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Home My WebLink About11-2035'^ 04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Barbara K. Rebert 650 Bernhesiel Bridge Road Carlisle, PA 17015 VS. Defendant(s) & Address(es) Dennis Ness 7 Sherwood Drive Enola, PA 17025 Eagle Systems, Inc. P.O. Box 2177 Wenatchee, WA 98807 Case No. 1 S Civil Term Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: A i Issue summons in the above case Writ of Summons shall be issued and forwarded to ttorn Please • e choice) Date : February 16, 2011 Signatu of Attorney Prl Nam mar, Esq., Smigel, Anderson & Sacks, LLP Address: 4431 N. Front Street Harrisburg, PA 17110 Telephone #: (717) 234-2401 Supreme Court ID Number: 41266 • • • • • WRIT OF SUMMONS TO: Dennis Ness and Eagle Systems, Inc. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S)JJAS/HAVE ACTION AGAINST YOU. Date: o??/$/// by ChAl Division AN ?t CD co -ti ra Cj 0P #Qa •Q Q A771 c"K ca 89// k*aSS313 10/ BARBARA K. REBERT, Plaintiff, V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. and/or SWIFT TRANSPORTATION CORPORATION and THOROUGHBRED DIRECT INTERMODAL SERVICES, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 11-2035 CIVIL ACTION - AT LAW ? JURY TRIAL DEMANDED r- AMENDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue an Amended Writ of Summons for the following Defendants and forward six (6) copies to the Attorney listed below and six (6) copies to the Sheriff for service on (a) Michael Twist, (b) Twist Trucking, LLC, (c) Swift Transportation Company, Inc. and/or Swift Transportation Corporation and (d) Thoroughbred Direct Intermodal Services at the following addresses: Dennis Ness 3602 Brookridge Terrace, Apt 202 Harrisburg, PA 17109 Eagle System, Inc. 230 Grant Road, Suite IA East Wenatchee, WA 98807 Michael Twist 338 Franklin Square Drive Dallastown, PA 17313 Swift Transportation Company, Inc. and/or Swift Transportation Corporation 220075 1h Avenue Phoenix, AZ 85043 c/o National Registered Agents, Inc. 600 N. 2nd Street Harrisburg, PA 17101 Twist Trucking, LLC 338 Franklin Square Drive Dallastown, PA 17313 c/o National Registered Agents, Inc. 600 N. 2°d Street Harrisburg, PA 17101 Thoroughbred Direct Intermodal Services, Inc. 2260 Butler Pike, Suite 400 Plymouth Meeting, PA 19462 c/o Corporation Service Company 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: August S 2011 Jo W. omme squire - ID #41266 J ssic y, Esquire - ID #206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff BARBARA K. REBERT, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROUGHBRED DIRECT INTERMODAL SERVICES, INC., Defendants. No. 11-2035 : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED AMENDED WRIT OF SUMMONS TO: DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROUGHBRED DIRECT INTERMODAL SERVICES, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. 72 Prothonotary/ lerk, Civil Division I Date: _8 ?- Deputy BARBARA K. REBERT, Plaintiff, V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROUGHBRED DIRECT INTERMODAL SERVICES, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 11-2035 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John W. Frommer, Esquire, attorney for Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Amended Praeci e for Writ of Summons and Amended Writ of Summons upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Gary N. Stewart, Esquire Rawle & Henderson, LLP 240 N. 3?d Street Payne Shoemaker Building, 9th Floor Harrisburg, PA 17101 Attorney for Eagle Systems, Inc. and Dennis Ness Date: August 2011 B SMIGEL, ANDERSON & SACKS, L.L.P. e Esquire - ID #41266 Jo W '=rc ss' ,Esq uire - ID #206405 'ver hase ice Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff No. L 0TN0 140 TAR, 2611 ALIG 24 Ali 11: 35 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA K. REBERT Plaintiffs, v. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROGHBRED DIRECT, INTERMODAL SERVICES, INC. CIVIL DIVISION No. 11-2035 Filed on behalf of Defendants Swift Transportation Company Inc. and Swift Transportation Corporation Counsel of record for these parties: PION, JOHNSTON, NERONE, GIRMAN CLEMENTS & SMITH, P.C. John T. Pion, Esquire Defendants. PA I.D. # 43765 James DeCinit, Esquire PA I.D. #77421 355 North 21St Street, Suite 102 Camp Hill, PA 17011 717-737-5833 j decinit&pionj ohnston. com JURY TRIAL DEMANDED No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA K. REBERT Plaintiffs, CIVIL DIVISION No. 11-2035 V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROGHBRED DIRECT, INTERMODAL SERVICES, INC. Defendants. PRAECIPE FOR ENTRY OF APPEARNCE TO THE PROTHONOTARY: Kindly enter the appearance of PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C., John T. Pion, Esquire and James DeCinti, Esquire on behalf of the Defendant, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION (improper designation for this party) in the above-captioned matter. PION, JOHNSTON, NERONE, GIRMAN, CLEMEN S & SMITH, P.C. 0--? By John T. Pion, Esquire Pa. I.D. 43675 James DeCinti, Esquire Pa. I.D. 77421 355 North 21St Street, Suite 102 Camp Hill, PA 17011 idecinti@,pionjohnston.com Attorney For