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HomeMy WebLinkAbout02-1455DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Susan Simpson Brown I.D. No. 31328 Valley Green Corporate Center 7111 Valley Green Road Fort Washington, PA 19034 (215) 836-1100 PATRICIA CALTABIANO Attorneys for Defendant/Petitioner, R.J. Reynolds Tobacco Company COURT OF COMMON PLEAS Plaintiff PHILIP MORRIS INCORPORATED, (''PHILIP MORRIS U.S.A.) : R. J. REYNOLDS TOBACCO COMPANY, : LORILLARD TOBACCO COMPANY, and : BROWN AND WILLIAMSON TOBACCO CORP.: Individually and as Successor to THE : AMERICAN TOBACCO COMPANY, : Defendants : PENNSYLVANIA C) & - I q,.q,5 CUMBERLAND COUNTY PETITION FOR ISSUANCE OF A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS Pursuant to Pennsylvania Rule of Civil Procedure 234.1 and 42 Pennsylvania Consolidated Statutes Annotated § 5326, the issuance of a subpoena is requested on the following grounds: 1. Petitioner is R.J. Reynolds Tobacco Company, above-named defendant in an action currently pending filed by plaintiff, Patricia Caltabiano, pending in the Circuit Court of the 11th Judicial Circuit For Miami-Dade County, Florida. A copy of the Complaint in this lawsuit is attached hereto as Exhibit "A." 2. Petitioner, by its Florida counsel, seeks a subpoena to produce documents and things to the person/entity named below. Sally McCoy Medicare Legal Services 1800 Center Street Camp Hill, PA 17089-0089 3. The subpoena shall direct each entity to produce the documents requested on Exhibit "B" attached hereto. Copies of the proposed subpoena and attachment are attached hereto as Exhibit "C." 4. A commission for the issuance has been entered. A certified copy of the order appointing this commission is attached hereto as Exhibit "D." 5. Petitioner requires the issuance of a subpoena by this Court to compel the production of documents. WHEREFORE, Petitioner requests that this Court order the issuance of a subpoena directed to the person/entity named in paragraph two (2) of this Petition. Respectfully submitted, DALLER GREENBERG & DIETRICH, LLP Date: ~//~ /~;L~ Susan Simi~son Bro~vn Valley Green Corporate Center 7111 Valley Green Road Fort Washington, PA 19034 (215) 836-1878 Attorneys for Defendant/Petitioner, R.J. Reynolds Tobacco Company IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA PATRIClA DOCKWELL CALTABIANO, GENERAL JURISDICTION DIVISION CASE NO.: ~)0 ,,,~3 1_9 0 ~ ~ .Plaintiff, CO~IPLAINT PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U,S.A,"), R. J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO CO., and BROWN & WILLIAMSON TOBACCO CORP., Individually and as Successor to the AMERICAN TOBACCO COMPANY, Defendants. The Plaintiff, PATRICIA DOCKWELL CALTABIANO sues the Defendants, PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U.S.A."); R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO CO,; and BROWN & WILLIAMSON TOBACCO CORP. on its own behalf and as successor to THE AMERICAN TOBACCO COMPANY, hereinafter collectively referred to as the "Settling Defendants", and alleges as follows: JURISDICTION AND IDENTIFICATION OF TIlE PARTIES 1. This is an action for damages in excess of Fifteen Thousand ($15,000) Dollars, the minimum jurisdictional requirement of this Court, exclusive of interest and costs. 2. This action is filed pursuant to the Settlement Agreement of October 9, 1997 between the Settling Defendants, Philip Morris Incorporated, ("Philip. Morris U.S.A."); R.J. Reynolds Tobacco Company, Lorillard Tobacco Co.; and Brown & Wiliiamson Tobacco Corp, on its own behalf and as successor to The American Tobacco Company and the Broin Class, in Casa No. 91-49738 CA (22), Eleventh Judicial Circuit In and for Dade County, Florida. 3, Pursuant to the terms of the Settlement Agreement, as approved and affirmed by the trial and appellate CouP, Plaintiff is bringing her Retained Claim for compensatory damages in Dade County, Florida, where the Settling Defendants have agreed and stipulated that venue and jurisdiction shall be proper in the Eleventh Judicial Circuit. 4. Plaintiff, PATRICIA DOCKWELL CALTABIANO, a non-smoker,.worked as a flight attendant.. Ms. Caitabiano has suffered in the past and continues to suffer from chronic bronchitis, chronic obstructive pulmonary disease, migraine headaches related to second hand smoke and other respiratory and pulmonary ailments, caused from her ongoing exposure to second hand cigarette smoke in airline cabins. 5. Pursuant to the terms of the Settlement Agreement: With respect to any Retained Claims seeking damages on account of lung cancer, chronic bronchitis, emphysema, chronic obstructive pulmonary disease or chronic sinusitis, brought by a member of the class or his or her survivor, the burden of proof as to whether environmental tobacco smoke (ETS) can cause one of the above-described diseases (general causation), shall be borne by the Settling Defendants and the Jury shall be so instructed.,. 6. Pursuant to the Settlement Agreement, the Settling Defendants have waived all defenses of the statutes of limitation and repose for a period of one year from the final approval of the Settlement Agreement, on September 7, 1999. _COUNT I Cl,,AIM AGAINST SETTLING DEFENDANTS FOR STRICT LIABILITY IN TORT 7. The Settling Defendants are strictly liable in tod to the Plaintiff by virtue of the following: (a) Said Settling Defendants manufactured, sold and distributed cigarettes in a defective state. The cigarettes manufactured, distributed and sold'by said Settling Defendants were unreasonably dangerous to bystanders who would be in or around the vicinity of the cigarette smoke. The cigarettes were manufactured defectively and were unreasonably dangerous at the time the cigarettes left the manufacturers' possession. (b) The cigarettes manufactured by these Settling Defendants were expected to and did reach the ultimate user/consumer without any changes in the product and caused permanent and serious harm to the Plaintiff who was an innocent bystander that inhaled the cigarette smoke. (c) The cigarettes were manufactured by these Settling Defendants in an unreasonably dangerous condition in that the cigarettes poisoned the user/smoker as Well as Plaintiff who was 'in the smoker's immediate vicinity. (d) The cigarettes were manufactured, and sold by said Settling Defendants in a defective and dangerous condition because of the following: 3 (i) Settling Defendants failed to design, manufacture, distribute and sell a cigarette that would not pollute the immediate environment of the smoker so as to not cause the Plaintiff serious risks of harm; (ii), Settling Defendants failed to warn Plaintiff or any members of the public that passive exposure to cigarette smoke exposed Plaintiff to serious health hazards; (iii), Seffiing Defendants failed to instruct employers of the Plaintiff, i.e., the airline companies, that cigarette smoking by passengers would expose a f~ight attendant to an unreasonable risk of harm over a period of time. 8. As a direct and proximate cause of Settling Defendants' defective product, Plaintiff PATRIClA DOCKWELL CALTABIANO has suffered in the past and continues to suffer from chronic bronchitis, chronic obstructive pulmonary disease, migraine headaches related to second hand smoke and other respiratory and pulmonary al}merits and has suffered great pain and mental anguish, including a reasonable fear of contracting lung cancer and other cancers in the future, due to her exposure to cigarette smoke at the workplace. ..COUNT II CLAIM AGAINST SETTLING DEFENDANTS FOR BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY AND_FITNESS 9. At all times material the Settling Defendants were in the business of manufacturing, distributing and selling cigarettes throughout the United States and the world. 10. Said Settling Defendants impliedly warranted that cigarettes were merchantable and fit for the ordinary purposes for which they were intended, as a recreational activity with a specified risk to the smoker and no risk to Innocent bystanders. 11. These Settling Defendants breached the implied merchantability in that cigarettes were manufactured, and sold that did indeed expose innocent bystanders to an unreasonable risk of harm from inhaling cigarette smoke in an enclosed area such as a work environment. 12. The Plaintiff was a foreseeable innocent bystander and victim of cigarette smoke. 13. The cigarettes were defective when they were transferred from these Settling Defendants to the smokers. 14. The Settling Defendants, by placing on the market dangerous and poisonous products for use and consumption and by inducing and promoting and encouraging the use of these poisonous products, undertake a special responsibility towards the consuming public and particularly innocent third party bystanders who are injured by this dangerous product, including the Plaintiff herein. 15. The Settling Defendants as manufacturers, distributors and sellers of cigarettes, impliedly warranted that the cigarettes were fit for the ordinary purposes for which they were intended and would not expose innocent third persons to serious illnesses from inhalation of cigarette smoke. 16. These Settling Defendants breached the implied warranty of fitness described above in that the Plaintiff has sustained serious illnesses from inhaling cigarette smoke. 17. As a proximate and direct result of Settling Defendants' breach of implied warranties of merchantability and fitness, the Plaintiff has suffered serious and permanent injuries. COUNT III CLAIM AGAINST SETTLING DEFENDANTS FOR NEGLIGENCE 18. At all times material hereto, the Settling Defendants manufactured, distributed and sold cigarettes and knew or should have known that people in the immediate vicinity of cigarette, users would inhale the smoke and be exposed to an unreasonable risk of harm. 19. At all times material hereto the Settling Defendants knew or should have known that their cigarettes were inherently defective, ultra hazardous, deleterious, poisonous and otherwise harmful to smokers and to those persons in the immediate vicinity of the cigarette smoke. 20. At all times material hereto the Plaintiff did not know, and could not have known that she was exposing herself to an unreasonable risk of harm, including lung cancer by inhaling cigarette smoke while working as a flight attendant. 21. Said Settling Defendants were negligent in one or more of the following ways: (a) Settling Defendants manufactured, produced, sold and supplied cigarettes and in the exercise of reasonable diligence should have known that cigarettes were defective, dangerous, hazardous, poisonous and otherwise harmful to the human respiratory system of non-smokers who were in the immediate vicinity of the smoke; (b) Settling Defendants failed to take any reasonable precautions or exercise reasonable care to adequately or sufficiently warn the Plaintiff of the risks and dangers to which she was exposed from inhaling cigarette smoke while working as a flight attendants; (c) Settling Defendants failed to provide Plaintiff with information available to the Settling Defendants of the health risks involved in being in the immediate vicinity of cigarette smoke; (d) Settling Defendants failed to remove and recall their products from the marketplace upon learning that cigarettes were poiSOnous and caused serious illnesses to cigarette smokers and those in the vicinity of the cigarette smoke. 22. As a direct and proximate result of Settling Defendants' negligence, the Plaintiff has been seriously injured. CLAIM OF PATRiClA DOCKWELL CALT^BIANO 23. As a direct and proximate result of the conduct of these Settling Defendants, under theories of strict liability in tort, breach of implied warranties of memhantability and fitness and negligence, Plaintiff has in the past suffered and will in the future continue to suffer the following damages: (a) Bodily injury; (b) pain and suffering; (c) disability; (d) disfigurement; (e) loss of capacity for the enjoyment of life; (f) medical care and expenses including expenses for physicians care, hospital care, medications, medical apparatus, custodial care and nursing care; (g) loss of wage earning capacity; (h) mental anguish, including a reasonable fear of contracting cancer in the future. WHEREFORE, Plaintiff PATRICIA DOCKWELL CALTABIANO demands judgment against Defendants Philip Morris Incorporated, ("Philip Morris U.S.A."); R.J. Reynolds Tobacco Company, Lorillard Tobacco Co.; and Brown & Williamson Tobacco Corp. on its own behalf and as Successor to The American.Tobacco Company; for all damages recoverable under Florida law, Court costs and demands trial by jury of all issues triable as of right by a jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the C~mplaint was served by Certified Mail pursuant to the Settlement Agreement this~day of , 2000 to Jeffrey Furr, Esquire, Womble Carlyle Sandridge & Rice, PLLC, 200 West Second Street, Suite 1600, Winston Salem, North Carolina 27102, who is accepting service on behalf of all Settling Defendants, GERSON & DAVIS, P.A. Attorneys for Pla~[,ntiff 201 South~iis~.a~ne Boulevard Suite 13/~1, M. ja~mi Center Miami,,~ (305~3'~7~.~. By: L/ / ,/ ~ PI-I~-tP I~I~. GERSON Florida Bar Number 127290 EXHIBIT B The entirety of all recorded information, written or otherwise, from every available source within your custody, including active and archived files, database files, file folder, and every other document, report memorandum, notation or record, whether complete or incomplete, preliminary or final. Every document and record of any type is to be produced without any exceptions, deletions, abridgements, redactions, or withholding; including by not limited to: Complete copies of all prescription profile records, prescription slips, medication records, orders for medication, payment records, insurance claims forms, correspondence and any other records or information relating or pertaining to the health and concerning the physical or mental condition of plaintiff, Patricia Dockweli Caltabiano, a/k/a Patricia Conte Caltabiano, Date of Birth: 05/04/40, SSN#: 163-32-5039. You are also instructed to provide the original records or other materials for comparison to the copies produced. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patricia Caltabiano V. R.J. Reynolds Tobacco : File No. Company, et al. SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Sally McCoy. Medicare LeGal S~_rv~Ces, 1BO0 Center Street, Camp Hill, PA (Name of Person or Entity) 1 7 0 8 9- 0 0 8 9 Within twenty (20) days after service of this subpoena, you are Ordered by the court to produce the following documents or things: SEE ATTACHED EXHIBIT "~" at Dall~r Greenberq & Dietrich, 7111 Valley Green Road, Fort WashinGton, PA 1903, (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Susan Simpson Brown Address: Daller ~reenberq & D~etrlch. LLP 7~[1 Valley Green Rd., Fort WashinGton, PA 19034 Telephone: 215-836-1100 Supreme Court ID # 31328 Attorney For: R.J.-Reynolds Tobacco Company BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eft. 7/97) EXHIBIT B The entirety of all recorded information, written or otherwise, fxom every available source within your custody, including active and archived files, database files, file folder, and every other document, report memorandum, notation or record, whether complete or incomplete, preliminary or final. Every document and record of any type is to be produced without any exceptions, deletions, abridgements, redactions, or withholding; including by not limited to: Complete copies of all prescription profile records, prescription slips, medication records, orders for medication, payment records, insurance claims forms, correspondence and any other records or information relating or pertaining to the health and concerning the physical or mental condition of plaintiff, Patricia Dockwell Caltabiano, a/k/a Patricia Conte Caltabiano, Date of Birth: 05/04/40, SSN#: 163-32-5039. You are also instructed to provide the original records or other materials for comparison to the copies produced. PATRICIA CALTABIANO, Plaintiff, PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U.S.A."), R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO CO., and BROWN & WILLIAMSON TOBACCO CORP., Individually and as Successor to THE AMERICAN TOBACCO COMPANY, Defendants. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 00-09489 CA 24 AGREED ORDER APPOINTING COMMISSIONER FOR ISSUANCE OF SUBPOENAS DUCES TECUM FOR DEPOSITION THIS CAUSE having come on before the Court upon the Defendant, R.J. Reynolds Tobacco Company's Motion for Order Appointing Commissioner for Issuance of Subpoenas Duces Tecum for Deposition regarding Plaintiff, Patricia Caltabiano, a/k/a Patricia Conte Caltabiano and the Court being fully advised, it is hereby: ORDERED AND ADJUDGED 1. R.J. Reynolds Tobacco Company's Motion for Order Appointing Commissioner for Issuance of Subpoenas Duces Tecum for Deposition is GRANTED. CASE NO.: 00-09489 CA 24 2. Daller, Greenberg & Dietrich, LLP, 711 Green Valley Road, Fort Washington, PA 10394, a law firm in and for the State of Pennsylvania, is hereby appointed by this Court as Commissioner to request and procure the issuance of subpoenas duces tecum from the appropriate Court of the State of Pennsylvania to compel the attendance of the following named witnesses for deposition and to compel these witnesses to produce at said deposition the records and documents designated in such subpoenas duces tecum, and to have said subpoenas duces tecum returnable to Daller, Greenberg & Dietrich, LLP, 711 Green Valley Road, Fort Washington, PA 10394: Records Custodian Jeanes Hospital - Pathology 7600 Central Ave. Philadelphia, PA 19111 day of Sally McCoy Medicare Legal Services 1800 Center St. Camp Hill, PA 17089-0089 DONE AND ORDERED in Chambers at Miami-Dade County, Florida this 2002. JAN 2 § 25~2 ~/~ Copies fumished to all Counsel on attached Service List STATE Of FLORIDA, COUNTY F...J~ADE Steven K. Hunter, Esq. Stewart D. Williams, Esq. Angones, Hunter, McClure, Lynch & Williams, P.A. 9th Floor, Concord Building 66 West Flagler Street Miami, Florida 33 ! 30 Phone: 305-371-5000 Fax: 305-371-3948 Counsel for Plaintiffs Kenneth J. Reilly, Esq. William P Geraghty, Esq. Shook, Hardy & Bacon L.L.P. 2400 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131-4332 Phone: 305-358-5171 Fax: 305-358-7470 Counsel for Philip Morris Incorporated and Lorillard Tobacco Co. Douglas J. Chumbley, Esq. Carlton Fields, P.A. 4000 Bank of America Tower 100 S.E. Second Street Miami, Florida 33131 Phone: 305-530-0050 Fax: 305-530-0055 Counsel for R. J. Reynolds Tobacco Company David L. Ross, Esq. Dawn Beighey Georgiades, Esq. Greenberg, Traurig, Hoffman, et al. 1221 Brickell Avenue Miami, Florida 33131 Phone: 305-579-0500 Fax: 305-789-5373 Counsel for Lorillard Tobacco Co. Anthony N. Upshaw, Esq. Adorno & Zeder, P.A. 2601 South Bayshore Drive, Suite 1600 Miami, Florida 33131 Phone: 305-860-7052 Fax: 305-250-7110 Counsel for Brown & Williamson Tobacco Corp., individually and as Successor by merger to the American Tobacco Company MIA#2067539.01 DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Susan Simpson Brown I.D. No. 31328 Valley Green Corporate Center 7111 Valley Green Road Fort Washington, PA 19034 (215) 836-1100 PATRICIA CALTABIANO Attorneys for Defendant/Petitioner, R. J. Reynolds Tobacco Company COURT OF COMMON PLEAS Plaintiff V. PHILIP MORRIS INCORPORATED, : ("PHILIP MORRIS U.S.A.) : R. J. REYNOLDS TOBACCO COMPANY, : LORILLARD TOBACCO COMPANY, and : BROWN AND WILLIAMSON TOBACCO CORP.: Individually and as Successor to THE AMERICAN TOBACCO COMPANY, : Defendants : CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT Local Counsel for Defendant/Petitioner, being duly sworn according to law, deposes and says that she is the attorney for the Defendant/Petitioner; that she is authorized to make this Affidavit on its behalf; and that the facts set forth in the foregoing Petition are tree and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this/g~lay of~ ,2002. Public~ My Commission Expires: Local Counsel for Defendant/Petitioner, R.J. Reynolds Tobacco Company Notarial Seal I~ J. Mitchell, Nota~J Public Whltemarsh Twp., Montgo~_ ery My Commission Expires Oct. 2, Member, Pennsylvania oAssoclation CERTIFICATE OF SERVICE I, Susan Simpson Brown, hereby certify that a tree and correct copy of the Petition for Issuance of a Subpoena was served upon the below-named counsel by U.S. mail, postage prepaid, on ,2002. Steven K. Hunter, Esquire Stewart D. Williams, Esquire Angones, Hunter, McClure, Lynch & Williams, P.A. 9th Floor, Concord Building 66 West Flagler Street Miami, FL 33130 Counsel for Plaintiff Kenneth J. Reilly, Esquire William P. Geraghty, Esquire Shook, Hardy & Bacon LLP 2400 Miami Center 201 South Biscayne Blvd. Miami, FL 33131-4332 Counsel for Philip Morris Incorporated and Lorillard Tobacco Co. Douglas J. Chumbley, Esquire Carlton Fields, P.A. 4000 Bank of America Tower 100 S.E. Second Street Miami, FL 33131 Counsel for R.J. Reynolds Tobacco Company David L. Ross, Esquire Dawn Beighey Georgiades, Esquire Greenberg, Traurig, Hoffman, et aL 1221 Brickell Avenue Miami, FL 33131 Counsel for Lorillard Tobacco Company Anthony N. Upshaw, Esquire Adorno & Zeder, P.A. 2601 South Bayshore Drive, Suite 1600 Miami, FL 33131 Counsel for Brown & Williamson Tobacco Corporation, individually and as Successor by merger to the American Tobacco Company Susan Simpson Brown DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Susan Simpson Brown I.D. No. 31328 Valley Green Corporate Center 7111 Valley Green Road Fort Washington, PA 19034 (215) 836-1100 Attorneys for Defendant/Petitioner, R. J. Reynolds Tobacco Company PATRICIA CALTABIANO Plaintiff PHILIP MORRIS INCORPORATED, ("PHILIP MORRIS U.S.A.) R. J. REYNOLDS TOBACCO COMPANY, : LORILLARD TOBACCO COMPANY, and : BROWN AND WILLIAMSON TOBACCO CORP.: Individually and as Successor to THE AMERICAN TOBACCO COMPANY, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA ORDER AND NOW, this /Y day of /e~t// ,2002, upon consideration of the Petition for Issuance of Subpoenas to Produce Documents and Things and upon motion of counsel for the defendant/petitioner, R. J. Reynolds Tobacco Company, it is hereby ORDERED that the Prothonotary of Cumberland County issue a subpoena directed to the person/entity named below, directing their production of documents and things pursuant to the Florida Rules of Civil Procedure. Sally McCoy Medicare Legal Services 1800 Center Street Camp Hill, PA 17089-0089 BY THE COURT: DALLER GREEN-BERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Diane M. Fleming I.D. No. 86390 Valley Green Corporate Center 7111 Valley Green Road Fort Washington, PA 19034 (215) 836-1100 PATRICIA CALTABIANO Plaintiff PHILIP MORRIS INCORPORATED, : ("PHILIP MORRIS U.S.A.) : R. J. REYNOLDS TOBACCO COMPANY, : LORILLARD TOBACCO COMPANY, and : BROWN AND WILLIAMSON TOBACCO CORP.: Individually and as Successor to THE AMERICAN TOBACCO COMPANY, Defendants Attorneys for Defendant/Petitioner, R. J. Reynolds Tobacco Company COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-1455 CWIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendant, R.J. Reynolds Tobacco Company, Inc., certifies that: 1) a notice of intent to serve a subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2) certificate; 3) a copy of the notice of intent, including the proposed subpoena, is attached to this 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. DALLER GREENBERG & DIETRICH, LLP Diane M. Fleming DATE: April 26, 2002 DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller I.D. No. 02740 By: Diane M. Fleming I.D. No. 86390 Valley Green Corporate Center 7111 Valley Green Road Fort Washington, PA 19034 (215) 836-1100 PATRICIA CALTABIANO Plaintiff PHILIP MORRIS INCORPORATED, : ("PHILIP MORRIS U.S.A.) : R. J. REYNOLDS TOBACCO COMPANY, : LORILLARD TOBACCO COMPANY, and : BROWN AND WILLIAMSON TOBACCO CORP.: Individually and as Successor to THE : AMERICAN TOBACCO COMPANY, : Defendants : Attorneys for Defendant/Petitioner, R. J. Reynolds Tobacco Company COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-1455 CIVIL TERM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ..AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2~ Defendant, R.J. Reynolds Tobacco Company, intends to serve a subpoena directed to Sally McCoy of Medicare Legal Services, identical to the one attached to this notice. You have twenty (20) days fi.om the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. DALLER GREENBERG & DIETRICH, LLP Date: 3MMONWEALTH OF PENNSYLVAt, · COUNTY OF CUMBERLAND Patr~cia Caltabiano .' : R.J. Reynolds Tobacco Company, et al. : FileNo. ~ : SUBPOENATO PRODUCE DOCUMEI~FS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009~2 TO: ~ (Name of Person or Enffiy) am Hill PA ]-7089-0089 Within twenty (20) days after service of this subpoena, you are ~)rdered by the court to produce the following documents or things: at oad Fort, Wash~Ln t,on, PA 1903 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the dght to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name_ Su~an Simp~on Bro%r~ Address: Pallet greenherg &, D~e~:ri~h, T,T,P 711! Valley Green Rd., Fort, Wash~n~t,on, Telephone: 215_836_1100 PA 19034 Supreme Court ID # _ 3132{I Attorney For: R.J. Reynolds Tobacco Company Date: Seal of the Court /'~ r-°t h0no~]l~e rk, ~ivil Division Deputy (Eft. 7/97) EXHIRIT B yourentirety of all recorded information, wntten or othervase, from every available source within custody, including active and archived files, database files, file folder, and every oth~ document, report memorandum, notation or record, whether complete or incomplete, preliminary or final. Every document and record of any type is to be produced without any exceptions, deletions, abridgements, redactions, or withholding; including by not limited to: Complete copies of all prescription profile records, prescription slips, med"cation records, orders for medication, payment records, insurance claimg forms, correspondence and any other records or information relating or pertaining to the health and concerning the physical or mental condition of plaintiff, Patrieia Dockwell Calt~biano, a/k/a Patricis .Conte Caltabiano, Date of Birth: 0~/04/40, SSN#: 163-32-5039. You are also instructed to provide the origami records or other materials for comparison to the copies produced.