently records, according to your complaining of left leg symptoms, Correct. That was before the MRI was even taken a herniated disc which was impinging upon the nerve root, correct? Correct. You have said in your report in two or injuries, documented that the patient never had any prior correct? the patient's response to my you have any prior back problems or report on two separate occasions. APEX Reporting Service 51 1 Q In addition to that, you found no medical 2 evidence or medical documentations to suggest that he 3 did have any previous back problems or leg problems, 4 correct? 5 A No, that is not correct, sir. 6 Q You found some previous conditions? 7 A Yes. 8 Q Is it in your report anywhere? 9 A No, sir. 10 Q So did you find it not important enough to 11 put in your report? 12 A Correct. 13 Q with respect to the herniated disc, you 14 indicated that the herniated disc could be from another 15 insult, correct? 16 A Correct. 17 Q But you specified no other insult in your 18 report, correct? 19 A Correct. 20 Q Or it could be an asymptomatic herniated 21 disc, correct? 22 A Correct. 23 Q And for that you said there was studies 24 that showed maybe a third of the people evaluated in 25 these studies who were asymptomatic or complaining of APEX Reporting Service 52 1 no back pain actually had herniated discs, correct? 2 A By MRI study, correct. 3 Q Would you agree with me that the figure 4 like a third, in that kind of a study would mean that 5 it would be more likely than not in looking at the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 results of that test that an individual with -- that has no back pain would not have a herniated disc? In other words, more people did not have herniated discs than had herniated discs in that study? A Is your question, more people did not have herniated discs than had herniated discs in that study? Q That's correct. A That premise is correct. Q people and And the difference I think between those this case is that Mr. Brown actually was Q This think you used the symptomatic when the MRI was taken, correct? A Had some symptoms, that is correct. herniated disc is a ripping, or I term at one point, a rupturing of the outer coat of the disc so as to allow material on the inside to protrude outwards, correct? A occur that It may occur in that fashion, or it may the disc is what we call contained and that is the more common, contained. For example, like a bleb on your tire, you don't see the insides of the APEX Reporting Service 53 on the tire~ if root, coming out, but you see the bleb has a bleb on it. You do not know which it is? Do you know or not it was contained or whether or not the call the pulposus was extruding onto what we There was no evidence of what we call an disc or free fragment. It was contained. Q And when a disc impinges upon a nerve that can cause symptoms down the leg in this particular case, correct? A When a disc impinges upon a nerve causes symptoms, it can clinically correlate to the distribution of that nerve. Q The -- do you have -- did you your report how old this gentleman is? A No, I did not. Q Would you agree with me that 48 at Q second. the time of this accident? A When I saw him he was 50. Now, with respect to -- give The 1 tire 2 your tire 3 Q 4 whether 5 internal, 6 the -- 7 A 8 extruded 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided any description of 25 were like for Mr. Brown? root and pain in record in he was about me one accident itself, were you ever what the accident's forces APEX Reporting Service 54 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 No. Q So you would not know whether or not this herniated disc could be a consequence of extreme forces that his body went through at the time of the accident, correct? A With reasonable certainty, no, I could not say that it was that. Q Do you know how he broke his ribs, that part which was not in your report? A No, I do not. I do not know the exact mechanism, in other words, whether he was hit by something or ... Q Have you ever seen any of the pictures of the car in this particular case or the truck that he was driving? A No. Q A trauma to an individual in a car accident which puts a force on their chest sufficient to fracture ribs, is that enough trauma to cause a herniated disc in the back? A There is no correlation. Q None whatsoever? A No. In other words, you can get hit by a baseball Does that that time? No. on your ribs and fracture a rib. mean that your low back is also hurt at APEX Reporting Service 55 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 I mean, there is no correlation. Q Ail right. Now, left ankle jerk was absent. I think you mentioned that once or twice in your direct testimony; is that correct? A Correct. Q The left ankle jerk is a reflex? A Correct. Q That is something that Mr. Brown cannot control, correct? A That is correct. Q You believe that Mr. Brown sustained at least, at a minimum, a lumbar sprain in this accident? A Obviously I did not see him at the time of the accident. I placed in my report that it was my impression that the patient may have sustained a lumbar sprain. Q Now, you make that conclusion based upon the records you reviewed? A Correct, and his Q And his history. And what kind of sprain that history. symptoms would a cause in this particular case? A Again, I don't know the exact symptoms the patient had from his lumbar sprain since I did lumbar APEX Reporting Service 56 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 interview him, but in general a lumbar sprain can cause pain, can cause spasm, can cause limited motion, and if you have enough muscle tightness you can even get some symptoms going Q damage to a A the nerves, down your leg or legs. So a lumbar sprain can even cause nerve certain extent? Can cause some tightness or pressure upon not nerve damage. That goes away when the acute sprain goes away. Q I think you had indicated to me when I asking questions about herniated discs and surgery, that the trend now is a more conservative nonsurgical approach, correct? A (Nods.) Q When you reviewed herniated disc in his back, was these films and saw the it your opinion also that Yes, yes, on MRI. It correlates. Q surgery would not A Actually surgery would not the second question doesn't mean was be appropriate in this case? you have asked two questions. be appropriate in this case; and is, you see a herniated disc anything unless it clinically Your opinion that the -- that there was a normal orthopedic examination on March 28th, 2002, that would be based upon what you perceived during your APEX Reporting Service 57 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 physical examination of Mr. Brown, correct? A Sure. Uh-huh MR. GREENFIELD: That is all I have. Thank you. THE WITNESS: You are welcome. REDIRECT EXAMINATION BY MR. SHIPMAN: Q Dr. Eagle, that his symptoms do not problem. That is your opinion, A Correct. MR. GREENFIELD: THE VIDEOGRAPHER: 12:53. just briefly. I understand correlate with this disc is that correct? Objection. Off the MR. GREENFIELD: Leading. BY MR. SHIPMAN: Q record at 12:53. Doctor, it is my understanding MR. GREENFIELD: Objection. THE VIDEOGRAPHER: Off the record at So the record is clear, because we were having a conversation, were we on the record as I was talking to the court reporter? THE VIDEOGRAPHER: Yes. MR. GREENFIELD: APEX Reporting Service 58 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. specific note that there is reporter about videotape that hear it. THE problem. MR. rewind. MR. handle that. MR. cautious. index in GREENFIELD: We need to make a on this record, which I am doing now, conversation between myself and the court my last word that I used that is on the needs to be struck so the jury doesn't VIDEOGRAPHER: That should be no GREENFIELD: Unless you want to SHIPMAN: No. We will be able to GREENFIELD: Can you mark that the front? get lost. I I have to be really for the transcript with an 12:54. BY MR. Q symptoms If it's not a formal objection it tends to have done that before. I apologize. Proceed. THE VIDEOGRAPHER: Back on the record at BY MR. is it my understanding that correlate in this case? GREENFIELD: Objection. SHIPMAN: Doctor, do not MR. SHIPMAN: APEX Reporting Service 59 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 12:54. the word? I You can answer. MR. GREENFIELD: Objection. THE VIDEOGRAPHER: Off the record at MR. GREENFIELD: Something unclear about have to put my objection on the record. rephrased it was, are impression, meaning a or other. So well. record. You don't will take answer is It's leading, and I think the way you just you correct that it's your lawyer's impression of something I object to the form of the question as If I say objection, it means go off the MR. SHIPMAN: The objection is stated. have to continue stating an objection. We it up with the Court obviously, whether his right or not. MR. GREENFIELD: Two things. One, if I say objection, that means go off the record so I can place my objection, even if I am wrong in doing so. MR. SHIPMAN: Okay. MR. GREENFIELD: Second of all, I thought that you rephrased the question a different way, and that is why I am adding form to it as well. So I am not sure -- because when you asked another question, APEX Reporting Service 60 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 think I still stands. 12:55. BY MR. had to object to that one. So my objection THE VIDEOGRAPHER: Back SHIPMAN: Q Go ahead, Doctor. please. A examined him, on the record at If you would answer, On clinical examination, there were no findings herniated disc were the or radiculopathy, and no clinical findings to suggest findings noted on the MRI. questions about in your that he on on the date I suggestive of therefore there correlation with 12:56. Q Now, Mr. Greenfield was asking you some the accident itself. Am I correct that obtaining a history from Mr. Brown, he told you was jostled, to use his word. He was jostled impact; is that correct? examination, MR. GREENFIELD: Objection. THE VIDEOGRAPHER: Off the record at MR. GREENFIELD: Leading. MR. SHIPMAN: It's cross examination. MR. GREENFIELD: No, it's redirect and he is your witness. MR. SHIPMAN: Objection noted. APEX Reporting Service 61 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 THE VIDEOGRAPHER: 12:56. BY MR. Q Doctor, A on impact. Q Do you Harrisburg Hospital A Yes. Q report, SHIPMAN: What did the patient happened at impact? The patient reported Back on the record at indicate to you, that he was jostled have the records from the from that day, Doctor? In looking at that Emergency Department is there any reference by Mr. Brown that he was experiencing any pain in his back? A No, there is MR. SHIPMAN: Thank you, Doctor. THE WITNESS: RECROSS not. Those are all questions You are welcome. EXAMINATION I GREENFIELD: Doctor, the word, jostled on impact. Did word jostled or is that your word? No, that is not my word. MR. GREENFIELD: Off the record for one THE VIDEOGRAPHER: Off the record at have. BY MR. Q he use the A second. APEX Reporting Service 62 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 12:57. 12:59. you, Doctor. deposition (The (Discussion off the record.) THE VIDEOGRAPHER: Back on the record at MR. GREENFIELD: That's all I have. Thank THE WITNESS: You are welcome. THE VIDEOGRAPHER: This videotape is concluded. The time of day is 12:59 p.m. deposition was concluded at 12:59 p.m.) APEX Reporting Service 63 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 CERTIFICATE I, Sharon L. Dougherty, a Notary Public for the Commonwealth of Pennsylvania, do hereby certify: That the witness named in the deposition, prior to being examined, was by me first duly sworn or affirmed; time That said deposition was taken before me at the and place herein set forth, and was taken down by me direction and supervision; That said deposition is a true testimony given by the witness and of all made at the time of the examination. I further certify that I am neither nor related to any party to said action, interested in the outcome thereof. in stenotype and thereafter transcribed under my record of the objections counsel for nor in any way APEX Reporting Service Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, ~ATZMAN & SHIPM3tN, 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. JAMES BROWN, : Plaintiff : VS. : GARY M. ZIMMER/Y3AN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-521 CIVIL TERM JURY TRIAL DEMANDED AND NOW, this l~day ORDER of July, continued by agreement of counsel. 2003, the above case is 97765.1 Jo PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (Z ) 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) ( ) Assumpsit 3AMES BRO~, (X) Trespass ( ) Trespass (Motor Vehicle) vs. GARY M. ZIMMERMAN, (Plaintiff) (other) The trial list will be called on October 7, 2003 and November .3, 2003 Trials commence on rs. (Defendant) October 15, 2003 Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 01-521 Civil 19 ___ indicate the attorney who will try case for the party who files this praecipe: Jefferson ~o Sh~l~", l~.oquire, Attorney £o~ Defendant Hare F. Creenfte~.d, Esqut-re, indicate trial counsel for other parties if known: Spear & Greenfield, P,C., Sufte 1800, 230 South Broad Street, Philadelphia, PA 19102 Date: This case is ready for trial. Print Name: Jefferson 3_.~Shipman Attorney for: Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on ~~ ~ , 2003: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Attorney for Plaintiff 59596.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Harrisburg, PA 17108 Attorneys for Defendant JAMES BROWN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GARY M. ZIMMERMAN, DEFENDANT : 01-0521 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2003, IT IS ORDERED: (1) The case is removed from the November term trial list to be relisted by either party when at issue. (2) A hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse at 8:45 a.m., Thursday, December 11, 2003, on the issue of whether there is full tort or limited tort insurance coverage. ~/l~arc F. Greenfield, Esquire For Plaintiff u,<~fferson J. Shipman, Esquire For Defendant Court Administrator :sal Edgar B. Bayley, J.~ (Must be typewritten and submitted in duplicate) - TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (Z ) for JURY trial at the next term of civil court. ( ) for trial without a iury. CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) Assumpsit (X) Trespass ( ) Trespass (Motor Vehicle) (Plaintiff) ( ) (other) rs, vs. (Defendant) The trial list will be called on Feb. 17, 2003 and 14arch 15, 2006 Trials commence on Pretrials will be held on February 25, 2eob- (Briefs are due 5 days before pretrials.) (The party listing this case for trial s~all provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 01-521 Civil -' 19 __ - Indicate the attorney who will try case for the party who files this praecipe: 3efierson J. Khtpmo~, Esquire, Attorney for Defendant Hare F. C~eenf~eld, Esquire, Indicate trial counsel for other parties if known: Spear & G~eenfteld, P.C., Su/te 1800, 230 South Broad Street, Philadelphia, PA 19102 This case is ready for trial. Date: January 19, 2004 Attorney for: Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on January 19, 2004: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. 59596.1 Harrisburg, PA 17108 Attorneys for Defendant # 18 JAMES BROWN, Plaintiff GARY M. ZIMMERMAN, Defendant : CIVIL ACTION - LAW : : 01-521 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRETRIAL CONFERENCE AND NOW, this 25th day of February, 2004, before Edgar B. Bayley, Judge, present for the plaintiff was Marc F. Greenfield, Esquire, and for the defendant, Jefferson J. Shipman, Esquire. This is an automobile accident case that occurred on August 12, 1999. Defendant's negligence is admitted, causation and the amount of damages due is Plaintiff contes~d. seeks general damages for various internal injuries. Estimated time of trial, one and a half to two days. By the Court, Edgar B. Bayley, J. Marc F. Greenfield, Esquire Spear & Greenfiled, P.C. Ste. 1800, 230 South Broad Street Philadelphia, PA 19102 For the Plaintiff Jefferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For the Defendant pcb ORIGINAL TRANSCRIPT OF THE VIDEOTAPED DEPOSITION OF DR. MICHAEL G. BENNESE TAKEN ON MARCH I 2, 2004 IN THE MATTER Of JAMES BROWN VS. GARY ZIMMERMAN REGISTERED PROFESSIONAL REPORTERS LYN RUBENSTEIN & ASSOCIATES 215~546~)006 (FAX) 215-546~9183 1-877-WE-DO-DEPS WWW.WEDODEP$.COM MAILBOX~WEDODEPS,COM Dr. MiCHaEL G. BENNI~SE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JAMES BROWN VS. GARY ZIMMERMAN :NO. 01-521 Civil Term March 12, 2004 Enola, Pennsylvania Videotaped deposition of DR. MICHAEL G. BENNESE, held at the offices of DR. MICHAEL G. BENNESE, 433 North Enola Road, Summerdale Plaza, beginning at 1:45 p.m., on the above date, stenographically recorded by Klm Towarnicki, Professional Shorthand Reporter. LYN RUBENSTEIN & ASSOCIATES 1518 Walnut Street, Suite 1010 Philadelphia, PA 19102 (215] 546-9183 1-877-WE DO DEPS LYN RUBENSTEIN & ASSOCIATES 215~546~)006 DR. MICHAEL G. BENNeSI~ APPEARANCES SPEAR & GREENFIELD, P.C. BY: MARC F. GREENFIELD, ESQUIRE 230 South Broad Street Suite 1800 Philadelphia, PA 19102 Attorney for Plaintiff 2 GOLDBERG, KATZMAN, & SHIPMAN, P.C. BY: JEFFERSON SHIPMAN, ESQUIRE 320 Market Street Strawberry Square Harrisburg, PA 17108 Attorney for Defendant LYN rUBENSTEIN & ASSOCIATES 215-546<:)006 DR. MiCHaEL G. BENNESE INDEX 3 WITNESS PAGE Dr. Michael G. Bennese By Mr. Greenfield Direct By Mr. Shipman - Cross By Mr. Greenfield Redirect 5 24 41 E X H I B ITS NUMBER DESCRIPTION PAGE Defense- 1 Emergency Room Report 29 Defense-2 X-ray Report 31 Defense-3 Doctor's Note 34 Defense-4 Radiographic Report 37 (ALL EXHIBITS RETAINED BY COUNSEL) LYN RUBENSTEIN & ASSOCIATES 215-546-0006 DR. MiCHaEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (It is agreed by and between counsel that reading, filing, signing, sealing, and certification are hereby waived and all objections, except as to form of the question, are reserved until the time of trial}. the 4 ladies VIDEOGRAPHER: and gentlemen. Good afternoon, This is a videotaped deposition. My name is Savas Sosangelis and I'm here with Lyn Rubenstein & Associates. The date is March 12, 2004, The location is 433 Enola, Pennsylvania. The case caption North Enola Road, is James Brown it's filed in the Cumberland County, versus Gary Zimmerman; Court of Common Pleas, Pennsylvania, Number 01-521. The witness in today's Doctor, your full name? THE WITNESS: Dr. Michael VIDEOGRAPHER: The deposition; Bennese. attorneys for the present will identify themselves LYN RUBENSTEIN & ASSOCIATES 21 ~546~D006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dr. MiChAEL G. BENNESE record. MR. Greenfield, on behalf James Brown. MR. SHIPMAN: And Shipman for Mr. Zimmerman. VIDI~OGRAPHER: GREENFIELD: This is Marc of the plaintiff, doctor record. on camera. We are now going my name is Jeff Now, swear the on the video 5 DR. MICHAEL BENNESE, having been duly sworn, was examined and testified as follows: Doctor. MR. GREENFIELD: Good afternoon, This is Marc Greenfield and I represent the plaintiff, James Brown, in this case. Before I get to Mr. Brown, I'd like to explain to the jury why we're calling you as an expert. DIRECT EXAMINATION LYN rUBENSTEIN & ASSOCIATES 215N546~D006 DR. MiChaEL G. BENNeSE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BY MR. GREENFIELD: What is your profession? A. l'm a doctor of chiropractic. As a chiropractor how did you become so trained? A. There were pre-professional studies at an undergraduate college or university followed by a five-academic-year program at an accredited chiropractic school. Q. Where did you go undergraduate and where did you go chiropractic? A. University of Pittsburgh at Johnstown, undergraduate, followed by Excelsior College in New York and New York Chiropractic College. Q. All right. Did you pass the studies and become a chiropractor? medicine Yes, I did. Are you licensed to practice chiropractic in the Commonwealth of Pennsylvania? A. branch [ am Now, what exactly is a chiropractor? A chiropractor is -- chiropractic is a of the healing arts that deals with the LYN RUBENSTEIN & ASSOCIATES 215-546M0006 DR. MICHAI~L G. BENNESE 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 spine and its affect on the nervous system. Q. As a chiropractor, do you prescribe medication? A. No, we do not. Q. Do you do any surgery? A. No, we do not. Q. Is there any particular reason why you don't do medicine and surgery as part of your profession? A. We believe that if the spine is alignment, the nerves are allowed to normally, thus negating the need for of surgery or medication. Q. All right. Professionally, where work? currently A. I work in Enola, practice here at 433 Q. How long have A. Two years. Q. When you came practice on your own, another chiropractor; A. I took over for a 7 function possibility do you Pennsylvania, in private North Enola Road. you been working here? here, did you start this did you pick it up from how did that happen? retiring doctor, out of LYN RUBENSTEIN & ASSOCIATES 215-546<)006 Dr. MiChAEL G. BENNeSe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 school and I came straight from New York Chiropractic College down here to Enola. Q. As part of your chiropractic training was there any on-the-job training that you did through school? A. Yes . There was an internship program. I did my internship in Syracuse, New York. Q. Are you a member of any particular associations that deal with your profession? A. l'm a member of the Pennsylvania Chiropractic Association and the American Chiropractic Association. Q. Now, you've only been years; have you testify either in out for a couple ever had an opportunity to court, by deposition or by video dep like your doing today? A. No, I haven't. Q. Can you give as an understanding, basically, as to what kind of patients you see in your current practice? A. The majority of patients I see in my practice are musculoskeletal patients, either due -- due to acute injuries or chronic injuries. LYN RUBENSTEIN & ASSOCIATES 215-546 )006 DR. MiCHaEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 Q. Do you see people automobile accidents? A. Yes. Is that all you see kinds of patients? A. No. A. that are involved in You see other kinds? There are other kinds motor vehicle accidents. Q. Like what? A. Chronic patients injuries, and we also or do you see other of patients besides due to repetitive strain see patients who wish to maintain their health through maintenance care. MR. GREENFIELD: At this point in time I'd like to offer Dr. Bennese as an expert in the area of chiropractic medicine, subject to any cross-examination. MR. SHIPMAN: Sure. Thank you. Dr. Bennese, my name is Jeff Shipman. I'm an attorney in Harrisburg and I represent Mr. Zimmerman in this case. MR. SHIPMAN: BY LYN RUBENSTEIN & ASSOCIATES 215~546~006 DR. MICHAEL G. BENNESE 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 10 Q. If I understand correctly, you've been in practice am I correct about that? A. Yes; December of 2001. Q. And you took over the practice chiropractor. here in Enola, Pennsylvania since 2001; for a prior Would that be Dr. Leidy? A. That's correct. Q. Dr. Bennese, you graduated from the University of Pittsburgh, Johnstown, in what year? A. I did Pittsburgh not graduate from in dohnstown. the University of I graduated from Excelsior College in New York, right after obtaining my doctorate in chiropractic. Q. What year did you graduate from Excelsior? A. That was in 2003, early 2003. Q. When did you receive your chiropractic certificate or degree? A. April, 2001. Q. You are licensed here in the Commonwealth of Pennsylvania? A. Yes; I'm licensed in the Commonwealth. LYN RUBENSTEIN & ASSOCIATES 215N546~)006 DR. MICHAEL G. BENNESE 1 Q. When did you receive your license? 2 A. In March of 2001. 3 Q. Would I be correct that you are not 4 licensed to practice medicine in orthopedics? 5 A. You are correct. 6 I am not licensed to practice 7 orthopedics. 8 Q. And your not a radiologist? 9 A. No, I'm not a radiologist. 10 Q. Do you sometimes in your course of your 11 practice, refer patients of yours to other 12 physicians? 13 A. Yes; when warranted, yes. 14 Q. Do you sometimes refer patients of yours to 15 orthopedic surgeons? 16 A. Yes, I do. 17 Q. Do I understand this is the first time that 18 you offered testimony in a civil case; is that 19 correct? 20 A. That's correct. 21 MR. SHIPMAN: I have no objection 22 to Dr. Bennese being offered as an expert 23 24 in the field of chiropractic. Thank you, Doctor. LYN RUBENSTEIN & ASSOCIATES 215-546<:)006 DR. MiCHaEL G. BENNESE BY MR. Q. Mr. MR. GREENFIELD: All right. GREENFIELD: Doctor, let's turn our attention then to Brown, the reason why we're here. Can you give us an idea -- you 1 2 3 4 5 6 told us that you took over for Dr. Leidy, can you 7 give us an idea of when you first saw Mr. Brown? 8 A. I saw Mr. Brown for the first time in 9 December of 2002. 10 Q. Did you see him because he was coming here 11 regularly or was this -- was there a break in 12 treatment from when you first saw him to when he 13 was seen by Dr. Leidy? 14 A. He was coming back here due to injuries 15 previously sustained. 16 Q. All right. 17 When you saw him, did you have an 18 opportunity to review Dr. Leidy's file? 19 A. Yes, I did. 20 Q. When you saw him did you take -- do a 21 physical examination to find out for yourself 22 what was going on with Mr. Brown? 23 A. Yes; we performed -- I performed a physical 24 examination. I_YN RUBENSTEIN & ASSOCIATES 215N546~)006 Dr. Michael G. BENNESE 13 1 Q. Can you tell the jury a little bit about 2 what you learned from the file, from physical 3 examination on this first visit that you 4 personally had with Mr. Brown? 5 A. I learned that Mr. Brown was involved in a 6 motor vehicle accident, approximately 1999 and 7 through my examination we found out that he had 8 developed a herniated disc as a result of that 9 accident and had sustained bouts of pain 10 throughout the years since then. 11 Q. Can you summarize for me what kind of 12 treatment did Dr. Leidy have with respect to 13 Mr. Brown? 14 A. In looking through the file, Dr. Leidy 15 apparently treated Mr. Brown with mechanical 16 traction, electrical muscle stimulation and 17 various trigger point therapy and manipulations. 18 Q. Was there any success that you could see 19 from the records of Dr. Leidy for that treatment 20 that he performed? 21 A. There was success, alt be it temporary, and 22 his -~ Mr. Brown symptoms, apparently, it looks 23 like they did return after several bouts of 24 treatment. LYN RUBENSTEIN & ASSOCIATES 215M546 )006 DR. MIChaEL G. BENNESE 1 2 3 4 Was there diagnostic studies that you saw in Mr. Brown's file that could help you with the conclusion that he was herniated disc? Yes, there was an treated for this, 5 A. 6 Q. Now, you've identified that your not a 7 radiologist. 8 As part of chiropractic school, do 9 you learn how to read films, such as X-ray films, 10 MRI films, CAT scan films, that kind of thing? 11 A. Yes. 12 Q. And did you ever look at the films of the 13 MRI in this case? 14 A. No, I did not. 15 Q. Did you look at the report? 16 A. Yes, I did. 17 Q. What did you learn from that? 18 A. Mr. Brown sustained a large, I believe, I 19 don't want to -- 20 Q. You can look at your records anytime you 21 need to. 22 A. Okay. 23 24 MRI performed. lateral L5-S 1 herniated A large left paracentral and nucleus pulposus with LYN rUBENSTEIN & ASSOCIATES 215-546 )006 DR. MICHAEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I5 impingement upon the left Si nerve root, at its origin. Why don't we go into a little anatomy for the jury, so they can understand what that means. A. Sure. MR. GREENFIELD: You have a model there in front of you. Using that model, can you describe what is the anatomy of the back in the area where this study was performed and what is this herniated disc? THE WITNESS: Sure. These are two spinal bones, if this were a live patient, this would be the front, this would be the rear; the bones are hard and then between each bone, is this little shock absorber, it's called a disc, intervertebral disc. Now, the disc has a relatively firm outer shell with a gelatinous -- for lack of a better term, gooey, inner side and this is about the right size and what it does is it absorbs shock through everyday repetition such as walking, LYN RUBENSTEIN & ASSOCIATES 215-546~)006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DR. MICHAEL G. bENNESE running or even range of motion, side to side, things of that nature. Now, when the bones are together, there's a hole that's formed. Coming out of that hole is this yellow nerve root; now, these nerves are cut here, but they go all throughout the body and in particular in this case, would go down the leg to the various muscles and ligaments of the leg. It also has to feel a sensation. I can feel my hand on my leg due to the nerves that go to the leg, and those nerves come from this main nerve. Now, would you like me to explain Mr. Brown's injuries? MR. GREENFIELD: Sure. The herniated disc as you described. THE WITNESS: Okay, MR. GREENFIELD: Please. THE WITNESS: Like I said normally, with the disc there's an outer harder rim and a gooey inside. LYN RUBENSTEIN & ASSOCIATES 215M546 006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DR. MICHAEL G. BENNESE 17 Mr. Brown sustained an injury where there was a weakening or a tearing of the outer hard rim, thus allowing the gooey inside to seep out. Now, in real life, when this happens, it will cause pressure on the nerve that comes out of the hole. Now, that pressure can be mechanical, it actually can pinch right on to the nerve or it can cause a chemical reaction, causing inflammation, still affecting the nerve root. BY MR. GREENFIELD: Q. The MRI that was performed, did it confirm or reject the thought that this herniated disc was actually touching other objects within the back? A. According to the MRI, the herniation occurred on the left paracentral and lateral which means it would affect the left nerve root. Q. Okay; did the MRI indicate whether it was pressing on the nerve root at all? A. Yes, it does. It says there's impingement upon LYN RUBENSTEIN & ASSOCIATES 215-546-0006 Dr. MichaEL G. BENNESE 1 the left S 1 nerve root. 2 Q. What kind of symptoms does that produce? 3 A. That can produce a variety of symptoms: 4 One being sharp low-back pain 5 radiating down the back of the leg past the knee 6 into the calf, also causing decreased sensation, 7 maybe numbness, pins and needles, tingling all 8 the way down to the big toe. 9 That can occur anywhere in the 10 leg, but it could go the whole way down to the 11 big toe. 12 Q. Is there any particular treatment that you, 13 as a chiropractor, would perform on someone with 14 this kind of injury? 15 A. Yes. 16 In general passive care consisting 17 of spinal manipulation, muscle stimulation and 18 traction are utilized for this type of injury. 19 Q. You said that you saw him for the first 20 time personally in December of 2002? 21 A. That's correct. 22 Q. When you saw him at that point, what kind 23 of care did you prescribe? 24 A. Initially we prescribed a treatment LYN RUBENSTEIN & ASSOCIATES 215M546 )006 Dr. MichaEL G. BENNESE 19 consisting of passive care, consisting of 2 manipulation, electrical muscle stimulation and 3 traction, very similar to what he had experienced 4 for previous bouts of the same injury. 5 Q. How did that -~ how did he react to your 6 prescription of treatment along those lines? 7 A. The treatment resulted in fair results, all 8 be it not fixing the problem. 9 Q. So what did you do? 10 A. Mr. Brown was feeling quite better at the 11 end of the first bout that I had treated him for 12 and we discharged him and he returned 13 approximately seven months later with the same 14 problem, coming back which was expected, with 15 this type of injury, does result in 16 exacerbations. 17 However, this time, after going 18 through a bout of passive care, we started a 19 series of active care to help increase his 20 activities of daily living which were decreased 21 as a result of the injury. 22 Q. When you say activities of daily living, 23 can you tell tl~e jury what kind of things compose 24 activities of daily living? LYN RUBENSTEIN & ASSOCIATES 215-546 )006 DR. miChaEL G. bENNESE 2O 1 A. The simplest activities of daily living are 2 walking, bending over to pick up items, brushing 3 your teeth, brushing your hair, taking a shower, 4 things of that nature and then they go a little 5 more into detail in the case with Mr. Brown. 6 He was having difficulty with 7 repetitive bending. 8 It was required for several of his 9 hobbies; he just couldn't do it. 10 Q. All right. 11 So, then when you do this active 12 treatment as your prescribing, what exactly did 13 that consist of? 14 A. That consisted of rehabilitation exercises, 15 neuromuscular re-education, and also spinal 16 manipulation which is still going to affect, in a 17 good way, the intervertebral disc. 18 Q. And for what period of time, did you use 19 more active therapy on Mr. Brown? 20 A. I believe we started in the fall, October 21 and that proceeded until December. 22 Q. 2003? 23 A. 2003, yes. 24 Q. How did he respond? LYN rUBENSTEIN & ASSOCIATES 215-546~006 DR. micHael G. BENNESE 21 1 A. He responded quite well with the reduction 2 in his ADL index, which is activities of daily 3 living; for example, in October of 2003, 4 Mr. Brown scored a 44 percent or severe 5 disability in performing his activities and the 6 last ADL index was from November 24 of the same 7 year, which was 24 percent which is moderate 8 disability. 9 A very good decrease, although 10 there's still 24 percent disability present. 11 Q. These numbers, is this through some type of 12 program or computer or how is that generated? 13 A. This is generated through a series of 14 questions, ten questions on a questionnaire, 15 regarding activities of daily living; it's called 16 a Revised Oswestry Questionnaire. 17 Q. And when was the last time that you saw 18 Mr. Brown? 19 A. I last treated Mr. Brown December 10, 2003. 20 Q. At that point in time, do you have like a 21 working diagnosis or a final diagnosis for the 22 man? 23 A. The primary diagnosis was still the 24 herniated disc causing the intervertebral disc LYN RUBENSTEIN & ASSOCIATES 215-546 D006 DR. MICHAEL G. BENNESE 22 1 syndrome; an updated diagnosis, at that time, 2 consisted of late effect sprain and strain, 3 muscular incoordination and joint stiffness, 4 range of motion in the lumbosacral region, all of 5 which were being treated through the act of 6 rehabilitation. 7 Q. When you say "-- lumbosacral," what part of 8 the body are we talking about? 9 A. That is at the very end of the spinal cord 10 and that's the region where Mr. Brown's herniated 11 disc is. 12 Q. All right. 13 Now, you had previously -- you 14 started off with this deposition by indicating 15 that you believe this herniated disc was related 16 to this motor vehicle accident of August 12, 17 1999. 18 Can you tell the jury a little bit 19 about how you come to that conclusion? 20 A. Through the history that Mr. Brown 21 presented with, through the examination that I 22 performed, I came to the conclusion that the 23 herniated disc was a direct result of the trauma 24 sustained in his 1999 motor vehicle accident. LYN RUBENSTEIN & ASSOCIATES 215-546<:)006 DR. mICHaEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and about the examination that? A. Well, 23 Why was that; what was it about his history that made you conclude Mr. Brown presented with historical findings consistent with a herniated disc, left low back pain, radiating down the posterior thigh, examination procedures were positive in bringing about that diagnosis. Q. All right. And the condition that he has, what is expected for the future of Mr. Brown given this herniated disc underlying problem that you've identified? A. Although we have obtained good results with Mr. Brown, he is expected to experience flare ups, exacerbations, in time, with this injury. Q. And since this motor vehicle accident has he gone to treatment and had flare ups and returned consistently throughout the course of time since the accident? A. Yes, he has. Q. As far as his ability to function, the activities of daily living and so forth, that you said, what would you expect that effect to be LYN RUBENSTEIN & ASSOCIATES 215M546~)006 DR. MICHAEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 ago? A. like into the future? A. I would suspect that his activities of daily living will suffer aa well, throughout the future and that will occur simultaneously with the flare ups. Q. Did you advise Mr. Brown as not you were available should he problems, to return to your office? A. Yes. He was advised to return for flare ups when they occur. Q. All right. And he has not seen you since late December of 2003? Right, December of 2003. to whether or have further 24 That was about three months ago, two months MR. GREENFIELD: Yes. have. That's all that I Thank you. CROSS-EXAMINATION BY MR. SHIPMAN: Q. Dr. Benneae, if I understand correctly the LYN RUBENSTEIN & ASSOCIATES 215~546~)006 DR. MiCHaEL G. BENNESE 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 last time you saw him was December of 2003 and you don't have an appointment to see Mr. Brown, at this point; is that correct.'? A. That's correct; I don appointment. 't have an Q. But you may see him in the future if he has an exacerbation of his pain? That's correct. You don't think -- it's not uncommon for somebody like Mr. Brown to experience exacerbations of their pain? A. No, it's not uncommon to have an exacerbation from a disc injury. Q. Mr. Brown may perform some activity during his day, it may be lifting, it might be some sort of activity that he might involve himself in, that would cause some return of his pain? A. That's correct. Q. Evidently, in the last three months or so, three to four months, he hasn't had any pain that's required him to come back to see you; is that right? A. I don't I can only speculate that he has LYN RUBENSTEIN & ASSOCIATES 215M546-0006 DR. MiCHael G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 not because he hasn't been in the office , then. Q.~ Okay'i- And as I understand, you saw him initially back in December, 2002, you treated him \ for a period of time and then he apparently had \ done rela~vely well with your treatment, -- X ~1i ~Cnt, r/n eS~2 t~o 1 ate it °u~ nm ~on i;oUul aat~t°e; s: bSoUuCth at;~ t8he or -- what is it months of being pain free? refer to your records if You ca you want to. You started of 2002 and was there a p he was discharged as I un MR. GREENFIELD: VIDEOGRAPHER: record. ;eeing him in December iod of time that he -- ~tand it? )bjection. off the MR. GREENFIELD: Just te my objection to strike, sort of a lead n on that question. There are a lot of statements a~x~X comments that were made and I think the~ only question is, was he discharged at the ~l LYN RUBENSTEIN & ASSOCIATES 215-546~)006 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BY MR. SHIPMAN: Q. Doctor, you from December of 2002 then at some point you you discharge him? Dr. MICHAEL G. BENNeSE time? ~ I move to strike the to tha~xx~nd if you want to restat~just as a que~on, I have no problem wit~x~at. VID~GRAPHER: We're back on tl~e video record. _..~ ~-~ ~ testified that you treated him with some passive care and discharged him; when did A. Mr. Brown was not discharged at that exacerbation. He left on his own. Q. When did he leave on his own? A. My last treatment was on January 30, 2003 for that particular exacerbation. Q. And then when did he return? A. He returned September 4th of the same year. Q. So, from January of 2003, until September, approximately nine months, you had not seen him during that period of time? A. That's correct. Q. ~'t ~as~Um~~en that h~ LYN RUBENSTEIN & ASSOCIATES 215~546~D006 \ 1 DR. MiChaEL G. BENNESE ' in~~ff 1 not icient pain that he required any 2 ch roprac~c treatment from you during that eri 3 p od of ti~? 4 MR~REENFIELD: Objection. 5 VIDEO~APHER: We're off the 6 record. ~ 7 . M~ ~N~: It's just 8 s~l~n/ .... ~ 9 Y~'~ as~ ~ g~who hasn't 11 wh~ was ~ t~ miM of my ~i~t~s 12 imp~siM~ ~ 13 VIDEOGRAPHER: We're back on tH 14 video record. ~ 15 MR. SHIPMAN: Doctor, just to 16 clarify, do I understand from your records, 17 he has not been back to see you from 18 approximately January of 2003, until 19 September of that year? 20 THE WITNESS: Yes; that's correct. 21 BY MR. SHIPMAN: 22 Q. Dr. Bennese, did you in obtaining a history 23 from Mr. Brown, did you ask him whether he had 24 ever had any prior problems with his back? LYN RUBENSTEIN & ASSOCIATES 215~546<)006 Dr. MiCHaEL G. BENNESE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 ~4 29 believe somewhere in the history that may I don't know. I'd have to take a look at the history. Q. If you can -- can you take a look and see if Mr. Brown ever indicated that there was a history of back problems before this accident. A. There's no mention of any prior accident. Q. Is there any mention of any prior treatment for back pain before this accident? No, not in my notes, there is not. Were you aware Mr. Brown sustained an injury to his back while lifting at work sometime in the 1980s? A. iYN RUBENSTEIN & ASSOCIATES No, I was not. (At this point in time, Mr. Shipman presented the first of four exhibits that were pre-marked and were retained by counsel.) MR. SHIPMAN: Dr. Bennese, I'm going to show you what I had marked as Defense Exhibit # 1 and ask you to identify this for me please. Let me just represent to you that 215~546-0006 DR. MIChaEL G. BENNESE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this from this is a the accident. Would THE MR. copy of the Harrisburg 3O emergency room report Hospital on the date of I be correct about that? WITNESS: Yes. SHIPMAN: Looking at history given by Mr. Brown, am I that he indicated that he did not consciousness in the accident? THE WITNESS: That's what the correct lose it states, yes. MR. SHIPMAN: And he states that he was complaining of pain in the right side of his chest; am I correct? THE WITNESS: Yes; that's what it states. MR. SHIPMAN: Do you see anywhere in the -- in this report, Doctor, where Mr. Brown complained of any back pain? THE WITNESS: No, I do not. MR. SHIPMAN: In looking at the physical examination performed by the emergency room physician, does it indicate that his neurologic findings were normal or LYN RUBENSTEIN & ASSOCIATES 215M546~)006 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 DR. MiCHAEl G. BeNNESE it says, no focal neurologic deficits noted; am I correct? THE WITNESS: That's correct. MR. SHIPMAN: There were no or symptoms of a concussion? and signs THE WITNESS: That's also correct. MR. SHIPMAN: His neck is supple non-tender according to the report? THE WITNESS: Yes. MR. SHIPMAN: And according to this report from the emergency room, they did a cervical spine exam and a chest X-ray, but there was no X-ray of his low back at that time; is that right? 31 THE WITNESS: That appears to be true, yes. MR, SHIPMAN: Doctor, we do have a copy of the X-ray report from the hospital and that's marked as Defense Exhibit #2. I'll show you that. There are results of the cervical spine X-ray. They seem to show some mild degenerative disease; am I correct toward LYN RUBENSTEIN & ASSOCIATES 215-546-0006 DR. MICHAEL G. BENNESE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 the middle of the page there? 2 THE WITNESS: Yes, I see that. 3 MR. SHIPMAN: Do you -- do you 4 understand what the radiologist means 5 he says, "mild degenerative disease?" THE WITNESS: Yes, I do. MR. SHIPMAN: What's your when understanding of what that terminology means? THE WITNESS: Degenerative disease as it pertains to the spine, in this case, the neck, it's the beginning of a slight decay in the bones of the neck and as a result, the disc of the neck can also start to decay as well, but apparently this was read as, mild degenerative disease. kx, xx MR. SHIPMAN:~d someone such as~'"h Mr. B~wn also have dege~tive disease of the spin~enerally, includin~x~e lumbar ~, ~FIELD: o bi-- t i o ~'-X,X fo~ ~ ~~ ~ LYN RUBENSTEIN ~ ASSOCIATES 215~546~0006 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DR. MiChAEL G. BENNESE I'm not sure ~f'NkNhere was a estion of if I understoo~ correctly. Are you going to requ~him to answeX~hat question? Nk~ sHImMy,,, Vs i,t MR. SHIPMAN: Doctor, let me just ask you this: Am I correct that this study is showing some mild degenerative disease involving his -- involving his neck region on that particular day? THE WITNESS: That's correct. MR. SHIPMAN: And you don't see X-ray of the lumbar spine on that particular occasion? THE WITNESS: MR. SHIPMAN: That's correct. And Mr. Brown, evidently did not complain of any low back pain, on the day of this accident? THE WITNESS: According to the history on this date there is no complaint of lower back symptoms. an LYN RUBENSTEIN & ASSOCIATES 215M546-0006 Dr. MiChaEL G. BENNESE 1 S 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. SHIPMAN: Doctor, were you aware that a James Miller an osteopathic physician in Harrisburg, was Mr. Brown's family paperwork MR. any of Dr. THE copies. MR. exhibit here This physician? THE WITNESS: Through the that I received, yes. SHIPMAN: Have you ever Miller's records? WITNESS: Yes; I've seen from Dr. Miller and at the refers to his the history, as though Mr. recheck visit accident of seen 34 SHIPMAN: Well, I have an I'd like to show you. is a copy of an office note top portion, it patient, James Brown and from am I correct that it appears Brown was returning for a following his automobile 19997 THE WITNESS: Yes; that's correct. MR. SHIPMAN: Am I also correct that it states he is feeling better on that day? WITNESS: Yes. THE iYN RUBENSTEIN & ASSOCIATES 21 5-54642)006 DR. MiCHaEL G. BENNeSE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 much. It says his back is not bur MR. SHIPMAN: And also his ribs were not -- are not as tender on that date? THE WITNESS: That's right. MR. SHIPMAN: And continuing through the history portion, Doctor, about the fourth line down, Dr. Miller states that he has had a history of discogenic disease back in 1981, and went through physical therapy and was disabled for approximately 8 months. Did I read that correctly; Doctor? THE WITNESS: Yes, you did. MR. SHIPMAN: What is, if you discogenic disease? X MR. REENFIELD: Objection. 'x'~x~.V I D E~HI~R: ~f~t h e dege.ner;::~::w~ ;~ we can~oX".~ack on the record. '~ · LYN RUB~'NSTEIN & ASSOCIATe'S 215-546~)006 DR. MiChaEL G. BENNESe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 VIDEOGRAPHER: Back on t THE WITNESS: Could you question, please? MR. SHIPMAN: Sure. Dr. Miller is referring to discogenic disease. Do you know what that is? THE WITNESS: Yes; that means a disease resulting from the disc. MR. SHIPMAN: And Dr. Miller performed a physical examination and then there's a diagnosis section at the bottom portion of this Exhibit #3 and what is the diagnosis that Dr. Miller made here? -- MR. GREENFIE~: Objection. ~ VIDEOGRAPHER.' O~the record. ~ MR. GREENFIELD: H ~x~:,~ s a y . This is an opinion of a ~XOctor as opposed~history or a physical ~ somethi~ ~e. ~ ~ ~AN: We c~n go b~. VI~~HER: We re ba~ ~ ~ ivldeo recor~ ~ ~. / MR. SHIPMAN: Doctor, if you would LYN RUBENSTEIN & ASSOCIATES 215-546<)006 DR. MICHAEL G. B£NNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 please tell us what the diagnosis Dr. Miller on that date? THE WITNESS: His diagnosis 37 was from for this date is, discogenic disease of the lumbar spine, cellulitis, left wrist, resolving fractures, ribs and contusions. MR. SHIPMAN: Doctor, I'd like to show you another exhibit. This is Defense Exhibit #4. Can you tell me what this is, please? THE WITNESS: This is radiographic report from Gary MR. SHIPMAN: What's this particular report? THE WITNESS: MR. SHIPMAN: spine is being examined referenced here? THE WITNESS: the low back. MR. SHIPMAN: Dr. -- Dr. Leidy was the practice you assumed? LYN RUBENSTEIN & ASSOCIATES a Leidy, D.C. the date of February 8, 2000. What part of the here or is The lumbar spine, And was chiropractor whose 215-546<)006 DR. MiCHaEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE WITNESS: MR. SHIPMAN: radiographic analysis paragraph there, it says, That is correct. Looking at the in the fourth diminished disc 38 joint height with associated osseous changes noted at the following levels: L5-S 1; can you tell us what that means, please? THE WITNESS: Diminished disc height means that the disc is actually shrunk down; it can be mild, moderate or severe and osseous changes means that the bone starts to decay and forms spurs that attempt to fuse with the bone above and below it. MR. SHIPMAN: Is that something that develops over time? THE WITNESS: Degenerative disease does develop over time. MR. SHIPMAN: And then the next sentence here it says, diminished disc height with associated osseous changes consistent with middle stages of I read that degenerative joint disease; did correctly? LYN rUBENSTEiN 8: ASSOCIATES 215M546~0006 DR. MiChAEL G. BENNESE 1 2 3 4 $ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE WITNESS: Yes. MR. SHIPMAN: Can you tell us what degenerative joint disease is? '" %MR. GREENFIELD: 6~ection. MR. G~NFIELD: That was ~ady answ~; asked N~d answered. MR. SHIPMA%I d like to take theX~ d o c t o r ' s.,,a n ;.w,e r, ~? % We didn't referen%his ticular report before. ~ MR. GREENFIELD: The J~x has ~ his answer, but you ~ ask it again. ~ , video d:oDr~~'~APHER: We re back on MR. SHIPMAN: In reference to this X-ray report done on February 8, 2002, what is Dr. Leidy's -- what is he referencing here, degenerative joint disease of what area.') THE WITNESS: degenerative joint disease LYN rUBENSTEiN & ASSOCIATES He's referring to of the L5-S 1 215-546~006 Dr. MiCHaEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 area, that means the fifth lumbar in the first sacral area. to take please; correct 40 MR. SHIPMAN: Doctor, I'd like you a look again at Defense Exhibit #3, that's the report from Dr. Miller. Back in the history section, am I that Mr. -- Dr. Miller has a statement here -- he states that, the herniation probably was on the left side; do you see that statement? THE WITNESS: Yes, I see that. MR. SHIPMAN: Now, as of that -- as of the time of that, had the MRI that you referred to been taken yet, been performed? If you look at the bottom of the report from Dr. Miller, Exhibit #3, it says, will send for MRI of the lumbar spine; do you see that? THE WITNESS: Yes, I see that. MR. SHIPMAN: So, would I be correct that the statement, he states that the herniation problem is on the left side was before an MRI? LYN rUBENSTEIN & ASSOCIATES 215-546<)006 DR. MiCHaEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE WITNESS: This was August 30th, 1999, and the MRI was September yes, it was before the MRI. MR. SHIPMAN: Thank you, Doctor. have. couple. REDIRECT Those are all the questions I MR. GREENFIELD: Doctor, just a EXAMINATION. MR. GREENFIELD: While you have those exhibits in front of you, if you turn to Exhibit # ! , which is the emergency room record, I think from a Dr. D'Agostino, if you look at that document and there was some discussion this, what was the Dr. D'Agostino? THE WITNESS: impression, is fractured right ribs secondary to a accident. 41 9; so on cross-examination about diagnostic impression of The diagnostic ribs, fractured motor vehicle MR. GREENFIELD: Are you familiar with fractured ribs and what kind of pain that can generate in an individual? LYN RUBENSTEIN & ASSOCIATES 215~546 006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DR. MICHAEL G. BeNNeSE the cause pain? 42 THE WITNESS: Yes, I am. MR. SHIPMAN: Can you describe for jury whether or not fractured ribs can pain that masks in any way, back THE WITNESS: Fractured ribs, depending on where the fracture site is, can be in the front or in the back or it can cause sharp localized pain and mimicking low back pain. MR. GREENFIELD: With respect to this report from Dr. D'Agostino, defense counsel asked you and referenced how the neck was supple and non-tender, did this can tell, even low back? No, it does not With respect to this indicated it 30, 1999 based doctor, from what you physically examine the THE WITNESS: appear. MR. GREENFIELD: Exhibit 3, Dr. Miller's report, particular report, I think you was from the visit of August upon the date at the top? THE WITNESS: Yes. LYN RUBENSTEIN & ASSOCIATES 215-5464:)006 DR. MiChaEL G. BeNNESe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 43 MR. GREENFIELD: Down by the signature, what is the date it was signed? THE WITNESS: It looks like September MR. same 7, 1999. GREENFIELD: Do you have the documentation, have you ever seen documentation which would suggest that there was this 1981 history of discogenic disease that Mr. Brown experienced according to this record? of this practice, in reviewing other as you did in this case practices, are mistakes history sections? THE WITNESS: be made, whether from the patient or from the down. which THE WITNESS: No, I have no record apparent, 1981 discogenic disease. MR. GREENFIELD: In your own records such as well as other often made in Well, mistakes can an errant note from doctor writing it MR. GREENFIELD: Ail right. After looking at this document you've indicated wasn't even in your LYN RUBENSTEIN & ASSOCIATES 215M546~DO06 DR. MiChAeL G. BeNNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 file before you testified, do you have any reason to change your opinion that the herniated disc and resultant injury is a 44 result of this motor vehicle accident? THE WITNESS: No; I still believe that the injuries sustained with Mr. Brown, were a result of the motor vehicle accident. MR. GREENFIELD: Lastly, Defendant's Exhibit 4, talks about the X-ray that was done by your predecessor Dr. Leidy, and I talked to you about middle stages of degenerative joint disease. A degenerative joint trauma related or from? herniated disc, is that disease or is that where does that come THE WITNESS: Herniated discs for the most part are the result of some sort of trauma, direct trauma. MR. GREENFIELD: Thank you. That's all I have. MR. SHIPMAN: Thank you, Doctor. VIDEOGRAPHER: This concludes iYN rUBENSTEIN & ASSOCIATES 215-5464~)006 Dr. MiCHaEL G. BENNESE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 today' 2:45 s deposition. We are now Thank you. Videotaped p.m.). going off the deposition LYN rUBENSTEiN & ASSOCIATES 45 record. concluded at 215N546~)006 DR. miCHAEL G. BENNESE C E N T I F I C A T [ O N I , Klm T ow a r nic ki, a Professional Shorthand Reporter, do hereby certify that the proceedings, evidence, and objections upon the deposition of DR. MICHAEL B E N N E S E , are contained fully and accurately in the stenographic notes, taken by me upon the foregoing matter on March 12, 2004 , and that this is a true and correct transcript of same. K I M T OWA R N I C K I Professional Shorthand Reporter [THE FOREGOING THIS TRANSCRIPT DOES NOT REPRODUCTION OF THE SAME UNDER THE DIRECT CONTROL THE CERTIFYING REPORTER), CERTIFICATION OF APPLY TO ANY bY ANY MEANS, UNLESS AND/OR SUPERVISION OF ...... 15b73e4b7547de3915b73e4b7547de39- LYN RUBENSTEIN & ASSOCIATES 215M5464D006 WORD INDEX PAGEt DR. MICHAEL G. BENNESE ability 23:22 absorber 15:17 absorbs 15:23 accident 13:6,9 22:16,24 23:17,20 29:7,8,10 30:3 30:9 33:21 34:19 41:21 44:4,8 accidents 9:2,9 accredited 6:8 accurately 46:8 act 22:5 active 19:19 20:11,19 activities 19:20,22,24 20:1 21:2,5,15 23:23 24:2 activity 25:14,16 acute 8:24 ADL21:2,6 advise 24:6 advised 24:10 affect 7:1 17:20 20:16 afternoon 4:8 5:16 ago 24:16,17 agreed 4:1 alignment 7:11 allowed 7:11 allowing 17:3 American 8:12 analysis 38:3 anatomy 15:3,9 AND/OR46:19 answer 33:4 39: 10,14 answered 39:8,8 anytime 14:20 apologize 35:20 apparent 43:12 apparently 13:15,22 26:6 32:15 appear 42:18 APPEARANCES 2:1 appears 31: 15 34:16 APPLY 46:18 appointment 25:2,5 approximately 13:6 19:13 27:21 28:18 35:12 April 10:21 area9:16 15:9 39:22 40:1 40:2 arts 6:24 asked 39:8 42:13 asking 28:9 associated 38:5,21 Associates 1:20 4:12 Association 8:12, 13 associations 8:10 assume 27:24 assumed 37:24 attempt 38:13 attention 12:3 attorney 2:4,8 9:22 attorneys 4:23 August 22:16 41:1 42:22 automobile 9:2 34:18 available 24:7 aware 29:12 34:2 13:15,22 14:18 17:1 19:10 20:5,19 21:4,18 21:19 22:20 23:4,11,15 24:6 25:2,10,14 27:12 28:23 29:6,12 30:7,19 32:18 33:19 34:15,17 43:9 44:6 Brown's 14:2 16:16 22:10 34:3 brushing 20:2,3 C46:1,1 calf 18:6 called 15:17 21:15 calling 5:23 camera 5:8 _ _ _ B _ caption 4:16 B3:8 back 12:14 15:9 17:17 18:5 19:14 23:6 25:21 26:5 27:5 28:13,17,24 29:7,10,13 30:19 31:14 33:6,20,24 35: 1, 10,23 36:1,21,22 37:21 39:16 40:6 42:4,8,10,16 based 42:22 basically 8:20 beginning 1:14 32:12 behalfS:3 believe 7:10 14:18 20:20 22:15 29:1 44:5 bending 20:2,7 Bennese I: 12,13 3:3 4:22 5:12 9:15,20 10:9 11:22 24:24 28:22 29:20 46:7 better 15:21 19:10 34:22 big 18:8,11 bit 13:1 22:18 body 16:8 22:8 bone 15:16 38:12,13 bones 15: 13, 15- 16:3 32:13 bottom 36:12 40:16 bout 19:11,18 bouts 13:9,23 19:4 branch 6:24 break 12:11 bringing 23:8 Broad 2:3 Brown 1:4 4:16 5:4,19,21 12:4,7,8,22 13:4,5,13 care 9:13 18:16,23 19:1 19:18,19 27:9 case 4:16 5:20 9:23 11:18 14:13 16:8 20:5 32:11 43:15 CAT 14:10 cause 17:6,10 25:17 42:4 42:9 causing 17:11 18:6 21:24 ceHulltis 37:5 certificate 10:20 certification 4:3 46:18 certify 46:5 CERTIFYING 46:20 cervical 31:12,21 change 44:2 changes 38:5, 11,21 chemical 17:10 chest 30:14 31:12 chiropractic 6:3,9,11,14 6:19,23 8:2,3,12,13 9:16 10:16,19 11:23 14:8 28:2 chiropractor 6:4,17,22 6:23 7:2,23 10:6 18:13 37:23 chronic 8:24 9:11 civil 1:6 11:18 clarify 28:16 client 28:11 college 6:7,13,14 8:2 10:14 come 16:14 22:19 25:21 44:16 LYN RUBENSTEIN & ASSOCIATES 215-546 D006 DR. MICHAEL G. BENNESE comes 17:7 coming 12: 10,14 16:5 19:14 comments 26:23 Common 1:1 4:18 Commonwealth 6:20 10:22,24 complain 33:20 complained 30:19 complaining 30:13 complaint 33:23 compose 19:23 computer 21: 12 conclude 23:2 concluded 45:5 concludes 44:24 conclusion 14:3 22:19,22 concussion 31:5 condition 23:10 confirm 17:14 consciousness 30:9 consist 20:13 consisted 20:14 22:2 consistent 23:5 38:22 consistently 23:19 consisting 18:16 19:1,1 contained 46:7 continuing 35:6 CONTROL 46:19 contusions 37:6 copies 34:10 copy30:1 31:18 34:13 cord 22:9 correct 10:3,8 11:3,5,19 11:20 18:21 25:3,4,8,18 27:23 28:20 30:4,7,14 31:2,3,6,24 33:10,14,18 34:16,20,21 38:1 40:7 40:22 46:11 correctly 10:1 24:24 33:2 35:13 38:24 counsel 3:14 4:2 29:19 42:13 County 1:1 4:18 couple 8:14 41:8 course 11:10 23:19 court 1:1 4:18 8:16 Cross 3:5 cross-examination 9:17 24:22 41:15 Cumberland 1:1 4:18 current 8:21 PAGE2 currently 7:16 direct 3:4 5:24 22:23 cut 16:7 44:20 46:19 ........ disability 21:5,8,10 .... D __ disabled35:ll D3:l daily 19:20,22,24 20:1 21:2,15 23:23 24:3 date 1:15 4:13 30:2 33:23 35:4 37:2,4,14 42:23 43:2 day25:15 33:13,21 34:23 dealS:10 deals 6:24 decay 32:13,15 38:12 December 10:4 12:9 18:20 20:21 21:19 24:14,15 25:1 26:5,13 27:9 decrease 21:9 decreased 18:6 19:20 Defendant 2:8 Defendant's 44:10 defense 29:22 31:19 37:9 40:4 42:12 Defense- 1 3:10 Defense-2 3:11 Defense-3 3:12 Defense-4 3:13 deficits 31:1 degenerative 31:24 32:5 32:10,16,18 33:11 35:22 38:17,23 39:3,21 39:24 44:13,15 de~ree 10:20 depS:17 depending 42:7 deposition 1:11 4:10,20 8:16 22:14 45:1,5 46:7 DEP$1:22 describe 15:8 42:2 described 16:19 DESCRIPTION 3:9 detail 20:5 develop 38:18 developed 13:8 develops 38:16 dia&mosis 21:21,21,23 22:1 23:8 36: 12, 14 37:1 37:3 diagnostic 14:1 41: 16,18 difficulty 20:6 diminished 38:4,8,20 disc 13:8 14:4 15:11,18 15:18,19 16:18,23 17:15 20:17 21:24,24 22:11,15,23 23:5,12 25:13 32:14 36:9 38:4,8 38:9,20 44:3,14 discharge 27:11 discharged 19:12 26:15 26:24 27: 10,12 discogenic 35:9,16 36:6 37:4 43:8,12 discs 44:18 discussion 41:15 disease 31:24 32:5,10,16 32:18 33:11 35:10,16 35:22 36:6,9 37:4 38:18 38:23 39:3,21,24 43:9 43:12 44:13,15 doctor4:21 5:8,17 6:3 7:24 11:24 12:3 27:8 28:15 30:18 31:17 33:8 34:1 35:7,13 36:18,24 37:7 40:3 41:4,7 42:15 43:20 44:23 doctorate 10:15 doctor's 3:12 39:10 document 41:14 43:23 documentation 43:6,7 doing 8:17 Dr 1:12,13 3:3 4:22 5:12 9:15,20 10:7,9 11:22 12:6,13,18 13:12,14,19 24:24 28:22 29:20 34:8 34:14 35:8 36:5,10,14 37:2,23,23 39:20 40:5,7 40:17 41:13,17 42:12 42:20 44:12 46:7 due 8:23,24 9:11 12:14 16:12 dulyS:13 D'A~ostino 41:13,17 42:12 D.C37:13 E3:1,8 46:1 early 10:18 effect 22:2 23:24 LYN rUBENSTEIN & ASSOCIATES 215-546-0006 either 8:16,23 electric 26:8 electrical 13:16 19:2 emergency 3:10 30:1,23 31:11 41:12 Enola 1:9,13 4:14,15 7:17,18 8:2 10:2 errant 43:19 ESQUIRE 2:2,6 everyday 15:24 evidence 46:6 evidently 25:19 33:20 exacerbation 25:7,13 27:13,17 exacerbations 19:16 23:16 25:11 exactly 6:22 20:12 exam31:12 examination 5:24 12:21 12:24 13:3,7 22:21 23:2 23:7 30:22 36:11 41:9 examine 42:16 examined 5:13 37:18 example 21:3 Excelsior 6:13 10: 14,17 exercises 20:14 exhibit 29:22 31: 19 34:12 36:13 37:8,9 40:4 40:17 41:12 42:20 44:10 exhibits 3:14 29:18 41:11 expect 23:24 expected 19:14 23:11, 15 experience 23:15 25:10 experienced 19:3 43:9 expert 5:23 9:16 11:22 DR. MICHAEL G. BENNESE 44:1 filed 4:17 films 14:9,9,10, 10,12 final21:21 find 12:21 findings 23:5 30:24 firm 15:20 first 11:17 12:7,8,12 13:3 18:19 19:11 29:17 40:2 five-academic-year 6:8 fixing 19:8 flare 23: 15,18 24:5,10 focal31:l followed 6:7,13 following 34:18 38:6 follows 5:14 foregoing 46:9,18 form 4:5 32:24 formed 16:4 forms 38:12 forth 23:23 found 13:7 four 25:20 29:17 fourth 35:8 38:3 fracture 42:7 fractured 41:19,19,23 42:3,6 fractures 37:6 free 26:I0 front 15:7,15 41:11 42:8 fuli4:21 fully 46:8 function 7:11 23:22 further 24:7 fuse 38:13 future 23:11 24:1,4 25:6 explain 5:22 16:15 ...... __ _ F _ _ G1:12,133:3 Gary 1:6 4:17 37:13 gehtinons 15:20 general 18:16 generally 32:19 generate 41:24 generated 21: 12, 13 gentlemen 4:9 give 8:19 12:5,7 given 23:12 30:7 go6:10,11 15:3 16:7,9,13 18:10 20:4 35:23 36:21 goingS:9 12:22 19:17 F2:2 46:1 fair 19:7 27:24 fall 20:20 familiar 41:22 family 34:4 far 23:22 February 37:16 39:19 feel 16:11,12 feeling 19:10 34:22 field 11:23 fifth 40:1 file 12:18 13:2,14 14:2 LYN rUBENSTEIN & ASSOCIATES PAGE3 20:16 29:21 33:3 45:2 GOLDBERG 2:5 good4:8 5:16 20:17 21:9 23:14 gooey 15:21 16:24 17:3 graduate 10: 12, 17 graduated 10:9,14 Greenfield 2:2,2 3:4,6 5:2,3,16,18 6:1 9:14 12:1,2 15:6 16:17,21 17:13 24:19 26:16,19 28:4,7 32:21,23 35:17 35:20 36:15,17 39:4,7 39:13 41:%10,22 42:11 42:19 43:1,5,13,22 44:9 44:21 ~uess 35:21 guy28:9 H3:8 hair 20:3 hand 16:12 happen 7:23 happens 17:6 hard 15:16 17:3 harder 16:24 Harrisburg 2:7 9:22 30:2 34:3 healing 6:24 health 9:13 heard 39:14 Hearsay 36:17 height 38:5,9,21 held 1:12 help 14:2 19:19 herniated 13:8 14:4,24 15:11 16:18 17:15 21:24 22:10,15,23 23:5 23:12 44:3,14,18 herniation 17:18 40:9,23 historical 23:4 history22:20 23:1 28:22 29:1,4,7 30:7 33:23 34:16 35:7,9 36:19 40:6 43:8,17 hobbies 20:9 hole 16:4,5 17:7 hospital 30:2 31: 18 hurting 35:1 2 1 PAGE 4 DR. MICHAEL G. BENNESE idea 12:5,7 know25:23 29:3 35:16 37:20 40:1,18 identified 14:6 23:13 36:7 lumbosacra122:4,7 identify4:24 29:22 ---- -- Lyn 1:20 4:12 impingement 15:1 17:24 ..... ~L ..... LS-Sl 14:24 38:6 39:24 impossible 28:12 impression 41:16,19 including 32:19 tncoordination 22;3 increase 19:19 index 21:2,6 indicate 17:21 30:23 indicated 29:6 30:8 42:21 43:24 indicating 22:14 individual 41:24 inflammation 17:11 initially 18:24 26:5 injuries 8:24,24 9:12 12:14 16:16 44:6 injury 17:1 18:14,18 19:4 19:15,21 23:16 25:13 29:13 44:3 inner 15:21 inside 16:24 17:4 internship 8:7,8 intervertebra115:18 20:17 21:24 involve 25:16 involved 9:1 13: 5 involving 33:12,12 items 20:2 laok 15:21 ladies 4:9 large 14:18,23 Lastly 44:9 late 22:2 24:13 lateral 14:24 17:19 lead 26:20 learn 14:9, 17 learned 13:2,5 leave 27:15 left 14:23 15:1 17:19,20 18:1 23:5 27:14 37:5 40:9,23 leg 16:9,10,12,13 18:5,10 Leidy 10:7 12:6,13 13:12 13:14,19 37:13,23 44:12 Leidy's 12:18 39:20 let's 12:3 levels 38:6 license 11:1 licensed 6:19 10:22,24 11:4,6 life 17:5 lifting 25:15 29:13 ligaments 16:10 line 35:8 lines 19:6 Httle 13:1 15:3,17 20:4 James 1:4 4:16 5:4,19 34:2,15 January 27:16,20 28:18 JeffS:5 9:20 JEFFERSON 2:6 Johnetown 6:12 10:10 10:13 joint 22:3 38:17,23 39:3 39:21,24 44:13,15 juryS:22 13:1 15:4 19:23 22:18 39:13 42:3 22:18 live 15:14 living 19:20,22,24 20:1 21:3,15 23:23 24:3 localized 42:9 location 4:14 long 7:19 look 14: 12,15,20 29:4,5 40:4,16 41:14 looking 13:14 30:6,21 35:21 38:2 43:23 looks 13:22 43:3 lose 30:8 IKATZMAN 2:5 Klm 1:15 46:4,15 kind8:20 13:11 14:10 18:2,14,22 19:23 41:23 kinds 9:5,7,8 knee 18:5 lot 26:22 1ow23:6 31:13 33:20 37:21 42:10,16 lower 33:24 low-back 18:4 lumbar 32:19 33:16 37:5 LYN RUBENSTEIN & ASSOCIATES main 16:14 maintain 9:13 maintenance 9:13 majority 8:22 man21:22 manipulation 18:17 19:2 20:16 manipulations 13:17 26:8 Marc 2:2 5:2,18 March 1:9 4:13 11:2 46:10 marked 29:21 31:19 Market 2:6 masks 42:4 matter 46:9 means 15:4 17:20 32:4,9 36:8 38:7,9,11 40:1 46:19 meohantca113:15 17:9 medication 7:3,13 medicine 6:20 7:8 9:17 11:4 member 8:9,11 mention 29:8,9 Michael 1: 12,13 3:3 4:22 5:12 46:7 middle 32:1 38:22 44:12 mild 31:23 32:5,16 33:11 38:10 Miller 34:2,14 35:8 36:5 36:10,14 37:2 40:5,%17 Miller's 34:8 42:20 mimicking 42:i0 mind 28:11 mistakes 43:16,18 model 15:6,8 moderate 21:7 38:10 months 19:13 24: 16,16 25:19,20 26:10 27:21 35:12 motion 16:1 22:4 motor9:9 13:6 22:16,24 23:17 41:20 44:4,7 move 27:2 MRI 14:5,10,13 17:14,18 215-546~:)006 DR. MiChAEL G. BENNESE 17:21 40:13,18,24 41:2 41:3 muscle 13:16 18:17 19:2 muscles 16:9 muscular 22:3 musculoskeletal 8:23 offer 9:15 offered 11:18,22 office 24:8 26:1 34:13 offices 1: 12 Okay 14:22 16:20 17:21 26:3 on-the-job 8:4 opinion 36:18 44:2 N3:l 46:1 name 4:11,21 5:5 9:20 nature 16:2 20:4 neck31:7 32:12,13,14 33:12 42:14 need7:12 14:21 26:9 needles 18:7 negating 7:12 nerve 15:1 16:6,14 17:7 opportunity 8:15 12:18 opposed 36:19 origin 15:2 orthopedic 11:15 orthopedics 11:4,7 osseous 38: 5, I 1,21 osteopathic 34:2 Oswestry 21:16 outer 15:20 16:23 17:3 Page 5 personally 13:4 18:20 pertains 32:11 Philadelphia 1:21 2:4 physical 12:21,23 13:2 30:22 35:11 36:11,19 physically 42:16 physician 30:23 34:3,4 physicians 11:12 pick 7:22 20:2 pinch 17:9 pins 18:7 Pittsburgh 6:12 10:10,13 plaintiff2:4 5:3,19 Plaza 1:14 Pleas 1:1 4:18 please 16:21 29:23 36:3 37:1,11 38:7 40:5 17:10,12,20,22 18:1 nerves 7:11 16:6,13,13 nervous 7:1 neurologic 30:24 31:1 neuromuscular 20:15 New6:14,14 8:1,8 10:15 nine 27:21 non-tender 31:8 42:14 normal 30:24 normally 7:12 16:23 North 1:13 4:14 7:18 note 3:12 26:19 34:13 .......... point9:14 13:17 18:22 PA 1:21 2:4,7 page 3:2,9 32:1 pain 13:9 18:4 23:6 25:7 25:11,17,20 26:10 28:1 28:10 29:10 30:13,19 33:21 41:23 42:4,5,%10 paperwork 34:6 paracentra114:23 17:19 paragraph 38:4 part 7:8 8:3 14:8 22:7 21:20 25:3 27:10 29:16 portion 34:14 35:7 36:13 positive 23:7 possibility 7:12 posterior 23:6 practice 6:19 7:18,22 8:21,23 10:2,5 11:4,6 11:11 37:24 43:14 practices 43:16 predecessor 27:2 44:11 prescribe 7:2 18:23 43:19 noted 31:2 38:6 notes 29:11 46:8 November 21:6 nucleus 14:24 Number 3:9 4:19 numbers 21:11 numbness 18:7 ___ 0 .... patients 8:20,22,23 9:5,8 37:17 44:19 partieularT:7 8:9 16:8 18:12 27:17 33:13,17 37:15 39:12 42:21 pass 6:16 passive 18:16 19:1,18 27:9 patient 15:14 34:15 43:20 prescribed 18:24 prescribing 20:12 prescription 19:6 present 4:24 21:10 presented 22:21 23:4 29:17 pressing 17:22 pressure 17:6,8 previous 19:4 previously 12:15 22:13 O46:1 object 32:23 objection 11:21 26:16,20 28:4 32:21 35:17 36:15 39:4 objections 4:4 46:6 objects 17:16 obtained 23:14 obtaining 10:15 28:22 occasion 33:17 occur 18:9 24:4, 11 occurred 17:19 October 20:20 21:3 9:11,12 11:11,14 Pennsylvania 1:9 4:15,19 6:20 7:17 8:11 10:2,23 people 9:1 percent 21:4,7,10 perform 18:13 25:14 performed 12:23,23 13:20 14:5 15:10 17:14 22:22 30:22 36:11 40:15 performing 21:5 period 20:18 26:6,14 27:22 28:3 LYN RUBENSTEIN & ASSOCIATES pre-marked 29:18 pre-professional 6:6 primary 21:23 prior 10:5 28:24 29:8,9 private 7:17 probably 40:9 problem 19:8,14 23:12 27:4 40:23 problems 24:8 28:24 29:7 procedures 23:7 proceeded 20:21 proceedings 46:6 215~546-0006 DR. MICHAEL G. BI~NNESE produce 18:2,3 profession 6:2 7:9 8:10 Professional 1:16 46:4 46:15 Professionally 7:15 program 6;8 8:7 21:12 pulposus 14:24 P. C2:2~5 question 4:5 26:21,24 27:4 32:24 33:2,4 36:3 questionnaire 21:14,16 questions 21: 14,14 41:5 quite 19:10 21:1 PAgE 6 refers 34:15 reLmrding 21:15 region 22:4,10 33:12 regularly 12:11 rehabilitation 20:14 22:6 reject 17:15 related 22:15 44:16 relatively 15:19 26:7 repeat 36:2 repetition 15:24 repetitive 9: I 1 20:7 report 3:10,11,13 14:15 30:1,18 31:8,11,18 37:13,15 39:12,19 40:5 40:17 42:12,20,21 Reporter 1:16 46:5,16,20 Road 1:13 4:15 7:18 room 3:10 30:1,23 31:11 41:12 root 15:1 16:6 17:12,20 17:22 18:1 Rubenstein 1:20 4:12 running 16:1 83:8 sacral 40:2 ~avas 4:11 saw 12:7,8,12,17,20 14:1 18:19,22 21:17 25:1 26:4 says 17:24 31:1 32:5 35:1 ....... represent 5:19 9:23 .... R__ _ - 29:24 R46:1 radiating 18:5 23:6 radiographic 3:13 37:13 38:3 radiologist 11:8,9 14:7 32:4 range 16:1 22:4 react 19:5 reaction 17:11 read 14:9 32:16 35:13 38:23 reading 4:2 real 17:5 rear 15:15 reason 7:7 12:4 44:2 receive 10:19 11:I received 34:6 recheck 34:18 recordS:l,10 26:18 27:6 28:6,14 32:22 33:7 35:19,24 36:1,16,23 39:6,17 41:13 43:10,11 45:2 recorded 1:15 records 13:19 14:20 26:11 28:16 34:8 43:14 Redirect 3:6 41:9 reduction 21: 1 refer 11:11,14 26:11 reference 39:11,18 referenced 37:19 42:13 referencing 39:20 referred 40:14 referring 36:5 39:23 REPRODUCTION 46:19 require 33:3 required 20:8 25:21 28:1 reserved 4:5 resolving 37:6 respect 13:12 42:11,19 respond 20:24 responded 21:1 restate 27:3 result 13:8 19:15,21 22:23 32:14 44:4,7,19 resultant 44:3 resulted 19:7 resulting 36:9 results 19:7 23:14 31:21 retained 3:14 29:19 retiring 7:24 return 13:23 24:8,10 25:17 26:9 27:18 returned 19:12 23:19 27:19 returning 34:17 review 12:18 reviewing 43:14 Revised 21:16 re-education 20:15 ribs 35:3 37:6 41:19,20 41:23 42:3,6 right 6:15 7:14 10:15 12:1,16 15:22 17:9 20:10 22:12 23:9 24:12 24:15 25:22 30:13 31:14 35:5 41:20 43:22 rim 16:24 17:3 LYN RUBENSTEIN & ASSOCIATES 38:4,20 40:18 scan 14:10 school 6:9 8:1,5 14:8 scored 21:4 sealing 4:3 secondary 41:20 section 36:12 40:6 sections 43:17 see 8:20,22 9:1,4,4,7,12 12:10 13:18 25:2,6,21 28:17 29:5 30:17 32:2 33:15 40:10,11,19,20 seeing 26:13 seen 12:13 24:13 27:21 28:10 34:7,9 43:6 seep 17:4 send 40:18 sensation 16:11 18:6 sentence 38:20 September 27:19,20 28:19 41:2 43:4 series 19:19 21:13 seven 19:13 severe 21:4 38:11 sharp 18:4 42:9 shell 15:20 Shipman 2:5,6 3:5 5:5,6 9:18,21,24 11:21 24:23 27:7 28:15,21 29:17,20 30:6,12,17,21 31:4,7,10 31:17 32:3,7,17 33:5,8 33:15,19 34:1,7,11,21 35:3,6,15 36:4,10,21,24 37:7,14,17,22 38:2,15 38:19 39:2,9,18 40:3,12 40:21 41:4 42:2 44:23 2 1 PAGE7 DR. MICHAEL G. BENNESE shock 15:17,23 Shorthand 1:16 46:5,15 show 29:21 31:20,23 34:12 37:8 shower 20:3 showing 33:11 shrunk 38:10 side 15:21 16:1,2 30:14 40:9,23 signature 43:2 signed 43:2 signing 4:2 signs 31:4 similar 19:3 simplest 20:1 simultaneously 24:4 site 42:7 size 15:22 slight 32:12 somebody 25:10 sort 25:15 26:20 44:19 Sosangelis 4:11 · outh 2:3 SPEAR 2:2 speculate 25:24 28:10 speculation 28:8 spinal 15:13 18:17 20:15 22:9 spine 7:1,10 31:12,22 strike 26:20 27:2 studies 6:6,16 14:1 study 15:10 33:10 subject 9:17 success 13:18,21 suffer 24:3 sufficient 28:1 suggest 43:7 Suite 1:20 2:3 summarize 13:11 Summerdale 1:14 SUPERVISION 46:19 supple 31:7 42:14 sure 9:18 15:5, 12 16:17 33:1 36:4 surgeons 11:15 surgery 7:5,8,13 suspect 24:2 sustained 12:15 13:9 14:18 17:1 22:24 29:12 44:6 swear 5:7 sworn 5:13 symptoms 13:22 18:2,3 31:5 33:24 syndrome 22:1 Syracuse 8:8 system 7:1 SI 15:1 18:1 32:11,19,20 33:16 37:5 37:18,20 40:19 sprain 22:2 spurs 38:12 Square 2:7 stages 38:22 44:13 start 7:21 32:14 started 19:18 20:20 22:14 26:13 starts 38:12 statement 40:8,10,22 statements 26:22 states 30:11,12, 16 34:22 35:8 40:8,22 stenographic 46:8 stenographically 1: 15 stiffness 22:3 stimulation 13:16 18:17 19:2 26:8 straight 8:1 strain 9:11 22:2 Strawberry 2:7 Street 1:20 2:3,6 therapy 13:17 20:19 35:11 thigh 23:7 thing 14:10 things 16:2 19:23 20:4 think25:9 26:23 41:13 42:21 thought 17:15 three 24:16 25:19,20 time 4:6 9:15 11:17 12:8 18:20 19:17 20:18 21:17,20 22:1 23:16,20 25:1 26:6,14 27:1,22 28:3 29:16 31:14 38:16 38:18 40:13 tingling 18: 7 today8:17 today's 4:20 45:1 toe 18:8,11 told 12:6 top 34:14 42:23 touching 17:16 Towarulckt 1:16 46:4,15 traction 13:16 18:18 19:3 trained 6:5 training 8:3,4 transcript 46:11,18 trauma 22:23 44:16,20 44:20 ...... ?~ ...... treated 13:15 14:3 19:11 T3:8 46:1,1 take 12:20 29:3,5 39:9 40:4 taken 40:14 46:9 talked 44:12 talking 22:8 talks 44:10 tearing 17:2 teeth 20:3 tell 13:1 19:23 22:18 37:1,10 38:7 39:2 42:15 temporary 13:21 ten21:14 tender 35:4 term 1:6 15:21 terminology 32:8 testified 5:13 27:8 44:1 testify 8:16 testimony 11:18 Thank9:19 11:24 24:21 41:4 44:21,23 45:3 21:19 22:5 26:5 27:8 treatment 12:12 13:12 13:19,24 18:12,24 19:6 19:7 20:12 23:18 26:7 27:16 28:2 29:9 trial4:6 trigger 13:17 true 31:16 46:10 turn 12:3 41:11 two7:20 15:13 24:16 type 18:18 19:15 21:11 uncommon 25:9, 12 undergraduate 6:7, 10,13 underlying 23:12 understand 10:1 11:17 15:4 24:24 26:4,15 28:16 32:4 understanding 8:19 32:8 understood 33:2 LYN RUBENSTEIN & ASSOCIATES 215-546 )006 Dr. MichaEL G. BENNESE PAGE 8 university 6:7,12 10:10 10:12 updated 22:1 ups 23:16,18 24:5,11 use 20:18 utilized 18:18 writing43:20 21:3,19 24:14,15 25:1 .......... 27:16,20 28:18 ..... ~X~ __ _ 2004 1:9 4:13 46:10 X3:1,8 215 1:21 X-ray3:ll 14:9 31:13,13 2302:3 31:18,22 33:16 39:19 243:5 21:6,7,10 44:11 293:10 variety 18:3 _ _ _ ~Y ........ 3 ..... various 13:17 16:9 vehicle 9:9 13:6 22:16,24 23:17 41:20 44:4,7 versus 4:17 video 5:9 8:17 27:6 28:14 33:7 36:23 39:17 year 10:11,17 21:7 27:19 342:20 28:19 30 27:16 42:22 years 7:20 8:15 13:10 30th41:2 yellow 16:6 31 3:11 York 6:14,14 8:1,8 10:15 3202:6 ......... 343:12 VIDEOGRAPHER 4:8,23 ..... _Z~ .... 373:13 5:7 26:17 27:5 28:5,13 Zimmerman 1:6 4:17 5:6 32:22 33:6 35:18 36:1 9:23 _ 36:16,22 39:5,16 44:24 ........ 444:10 videotaped 1:11 4:10 45:5 visit 13:3 34:18 42:22 vs 1:5 waive d 4: 4 walking 15:24 20:2 Walnut 1:20 want 14:19 26:12 27:3 warranted 11:13 wasn't 43:24 way 18:8,10 20:17 42:4 weakening 17:2 went 35:10 we're 5:22 12:4 26:17 27:5 28:5,13 33:6 35:18 36:22 39:5,16 wish 9:12 withdraw 35:23 witness 3:2 4:20,22 15:12 16:20,22 28:20 30:5,10,15,20 31:3,6,9 31:15 32:2,6,10 33:14 33:18,22 34:5,9,20,24 35:5,14 36:2,8 37:3,12 37:16,20 38:1,8,17 39:1 39:23 40:11,20 41:1,18 42:1,6,17,24 43:3,11,18 44:5,18 work 7: 16,17 29:13 working 7:19 21:21 wrist 37:5 ......... 4th27:19 #1 29:22 41:12 41 3:6 #231:19 433 1:13 4:14 7:18 #336:13 40:4,17 4421:4 #4 37:9 ...... _0_ 5 3:4 01-521 1:6 4:19 546-9183 1:21 1-877-WE 1:22 726:9 43:4 1:45 1:14 1021:19 ...... 1010 1:20 826:9,10 35:12 37:16 12 1:9 4:13 22:16 46:10 39:19 15b73e4b7547de3915 46:24 1518 1:20 171082:7 1800 2:3 19102 1:21 2:4 1980s 29:14 1981 35:10 43:8,12 1999 13:6 22:17,24 34:19 41:2 42:22 43:4 2:45 45:6 2000 37:16 2001 10:2,4,21 11:2 2002 12:9 18:20 26:5,14 27:9 39:19 2003 10:18,18 20:22,23 941:2 LYN rUBENSTEIN & ASSOCIATES 215-546 )006 Jefferson J. Shipman, Esquire I.D. %: 51785 JOHNSON, DU~IE, STE~%RT &~EIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorney for Defendant JAMES BROWN, Plaintiff VS. GARY M. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 01-521 CIVIL TERM JURY TRIAL DEMANDED PP~ECIPE TO THE PROTHONOTARY: PLEASE change the address and telephone number for Jefferson J. Shipman, Esquire, attorney for the Defendant, to: Johnson, Duffie, Stewart 3~1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 & Weidner Telephone: (717) 761-4540 JOHNSON, DUFFIE, STEWART & JOHNSON DATE: 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and corect copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage repaid, at Lemoyne, Pennsylvania, on April 8, 2004: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Attorneys for Plainfiff JOHNSON, DUFFIE, STEWART & JOHNSON n, Esquire I.D.#: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant JAMES BROWN, Plaintiff V. GARY M. ZIMMERMAN, Defendant #6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO 01-0521 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 15th day of October, 2003, before Edgar B. Bayley, Judge, for the plaintiff is Marc F. Greenfield, Esquire, and for the defendant, Benjamin Andreozzi, Esquire. This is an automobile accident case that occurred in New Cumberland on April 12, 1999. Defendant admits liability. Plaintiff seeks general damages including lost wages for injuries including a large L5-Sl left paracentral and lateral herniated nucleus pulposus markedly deforming the left anterolateral aspect of the thecal sac, impingement upon the left SI nerve root, a L4-5 circumferential broad based disc bulge with impression on the thecal sac and multiple fractured ribs. Plaintiff claims he has full fact that the declaration sheet of his tort coverage despite the insurance policy in effect at the time of the accident denotes limited tort coverage. Plaintiff maintains he has no recollection of signing the waivers he argues are necessary for the issuance of a limited tort policy. This issue has to be resolved by a judge prior to trial. If counsel have not agreed to the status of the insurance coverage by Monday, October 27, 2003, they should notify this Judge. The case will be removed from the trial list and a hearing scheduled to resolve the insurance issue. If we do not hear from counsel by October 27, the case will remain on the trial list. # 18 JAMES BROWN, Plaintiff GARY M. ZIM/~ERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-521 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 25th day of February, 2004, before Edgar B. Bayley, Judge, present for the plaintiff was Marc F. Greenfield, Esquire, and for the defendant, Jefferson J. Shipman, Esquire. This is an automobile accident case that occurred on August 12, 1999. Defendant's negligence is admitted, causation and the amount of damages due is contested. Plaintiff seeks general damages for various internal injuries. Estimated time of trial, one and a half to two days. By the Court, Edgar B. Bayley, J. Marc F. Greenfield, Esquire Spear & Greenfiled, P.C. Ste. 1800, 230 South Broad Street Philadelphia, PA 19102 For the Plaintiff Jefferson J. Shipman, Esquire 320 Market Street P.O. Bex 1268 Harrisburg, PA 17108-1268 For the Defendant pcb JAMES BROWN, PLAINTIFF V. GARY ZIMMERMAN, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-0521 CIVIL TERM IN RE: LIMITED TORT ISSUE OPINION AND ORDER OF COURT Bayley, J., December 16, 2003:- Plaintiff, James Brown, filed a complaint against defendant, Gary M. Zimmerman, seeking damages for alleged negligence in an automobile accident on August 12, 1999. Defendant filed new matter, averring that on the date of the accident plaintiff was insured with limited tort coverage. Plaintiff, who lives in Harrisburg, Dauphin County, was insured by American States Preferred Insurance Company, of Indianapolis, Indiana, on a policy effective November 11, 1998, and renewed from March 9, 1999 to September 9, 19997 The Declarations for the coverage and the renewal set forth "LIMITED TORT." The Motor Vehicle Financial Responsibility Law (MVFRL), at 75 Pa.C.S. Section 1705(a), provides for an election of tort options as to financial responsibility requirements: (1) Each insurer, not less than 45 days prior to the first renewal of a private passenger motor vehicle liability insurance policy on and after July 1, 1990, shall notify in writing each named insured of the availability of two alternatives of full tort insurance and limited tort insurance described in subsections (c) and (d). The notice shall be a standardized form adopted by the commissioner and shall include the following The agent was Insurance World, Inc., of Linglestown, Dauphin County. 01-0521 CIVIL TERM language: A. "Limited Tort" Option--The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as set forth in the policy or unless one of several other exceptions noted in the policy applies. The annual premium for basic coverage as required by law under this "limited tort" option is $__ Additional coverages under this option are available at additional cost. B. "Full Tort" OptionmThe laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result of injuries caused by other drivers. The annual premium for basic coverage as required by law under this "full tort" option is $.__ Additional coverages under this option are available at additional cost. C. You may contact your insurance agent, broker or company to discuss the cost of other coverages. D. If you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph B and you will be charged the "full tort" premium. I wish to choose the "limited tort" option described in paragraph A. (Emphasis added) Named Insured Date E. If you wish to choose the "full tort" option described in paragraph B, you may sign this notice where indicated below and return it. However, if you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph B and you will be charged the "full tort" premium. -2- 01-0521 CIVIL TERM (Emphasis added) Named Insured Date The Declarations in the coverage at issue provide: "SUBJECT TO FORMS AND ENDORSEMENT... AU-19 PA (0790) TORT INFORMATION NOTICE." No notice under either 1705(a)(1) D or E was signed by the insured and returned to American States Preferred Insurance Company. Section 1705(A)(3) of the MVFRL provides: If a named insured who receives a notice under paragraph (1) does not indicate a choice within 20 days, the insurer shall send a second notice. The second notice shall be in a form identical to the first notice, except that it shall be identified as a second and final notice. If a named insured has not responded to either notice ten days prior to the renewal date, the named insured and those he is empowered by this section to bind by his choice are conclusively presumed to have chosen the full tort alternative. All notices required by this section shall advise that if no tort election is made, the named insured and those he is empowered to bind by his choice are conclusively presumed to have chosen the full tort alternative. Any person subject to the limited tort option by virtue of this section shall be precluded from claming liability of any person based upon being inadequately informed. In Donnelly v. Bauer, 720 A.2d 447 (Pa. 1998), the Supreme Court of Pennsylvania stated: This sole issue in these consolidated appeals is whether the Motor Vehicle Financial Responsibility Law ("MVFRL") requires that an individual, who applies for an original insurance policy after July 1, 1990, be provided with a specific form which contains premium information for both the full and limited tort options. While we find that the plain language of the MVFRL requires an individual purchasing an original insurance policy after July 1, 1990 to receive such premium information, we nevertheless affirm the order of the Superior Court because the MVFRL fails to provide a remedy to an individual who does not receive this information. (Footnote omitted.) -3- 01-0521 CIVIL TERM Unlike the facts in Donnelly, there is a remedy in the MVFRL where the insured has not returned to the insurer a signed notice under either Section 1705(a)(1) D or E. It is a conclusive presumption that the insured chose a full tort option. Section 1705(A)(3). Accordingly, any entry to the contrary in the Declarations in the coverage is not controlling. See Lucas v. Progressive Causality Insurance Company, 680 A.2d 873 (Pa. Super. 1996), alloc, denied, 693 A.2d 589 (Pa. 1997). Therefore, the following order is entered. ORDER OF COURT AND NOW, this ~;~' day of December, 2003, IT IS ORDERED that plaintiff's claim is not subject to limited tort coverage. By the Coup, Edg . Bayle~, J. ' Marc F. Greenfield, Esquire Suite 180 230 South Broad Street Philadelphia, PA 19102 For Plaintiff Jefferson J. Shipman, Esquire 320-E Market Street Harrisburg, PA 17101 For Defendant :sal -4- JAMES BROWN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GARY ZIMMERMAN, DEFENDANT : 01-0521 CIVIL TERM IN RE: LIMITED TORT ISSUE ORDER OF COURT AND NOW, this ~/~"~ day of December, 2003, IT IS ORDERED that plaintiff's claim is not subject to limited tort coverage. ,'/Marc F. Greenfield, Esquire Suite 180 230 South Broad Street Philadelphia, PA 19102 For Plaintiff v/Jefferson J. Shipman, Esquire 320-E Market Street Harrisburg, PA 17101 For Defendant :sal Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant JAMES BROWN, Plaintiff VS. GARY M. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND ,COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 01-521 CIVIL TERM JURY TRIAL DEMANDED PETITION TO ENFORCE DISCONTINUANCE OF THE CASF AND NOW, comes the Defendant, Gary Zimmerman, by and through his counsel, Johnson, Duffle, Stewart & Weidner, and files the following Petition to require formal discontinuance of the case following payment of the jury verdict: 1. The above civil case was tried to verdict during the March 15, 2004 trial term in Cumberland County with The Honorable President Judge George Hoffer presiding. 2. The jury returned a verdict in the full amount of $7,500 for the Plaintiff, Ronald Brown. 3. The Defendant, through his insurance carrier, paid the full amount of the verdict and mailed the settlement proceeds in the above amount to Plaintiff's counsel, Marc Greenfield, Esquire, on April 15, 2004. Please see attached copy of the settlement check and cover letter to Marc Greenfield dated April 15, 2004 as Exhibit "A". 4. That defense counsel has written to Plaintiff's counsel on several occasions requesting a Praecipe to Settle, Satisfy and Discontinue be filed with the Cumberland County Court. Please see attached correspondence marked Exhibit "B". 5. That Plaintiff's counsel has failed and/or refused to file a Praecipe to Settle, Satisfy and Discontinue the case. WHEREFORE, the Defendant, Gary Zimmerman, respectfullly requests that This Honorable Court issue a Rule to Show Cause Why the relief should not be granted and attorneys' fees awarded to defense counsel for the preparation and filing of this Petition. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER ~l.e-ff~r~on J. Shipman, Esquire D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant :231373.1-- ~ JERRY K DUFFLE RICHARD ~K STEWART C. ROY WEIDNEK JR. EDMUND O. M~ERS DAFID W DELUCE JEFFERSON J. SHIPMAN RALPH tZ ~RIOH'E JR. MARK C. DUFFLE JOHN R. NINOSKY MICHAEL d. CASSID Y MELISSA PEEL GREEPT ROBERTIvL WALKER WADE D. MANLE¥ LAW OFFICES JOHNSON, DUFFLE, STEWART & VqEIDNER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-01.09 WEBSITE: www.jdsw.com TELEPHONE 71%7614540 FACSIMILE 717-761-3015 E:MAIL: mall~jdsw, eom HORACE A. JOHNSON F. LEE SHIPMAN OF COUNSEL WRITER'S EXT. NO. 148 E'MAIL jjs~jdsw.com April 15, 2004 Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 Philadelphia, PA 19102 Re: Brown v. Zimmerman No. 0t-521 Civil Term Cumberland County Common Pleas Dear Mr. Greenfield: Enclosed is my carrier's payment of the verdict amount of $7,500. Also enclosed is a Praecipe to settle, satisfy and discontinue which I would ask be signed and returned to me in the envelope provided. Very truly yours, JJS:mem Enclosures :227107 Jefferson J. Shipman II1,,,I,1,,,,,1111,,,,,I,1,1,,1,,,1111,,,,,I,1,,,111 JA/4ES BRO~/N & SPEAR & GREENFIELD HIS ATTORNEYS 230 S BROAD ST SUITE 1800 PHILADELPHIA PA 1~}102-4102 Policy No.: Claim No.: Date of Loss: Check No.: CMS No.: ' Check Amt.: For: ERIE INSURANCE EXCHANGE Q06 14O6962 010170442396 08-12-1999 09181312 1181312 $7,5O0.00 IN FULL S~- ~ ~ LEMENT OF ANY AND ALL CLAIMS ARISING OUT OF LOSS ON 8-12-99 #010170442396 Erie Insurance offers home, auto, bdsiness and life insurance. Call your local ERIE Agent to learn what is available in your area. ~ERIE INSURANCE EXCHANGE Home Office · 1~0 Erie Ins. R. · Erie, PA 16530 PAY SEVEN THOUSAND FIVE HUNDRED AND 00/100 TO JAMES BROWN & SPEAR & GREENFIELD, THE HIS ATTORNEYS ORDER 230 S BROAD ST, SUITE 1800 OF PHILADELPHIA,.PA 19102-4102 FOR IN FULL SETTLEMENT OF ANY AND ALL CLAIMS ARISING OUT OF LOSS ON 8-12-99 #010170442396 CLAIM NO.: 010170442396 DATE OF LOSS: 08-12-1999 CMS NO.: 1181312 CHECK NO.: 09181312 DATE ISSUED: 03-31-2004 OPERATOR 07QREYNOLDS JERRY R~ DUFFLE RICHARD W. $I~WART C. ROY WEIDNER, J~. EDMTJND G. MYERS DAVID ~. DELUCE JEFFERSON ,L SHIP MAN RALPH H. WRIGHTS, JR. MARK C. DUFFLE JOHN )~ N1NOSKY MICHAEL ~ CdgSID Y MELlggA PEEL GREE~ ROBERTM. ~ZALKER ~ZADE D. MANLEy JOHNSON, DUFFLE, STEWART & ~VEIDNER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17045-0109 ' IFEB$1TE: www.jdsw.com TELEPHONE 717-761-4~40 FACSIM~E 717-761-~015 E-MAIL: mail~jdsw.com April 26, 2004 HORACE ,t. JOBNSON F. LEE SHIPMAN OF COUNSEL W~ITEi~S EXT. NO. 148 E'MAIL jjs~jthw.com Rand Spear, Esquire Spear & Greenfield, P.C. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Re: Brown v. Zimmerman No. 01-521 Cumberland County Common Pleas Dear Mr. Spear: According to my records, on April 15, 2004 1 sent Marc Greenfield a Check in the amount of $7,500 as payment of the verdict. I also sent a Praecipe to Settle, Satisfy and Discontinue. Would you kindly see that the Praecipe is signed and returned to me in order that I may close my file. Very truly yours, JJS:mem Jefferson J. Shipman JERRY 1% DUFFLE RICHARD W. STEWART C. ROY WE1DNER, JR. EDMUND G. fi4TEP~ DAVID ~ DELUCE JEFFERSON ~ SHIPMAN RALPH IZ WRIGtt~, JR. MARK C. DUFFIE JOHN t% NINOSKY MICHAEL J CAS$ID Y MELI$SA PEEL GREEVY ROBERT SZ WALKER WADE D. MANLEY LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 W£BSITE: www.jdsw.com TELEPHONE 717-761-4540 FACSIMILE 717-761~015 E-MAIL: mail~jdsw.com HORACE A. JOHNSON F LEE SHIPMAN OF COUNSEL WRITER'S EXT. NO. 148 E'MA/L jjs~jdsw.com May 20, 2004 Via facsimile transmission (215) 545-61 t7 Rand Spear, Esquire Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 Philadelphia, PA 19102 Re' James Brown v. Gary Zimmerman No. 01-521 Civil Term Cumberland County Common Pleas Gentlemen: The check to settle and satisfy the verdict was sent to you mid-April 2004, for the full amount of the verdict of $7,500. I have also sent you a Praecipe to mark the docket settled, satisfied and discontinued for your signature. Please return the Praecipe to me at the above address for filing with the Cumberland County Court. I have left numerous telephone messages with you to accomplish this. If I do not receive the signed Praecipe within one week from the date of this letter, I will be filing a Motion with President Judge Hoffer, also the trial judge, requesting an Order to mark the docket settled, satisfied and discontinued. I will also be requesting counsel fees. Very truly yours, Je'ffef~o~ J. Shipman JJS:mem CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 28, 2004: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. 230 South Broad Street, Suite 1800 Philadelphia, PA 19102 :231376.1 JOHNSON, DUFFLE, STEWART & WEIDNER Jef'~'r~c~ .,,i~Shipman, E~quire 1.1~. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 227154-1 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (7 ! 7) 761-4540 Attorneys for Defendant JAMES BROWN, Plaintiff VS. GARY M. ZIMMERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND C, OUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-521 CIVIl. TERM :JURY TRIAL DEMANDED PETITION TO ENFORCE DISCONTINUANCE OF THE CASE AND NOW, comes the Defendant, Gary Zimmerman, by and through his counsel, Johnson, Duffle, Stewart & Weidner, and files the following Petition to require formal discontinuance of the case following payment of the jury verdict: 1. The above civil case was tried to verdict during the March 15, 2004 trial term in Cumberland County with The Honorable President Judge George Hoffer presiding. The jury returned a verdict in the full amount of $7,500 for the Plaintiff, Ronald Brown. 3. The Defendant, through his insurance carrier, paid the full amount of the verdict and mailed the settlement proceeds in the above amount to Plaintiff's counsel, Marc Greenfield, Esquire, on April 15, 2004. Please see attached copy of the settlement check and cover letter to Marc Greenfield dated April 15, 2004 as Exhibit "A". 4. That defense counsel has written to Plaintiffs counsel on several occasions requesting a Praecipe to Settle, Satisfy and Discontinue be filed with the Cumberland County Court. Please see attached correspondence marked Exhibit "B". 5. That Plaintiff's counsel has failed and/or refused to file a Praecipe to Settle, Satisfy and Discontinue the case. WHEREFORE, the Defendant, Gary Zimmerman, respectfully' requests that This Honorable Court issue a Rule to Show Cause Why the relief should not be granted and attorneys' fees awarded to defense counsel for the preparation and filing of this Petition. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER ~e-fferson J. Shipmal~ Esquire ~I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant :231373.1~ ~ JERRY 1~ DUFFLE RICtL4RD [K $TE~VART C. ROY WEIDNER, EDMUND O. MYERS DAVID W. DELUCE JEFFERSON J. SHIPMAN P~LPH H. ~/RIGH~, JR. MARK C. DUFFIE JOHN P~ NINOSK¥ MICHAEL J. CASSID MELISSA PEEL GREEFY ROBERT M WALKER WADE D. MANLEY LAW OFFICES JOHNSON, DUFF[E, STEWART & W. EIDNER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 P/EBSITE: www.jdsw.com TELEPHONE 717-761-4~ FACSIMILE 717-761-~01~; E-MAIL: mail~Jd~w.com HORACE A. JOHNSON F. LEE SHIPMAN OF COUNSEL April 15, 2004 WRITER'S EXT. NO. 148 E-MAIL jja~jdsw.com Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 Philadelphia, PA 19102 Re: Brown v. Zimme~an No. 01-521 Civil Te~rn Cumberland County Common Pleas Dear Mr. Greenfield: Enclosed is my carrier's payment of the verdict amount of $7,500. Also enclosed is a Praecipe to settle, satisfy and discontinue which I would ask be signed and returned to me in the envelope provided. Very truly yours, JJS:mem Enclosures :227107 Jefferson J. Shipman Ilh.,hh,,.,lllh.,,hi,l"h,,llll,,,.hh.lll JA/~ES BROWN & SPEAR & GREENFIELD HIS ATTORNEYS 2)0 S BROAD ST SUITE 1800 PHILADELPHIA PA 19102-q102 Policy No.: Claim No.: Date of Loss: Check No.: CMS No.: · Check Amt.: For: ERIE INSURANCE EXCHANGE Q06 1406962 010170442396 08-12-1999 09181312 1181312 $7,500.00 IN FULL S~- i i LEMENT OF ANY AND ALL CLAIMS ARISING OUT OF LOSS ON 8-12-99 #010170442396 Erie Insurance offers home, auto, bdsiness and life insurance. Call your local ERIE Agent to learn what is available in your area. ERIE INSURANCE EXCHANGE Home Office · 100 Erie )ns, PI. · Erie, PA 16530 PAY SEVEN THOUSAND FIVE HUNDRED AND 00/100 TO JAMES BROWN & SPEAR & GREENFIELD, THE HIS ATTORNEYS ORDER 230 S BROAD ST, SUITE 1800 OF PHILADELPHIA,.PA 19102-4102 FOR IN FULL SE'i-rLEMENT OF ANY AND ALL CLAIMS ARISING OUT OF LOSS ON 8-12-99 #010170442396 C 'EAIM NO.: 010170442396 DATE OF LOSS: 08-12-1(;199 C~4S NO.: 1181312 CHECK NO.: 09181312 DATE ISSUED: 03-31-2004 OP£~TOR 07QREYNOLDS TAX II:) NO. 232871352 / - JERRY A DUFF1E RICHARD ~. C. ROY ~ ~ ~D G. DA ~ ~. DELVE J~ONI~ ~ C D~F~ JO~ ~ N~ ROB~T ~ ~E D. ~Y JOHNSON, DUFFLE, STEWART & WE]DIVER A PFofessional Corporation 301 MARKET ~-r~ET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 1704~0109 W~/TE: www.jdsw.eam TELEPHONE 717-761-4S40 FACSIMILE 717-761..301S E-MAIL: mil~jdsw.eom HORACE A. JOtLVSON F. LEE SHIP OF COUNSEL WPATF_~S EXT. NO. 148 E-MAIL jj~jdsw.com April 26, 2004 Rand Spear, Esquire Spear & Greenfield, P.e. Suite 1800 230 South Broad Street Philadelphia, PA 19102 Re: Brown v. Zimmerman No. 01-521 Cumberland County Common Pleas Dear Mr. Spear: According to my records, on April 15, 2004 sent Marc Greenfield a Check in the amount of $7,500 as payment of the verdict. I also sent a Praecipe to Settle, Satisfy and Discontinue. Would you kindly see that the Praecipe is signed and returned to me in order that I may close my file. Very truly yours, JJS:mem Jefferson J. Shipman JERRY g DUFFLE R1CH~RD IV. STEWART C. ROY NtEIDNE~ EDMUND G. MYEP~ DAVID W, DELUCE JEFFERSON ~ SHIPMAN RALPH H. WRIGHt, JR. MARK C. DUFFLE JOHN 1~ NINOSKY MICtL~EL J. CASSID Y MELISS~ PEEL GREEF~ ROBERT 3~ WALKER WADE D. MANLE¥ LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 FFEB$1TE: www.jdsw.com TELEPHONE 717-761-4540 FACSIMILE 717-761-3015 E-MAIL: mail(~jdsw.eom HORACE A. JOHNSON F. LEE SHIPMAN OF COUNSEL WRITER'S EXT. NO. 148 E-MAIL jis~jdsw.com May 20, 2004 Via facsimile transmission (215) 545-6117 FAXED Rand Spear, Esquire Marc F. Greenfield, Esquire Spear & Greenfield, P.C. Suite 1800 Philadelphia, PA 19102 Re: James Brown v. Gary Zimmerman No. 01-521 Civil Term Cumberland County Common Pleas Gentlemen: The check to settle and satisfy the verdict was sent to you mid-April 2004, for the full amount of the verdict of $7,500. I have also sent you a Praecipe to mark the docket settled, satisfied and discontinued for your signature. Please return the Praecipe to me at the above address for filing with the Cumberland County Court. I have left numerous telephone messages with you to accomplish this. If I do not receive the signed Praeoipe within one week from the date of this letter, I will be filing a Motion with President Judge Hoffer, also the trial judge, requesting an Order to mark the docket settled, satisfied and discontinued, will also be requesting counsel fees. Very truly yours, JJS:mem CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pe~rmsylvania, on June 28, 2004: Marc F. Greenfield, Esquire Spear & Greenfield, P.C. 230 South Broad Street, Suite 1800 Philadelphia, PA 19102 :231376.1 JOHNSON, DUFFLE, STEWART & WEIDNER Je~"r~ .,~'Shipman, E{~luire I.~ #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defend:~nt 227154-1 JAMES BROWN, Plaintiff VS. GARY M. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVILACTION- LAW : NO. 01-521 CIVIL TERM : JURY TRIAL DEMANDED j~.~. RULE TO SHOW CAUSE AND NOW, thi~ day of ~ .~ 2004, a Rule to Show Cause is issued upon Plaintiff's counsel, Marc Greenfield, Esquire, why the requested relief in the Petition to Enforce Discontinuance should not be GRANTED. Rule ret u rna ble_b;,'~. ,-r=~.._ BY THE COURT: · JUL 0 '1 ZOO4 ~ JAMES BROWN, Plaintiff VS. GARY M. ZIMMERMAN, Defendant : IN THE COURT OF COMMON pLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01-521 CIVIl_ TERM · JURY TRIAL DE:MANDED RULE TO SHOW CAUSE AND NOW, this day o~2004, a Rule to Show Cause is issued upon Plaintiff's counsel, Marc Greenfield, Esquire, why the req{~e~ted rebel ~n the Pebt~on to Enforce D~scontmuance should not be GRANTED. o f 2004, at o'clock· Rule returnable by personal appearance of counsel BY THE COURT: SPEAR & GREENFIELD, P.C. BY: MARC F. GREENFIELD, ESQUIRE I.D. No.: 62081 230 South Broad Street, Suite 1800 Philadelphia, PA 19102 (215) 985-2424 ATTORNEY FOR PLAINTIFF BROWN V$ GARY M. ZIMMERMAN COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 01-521 pRAECIPE TO SATISFY, SETTLE, AND DISCONTINUE. TO THE PROTHONOTARY: Kindly mark the captioned matter satisfied, settled, and discontinued, upon payment of your costs only. SPEAR & GREENFIELD, P.C. MAR(; F. GREENFIELD, ESQUIRE Attorney for plaintiffs