Defendant Swift Transportation Company, Inc. and/or Swift Transportation Corporation No. CERTIFICATE OF SERVICE I, James DeCinti, Esquire, hereby certify that a true and correct copy of the foregoing Entry of Appearance was served upon counsel of record by First Class Mail 23`d day of August 2011, as follows: John W. Frommer Esquire River Chase Office Center, 3`d Floor 4431 North Front Street Harrisburg, PA 17110 (Counsel for Plaintifj) Gary N. Stewart, Esquire Rawle & Henderson, LLP 240 N. 3`d Street Payne Shoemaker Bldg 9th Floor Harrisburg, PA 17101 (Counsel for Eagle Systems and Dennis Ness) Michael Twist 338 Franklin Square Drive Dallastown, PA 17313 Twist Trucking LLC 338 Franklin Square Drive Dallastown, PA 17313 c/o National Registered Agents, Inc. 600 North 2nd Street Harrisburg, PA 17101 Thoroughbred Direct Intermodal Service Inc. 22609 Butler Pike, Suite 400 Plymouth Meeting, PA 19462 c/o Corporation Service Company 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. - By ? /Jk2'aj James DeCinti, Esquire Pa. I.D. 77421 355 North 21St Street, Suite 102 Camp Hill, PA 17011 717-737-5833 jdecinti &ioniohnston. com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor VAptr of Lu+nbr f?rr . OFCCE OF Tt,- c-,RIFF OF THELPR PROTHONOTARY 2011 AUG 29 AN 8: 32 CUMBERLAND COUNTY PENNSYLVANIA Barbara K. Rebert vs. Twist Trucking, LLC let al.) Case Number 2011-2035 SHERIFF'S RETURN OF SERVICE 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Twist Trucking, LLC c/o National Registered Agents, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Twist Trucking, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Swift Transportation Company, Inc. and/or Swift Transportation Corporation c/o National Registered Agents, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thoroughbred Direct Intermodal Services, Inc. c/o Corporation Service Company, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Amended Writ of Summons Foreclosure according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thoroughbred Direct Intermodal Services, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michael Twist, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Amended Writ of Summons according to law. SHERIFF COST: $135.00 August 25, 2011 SO ANSWERS, ?+ "~ (5Z RON R ANDERSON, SHERIFF !C) CountySuite Sheriff- Telec8oft. Inc No. C) N C= 3 ? --i zM C: r r ? p z u o n c Ty ? ? --tom -? C=) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA K. REBERT Plaintiffs, V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROGHBRED DIRECT, INTERMODAL SERVICES, INC. Defendants. CIVIL DIVISION No. 11-2035 Praecipe for Rule to File Complaint Filed on behalf of Defendants Swift Transportation Company Inc. and Swift Transportation Corporation Counsel of record for these parties: PION, JOHNSTON, NERONE, GIRMAN CLEMENTS & SMITH, P.C. John T. Pion, Esquire PA I.D. # 43765 James DeCinit, Esquire PA I.D. #77421 355 North 21St Street, Suite 102 Camp Hill, PA 17011 717-737-5833 j decinitkp ionj ohnston. com JURY TRIAL DEMANDED No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA K. REBERT Plaintiffs, CIVIL DIVISION No. 11-2035 V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING LLC, SWIFT TRANSPORTATION COMPANY, INC AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROGHBRED DIRECT, INTERMODAL SERVICES, INC. Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: You are hereby directed to issue a Rule upon Plaintiff, Barbara K. Rebert, to file a Complaint within twenty (20) days from service thereof, in accordance with the Pennsylvania Rules of Civil Procedure. PION, JOHNSTON, NERONE, GIRMAN, CLEMENT & SMITH, P.C. By--? 11 James Oetinti, Esquire Pa. I.D. 77421 Attorney For Defendant Swift Transportation Company, Inc. and/or Swift Transportation Corporation RULE TO FILE COMPLAINT A,rule -is hereby issued upon Plaintiff to file a Complaint within twenty (20) days. Date: 8 d9 7? 1?jth ?? o?? / Prothonotary, DAVI f No. CERTIFICATE OF SERVICE I, James DeCinti, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Rule to file Complaint was served upon counsel of record by First Class Mail 26th day of August 2011, as follows: John W. Frommer Esquire River Chase Office Center, 3`d Floor 4431 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiffi Gary N. Stewart, Esquire Rawle & Henderson, LLP 240 N. 3`d Street Payne Shoemaker Bldg 9th Floor Harrisburg, PA 17101 (Counsel for Eagle Systems and Dennis Ness) Michael Twist 338 Franklin Square Drive Dallastown, PA 17313 Twist Trucking LLC 338 Franklin Square Drive Dallastown, PA 17313 c/o National Registered Agents, Inc. 600 North 2°d Street Harrisburg, PA 17101 Thoroughbred Direct Intermodal Service Inc. 22609 Butler Pike, Suite 400 Plymouth Meeting, PA 19462 c/o Corporation Service Company 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. ay James DeCinti, Esquire Pa. I.D. 77421 355 North 21St Street, Suite 102 Camp Hill, PA 17011 717-737-5833 'deg cintina,pionjohnston. com RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9`h Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 / 234-7710 (Fax) ?r _Flu I7P0TI-I0NOTAh 2011 SEP 14 PH 2' 5 (-, UMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC and Michael Twist BARBARA K. REBERT IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 11-2035 DENNIS NESS, EAGLE SYSTEMS, INC., : MICHAEL TWIST, TWIST TRUCKING, CIVIL ACTION - AT LAW LLC., SWIFT TRANSPORTATION COMPANY, INC. and/or SWIFT TRANSPORTATION CORPORATION and: JURY TRIAL DEMANDED THOROUGHBRED DIRECT INTERMODAL SERVICES, INC. Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC and Michael Twist in the above-referenced matter. Dated: '9 13 'a RAWLE ON LLP By'. ary N. tewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, and Michael Twist 4861720-1 CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing pleading by first-class mail, postage prepaid, upon all attorneys of record and parties, addressed as follows: Jessica E. Mercy, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks River Chase Office Center, 3`d Flr. 4431 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff John Pion, Esq. Pion Johnston Law Firm 1500 One Gateway Center Pittsburg, PA 15222 Thoroughbred Direct Intermodal Services 2260 Butler Pike Suite 400 Plymouth Meeting, PA 19462 c/o Corporation Service Company 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 RAWLE & By: N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, and Michael Twist Dated: 4861720-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ??trzu' ?t ?ar,riGctl??tf+ Jody S Smith Chief Deputy Richard W Stewart Solicitor Amended Barbara K. Rebert vs. Twist Trucking, LLC (et al.) Case Number 2011-2035 SHERIFF'S RETURN OF SERVICE 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Twist Trucking, LLC c/o National Registered Agents, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Twist Trucking, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Swift Transportation Company, Inc. and/or Swift Transportation Corporation c/o National Registered Agents, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thoroughbred Direct Intermodal Services, Inc. c/o Corporation Service Company, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Amended Writ of Summons Foreclosure according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thoroughbred Direct Intermodal Services, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/16/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michael Twist, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Amended Writ of Summons according to law. 08/23/2011 06:45 PM - York County Return: And now August 23, 2011 at 1845 hours I, Richard Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Amended Writ of Summons, upon the within named defendant, to wit: Michael Twist by making known unto himself personally, at 338 Franklin Square Drive, Dallastown, Pennsylvania 17313 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/23/2011 06:45 PM - York County Return: And now August 23, 2011 at 1845 hours I, Richard Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Amended Writ of Summons, upon the within named defendant, to wit: Twist Trucking, LLC by making known unto Michael Twist, Owner of Twist Trucking, LLC at 338 Franklin Square Drive, Dallastown, Pennsylvania 17313 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/13/2011 01:18 PM - Montgomery County Return: And now, September 13, 2011 I, John P. Duante, Sheriff of Montgomery County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Thoroughbred Direct Intermodal Services, Inc. the defendant named in the within Amended Writ of Summons and that I am unable to find them in the County of Montgomery and therefore return same NOT FOUND. Request for service at 2260 Butler Pike, Suite 400, Plymouth Meeting, Pennsylvania 19463. c; countySS%Tt'. Shea `i.. Tc?!eci;o?t. ! !LL:-D-0F c7 J- .?'t!! etY" fIE.? .? w'°? SEP 29 9: ?' r-UMB ? S rIt??L:1?;4!1?5y'. 09/2,3/2011 ' 01:18 PM - Dauphin County Return: And now August 23, 2011 at 1318 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Amended Writ of Summons, upon the within named defendant, to wit: Twist Trucking, LLC c/o National Registered Agents, Inc. by making known unto Betsy Beverlin, Agent for National Registered Agents, Inc. at 600 N. 2nd Street, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/23/2011 01:18 PM - Dauphin County Return: And now August 23, 2011 at 1318 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Amended Writ of Summons, upon the within named defendant, to wit: Thoroughbred Direct Intermodal Services, Inc. c/o Corporation Service Company by making known unto Jennifer Smith, Customer Service Associate for Corporation Service Company at 2595 Interstate Drive, Suite 103, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/23/2011 01:43 PM - Dauphin County Return: And now August 23, 2011 at 1343 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Amended Writ of Summons, upon the within named defendant, to wit: Swift Transportation Company, Inc. and/ or Swift Transportation Corporation c/o National Registred Agents, Inc. by making known unto Betsy Beverlin, Agent for Swift Transportation Company, Inc. at 600 N. 2nd Street, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $135.00 September 26, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF j Goon i-SLM ShF (7 i. soft IeL RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 / 234-7710 (Fax) Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Michael Twist, Swift Transportation Co. and Thoroughbred Direct Intermodal Services BARBARA K. REBERT IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVLN I29 vs. NO. 11-2035 rn a fit'" N C)? EAGLE SYSTEMS, INC., et al. : CIVIL ACTION - AT LAW ? Defendants. . .c c? : JURY TRIAL DEMANDED c-n JOINT PETITION FOR APPROVAL OF MEDICARE SET ASIDE AND NOW, come defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Michael Twist, Swift Transportation Co. and Thoroughbred Direct Intermodal Services, by and through their counsel, Rawle & Henderson LLP, with the consent of all the parties, and hereby file this Joint Petition for Approval of Medicare Set Aside Amount, stating as follows: 1. The underlying action was filed as a result of a motor vehicle collision which occurred on August 28, 2009 on Interstate 81, southbound, in Cumberland County, Pennsylvania. 2. Plaintiff, Barbara Rebert, was allegedly injured when the vehicle she was driving was struck by a tractor-trailer being driven by defendant, Dennis Ness. Plaintiff filed her Praecipe for Writ of Summons on February 18, 2011, naming Dennis Ness and Eagle Systems, Inc. as defendants. See Exhibit "A." 5140596-1 $ a 3. On March 7, 2011 counsel for defendants accepted service of plaintiff's Writ of Summons on behalf of Dennis Ness and Eagle Systems, Inc. See Exhibit "B." 4. Thereafter, on August 15, 2011, plaintiff filed an Amended Praecipe for Writ of Summons naming Michael Twist, Twist Trucking, LLC., Swift Transportation Co., Inc and/or Swift Transportation Corporation and Thoroughbred Direct Intermodal Services, Inc. as defendants in the above-referenced matter. See Exhibit "C." 5. Undersigned counsel entered its appearance on behalf of the defendants named in the Amended Praecipe for Writ of Summons on September 13, 2011 and October 7, 2011. See Exhibit "D." 6. Prior to a Complaint being filed, the parties mediated this action on December 5, 2011 before John Noble, Esquire. 7. Thereafter, the parties agreed to resolve this matter through formal settlement; however, they desired a Medicare Set Aside to be made part of the settlement in order to protect the interests of Medicare pursuant to 42U.S.C.§1395y, as the plaintiff will be Medicare eligible within thirty (30) months. 8. As the instant action is a liability action rather than workers' compensation action, there is no approval requirement for this proposed Set Aside by Medicare. Medicare will consider a voluntary review of a proposed Allocation (Exhibit "E"). However, Medicare's voluntary review is performed on a "workload basis" and thus, Medicare cannot represent to parties to a liability settlement if, or when, such a review will occur (see Exhibit "17"). 9. Pursuant to Local Rule 206. 1, to serve the interest of justice, the parties desire that the Court approve the proposed self-administered Medicare Set-Aside amount. 5140596-1 10. Although plaintiff has not filed a Complaint, based upon records exchanged between counsel, including the attached medical report from J. Spence Reid, M.D., as a result of the accident plaintiff sustained bilateral acetabular fractures as a result of this accident and underwent staged reconstructions of her hips with both requiring open reduction and internal fixation performed several days apart. See November 1, 2011 report of Dr. J. Spence Reid, attached hereto as Exhibit "G." 11. Moreover, at the time of his report and based upon his expertise, he opined that plaintiff has developed post-traumatic arthritis in both hips with the left being greater than the right and, he opines that it is likely greater than 80% that plaintiff will need a left total hip replacement in the future; however, the likelihood of needing a right total hip replacement is between 15% and 20%. 12. At the present time, plaintiff is not treating for any other alleged injuries sustained in this accident. Plaintiff is getting voluntary physical therapy to help her with range of motion in an effort to ride horses again. 13. Based upon the medical treatment of plaintiff and Dr. Reid's report, the undersigned obtained a liability cost projection for those alleged injuries that plaintiff continues to treat for, to be placed in a self-administered Medicare Set Aside from the settlement funds. See liability cost projection, attached hereto as Exhibit "H." 14. Based upon exhibit "H", the proposed liability cost projection is $37, 689.82. Id. 15. The plaintiff has agreed to set aside the above-referenced amount from the contemplated settlement funds in a self-administered Medicare Set Aside account should the amount be approved by the Court. 5140596-1 16. Moreover, should the Medicare Set Aside amount be approved by this Honorable Court, the parties have agreed that the above-referenced case can be resolved and the instant action can be dismissed with prejudice. 17. As this is a joint motion, concurrence for same has been obtained with all counsel. 18. No judge has ruled upon any other issues in this action. WHEREFORE, counsel for defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Michael Twist, Swift Transportation Co. and Thoroughbred Direct Intermodal Services, with the consent of all other parties, we respectfully request that in the interest of justice this Honorable Court grant the above Joint Petition for Approval of Medicare Set Aside. Respectfully Submitted, RAWLE & HENDERSON, LLP By: (k III () ary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Michael Twist, Swift Transportation Co. and Thoroughbred Direct Intermodal Services o„ea i??giZo?Y 5140596-1 EXHIBIT "A" 1088010-1 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Barbara K. Rebert 650 Bernhesiel Bridge Road Carlisle, PA 17015 VS. Defendant(s) & Address(es) Dennis Ness 7 Sherwood Drive Enola, PA 17025 Eagle Systems, Inc. P.O. Box 2177 Wenatchee, WA 98807 Case No. - I- xILL'Z Civil Term Civil Action 7) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: _o `r; Issue summons in the above case Writ of Summons shall be issued and forwarded to ttorn Slur' ;f. Please a choice Date : February 16, 2011 Signa of Attorney Pri Nam r, Esq., Smlpal, Antlerson 6 Sacks, LLP Address: 4431 N. Front Street Harrisburg, PA 17110 Telephone #: (717) 234-2401 Supreme Court ID Number: 41266 • 0 • • • WRIT OF SUMMONS TO: Dennis Ness and Eagle Systems, Inc. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTH ACTION AGAINST YOU. Date: TRUE COPY FROM RECORD In Testimony whored, I here unto set my hand and the of said Court at Caritsle, Pa. This of 201( _ #otA tV- `?i 0 Proewotary t t co p i' EJ913 5_0 / M a? EXHIBIT "B" 1088010-1 BARBARA K. REBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-2035 DENNIS NESS AND EAGLE CIVIL ACTION - AT LAW SYSTEMS, INC., Defendants. JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE AND NOW comes Gary N. Stewart, Esquire, attorney for Defendants Dennis Ness and Eagle Systems, Inc., who, pursuant to Pa. R. C. P. No. 402(b), states: I accept service of the Writ of Summons on behalf of Dennis Ness and Eagle Systems, Inc. and certify that I am authorized to do so. Date: ` Rawle & Henderson LLP 240 N. 3rd Street Payne Shoemaker Building, 9 h Floor Harrisburg, PA 17101 EXHIBIT "C" 1088010-1 A,/77 - ?& - X7.2 BARBARA K. REBERT, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. and/or SWIFT TRANSPORTATION CORPORATION and THOROUGHBRED DIRECT INTERMODAL SERVICES, INC., Defendants. : No. 11-2035 _., CIVIL ACTION - AT LAW c mw 3? ? ? =M r- JURY TRIAL DEMANDED _ c.n AMENDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue an Amended Writ of Summons for the following Defendants and forward six (6) copies to the Attorney listed below and six (6) copies to the Sheriff for service on (a) Michael Twist, (b) Twist Trucking, LLC, (c) Swift Transportation Company, Inc. and/or Swift Transportation Corporation and (d) Thoroughbred Direct Intermodal Services at the following addresses: Dennis Ness 3602 Brookridge Terrace, Apt 202 Harrisburg, PA 17109 Eagle System, Inc. 230 Grant Road, Suite IA East Wenatchee, WA 98807 Michael Twist 338 Franklin Square Drive Dallastown, PA 17313 Swift Transportation Company, Inc. and/or Swift Transportation Corporation 2200 75`x' Avenue Phoenix, AZ 85043 c/o National Registered Agents, Inc. 600 N. 2"d Street Harrisburg, PA 17101 Twist Trucking, LLC 338 Franklin Square Drive Dallastown, PA 17313 c/o National Registered Agents, Inc. 600 N. 2nd Street Harrisburg, PA 17101 Thoroughbred Direct Intermodal Services, Inc. 2260 Butler Pike, Suite 400 Plymouth Meeting, PA 19462 c/o Corporation Service Company 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: August, 2011 Jo W. omme squire - ID #41266 J ssic y, Esquire - ID #206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff BARBARA K. REBERT, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROUGHBRED DIRECT INTERMODAL SERVICES, INC., Defendants. : No. 11-2035 : CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED AMENDED WRIT OF SUMMONS TO: DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROUGHBRED DIRECT INTERMODAL SERVICES, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. -4- 1 z Prothonotary/C rk, Civil Division Date: Deputy TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Co at Carlisle, Pa. This _ y of , 20 J?- L , Prothonotary BARBARA K. REBERT, Plaintiff, V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROUGHBRED DIRECT iNTERMODAL SERVICES, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. I 1-203 5 CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John W. Frommer, Esquire, attorney for Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Amended Praecipe for Writ of Summons and Amended Writ of Summons upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Gary N. Stewart, Esquire Rawle & Henderson, LLP 240 N. 3`d Street Payne Shoemaker Building, 9d' Floor Harrisburg, PA 17101 Attorney for Eagle Systems, Inc. and Dennis Ness SNIIGEL, ANDERSON & SACKS, L.L.P. Date: August i ?, 2011 4 Esquire - ID #41266 Esquire - ID #206405 e Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff EXHIBIT "D" 1088010-1 A, 6 -) 0 ti - -sz RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9" Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 / 234-7710 (Fax) BARBARA K. REBERT Plaintiff, vs. a? i SEP 14 Phi 2:56 CtjtPE RdSYLYAN A TY Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC and Michael Twist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-2035 DENNIS NESS, EAGLE SYSTEMS, INC., : MICHAEL TWIST, TWIST TRUCKING, CIVIL ACTION - AT LAW LLC., SWIFT TRANSPORTATION COMPANY, INC. and/or SWIFT : TRANSPORTATION CORPORATION and: JURY TRIAL DEMANDED THOROUGHBRED DIRECT INTERMODAL SERVICES, INC. : Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC and Michael Twist in the above-referenced matter. Dated: 41 i 3 " RAWLE ON LLP By ary N. tewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, and Michael Twist 4861720-1 CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing pleading by first-class mail, postage prepaid, upon all attorneys of record and parties, addressed as follows: Jessica E. Mercy, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks River Chase Office Center, 3`d Flr. 4431 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff John Pion, Esq. Pion Johnston Law Firm 1500 One Gateway Center Pittsburg, PA 15222 Thoroughbred Direct Intermodal Services 2260 Butler Pike Suite 400 Plymouth Meeting, PA 19462 c/o Corporation Service Company 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 RAWLE & By: ll? wry N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, and Michael Twist Dated: 1 4861720-1 I RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9t' Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 / 234-7710 (Fax) BARBARA K. REBERT Plaintiff, vs. Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness Thoroughbred Direct Intermodal Services, Twist Trucking, LLC and Michael Twist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-2035 DENNIS NESS, EAGLE SYSTEMS, INC., a MICHAEL TWIST, TWIST TRUCKING, CIVIL ACTION - AT LAW LLC., SWIFT TRANSPORTATION MCD ° i COMPANY, INC. and/or SWIFT zm r ? ?rte' TRANSPORTATION CORPORATION and: JURY TRIAL DEMANDED THOROUGHBRED DIRECT INTERMODAL SERVICES, INC. =' °- Defendants. -? • - ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Swift Transportation Co. as co- counsel with Attorney John Pion in the above-referenced matter. RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Dated: 10/07/11 Thoroughbred Direct Intermodal Services and Michael Twist 4918077-1 CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing pleading by first-class mail, postage prepaid, upon all attorneys of record and parties, addressed as follows: Jessica E. Mercy, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks River Chase Office Center, 3`d Flr. 4431 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff John Pion, Esq. Pion Johnston Law Firm 1500 One Gateway Center Pittsburg, PA 15222 RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Thoroughbred Direct Intermodal Services and Michael Twist Dated: 10/07/11 4918077-1 ;??1 -- 6 ) Z., / RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 Attorneys for Defendants By: David R. Chludzinski Identification No : 200702 , Eagle Systems, Inc., Dennis Ness, . Payne Shoemaker Building Twist Trucking, LLC, Michael Twist, 240 N. Third Street 9t' Floo Swift Transportation Co. and Thoroughbred , r Harrisburg, Pennsylvania 17101 Direct Intermodal Services (717) 234-7700 / 234-7710 (Fax) BARBARA K. REBERT IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 11-2035 s= EAGLE SYSTEMS, INC., et al. : CIVIL ACTION - AT LAW o r? »' Defendants. c?,n r-- : JURY TRIAL DEMANDED --t=om .._ a" ;-Z- ? -& - ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Thoroughbred Direct Intermodal Services, in the above-referenced matter. RAWLE & HENDERSON LLP 401k""' - By: Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Michael Twist, Swift Transportation Co. and Thoroughbred Direct Intermodal Services Dated: 10/07/11 4924962-1 CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing pleading by first-class mail, postage prepaid, upon all attorneys of record and parties, addressed as follows: Jessica E. Mercy, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks River Chase Office Center, Yd Flr. 4431 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff RAWLE & HENDERSON tar 6901", - By: Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Michael Twist and Swift Transportation Co. Dated: 10/07/11 4924962-1 EXHIBIT "E" 1088010-1 Please allow this to respond to your request for clarification about Liability Medicare Set-Aside Arrangements (LMSA). The Medicare Secondary Payer (MSP) provisions preclude Medicare payments for medical items and services to the extent that payment has been made or can reasonably be expected to be made under an automobile or liability insurance policy or plan including self-insurance (42 USC § 1395y(b)(2)). Liability insurance includes, but is not limited to automobile, liability insurance, uninsured motorist insurance, underinsured motorist insurance, homeowners' liability insurance, malpractice insurance, product liability insurance, and general casualty insurance (42 CFR § 411.50(b)). As you know, any Medicare payments made on behalf of a Medicare beneficiary for medical items and services related to the liability settlement, judgment or award must be reimbursed to the Medicare Trust Funds (42 USC § 1395y(b)(2)(B); 42 CFR § 411.24). All parties do have significant responsibilities under the MSP laws to protect Medicare's interests when resolving cases that includes future medical expenses. A recommended method to protect Medicare's interest is a set-aside arrangement, which allocates a portion of the settlement for future medical expenses. The amount of the set-aside is determined on a case-by-case basis. Should parties wish the CMS-Philadelphia Regional Office to review a proposed Liability Set- Aside, we request the following be provided which can also be submitted on a CD-Rom: • Consent Form; • Life Expectancy; • Life Care Plan - if available; • Set-Aside Administrator or Copy of Agreement; • Medical Records; • Payment History - if applicable; and • Future Treatment Plan. All parties must ensure that Medicare is secondary to any other entity responsible for payment of medical items and services related to the liability settlement, judgment or award. EXHIBIT "F" 1088010-1 From: John Frommer Sent. Friday, January 13, 2012 1:24 PM To: 'Emerson, Kaleigh (CMS/CFMFO)' Subject: RE: CMS review of liability settlements Ms. Emerson, Thank you for taking the time to address my question and call me on the phone today. The attached.pdf is very helpful. This will confirm that at present a voluntary submission of a proposed liability set- aside would be met on a "workload requirement" basis and that CMS is not In a position to tell the parties if, and when, a review would be completed. Thank you again. John Frommer From: Emerson, Kalelgh (CMS/CFMFO) [mailto:Kaleigh.Emerson@cros.hhs.gov] Sent: Friday, January. 13, 2012 1:11 PM To: John Frommer Subject: RE: CMS review of liability settlements Mr. Frommer, I've attached a pdf we provide regarding liability Medicare set-asides, in case it is helpful in the future. Have a good day, Kaleigh From: John Frommer [maiito:jfrommer@sasllp.com] Sent: Wednesday, January 11, 2012 3:22 PM To: Ryan, Lorraine (CMS/CMHPO) Subject: CMS review of liability settements I am an attorney In Harrisburg, Pa. i represent a 62 year old who is NOT Medicare eligible in an automobile accident case. She will need a knee replacement as a result of the accident in the future and I have obtained a projection of that future medical cost from a vendor I use in workers' compensation cases. I have been getting approval of medical settlements in workers' compensation for years but my review of CMS/Medicare guidelines reveals no such requirement in liability cases. I know the landscape here is changing rapidly. Can anyone confirm that at present, I do not need to seek CMS/Medicare approval of this liability settlement? Thank you. 1/17/2012 EXHIBIT "G" 1088010-1 NOV-01--2011 TUE 1254 PH ORTHOPAEDICS AND REHAB. PENNSTATE HERSHEY 47 Milton S. Hershey Medical Center FAX NO. P. 02/03 PENNSTATE HERSHEy 40 Bone &Joint Imdu ft Henry A. Boats M.D. Milton S. S=hey Medied camb, PCM stele CDbp Of Madicime HERSHEY S00 Uaivenity D*m, H089 Adult Rccorun Hathey, PA 17033 Bono do Joint To rcntion FOOL do Aal-lo Hand November 1, 2011 Td: (717) S3I-1363 Pas (717) 531-0093 Metabolic Bone Disoese Musculoskeletai oncology Pediatric Ottbopacdioc Smi 1 .Anderson & Sacks Podlebyroiabctic Foot John W. Fwmmor Rlroumatology Shouldcr& rsibow 4431 North Front Street spina Third Floor &OM Medry 1e ?sbulg, PA 17110-1778 via .Fax: 717-234-3611 X49,0I,Wx /IKAapvc slsevlcrs Tv:ninAw?? s.,c Rt7? ?.i1-o?t1 TCIPIWP ICES Re: Barbara Rebert Td: (117) AiA"d 1-b7Q r-W 017) s:1,4ssr HMC #1523564 DOB: 09/03/1947 M[ISCUI QSIffUrAL SCI8NM rd: pt7) ssi.ai# AK (7M !at-7so Dear Mr. Frommer, STATE COLLEGE 1850 )r. Park Avenue, Suite 112 Start CO&W, PA 16803 Tok (014) 165.3s66 Fax (814 863-7803 This letter is in request for inforntatlont on Barbara ltebert dated August 16, 2011. 1 will address your uesti i h q ons n t e order in which stated in the letter. General Odbopaedial Orthopoedic Sporn Medidme 1yAMYcare spear MrAcine l riiotd Modidnc 8t sports Medicine Physloal Therapy As a recap: Barbara sustained bilateral acetabular fractures in August 2009. She underwent staged reoon fictions of he hi r ps with both of them requiring 0 9 pen reduction and internal fixation preformed several da s y apart. I last saw Barbara on June 8, 2011 and T will base my comments on her evaluation and x-ra s on th t d 1 y a ate. ler activity level at that time was a community ambulatory with occasional use of a cane out of the hou Sh se. e had some activity related pain. She was continuing at physical spy with an att empt to get back in her saddle to do some horseback ri`ly• At the time of this appointrnent she was unable t , o accomplish this largely restricted range of motion about both hips. Given the radihicdered by a ppearance at the two year mark on June 8, 2011, Barbara has developed post-traumatic arthritis in both hips with the left bei ng greater than right.. I think that it is likely (>800/,) that Barbara will need a left total hi p replacement in the fixture. The likelihood of needing a right total hip replacement is less (15-20%). Thcre are multiple well doc umented papers iu this area - but the paper by Joel Matta MD in the Journal of Bone a d P i n . o nt Surgery 78-A 1996 is very good This is not controversial. NOV-01-2011 TUE 12:54 Ph ORTHOPAEDICS AND REHAB, FAX NO, P. 03/03 . The question of Barbara rewming to active horseback riding is difficult. There is certainly nothing from a medical stand restricting her from point that I'm Posing this, but the exact amount of motion she may require to straddle a saddle is difficult to determine. The other question is that even if she is able to successfully get on the horse, will she have hip pain 1 yment of riding? This is unlmovm at present. With respect to limitation of standing and walldng she can tolerate, I concur that the best way to gather objective data regarding to obtain a functional capacity ibis is evaluation WE). I would be happy to write a prescription for this, and it can be performed by her current physical therapist or another physical therapist of your choosing. I will be seeing Barbara again in June of2012 with additional radiographs. Sincerely, J. Spence Reid, M.D Professor and Chief Division of orthopaedic Trauma JSR/ss EXHIBIT "H" 1088010-1 G ? n o? 00 A A ? VI J A U C k ? 00 fD H CL o? 0 as N C 0 A o a km W A ? 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II ? ?f1 ('? r r }Yj? m C d N `g r r ?q N ? W W m$ rn c = oI+tv?, v)m?_. ? O i 0 X o 0) O ? c 0 (o no$o M Pp (D -h (D ? S ? ' a O 3 u o, 0 X ? ? (D V fD ?r Q. rt 3 ? Q N r ? ? 0 (D t . 0 CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing pleading by first-class mail, postage prepaid, upon all attorneys of record and parties, addressed as follows: Jessica E. Mercy, Esquire John W. Frommer, Esquire Smigel, Anderson & Sacks River Chase Office Center, P Flr. 4431 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff James DeCinti Pion Johnston Law Firm 355 N. 21st St. Suite 102 Camp Hill, PA 17011 RAWLE & HENDERSON LLP By: 2?1 I A LL d- - WK Stewart, Esqui David R. Chludzinski, Esquire Attorneys for Defendants, Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Michael Twist and Swift Transportation Co. L /-I Dated: IfIlfi,01-2, 5140596-1 RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 / 234-7710 (Fax) BARBARA K. REBERT Plaintiff, vs. EAGLE SYSTEMS, INC., et al. Defendants. r Lo ntr r t f i7 -3 P1 2' C?0 CUMBER iND CDD`°1">, Attorneys for 890"Ott N I A% Eagle Systems, Inc., Dennis Ness, Twist Trucking, LLC, Michael Twist, Swift Transportation Co. and Thoroughbred Direct Intermodal Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 112035 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PROPOSED rORDER AND NOW, this _pday of 2012, it is hereby ORDERED and DECREED that the Joint Petition for Approval of Medicare Set Aside Amount be GRANTED. t A. PL.A%Ll 9N- ?J-ames ISTRIBUTION LIST: ohn W. Frommer, Esquire, Smigel, Anderson & Sacks, River Chase Office Center, 4431 North Front Street,Hamsburg, PA 17110 DeCinti, Esquire, Pion Johnston Law Firm, 355 N. 21' St., Suite 102, Camp Hill, PA 17011 David R. Chludzinski, Esquire, Rawle & Henderson, LLP, Payne Shoemaker Bldg, 240 N. 3`d St. 9d' Fl, Harrisburg, PA 17101 5140596-1 r f 4- iE 1-OFFICE 1 HE PROTIIONOTAR'I' BARBARA K. REBERT, 22912 FEB ZZ PH I: 36N THE COURT OF COMMON PLEAS OF Plaintiff, ` UMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY V. PENNSYLVANIA No. 11-2035 I DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. and/or SWIFT TRANSPORTATION CORPORATION and THOROUGHBRED DIRECT INTERMODAL SERVICES, INC., Defendants. CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE, SETTLE AND END TO THE PROTHONOTARY: Please mark the above-referenced action settled and discontinued with prejudice. SMIGEL, ANDERSON & SACKS, LLP Date: February 21, 2012 By: - Il 111' __.--- John Fro Es re TDJ #41266 River has ffi enter, 3rd Floor 4431 orth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff t BARBARA K. REBERT, Plaintiff, V. DENNIS NESS, EAGLE SYSTEMS, INC., MICHAEL TWIST, TWIST TRUCKING, LLC, SWIFT TRANSPORTATION COMPANY, INC. AND/OR SWIFT TRANSPORTATION CORPORATION AND THOROUGHBRED DIRECT INTERMODAL SERVICES, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 11-2035 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John W. Frommer, Esquire, hereby certify that I have served the foregoing Praecipe to Discontinue, Settle, and End upon counsel by depositing the same in the U.S. Mail, first class, postage prepaid on this 21 st day of February 2012, as addressed below: Gary N. Stewart, Esquire Rawle & Henderson, LLP 240 N. 3rd Street Payne Shoemaker Building, 9th Floor Harrisburg, PA 17101 Attorney for Eagle Systems, Inc., Dennis Ness, Michael Twist, Twist Trucking, LLC and Thoroughbred Direct Intermodal Services John T. Pion, Esquire Pion, Johnston, Nerone, Girman, Clements & Smith, P.C. 355 North 21St Street, Suite 102 Camp Hill, PA 17011 Attorney for Swift Transportation RSON & SACKS, LLP Date: February 21, 2012 By: Jot W.? n n,r?Esquire - ID #41266 River -Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff