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HomeMy WebLinkAbout06-7130DOUGLAS E.WISER, Plaintiff V. CONCORD, INC. and ARTHUR SCHATZ, MD. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - 6 G - 713 6 r-1,A 1 -4 c r? : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Cumberland County Sheriffs Office. Date: December 14, 2006 To The Above Named Defendants: Concorde, Inc. Eleven Penn Center, 12`h Floor 1835 Market Street Philadelphia, PA 19103 Respectfully submitted, ROMINGER & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff WRIT OF SUMMONS Arthur Schatz, MD Eleven Penn Center, 12`h Floor 1835 Market Street Philadelphia, PA 19103 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Pr onotary Date: /, _/ y- ')'06 By: Deputy p? T ? R ob 1 C> N CD Z- c=Y -i am c , rn `. r c -ry m .` ??? p ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendants: Fax: [717] 975-8124 CONCORDE, INC,. E-Mail: rkroll@margolisedelstein.com and ARTHUR SCHATZ, M.D. DOUGLAS E. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D., Defendant. : JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendants, Concorde, Inc., and Arthur Schatz, M.D., in the above-captioned matter. Date: iTEIN E. DOLL, ESQUIRE PA. Attc)kfiey I.D. No. 47243 Attorney for Defendants, CONCORDE, INC., and ARTHUR SCHATZ, M.D. 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the f ;7?day o 2007, and addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013-3455 MARGOLIS EDELS IN ?,.roAnn E. Nelson, S et :z ?`' [T1 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendants: Fax: [7171975-8124, CONCORDE, INC,. E-Mail: rkroll@margolisedelstein.com and ARTHUR SCHATZ, M.D. DOUGLAS E. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D., Defendant. : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. ELSTEIN DATE: By: /0117/owfl 7 C7 f E. 011, Esquire Attorney No. 47243 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7502 TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule to against you or suffer judgment non pros. DATE: ?_;L'Y-J Proth notary, C and C ty CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ;?ay of February 2007, and addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013-3455 fin-Marie Pi er G M i CZ) { SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-07130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WISER DOUGLAS E VS CONCORD INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT CONCORD INC to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA serve the within WRIT OF SUMMONS County, Pennsylvania, to On January 12th , 2007 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 136.00 Postage 1.50 ? 174.50 01/12/2007 ROMINGER & WHARE So answ J _ - -- ols: . Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY Y 14 CASE NO: 2006-07130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WISER DOUGLAS E VS CONCORD INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SCHATZ ARTHUR MD but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA serve the within WRIT OF SUMMONS County, Pennsylvania, to On January 12th , 2007 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 ? 16.00 01/12/2007 ROMINGER & WHARE Sworn and subscribe to before me this day of So answer R. Thomas Kline Sheriff of Cumberland County A. D. Al a In The Court of Common Pleas of Cumberland County, Pennsylvania Douglas E. Wiser VS. Concord Inc et al SERVE: Concord Inc No. 06-7130 civil Now, December 20, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ilL 11,E _ 3 , 200'2, at 9.' Y6 o'clock M. served the within S wLI 1'1'( 01v P upon cc j C0 rcy at 1? 2 S- niJke--T srr by handing to a 1,7- j 6Z U 'I copy of the original J-) USA GN? and made known to ??10/y COOK6 - ice the contents thereof. C1al l? -??W`SS Sworn and subscribe before me this UtP day A- 0 D1 '7(y 14 Otn4hj MYd ALTH O PE t? Yi ?Fas'• ; ,!OTARIAL :>uSAN ROSENPELD, Notarv Puoi, City of Philadelphia, Phila. Count'Icsi`?n ExpireS Marcy , st, v-Qj COST/ SERVICE MILEAGE AFFIDAVIT f i r y In The Court of Common Pleas of Cumberland County, Pennsylvania Douglas E. Wiser VS. Concord Inc et al SERVE: Arthur Schatz MD No. 06-7130 civil Now, December 20, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service Now, ?7mu ?? , 20n2, at '`- o'clock M. served the within S (i 4'utt c c/ f at J) j J by handing to ilk- a 06 copy of the original and made known to a 69• JC tj the contents thereof. So ?' IV l f C-7 a.t? (UCQSS ?C(??( ty,PA TS :'_Gos? Sworn and s bscribed , efore SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT NO IAL SEAL $ SUSAN'L`R NFELD,Notary Public City of Philadelphia, Phila. County My CgtYIM180110h i4pirat MArch 71 2?nA DOUGLAS E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO.: 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D. Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. DOUGLAS E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO.: 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D. Defendant JURY TRIAL DEMANDED COMPLAINT And comes Douglas E. Wiser by and through his attorney Karl E. Rominger, Esquire, and in support of his Complaint, avers as follows: 1. Doug Wiser is an adult individual at who resides at 1838 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defends are Concord, Inc., who's principal place of business is Eleven Penn Center, le Floor, 1835 Market Street, Philadelphia, Pennsylvania 19103 and Arthur Schatz, M.D. who's principal place of business is Eleven Penn Center, lfh Floor , 1835 Market Street, Philadelphia, Pennsylvania 19103. 3. On or about May of 2004, Plaintiff had a sample of his urine tested by Defendants. 4. Defendants claimed to have found the test possibly positive for controlled / banned substances for Commercial Drivers. 5. Plaintiff was traveling in Seattle on or about May 28, 2004 when he learned that Defendants were claiming a positive test result. 6. Plaintiff informed defendant Schatz of the prescription drugs he was taking, and Defendant Schatz asked Plaintiff to produce the prescriptions. 7. On or about approximately June 1, 2004 Plaintiff faxed his prescriptions to defendant Schatz. 8. Plaintiff then repeatedly tried to contact Schatz, but was unable to do so until approximately June 11, 2004 when Schatz was conference in with him, allegedly while Schatz was on vacation. 9. Schatz told plaintiff that he unilaterally tested the split sample. 10. Plaintiff was thus denied his right to have the sample tested by another lab. 11. At no time was plaintiff affirmatively informed that he had a three (3) day, (72 hour) right to request testing of the split sample at another lab. 12. Under 40.135 of the Federal Motor Carrier Regulations, the MOR (defendant(s)) had a duty to inform plaintiff about the verification process and how it would proceed. 13. Further, under 40.137, plaintiff then would have had up to five (5) days to produce relevant evidence concerning a legitimate medical explanation, and if a legitimate medical explanation had been determined, the test result would then become negative. 14. Further under 40.153, the MOR must notify the employee of his right to test a split specimen. This can only be done after the verification period, including the aforementioned medical interview. 15. Had the defendant doctor determined there was a valid medical purpose or explanation to the test result, the final result would have been entered as a negative. 16. The 72 hour notice comes into play when the MOR has verified a drug test is positive which occurs after the medical interview. 17. Part 40.153 places an affirmative duty on the MOR to give notice of the right to have a test of the split specimen, and gives the employee 72 hours from the time that they actually receive notification. 18. Plaintiff had, under other portions of the motor carrier regulations, the right to have the split specimen tested by another laboratory. 19. Unfortunately, Dr. Schatz informed my client that he had unilaterally tested the split specimen which would be in violation of 40.175 (c). 20. Plaintiff only became aware of his right to request a split sample test after he investigated this matter some time well after the complained of events. 21. Defendants did not follow the applicable regulations, and / or give the required notices. 22. Testing the split sample in the same laboratory defeats the entire concept of the split sample doctrine, and was per se negligent. 23. As a result of the failure of defendants to follow the federal regulation applicable, Plaintiff was harmed. 24. Plaintiff as a direct and proximate result of the breaches by defendants lost income, and suffered a serious disability to employability, and lost business. 25. It was foreseeable that the actions of defendants would result in the harm complained of. 26. There were consequential and incidental damages to plaintiff, including lost income, expense in fighting license suspensions, and time and money spent on unnecessary rehabilitation programs to attempt to appease authorities. 27. All of this harm flows from the negligence of defendants. 28. Defendants are negligent in that they did not: a. Follow the applicable federal regulations; b. Did not properly inform Plaintiff of his options; C. Did not timely make the doctor available for consultation on the test and defendant's rights and options. d. Tested a split sample in their own lab, where verification and duplication of the result should have been done by a third party; e. Did not have systems or training in place to ensure that all of Plaintiffs rights and required protocols would be followed. f. Did not discard the test or mark it invalid, when there were substantial issues with its veracity; g. And conducted split sample testing, without first reviewing medical reasons for the failure. 29. Concord labs, Inc. is vicariously liable for the actions of its employ Dr. Schatz. WHEREFORE, Plaintiff prays for judgment in his favor in excess of the statutory limits for compulsory arbitration. BREACH OF CONTRACT 30. Previous paragraphs are incorporated by reference. 3 L Plaintiff was the beneficiary of the contract Concord Labs,Inc. had for his testing. 32. The failure to perform the contract in a professional and workmanlike manner was the cause of the harm to plaintiff. 33. The damages more fully described above flow from that breach and corresponding to duty. 34. Plaintiff is thus owed indemnification and renumeration from defendants. 35. Concord labs, Inc. is vicariously liable for the actions of Schatz. WHEREFORE, Plaintiff prays for judgment in his favor in excess of the statutory limits for compulsory arbitration. Respectfully Submitted, Rominger & Associates Date: January 23, 2008 K E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff DOUGLAS E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO.: 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D. Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, I certify that I this day served a copy of the within Complaint upon the following by depositing the same in the United States mail, first class, postage pre-paid, addressed as follows: Rolf E. Kroll, Esquire 3510 Trindle Road Camp Hill, Pennsylvania 17011 Date: January 23, 2008 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff r'a C.: ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendant: Fax: [717] 975-8124 CONCORDE, INC., E-Mail: rkroll@margolisedelstein.com and ARTHUR SCHATZ, M.D. DOUGLAS E. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D., Defendant. : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: MR. DOUGLAS E. WISER c/o Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013-3455 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Respectfully submitted, Date: ? // By: MOLFly I)MOLL, ESQUIRE PA. A ney I.D. No. 47243 Attorney for Defendants, CONCORDE, INC., and ARTHUR SCHATZ, M.D. 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717) 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendants: Fax: [717) 975-8124 CONCORDE, INC., E-Mail: rkroll@margolisedelstein.com and ARTHUR SCHATZ, M.D. DOUGLAS E. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D., Defendant. : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS, CONCORDE, INC., AND ARTHUR SCHATZ, M.D., TO COMPLAINT OF PLAINTIFF. DOUGLAS E. WISER AND NOW, come Defendants, Concorde, Inc. ("Concorde"), and Arthur Schatz, M.D. ("Dr. Schatz"), collectively hereinafter referred to as "Defendants" to answer the Complaint of Plaintiff, Douglas E. Wiser ("Plaintiff'), and in support thereof, avers the following: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint, and same are therefore denied. 2. Admitted in part and denied in part. It is denied that Defendant is Concord, Inc. On the contrary, Defendant is Concorde, Inc. By way of further answer, Dr. Schatz's offices are located at 2627 N.E. 203rd Street, Aventura, Florida. 3. Denied as stated. Defendants deny that Plaintiff had a sample of his urine tested by Defendants. On the contrary, a random urine sample was collected at the offices of U.S. Health works, located at 1124 Harrisburg Pike, Carlisle, Pennsylvania. U.S. Health Works is not a party to this action. The sample was then sent via Federal Express to Lab Corp. that is located in Mississippi. Lab Corp. is not a party to this action. The results of the laboratory test taken at Lab Corp. were then submitted both electronically and via hard copy to Dr. Schatz on behalf of Concorde where the laboratory studies were interpreted. A true and correct copy of the Federal Drug Testing Custody and Control Form utilized by U.S. Health Works for Plaintiff's random sample reflecting the chain of custody of the urine sample is attached hereto as Exhibit "A." 4. Denied. The allegation of this paragraph of Plaintiff's Complaint refers to a writing which speaks for itself and is the best evidence of all it contains. By way of further answer, the Lab Corp. test results definitively found Plaintiff positive for both Amphetamine and Methamphetamine. A true and correct copy of the Federal Drug Testing Custody and Control Form completed by representatives of Lab Corp. is attached hereto as Exhibit "B." By way of further answer, these same lab results were electronically transmitted to Defendants on May 27, 2004. A true and correct copy of the electronic transmission is attached hereto as Exhibit "C." Dr. Schatz verified the laboratory result after speaking with the Plaintiff. 5. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiff's Complaint, and the same are therefore denied. 6. Denied as stated. In accordance with all applicable laws and regulations, on or about May 28, 2004, Dr. Schatz called Plaintiff at (717) 385-7537. It is believed and averred that this is the very same number supplied by Plaintiff when his random drug -2- test was collected by representatives of U.S. Health Works. At that time, a conversation took place during which a series of questions were asked of Plaintiff including inquiries regarding all prescription medications that Plaintiff was taking. Contemporaneous notations reflect that Dr. Schatz explained to Plaintiff that Plaintiff's prescription of Adderall would not explain the presence of Methamphetamine. A retest was offered to Plaintiff during this telephone conversation. The contemporaneous notations reflect that Plaintiff declined the offer for a retest. By way of further answer, it is admitted that despite the foregoing, Plaintiff indicated that he would fax his prescription for Adderall. A true and correct copy of the medical review officer worksheet reflecting the contemporaneous notes of Dr. Schatz' telephone call with Plaintiff is attached hereto as Exhibit "D." 7. Denied. It is specifically denied that on or about June 1, 2004, Plaintiff faxed his prescriptions to Defendant, Dr, Schatz. On the contrary, based upon the documents in Defendants' file, B. D. Wellmon, II, D. 0., represented himself to be Plaintiff's physician. By facsimile transmission to Defendants dated June 2, 2004, Dr. Wellmon forwarded a handwritten note indicating that Plaintiff takes Adderall which would show as positive for Amphetamine in a blood test. A true and correct copy of the facsimile transmission and Dr. Wellmon's note is attached hereto as Exhibit "E." 8. Denied. It is specifically denied that Plaintiff repeatedly tried to contact Dr. Schatz but was unable to do so until June 11, 2004, when Dr. Schatz was conference [sic] in with him, allegedly while Dr. Schatz was on vacation. On the contrary, Defendants monitor all incoming calls. There are only two telephone calls -3- recorded involving Plaintiff. The first call took place on May 28, 2004, and was initiated by Dr. Schatz. The second call took place on June 8, 2004, and was initiated by Plaintiff. A true and correct copy of the log sheet reflecting the telephone calls is attached hereto as Exhibit "F." By way of further answer, Dr. Schatz was not on vacation during the period from June 1 through June 11, 2004. 9. Denied. It is specifically denied that Dr. Schatz told Plaintiff that he unilaterally tested the split sample. By way of further answer, the split sample was never tested. By way of further answer, Paragraph 6 hereof is incorporated herein by reference as if set forth in full. 10. Denied. This allegation of Plaintiff's Complaint is specifically denied as a conclusion of law which is further denied as being both factually and legally incorrect. By way of further answer, Paragraph 9 hereof is incorporated herein by reference as if set forth in full. 11. Denied. It is specifically denied that Plaintiff was not told that he had a right to request a testing of the split sample. On the contrary, Plaintiff was advised on May 28, 2004, that he had a right to have his split specimen tested. Plaintiff was advised that the retest can be either from the original sample or the split sample. The contemporaneous written notes reflect that the opportunity to have the split specimen tested was declined by Plaintiff and, thus, the allegations of this paragraph of Plaintiff's Complaint are denied. 12. Denied. This allegation is denied as a conclusion of law to which no responsive pleading is required, and the same is therefore denied. By way of further answer, 49 CFR 40.135 governs certain responsibilities of the MRO during the -4- verification interview. Among these responsibilities are the need to advise the employee if their test result was positive; the need to explain the verification interview process; and the need to advise the employee who has a confirmed positive test of the need to provide certain information to third parties. Contemporaneous notations in the file reflect that all of these requirements were met in the instant case. By way of further answer, Dr. Schatz completed an MRO/employee interview checklist contemporaneously with his interview.. A true and correct copy is attached hereto as Exhibit "G." Throughout this checklist, Dr. Schatz placed his initials adjacent to certain topics that he covered as required under the terms of the federal regulations. A review of the MRO employee interview checklist confirms that Dr. Schatz documented that he discussed with Plaintiff the confidentiality of the interview; the Plaintiff's medical history including prescription drug use; the outline of the testing process; the fact that he was calling about a specific drug test and that the drug test was positive. Dr. Schatz also notified Mr. Wiser that he had the right to have his split specimen tested and explained the process to him. Accordingly, the allegations contained in this paragraph of Plaintiff's Complaint are denied as being factually and legally incorrect. 13. Denied. This allegation of Plaintiff's Complaint constitutes a conclusion of law to which no responsive pleading is required and same is therefore denied. By way of further answer, 49 CFR' 40.137 provides that in the presence of a positive test result for Amphetamines, the MRO must offer the employee an opportunity to present a legitimate medical explanation for the positive test result. Dr. Schatz documented his discussion with Plaintiff and explained that Plaintiff's prescription of Adderall - 5 - would not explain Methamphetamine. Section 40.137 provides that the employee has the burden of proof that a legitimate medical explanation exists. The Adderall prescription was not a legitimate medical explanation for the presence of Methamphetamine. As noted above, this discussion was contemporaneously documented in the medical review officer worksheet. Accordingly, the allegations of this paragraph of Plaintiff's Complaint are specifically denied as being factually and legally incorrect. 14. Denied. The allegations of this paragraph constitute a conclusion of law to which no responsive pleading is required, and same is therefore denied. By way of further answer, 49 CFR' 40.153 governs notification of employees of their right to test the split specimen. Dr. Schatz made two contemporaneous notations regarding the issue of Plaintiff's desire for a retest. Specifically, in the medical review officer worksheet, Dr. Schatz noted that a retest was offered and declined. See Exhibit "D." By way of further answer, Paragraphs 9-13 hereof are incorporated herein by reference as if set forth in full. 15. Admitted in part and denied in part. It is admitted that under a hypothetical situation wherein an MRO physician determined that there was a valid medical purpose or explanation to a hypothetical test result, the final result might have been reported as negative. It is specifically denied that this paragraph of Plaintiff's Complaint has any relation to the facts of instant case, and this paragraph is therefore denied. By way of further answer, Paragraphs 9-14 hereof are incorporated herein by reference as if set forth in full. -6- 16-18. Denied. These allegations of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required, and same is therefore denied. By way of further answer, Paragraphs 9-14 hereof are incorporated herein be reference as if set forth in full. 19. Denied. This allegation of Plaintiff's Complaint is specifically denied. On the contrary, the contemporaneously prepared notes reflect that testing of the split specimen was offered, and same was declined. Accordingly, no split sample test was performed. It was a test of an aliquot (i.e., a portion) of the specimen taken from the "A" bottle, not the "B" bottle (i.e., the split specimen). By way of further answer, on or about June 2, 2004, Dr. Schatz ordered an isomer or D&L study on the original sample. This was not a test of the split sample. A true and correct copy of Dr. Schatz' request is attached hereto as Exhibit "H." By way of further answer, the results of the D&L study confirmed, in a quantitative fashion, both the presence of amphetamine and methamphetamine. These results were transmitted electronically in a report dated June 4, 2004, a true and correct copy of which is attached hereto as Exhibit "I." 20. Denied. Paragraphs 9-19 hereof are incorporated herein by reference as if set forth in full. 21-25. Denied. These allegations of Plaintiff's Complaint are specifically denied as both legally and factually incorrect. By way of further answer, Paragraphs 9-19 hereof are incorporated herein by reference as if set forth in full. 26-27. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs of Plaintiffs Complaint, and same are therefore denied. -7- 28(a-g). Denied. It is specifically denied that Defendants were negligent. To the contrary, at all times relevant hereto, Defendants complied with all applicable regulations and performed the tasks assigned to them with reasonable care, caution and prudence under the circumstances. By way of further answer, it is specifically denied that: a. Defendants failed to follow the applicable and federal regulations. To the contrary, Defendants, at all times relevant hereto, followed the applicable federal regulations; b. Failed to properly inform Plaintiff of his options. To the contrary, at all times relevant hereto, Defendants properly informed Plaintiff of his options; C. Failed to timely make the doctor available for consultation on the test and Defendants' rights and options. To the contrary, at all times relevant hereto, Dr. Schatz was available for consultation and initiated the appropriate phone calls in accordance with the federal regulations; d. Tested a split sample in their own lab where verification and duplication of the results should have been done by a third party. To the contrary, no split sample was requested and none was tested; e. Failed to have systems or training in place to ensure all Plaintiff's rights and protocols would be followed. To the contrary, systems training and protocol were in place at all times relevant hereto, and Plaintiff's rights were explained to Plaintiff, and appropriate protocols were followed; f. Failed to discard the test or mark it invalid when there were substantial issues with its veracity. To the contrary, the test result was appropriately -8- marked, the appropriate protocols were followed to ensure its veracity and an isomer study was performed that further confirmed the identity of both amphetamine and methamphetamine in the sample tested; g. Conducted split sample testing without first reviewing the medical reasons for the failure. To the contrary, no split sample was ever tested. By way of further answer, there was no medical failure in the original test or in the isomer study performed that confirmed both the veracity and validity of the original test. 29. Denied. This allegation of Plaintiff's Complaint constitutes a conclusion of law to which no responsive pleading is required, and same is therefore'denied. WHEREFORE, Defendants, Concorde, Inc., and Arthur Schatz, M.D., demand judgment in their favor and against Plaintiff with costs of suit assessed to Plaintiff. BREACH OF CONTRACT 30. Paragraphs 1-29 hereof are incorporated herein by references as if set forth in full. 31-35. Denied. This allegation of Plaintiff's Complaint constitutes a conclusion of law to which no responsive pleading is required, and same is therefore denied. WHEREFORE, Defendants, Concorde, Inc., and Arthur Schatz, M.D., demand judgment in their favor and against Plaintiff with costs of suit assessed to Plaintiff. -9- NEW MATTER 36. Paragraphs 1 through 35 hereof are incorporated herein by reference as if set forth in full. 37. Plaintiff has failed to state a claim upon which relief can be granted. 38. Plaintiff's claims are barred by the doctrines of contributory and comparative negligence. 39. Plaintiff failed to avail himself of appropriate administrative remedies thereby barring Plaintiff's claim in whole or in part. 40. Plaintiff's claims are barred by the doctrines of the court in satisfaction. 41. Plaintiff has failed to mitigate his damages. 42. Plaintiff failed to perform a reasonable investigation into the facts of this case before filing a Complaint. WHEREFORE, Defendants, Concorde, Inc., and Arthur Schatz, M.D., demand judgment in their favor and against Plaintiff with costs of suit assessed to Plaintiff. Respectfully submitted, ELSTEIN Date: /1310 By: ', i &+c-' ROLF E. I LL, ESQUIRE PA. Attorney I.D. No. 47243 Attorney for Defendants, CONCORDE, INC., and ARTHUR SCHATZ, M.D. 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 -10- rtHr G l .Gym- - r G rrrl•--^--•1_r? h ItHL I HWORKS---.--?.•. ?._.?....-.. _.,., 0.539•- " P. I ?0 766 Rdsille Zt, San Diego, CA 92121 FEDERAL DRUG TESTING CUSTODY AND CONTROL FORM Fitst'A1re., Ra?zan, NJ 088118 :• . ?,y . :' ` 04AloxanderDr.. Research TrlangIe park. NC 27709 Pr inked : 12f 03 K ' 1 Y 0 0 29 Madison, Ste. SoO, 8wttle, WA 913. 04 (onfgProof) OUST owItr Svc : $0 0 -833-3384 ' <' 20 Stateline Rd, West, Southaven, MS 38671 02 North Gesaner, Houtston, TX 77040 st wmw ro No- O A 7 7 6 Q 7 8 n 3 - tie 7 V ? oN No. - STEP 1: COMPLETED 6Y COLLECTOR OR EMPLOYER REPRESENT ATNE A. Employer Name, Address and I.D. No. B. MRO Nei O'Address, Phone a Fax No. ) CONTINENTAL TRANSPORT CONCORDE' INC, 4rs?cw• . ??+ ? ? ? ? ? ? ?? ? ? ? KATHY SCHOENENBERCER ARTHUR SCHA,qZ.: MD- il ? ? 627 E . SR T DGE STREET 1835 MARKET 13'T'',- 12TK FLOOR . t SR;GHT6N CO 8060: PHILADELPHIA ';;PA 19 b C3ST6???20 03 303--6SS-0499 Fx: 215-5 •-5555 --SAX; 21 o 11.0CATI : D SS ,. ,,. 5-563-44269 H CODE . onor N or Employee I.D. (? )..Reason for Testt.: ? Pre-employment ` Itandom ? ReasoneblarSus*0n" O P / Aecident ? ., C3 Return to Duty ? Follow-up ? Other (sped(y) Drug Tests to'tye Performed: THC; 00C; PCP, OMAMP ; . 84MC & COC Only' Q Other .1 -r 61 . I CoilYCtar Phon No. G? lect C F ol or ox o. TEP 2.- COMPLETED BY COLLECTOR Read spedmen, temperature within 4 minutes. Is temperature pedmen Collection; f beiw+een 900 and 1000F? es QNo, Enter Reinark fit =Single GNone Provided (Enter Inaftt) -Mbserved (liner RwmdQ REMARKS: " . w TEP 3: Collodar affix " bottle watt=) 0 bottl.4 ' CoAector chaos s684 4 Oon"i"IdNs saei(a? Dotioc =. Pletss STEP S an am 2 (BIRO Copy) CUSTODY a: CHAN OF - N D EY OLLECT R AN OMP D 9Y T Y " GAMY ew Mw `sue b Ms- kler~ h vo f ogy2 Or tllle bfm wu = Clod fi WM le9pd, rooaarror }• SPECIMEN7$ 'E'8) REL mkmd b 00 0 Awry. ' ` 140190 i1 ;-< is ` ?wIN IF1r.t Mr " o.w LOU prlepgNNIN ar aoMo? T 1. tab ECEMB AT LAB., Pflmary Speclmerr. SPECIM S fti S l I BOTTLE(S) REL • e o ntact au - - `JIw"M ot.ocrouaw / 1 ? Yes r? •. ? w ? No, Enter Remark Below n=$ a WNW w o `? rEP S: COMPLETED BY DONOR ?? ow I po'k6d my urine specimen to the C00800rr (lien 1-have nor a r*ad 2 in any manner. each ? i ussdwv9s? i e• Camper- and that the i don tatld4 provided on. ft hm and on Mt -labW afrrxed to each a is COMM " . 7- t? r' ' "alq+aun Oerpr a N- 0% M4 L W of Ow Were a' Daydme Phone No. i 7) Evening Phone No. (` I:j) 1? R'?S • 7 .?? 7 o do of Mrlh A Statrtd the resub of the W-• t ft for the specimen weraw by ft IVn I* W11fiffned poW%el tha IediMW M& 0* yr. =jW y& o • * • about preeagtiorw and over t&oounter med m4am you may have taleen. Therefore, you may went to n)am a Not d l1wee L for you own rrIIS UST 1S NOT NECESSARY. I(you dtoa9e la melee a fist, do eo ellher on a seperatll' plawlat paper or on the back of aopkt (COPY 51. PAOMDE THIS INFORMATION ON THE BACK OF ANY OTHER COPY OF THE FORM, TAKE COPY.5 Wffli YOU , f . • EP 6: COMPLETED BY MEDICAL REVIEW OFFICER - PRIMARY SPECIMEN ' a r if eeoorttarraa-Ntr1h app,3bob(e Fbttml 4 '"y d6wnlh?? 6: M I r 13 NEGATIVE 0 PQsnWE CANCELLEO 0 REFUSAL Td TEST BECAUSE 'k O DILUTE ? ADULTERATED 0 SUBSTITUTED r aw"N.offl.okar ROA. BMW MedlalWW-WNW* "W vft W WO OeM(( KrS SP T. COMPLETED BY MEDICAL REVIEW OFFICER • SP.CIT SPECIMEN awwdarxx3 %47h agpicaw federal fequdrmrrtent>?, my ^ for fJte SP& SpBMf:n ((( reefed) . ,too N " 13 RECONFIRMED .0% E3 FAILED TO RECONFgtM • SON • J i?. w of WNW Fw4wi OPooa f Q!Rlft wd or t?lpwa n.mo IFbsc MI• ta.Q~ ? owe gAolOeYlYr.) La6Celtp LSborim" ry Qyporation of America Holdings itiT$&f, elka. t, an Diego, CA 92121 FEDERAL DRUG TESTING CUSTODY AND CONTROL FORM 5 ? I I I I 69-Firt;tAve.,.Raritan, NJ 08869 Printed; 1rR 1904 Alexander Dr., Research Triangle Park, NC 27709 1229 Madison, Ste. 500, Seattle, WA 98104 (DrugProof) f 1100 9 1111 1120 Stateline Rd. West, Southaven, MS 38671 C?1,t DBtErt`C0-933-390-4 7202.North Gessner, Houston, TX 77040 SPECIMEN ID NO. 0977697803 LAB ACCESSION NO. STEP 1: COMPLETED BY COLLECTOR OR EMPLOYER REPRESENTATIVE A. Employer Name, Address and I.D. No. B. MRO Name, Address, Phone and Fax No. CONTINENTAL. TRANSPORT CONCORDE INC ? 11111111 IN 11111 11 KATHY 3CHOENENBERGER ARTHUR SCHATZ, MD . 627 E : BR I OBE. STREET 183S MARKET ST, 12TH FL-009 W BRIGHTON CO 60601 PHILADELPHIA PA 19103 ? 303--SSS-=8499 Pay: (?'?BS? ?+? ?B?'?? FAX.- 21S--563--1269 LOCATION CODE ; C. Donor SSN or Employee I.D. Noted D. Reason for Test: ? Pre-employment andom ? Reasonable Suspicion/Cause ? Post Accident Certified Tro ? Return to Duty ? Follow-up ? Other (specify) cm E. Drug Tests to be Performed' THC, COC, PCP, OPI, AMP [I THC & COC On ? or 0'iF` 8 D O TJkIDT /FI T OA 2 1 I 19 Collector Phone No. tom-, ,r ?f f U 1 r r Collector Fax No. ( ) STEP 2: COMPLETED BY COLLECTOR Read specimen temperature yvithin 4 minutes. Is temperature amen Collection: ipq -o between 90° and 100°F? es ?NO, Enter Remark lit ?Single ?None Provided (Enter Remark) ?Observed (Enter Remark) m to 0 REMARKS: STEP 3: Collector affixes bottle seat(s) to bottle(s). Collector dates seal(s). Donor Inttlals seal(s). Donor completes STEP 5 on Copy 2 (MRO Copy) STEP 4: CHAT OF CUSTODY - INITIATED BY COLLECTOR AND COMPLETED BY LABORATORY , I cerWy Brat ties glhren to y e or Identified in the aerdfioa section -on Copy 2 of tide form was croNetxed , Abefad,, sealed and released b the DaWW Service noted te - ? k SPECIMEN BOTT ) RELEA O: L / K Cabows Noma (Fkst. MI. Led) (nbroay 'r.) ? Natos of Service T Speckm b Lab RECE D AT B: Prima pecimen SPECIMEN BOTTLE(S) RELEASED TO: ? - o Seallntact B sigifature Yes TIS FksL MI Last) Di Mo/Da r ? ? No, Enter Remark Below STEP 5a: RIMARY SPECIMEN TEST RESULTS - COMPLETED BY PRIMARY LABORATORY C. [I NEGATIVE SITIVE for. [I MARIJUANA METABOLITE ? CODEINE HETAMINE [I ADULTERATED ? DILUTE ?- ? COCAINE METABOLITE ? MORPHINE JLMETHAMPHETAMINE ? SUBSTITUTED Z rr ? REJECTED FOR TESTING ? PCP ? 6-ACETYLMORPHINE ? INVALID RESULT REMARKS MCorp OTS Southaven (800) 4447799 t from above) TEST LAB diff eren accordance WRM I certify Specimen ' on this farm was ezsmtned upon receipt. handled usiprocedures, analyzed, and reported in ?- • . J Swatu a Ot cwwptv Scientist ollyft s Name TWA MI. Led) Date (Maftyfyr.) STEP 5b: SPLIT SPECIMEN TEST RESULTS - (IF TESTED) COMPLETED BY SECONDARY LABORATORY ? RECONFIRMED ? FAILED TO RECONFIRM - REASON lsborab ry Name f car* that the split spedmen ]dentitied on thla form was examined upon receipt handled using chain of custody procedures, analyzed, and reported in accordance with applicable Federal requirements. Laboratory AdMass X Signature of Certifying Scientist (PRINT) Certifying Sdentlsrs Name (Fkst. MI. Lad) Data "OfDaylyr.) PATE POSH OFBAROODE STAM AT BOTTOM OF CONTAINER A SHOWN HERE • i. # Specimen ID: 414370021160 1 S/R: S I LAP: JJ i STATUS: FINAL I PAGE: 1 # # TIME 1615 # Account Number = 05762220 # # 180-38-9393 # CONTINENTAL TRANSPORT (DOT) # # CCU:0977697803 H-00784487 # KATHY SCHOENBERGER # # $03 ME Y CD-- 0977697803 # 627 E. BRIDGE STREET ## # Doctor: # BRIGHTON , CO 80601 # #----------------------------------------- # # # Pat i ent# 180389393 Fasting: # WISER DOUGLAS E # Date I Date I Date # # # Entered I Received 1 Reported # # # I I # # Sex:N Age: # 5/21/2004 1 5/22/2004 1 5/27/2004 # ############################################################################### COLLECTORS NAME: HEATHER DUNCA PHONE#: 7172452411 MRO NAME: ARTHUR SCHATZ CERTIFYING SCIENTIST: CHRIS COX DATE: 05/27/04 EMPLOYER NAME: CONTINENTAL TRANS SAMPLE ID: 0977697803 LAB ACCESSION NUMBER: 0977697803 REASON FOR TEST: RANDOM Drug Abuse, HHS/DOT (5 Drugs) • (ng/mL-) JJ SCREEN CONFIR DRUG RESULT CUTOFF CUTOFF Amphetamines POSITIVE 1000 ?0?- _ Amphetamine GC/MS Conf POSITIVE 0 500 JJ• Methamphetamine GC/MS Conf POSITIVE 0 500 JJ Marijuana Metabolite NEGATIVE 50 0 JJ Cocaine Metabolite NEGATIVE 300 0 JJ Opiates NEGATIVE 2000 0 JJ PCP NEGATIVE 25 0 JJ Branch: (800)762-4344 Lab: (662)342-1286 Director: ---> For retransmission call: Concorde, Inc (800) 662-1676 <--- ** END OF REPORT ** CbNcoRq. Apt0ccuPATKNLAL HEALTH MANAGEMENT COMPANY Specimen ID: 414370021160 1 S/R: S 1 LAB: JJ I STATUS: PART I Faye: 2 ! Form Number: 0977697803 Soc Scar.: Num: 180°-38°-9393 Collected : 5/21/04 Lab Recvd : 5/22/04 Lab Report:: 5/27/04 Account Number : 05762220 CONTINENTAL TRANSPORT ATTN:KATHY SC:HOE:NENBE:RGE:R 627 E. BRIDGE". STREET BRIGHTON , CO 80601 MEDICAL_ REVIEW OFFICER WORKSHEEET Notes from Production Medications: ADDERALL.. ospitalization: Surgery: Other: CONTACT NOTES: Date Time Contact Notes 5/28/04 14:22 Called 717-385--7537 Spoke with DOUGLAS WISER. Verified SS. Admits use of AMPHETAMINES - takes Adderall Rx but this would not explain the presence of methamphetamine. Retest: offered -- declined. He will fax Rx. 6/7/04 Rec' d results of isomer study = 967 D--Methamphetamine. ACCOUNT CONTACT (USIA' ONLY WHEN EMPLOYEE CAN NOT BE CONTACTED) **** ATTENTION: This section only applies to DOT/NIDA testing **** CONTINENTAL TRANSPORT ATTN:KATHY SCHOENENBERGER 627 E. BRIDGE STREET BRIGHTON , CO 80601 0:00 2nd contact: -PAMELA WILLIAMS FAX: 303-655-1050 (303) 655-•8499 r n MRO INFORMATION EAS13 Name: Arthur J. #Sch z, M. D. Fax: (954)457-7033 tFinal Decision: POSITIVE QOYENIamaSF "asOMS/ON C'OQ WWWowmWon 1835-MARKET STREET . 12TH FLOOR 1835 MARKET STREET • 12TH Rook PHILADELPHIA, PA 19103.2994 PHILADELPHIA. PA 19103-299d 215-581.6010 • FAX 215-581-9389 215.563.5555 • FAX 215-563.1269 a Irot 40M To: Dc- Sc hn+z- From. Fax: Pages: Phone: Date: Re: ,lug LJ:. e- r CC: 0 Urgent O For Review O Please Comment C] Please Reply 0 Please Recycle e Comments: rr ? 1 1 This document is intended only for the person named above. This document may contain confidential patient records. Only those involved directly with this patient's care should view these documents. It you have received this fax in error please contact our office immediately. Do not distribute these records or any copies to any person or persons not involved with the patient's care unless given consent to do so. • i t ALL STATE' _EGA( BLI1 ^ i?:,,, i.I'ti EEGYCLEO i ? i i -------_??==?= .------ ?T ? 17 -- ------- --- --- - TAI 60 C% v 6D3 ALLSTATETLEGAL 800-2220510 ED11 RECYCLED CbNcoRi:*. AIR OCCUPATIONAL HEALTH MANAGEMENT COMPANY Specimen ID: 414370021160 I 3/R.- 5 I LAB: JJ I STATUS: PART ? Plage: I Form Number: 0977697803 Soc Sec NuM : 180-38--9393 Collected : 5/21/04 Lab Recvd : /22/04 Lab Report: 5/27/04 Account Number : 05762220 CONTINENTAL TRANSPORT ATTN:KATHY SC:HOENENDERGER 627 E. BRIDGE. STREET BRIGHTON , CO 80601 MRO / EMPLOYEE INTERVIEW CHECKLIST Employee Name: [WISER, DOUGLAS E. Employee Phone(s): [DOT/717-385-7537 Date: E 5/28/04_1 Time: 114:223 AJS3 1) AJS3 2) AJS3 3) AJS3 4) AJS3 5) N/A3 6) AJS3 7) N/A3 8) N/A3 9) AJS3 10) AJS3 11) AJS3 12) AJS3 13) AJS3 14) 3 Establish the identity of the employee (name, social security number). Introduce yourself as the physician serving as the MRO for EMPLOYER, with the duty of -receiving and reviewing drug test -results. Clearly state that you have been designated the MRO for the EMPLOYER'S drug testing program. Inform employee that medical information discussed during the interview is confidential, and may only be disclosed under very special circumstances. Identify those circumstances:. Ask for -recent medical history when appropriate, such as: - Prescription druqs - OTC drugs Dental., EMT, opthalmoloclir., or other medical procedures -- Food ingestion Briefly describe the testing process, including screening and GC/MS. If the employee -requests quantitative levels, provide them if they are available. If not, the MRO should -request them, but inform the employee that this will not delay the final reporting to the employer. Tell the employee you are calling about the specific drug test he/she underwent on the specific date. Inform the employee what drug(s) the specimen testing positive for. Request that the employee provide medical records when necessary, be sure to set a specific deadline for -receipt. Request the employee to undergo a medical examination, when appropriate, make arrangements for medical evaluation. Notify the employee that he/she may undergo a retest, at THEIR expense Explain the process to them, specifically that the SAME specimen will be tested, or the split sample, if available. Inform them that this re-test will not delay the -reporting of this test -result. If the interview is complete, inform the employee that the appropriate company off:ici.al will be notified. If the -result is positive, inform the employee that an Employee Assistance Program may be available at their company. Offer to answer additional questions. Give your name and phone number- in case the employee has further questions. OOM MAIEW SErMs OfY WN 1835 MARKET STREET • 12TH FLOOR PHILADELPHIA, PA 19103-2994 215-587-6010 • FAX 215-587-9389 3 SSIt Verified? EYES] CORPMAR ORWIN 1835 MARKET STREET • 12TH FLOOR PHLAOEtPFNA. PA 19103-2994 215-563-5555 • FAX 215-563-1269 ALL-STATE^ LEGAL B00-22 -0510 ED11 RECYCLED o WC. Al OCCUPATIONAL HEALTH MANAGEMENT COMPANY o: Roche Labs -- tt JJ (iJ) :tune 2, 2004 * REPRINT * x IMMEDIATE RESPONSE= REQUESTE=D NOTICE. 1*0 RUN SPECIMEN lease process the following sample: Accession 0: 4143700211.60 r'atien•1: ID-, 180 8•-9 39,3 DDITIONAL NOTES: PLI:EASE* PEE CAPTIONED QUESTIONS (.;278. THANK YOU Collection Date: 5/21/2004 Specimen Form It.- 0977697103 RF°ORM A DLL STUDY ON THE ABOVE f3PL' C 7:MEN. SHOULD YOU 4MVE:: ANY PLEASE CALL 215--563--5555 EXT hank you for your prompt attention to this matter. lease contact Concorde, Inc at 215--.563•-5555. Arthur J. Schatz, II. D. Concorde, Inr. Eleven Penn Center, 12th F"l.oo•r 1835 Market Street Philadelphia, PA 1`'3103 S1 : system If you have any questions, fiovrarMrNr SMVKU D OMON CORPOUN Own 1835 MARKET STREET -12TH FLOOR 1835 MARKET STREET • 1214 Roca PHILADELPHIA, PA 19103-2994 PHRAOEIPFaA. PA 19103-2994 215-587.6010 -FAX 2)5-581-9 ja9_, ,.,.1,____ _ .- 215-563.5555 • FAX 215-563-1269' • V Specimen ID: 414370021161 1 S/R: S I LAB: JJ I STATUS: FINAL I PAGE: 1# # TIME 0000 # Account Number = 05762220 # # 180-38-9393 # CONTINENTAL TRANSPORT (DOT) # # CCU:0977697803 H-00784487 # KATHY SCHOENBERGER # # $03 Y CD- 0977697803 # 627 E. BRIDGE STREET # # Doctor: # BRIGHTON , CO 80601 # #- --------------------------------------- # # # Patient# 180389393 Fasting: #- -------------------------------------- # #. 180-38-9393 , # Date I Date I Date # # # Entered I Received I Reported # # # I I # # Sex:N Age: # 5/21/2004 1 6/03/2004 1 6/04/2004 # ## ####################################### ###################################### REASON FOR TEST: RANDOM D/L Methamphetamine D Methamphetamine 96 % JJ L Methamphetamine 4 % JJ Branch: (800)762-4344 Lab: (662)342-1286 Director: ---> For retransmission call: Concorde, Inc (800) 662-1676 <--- ** END OF REPORT ** L/ /0 • VERIFICATION I, ARTHUR J. COHEN, ESQUIRE, as an Officer of CONCORDE, INC., have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, CONCORDE, INC., AND ARTHUR SCHATZ, M.D., TO COMPLAINT OF PLAINTIFF, DOUGLAS E. WISER, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 1.8 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subiect to criminal penalties. Date: o"` i VERIFICATION I, ROLF E. KROLL, ESQUIRE, individually and as counsel for Defendant, ARTHUR SCHATZ, M.D., have drafted and read the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, CONCORDE, INC., AND ARTHUR SCHATZ, M.D., TO COMPLAINT OF PLAINTIFF, DOUGLAS E. WISER. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may bp,!rubje(j to criminal penal O r Date: F R E OLL, ESQUIRE V CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, CONCORDE, INC., AND ARTHUR SCHATZ, M.D., on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the%34day, 2008, and addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013-3455 MARGOLIS EDELST oAnn E. Nelson, Secret y r? 1__ . CA ??( ? ' ..++4 '??• v ? ? i •? }.r9 ? 7 --'??? pp ?* r t?. ,y. ((Y% .` ? ? ,. ' }' (,?, ?• ? ... ?.,? i ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: 17171 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendant: Fax: 17171975-8124 CONCORDE, INC., E-Mail: rkroll@margolisedelstein.com and ARTHUR SCHATZ, M.D. DOUGLAS E. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D., Defendant. : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Verification of Arthur Schatz, M.D., to the Answer with New Matter of Defendants, Concorde, Inc., and Arthur Schatz, M.D., to Complaint of Plaintiff, Douglas E. Wiser, filed on or about February 14, 2008, with regard to the above-referenced matter. Respectfukly submitted, EDELS Date: y: PA.Attorney I.D. No. 47243 Attorney for Defendants, CONCORDE, INC., and ARTHUR SCHATZ, M.D. 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 VERIFICATION I, ARTHUR SCHATZ, M.D., have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, CONCORDE, INC., AND ARTHUR SCHATZ, M.D., TO COMPLAINT OF PLAINTIFF, DOUGLAS E. WISER, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: Q .A CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO FILE OF RECORD THE VERIFICATION OF ARTHUR SCHATZ, M.D., TO THE ANSWER WITH NEW MATTER OF DEFENDANTS, CONCORDE, INC., AND ARTHUR SCHATZ, M.D., on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ?'`t.?day of , 2008, and addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013-3455 MARGOLIS EDELSTEIN By ii . JoAnn E. Nelson, Secretaify { 0 +v cry w DOUGLAS E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO.: 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D. Defendant JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND COMES, Douglas E. Wiser by and through his attorney Karl E. Rominger, Esquire, and in support of his Answer to New Matter, avers as follows: 36. This paragraph is a conclusion of law and requires no answer. To the extent that an answer is deemed necessary it is denied. 37. This paragraph is a conclusion of law and requires no answer. To the extent that an answer is deemed necessary it is denied. 38. This paragraph is a conclusion of law and requires no answer. To the extent that an answer is deemed necessary it is denied. 39. This paragraph is a conclusion of law and requires no answer. To the extent that an answer is deemed necessary it is denied. 40. This paragraph is a conclusion of law and requires no answer. To the extent that an answer is deemed necessary it is denied. 41. This paragraph is a conclusion of law and requires no answer. To the extent that an answer is deemed necessary it is denied. 42. This paragraph is a conclusion of law and requires no answer. To the extent that an answer is deemed necessary it is denied. WHEREFORE, Plaintiff prays for judgment in his favor in excess of the statutory limits for compulsory arbitration. Respectfully Submitted, Rominger & Associates Date: May 20, 2008 Kirl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff DOUGLAS E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO.: 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D. Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, I certify that I this day served a copy of the within Answer to New Matter upon the following by depositing the same in the United States mail, first class, postage pre-paid, addressed as follows: Rolf E. Kroll, Esquire 3510 Trindle Road Camp Hill, Pennsylvania 17011 Respectfully Submitted, Rominger & Associates Date: May 20, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 R2.16 116-H MCS on behalf of /S/ Rov e xroll ROLF E. KROLL, ESQ. Attorney for DEFENDANT DE12-0264799 28895-LO1 03-20-'09 15:34 FROM-ROMINGER & ASSOC 7172416878 T-803 '^F01t002 F-926 B&CON 1601 market Street, Suite sm, Philadelphia Fe g1Vauia 393M (215) 246 - 0900 Pax Number +W?-99S?- URGENT! ! ! ! ! URGENT! ! ! ! ! URGENT! ! ! ! ! MARCH 20, 2009 DOUGLAS E. WISER WISER Vs CONCORDE & ARTHUR. SCHATZ, M.D. MARGOLIS EDELSTEIN ROLE E. KROLL, ESQ. - ( ) - We have been requested by the above-mentioned counsel to obtain material on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Mules 4009.21 and 4009.22. Please fax this form to us immediately at ISj-2 6?9p 9 with Your sic gom 84 that we may comply with this request, - ,? Your cooperation would be greatly appreciated. Sincerely, DARNELL SALEEM Custodians: [ Note: see enclosed list of locations Counsel, KARL E. ROMINGER, ESQ. 717) 241.6878 ?I ?? I agree to waive waiting period Date: Copies: Yes No I agree to pay the invoice provided with the documents Review Documents: Yes- No Advise of Cost I do not agree to waive rule: Date: Billing Info: 82.16 11' -H RRw3-001'1350 28895-COI 03-20-'09 15;36 FROM-ROMINGER & ASSOC 7172416878 T-80° 7902/002 F-926 A>? IK TION LIST <<< BAGS: 1 LOCATION NAME RECORDS RE UIS ?- CONTINENTAL TRANSPORT, INC. BIMEAU OF DRIVER LICENSING SHIPPBNSBURG FAMILY PRACTICE CHAMBERSHvRG H08PITAL CHAMBERSBURG HOSPITAL CHAMBERSOXMG HOSPITAL CHAMBERSDURG HOSPITAL BAXTER WELF,MON, D.C. CARLISLE REGIONAL MRDxCA.I. CTR - CARLISLE H06PITAL CARLISLE HOSPITAL CARLISLE HOSPITAL EeLOyxw SERVICE RECORDS MBDIC'AL, HIIsxNG, MSDICAL RECORDS BILL7,M ONLY .X-RAY ONLY PAT,'HOZ,OGY MDICAL, BILLING, BILLING ONLY MEDICAL RECORDS X-RAY ONLY PATHOLOGY AND X-RAY(S) AND X-RAY(S) R2.16 116-H RRW1-0017350 28895-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WISER -vs- CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CASE NO: 06-7130 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: KARL E. ROMINGER, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROLF E. KROLL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If 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 completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/20/2009 CC: ROLF E. KROLL, ESQ. - KARL E. ROMINGER, ESQ. L/O OF KARL ROMINGER 155 HANOVER STREET MCS on behalf of ROLF E. KROLL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 CARLISLE, PA 17013 R2.16 116-H DE02-0488247 28895-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CONTINENTAL TRANSPORT, INC. BUREAU OF DRIVER LICENSING SHIPPENSBURG FAMILY PRACTICE CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. CARLISLE REGIONAL MEDICAL CTR. CARLISLE HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL EMPLOYMENT SERVICE RECORDS MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL, BILLING, AND X-RAY(S) BILLING ONLY MEDICAL RECORDS X-RAY ONLY PATHOLOGY R2.16 116-H DE02-0488247 28895-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : File No. 06-7130 VS. CONCORDE & ARTHUR SCHATZ, M.D. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CONTINENTAL TRANSPORT, INC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc- 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: ROLF E. KROLL. ESQ. ADDRESS: 3510 TRINDLE, ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant `MAR 3 o 2009 Date: BY THE COURT: Prothonotary/Clerk, Civil Div' ion Deput Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CONTINENTAL TRANSPORT, INC. 627 E. BRIDGE STREET BRIGHTON, CO 80601 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-9393 Date of Birth: 06-01-1948 82.16 116_H SU10-0777990 28895-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 mcs on behalf of /S/ Kof e J?rofl, ela. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264802 28895-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : File No. 06-7130 VS. CONCORDE & ARTHUR SCHATZ, M.D. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BUREAU OF DRIVER LICENSING (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.- 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: ROLF E. KROLL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL- PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 3 0 2009 Date: BY THE COURT: ?7 ?? Prothonotary/Clerk, Civil Division y Deput Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BUREAU OF DRIVER LICENSING DRIVER RECORDS SERVICES P.O. BOX 68695 HARRISBURG, PA 171068695 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. CERTIFIED DRIVER RECORDS INCLUDING NAME, ADDRESS, DRIVER NUMBER, DATE OF BIRTH, CLASS, LICENSE STATUS, DEPARTMENT ACTIONS & VIOLATIONS FOR THE COMPLETE HISTORY OF SUBJECT. ANY AND ALL SERVICE RECORDS PERTAINING TO: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0777992 28895-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 mCS on behalf of /S_ / /Coye XPOI`, ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264s05 28895-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : VS. CONCORDE & ARTHUR SCHATZ, M.D. : File No. 06-7130 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SHIPPENSBURG FAMILY PRACTICE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTA 14ED RIDER * * * * at The MCS Group. Inc.- 1601 Market Street, Suite 800, Philadelphia- PA 19103 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: ROLF E. KROLL, ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 3?&? c! MAR 3 0 2009 BY THE COURT: Prothonotary/Clerk, Civil Divi n f Depu Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHIPPENSBURG FAMILY PRACTICE 46 WALNUT BOTTOM ROAD SHIPPENSBURG. PA 17257 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS FROM DR. KAREN BRYSON & PATHOLOGY RECORDS. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0777994 28895-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS on behalf of /S/ Kof e xroll, ciao ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264808 28895-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : VS. CONCORDE & ARTHUR SCHATZ, M.D. : File No. 06-7130 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAMBERSBURG HOSPITAL. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc., 1601 Market Street. Suite 800- Philadelphia- PA 19103 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 parry 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: ROLF E. KROLL, ESQ. ADDRESS: '510 TIRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant _ MAR 10 2009 Date: JU? 1&24 BY THE COURT: 1 yf? ??1 Prothonotary/Clerk, Civil Divi?on Depu Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL MEDICAL RECORDS 112 N. 7TH STREET CHAMBERSBURG, PA 17201 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: 180-38-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0777996 28895-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER -VS- CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS on behalf of /s/ Koye xrol , ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264811 28895-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : VS. CONCORDE & ARTHUR SCHATZ, M.D. : File No. 06-7130 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAMBERSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc., 1601 Market Street, Suite 800, Philadelphia- PA 19103 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: ROLF E. KROLL. ESQ. ADDRESS: ' 510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: ?215) 746-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: & G/ BY THE COURT: Prothonotary/Clerk, Civil D/invi ion /? Depu Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL BILLING DEPT. 760 E. WASHINGTON ST CHAMBERSBURG, PA 17201 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social security #: 180-38-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0777998 28895-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS on behalf of /S/ K4e - ro 1, e'aa. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264814 28895-LO6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER File No. 06-7130 VS. CONCORDE & ARTHUR SCHATZ, M.D. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for CHAMBERSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group- Inc., 1601 Market Street, Suite 800- Philadelphia, PA 19103 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: ROLF E KROLL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 'MAR 3 0 2009 Date: BY THE COURT: --K/ &J11a Z --L? Prothonotary/Clerk, Civil Divisio Deput Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL RADIOLOGY DEPT. 112 N. 7TH STREET CHAMBERSBURG. PA 17201 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RIMER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: 180-38-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0778000 28895-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS on behalf of /s/ /? oC e -kroff,ij. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264817 28895-LO7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : VS. CONCORDE & ARTHUR SCHATZ, M.D. : File No. 06-7130 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAMBERSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc.- 1601 Market Street, Suite 800- Philadelphia, PA 19103 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: ROLF E. KROLL, ESQ. ADDRESS: 3510 TR_INDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant (LIAR 3 0 70H Date: &/Gm BY THE COURT: i 76 /' &in Prothonotary/Clerk, Civil Depu Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL PATHOLOGY DEPT. 112 N. 7TH STREET CHAMBERSBURG, PA 17201 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all pathology reports and records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: 180-38-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0778002 28895-LO7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO : 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS o//nn? behalf of //?? /S/ Koge .J?ro6l, e3q. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264820 28895-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : File No. 06-7130 VS. CONCORDE & ARTHUR SCHATZ, M.D. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BAXTER WELL MON D O (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: ROLF E. KROLL, ESQ. ADDRESS: 3510 TRINDLE. ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ;MAR 3 0 2009 Date: &?? fg BY THE COURT: 1(z i/-j 9- Prothonotary/Clerk, Civil Division 441 11 , fiml Deput Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BAXTER WELLMON, D.O. 127 WALNUT BOTTON ROAD SHIPPENSBURG, PA 17257 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING PATHOLOGY RECORDS. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0778004 28895-L08 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS on behalf of //?? /S/ J?roll, 6a. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264823 28895-LO9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : File No. 06-7130 VS. CONCORDE & ARTHUR SCHATZ, M.D. : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Groun Inc.- 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: ROLF E. KROLL. ES ADDRESS: 3510 TRINDLE ROA TELEPHONE: (25) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: MAR 3 0 2009 Dater ?s/ ??r?ls Y- L?Y1 Prothonotary/Clerk, Civil Division .? Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR. BILLING DEPARTMENT 246 PARKER STREET CARLISLE. PA 17013 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0778006 28895-LO9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS on behalf of /S/ Kole xroll, ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264826 28895-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : File No. 06-7130 VS. CONCORDE & ARTHUR SCHATZ, M.D. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Inc.- Market Street Suite 800, Philadelphia, PA 19103 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: ROLF E. KROLL, ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 3 0 2009 Date: BY THE COURT: /I/ bw ?' visio Prothonotary/Clerk, Civil Din Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL MEDICAL DEPT. 246 PARKER STREET CARLISLE, PA 17013 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: %%X-%8-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0778008 28895-LlO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WISER _VS_ CONCORDE & ARTHUR SCHATZ, M.D. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06--7130 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS o[/nn? behalf of ////?? /S/ Koye _zol/ 6a. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264829 28895-Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER : VS. CONCORDE & ARTHUR SCHATZ, M.D. : File No. 06-7130 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc., 1601 Market Street Suite 800,.Philadelphia- PA 19103 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: ROLF E KROLL, ESQ. ADDRESS: 3510 TIRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 3 0 annQ Date: BY THE COURT: P /z, zM), Prothonotary/Clerk, CivilDivi on Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL RADIOLOGY DEPT. 246 PARKER STREET CARLISLE, PA 17013 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: XB%-XS-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0778010 28895-Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS WISER TERM, CUMBERLAND -VS- CASE NO: 06-7130 CONCORDE & ARTHUR SCHATZ, M.D. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 03/20/2009 MCS on behalf of /S/ Kole xroD/? 6?, 6a. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R2.16 116-H DE12-0264832 28895-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WISER File No. 06-7130 VS. CONCORDE & ARTHUR SCHATZ, M.D. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: - Custodian of Records for CARLISLE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc,.1601 Market Street, Suite 800. Philadelphia. PA 19103 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: ROLF E KROLL ESQ. ADDRESS: 3510 TRUNDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 3 0 2009 Date: BY THE COURT: I/ &i/ ?- ??? Prothonotary/Clerk, Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL PATHOLOGY DEPT. 246 PARKER STREET CARLISLE, PA 17013 RE: 28895 DOUGLAS E. WISER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all pathology reports and records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS E. WISER 1838 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-9393 Date of Birth: 06-01-1948 R2.16 116-H SU10-0778012 28895-L12 OF T.- ARY 2u";" CIL i kt E:r -0FFiCkE ROLF E. KROLL, ESQUIRE ;r i HL P?tiQTiiONOTAR` Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 200 I ! M "iR - 4 PM 1: 31 3510 Trindle Road Camp Hill, Pennsylvania 17011 CUMBERLAND COUNTY Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 PENNSYLVANIAAttorneys for Defendant: Fax: [717] 975-8124 CONCORDE, INC., E-Mail: rkroll@margolisedelstein.com and ARTHUR SCHATZ, M.D. DOUGLAS E. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D., Defendant. : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of Subpoenas for Documents and Things pursuant to Rule 4009.22, Defendants, Concord, Inc. and Arthur Schatz, M.D., certify 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) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate; (3) more than twenty (20) days has passed since the service of the Notice of Intent and Counsel for the Plaintiff has not filed an objection; and (4) the Subpoena which was served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Margolis Edelstein Date: March 3, 2011 1/ 'IzO Vol n W43 Counsel for Defendants Concord, Inc. and Arthur Schatz, M.D. ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717] 975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendant: CONCORDE, INC., and ARTHUR SCHATZ, M.D. DOUGLAS E. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D., Defendant. : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, Concord, Inc. and Arthur Schatz, M.D., intend to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made the Subpoena may be served. Margolis Edelstein Date: February 8, 2011 4Z%e Rolf E. Kr , Esquire Attorney I.D. #47243 Counsel for Defendants, Concord, Inc. and Arthur Schatz, M.D. DOUGLAS E. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. CONCORD, INC., and ARTHUR SCHATZ, M.D., : NO. 06-7130 Defendant. : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS AND THINGS TO: Pennsylvania Department of Transportation, Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: a certified copy of the Drivers Record for Douglas E. Wiser, 1838 Ritner Highway, Shippensburg, PA 17257, DOB: 6/1/48, Driver's Number 13526467 at the offices of Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011. 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. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH PA. R.C.P. No. 234.2(a): Name: Rolf E. Kroll, Esquire, Margolis Edelstein Address: 3510 Trindle Road, Camp Hill, Pennsylvania 17011 Telephone: (717) 975-8114 Supreme Court ID # 47243 If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa.R.C.P. No. 234.2. If a subpoena for a production of documents, records or things is desirable, complete paragraph 2. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 document on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the 8th day of February, 2011, and addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013-3455 MARGOLIS EDELSTEIN By: ?/?- 0 " Vicki A. Bolinger, RP CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22, on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 3rd day of March, 2011, and addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013-3455 MARGOLIS EDELSTEIN By: Vicki A. Bolinger, RP DOUGLAS E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A CIVIL ACTION - LAW V. NO.: 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D. , Defendant JURY TRIAL DEMANDED ' McV c_ PRAECIPE TO DISCONTINUE 4 TO THE PROTHONOTARY: `- Please mark the above case as settled and discontinued on behalf of the Plaintil Respectfully Submitted, Rominger & Associates Date: January 20, 2012 Karl . Rominger, Esquire 15 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff DOUGLAS E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO.: 06-7130 CONCORD, INC., and ARTHUR SCHATZ, M.D. Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Karl E. Rominger, Esquire, I certify that I this day served a copy of the within Praecipe to Discontinue upon the following by depositing the same in the United States mail, first class, postage pre-paid, addressed as follows: Rolf E. Kroll, Esquire 3510 Trindle Road Camp Hill, Pennsylvania 17011 Respectfully Submitted, Rominger & Associates Date: January 20, 2012 Kl'E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff