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Home My WebLink About95-02007 \. ~ I 1'114:(" , . , \ ,', '\ l. \ ;, , ,~... ;' '" -I J j ~ J , DOUGLAS. DOUGLAS & DOUGLAS ATTORNEYS AT LAW 21 W HIOH STREET R 0 Ball zal 'oJ' ... '. AT1IMI'fID, NOT KNOWI CARLISL.E. PENNSYL.VANIA 17D13-02tH Hh\l,'.Hlo;;~Uf;",G PH t"lr,J ('.sE'.....\.;,..~tf-,; .ZXJ' 1.9 la~.,.~ ~ \\~" \\, \ \ Penny L. Fisher 5645 Hillside Lane Mechanlcsburg, P~. 17055 - ----==.- ................._'-~~."'-."\w"'- ~._,...._,.,._-,.'... .-. '~'_ ~...,.' "".,_;_.~ "...~;..:~".{r .T'.+....',>i-~l~.~.,. ~;~. .~'4"'.................-...'~.. .-................. '. ~. . ~ r .~ --. -.-:-....-..... ,- ,- . ., -.- . i i ! : " , . , . r , ...... I,:, [11:\ \[[, R [HIRER f>: 1','1 I L' LA W (WEll' FS DONAJ.D R. DORJ::R 3907 1I.IRrLll.IL( \lR)\'r SI'IU 711,. CAMP 1111,1.. P,\ 171111 ! 111' \Ill t(. I)ORU( " "I'l \, t)u:rI_\Sll IiI H'll' l'\,l ':1:. \I Oh"'l\ I " -I", il-.jf , , [..1 fo,!lq , ~ ~ ,. qrrn Till I)).(,H-I AUl!ust 27. I'lYIi William P. Douglas. Esquire Douglas, Douglas &. Douglas n West High Street Carlisle, PA 17013 F;l). Number; (717) 2-13-8955 Jamt~s D. Flower. JI,. bqulIC Flower. Morgelllhal. 1,1"\"'1 & Lilld.,t) 11 Glsllligh Sl~l Carlisle, PA rlOU Fax Nllmb.,r; ('11'1) .'-1 \,(.', II Andrew C. Sheely, E.~quire l30par & Sheely 1 West Main Street Shircmanstown, PA 17011 !'ax Numher: (717) 737-2086 RE: Babette D. Lehew VS. Rosemarh: McNair & l'cml) L I"j,hl'1 Cumberland County; No. 95-2007 Dear Counsel, I enclose Arbitration Hearing Memorandum of Defenclanr. Ill",'n>:tfll' ,\l"~:Hr '...11I<'1t I [If.l\'illt: in advance of the hearing scheduled for August 30. 1"<11, Your attention to this submission is most appreciated. '~';.cerelY Y(1ur~. / !"l . .----~-- .- , ". honaldIR'...'D'II" '- DRD;,lr f'nclosure W. SCl'ltt Henning. Esquirc (w/cncllo Fax Numher; 71- 1 ; 1 ;,. ''I. I,' , , [111\ ILlI k [llixER b!! ITI .. di. . rt tI\(' !'Ight h:IO(\ lrnvd lanc. Suhsequently, a Lisa B. Robison hllHl1!hl I'~r I'IS" II'lil I, ( T :': ,\ a ,"mplelc slop Ilthind the Plaintiff, awaiting 311 oppoJtllllity ie, p;I., Ih<: 1'llll,,!'1 " Iii' ''',hi Shortly thcre<lfrcr, Ddtndant, Penny L. Fi~hcr, driving a I";~ 1""1tiJ. 1'.1 'I',i, ",iI.'.: .., \'''1' for thc Rohison and Plaintiff vehicles, and slnlck the rear dl,j .)1 Ih,' HI): 1,1.1 1,IId, dll:rcby pushiuj:l it into the l'C<lt of the Plaintjf{'~ automobile. T1w Plauliiff is \", :,,,,'1.'. II '.',tity Ihat up to a minute of time may have elap~ed between the slallinl' ,,1'111'1'11., .,tJ J ill? ~.ar end impact caused by Defendant ri~her. Defendant Fisher has not been located by the panics heretll for' he pllTpO~~ .)f pn: h~:uing discovery proceedings, and it is not anticipated that Defendant Fi\h~r ",ill I". '" allcndancc at the Arllitration Hearing scheduled to hc conducted IlII Augu~1 30. I llljf, ill Ihe Curnhcrland County Courthouse. As a result of the subject motor vehicle accident, the Plaintilf sml:tincd cl'r:i<.;;1! ;mll thoiolcic strains, with beadaches. Plaintiff's counsel ha.~ properly Iikll[ilicd all /II(~kal records and other documents the Plaintiff intends to submit at the liml' ot' thc Arbitratilln HCaJ'ing pursuant to Pa.R.C.P. H30S, whicb compilatiOn of documcnts ~sscllli.llIy wtl~d.. the extent of all discovernhle medical records In tbis matter. It is rhus IInlikdy Ihal Defendant McNair will find it necessary to supplement the Plaintiff', \lIhmi"jnJl of n:<:ords in tills matter. The Plaintiff's medical records rellect tbat ~be commenC~llf1;~IIIIIClIl wilh Dr. Scott Stoner. a local chiropractor, on May 17, 1993, ami ceased this lrealrnc'nl Ill! Nl>\elllh~r 8. 1993. Counsel for Defendant McNair believes that thcse records n:IlI:Cl that lh,: Plaintiff tl'C3ted with Dr. Stoner on 27 occasions witb 12 cancellations fOl 'I variclY of It'aSOIlS, In adtUlion, upon Dr. Stoner's referral, the Plaintiff consulted with Dr. Bcmanll'.clicl:cr, a lIarrisburg orthopedic surgeon, on Septemher 7, 1993 and Octobt'1 ) I, '()9J '111c Plaintiff has essentially recovered from her injuries :1.<; "I' NOl'clIllx-r. [Of I), During a deposition conducted on February 19, 1996, the Plaimiff Icslilied as 1'0110\\" Q. Have you had any current or n:cenl complaints of ruin or discOlllfL'r! "1;\1 YOII would attribute to the May 1993 <led dent'! ;1 II j" [1(1\ ILli R [IIIRER 1'\11 TiL 1\. No. Q. Are you currently under any mediCo1l re.~trictions ill '(111111'1 tim' ,"!ill 111' accidllnt? A. No. Q. Do yon essentially believe Ihat you'v~ recovered fnllll Ih.i1 .1('I.1l'II,1 A, Yes. (.I, Do you helieve that would have been InIe aTOnnll N')\'''"lk'r nf 1'"1\ ",,",:n Y"'I last saw Dr. Stone!') A. Yes. (Dt:pIl,~ition of Plaintiff, Babette Lehew, p. IS, I. 22 - p. 16, I. Ill, I The Plaintiff further testified as follows: Q. And while we were off the teconl, your ll1lOrney formally ashtl you whether or not this accident thwaned your efforts to seek cmploymcnt, and you indicated you did not believe that was the case. Is Ihlll accur.ttc') A. Yes. Q. I take it that in the positions that you have held since this ;lccidcnt, hasr.:! on your prior answers, you've not had any difficulty physic.111y in doing allY of those positions. A. No, I haven't. Q. What activities were precluded as a result of your n':l.'lIper.rtioll frolll these injuries? A. Do you meaD what wasn't I able to do that I was normally able t(1 do h:fofl' that? Q, Exactly. Givc me some examples of that. . A. I had aerobics t.hrel: times a week, played volleyball UJl rho: W~~k"lId~, [did ,I lot of wa1ldng. Other than that, jU~1 regular going nul nn thl~ w~k~l1lls. That stuff I really couldn't do. Q. After you recovered in November of '93, you wcn:: al1k t,) do Ihllse Illiil~S again? A. Yes. (Deposition of Plaintiff, Babette Lehew, p. 16,1. 25 - p. 17, I. 11;,1', Jll, I. 315.) Defendant McNair is not on notice as to allY claim for all}' 10S1 \lo ages arbillg (,ut of Ih~ aUlomoblle accident, lind, further, Defenrbnt McNair is not Oil II(ltic,~ as to rlw IInpaiu medical bills for the m~lic.11Ire.1tment provide to Plainrlff l..ehew Inlll1 Slay 17, Ill')] IlmlUgh Novemher K, 1993. :1 I.AW mnet:s DONAI.Il R. DORER 3907 II~Rllll~l.I: IIR StitH 7116 C~Mr 11I1.1., I'A 17011 (717) 731-l)988 .'AX: (717) 731..0987 'mil: 1-800-622..2421 " .. 1 '1 ,', .,:, I ~ " , ' .. ,-," Ire C!,! K (}j/ tt Lu~' 15 ( ~'., 73 u'J., '3 )ft 9 (g) , r' r 1"\ (r.' ~"'7 ,. . "" .,., ". r '-1 I'" ~ "I i ';""..1._" . \ Yl~<<....rn'<\,l;.{ .3h~/%, ..j.~ was filed Plaintiff's counsel was proceeding on the assumption that Plaintiff was not certain whether or not the Robison vehicle had come to a complete stop or would have been able to come to a complete stop before being impacted by the Fisher vehicle thereby pushing the Robison vehicle into the rear of the Lehew vehicle or perhaps stopped and then commenced moving forward as the Robison vehicle endeavored to move into the right hand lane of travel. In view of the fact that the McNair vehicle, the Fisher vehicle and the Robison vehicle were all involved in this collision as a matter of precaution suit was instituted against all three parties. Plaintiff certainly did not wish to be confronted with a situation in which McNair or Fisher point the finger at Robison and claim that Robison was the cause of the accident or at least a substantial factor in causing the accident. This is especially appropriate when it was the Robison vehicle that had the direct impact with the Lehew vehicle and the Fisher did not have any direct impact with the Lehew vehicle. Through the discovery process and only after obtaining statements rendered by Lehew and McNair as part of the Plaintiff's Request for Production of Documents did Plaintiff's counsel begin to develop information to the effect that the Robison vehicle was apparently at a complete rest before being impacted by the Fisher vehicle. In any event, still as a matter of precaution, Plaintiff's counsel proceeded to schedule the depositions of McNair and Robison in an attempt to develop additional information before making the final decisicJn to release Robison from the suit. Although Plaintiff's counsel was provided with statements from the parties, the statements were unsworn and as all attorneys have experienced there is no guarantee that a person's deposition testimony 2 will be consistent with a statement, perheps a self-serving statement, that was given at some prior time. Indeed. if you reed the Lehew statement and McNair statement in their entirety you will note many discrepancies with respect to the timing and other factors concerning the second impact, that is, the impact between the Fisher/Robison vehicle and the Lehaw vehicle. 8. Denied. It is denied that the Plaintiff's Answers to Request for Production of Documents contained the recorded interview of Plaintiff. Plaintiff's counsel did not become privy to the recorded statemant of the Plaintiff until Plaintiff's counsel received the Answer to Request for Production of Documents submitted by Rosemarie McNair. 9. Neither admitted nor denied. The allegation Silt forth in Paragraph 9 refers to Plaintiff Lehew's statement, which being a writing speaks for itself and should be read in its entirety and in conjunction with the other statements. 10. Denied. Based upon the status of the discovery that has been taken thus far Plaintiff's counsel is certainly leaning toward the position that the Robison vehicle was not at fault in this accident, however, before Plaintiff's counsel made the final decision to dismiss Robison from the suit and forever prejudice Plaintiff's rights and avenues of recovery from Robison, Plaintiff's counsel attempted to schedule the depositions of the parties involved to gather more complete information and also verify the facts in the statements, including clarification of the many discrepancies that appear in the statements. 11. Denied. For the reasons set forth in response to other Paragraphs herein, 3 Plaintiff is not denying that the Robison vehicle was not completely stopped behind her vehicle, however, before Plaintiff's counsel made the specific election to release Robison from the suit, Plaintiff's counsel elected to proceed with depositions to make certain that there were no changes in the statements and also to clarify certain discrepancies that appear in the statements. 12. Denied. Plaintiff's counsel at this juncture cannot say with absolute certainty that the undisputed facts indicate with absolute certainty that the Robison vehicle was under proper control prior to striking the rear of Plaintiff Lehew's vehicle. Indeed, if one reads Plaintiff Lehew's statement carefully, Plaintiff Lehew indicates that the Robison vehicle was apparently endeavoring to move Into the other lane. It is entirely possible that the Robison vehicle may have been moving at the time of Impact from the Fisher vehicle and/or may not have been properly angled to avoid impacting the rear of Lehew's vehicle as she endeavored to steer and quickly pull into the other lane of moving vehicles. 13. Denied. See Plaintiff's responses to Paragraphs 1 through 12. 14. Denied. See Plaintiff's responses to Paragraphs 1 through 12. By way of further answer, Plaintiff submits that whether or not Robison has no liability as a matter of law is a conclusion of law. 15. Denied. See Plaintiff's responses to Paragraphs 1 through 12. By way of further answer, Plaintiff submits that whether or not Robison did not cause or contribute to the injuries and damages alleged by Lehew is a conclusion of law. 4 ...,. _.... f',--,.n- I --,.r: :,( .-, .-, I j :! J: I G r:, of , .." ..\ LAW O,.rlCts HANDLER AND WIENER 319 MARMtT STRtn PO 00_ I 177 HARnllOURO. PA. 17 lOB 17171 230'2000 revealed that the Robison vehicle was in fact at fault. This is especially appropriate in a situation in which it was the Robison vehicle that impacted the Lehew vehicle. The Fisher vehicle did not directly impact the Lehew vehicle. Plaintiff's counsel would also like to point out the fact that the Lehew statement and McNair statement were not provided to Plaintiff's counsel until Defendant McNair responded to the Request for Production of Documents. At that point in time Plaintiff's counsel was involved in active negotiations with the insurance compeny for Defendant McNair (the party causing the initial impact with the Lehew vehicle). After the negotiations became stale-mated a decision was made to conduct depositions, which are presently scheduled for February 19, 1995. (As a side-note the depositions were scheduled before the filing of the Motion for Summary Judgment and the instant Motion.) Plaintiff is aware of the request of Defendant Robison's counsel to have her dismissed from the suit. Plaintiff's counsel is indeed leaning in that direction based upon the information that has been obtained thus far through written discovery, however, before a final decision was made as to whether Defendant Robison would be dismissed, Plaintiff's counsel wished to take the depositions of the parties. All attorneys have experienced a situation in which the deposition testimony does not coincide and in fact contradicts unsworn statements rendered to insurance adjusters. Indeed, if one reads the insurance company statements of Lehew, et al. one finds many discrepancies in terms of how and within what time-frame the second impact occurred. For that matter there are many discrepancies between the McNair and Lehew statements as to how the first impact occurred. This ell leaves room for the 2 fact that the end result of the depositions could be that the finger is being pointed to Robison, despite what appears in black and white in the unsworn statements given by the parties. 5. Denied. The Answer to Complaint filed by Defendant Robison being a writing speaks for itself. Plaintiff's counsel would also point out that the Answer to Complaint is a self-serving document. It is predictable for an Answer to Complaint to have denials regarding issues of liability. 6. Denied. For the various reasons set forth in Answers to Paragraphs 1 through 5 herein and in the Answer to Motion for Summary Judgment, the Plaintiff asserts that if one reads Lehew's statement in its entirety there is still room for argument that the Robison vehicle despite possibly having been completely stopped at one point in time, may have been responsible, in some capacity, for impacting the rear of the Lehew vehicle. As Lehew indicates in her statement it appeared as though the Robison vehicle was endeavoring to maneuver into the right hand lane into the line of oncoming moving traffic. As previously indicated the deposition testimony may point to the fact that her car, despite having been stopped at one point in time had been set in motion by Robison in an attempt to move into the right hand lane, prior to the impact of the Fisher vehicle and due to the improper angling of her car or improper judging of the distance between her car and the Lehew vehicle she may have been a participant in causing the impact with the Lehew vehicle in conjunction with being impacted by the Fisher vehicle. It would be logical that Robison may have been viewing her rear view mirrors looking for an opening in the oncoming lane of travel and 3 started to accelerate in an attempt to move into that lane of travel, thereby impacting the Lehew vehicle. These are facts that we simply do not know absent the depositions simply because the statements do not provide that sort of detail. The Lehew statement (obtained after suit and in response to Plaintiff's discovery requests) points to the fact that the Robison vehicle had been stopped at some point in time, however, Lehew cannot state with any clarity that the Robison vehicle was not in motion prior to the impact from the Fisher vehicle. 7. Counsel for Plaintiff acknowledges having had contact with counsel for Defendant Robison wherein Robison's counsel inquired whether or not Plaintiff would dismiss Robison from the suit. The allegation in Paragraph 7 implies that this took place after receiving the Reply to New Mater and makes reference to Plaintiff's statement. Plaintiff's counsel wishes to point out that the Plaintiff's Reply to New Matter was prepared at the end of July, 1995, whereas the Plaintiff's statement was not received by Plaintiff's counsel in the form of discovery response until the latter part of September, 1995. Consequently, Plaintiff's counsel is not in a position to make any statement as to the exact timing of the conversations with Defense counsel, it presumably must have been sometime after receipt of the response to the discovery request. 8. Admitted. Plaintiff's counsel advised Defendant's counsel that he would have to review the discovery and give some thought to the matter before taking the drastic step of allowing Robison to be dismissed from the suit since this could permanently and irreparably impact upon Lehew's cause of action. 4 9 Neither admitted nor denied. Plaintiff incorporates the responses to Paragraphs 1 through 8 herein. Again, no specific date is alleged for this conversation and Plaintiff cannot state that the chronology os set forth by Defendant Robison regarding the conversations is accurate. Again, Plaintiff Lehew simply wishes to emphasiza that she acknowledgad in Answer to Interrogatory #9 that at some point in time the Robison vehicle apparently had come to a complete stop. The question posed in Interrogatory #9 is "Did the Robison vehicle come to a stop at any time prior to the moment of impact with your vehicle?" Again, as previously indicated in prior Paragraphs, until discovery is complete we do not have a complete picture as to whether or not the Robison vehicle remained at a stop and continued to remain at a stop prior to the impact of the Fisher vehicle. 10. Admitted with clarification. It is acknowledged that the telephone conversation and correspondence as indicated by Defendant Robison's counsel had taken place. It is acknowladged that Plaintiff's counsel stated that he would review the situation and make a decision as to whether or not Robison would be dismissed from the suit. 11. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form 0 belief as to whether or not a telephone message had been left by Defendant's counsel. 12. Admitted. It is acknowledged that Dafendant Robison's counsel forwarded a letter to Plaintiff's counsel dated December 19, 1995. By way of further answer, Plaintiff wishes to point out the fact that the December 19th letter authored 5 by Defendant Robison's counsel addresses the fact that Plaintiff had been requesting the scheduling of depositions. 13. Denied. For the reasons set forth in response to previous Paragraphs in this Motion, it is denied that Plaintiff has failed and refused to voluntarily dismiss Robison from the case. Plaintiff's counsel submits that until discovery is complete Plaintiff's counsel may be remiss in his duties to his client and possibly be subject to a claim of malpractice if he would prematurely and precipitously dismiss Robison from the suit without completing discovery. 14. Denied. The Plaintiff denies that the Complaint was filed against Robison without basis and that it was intended only to harass, annoy, delay the proceedings and unnecessarily increase the cost of litigation to Robison. Indeed, Plaintiff's counsel may have opened himself to a claim of malpractice if in fact he ignored naming Defendant Robison as a party to the suit when Robison was clearly named in the Police Report as a party involved in the motor vehicle accident. 15. Denied. For the reasons set forth herein and which Plaintiff incorporates herein as if set forth in its entirety Plaintiff denies that their refusal to voluntarily dismiss Robison has resulted in needless expense on the part of Robison. The legal proceedings that have taken place on this matter thus far have been minimal and Plaintiff asserts that there has been no undue prejudice to the Defendant Robison in this case over and above the type of defense costs associated with any situation in which suit is instituted against an individual who later may be found not to be liable. 6 r:- iI' ..." ":"'~':7 ,..,.." "I ~,. r!' ,J J ('j i :;: , " Iv C" " , . ., ',' '.. , ~. , .. LAW Or"lets HANDLER AND WIENER 319 MAR~tT STAtU Po Bo.. 117? HARRISaURG. p" 17108 17111 236'2000 4. Attorney Henning filed the lawsuit against Robison, alleging that she failed to stop her vehicle before striking the rear of Plaintiff's vehicle, even though, his own client, in an interview dated March 20, 1993/ gave a statement indicating that the vehicle directly behind her (Robison's vehicle) came to a complete stop before the accident and was trying to get into another lane to go around Lehew's vehicle when a third vehicle caused the injuries and damages complained of by Plaintiff. A true and correct copy of the "recorded personal interview" of Lehew is attached hereto as Exhibit "A". 5. In her Answer to the Complaint, Robison explaired that she had completely stopped her vehicle prior to any impact with Lehew/s vehicle and that the collision was caused by a third vehicle which crashed into the rear of Robison's car. (Answer with New Matter, ~~41-42). 6. Despite the fact that Plaintif~/s own statement as to the happening of the accident indicated that Robison brought her vehicle to a complete stop prior to colliding with Plaintiff's vehicle, Plaintiff, in answer to the New Matter, denied the allegations that Robison/s car was completely stopped prior to the time of impact. (Plaintiff/s Reply to New Matter, "41-42). 7. After receiving the Reply to New Matter, counsel for Robison contacted counsel for Lehew to request an explanation as .. 2 .. to why the Reply to New Matter alleged facts contrary to Plaintiff's own statement. 8. Plaintiff's counsel advised that he would review the case and discuss the matter with his client and respond accordingly. 9. Following this conversation, Lehew provided Answers to Interrogatories in which she admitted that Robison brought her vehicle to a complete stop prior to any impact and that the impact was caused by Fisher's vehicle crashing into Robison's vehicle and pushing Robison'S vehicle into her vehicle. (Answers to Interrogatories, No.9). 10. By telephone on September 21, 1995, in light of the statement from Plaintiff herself that Robison brought her vehicle to a complete stop prior to impact, counsel for Robison requested that counsel for Lehew review the case and indicate whether Plaintiff would voluntarily dismiss Robison. This telephone conversation was confirmed in a letter dated September 21, 1995. (A true and correct copy of this letter is attached hereto as Exhibit "B"l. 11. Thereafter, on October 12, 1995, having received no response to the September 21, 1995 request, counsel for Robison left a message for Plaintiff's counsel to again review the file and consider voluntarily dismissing Robison from the case. .. 3 - 12. By letter dated December 19, 1995, counsel for Robison again requested Plaintiff's counsel to review the case and to voluntarily dismiss Robison from the case unless he had evidence which indicated that Robison had responsibility for the accident. A true and correct copy of this December 19, 1995 letter is attached hereto as Exhibit "C". 13. Despite Plaintiff's own statement and admissions in discovery that Robison's vehicle came to a complete stop prior to impact, and counsel for Robison's repeated requests that Robison be voluntarily dismissed from the case, counsel for Lehew has failed and refused to voluntarily dismiss Robison from the case. 14. The Complaint against Robison was filed without basis and is intended only to harass, annoy, delay the proceedings, and unnecessarily increase the cost of litigation to Robison. 15. In the alternative, the refusal to voluntarily dismiss this case has resulted in needless expense on the part of Robison in filing and pursuing a Motion for Summary Judgment, which has been concurrently filed with this motion. WHEREFORE, Defendant Lisa B. Robison requests that she be awarded reasonable attorneys' fees and expenses involved in filing the Motion for Summary Judgment and supporting brief, and in attending any argument held pertaining to the Motion for Summary Judgment. Robison requests that the payment of .. 4 .. CLAIM: PAGE: 58 37 A 1.0' 2 II. Q. \/here did the accident happen what streets in what city? A. It happened in Camp 11111 I'm not sure of the high... I think it was I don't know the highway number, cause I'm not from over there I have no idea. Q. \las it 83? A. It wasn't 83 it was connected to 83 I think. Q. IS? A. It might have been 15. Q. Can you tell me to the best of your recollection how the accident occurred? A. Yes I can, I got off the exit I was on the passing lane and she was coming off her exit, it was the next exit I was already in the passing lane and I guess she didn't see me and she came over and hit the side of my car. Q. You were the passing lane she Was in, okay so she pulled down off the exit ramp and was in the driving lane then? A. Ya. Q. Then you're saying she pulled, she wanted to pullover into the passing lane, now where exactly did she hit your car? A. She hit my car on the right door. Q. So I take it you have damage on the right door? A. Yes I do. Supposedly a what are they called an estimator went out to look at my car from your company an adjuster. Q. \/ho was that do you know? A. I have no idea. I was never contacted, I'm not contacted about anything. Q. So that would be your right side? A. Yes. Q. So it made an indentation into the door? A. Actually my mirror is busted off and I can't get my door open, there is a dent in my door yes. Q. \lith this impact were you forced into the median there? A. Yes I was. Q. so you have damage on the left side too? A. My tires are damaged, I didn't hit the median, I didn't hit that, I hit the my tires is what saved me. Q. You lost me though because your car sticks out further than tires do so wouldn't the car hit first the median? A. My car did not hit the median. Q. Thst's what I'm asking how you hit anything? A. I didn't hit anything on my left side, what happened is I tried to slow down and when I broke my car stalled, I tried to start my car bock up and 1 was rear ended by another car I just want my car fixed, it was not my fault and I'm getting sick of this, I'm getting sick of being ran around by your insurance company by my insurance company. mon/m7/2/nk M 5 . . CLAIM: PAGE: 58 37 A 1,0. 3 14 Q. \lait a minute okay, when? A. I gave you a statement or I gave somebody this statement they should already hove my statement on file I told them this already, I called a claim adjuster at your company already I already called. Q. Okay they took 0 very quick statement so we con further investigate what happened? A. Right. Q. You didn't sit there and give them a atatement specifically of exactly what happened I know you didn't because there's not time for them to do that okay that's what I'm here for, that's what I'm investigating so what I'm saying is? A. Then you were suppose to call me Monday weren't you. Q. Yo I'm sorry I couldn't do that you know you're not the only claim I have? A. I understand that I do but I just feel like I'm getting. Q. \lell let's keep going with this so we can try to get something resolved? A. Alright. Q. so she hit you on your right side with her left side,now you didn't get forced into the left side? A. No but what happened was I slammed on my brakes and when I did that my car stalled cause I hove a stick shift and if you stop too fast the car will stall and my car stalled. Q. Now Babette I'm just asking you questions here I'm not trying to give you a hard time but just answer my questions, why did you slam on the brake? A. lIhilo she was hitting me my car was moving over so 1 had to slow down so I didn't hit the median I mean my tires hit the you know where the median is Q. Right? A. Okay and you know the cement that comes out further from the median. Q. Un-hum? A. That is what my tires hit. Q. Okay now what did she keep riding up against your right side or did she immediately when she hit you? A. Once she hit me she didn't pull away right away but she did pull away, I don't think she realized she hit me yet. Q. So you stalled right in the passing lane? A. In the same lane I got hit in the passing lone yes. And I tried starting the car back up and it would not start. Q. \/hat kind of cor is this? A. I have a '92 Plymouth Laser. Q. Once you got stopped did you try to re-start it? A. Yes I did and that's when I was rear ended. Q. Did you need a tow truck to get it out of there then? A. Yes I did. mon/m7/3/nk M 6 CLAIM: PAGE: 5B 3,7 A 1,0. 4 )1, Q. Nobody got in the car and moved it at all? A. Yes the fire company got into the cllr and when they started up the cor black smoke came out of the back of my car and he had trouble because of the tire, the tire was crooked. Q. \/hen you stopped it was there anybody did anybody stop behind you? A. Yes_ And I still yet, the state officer told me he Was going to send me all the information on her insurance and I have yet to see anything on that. Q. So you stopped, another person stopped behind you? A. Ya they stopped just to see if they could get onto the other lone to go to pass me. Q. But they saw you and were able to stop in time? A. Exactly. Q. lIhat happened from there? A. I'm pretty sure it's a '74 Firebird or Thunderbird, she slammed into the car in back of me which slammed into my rear end. And this all happened in a matter of both accidents I'd say in a matter of 30 seconds. Q. Did anymore accidents happen after that? A. No that was it. Q. So other people were able to avoid that then? A. Avoid. Q. The 3 cars there stopped? A. Right. Q. \lere you injured in the accident? A. 1 wasn't at first but that night and the next day I started getting really bad headaches so I went to the doctor. Q. How do you feel now? A. I'm still having the headaches. Q. Any other injuries? A. My neck and my back hurt pretty much but I'm seeing a doctor for that. Q. Did you hit your head? A. No but it was bounced around pretty much because I was hit from the side and the back and the bsck I was hit pretty hard because the cor that hit the car in back of me was going pretty fast she couldn't stop. Q. Do you think you were injured from the side impact? A. I'm not sure it happened too fast I'm not sure when I was injured I just know i was. Q. Did this person hit you from behind at what 55 mph? A. I have no idea how fast she as going. Q. Did the police come to the scene? A. Yes they did. mon/m7/4/nk M 7 . mr:n-OFACE (~,. . , " ,'M,", I'"~ 'J-IJiV ~Ii. i r i: .1' ,-11";,.',\;'", Il t C1!" "')'9 f'13'~O ...J ..J;! I.., -, . J C'" I""" "1. ""J'CY l.i;'. t..:JIU."JJ C.ul...1 r:..~,\ :,'\II\/I.,!.,\ rl.:lll\ull..,'r'J .'1 .. .. 4. The Complaint then alleges that the vehicle operated by Robison, through the negligence of Robison, struck the rear-end of Lehew's disabled vehicle. (Complaint, '12). 5. The Complaint alleges that Robison failed to exercise reasonable care in bringing her car to a stop without striking Lehew's vehicle, and that she failed to operate her vehicle so that she could stop within the assured clear distance, in violation of 75 Pa. C.B.A. ~3361 (Complaint, '32). 6. Although no depositions have been taken to date, written discovery has been exchanged by the parties. 7. Both Plaintiff Lehew and Defendant McNair stated in answers to interrogatories that Robison's vehicle came to a complete stop behind Lehew's disabled vehicle and that the accident occurred when Fisher's vehicle crashed into the rear of Robison's vehicle and pushed Robison's vehicle into the vehicle driven by Lehew. (Plaintiff's Answers to Interrogatories, No.9; McNair's Answers to Interrogatories, No.8). A true and correct copy of Plaintiff's Answers to Interrogatories is attached hereto as Exhibit "B". A true and correct copy of McNair's Answers to Interrogatories is attached hereto as Exhibit "C". 8. In Answers to Requests for Production of Documents, Plaintiff's counsel also produced a transcript of a recorded interview of plaintiff regarding the accident. A true and - 2 - , I BABETTE D. LEHEW, plaintiff : IN TilE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION - LAW ROSEMARIE MCNAIR, PENNY L. :JURY TRIAL DEMANDED FISHER and LISA B. ROBINSON, Defendants :No. 95-2007 CIVIL TERM COMPLAINT AND NOW, comes the plaintiff, by and through her attorneys, Handler and wiener, and makes the within complaint against the Defendants as follows: 1. plaintiff, Babette D. Lehew, is an adult individual currently residing at 657 South Union Street, Middletown, Dauphin county, pennsylvania. 2. Defendant, Rosemarie McNair, is an adult individual residing at 906 Thornton Drive, Mechanicsburg, Cumberland county, Pennsylvania. 3. Defendant, Penny L. Fisher, is an adult individual residing at 5245 Hillside Lane, Mechanicsburg, Cumberland county, Pennsylvania. 4. Defendant, Lisa B. Robinson, is an adult individual residing at 51 South Quarry Road, Humrnelstown, Dauphin county, Pennsylvania. 5. At all times material hereto, Plaintiff, Babette D. Lehew, was the owner and operator of a 1992 Plymouth Laser bearing Pennsylvania Registration No. ACJB818. 6. At all times material hereto, Defendant, Rosemarie McNair, is believed to be the owner, and was the operator of a 1991 Ford Explorer bearing Pennsylvania Registration No. 7. At all times material hereto, Defendant, Penny L. Fisher, was tho ownor and oporator of a 1975 Pontiac Firobird bearing pennsylvania Registration No. ZEJ 874. 8. At all times material hereto, Defendant, Lisa B. RObinson, was the owner and operator of a 1985 lIonda CRX bearing pennsylvania Registration No. 085442. 9. On May 13, 1993, at approximately 2:10 p.m., Plaintiff, Babette D. Lehew, was travelling eastbound on state Route 581, at or near US Route 15, in Camp Hill Borough, Cumberland County, Pennsylvania. 10. At the place and time aforesaid, Defendant, Rosemarie McNair, had just exited the entrance ramp to and had just entered State Route 581, at or near US Route 15, Camp Hill Borough Cumberland County, Pennsylvania, when suddenly, and without warning, her vehicle struck the passenger side of the vehicle operated by Plaintiff, Babette D. Lehew. 11. As a result of the impact caused by the McNair vehicle, Plaintiff's vehicle stalled in the left lane of Route 581. 12. At the place and time aforesaid, Defendant, Lisa B. Robinson, was operating her vehicle eastbound on Route 581, when, suddenly and without warning, she caused her vehicle to strike the rear end of Plaintiff's vehicle. 13. At the place and time aforesaid, Defendant, Penny L. FiSher, was operating her vehicle eastbound on Route 581, when, suddenly and without warning, she caused her vehicle to strike the rear end of the vehicle operated by Lisa B. RObinson, initiating a chain-reaction collision into the rear end of the vehicle operated by Plaintiff, Babette D. Lehew. 14. As a direct and proximate result of the negligence of the 2 Defendant Rosemarie McNair, solely and/or in conjunction with the other named Defendants, Penny L. Fisher and Lisa B. Robinson, Plaintiff, Babette D. Lehew, suffered serious bodily injury, as more fully set forth hereinafter. COUNT :I Babette D. Lehew v. Rosemarie MoNair 15. Plaintiff, Babette D. Lehew, incorporates herein by reference paragraphs 1 through 14 above as fully as if the same were set forth at length. 16. The occurrence of the aforesaid accident and the injuries therefrom, were caused directly and proximately by the negligence of Defendant, Rosemarie McNair, solely, and/or in conjunction with the other named Defendants, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for the vehicle in which the Plaintiff was operating; (b) In failing to exercise reasonable care in the operation and control of her vehicle so as to avoid striking Plaintiff's vehicle; (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the vehicle in which plaintiff was operating; (d) In failing to operate her vehicle at a speed in which he could stop within the assured clear distance, in violation of 75 Pa.C.B.A. S3361; (e) In failing to follow at a safe distance, in violation of 75 Pa.C.S.A. 53310; (f) In failing to maintain proper and adequate observation of the traffic conditions then and there existing. (g) In failing to yield the right-Of-way to oncoming traffic as she merged into traffic from the access ramp. 15. As a result of the negligence of the Defendant, Rosemarie 3 , . McNair, plaintiff, Babette D. Lehew, has sustained severe injuries, including but not limited to costovertebral dysfunction with muscular weakness over the dorsal spine area and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 16. As a result of the negligence of the Defendant, Rosemario McNair, plaintiff, Babette D. Lehew, has suffered humiliation and embarrassment and will continue to suffer the same in the future, to her great detriment and 1055. 17. As a result of the negligence of the Defendant, Rosemarie McNair, plaintiff, Babette D. Lehew, has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment and financial loss 18. As a further result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D. Lehew, has incurred lost wages and a loss of earning capacity. 19. As a result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D. Lehew, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 20. plaintiff, Babette D. Lehew, believes and therefore avers that her injuries are permanent in nature. 21. As a result of the negligence of the Defendant, Rosemarie McNair, plaintiff, Babette D. Lehew, has been compelled, in order to effect a cure for her injuries, to expend large sums of money for medicine and medical attention. WHEREFORE, plaintiff, Babette D. Lehew, avers that the 4 Defendant, Rosemarie McNair is individually, and/or jointly and/or severally liable with other named Defendants, Penny L. Fisher and Lisa B. Robinson, and demands judgment in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), which exceeds the jurisdictional requirement for compulsory arbitration and trial by jury. COUNT II BABETTE D. LEHEW VB. PENNY L. FISHER 22. Plaintiff, Babette D. Lehew, incorporates by reference paragraphs 1 through 21 above as fully as if the same were here set forth at length. 23. The occurrence of the aforesaid collision and the injury resulting therefrom to Plaintiff, Babette D. Lehew, was caused directly and proximately by the negligence of Defendant, Penny L. Fisher, solely and/or in conjunction with the other named Defendants, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for the vehicle in which the Plaintiff was operating; (b) In failing to exercise reasonable care in the operation and control of her vehicle so as to avoid striking the vehicle being driven by Lisa B. Robinson thereby propelling that vehicle into the Plaintiff's vehicle. (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the Robinson vehicle thereby propelling that vehicle into the Plaintiff's vehicle. (d) In failing to operate her vehicle at a speed in which he could stop within the assured clear distance, in violation of 75 Pa.C.S.A. 53361; (e) In failing to follow at a safe distance, in violation of 75 Pa.C.S.A. 53310; (f) In failing to maintain proper and adequate observation of the traffic conditions then and there 5 IJxloting. 24. Ao u reoult of the nogligence of the Defendant, Penny L. Fioher, Plnintirf, Unbotto D. Lehew, has sustained severe injuries, including, but not limi ted to, costovertebral dysfunction with muscular weakneDo oVer the doroal spine area and as a result thereof, Dhe hao llUCCered, and will continue to suffer in the futuro, pain and ngony to her great detriment and loss. 25. As a reoult of tho negligence of the Defendant, Penny L. Fisher, Plaintiff, Unbette D. Lehew, has suffered humiliation and embarrassmont and will continue to suffer the same in the future, to hor groat dotrimont and loss. 26. As a result of the negligence of the Defendant, Penny L. Fisher, Plaintiff, Babette D. Lehew, has been and probably will in the future be hinJered from attending to her usual occupation and daily duties, to her great detriment and financial loss 27. As a further result of the negligence of the Defendant, Penny L. Fisher, Plaintiff, Babette D. Lehew, has incurred lost wages and a loss of earning capacity. 28. As a result of the negligence of the Defendant, Ponny L. Fisher, Plaintiff, Babette D. Lehew, has undergone great physical pain, discomfort and mental anguish, and she will continue to enduro tho samo for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 29. Plaintiff, Babette D. Lehew, believes and thersfore avers that hor injuries are permanent in nature. 30. As a result of the negligence of the Defendant, Penny L. Fisher, Plaintiff, Babette D. Lehew, has been compelled, in order to effoct a cure for her injuries, to expend large sums of money 6 for medicine and medical attention. WHEREFORE, Plaintiff, Babette D. Lehew, avers that the Defendant, Penny L. Fisher is individually, and/or jointly and/or severally liable with other named Defendants, Rosemarie Mcnair and Lisa B. Robinson, and demands judgment in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), which exceeds the jurisdictional requirement for compulsory arbitration and trial by jury. COUNT III BABETTE D. LEHEW VB. LISA B. ROBINSON 31. Plaintiff, Babette D. Lehew, incorporates by reference paragraphs 1 through 30 above as fully as if the same were here set forth at length. 32. The occurrence of the aforesaid collision and the injury resulting therefrom to Plaintiff, Babette D. Lehew, was caused directly and proximately by the negligence of Defendant, Lisa B. Robinson, solely and/or in conjunction with the other named Defendants, generally and more specifically as sat forth below: (a) In failing to keep a proper lookout for the vehicle in which the Plaintiff was operating; (b) In failing to exercise reasonable care in the operation and control of her vehicle so as to avoid striking Plaintiff's vehicle; (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the vehicle in which Plaintiff was operating; (d) In failing to operate her vehicle at a speed in which he could stop within the assured clear distance, in violation of 75 Pa.C.S.A. 53361; (e) In failing to follow at a safe distance, in violation of 75 Pa.C.S.A. 53310; (f) In failing to maintain proper and adequate 7 obscrvation of the traffic conditions then and there existing. J3. As a rcsult of the negligence of the Defendant, Lisa B. RObinson, Plaintiff, Babette D. Lehew, has sustained severe injur ies, including, but not limited to, costovertebral dysfunction with muscular wcakness over the dorsal spine area and as a result thereof, she has suffered, and will continue to suffer in the futuro, pain and agony to her great detriment and loss. J4. As a result of the negligence of the Defendant, Lisa B. Robineon, Plaintiff, Babette D. Lehew, has suffered humiliation and ombarraeoment and will continue to suffer the same in the future, to hor grcat detriment and loss. 35. As a rcsult of the negligence of the Defendant, Lisa B. RObinoon, Plaintiff, Babette D. Lehew, has been and probably will in tho future be hindered from attending to her usual occupation and doily duties, to her great detriment and financial loss 36. As a further result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has incurred lost wages and a loss of earning capacity. 37. As a result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 38. Plaintiff, Babette D. Lehew, believes and therefore avers that her injuries are permanent in nature. 39. As a result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has been compelled, in order 8 DEFINITIONS "Point of impact" and "moment of impact" refer to the point in time in which contact was made between Plaintiff's vehi~le and the Robison vehicle. "Person" means any individual or any legal entity including but not limited to any corporation, partnership, proprietorship, association. or joint venture. "Identify" or "Identity" when used in reference to a person means to state the person's full name, present address and, if a natural person, his present or last known business affiliation and his position or business affiliation at the time in question. "Identify" or "Identity" when used in reference to a docume- nt means to state the date, author. subject matter and type of document or some other means of identifying it and its present location or custodian. If such document was but is no longer in your possession or subject to your control, state what disposi- tion was made of it. "Identify" or "Identity" when used in reference to a "com- munication" means to state its description (e.g., in person, telephone, etc.), its date. the place or places at which it occurred, the Identity of all Persons participating in or present during such communication, the substance of what was said and by whom, and its purpose. - 3 - CUlM: PAGE: 58 37 A 40~ 2" , 14 Q. Where did the accident happen what streets in what city? A. It happened in Camp lIill I'm not sure of the high.. . I think it was I don't know tho highway nwnber, cause I'm not from over there I have no idea. Q. Was it 83? A. It wasn't 83 it was connected to 83 I think. Q. l5? A. I t might have been 15. Q. Can you tell me to the best of your recollection how the accident occurred? A. Yes I can, I got off the exit I was on the passing lane and she was coming off her exit, it Was the next exit I was already in the passing lane and I guess she didn't see me and she came over and hit the side of my car. Q. You were the passing lane she was in, okay so she pulled down off the exit ramp and was in the driving lane then? A. Ya. Q. Then you're saying she pulled, she wanted to pullover into the passing lane, now where exactly did she hit your car? A. She hit my car on the right door. Q. So I take it you have damage on the right door? A. Yes I do. Supposedly a what are they called an estimator went out to look at my car from your company an adjuster. Q. Who was that do you know? A. I have no idea. I was never contacted, I'm not contacted about anything. Q. So that would be your right side? A. Yes. Q. So it made an indentation into the door? A. Actually my mirror is busted off and I can't get my door open, there is a dent in my door yes. Q. With this impact were you forced into the median there? A. Yes I was. Q. so you have damage on the left side too? A. My tires are damaged, I didn't hit the median, I didn't hit that, I hit the my tires is what saved me. Q. You lost me though because your car sticks out further than tires do so wouldn't the car hit first the median? A. My car did not hit the median. Q. That's what I'm asking how you hit anything? A. I didn't hit anything on my left side, what happened is I tried to slow down and when I broke my car stalled, I tried to start my car back up and I was rear ended by another car I just want my car fixed, it was not my fault and I'm getting sick of this, I'm getting sick of being ran around by your insurance company by my insurance company. mon/m7/2/nk M 5 . . CUlM: PAGE: 58 37 A l.O. 3 . )I. Q. Wait a ml.nute okay, when? A. I gave you a statement or I gave somebody this statomont they should already have 'ny statement on file I told them this already, I called a claim adjuster at your company already I already called. Q. Okay they took a very quick statement so we can further investigate what heppened? A. Right. Q. You didn't sit there and give them a statement specifically of exactly what happened I know you didn't because thern's not time for them to do that okay that's what I'm here for. that's what I'm investigating so what I'm saying is? A. Then you were suppose to call me Monday weren't you. Q. Yo I'm sorry I couldn't do that you know you're not the only claim I have? A. I understand that I do but I just feel like I'm getting. Q. Well let's keep going with this so we can try to gnt something resolved? A. Alright. Q. so she hit you on your right side with her left side,now you didn't get forced into the left side? A. No but what happened was I slammed on my brakes and when I did that my car stalled cause I have a stick shift and if you stop too fast the car will stall and my car stalled. Q. Now Babette I'm just asking you questions here I'm not trying to give you a hard time but just answer my questions, why did you slam on the brake? A. While she was hitting me my car was moving over so I had to slow down so I didn't hit the median I mean my tires hit the you know where the median is Q. Right? A. Okay and you know the cement that comes out further from the median. Q. Un-hum? A. That is what my tires hit. Q. Okay now what did she keep riding up against your right side or did she immediately when she hit you? A. Once she hit me she didn't pull away right away but she did pull away, I don't think she realized she hit me yet. Q. So you stalled right in the passing lane? A. In the same lane I got hit in the passing lane yes. And I tried stsrting the car back up and it would not start. Q. What kind of car is this? A. I hsve a '92 Plymouth Laser. Q. Once you got stopped did you try to re-start it? A. Yes I did and that's when I Was rear ended. Q. Did you need a tow truck to get it out of there then? A. Yes I did. mon/m7/3/nk M 6 CUlM: PAGE: 58 37 A 40, 4' .' )1, Q. Nobody got in the car and moved it at all? A. Yes the fire company got into the car and when they started up the car black smoke came out of the back of my car and he had trouble because of the tire, the tire was crooked. Q. When you stopped it was there anybody did anybody stop behind you? A. Yes_ And I still yet, the state officer told me he was going to send me all the information on her insurance and I have yet to see anything on that. Q. So you stopped, another person stopped behind you? A. Ya they stopped just to see if they could get onto the other lane to go to pass me. Q. But they saw you and were able to stop in time? A. Exactly. Q. What happened from there? A. I'm pretty sure it's a '74 Firebird or Thunderbird, she slammed into the car in back of me which slammed into my rear end. And this all happened in a matter of both accidents I'd say in a matter of 30 seconds. Q. Did anymore accidents happen after that? A. No that was it. Q. So other people were able to avoid that then? A. Avoid. Q. The 3 cars there stopped? A. Right. Q. Were you injured in the accident? A. I wasn't at first but that night and the next day I started getting really bad headaches so I went to the doctor. Q. How do you feel now? A. I'm still having the headaches. Q. Any other injuries? A. My neck and my back hurt pretty much but I'm seeing a doctor for that. Q. Did you hit your head? A. No but it was bounced around prntty much because I was hit from the side and the back and the back I was hit pretty hard because the car that hit the car in back of me was going pretty fast she couldn't stop. Q. Do you think you were injured from the side impact? A. I'm not sure it happened too fast I'm not sure when I was injured I just know I was. Q. Did this person hit you from behind at what 55 mph? A. I have no idea how fast she as going. Q. Did the police come to the scene? A. Yes they did. mon/m7/4/nk M 7 l'nAI:ClI'E Fon LISTING rASE. FOI{ AHI;I'\IENT IMust be l)'pel\ril1en and sublllilled in duplicnll'l TO TIlE I'HOTlIONOT AHY :OF CU~IIlI:RLANU eoullln': I'll'a'~' hlll llll' \\ Illull I1liJIIl'r hH Ihe next: o Prl'.lf1al ^r~lIll1l'l\I C\Hlrl [Xj Aq,:ulllcnl Court (' AI'T1lJ\ OF (' ASI lentill' l"aplltllllllU!i1 hl' ~IJICd 11\ full 1 11'lalOl1fl) ('j . , r") ~"; , I I 1-:1 <., rr (~ ,(-J ! .,J) ""J -. ~'- ..;) ..- ~_ llTI '" :.~ C.l ~'l .... BABETTE D. LEHEW, V~, ROSEMARIE McNAIR, PENNY L. FISHER, and LISA B. ROBISON, (Iltfendanl I S " 1\" .~007 Ci,il ..fu;tion..-. _Li;lW 1'1 ~_5. I Slat\.' matter to ht" ar~ued (I. e., ptain1itY!l> mlltlun fm new trial. dl.fendan!", demulICllo cumplainl. eIC,): Defendant Lisa B. Robison's Motion for Attorneys' Fees Incurred in Filing Motion for Summary Judgment Identify cou",,1 who will argue Lase. , (a) f," plaintiff: W. Scott Henning, Esquire, Handler and Wiener, 319 Market street, P.O. Box 1177, Harrisburg, PA 17108 (b) fordefendant: Michael R. Kelley, ~lcNees, Wallace & Nurick, 100 pine Street, P.O. Box 1166, Harrisburg, PA 17108 3. I I\t11 noufy all pani.. In ""llng wilhin IWo day' Ihallhi, calC 1m bccn listed fm ar~ul1lel\l._ LU,,-_(._~~~- ),. I,. et~~ l"I"Hn'y 1'0' Defendant Lisa B. Robison) Michael R. Kelley, Esquire I.D. No. 58854 lJJlcd January 26, 1996 p rn.orner: (II ,'j ,.,.\....,-,1.....( ," I II.... J\l' ';,j I.",:?J \'113: 110 C'.'" ' (' ," ,.t'j'{ '-I . !." l.l . . \" . II . .' . \1\,'.,,', \ ; . ~ " '. ,11.'/ ~ I., . . ,.,~. 'l,..'t~~"j. .. }~\J,;~r;I""i\ti~~~,''i11 I. . \". ~ ',. (.' .. . . -j , 'i' .,' . \,r". .1.' .'t. t. . ., .' \~", .' "f!i~tt'-o.t"!"I"'" ..i""'.,:~" " .. J"ifi'", I,' :(:>'<.>11'" ,r ,\.~ '.' . .... !-.. .~. ".', ." "iJd,1 ":r'" .~'''':~J'1',\,; 1'" '" . . 'I~" '';'' '.' I - . ..' . I . .. "'1 ~' ,", . \' .. ,'" ". .! ..... . . " . .,U.....~_io~........... t .,..:' ~ I' '. . I " "" , ..l"\!'~ll, .: ,. 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A. ~ lJ ,. ,L A... .Lr...\"T '-'.. l-r~ l. .,A... "'_11 """ ,~ .,."""- 10:1:.. 1......1: \1M \'t ~) \NU" \\.....Ao 'l.'" b u~ 1~.D:z. A (. ~.." c. -..:l"'E't) 8~\lI..b Vall"T" ~. v~ ~'t".lkl' ...1"'. ......U"".~C. E:A... r\1~ .!:Il. '.5.~1 ...~_, ,~'.~ ..'rt"UD. FA IL t:b T\" ~"to \l~ IT It, V~ IT a \ !o-nl..c:k \l ~ ITAt J.. ,.... 'T\lc:: ~Il,.IE:RIl.. W\\lC~ ,~ "''''~ ...."'... ,....".,['1 '~Tc:. -n\.U<:olU. <too t' UN ,.,. ~.::t ... ~.c ::ilo'\ A ^'ru. u~,'t"'It>1 ...A'O;..... .,r. I,;;'.....T'B.~"..-.h 1~_'O\"- ....... I.A~~ ~t::' SR..So'!>.\ Ih_ ,T~ J. ....A'F'lh.I"''' ~~ll.."\ol . 9.la~I{INC. ITll'; L.r.Y... ,. ,,.,, \.10.\ .Tl1-;} ......,,'l. r:>A"",c.. .....~- R"u~1\ IN. ~.- l Li\tolC h.. c:'.R...o.I.~,( ....1\.. ........ ...... "... -nu. ,,,'....: AT l"l '" c:.. ~t AlIb "& .,..a""t!. II _. ,I.I: ..,A.. Ao.1 A"t.hr"~ '~.......e L~t:... LAL\~ rA\I~'.J\' "t\l,- M/I 'CAJL. (.....,....'\\""1b !..."l" 1~"NC u-n . I\..J e'. ('......r2'o. .:::...~ COW_ l\.\odT ^VAII 1\.Q1r: ~ C(U'N<YI:Il..\.:. \~.., "":' ......~T "':' r r~.;r Cl 01>> u ::0. Cl:!. <., ,4 " .. 1- R.\..~ ~""~R~'( Go!;,'! I L.I:~~~. \'-~~.~A 1:..'451<c.Rr'''u,,, """usn ,...... ~ISS , """,, ~~ "'f'UAfIOfiSflJlCAltU ~ 5.lCI.....UUt,lli"II~IU'4l\'.-Cl\AltQl(1) 'eNte \Jffl, M.\VI~(, VG". i\'T .s.l\f:r: \JffIJ ~IQRE: ,'flll )'l~"'h" J'!'." 7.::::':'1'-" USE ~Iur lOlli' 0 (:) :s.~J,:eh ,1..3s"'\ 00 00 "'.'111111 IIU 11l5lJllS ~fT!" l'l }'IIOl\AIl&l I~ 0 It:rW r-- u'r 0.__% 0 II.. UN"' 0 "1 II'" ---'liS' (j ~. 51.\ IS III 00 "~I .. ffiT~IItl.\'OI o % CJ rw:rU!>{ ~m , '-- CJ .... YES I.'llJHOO cEHnA ron ffIOIiW^Y S^FlTY 708526 eArl .3 '~.. ,I . "" )1 ;"1 . I~~-'\ , : .:1 ~; . ",~' , '" I' '1;t ~ ~'.. :'1I, \'" . ., ',:.:)1 I....., . H~...(.: .\,~ :.~~ ,.... .' ".;." , ~ '. , . l~ ..... . I", " .',.1,' . :;_;.'=. "i ~"'" 1.\~..I f ,~'" " 'r', ,., , , ~. .~, j' . ~. '~'. ... t 'J. ~' . , . ~ " \ I! '. .~k .' . .- ... .~. "'1'" .,,-0,," .1".. , 'Ie .' :1.":,,' ;? ~$~' , ,t'.- . ~"./r' ~t~~;:,. " ~~ ,U, " ", ':'J';1.'.t Ill., '.\:!4 ~" lI'~ .. "~-':' " '~"i 1,:1 , . "." , .'..I.'~I~" ~11~~~ ".r;, 'J'\ li\ :4~..: "ir~,." :\ '~"/~r . .," J;j ]' flE5."ONOfIi' flolS AO!NCY IINCIDENT.: .s ~1..1i 0. Q 3\ '!. "KOICAI. 'ACurt I^CCIDENf DATE: "__... :..i ~Ic.>>... ....0....".,.. Bcnl, 0 ...... AClutlrs.; " I J K l "- . .- ~U~11OIl D~AIlt(RD Ill. 0lA01Wol : . @RlWlIUIYAC€D : .. I'l....nv_ IlCtIllOl OlSIIICT IF APl'\.teAaI' ... . .. ; . ..., .",. "..., "'oucIUPli>>lOl~OProrlmY ",. .". .. , . . , . , , . ... . . ... ... ....! .... AlJIJRE SS ,,,.. .... .. .. .. .. .., .... .... ,......I".... - : : . 17.. AR~,~~I~I.;:'I~~.'::~~~PtTAI1,~:Ir,.. ;....,. mNTI, '" ,., AIlD I DlTAI !HI a .'OIII1A NO LOCATION 01' TOW!D Hllen. KNOWN ~~ \ol........ \'\1..,"(.2.\ ~"tbP"A R"IoI.,.\ t.. U.... ....&:!. "\\-Ie ""u.....c . II.A. c..........>>d I:'A'L~ Th !-.... ~ .............. . .< UH\,-Jl:, '01'"\\\" ft...." ..,u...u \l.... .. .... . ....... -".~ D..,,,1l ~J:' .... ....\\-';t.1I AI' "'.... . It.,, .. .. . ...... --. ..[).,. ....t. A.'t AL. I '-I" .... * 2- ...~... .,. 1 - - -n.~c1oo Q.... " ... 'IL' " .. r: - W'\\:: r. ,..,.. \~...,to-"'N'T" .\. - - .t; \ 't - 4 tl, ~ I 0, ; Pt500AHCl CO/IPIoH'I,.\ '" ...,,~ "i MvT, INSlOWU COMI'AHV ..ontM11CII M'ont.llllOH U::' ~'~Q" ~~Ic..",'t ....c 0'" III:' I ,.....OCY NO ...... '-OOIU:.55 -"'''-''''' N. WlllTln.. 1- ALUllISS "toNE H"'I' ". Y~'IONSIf..UCA'EO ~ StellOPl NU"ltflS lotA.Y IF Cll,AlKllUJ lC Hlc , r.;. ~ N O..t= 00 UNO" 00 , , ,V':'OIlAlll~ ~~I", !VII alA II ~"M " ~IOI\AI1II: g1)~YI'1 V'U'^,S D'JlH~1 14.lINnllQ~llCJj , - ItRJ , u~' . IlRI u~, 'flU'll - o . 0 llI"I'\! Clrl]'llE I utilij, 0 0 0.__'1'. CJ lH< (.OJ'' ~ .__V. CJ l.fII( YU 1<<)0 A.A., lloW'l roO( Lf -._ CENl (II ran IIlOtlWA" &IIn IV :~o! 1,:J:~~~f.:: ", " .... ',.. ~ 'ilk!Jt,..il, ''t'' ;"..1.." ~{:\' ",.~,~ ~ .'~" L.. . 00012~ 0,0, ",' .t... 708521 p ~ LJ. ~~"-<A/ t:>/JIII-l /. -;d, ~ ~~ ~ /A~~ -J. 5-/3-'l3~dPP~ d~) Jd(jlZf1~~ . 4idP 1 ~aA.. wLb o/--1-A.--l'-e.I!/t.~;. 4f0: .~ ~ ,~ ~. ~~ tf~~-~~. '1'" WM ~A::I ~@~ 1/ a~~' ~ V~_ </JU;;U ~. /)1-<9::ti;~ /tl ~ '6 ~~~. ~'~~MVJ;af. ~ ~lre,;u ~~-.J a/l~r.~ ./1l;!~ ~~'-. ;<J-t. ~ ~<J/-f!~~'- ~ .JJf4ktt-UM ~\ Vo ~ &;.J. . --;r' fL. ~ ~~ t:l~~H. -jJL.~ ~~'5 4~ (--tM/~ ~ ~. .. ...L1L. ..Lv-ea ~Z-( ,>I~ ';"J AA( (Jl '~7dJ ~;' /- D ~~J~~~~ tx. ILOXL ~ -&I ~ 4I!u~8' ~~~ -~%~W-P~. F' ~~W-0r:.5 ,Jd ~ ~ f' ~~ ~ ~fJ;vu. ./tU ~ ~ --A'\.{) ~fJ~ ~) ./)'\D.^"'-i-i:DJl ~. f' ~~ ~~..;.~ .~. , -F' vJO--l),~ ~ ~~ Q~(j 6=H__L\. ~. (}{'L</),r;;'-4-'hJ_~ .5/7/9::' - f)l'lvt r IfcJ. !/k 7f f" 7//', .;'a:~ ~1iJ.~{L'7" /(1' 1" 'tl&a-ble N /2 ~I / III ^ / u7Mf!lv! &/h I,V' ;;4, S' Y-/1v: ~ LV <<e c-/,. I <i..-U' yl '/" t\./I"-I- lYa 0eu., - J I -" J t /'- $' I 'IY t' f ( t-I.c ,YOSt:; t7 /' -:t uJCZ"r rf2'@A.j V c tJ /0/. -1 t/ f)~(;)r-- ('C( /' J\ 1"1. uf. r,\AA 1. UJ J l)) C &' j;l ty'n Me ;;/1 IL~--V /,,1/11/1 . L '~&1. r IP~ At,!' /' /' /" /' ("Ii' /tJI ~ (Cl q, y 41//:7/ 9~t!1 tf}/l /t{f .hw.lo, ~()~. @ .9lo//<! Ii (j1.eL Iv r- c;;,4#f/ /;1 { ~ti f@ rff ~ c)J/61 /' '/ PI Y' <,,(1 /' /pl yi~ 1/ ~ /1 {idl -lIlr/dl.~ ((1/1/(/ '<: t/I-I, t;J /.,'el w-a s ')" ,-+ . Jy I)ft IY/'^;/. vI~ M/C rYl ~ 111., .7 blMY' ,.:;L dA6. ~ ' !/JIJ !il'" all.;,1 ZI;/ #/1 tt,~ I&. (! ~tlcl f.# t;aY- ~I/), 1;# J :n :T~ lYlc/l.r: . ~ ." '7Ja/relYt? {~jGtdft c h ,//7-7r; . el?~ ---. (IL(Yt1'l cl, ;/ /~ ~ .j, c.c i/ ~4 ,I /' k V ,(/;/ ,-' V ,-ev.:x 7/1!;-IL/CsL Ac/ C ,flc;/ SA IJt/ Y-- .. rf))';! tI,) 1/"; g, 'l/' j /~ x;. ctc:/ jL' F ~/ \ ~(!C ~ 9[I'V I /J ( ,0'7 "'^ M c;:/a<7 II< 0 ~ r, (;7/ ~ I fL C.J- @-A fD t/tI;r;/ /eN- e r~.p ( tJ& /7(7 " (1 ~r I l e 9;117. Oi' 1 ~Ct pt\ CO ~(li ~1~1 ( ~SW~7~RY fISA~rL~T~ ,~UESTIO~Nj~~E /J Patient Nam~_'kit::."L:/!.J.E__ e"te !O.(-c-Z9..2- Directions: This questionnaire has been designed to give the doctor information liS to how your pain has lIffected your lIbility to manage in every day life. Please circle in each section only one statement which most closely applies to you. ~~_g_!;..t9.n .1..! .e!'J.n l.n.!;.!!!)1!..H,.v ~ I clln toler.-.te the ""in I have without ""ving to use pain ~[-l1 ers . ;>. The pain is bad but I m"n"go without tllldng "..in Idllars. 3. Pain killers give complete relief from p"in. 4. PlIin killers give. moderate relief from pain. 5. Pain killers give very little relief from pain. 6. Pain killers have no effect 0 the pain lInd I do not use them. .P_'ilr.JHm.~..1. 9..~.r.!! .u~.!!..11.bJn.g.,. P.r..!'.,11..11..:!D.fl.,.. .S.!;.!;..,,) 2~.QJ;i.9D. ' E..!. Q 3. 4. 5. 6. I clln look after myself normally without cllusing extra pain. I can look after myself normally but it clluses extrll pain. It is painful to look after myself lInd I am slow and careful. I need ~ome help but manllge most of my personal care. I need help every day in most "spects of self care. I do not get dressed, wash with difficulty, and stay in bed. .:?~_p_!;i.lm. .~..!. .!-_'W;_tn.9. cTh :r. 4. 5. 6 . .. I can lift heavy weights without extra pain. I can lift heavy weights but it gives extra pain. Pain prevents me from lifting heavy weights off the floor but I oan manage if they are conveniently positioned (e.g. on a table) . Pain prevents me from lifting heavy weights but loan manage light to medium weights if they are conveniently positioned. I can lift only very light weights. I cannot lift or carry anything at all. {leq.!;,J.Q!2~..!. ~ a lKiJllI G) Pain does not prevent me wall<ing any distance. 2. Pain prevents me walking more t hM' 1 mile. 3 . Pain prevents me wlllking more th..n 1/2 mile. 4. Pain prevents me walldng mora than 1/4 mile. 5 . I can on 1 y wa 11< using a cline or cl'utches. 6. I lIm in bed most of the time ane! have to crawl to the toilet. Sec t i all 5 I ;?i.\;..!;.Jnfl --::--_:;...._.._..... ..~.R. (I. 2. 3. 4 . 5 . 6. I can sit in any chair as long as I like. I clln only sit in my favorite chair a5 long as ( like. Pain prevents me sitting more than 1 hour. Pain prevents me from sitting more than 1/2 hour. Pain prevents me from sitting more than 10 minutes. Pain prevents me from sitting lIt ,,11. '( '.{ r9 OSWESTRY DISABILITY QUESTIONNAIRE ~J;'~.mUng ~.!'_9..!;..t(::m .!Lt (2) 2 . 3. 4. 6. 6. .\'lec U.!?L\ .1.J.. cp I c~n st~nd ~s long ~s I w~nt without extr~ pain. I c~n stand as long ns I want but it gives me extr~ pain. P~in prevents me from st,,"dinq fOl' mOl'o than 1 hour. P~in prevents me from standing for more than 30 minutes. P~in prevents me from standing for moro than 10 minutes. Pain prevents me from standing at all. .\'!.l.!t!H? i nJl. 3. 4. 6. 6. ,P~ i n does ~~ prevent me f ,'om s 1 eepi ng we 11 . I c~n sleep well only by using tablets. Even when I t~ke..t~blets. I havo less than Even when I t~ke tablets, I have less than Even when I t~l<e tablets, I have less than Pain prevents me from sleeping ~t all. six hours sleep. four hours sleep. two hours sleep. .\'!.!Lc;..!;..:I.!?!! ~.J_ ~..~~ h-J..f.g CC) My sex life is normal and causes no extra pain. 2. My sex life is normal but causes some extra pain. 3. My sex life is ne~rly normal but is very painful. 4. My sex life is severely restricted by pain. 6. My sex life is nearly absent because of pain. 6. P~in prevents any sex life ~t all. ~eq.!;10n .!1...!. Q) Soc;..i~l .\:..H.!! .. 2. 3. My sooi~l l.ife is normal and gives me no extra pain. My sooial life is normal but increases my degree of pain. Pain has no signifioant effect on my sooial life apart form limiting my more energetic interests (e.g. dancing etc.) Pain restrioted my social life and I do not go out as often. Pain has restricted my social life to my home. I have no social life because of pain. 4 . 6. 6 . ~".!9.S..:I.Q!l ..1..9-=.. .T r ~x e li n.9. ~ I can travel anywhere without extra pain. I can travel anywhere but it gives me extra pain. Pain is bad but I manage Journeys over 2 hours. 4. Pain restricts me to Journeys of less than one hour. 6. Pain restricts me to short necessary Journeys under 30 minutes. 6. Pain prevents me from traveling except to the doctor or hospital. Sign~t~~;-~f-P~ti~nt-- ~~j !.!?j :'l_ Date !: ;;t.J, U,O-' J --;JalJCtri:.' al Notation: .~ tJ-~ ~tA CLdv . CP C(., e K Cl/J VI lA !/-ltI\ ~ /111 Dale: s- /9'- fJ -110 S: u<~)~1 Borg-110 tp /fA . ~€ /e/~f- J" e yV!cv) S ~ SI c Exl. PMfJ.rs 0: PMf.1.rs PMf.1.FS PMf.1.FS PMf.1.FS PMf.1.Fs PMUrs PMUFS PM'f.1.FS PMfJr~ PM t .5 PMf.1.FS T: Mod: NU HV INT 81 VMS UP UC HP CP 0: B ^ T: JxatlorVCorrectlon SubluxatlOfV'Correctlon C (j0/2 , I II? [ t(;; f g 7.~ Ox: r '0 '5 20 25 30 35 40 4S 60 5 10 15 20 40 45 60 Relum ~ daY' ~PRN Return da weeks PRN plan: Bars -110 V PMUFS 0: f_ (fl ~ 1l, \ P M U F 5 ~JL~'}\1I1~ PMtJ.FS /\;Vi\~I~ S PMUFS ~n~ 51 PMtJ.FS '1 ,\' EJCt. P M U F 5 j~~ . 1e: A ~) :/aJ Notal/on: !: ..s - ::< / -9 ~ IJJ1-- 1-11&- I UC i jluxatlorv'correCllon IL f7 1 l ~'^ fi In . t c(l') J~,li' (/{ Dale: C";?S----93 5: --;LV ~ ~~ ~c.A~ 141)./J~V ,.ae.-. C PM U F 5 T PMUFS L PMUFS 5 PM U( J -- , SI PM T .! S Ext. P M TJ. F S Mod: MJ HV INT 81 VM5 UP UC HP CP 0: BAT: SubluxatltxVCOfTecllon ( Ox: i 10 15 20 25 30 35 40 ..5 60 5 10 15 20 35 40 45 60 Return days week! PRN Return weeks PRN 1: !-a {flA jC~ VI C'fY-; ( (::;S Plan: e Y(I (,'(1 (~.( ~ I. /<ab~ttL me: of::.nLI u': t<../ I ! ~c1al NotaUoo: ! Dale: 5~d8-9J ,dr(,'1 ,W(.U (i-;1d..~ fritd-- 5: I ! I i ) I I I i I I xi: NU ! , INT Bt , .'5 UP UC I CP 0: 8of8 .-1\ 0 PMtJ.FS 0: C PMUFS T PMt.1.FS T PMUFS l PMt.l.FS l PMUFS 5 PMt.1.FS 5 PMt! ~ SI PMUFS SI PMt .5 [xL PMt.1.FS Ext PMt.l.FS " ! ^ T: i i ) SUbluxallOlvcorrecl~ C!3 ) A /J lib cq 6 ~0tlf__-:l1 .' [I, ;f!'( i bluxalion/Correclion .. Ox: vL(7~ 5 10 15 20 25 30 040 045 60 5 10 15 20 040 045 60 Relurn days weeks PRN In: Plan: me: ;I ~y, 77~J- ~lal Notation: Ie: <t~/ J>. 9 d ;(J-! l /), ( .~~~~ ~LlClll\;<) l:J1 f\(t!. , t11() I' , rg -'10 (){l J tJ T l 5 SI [xl PMf.1.FS Ot PMf.1.FS PMf.1.FS PMf.1.FS PMfJ.FS PMfJ.fS ~NT,"~ "S U~~ ) CP 0: . A T: blulCatlonlCorrectlon -1 ~ / ~ f I/(fj d /J 7 ? J 1" I Pll[ C tl) L :J-- ,f Dale: ',;)3- f s: ~ ~AOJ-, /y' ''-110 if , , C T l 5 51 Ext. PM1.1FS PMUfS PMUfS PMUrS PMf ( . PMfJ.fS AI, V T 81 VMS U~ HP CP'~ ' OAT: .. SublulCatllXVCorreclloo h C ~ ;)L //(/! ;. \ C1jL ,~/ I ?: j_.-:d~. . '" ............, .,' '. / (: r L{7. Ox: g:t(7. 7~rO .. "20 '25 ...30 -)5..40-..5 5 10 15 20 25 )0 35 <40 <45 60 5 10 15 60 Return 0 daY' weeks PRN Re daY' weeks PRN an: Plan: I \ me: 0<: 'ute-(.()--', DctJ..J-e..'I,~__ ~cial Notation: Ie: ;/~ I p~ tAr ~..::. I (~)I (E~ { 'il C-(9/z,.....e ;4cA'''-' I / '7 j' 11'1 Ii J (I f /\ Ie a jL ,/ _ ' /t/11 ~ {!(Ija:f.~ ,(l rg---11O I I, 1,/( r:' lice J '(')11 . C_~ PM i ! r 5 0: f-( GJ T PM U F 5 ~ ,.1 \~ L PM U F 5 7r Ct I (C 5 PM U F 5 '/) "1!i (,,0-- 51 PM U F 5 Exl. P M i ! F 5 ;~~~ V\S UPl~ P CP 0: )^ T: I C/-J Dale: 17 ~ '1 - ; .,:J I' } s: .,1, I \ I t, \ . I ,'pf. ^( ( l' I " 'v 11/1' .rvf ~ IJ. I" f. Borg ---110 ~~ Mod: NU HV INT 61 VMS UP UC HP CP 0: B ^ T: lbluxation/Correction I} If Subluxation/Co reelion C J ;t /0 I'h-- -r::(~1'1; f) c__ T L 5 51 Ext. , , .. PMi!FS PMiJ.Fs PMUFS PM i I S i PM i . S PMiJ.FS CC l( ? (J ?S'\ Vr () Dx: 5 10 15 20 25 30 35 40 45 60 5 10 15 20 25 30 35 40 45 60 . . ---.., Return Return days weeks PRN 'Iall: Plan: ! Ie: .~/tel.U . -;3 ah_Dz-,' :ial Notation: ~: 7 ~J.1-9 J- ,- rPl' . 'f .A' G ,\,. g ---110 \ \ \ "- " >d: NU liNT III i\S UP UC >> CP 0: ^ T: ,bluxatlon/Correctlon Date: _ .JS-') :J s, - ~Ift) ?{)t9C(, C,t 9C1t...~ C f'(l. rf- u':J Borg -.-110 / h c./~y, . C I'M i.1.r S 0: C PMi.1.FS T PMi.1.rs T PMi.1.rs L PMi.1.rs L PMi.1.FS S PMi.1.FS 5 PMUrS SI PMi.1.FS SI PMi i Exl. PMi.1.FS Exl. PMi.1.FS H,) III MS up-di2l HP CP ~ B ^ T: .. Subluxation/Correction 1 t)2T ~~ ( \ Ox: 5 10 15 20 25 30 35 40 45 60 5 10 15 20 25 30 35 40 45 60 Return 'Ian: days weeks PRN Return Plan: .e: v .x.AU!..<AJ-'. /. ('~I~ , IU. .dal Notation: Ite: p /// /~' J Date: -/'j,tjJ s: ilfl / !lar!- . (tl.t I/O; ~~ ';7 Ilorg --110 /' L Irg ---110' tJjtP(,) ~ JltJ-v \ C PM US 0: C PMiJ.F5 T PMi!F5 T PMi!F5 l PMi!r5 l PMi!F5 5 ~Mtlf5 5 PMiJ rs I 51 PMi!F5 51 PMi .. 5 Ex\. Mi!F5 Ex\. PMi!FS od: NU V INT III \\5 UP UC P CP 0: ^ T: .. Jbluxallon/Correctlon Subluxation/Correction <(<-as t+(S.I(( ( ()/1/ . Ox: 5 10 15 20 25 30 35 60 5 10 15 20 25 30 35 40 45 60 Retu rn days Return days ::2. ~RN 'Ian: Plan: C; 1\1,1. '"lI"MIlII/J'IlYKY.NTn t 'I' P " , " " f' ~ 'r k 'r ~ N V N T p"'1 i"'.t \,,',,01'1 , III ~ ~ , . )" , (,"0) 11" I'/.TlmlT, nTIJI!n'rli lJ. 11111"11 111'1:> ,'; ,.." 1 fHurTII 11" J(~U :;'I'I'K"~I' 'O"IH."-fClWN ,.,. '7f)!il nr."'Ij-ft(. ll,:l" '~H.'^' lfd,,"'t.t\" lI^,n:/I".,~ 1Ir-/ll/'ll . all" 1ll: 1.IDlmT" tIlrl1'^,. ..11:' I l.OHTllP. 1lJ1IVr. HF.('''''Nl....fH'''Jl(~ "^ I'''''.', "'H'I"""'''' 11""Hl"4IV"" III-.' II "'K ell I 'lI'l'/l~' .'1'1" Mili.....IIITfli 1f1P ,f"nTII """'11 "Tfl~,~I' rtIJIIJI.r.TflWH I'^ Il"',d " 1/""" I,'dl, ."Hf! J I II"""UU') Of AljnO~; I ~J ; "4'1.1, IIpnll'''/Il'l'nIlH' OF" 111l,'11 n47.\ llfRIIJ/I/"TllII"f 'nl('III1I'I{' nr.'~lllll 711. ,0 "Jll\IlIl~I1ES 17!'.1 "Yllt'1IIflU1I1THI /I'il'F'",'fTr~ 1I"'I'r. OF I.ART IIIl,t,: II/,r'I'" 1'111 1''1'''4411.' IfI' I;~ ,n 1 I ;:::o:'~;=~==:===--===::-:~~e=~,..-~~~-~~~~-rt~""n~r--:--~~~.- ...~-' .~~':'1'=-~':'!~=-=C!r~"!'"'" ~===~==-::====:::========::-:-::::..--:-;:::=;:=====~~~":":=-:-::'-::':"::-:~====__...~..........21==:: 111\'1'11 CPT IlflllCRlI'T10" . pop '1'1/8 . IUMIUN'r O(\/'!l/93 999 CI>1> U:U, CO!!'I' PER PAGI': OJ 01 1 !,l.;"! 07/0'/93 99213 E5'rIlLII,H/If~:1l ,...., l.IMITr.n On'lell Villi'.' . OJ III 1 1!l.I/II (1/ /0' /In 9'11) 8 1l/,EI..'1'IlIC 5'rIHlllIITIOII . 0.1 III 1 10.1111 07/02/93 97128 l/l:rPAIlOIIIlII . IlJ 01 1 JO.OU 07/11/93 99213 <Il8TIlDLJ811EU ,'r 1.1 Hll'f':P OFI'II'" '1fl:I'" . III 11' 1 4!>.01l 0'/ / 14/q, 9n18 BLEC'I'RIC Wr'MIIIJlTrIlN . 0'.1 01 ) '10.00 11/ / )4/q) Q717.8 III.TIlASOUIIIJ . IU f11 1 JU.OII 07/28/93 99213 E3'1'IIULl~JII~;U 1'1' 1,lHITliIJ 01'1'1(:" VWI'\' . 03 I 1!l,11I1 (17/'0/9] 9'/118 I!LEI.."nUC !lTrHllrM'llH' . nJ III I JO,O') (l1/lP'/9J ':I'I12U lJL'rJIM:OlJNIJ . 11.1 III ) )U.IIII (ln/']/'I] 99:1.11 RfJTllllLI!'IflP.1l I'T 1.IHITJ:IJ IllTll'r. VHHT . 01 (II I 1!l.0') 00/ )]/9] 971 111 RI.t:t"IlU C Wl'I /111 J liT 1111' . 0.1 IlJ 1 30.00 00/13/91 9'1128 IlIlfRhBOUNl.l . I)J III 1 '.10.110 I1M/"//'I,1 99;1.13 RSTAI.ILlSIIRIl M' 1,1"1....:11 11I't'lI'F, VIOlT . II' III 1 4!i.00 (lR/?'//93 91118 Et.t:I,."I'lUC G'l'IMtIlJ\TION . 0.1 111 1 30.00 08/27/'13 '17128 UL'I'RJ\8OUlIl.l . In 111 1 30.00 OIl/O,l/9] 9!12H ES'l'ADLlSllEU l'T BIIIBF OFF1CH VHa'l' . '" 01 1 10_00 Oll/lll/9J 99;> 11 F.S'rAOLISIIIlU PT IlRIB' Of'ner: VISIT . III 01 1 10_00 11I/Ul/9,] 99:>12 F.STIIOLlSlIIlU PT DRIBY OFFTCY VTflTT . "' III I 10.00 10/22/93 '17124 "liSSAGE . III III I 40.00 11l/22/9J 99H2 F:STl\lIl,lSIIRU 1)'1' L'HIHl' lIfl'll'~ VHllT . II] 'II I 10.00 lU/U/9) 911110 II Y 1.111.0c01,1 oil. TOR/ en Y Ol'IIliRA I' y . 0] Ul 1 20.00 10/22/93 nil 14 ELIlC'I'RICAL S'!'lMlJl.A1'1IIH (lIl'II'l'TF.fllff:ll ) . I)' III I 30.00 1 (I/n/9) 111128 UI.TlIMOUNU . III III I 30.00 lO/l5/9J 9Vl1 ES'fADLJ9I1EU YI' I1Oln.. ornl'll VWII . "I 01 I lO.OO llJ/2~'/~J 97124 "^fir.^"I~ . 0' 111 1 40.00 10/25/93 97128 IJLl'MSOUlIl.l . OJ IJI I 30,00 1l.'/H'/'11 !n1l11 1':1 ,"<':'rnl CI\I, STIMIJI./I'I'JI.\1l ( IINII,..rrn41l1i1l) . 01 01 I 10.00 CIlNTllflllln ===~~~~~~~~~~~~=~;.~~=:====~===~~~~~==~~~,~~~~~~~~==~~~~~==~- ----- ~lllfl'lTJ.I\I,: 900. ~5 f>;'QlI;Io / ALL CHARGES/PAYMENTS I T E H I ZED 8 TAT E MEN T IW!'r.: OJ/11/94 1 ns #: ;!)-;l50n099 I'A'!'lEN'l': BABETTE D. LEIIEW 1001l0J 657 SOUTH UNION STREET MIDDLETOWN N PA l7057 8S#175-66-2526 POL#AIJ57451604 DATE/INJ: 05/l3/93 GRP# TO: LIBERTY MUTUAL P.O. BOX 2007 NECIIANICSBURG 1'1\ 1'/055 EMPWYIW: UNEMl'I,OYED 'I'IIE IIE'l'RICK CEN'rER !iOO 1I0R'!'1I UNION 8THEI':'!' MTlJUI.E'l'OWN, P1\ 17057 717/944-2225 Fax:717/944-093;l DIAGNOSIS: 729.1 MYOFIBROSITIS MYOFACITIS DA1'E OF LAs'r BILL: 10/;l0/9J PH# S'1'54404;l ID# 641105 =============================================================================== DlITE CPT DESCRIPTION . POS TOS . AMOUNT =============================================================================== 09/20/93 97530 KINE1'IC EXERCISES INITIAL 30 MINUTES * 03 1 50.00 09/20/93 97531 KINE'I'IC EXERCISES AUD'L 15 MINU'rES * 03 2 50.00 09/27/93 97530 KINE'I'IC EXERCISES INITIAL JO MINUTES * OJ Ol 1 50.00 09/27/93 97531 K'INETIC EXERCISES ADD'L l5 MINUTES * OJ Ol 1 25.00 09/29/93 97530 I<INETIC EXERCISES INITIAL JO MINUTES * 03 01 1 50.00 09/29/93 9'1531 I<INETIC EXERCISES ADD'L l5 MINUTES * 03 01 2 50.00 lO/01/93 97530 I<INETIC EXERCISES INITIAL 30 MINUTES * 03 Ol 1 50.00 lO/Ol/93 97531 KINETIC EXERCISES ADD'L l5 MINUTES * 03 Ol 2 50.00 10/06/93 97530 I<INETIC EXERCISES INITIAL JO MINUTES * 03 01 1 50.00 10/06/93 97531 I<INETIC EXERCISES ADD'L l5 MINUTES * 03 01 1 25.00 lO/08/93 97530 KINETIC EXERCISES INITIAL 30 MINUTES * 03 Ol 1 50.00 lO/00/93 97531 KINETIC EXERCISES ADD'L 15 MINUTES * 03 1 25.00 lO/11/93 97530 I<INETIC EXERCISES INITIAL 30 MINUTES * 03 01 1 50.00 10/11/93 97531 I<INETIC EXERCISES ADD'L 15 MINUTES * 03 Ol 1 25.00 lO/U/93 97530 I<INETIC EXERCISES INITIAL 30 MINUTES * 03 Ol 1 50.00 10/10/93 99211 ES'rABLISHED 1''1' LIMITED OFFICr. VUH'I' * 03 01 l' 45.00 11/09/93 IN PAYMENT-INS 22243520/51-44 #106817 -132.l2 11/09/93 IA ADJUSTMENT FORGIVE #106817 -142.88 11/09/93 IN PAYMEN'I'-INS 22243520/51-44 #106818 -48.03 11/09/93 IA ADJUSTMEN'I' FORGIVE #1068l8 -51.97 11/11/93 IN PAYMENT-INS 22243558/51-44 #106950 -72.l2 11/11/93 IA ADJUSTMENT FORGIVE #106950 -77,88 11/11/93 IN PAYMENT-INS 22243550/51-44 #106951 -60.l5 11/11/93 11\ ADJUSTMENT FORGIVE #l0695l -64.85 12/13/93 IN PAYMEN'I'-INS lO/10 22244144 #107046 -33.l0 12/13/93 IA ADJUS'rMEWl' FORGIVE #107046 -11.90 =============================================================================== 1\T'l'ENllING DR: SC01"!' 1\ STONER D.C. 'l'O'!'AI,: $ lI/\l.J\tlCE 01/11/94: $ rA/cc/IHtlCsh/CC/ln". plI)'lllHj CR/DEeCrtodltlDt'bltj 1""111" n!ll; ...,,,,, rd V' hll i I. ~, ',rI'r'j \'1 ,1111 1IIIIlt ,h11'1 r i, I. II'/ ",' II, I "i'II,I" ," ',I.l1r I 11'111 1"'1 la' ': III' 'FIM I,j"', JlI!. II '/,I'I"tlllll lip II 1111I III 'filii ItUI:tPlli i'~'IIIlI'1 P,.l f.nl I 1" ,\ III I' I 111",'1' 1\ I .'l'I.\', 11',11 , "I' '.'1'11 I, 1" "',' 11"1~,\ 1\ I 11"111 IIM1I1I1'[lI' ,~;: '. ~'~p :: :1'1 11',111 . 1\ I 1"1"1 IH"tIP II II~'I" I 1\ I LIJ'E1I1Y"IUII"'1 II' I I'd " i I" I ,\ ql;l, 111'11 , II' ~"~\ j I " I" ~ 111'11 1\ I ll'~UI 111I:111.111.11: :,,'\,(,,', , ' II II,'.! , 1\ I 1""11 1011/11/11) II. " 11I~11 I', I IlrFI'II' 111111'111. 1'1) . [1111 III 11111[11111';11'111 'to Illll~ " . ", 1.III,nH!'1 r:'.l1,1 l'll,lfllll':, il,ll nil IP':I' .",' oj,I,ltlll..'!"I, ,.,q:11I1'I III ",11111 t illllilll,'/,I'. ,',' '. ',1 I ',1' 1I,,:WIl IU,I"III'II' I l.i 1111 i ill II,; H,I'.I'. " ,\W .1'1' 1','" .. t. [,1. l'IIMIGES/ PA VHEN'1'1l I '!' E H 1 'I. E IJ :: 'I' ^ 'I' I,: N I'; 1/ 'I' IWI'I';: (1('1;'>';/'1 I IIWH: ,!;-I(,~(I;'>II() PA'I'lEN'!': DAUE'l"l'E U. LEIIEW 102275 657 SOUTII UNION STREET MIlJlH,E'I'OWN "A 1'/057 SSU75-66-2526 POI,H^ J 357457604 [)A'l'f~/ lll./: 05/I.I/'J:J GIlPH '1'0: (.IDER'l'Y MU'I'UA1. 5021 LOUISE IJIlIVE HECIIANICSDUflG PA 17055 E~II'(.DYf.fl: IJtIEMI'I,OYf.D IIE'I'flICK ell f flOPIlAC'!'lC ASSOCIATES 500 IIOfl'J'lI lIIllOI/ S'l'IlEE'1' H IlllJl ,E'l'Olm P^ 17 05'/ "17/94~-5515 Fnx:717/944-0932 DIAGNOSIS: B47.0 SPflAIN/S'l'HAIN OF NECK B47.1 SPRAIN/S'l'RAHI 'I'HORACIC REGION 784.0 IIEADACIIES DATE CPT DATE OF LAS'l' BILL: 06/15/93 PR# S'1'5440~2 IlJH 6,7Bl1 ===~==========================================~===~=~====================aa=aaa AMOUNT DESCRIP'l'ION * POS TOS # ===============~=======:====================~~~_~.~~=~~~~==~===============a===~ 05/l7/93 99204 05/17/93 72050 05/l7/93 72070 05/l7/93 9711B 05/l7/93 9712B OS/21/93 99213 OS/21/93 9711B OS/21/93 97128 OS/2B/93 99213 OS/28/93 97118 OS/2B/93 97128 06/11/93 99213 06/11/93 97118 06/11/93 97128 06/l~/93 99213 06/l4/93 97118 Oli/14/93 97128 Oli/l8/93 ~9213 06/1B/93 97118 06/lB/93 97128 06/23/93 99213 06/23/93 97118 06/23/93 97128 NEW p'r EXTENDED OFFICE VISl'I' XRAY CERVICAL/4 VIEWS XRAY THORACIC EtECTRIC STIMULATION UL'l'RASOUND Es'rABLISHED PT LIMI'l'ED OFF ICE V IS 1'1' ELECTRIC STIMULATION U L'I'RASOUND ES'l'ABLISHED PT LIMn'ED OFFICE v IS 1 '!' ELECTRIC STIMULATION ULTRASOUND ES'!'ABLISHED PT LIMI'l'ED OFFICE VISI'I' ELECTRIC STIMULATION ULTRASOUND ES'l'ADLISHED 1"1' LIMI'rED OFFICE VISI'I' ELEC'l'RIC STIMULA'I'ION UUI'RASOUND ES'!'ADLISIIED 1"1' LIMI'l'ED OFFICE VIRI'I' ELEC'I'RIC STIMUI,A'I'ION U L'!'RJ\SOUND ES'!'ADLISIIED 1"1' LINI'!'ED OFFICI'; VI;,I'I' ELECTRIC S'I'IMULA'l'ION !JUI'RASOUND 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 01 03 Ol OJ 01 03 01 OJ 01 OJ 01 OJ 01 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 125.00 150.00 80.00 30.00 30.00 45.00 30.00 30.00 45.00 30.00 30.00 45.00 30.00 30.00 45.00 30.00 30.00 45.00 JO.OO 30.00 45.00 30.00 30.00 ====~=~=~==~==~~=~=~~~~~~~~=~~~~~-~-~----_. _..._~.~----~----~~~~-~~~~-~=~==~~=~==~~== A'I"l'EtlD ING DR: SCO'l"!' A STONER (). C. 'I'O'l'AL: $ Iml~"CE 06/25/9]: $ l,045.00 1,045.00 PA/ !N~Pnt./ (Ilfl. pnymnt: CJl/lJF:~cr"d i t/ll"b It: I A-I ns. m)-j; *~InB. Pd I'", 'J II.' . IL, I "-'I'" ',j ~J LAW O'''ICIES HANDLER AND WIENER 31 9 MARttET STREET PO Bo" I 17' HARRISBURG. p" I? I 06 17171 Z3S"ZOOO Exhibit A DEFINITIONS "Point of impact" and "moment of impact" refer to the point in time in which contact was made between Plaintiff's vehicle and the Robison vehicle. "Person" means any individual or any legal entity including but not limited to any corporation, partnership, proprietorship, association, or joint venture. "Identify" or "Identity" when used in reference to a person means to state the person's full name, present address and, if a natural person, his present or last known business affiliation and his position or business affiliation at the time in question. "Identify" or "Identity" when used in reference to a ducume- nt means to state the date, author, subject matter and type of document or some other means of identifying it and its present location or custodian. If such document was but is no longer in your possession or subject to your control, state what disposi- tion was made of it. "Identify" or "Identity" when used in reference to a "com- munication" means to sta:e its description (e.g., in person, telephone, etc.), its date, the place or places at which it occurred, the Identity of all Persons participating in or present during such communication, the substance of what was said and by whom, and its purpose. - 3 - 27. If you are claiming loss of future earnings or a permanent diminution of earning capacity, state the total earnings it is estimated you will lose and the basis upon which this estimate is made. - 30 - employees, insurance carriers and attorneys and is considered to be continuing. Plaintiff's response to the Request should be modified or supplemented as Plaintiff, and/or her attorneys, obtain further or additional documents up to the time of trial. Requested documents are more particularly itemized and described as follows: 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or your attorney or insurers, which relate to the proposed testimony of the preparer of such opinion, report, summary or other writing. 3. All drawings, sketches, diagrams, or writings in your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. 4. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorney(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the - 2 - value or merit of the claim or defense or respecting strategy or tactics. 5. All photographs or videotapes of the accident site, your injuries, or any item or thing involved in the accident. 6. All medical records, charts, reports, opinions and correspondence of any hospital, physician, osteopath, chiropractor, therapist, dentisL or orthodontist that provided treatment for the injuries you sustained in the accident. 7. All bills for medical treatment rendered by any hospital, physician, osteopath, chiropractor, therapist, dentist or orthodontist. 8. All documents which support any claim for lost earnings or income. 9. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation. 10. All documents which you intend to use as exhibits at trial. NOTE: As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, - 3 - exhibit B \., The Court or C=mmO:1 ?le::s or C:.J:-.::"-:~H'l::nd C:,::w:-;~'YI ?anr:syl'lcr:i;:: 8abette D. Lehew 'IS. Penny L. F'isher ~o. 95-2007 civil Term':1 "'---Y .. --- ~OWt July 7 '9 95 T S---=-':>~":'':;' 0.-:;' f'-''-''-=-:lT ""' cot.:......r~v ~.. . __ -. -__. _~..l.::l':"'_~,.., ..,..... ...., CD h=-.JJy d...::u= 6.:: Sn::S of Dauphin . . C~u:.ry :0 :':::::-.1t.e ::is '.V::; ::.:s d..-pu:::.:!cu :::bi -!'t':_ ~t :!:.:: :-:qu=:t =d ~~ oi :== ?bi::::I. ~t"/ ./// rr ~~~ ,t..:LZ:,.,.-:..1' 5ae..."1:! at C~er~d C"'u:rr. ?3.. Affidavit or Se:-n~ ~OW, !~ .. o'dea ~c. 1::-.-= :.:~ wi":":" '.1f"Otl It ::r :.:u:dbJ :0 1 c::pr oi :::e o::F-.,1 ... U1d -~":. icawn :0 . :h:::::i. :.::.: .:::1t:::s So ~=. Sh.:::ii' 0 i Caunt')". ?~ =: =:s 6yoi 19_ COSTS ::r-'t v'C:: ~a:U.AG:C: A.::IDA ;"IT oS 5wcl':1 :me! rd:.c="1:e:i be:"= ~--_. s 1- .-4 \ " \ , . .. . .. q .'" . . : . j 'f.. ~ ,~ " ('. :: i 7' I .' I I ~ I ~ ~~ n , t"''1l::O lD I 1-" I I-',IT 0 n I I I T"" < 1Il :> 1Il CT , ...' ... 1-" I n :> IT IT '0 I ..a 001: I ~ '~I~~ .... I .~ 3 ,.,. ... I lD II ,.,. I I I ~ r I . r''1 ro N I n I . 1-" 0 I ,.,. I ::0 IT Cl 0 I I r ~~~~i~ 1-" I o "l . -J 0 I CT 1-" ::l: t"' :> I ...,.UJ n - IT n I :>:rZ :r 1-" fJl I 1Il IT n IT < I I 0'11-" >: 1-" !::j t"' I :> '1 .... a' I n I ... . >: I 0 I If E I 9 I ... . I r ~ 0/( (: J ,(It) ) ) 111 (/ 1/ I" II' .'IJ~f~! I) 51\/.11\.111'5' J 'J )/.1(\1(' ( ( I; I; J .') /',1 I ( . i!r-~)0 ( ,(<., 11 )111[/ II ,n 11\, l' 11)~,~. /t;Y ~l'n\f\'" 1lC:' j iJ )/ J f\I ( rb!)I'f( ("'1// ,-{ " ... t :K " '. , ~;l ~J , .. ~\ t ,\f -.. .' ~'f IS. f \- ~\ -~',\' ~ " " '\ ~ .~ t \ BABETTE D. LEHEW, Plaintiff : IN TilE COUR'l' OF COMMON PLEAS : CUMBEHLAIID COUN'l"{, PENNSYLVANIA vs. : CIVI L AC'l'ION - 1.AW ROSEMARIE MCNAIR, PENNY L. :JUHV 'l'HIAl, DEMANDED FISIIER and LISA B. ROBINSON, Defendants :No. 95-2007 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, by and through her attorneys, Handler and wiener, and makes the within Complaint against the Defendants as follows: 1. Plaintiff, Babette D. Lehew, is an adult individual currently residing at 657 South Union Street, Middletown, Dauphin County, Pennsylvania. 2. Defendant, Rosemarie McNair, is an adult individual residing at 906 Thornton Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Penny L. Fisher, is an adult individual residing at 5245 Hillside Lane, Mechanicsburg, cumberland county, Pennsylvania. 4. Defendant, Lisa B. Robinson, is an adult individual residing at 51 South Quarry Road, lIummelstown, Dauphin County, Pennsylvania. 5. At all times material hereto, Plaintiff, Babette D. Lehew, was the owner and operator of a 1992 Plymouth Laser bearing Pennsylvania Registration No. ACJB81B. 6. At all times material hereto, Defendant, Rosemarie McNair, is believed to be the owner, and was the operator of a 1991 Ford Explorer bearing Pennsylvania Registration No. 7. At all times material hereto, Defendant, Penny L. Fisher, was the owner and operator of a 1975 pontiac Firebird bearing Pennsylvania Registration No. ZEJ 874. 8. At all times material hereto, Defendant, Lisa B. Robinson, was the owner and operator of a 1985 1I0nda CRX bearing Pennsylvania Registration No. OS5442. 9. On May 13, 1993, at approximately 2:10 p.m., plaintiff, Babette D. Lehew, was travelling eastbound on state Route 581, at or near US Route 15, in camp IIi 11 Borough, cumberland county, Pennsylvania. 10. At the place and time aforesaid, Defendant, Rosemarie McNair, had just exited the entrance ramp to and had just entered State Route 581, at or near US Route 15, camp Hill Borough cumberland county, Pennsylvania, when suddenly, and without warning, her vehicle struck the passenger side of the vehicle operated by Plaintiff, Babette D. Lehew. 11. As a result of the impact caused by the McNair vehicle, Plaintiff'S vehicle stalled in the left lane of Route 581. 12. At the place and time aforesaid, Defendant, Lisa B. Robinson, was operating her vehicle eastbound on Route 581, when, sUddenly and without warning, she caused her vehicle to strike the rear end of Plaintiff'S vehicle. 13. At the place and time aforesaid, Defendant, Penny L. Fisher, was operating her vehicle eastbound on Route 581, when, suddenly and without warning, she caused her vehicle to strike the rear end of the vehicle operated by Lisa B. Robinson, initiating a chain-reaction collision into the rear end of the vehicle operated by plaintiff, Babette D. Lehew. 14. As a direct and proximate result of the negligence of the 2 Defendant Rosemarie McNair, solely and/or in conjunction with the other named Defendants, Penny L. Fisher and Lisa B. Robinson, Plaintiff, Babette D. Lehew, suffered serious bodily injury, as more fully set forth hereinafter. COUNT :r Babette D. Lehew v. Rosemarie MoNair 15. Plaintiff, Babette D. Lehew, incorporates herein by reference paragraphs 1 through 14 above as fully as if the same were set forth at length. 16. The occurrence of the aforesaid accident and the injuries therefrom, were caused directly and proximately by the negligence of Defendant, Rosemarie McNair, solely, and/or in conjunction with the other named Defendants, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for the vehicle in which the Plaintiff was operating; (b) In failing to exerciee reasonable care in the operation and control of her vehicle so as to avoid striking Plaintiff's vehicle; (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the vehicle in which Plaintiff was operating; (d) In failing to operate her vehicle at a speed in which he could stop within the assured clear distance, in violation of 75 Pa.C.S.A. 53361; (e) In failing to follow at a safe distance, in violation of 75 Pa.C.S.A. 53310; (f) to maintain proper and adequate the traffic conditions then and there In failing observation of existing. (g) In failing to yield the right-of-way to oncoming traffic as she merged into traffic from the access ramp. 15. As a result of the negligence of the Defendant, Rosemarie 3 McNair, Plaintiff, Babette D. Lehew, has sustained severe injuries, including but not limited to costovertebral dysfunction with muscular weakness over the dorsal spine area and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 16. As a result of the negligence of the Defendant, Rosemarie McNair, plaintiff, Babette D. Lehew, has suffered humiliation and embarrassment and will continue to suffer the same in the future, to her great detriment and loss. 17. As a result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D. Lehew, has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment and financial loss 18. As a further result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D. Lehew, has incurred lost wages and a loss of earning capacity. 19. As a result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D. Lehew, has undergone great physical pain, discomfort and mental anguiSh, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 20. Plaintiff, Babette D. Lehew, believes and therefore avers that her injuries are permanent in nature. 21. As a result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D. Lehew, has been compelleu, in order to effect a cure for her injuries, to expend large sums of mo~ey for medicine and medical attention. WHEREFORE, plaintiff, Babette D. Lehew, avers that the 4 Defendant, Rosemarie McNair is individually, and/or jointly and/or severally liable with other named Defendants, Penny L. Fisher and Lisa 8. RObinson, and demands judgment in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), which exceeds the jurisdictional requirement for compulsory arbitration and trial by jury. COUNT II BABETTE D. LEHEW vs. PENNY L. FISHER 22. Plaintiff, Babette D. Lehew, incorporates by reference paragraphs 1 through 21 above as fully as if the same were here set forth at length. 23. The occurrence of the aforesaid collision and the injury resulting therefrom to Plaintiff, Babette D. Lehew, was caused directly and proximately by the negligence cf Defendant, Penny L. Fisher, solely and/or in conjunction with the other named Defendants, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for the vehicle in which the Plaintiff was operating; (b) In failing to exercise reasone.ble care in the operation and control of her vehicle so as to avoid striking the vehicle being driven by Lisa B. Robinson thereby propelling that vehicle into the Plaintiff's vehicle. (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the Robinson vehicle thereby propelling that vehicle into the Plaintiff's vehicle. (d) In failing to operate her vehicle at a speed in which he could stop within the assured clear distance, in violation of 75 Pa.C.S.A. 53361; (e) In failing to follow at a safe distance, in violation of 75 Pa.C.S.A. 53310; (f) In failing to maintain proper and adequate observation of the traffic conditions then and there 5 existing. 24. As a result of the negligence of the Defendant, Penny L. Fisher, Plaintiff, Babotte D. Lehew, has sustained severe injuries, including, but not limited to, costovertebral dysfunction with muscular weakness over the dorsal spine area and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 25. As a result of the negligence of the Defendant, Penny L. Fisher, Plaintiff, Babette D. Lehew, has suffered humiliation and embarrassment and will continue to suffer the same in the future, to her great detriment and loss. 26. As a result of the negligence of the Defendant, Penny L. Fisher, Plaintiff, Babette D. Lehew, has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment and financial loss 27. As a further result of the negligence of the Defendant, penny L. FiSher, Plaintiff, Babette D. Lehew, has incurred lost wages and a loss of earning capacity. 28. As a result of the negligence of the Defendant, Penny L. risher, Plaintiff, Babette D. Lehew, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 29. Plaintiff, Babette D. Lehew, believes and therefore avers that her injuries are permanent in nature. 30. As a result of the negligence of the Defendant, Penny L. Fisher, Plaintiff, Babette D. Lehew, has been compelled, in order to effect a cure for her injuries, to expend large sums of money 6 for medicine and medical attention. WHEREFORE, Plaintiff, Babette D. Lehew, avers that the Defendant, Penny L. Fisher is individually, and/or jointly and/or severally liable with other named Defendants, Rosemarie Mcnair and Lisa B. Robinson, and demands judgment in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), which exceeds the jurisdictional requirement for compulaory arbitration and trial by jury. COUNT III. BABETTB D. LEHEW VB. LISA B. ROBINSON 31. Plaintiff, Babette D. Lehew, incorporates by reference paragraphs 1 through 30 above as fully as if the same were here set forth at length. 32. The occurrence of the aforesaid collision and the injury resulting therefrom to Plaintiff, Babette D. Lehew, was caused directly and proximately by the negligence of Defendant, Lisa B. Robinson, solely and/or in conjunction with the other named Defendants, generally and more specifically as set forth below: (a) In failing to keep a proper lookout f.or the vehicle in which the Plaintiff was operating; (b) In failing to exercise reasonable care in the operation and control of her vehicle so as to avoid striking Plaintiff's vehicle; (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the vehicle in which Plaintiff was operating; (d) In failing to operate which he could stop distance, in violation her vehicle at a speed in within the assured clear of 75 Pa.C.S.A. 53361; (e) In failing to follow at a safe distance, in violation of 75 Pa.C.S.A. 53310; (f) In failing to maintain proper and adequate 7 observation of the traffic conditions then and there existing. 33. As a result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has sustained severe injuries, including, but not limited to, costovertebral dysfunction with muscular weakness over the dorsal spine area and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 34. As a result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has suffered humiliation and embarrassment and will continue to suffer the same in the future, to her great detriment and loso. 35. As a result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment and financial loss 36. As a further result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has incurred lost wages and a loss of earning capacity. 37. As a result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 38. Plaintiff, Babette D. Lehew, believes and therefore avers that her injuries are permanent in nature. 39. As a result of the negligence of the Defendant, Lisa B. Robinson, Plaintiff, Babette D. Lehew, has been compelled, in order 8 i~UG Z j 31 I Ii '95 ,', LAW O"ICES HANDLER AND WIENER 31 g MARMET STRtET po. Box 1177 HARRISBURQ, p" 17100 17 I 71 &:3B02000 " ,\ - l.A W O....ICES DONAJ.1l R. nORt:R 3907 IIAMTlIMU: 11M Slim: 706 CAMP 1I11.1..I'A 17011 (717) 731-0988 t'AX: (717) 731-0987 lllll: 1-81")-622-2421 JUl II 8 4~ :,11 !~g ,,'; , iT Jut .1 I ~j lii. :\~I'~S ".\ .11 tAW omn~~ 1l0NAUl R. 1l0Rt:R 3907 IIANlIIIAU: IIN Sl'm; 706 CAlli' 11111.. I'A 17011 (7\7) 731-0988 t'AX: (7171 731-11'187 Tlln: 1-8IHI-622-WI NEW MATTER 40. At all times relevant to the Complaint, Defendant Lisa B. Robison ("Robison") had her vehicle under proper and adequate control. 41. Prior to impacting with Plaintiff's vehicle, Robison had completely stopped her vehicle. 42. The collision between Robison's car and that of Plaintiff's was caused by the automobile operated by Defendant Penny L. Fisher. 43. The damages complained of by Plaintiff were caused by her own negligence or the negligence of other persons, over whom Robison had no control or for whom Robison had no responsibility. WHEREFORE, Defendant Lisa B. Robison requests that judgment be entered in her favor and against Plaintiff Babette D. Lehew, and that Robison be awarded costs of suit. COUNT I - NEW MATTER PURSUANT TO PA. R. CIV. P. 2252(d) 44. Paragraphs 1 through 43 above are incorporated herein by reference as if set forth in full. 45. Without admitting their truth, the factual averments of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 46. Liability on the part of Defendant Robison is specifically denied. - 2 - 47. If the averments contained in Plaintiff's Complaint are established as true, the injuries and damages complained of were caused solely, or in part, by Defendant Penny L. Fisher. 48. Defendant Penny L. Fisher has been joined herein to protect Defendant Robison's rights of indemnity and contribution and Robison avers that Defendant Penny L. Fisher is alone liable to the Plaintiff, or in the alternative, that she is liable over to Robison, or is jointly and severally liable on the Plaintiff's alleged causes of action. WHEREFORE, Defendant Lisa B. Robison requests that judgment be entered in her favor and against all other parties. COUNT II - NEW MATTER PURSUANT TO PA. R. CIV. P. 2252(d) 49. Paragraphs 1 through 48 above are incorporated herein by reference as if set forth in full. 50. Without admitting their truth, the factual averments of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 51. Liability on the part of Defendant Robison is specifically denied. 52. If the averments contained in Plaintiff's Complaint are established as true, the injuries and damages complained of were caused solely, or in part. by Defendant Rosemarie McNair. 53. Defendant Rosemarie McNair has been joined herein to protect Defendant Robison's rlghts of indemnity and contribution - 3 - LAW OrFlCIS HANDLER AND WIENER 319 M."KU 5t"UT P.O. Box 1177 HA.."I.'U"o. 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I'A 17011 (7\7) 731-0988 "'AX: 1717) 731-0987 TIIII: 1-8IHl-622-2421 - -- JUH 29 10 so AH '95 l)f "- f' u~. ':; ,e!' '1(IU' .\f,~ . I ' i' Y , - -.- BABETTE D, LEHEW, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs, :CIVIL ACTION - LAW ROSEMARIE MCNAIR, PENNY L, :JURY TRIAL DEMANDED FISHER and LISA B, ROBINSON, Defendants :No, 95-2007 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, by and through her attorneys, Handler and wienar, and makes the within Complaint against the Defendants as follows: 1. Plaintiff, Babette D, Lehew, is an adult individual currently residing at 657 South union street, Middletown, Dauphin County, Pennsylvania. 2, Defendant, Rosemarie McNair, is an adult indivi.dual residing at 906 Thornton Drive, Mechanicsburg, cumberland county, Pennsylvania, 3, Defendant, Penny L, Fisher, is an adult individual residing at 5245 Hillside Lane, Mechanicsburg, Cumberland county, Pennsylvania, 4, Defendant, Lisa B. RObinson, is an adult individual residing at 51 South Quarrr Road, Humme~stown, Dauphin county, Pennsylvania, 5. At all times material hereto, Plaintiff, Babette D, Lehew, was the owner and operator of a 1992 Plymouth Laser bearing Pennsylvania Registration No, ACJ8818. 6, At all times material hereto, Defendant, Rosemarie McNair, is believed to be the owner, and was the operator of a 1991 Ford Explorer bearing Pennsylvania Registration No. 7, At all times material hereto, Defendant, Penny L. Fisher, was the owner and operator of a 1975 Pontiac Firebird bearing Pennsylvania Registration No, ZEJ 874, 8, At all times material hereto, Defendant, Lisa B, RObinson, was the owner and operator of a 1985 Honda CRX bearing pennsylvania Registration No, OS5442, 9, On May 13, 1993, at approximately 2:10 p.m" plaintiff, Babette D, Lehew, was travelling eastbound on state Route 581, at or near US Route 15, in Camp Hill Borough, Cumberland county, Pennsylvania, 10, At the place and time aforesaid, Defendant, Rosemarie McNair, had just exited the entrance ramp to and had just entered State Route 581, at or near US Route 15, Camp Hill Borough Cumberland county, Pennsylvania, when suddenly, and without warning, her vehicle struck tbe passenger side of the vehicle operated by Plaintiff, Babette D, Lehew, 11, As a result of the impact caused by the McNair vehicle, Plaintiff's vehicle stalled in the left lane of Route 581. 12, At the place and time aforesaid, Defendant, Lisa B, Robinson, was operating her vehicle eastbound on Route 581, when, suddenly and without warning, she caused her vehicle to strike the rear end of Plaintiff's vehicle, 13, At the place and time aforesaid, Defendant, Penny L, Fisher, was operating her vehicle eastbound on Route 581, when, suddenly and without warning, she caused her vehicle to strike the rear end of the vehicle operated by Lisa B. RObinson, initiating a chain-reaction collision into the rear end of the vehicle operated by Plaintiff, Babette 0, Lehew, 14, As a direct and proximate result of the negligence of the 2 Defendant Rosemarie McNair, solely and/or in conjunction with the other named Defendants, Penny L, Fisher and Lisa B, Robinson, Plaintiff, Babette D. Lehew, suffered serious bodily injury, as more fully set forth hereinafter. COUNT I Babette D, Lehew v, Rosemarie MoNair 15, plaintiff, Babette D, Lehew, incorporates herein by reference paragraphs 1 through 14 above as fully as if the same were set fnrth at length. 16, The occurrence of the aforesaid accident and the injuries therefrom, were caused directly and proximately by the negligence of Defendant, Rosemarie McNair, solely, and/or in conjunction with the other named Defendants, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for the vehicle in which the plaintiff was operating; (b) In failing to exercise reasonable care in the operation and control of her vehicle so as to avoid striking Plaintiff's vehicle; (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the vehicle in which Plaintiff was operating; (d) In failing to operate her vehicle at a speed in which he could stop within the assured clear distance, in violation of 75 Pa,C.S.A. S3361; (e) In failing to follow at a safe distance, in violation of 75 Pa,C.S.A, S3310; (f) In failing to maintain proper and adequate observation of the traffic conditions then and there existing. (g) In failing to yield the right-of-way to oncoming traffic as she merged into traffic from the access ramp. 15, As a result of the negligence of the Defendant, Rosemarie 3 McNair, Plaintiff, Babette D, Lehew, has sustained severe injuries, including but not limited to costovertebral dysfunction with muscular weakness over the dorsal spine area and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 16, As a result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D, Lehew, has suffered humiliation and embarrassment and will continue to suffer the same in the future, to her great detriment and loss, 17. As a result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D, Lehew, has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment and financial loss 18, As a further result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D. Lehew, has incurred lost wages and a loss of earning capacity, 19. As a result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D, Lehew, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss, 20. Plaintiff, Babette D. Lehew, believes and therefore avers that her injuries are permanent in nature. 21. As a result of the negligence of the Defendant, Rosemarie McNair, Plaintiff, Babette D, Lehew, has been compelled, in order to effect a cure for her injuries, to expend large sums of money for medicine and medical attention. WHEREFORE, Plaintiff, Babette D, Lehew, avers that the 4 Defendant, Rosemarie McNair is individually, and/or jointly and/or severally liable with other named Defendants, Penny L, Fisher and Lisa 8, Robinson, and demands judgment in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), which exceeds the jurisdictional requirement for compulsory arbitration and trial by jury. COUNT II BABETTB D, LEHEW va, PENNY L, FISHER 22, Plaintiff, Babette D. Lehew, incorporates by reference paragraphs 1 through 21 above as fully as if the same were here set forth at length. 23, The occurrence of the aforesaid collision and the injury resulting therefrom to Plaintiff, Babette D, Lehew, was caused directly and proximately by the negligence of Defendant, Penny L, Fisher, solely and/or in conjunction with the other named Defendants, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for the vehicle in which the Plaintiff was operating; (b) In failing to exercise reasonable care in the operation and control of her vehicle so as to avoid striking the vehicle being driven by Lisa B, Robinson thereby propelling that vehicle into the Plaintiff's vQhi~le. (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the Robinson vehicle thereby propelling that vehicle into the Plaintiff's vehicle. (d) In failing to operate her vehicle at a speed in which he could stop within the assured clear distance, in violation of 75 Pa,C.S.A, 53361; (e) In failing to follow at a safe distance, in violation of 75 Pa,C.S.A, 53310; (f) In failing to maintain proper and adequate observation of the traffic conditions then and there 5 existing, 24, As a result of the negligence of the Defendant, Penny L, Fisher, Plaintiff, Babette D. Lehew, has sustained severe injuries, inClUding, but not limited to, costovertebral dysfunction with muscular weakness over the dorsal spine area and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss, 25, As a result of the negligence of the Defendant, Penny L. Fisher, Plaintiff, Babette D, Lehew, has suffered humiliation and embarrassment and will continue to suffer the same in the future, to her great detriment and loss, 26, As a result of the negligence of the Defendant, Penny L, Fisher, Plaintiff, Babette D. Lehew, has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment and financial loss 27, As a further result of the negligence of the Defendant, Penny L, FiSher, Plaintiff, Babette D. Lehew, has incurred lost wages and a loss of earning capacity, 28, As a result of the negligence of the Defendant, Penny L, Fisher, Plaintiff, Babette D. Lehew, has undergone great physical pain, discomfort and mental anguiSh, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss, 29, Plaintiff, Babette D, Lehew, believes and therefore avers that her injuries are permanent in nature, 30, As a result of the negligence of the Defendant, Penny L, Fisher, Plaintiff, Babette D. Lehew, has been compelled, in order to effect a cure for her injuries, to expend large sums of money 6 for medicine and medical attention, WHEREFORE, Plaintiff, Babette D, Lehew, avers that the Defendant, Penny L, Fisher is individually, and/or jointly and/or severally liable with other named Defendants, Rosemarie Mcnair and Lisa B, Robinson, and demands judgment in an amount in excess of Twenty-Five Thousand Dollars ($25,000,00), which exceeds the jurisdictional requirement for compulsory arbitration and trial by jury. COUNT III BABETTB D, LBHBW VI. LISA B, ROBINSON 31, Plaintiff, Babette D, Lehew, incorporates by reference paragraphs 1 through 30 above as fully as if the same were here set forth at length, 32, The occurrence of the aforesaid collision and the injury reSUlting therefrom to Plaintiff, Babette D, Lehew, was caused directly and proximately by the negligence of Defendant, Lisa B, Robinson, solely and/or in conjunction with the other named Defendants, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for the vehicle in which the Plaintiff was operating; (b) In failing to exercise reasonable care in the operation and control of her vehicle so as to avoid striking Plaintiff's vehicle; (c) In failing to operate her vehicle at a speed that would allow her to stop before striking the vehicle in which Plaintiff was operating; (d) In failing to operate her vehicle at a speed in which he could stop within the assured clear distance, in violation of 75 Pa.C.S.A, 53361; (e) In failing to follow at a safe distance, in violation of 75 Pa,C,S,A. 53310; (f) In failing to maintain proper and adequate 7 observation of the traffic conditions then and there existing, 33. As a result of the negligence of the Defendant, Lisa B, Robinson, Plaintiff, Babette D, Lehew, has sustained severe injuries, inclUding, but not limited to, costovertebral dysfunction with muscular weakness over the dorsal spine area and as a result thereof, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss, 34, As a result of the negligence of the Defendant, Lisa B, Robinson, Plaintiff, Babette D, Lehew, has suffered humiliation and embarrassment and will continue to suffer the same in the future, to her great detriment and loss. 35, As a result of the negligence of the Defendant, Lisa B. RObinson, Plaintiff, Babette D, Lehew, has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment and financial loss 36. As a further result of the negligence of the Defendant, Lisa B, Robinson, Plaintiff, Babette D, Lehew, has incurred lost wages and a loss of earning capacity, 37, As a result of the negligence of the Defendant, Lisa B, RObinson, Plaintiff, Babette D, Lehew, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss, 38, Plaintiff, Babette D, Lehew, believes and therefore avers that her injuries are permanent in nature. 39. As a result of the negligence of the Defendant, Lisa B, Robinson, Plaintiff, Babette D, Lehew, has been compelled, in order 8 JUH l!J Z 23 r~ 19S )t ~ \\~ L . ' ,.010 . I ~f<Y '}I ('!' '.n i I tl:' r . ~.,.. 't n '. . .'" .'~ ~,Ii'; n JAI1 ',,\ LAW OHICIES HANDLER AND WIENER 310 MARIIlIET STRceT PO Bo-. 1177 HARRIS8URG. PA I 7 I 06 17 I 71 Z36'i!OOO JUN 21 IU liD 4H '95 I: I' ~' i i'IJI'1,: j)t:'i!\:1 ;!. riCE 'It'll'" !I,) ,'. " ,',' "II 'j .',\'1:. LAW O"I"ICE!I HANDLER AND WIENER 319 MARKET STAtU PO, OOlil I 177 HARRISBURG, PA 17 I 06 17171 238-2000 ((I JUH 9 2 58 PH '95 1,1,.1: -lHICl OF Tlli. il' liI011~r.lf,~' C.UH"Crt I.~O ';'.,;:il Y Pl N 't ~ Yt.,' t. 't I t. I.AW mHn~~ DOi'iAl.II R. IJORER 3907 IIAMllIlAU: 11M Slim: 7116 CAIII'III1.I..I'A 17011 1717l 731-0'1"8 "'AX: 17171731-11'187 lllll: 1-8IHI-622-2421 . , . "':"'~~1iLJ" \ " ..... .-. ,- .~. JUH 9 2 58 PH '95 I ~ ~ Ii fJfFtCr OfT/i',I.. 1."ON~.A'Y i'IJq' ~r .. I n r:'t " ,Udi (;('1 '1rt r't N /, :'"(~. ',' ,',1, ... !.AW IIn'ICES UONAI.II R. UIIRER 3lJt17 IIAMllIl.~U: 11M SI!III: 706 C^~II' 1I111..I'A 17011 (7171731-0988 t'AX: 17\7) 731-0987 11111: 1-8IHI-622-2421 1 I\C F ::i_i: ,,' l 1.I~HIIJnWL/\ I II! 1<- (lIJIlT y ,IF ' 1'1\1\1. \'_ 1 i ';:: ." ~ I : I HIE" "",I'I,'J" p," MUlti I I, 1,1 .1::<,\" II i .", t-.;! 1-j\'-, ~ I . , ! 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Fr:!1."{I. .,.. .". ;\;, LrlJ.r~ P,"l!lLTTF I v. < [tCt1~\_IE hll_"rtf!.\h~.v. '.T I\t .-li.!" Th.,:~!.tl.j::- _I_\!' II" .. ! : . t ~ t '.dl" 1:. 1 fl'l i' 11',' ',,' tJ t fl j"'_~ 1.-, r d 1 lI'l 1...1 1.1'W, ~. I;.';.:, t.h-it tl" '1'_Hk. ,j: lllll'fl' j: . h ,i n, , 1 r I '111 1 I',' r!.1 r t. h. OW 1 t h 1. r I n;.lI'I,;,rj dl}!"I!T1d;)f! t I W 1 t : h':'L1T II,' 'ii I.! ~,,\ i' but ....<.!w \HI~d)l.;, I;, llll,' It. II." 1 II ~ I I. J: l! 1 , 'W L \.: I', . 11..' '~hl,'I.:'! l,ll'(. deputl~~,:rf t.h.,~' :::'h'.'I l. t .j t r',\U!'H r n '~l_' 1 J n t }'. ;nn_:y 1 '.'dn i <J. t.i:-. ;:j'::'l'VI> t hl:- 'Wl.ttlln \oIld 1:, ''I; ,:,\,I[H!i1I,I'~ 011 }I'ij' '~,Ih, 1 ::.'')<.'' , L 1. .'t fit-'" \-1'1.' 111 I""-'('lp' ',J1' t.tp'.' ,_ltt-.ill:tJ",j rl.~t:UI-n ; t :-1[1l [l/dqJ1!!I ')III,I_y. f'l.'nn:_-;: i '/;.Jrll ;1. S h P. r 1 J J . ;-j 1- 1);5 t, ;'; : III "". [lo.:-l:l't 1 flq Ou t '11 ('I'lllt t ',' ~'31l1'f~hdl-']I' ' [l,\UI'H I fl ,:,1UIITY " . I, i l ~ , " /" . . ,~~ ../,':--..; -,_. - - .. .' 11' I I' i.t: I j' , t t ", l'~" 'n- '.t! l:"f il., till! r!i". .'>l !'i'i' :~Worrl ;lrJ'~ ..I_l!l ',,; : 1.,-. f ~ ' ,', I , ','. t hi'. j .,,- ,\ :c. " 1\1..,.-\ ] ,_q.) A, r, ~hJ~"i! (,~; 'h~(('-- . L'1"TJ 1 T' Crt' C -\ . . - 'd ~. ,......:._ "'u or ~mm""""''' "'....0:: "'r ':.J" '.-.:1:'\....... ,t .4 'wi _ ; &1 ""'1' ---..., '- ,..-...... -" ., .., I ..W......."I ""'- 'I', I Psrmsyl'lc:r:io Babette D. Lehew 'is. [,lsa B. Robinson :-ie. 95-2007 q:d.LImm__--.. :?..__. ;-jow, IIl1rll 24 , 11)95 :9_ !, S:~.::::' 0: C:"~G:::?..!.A.'fD CO:";l':'?, ?.-\,.. ca ==-..by c:pue::: ci:.:: Sh==E oi Dauphin CulCq :0 ~'"::-::-.lt:: ..:..;" ',V:::., :.::s ~u=:::Cn b:bi -.,.:- :1t == ~ =d ~.2 oi ?!3i::::i. '. ,,' ,; ,''; '. ....'#/.: " ,.. //_& . '. \ ,'/",'..0 If' ".....,-...,; .. - ,'j< .- .. . . ~e..--::! :t C:.:.::::er~d CJl1:rr, ::1. Affidavit or Semc:! ;-jow, ~9 -. o\:!ca ~[, 1:-.-= :.:: ':"ir:":" tJpaa 1~ by ~db; :0 ~ c::pr ct ::.~ ::-:~-~I - ... md _~r. . :0 ' . cawu ::.: .:::.t:::.:s :..~::::t. So =w=. 3l='.5 0/ Cou.nCT. :,,,,,, 5wor.1 :me r~bc-:bd been: ==:.!:!s_.::.;ooi 19_ COSTS S:c..1. '/1 c:z ~m..;:.AGZ .\::iDA'vIT oS __4.-___ s r_ 0---1 ~f ~\\\' \ t ~\ ,( " ~ t 1\',-, , , I ~ ~~ n t""''1:l:O tIl I ...' ...'It' 0 ~ T"" < III ::J III cr I !:j'OblC ...' ~ ::J It' f1\ '" I , ~ '~I~~ ..... '< 3 rt ... , tIl ~ rt I I ~ f . t""' '1 f1\ N , n . ...' 0 I rt :0 It' 0 0 >1 I ~. 0"1 . -.J II ~,:J~li C]' ...' 3: t""' ...'U) n - It' n ::J::rz ::r ...' III It' ~ f1\ < I 0'1..., :!; ...' I !:j It""' S. ::J '1 ..... I .. . I~ 0 f E I I:: . I .. I ::l r I I , . ~tVr ".() , ()~ 1 } 1111 (/;/ r' ol ' Y/)75'UI/51"',lI\ltll,,,(ljoJ )/,/(\1(' ( ( /j /;) .') (,11/', , J?+--~ X ,CZv7()vl! 1/ , l")}f,:, /c;V 'C;1^nUl'''~lC::' j v [ rbb/',[ ~ ,,' ( rv 1J '" )1 I {\I (,,\[{ ~~ ~1 ~ ',' l' ~: hi' -"1 t ,>{ . I' ,........ ~ -. ~ ~ LAW OHlen HANDLER AND WIENER 319 MARKET STAUT p,O, BO)l 1177 HAJUU.'UAG. PA. 17108 171711348031 .~ j~ I "0 IlrR ~ c) r.~ .' U '95 ,J ,lJ flU ) I cl {It ;J i; () Jl r. ,], .-------. .. #ll 4 J eJ" (It!- ,5'1'l~() ) /J, I' ( \ ( (of 1{'7 ,/ :/) NAME: ~alu~<<,.. /...r-7~ DATE OF BIRTH HEALTH QUESTIONNAIRE DATE:5h/h . . Please Indicate for each of the questions below your experience by use alone 01 lhe lollowlng codel: (Codel) MUICULO.IKlLITAL'VITIM COOl ca Low blck p,obllml ~Plln bllwlln Ihouldl'l Nick p,obllml Arm p,obllml Llg probl.ml L Bwoll.n lolnll -L Pllnlullolnll ..i 11111 lolnll 1- Ball mu.clll _ W..k mUlcl1l L W.'klng probl.ml LRuPIU'1I L B,ok.n bonll 1 . NEVER hed OINITO.URINARV IVITIM COOl L BI.ddll I,oubl. 1.. Exc...I.. u,ln. L BClnly u,lnlllon .1. Pllnlul u.ln.llon L Dlacololld u.ln. nMAL. COOl .!.. V.glnll dllchl/gl I _ V.gln'l bl..dlng 2- V.glnll plln L BIIIII p.ln .l.. Lumpl on blt..1 "'1M .... ,eu' 8tH, If ,"n en IN fltu,.. ,how" Mlow. 1] ( : Childhood dl......: CUi Compllclllona: P,lo, .u,g.ry: M.dlclllon p,...nlly I.klng' PllvloUI .ecld.nla: _ "- /4- I MalhI/living? ~V.. Fllhll living? ~.. In good h..llh? ~II In good hllllh? )(lll aAv.1 ONo ONo 2 . PREVIOUSLY had OAITRO'INTlITlNAL IVITIM COD! :] Poo, .pp.III' I e.c...lve hunger 1.. Dllllcull chlwlng L Ollllcull IWlllowlng .1. Exc...lv, Ihlltl L Nlu... 1- Vomlllng load 1. Vomlllng blood L Abdomln.l plln L Dllnhll 1- Con.llp.llon 1- BI.ck .1001 I- Bloody .1001 _ Hemorrhoids !-- Llvl/ I,oubl. .l.. alII bllddll p,obl.m. L Wllght t,oubl. NERVOUI SVITEM CODE f Numbn... - PI/II)'II. LDlulnl.. LF.lnllng ..:L HlldlChll ..l Mu.elllllklng -L Convulsion. 1.. Fo,g.IIuln.1I L Conlu.lon 3 D,pII,,'on ONo ONo 3 . PRESENTLY have CAROIO.Y AICULAR.II.I,.IIATORY COD! L Chili p.ln L Dlllleull b,..lhlng .1. PI/lI.I.nl cough ;1 Coughing phl.gm .L Coughing blood 1.. R.pld hllrtblll L Blood P"IIUII probl.ml 1- H..rt p,obl.ml L Lung p,obl.ml 1- Varleoll v.lnl EYE,UR, NOI. AND THROAT CODE .1 Ey. 1IIIIn 1.. EYllnll.mm.llon 1- Vlllon p,obl.ml 1- Ear p,'n L Ell nol... L H",'ng 10.. 1- EI' dllchl/g. L NOli plln L NOli bllldlng L NOli dllchl/g. 1. Dllllcull b'lIlhlng 'hru nOli L Ball guml L D.nlll p.obllml .) Ball mouth L HOlrlln... 1. Dllllcull.pt.ch ~u. ~.AA./ bill/I...) #f/I .\. '.' , /.-f"'.~ . ,~.~ .. :I. S-/3-'j.3~,,)PP~~, ReM- ~ ..Jdp 1AWM- ~ ~~~,~ ~ ~ ~ ;J' ~~ 1A-o-rtA- ~~. '-1'" W1JXJ c/'Jttd ~@ ~ q( ~~, ~ ~_ ~~. /r~~ /tZ. ft:I '6 ~ ./"-~. ~ JJtv(f ~ ;O{. ~~.~~elA~~.,f1-t. ~k<J.I~~'~~~w ~~. . ./ p-6. ~ ~ t?~w.-N'. ,-jd.~ ~~ 4~ ~",t)~ ~ ~. ~'r~ - -t<t" ~~.. ( ~.~~Jd ~~. ~~~ ~%~WJ~. 'r". '-. ~~ ,~ e;'NJ ~ ~,~~~P~'./iU~~ --A\-O ~/~ ~) ./)'\D.~ ~. f"~~~~'~' , f'vJO.A~ ~~~~~. , " ~.y;;;ku~ S;7/9::' - f)",vR r; ,'rrJ- Jb 7e I ., -- .,.., .,,'n DtUM48 e t/JtL'7..:J ,d 1" -pW/e y I' I l/' ~ 1\ , %.t.. ':Ii J.~ ~ NI2 ri) I~ cJ '(::; If}/h. tv 54. S' ~/ 1,1.-1.. /la 0e-':Jr! /' 'i I'rI It. I,t/ ;)~ydj; [1' ~ uJa."7 ~~ V tftj IP/''? ~f'- ("t( /' t ~ "'f; (jl4A k elf) ~ 'J4 /114 (0 '^-&1 r tv..';:' dt- /' /la /' /" / - y~ ibl ~ Co "f,j.'-'4?/)i1/" 9~t!Z1 ,(}/t 6/ pnu!O' , /flO~ (9 9'0/~ Ii {/I~ )tf/'- 5>/e?#f/ ~/1 t 'trl ~ rr - c)J/&' I' 7'- plt}/ c-tl /' fI, . '" y./IM..j'rg4f\;/ eal - till'. Cd /'II,/tltl '<: tlZli /)Jd,'&) wa 7 A'.;.,L~ 1ft <Oft p,'/'-!. v-/~ &tIC' /';1 ~ m. y btt:/! ,.;L. t~C: I rtk J!"" all;'! Zit/ 1M /t.Yl't1 1M/! /;ttl f# c;aY-- /sIl,;I/4J:.n 7tP1 (l'/c;, -;{ ,7 0 ~y ~ak~~ t~/!~ 5 . / 7-f'J A e.~ CM-\ - . C /U>#'- tJ.. ;1 /~~ J c ~ 1/ M /- t:( /.' . ">l k f- if;) ?" ,'l! IN' (p/l,;-IL/C sL rite? 10/ ~<;;/ ~A Pt/ >Z- ~ rJ}:7;t .-/r) (;4,~ If,'~c I'f /t 4- a'c,1 JZ,?'::: ~I t ~ec. 9L I - ~I /7 /' Ale; VIA "" 'Z",ea.~ ;1<. (17 I/'" L 71 ~ I fL cJ- @-A~ ~'cIt~j' /t/'C.- ry re'"o p ( tJ& /7?J cl r-/ ~ (V I l e 91/ 7- 0('7 IY" }1~1 iiJ ~~ l--1~1 SUSQb~HANNA ORTHOPEDIC f\clSOCIATES, bID,' ORmOPEDIC. TRAUMATIC. HAND /; SPINAL SU/I(]ERY' SPORTS MEDICINE /; DANCE ORTHOPEDICS Bernard I. Zellger, D.O. Robert R, Kenedi. D.O. Keith L. Zellger. D.O. 450 Powers Avenue. 5ulle 101 tt."lsburg. Penns~v.nl. 17109,5926 lol.phone (717) 558-8222 F.. (717) 561,2555 September 7, 1993 J -' 6;JU' .4"? q..-I~ Scott A. Stoner, D.C, TilE IIETRICK CENTER 500 North Union Street Middletown, PA 17057 RE: Dnbette D. Lehew Doar Dr. Stoner: I aaw Babette Lehew today in the office, 9/7/93. Babette is a 23-year- old, !aft hand dominant medical assistant who is currently working. She presents with pain in her upper back between the shoulder blades, actually with palpatory tenderness just lateral to the spinous processes, more so on the right than on the left, and some cracking when sho breathes. especially while lyillg flat. She was in a motor vehicle accident on 5/13/93. She was the driver of a car, restrained with aeat belt with both the lap nnd shoulder harness, snd was sideswiped first by a vehicle, then renr-ended by a vehicle, and her car came to reat rapidly when it atopped against a guard rail. She stayed in the seat, denies any loss of consciousness, and did not stike her head on the steering wheel, dashboard or the windshield during the accident. She was able to leave the car under her OWl\ power. She developed pain the next day and was seen by you. She has been treated since that time, now being treated one time a week with manipulation, but complains mostly of the pain with tho snapping nnd popping in her back. We feel some snapping /lnd cracking or the riba over tho back or the vertebral column, and feel that it is eHher snapping and popping of the ribs which may be subluxated at this point, or possibly Juat some sUght muscle spasm, although we cannot palpate any significant amount or muscle spasm or scsr tissue In the muscle at that point, and she has excellent gl1<1ing and motlon or the right scapula, ..../ , -, L ~~\I ~ "'~ a (.) c, n '~'-' I') I=.~ c.., n......~ ~,,!;) NolXJI'l,1 IIV~~ ~~.:!'1 N~''j~ L9'\\t"' .....~~~I\.l' ..s.r~ -e\ (VNO[J.~~~U'~ ~ ~Q ~E.> ,il~ fL~~ ~ ~~~ ~~~'~ ~L\.Q ~ "l~l-l~~ )l~11lG.1 ~ \5?~ ~ ~QI~ ~ I~~~~ ~t~~~ ~ S S:l~lIHSYIIS~~ ~~ Q~.~ I~~ ~Q ~~~~ ~~~~"lI;;:lI~lI >- ~ >-":::...~ / ~ "r:t:r-~ T~" ~~ '1- ~ 'i.. ~ S~~SS;~'d".iS~:J~ ~ ~~ ~~~~~ ~ ~~~ $~~'~ s: ~ ~~~~~~n~~v~ ~ ~ ~ ~ J: ~ ~~'~';? St ~ IQ ~ ~'~Q ~~~ h I ~ '/'I~lIllHV<U1 ~ ~ ~ ~ ~ ~ ~'~;:,: ~ ~ ~ '~$2. ~~ ~\~~ /.,1 r ~~'~~:J -~~1 ~.~ ~ ~ ~Q. .~~~~ ~.~ ~ ~ ~ ~ 5l~~ ~C:;I oS '~"...., ,~)\ Q f.:) 111' __ ~I ,~l' (, ~ '-~ b,<:' :..,......~ """2 . lXlI 03'11'\ .:::--:::: I;t" ...::-:~ , ~ ;. tl':':' ~ \.......... .~ ~t\.~ ::: l\i~ )' J'2fl~~\~IIV '';;[11 ~ ~ ~ ~ ~ ~':i:S~ ~ ~~ ~ ~ ~ ~ ~~ '; , JofJ.:>~riv ~~I i ~ ~ ~ ~'~\.:';~~ ~'N---~ ~~ 19~ ~ ~ 'a 9SI:JJ9)(9 .: Q,~ I 'V .:r ? ~ ;-- :fi.' t" \ -u'0 ~ .~ ~ .5. v ./ -,L - ~ ~ ~: i,_ f' =- '~ ~. t ~ g. b rf ~ (l~ ~ 1. ~ 'R\,~ 'lj: ~ ,~~\;.. " :-:.. ~.) ~ E \1'1 l'L ~ t "j , ~ ' - {t ~ .~ ~, '\) ffi 1~~1i j ~ J ~ \.sj" ;J:"/' ~ ~ ~ "- t"'\~I" ~ ;: cD "'fo ~ v \! ~Vk~' +- M J ~ '4' \~'\l; ~ \-0 - ffi ~ o :J:-:: 1010 1Il- wet ~tu l:::J: 101 I<IUJ <:I: 1<1.... +-' r:: OJ "";:: n; ll. \ r:: ~ \f 11 ~ ~t\~.J)rl ~ ~ 2 I ! ~ ~~, ~v.~ r:-. ~ ...:::;- \ ,'),. ~ oJ \ .-....1 '-...j ~',.\ qJ.J ..." U :-~; IJ - ~~ ~ -;; ~ c'\J~~~ ~ ~~ -"",,:,..J '" ~~ ~ NI Ino NI InO NI lno 1'1\ ..j ~ I'~ ..J~ c.J 0 ~"iiJ \") ~ .... ~ I\~ ~ .-< -- 'oJ .' ( ~v- NI 1n0 "j-":' ..;j , \.l ~ '-'J <.J ,.. .0 ~c1) NI InO W !nO NI 1/10 III 11l<l III InO OJ ro I i'J ill in (:~ ...::l :';,5 in \L1 =:i ~ 0 0 _ Cl _1: (.,,1 t..N tJ1 .r:.. ~ ~ - u,t - - \.W (..N tJ.J c..", --J ....-4 .: I I " I ': ') '.' : I ~ i I Oi .::::i a: :::; ffi ~~~~g]~ ;6 ~ in ..::; , .. .. . ~ \ I ~. '.... ;. -.. , , . .... . I r. ~~ u .., "' ('..). .. .... I' ,. .., "I _ _ UI .... ( . . r-J7r~SLRY JHS~BJLlT~ ,~,UESTlO~N}~RE Patient Nam~_/;Jctf::-J..1f..I1:::- DlIte !O-f-{~..;L D1rect1onsl This questionnaire has been designed to give the doctor information as to how your pain hils IIffected your ability to manage in every day life. please circle in each section only one statement which most closely applies to you. ;:\_"..9..!;,jsn .1.!. ' .e~jlJ.' .t1J.'!;'!!D.!..t!;~ ~ I can tolerate the pain J have without having to use pain ~ers. 2. The pain is bad but I manage without taldng pain Idllers. 3. Pain killers give complete relief from pain. 4. Pain killers g1v~.moderate relief from pain. 5, Pain killers give very 11ttls relief from pain. 5. Pain killers have no effect 0 the pain and I do not use them. 3. 4. 5. 6 . I can lock after mye~lf normally without causing extra pain. loan lock after myself normally but it oauses extra pain. It is painful to look after myself and I am slow and oareful. I need some help but manage most of my personal care. I need help every day in most aspects of self care. I do not get dressed. wash with difficulty, and stay in bed. f.tl.!:,!.9..D.al. Q,~.r.,!! H!.~.!,-tl.1D,9". .!?.r::!!!,!"jJ}.Q.", ,!;.!;.9......1 2!lo ';..19.0 ' l..t Q Seot1on ~ ~1ft1ng ~ I can lift heavy weights without extra pain. 2. loan 11ft heavy weights but it gives extra pain. . Pain prevents me from lifting heavy weights off the floor but I oan manage if they are conveniently positioned (e.g. on a table). 4. Pain prevents me from lifting heavy weights but loan manage light to medium weights if they are conveniently positioned. 5. loan lift only very light weights. 6. I oannot 11ft or carry anything at all. ~~jBn!L Walking @ 2. 3, 4 . 5. 6. Pain does not prevent me walking any distance. Pain prevents me walking more than 1 mile. Pain prevents me walking more than 1/2 mile. Pain prevents me walking more than 1/4 mile. loan only walk using a cane or orutches. I am in bed most of the time and have to crawl to the to1let. Section 5. Sitting G".~''''~-'':a~-s1t in any chair as long as I like. 2. I can only ~1t in my favorite chair as long as I like. 3. Pain prevsnts me sitting more than 1 hour. 4. Pain prevents me from sitting more than 1/2 hour. 5, Pain prevents me from sitting more than 10 minutes, 6. Pain prevents me from sitting at all. '( '.{ f9 . ~~t1on .!i..!. (2) 2, 3 . 4 . 6 . 6. OSWESTRY DISABILIT~ ,QUESTIONNAIRE Stan.q.!rul I can 'stand as long as I want without extra pain. I can .tand as long as I want but it gives me extra pain. Pain prevents me frcm standing for more than 1 hour. Pain prevents me frcm standing for more than 30 minutes. Pain prevents me from standing for more than 10 minutes, Pain prevent~ me from standing at all. ~ect1on ~ Sleep1na ~ ,Pain does~~ prevent me from sleeping well. ~ I can sleep well only by using tablets. 3. ' Even when I take ,tablets, I have less than six hours sleep. 4. Even when 1 take~tablets, I have less than four hours .leep. 6. Even when 1 take tablets. I have less than two hours sleep. 6. Pain prevents me from sleeping at all. ~...!!l_~_1sm' h Sex !,oj!.!! ~ My .ex life 111 normal and causes no extra pain. 2. My sex life is normal but causes some extra pain. 3. My sox life 18 nearly normal but is very painful. 4. My sex life ill severelY restr10ted by pain. 6. My 118X life is nearlY absent because of pain. 6. Pain prevents any sex life at all. Seat ion .l!..!. Q) 2. 3. soc.J.Ll L :I!.!! 4. My social l'1fe is normal and gives me no I)xtra pain, My social life is normal but increases my degree of pain. Pain has no sign1fioant effect on my social life apart form limiting my more energetic interests (e.g. danoing etc.) Pain restricted my social life and I do not go out as often. Pain has restricted my social life to my home. I have no social life because of pain. 6 , 6. ~~~~ ~ Iravel1ng Q I can travel anywhere without extra pain. I can trevel anywhere but it gives me extra pain. Pain is bed but 1 manege Journeys over 2 hours. 4. Pain restricts me to Journeys of less than one hour. 6. Pain rlJstr1cts me to short neoessary Journeys under 30 minute.. 6. Pain prevents me from traveling except to the dootor or hospital. S1g~;tu~;-~f-P;t1;~t-- !Yj l?j -~- Date I ~, . -;<. le: ot~~~ ,.<-J~ ilaIN~: I 'I .. f: S -J/'-f?~ Dale: .s -';;8 -93 5: .Li ~T1 ,UtUI (1- t1tL~ ~- IIofJ-'IO PMfh5 0: C PMfJ.f5 T PMUFS T PM f J. fS L _ PMUFS L PMfJ.F5 S PMfJ.FS S PMt.1 } SI PMfJ.F5 SI PMf .'5 ExL PMfJ.FS Ex.. PMfJ.F5 : AN INT 81 UP UC CP 0: T: luxation/Correction Subluxallorv'Correcllon C!3 ) lib [l{I/ .I_,-)/:" Crr;;rY , I DII: V'I?: , ! . I 10 15 10 15 ]0 40 45 60 5 10 15 10 40 45 60 days weeks PRN Plan: ;;(LAui~, -i:' .,~ ,... 1\\ ).\1, ' \., , , .;' )', \.,', .1' .~ ~;2 ~1 '3 Date: tf,. 7'" 9.J " . . ...,( f (l- S: (-of ~ ~,~~~ , ~ J , . s~~" (/1 t1" . " , , \ BorI---11O I I. . \ C PMf~F5 0: ; n~ C' PMtJ.FS T PMfH5 \ T PMtJ.FS L PMfHS l PMtJ.FS r 5 fM'UF5 S PMtJ.r~ 51 PMtH5 51 PMt (.5 En PMtHS bL PMtJ.FS Mod: A/U Mod: A/U HV INT 81 HV INT 81 VMS UP UC VMS UP UC HP CP 0: H' CP Ot, , 8 A T: BAT: SublulCatlon/Correctlon subluxatlOlV'Correctlon I ( 5 10 15 20 25 30 35 40 45 60 5 10 15 20' 25 30 )5 40 45 60 Retum days weeks PRN Retum days weeks PRN plan: Plan: N3me: ;I~, ~~j special N~tIon: Dale: ~~I j- 9 :J I~ L)Jh , c/1\( ~btlt r11OfI, I~ Dale: s: PMt.1fS 01 T PMtJ.FS ' I. . ' , L PMtlFS I' l ' 5 PMtlFS ' , " 51 PMt.lFS ' , Ext. PMt.a.FS ~((;li) HP CP, 0: , . BAT: SublullatlorVCorrecllon Ll k/ ( \ f N{rf /J . ' 1?- ) I" ( ';1I;t C t7- ,1) 011: r c{? 5 10 15 10 15 30 35 ..0 ..5 60 Retum C days weeks PRN Ian: V T 81 VMS u~ H' Cpo , .. . .,\ B A 1: ; , , \ 'if C PM't.a.fS T PM't.a.fS L PM'tJ.FS 5 PMtlrs SI PMt<: Ex.. PMtJ.FS SublullatlooCorrectlon b C ~ j)L II//! C/cLC ~I I -r- ') Il-:de!.._-_ ( V'"' ......--- -- .- ~". ......... ,., 011: C6l(7. 7 5rr 0 -"'- ' 5 10 15-'20-25:'-30 --lS "-40-45 60 days weeks PRN Plan: ~me: I..E/-IEt.J 0 i i iec'a' Notation: ~te: I -/I~'lJ , ~('/ t.J7 ttf III V~j'fr" -II 'I" III./r'l1" ~p lrg ..-11 0 SubluKation/Correctlon /JI1Al:T7E c PMt.l.FS 0: T PMt.l.FS l PMt.l.FS S PMt.l.FS SI PM U F S Ext P M t .l. F S Date: 7'/'/93 f~If(L:J l'A ro. ~J V- y~ /' {(1M It '- /' ~{jj ?t/ ))r( /; kf/tl~ Borg ..-110 -L S: Mod: NU HV INT BI VMS UP UC HP CP 0: B A. T: SubluKatlorv'Correctlon ~ (It;L I C1-\.() (y- l ....rl 7c; vvL DK: ~ 5 10 15 20 25 30 35 40 45 60 5 10 15 20 25 30 35 40 45 60 Return days weeks PRN Return days ~ weeks PRN Plan: plan: e: Y~UI. J] M-.-l1L- I i Ilal Notation: I: 7~;). /-9 ~ / ~VI' t,-l ~ Date: ~ ~S-7;j . \ C PMt.l.FS 0: C PM1'J.FS T PM't.l.FS T PM1'.l.FS \ L PM't.l.FS L PM1'.l.FS S PMi.l.FS S PM1'lrS '''' SI PM1'.l.FS SI PM1' I , , Ex!. PM't.l.FS Ex!. PM1'.l.FS s, . ~) ~I){''' I, ~...:e- c f'O-'Cfi-1J Borg--110 /h c!6r'V- . H BI MS uP~dJC') HPCP~ B ^ T: I / ~'~ { 1@3 subluxatlorVCorrectlon Dx: 5 10 15 20 25 30 35 40 45 60 5 10 15 20 25 30 35 40 45 60 Return days weeks PRN Return plan: " . L CHARGES/PAYMENTS I T E M I ZED S T /\ T B M B ~ ~ DI\'I'E: 06/25/93 lRSH: 25-16~U209 'rIENT: BABETTE D. LEHEW 102275 7 SOUTH UNION STREET DDLETOWN PA 17057 '175-66-2526 POL'A1357457604 TE/INJ: 05/13/93 GRP' LI BERTY MU'l'UAL 5021 LOUISE DRIVE MECHANICSDURG PA 17055 AGNOSIS: 7.0 SPRAIN/STRAIN OF NECK 7.1 SPRAIN/STRAIN THORACIC REGION 84.0 HEADACHES BMPI,OVER: 1I11EMPI,OYED IIB'l'lllCK CIIIHOPHI\C'I'IC I\SSOCIA'rES 500 NOH'I'II UNION S'I'REE'i' MIDDLE'i'OWN P/\ 17057 111/9~4-5515 Fnx:717/944-0932 ATE OF LAST BILL: 06/15/93 PR' ST544042 IDH 627811 ....-..--..--.....-.....-..--.-----=====--==--==-==---.--====-----.---........ ATE CPT DESCRIp'rION . pOS 'l'OS , /\MOUNT ...............-.........==-_._-=-=-=-==-====-=-==-----=-=-===------=......... 5/17/93 99204 NEW PT EXTENDED OFFICE V lSI'I' 03 01 1 125.00 5/17/93 72050 XRAY CERVICAL/4 VIEWS 03 01 1 150.00 5/17/93 72070 XRAY THORACIC 03 01 1 80.00 5/17/93 97118 ELECTRIC STIMULATION 03 01 1 30.00 5/17/93 97128 ULTRASOUND 03 01 1 30.00 5/21/93 99213 ESTABLISHED PT LIMI'l'ED OFFICE VISl'l' 03 01 1 45.00 5/21/93 97118 ELECTRIC STIMULATION 03 01 1 30.00 5/21/93 97128 ULTRASOUND 03 01 1 30.00 5/28/93 99213 ESTABLISHED PT LIMI'l'ED OFFICE VISl'I' 03 01 1 45.00 5/28/93 97118 ELECTRIC STIMULATION 03 01 1 30.00 5/28/93 97128 ULTRASOUND 03 01 1 30.00 6/11/93 99213 ESTABLISHED PT LIMITED OFFICE VIS!'!' 03 01 1 45.00 6/11/93 97118 ELECTRIC STIMULATION 03 01 1 30.00 6/11/93 97128 ULTRASOUND 03 01 1 30.00 6/14/93 99213 ESTABLISHED P'l' LIMI'!'ED OFFICE VISI'l' 03 01 1 45.00 6/14/93 97118 ELECTRIC S'l'IMULA'I'ION 03 01 1 30.00 6/14/93 97128 ULTRASOUND 03 01 1 30.00 6/18/93 99213 ESTABLISHED PT LIMI'l'ED OFFICE VISl'I' 03 01 1 45.00 6/18/93 97118 ELECTRIC STIMULATION 03 01 1 30.00 06/18/93 97128 ULTRASOUND 03 01 1 30.00 06/23/93 99213 ESTABLISHED P'l' LIMI'l'ED OFFICE VISI'I' 03 01 1 45.00 06/23/93 97118 ELECTRIC STIMULATION 03 01 1 30.00 06/23/93 97128 ULTRASOUND 03 01 1 30.00 aa==a==~======a====~==========c===============================================- ATTENDING DR: SCOTT A STONER D.C. TOTI\L: $ 1,045.00 DI\LANCE 06/25/93: $ 1,045.00 PA/IN=Pat./lnS. paymnt; CR/DE=credlt/Deblt: II\=Ins. adj; .=Ins. Pd I I I I 'I I'" I.': II. I h\;'" ,". II 1,111" ~LL c~'.8/"1WBNT. III', " 1 Y . M I ~ . 0 n? ~ T ~ " . " T PATJBIfl'I DIIBIlTTB O. I.EIlIl1l I02:l7/i 1i!!7 f101ma UHIOIf STRlIlI"r ""III'.lM'OWM PA 11051 88f175-l\l\-25U l'(1J.11I1J!l74!H""4 IN\TIl/IHJ: 05/13/93 Gnp, 101 DBIlTV "'""ilL !'IO::l1 ',0"'011 IlRIVR "p.cn""lClIDURG I'll 1'/055 DI"1;1I0019 ; "47.0 APR~l"/ATAAIN 0' HHCK DI'IUII"/8T1U\1" 'n101lI\CIC RllInn" IlllllDlu:nES "YOF ID11DB1TIB IlYClrllCTTTfl UII1'I':' 1I1/I.I/U~ '1m': A" 11;411""" r."I'''IY~1l1 IIIII'HI""Yt'U IIlHIlI ell ':11 1I111I"t/lel" c: 1If1f1l":' IITr.R '100 "on'l1I III' ."" /11'11111\"1' IIl1lllJ.f!'FIIMII 1'/\ 1./0',)./ 111/9" ~~I~ tftK'111IQ~4-"qJ' "liTE or LAST BILL! 11/'1l/ql ""I ________ __..._ .-..51..... 0"1'11 CPr DII.ClJllPTtOIl AT54404' JOI ",lnll . 1'0" '1'08 . __ _..._._.._ .... ...ttW1'J"y:o-~-o:-:"h_ - '..--- -.,.- ....._..--~ AIIOU.... __---.-,..--- ==='C__...enslS==:::=~"=:=== ____IIW"I....--=-- 01l/"!l/93 999 01102/93 99213 0110'1./93 9'/11' 01/02/'3 ,"12. 07/14193 99213 0'1/14/93 97111 \,.,n4/93 91121 07/211/93 n2U 07/'1.1/93 9111. O'1/'1.B/93 "I UI oU/ll/n '9213 OIl/U/93 97111 08/13/93 nUl (114/'1.7/93 99:.1U 08/'A'1/93 9'111. 011/27/9:1 971211 0'/03/'3 99na 09/10/93 99212 10/Ul/93 ,un 10/2'1./93 91124 10/aa/fJ3 99au 10/U/t) 91010 10/ZZ/9) 97014 10/22/93 9112. 10/25/113 99212 10/:.lli/9J 91U. 10/211/93 9lue 10/25/93 97014 COP lEU, 1:lIS'" "RIl PAon BS'fABLIBlfP:n PI' "'M'TF:II OFFICII VW.11' IlL!CTIIIC 871.1tII'.I\11011 UUrJlA80UIID 1l8TADLI811BD l"f J.IMITEO OI'FlI'l! V 11111' aLEC'I'RIC S'U"ULIIT,OIf UIJrIWlOUIID IlSTABLISHBU PT 1.1MITEIl OI'flCIl VWIT IlLBC'nuc RT'MlIIJlT'OH ULTIU\IlOUIIO BSTABLIlJlIP.1l 1'1' ',IMll'W lJITII'P; VI/11T RLEC"l'RIC ST1",JLIITIOll U1J1'Rl\BOUIID Il8T,",LISHIlU I"l' I,IMI'I'F:II Ilyrll:" VJnJT IlLBC'l'IUC STJItII1.l\TIOH ULTIWlOUIIU U'fAIILISllEU PI BIIIBf UfFlCI< VIIlI'I' UTABLISIIBU I'T IIIIIBr o,.ner. VIAll' ESTADLISIIIlD PT DllU' 0'''17'' V'R'T IWlSAGB IlITADLIIHr.D PT DRIB' OfF}.(" VHI1T HYDROCO....oATOR/CRYOl.IIIlRAPV E"C'i'RICAL S'l'ltIULIIT lUll (1IIIA'l'TRIfIlr.1I1 UlJI'Rl\BOUIID U'fADLtSIIED VI' IIRIR' o,,,rl:lI VlSlT fW;/lllGR UIJrlWlOUlll> Ilt~C'l'RlCAI. STI"ULII'rJI.lII (1I1l~Tl'Rlfllllll) COIITIHIIIlD 03 01 . III 01 . III 01 . 113 01 ..n 01 . 113 'I' . III III · 03 . '13 III . IIJ III . 01 III · O.J III · OJ III . III 01 . 0.1 01 . 0:1 "' . "' 01 . 113 01 . III III . II'J '1I . OJ 01 . OJ 01 . 01 III . 1l:J "' . III 01 . OJ 01 . II) 01 . 1\1 01 ...C~wwweR______====__ _======:u:u"=~~ec=======~====~~~e== PlIge 1 Slllrl~TI'I\), : 1 1 1 I 1 J I 1 I 1 1 1 I ! 1 1 1 1 I ) , 1 I I 1 I I 1 5.35 45.00 30.flO 10.00 45.00 .10.00 10.UII 4li.1I0 JO.OII 111.1111 45.00 :111.00 lO.OC! 45.00 lO.OO lO.1I0 )0.00 311.00 )(l.00 40.00 :tfl.flO aO.J)J) 10.00 lO.OO lll.OO 411.00 30.00 .11I.00 ---- 'I00.1I!i / \.. I.~ ;! I \... I,'.' ll~ .1 h\'A II} 1..1111': I" 1111, "..I, I 111,1. ':""ftOIl8/'Anonn8 J ~ " " , . ~ n ~ ~ aT" " P ~ T "^,,... '."/' 'i~' 11Inf: "" ,,"11;"'" , , ..",' I p.H'rl 11l\IlItTl'ft D. IJ::lIKW "" '''1'1 fI'i7 OO\lTII UNION BTIUllI'r HIIIDI,I':TOMN Pl\ nun 00'1'15-66-:15:16 1'01,'111 ~!'j'/"'H611" IIl\TIl/U'" : O!l/Il/'U HIli" ,.,): LlOllnTY tfU'l"JI\L '10'- I ",'UI61l 1'"1 vn "IlClIIINTCRIlIIRtJ PI\ 1'I0~!l "'11111/11919: IIn," nrlll' "'I"-,'f1A I" or I/""K 9'\ 7. I ""11/\' tl/UTlUIl" 'l'1I0RII': I e 1rr.<:JClII 7R 4.0 1l'F."OI\CIIIlIJ 7~'" I "VlJfUIRlJ91'l'lB HYOPIIl'11 J II OIlTIl Of' LMl' DILL: It/HI/!lJ I'M 5T,..n.." IlII '1771HI .___ __e:-~=~~~~~~~~~~-~~.~~".~-------~----~-'~~~~"-'- FJ11'IIIYI'II, lIHrHrlllV"" m:1'1I1C:1I CIIU\UI'IlM:I'IC MH:IlI:ITI'I'F.O !1lI11 111111"11 ","11lI f;'l'IlFoI:1' II IIHlI,F.T""" I'^ 1I')~i 1 "ll"'~' ~~,... r"~:~ll/q11 .n"~7 011110"1."'0" . roll '1'011 . 1UlO'1Ift' DIlT. Cln ___________.--------==---===:====~....e~~~~~;.~;.~~~;.~-~B~==~=:-..~- -------- 10/:15/9] 97010 U/0]/9' 9')212 11/0l/9) 97010 1I/Ol/93 97014 11/111/93 971 at U/08/93 99212 11/08/93 9nn 11/08/93 9'1014 11/0tl/93 9701U ll'I/16/U PA Otlp';91 In 011/24(9) JA 08/24/9] 1" 08/a4/U It. Oll/,,4/9:\ 1" Oll/24/93 J" Oll/H/9,' I" ""/34/93 1" Oll/H/9J 1" 08/21/U lA 1U/19/9] III 111/' 9/n It. 10/19/9J 1" 10/19/U 111 11/0!!/93 1ft 1I/05/U lA 11/05/U 1M t:"::=~~ ra.,,, ;l 1111 DItO(..'OLLA1'OR/ CnYOTIIP.RI\ PY . 0,1 III I IBTADLlSII~D M' IlRllr.'P' OffiCE VH:n . U:' "' I HrURO~'OLLATOR/CRYOTHF.PAPY . ()J 01 1 IlLllCl'RlCAI. f1TtMlll^"IIl" (Unl\'l'l'F.IlIJEIII . 0;1 01 1 UI.TRASOU"D · 0,1 01 1 aSTIUILlStlEO rr RnTp." O..l'tI~P; VII/IT . 0) '" , ULTlUUIOUtln . 01 III 1 IlLECTRICAL 9Tr",'IJ\'I'lU" (UIIII'I"l'EIWP.UI . 0) 01 I IIY DP.ocoLt./\'lY.J1V CRY 0'111 E III\I'Y . 11.1 01 1 I'AntF.MT (.'Upy II'VIfI'/II'I'l'Y I'AYIIENT-JII19 l\unlO"61!l/!i \.,u J\WUSTltPJlT FORGIVE PAVM!NT-J"U Aoaal0764fi/fil-44 A~7UST",-"T fURGIVE PAY"lft'[-I1lS noa;nO'1li4 fi/!i 1-44 AUJUSTKBNT FOnGJVR PlllKB"T-l"S IIO"2107fi4~/!l1~.1 ADJUSTNP.NT ~ln~lVB PAY"E"T-INS IIU221076"5/~1-1i AOO1ISTItP.RT PlJRl.Il VI': 'AY"ENT-IN8 ~~Z4~944/til-4. AWUSTNIlRT Pllum VB PIIY"r.ftT-JNR ~J~4~~44/51-4. A~TlIBTNP."T PllntJl VI': PIIYMEH'I'-ltlll aa24JJI6/'H-U AWUSTItF.JI'r .'OnUl VB p1\'lMllM'I'-l"f.l "~H 'IJ'/{>/!> 1-44 COIITI"""IJ II PiA;H/ fl1!iA:?lI '115621 '" !i8H 111~\I~~i H!flO!I!> 'lltlJ!il\ '1I6,1!11! 'lIt1'J!;',' ,11('1,>1/ ,117:1,1.l '111 )),1 , Un!!4 ,IHI',. 111',ID7 '11'16")2 t I Ufo t4 2U.on lO.OIl :lU.OO 3U.00 30.00 10.00 30.00 30.00 ao.no -5,25 ""17.112 ..:rU.11I -94.116 -7U .14 -121.96 -82.04 ..63.98 -4l.va .-1i'J .911 ~41. U2 -61.911 -41.02 -63.911 .41,02 -47,211 -12,"4 -U".'Ifi .m~.~~--~----==~=~====-- __~===:=~~~=====~===:___=s~~...... 111 "',"IT^ I.: :1111.96 CIllRCJIS/PAYIIBIrrS ITBMIlIIlID B TAT II M II N T I>I\'l'E: 01/11/94 IRSt: 23-2500099 EMI'I.oY Foil: UlmMpLOYED lENT: BABETTE D. LEHEW 100803 SOUTn UNION STREET DLETOWN N PA 17057 175-66-2526 POL,A1351457604 E/INJ: 05/13/93 GRP' LIBERTY MUTUAL P.O. BOX 2007 MECHI\NICSBURG PI\ 17055 GNOSIS: .1 MYOFIBROSI'rIS MYOFACI'l'lS 'rilE IIE'l'RICK CEll'l'ER 500 NOR'l'lI UlllON S'l'HEE'1' MlDDLE'l'OWN, Ph 17057 717/944-2225 Fax:717/944-0932 TE OF LAST BILL: 10/28/93 PR' ST544042 lot 641185 ============================================================================= TB CPT DBBCRIPTION. pOB TOB' AMOUNT =======::=-=-================================================================ /20/93 97530 /20/93 97531 /27/93 97530 /27/93 97531 /29/93 97530 /29/93 97531 /01/93 97530 /01/93 97531 /06/93 97530 /06/93 97531 /08/93 97530 0/08/93 97531 0/11/93 97530 0/11/93 97531 0/13/93 97530 0/18/93 99213 1/09/93 IN 1/09/93 IA 1/09/93 IN 1/09/93 IA 1/11/93 IN 1/11/93 IA 1/11/93 IN 1/11/93 IA 12/13/93 IN 12/13/93 1/\ RINETIC EXERCISES INITIhL 30 MINUTES * 03 RINETIC EXERCISES ADD'L 15 MINUTES * 03 RINETIC EXERCISES INITII\L 30 MINUTES * 03 RINETIC EXERCISES ADD'L 15 MINUTES * 03 RINETIC EXERCISES INITIhL 30 MINUTES * 03 KINETIC EXERCISES ADD'L 15 MINUTES * 03 RINETIC EXERCISES INITII\L 30 MINu'rES * 03 KINETIC EXERCISES ADD'L 15 MINUTES · 03 KINETIC EXERCISES INITIAL 30 MINUTES * 03 KINETIC EXERCISES ADD'L 15 MINUTES · 03 KINETIC EXERCISES INITIAL 30 MINUTES * 03 KINETIC EXERCISES ADD'L 15 MINUTES · 03 KINETIC EXERCISES INITIAL 30 MINUTES * 03 KINETIC EXERCISES ADD'L 15 MINUTES * 03 KINETIC EXERCISES INITIAL 30 MINUTES · 03 ESTABLISHED PT LIHI'l'EO OFFICE VISI'l' · 03 PAYMENT-INS 22243520/51-44 ADJUSTMENT FORGIVE PAYMENT-INS 22243520/51-44 ADJUSTMENT FORGIVE PAYMENT-INS 22243558/51-44 ADJUSTMENT FORGIVE PAYMENT-INS 22243550/51-44 ADJUSTMENT FORGIVE PAYMENT-INS 10/18 22244144 ADJUSTMENT FORGIVE H06017 H068l? 1106018 1106818 1106950 1106950 B06951 B06951 1107046 H Ill'/04 6 01 01 01 01 01 01 01 01 01 01 01 01 01 1 2 1 1 1 2 1 2 1 1 1 1 1 1 1 1 50.00 50.00 50.00 25.00 50.00 50.00 50.00 50.00 50.00 25.00 50.00 25.00 50.00 25.00 50.00 45.00 -132.12 -142.88 -48.03 -51.97 -72.12 -77.88 -60.15 -64.85 -33.10 -11.90 =============================================================================== hTTENDING DR: SCOTT A STONER D.C. TOTAL: $ DI\LAJlCE 01/11/94: $ PA/CC/lN,Clh/CC/lnl, po)1lflt: CRIDE'Cr.dIIlD.blt: IA"'" .d): .."" rd ./ ,..... SUSQUEHl\liNA ?:OTpHOPEDIC ASSOC.. ,rES LTD owers Avenue ' HarrIsburg, Pa 17109 HISTORY AND PHYSICAL 9/7/f.3 NAME_,4~dt&_J!1 ~~ AGE .z.. ~ ~~ . H . j7~ -:-v -'-W"',J ,#..,l~...J ~",,w ftA- ' ~ .--. ~ /~~,A; 6Y ~,.;Iv . (!4 ~U{f ",r-k,v ~Ir.v /I</).L-~~' /~# (-jc-P ,I CHIEF COMPU,INT: ""lORY OF ,,"'ESS,",URY' - ' .-..I _ w-+V .4'"'' ~ A ~ -:. ~" ;1'3 ,J/"," ,,J 7 '" """' ;;; ~,j.d- , ~ l.p:d . ,,-- 7 - P ,/U-'N ~_"..PR.. ..,J ,d II! 1'- ,.." T~TMENT RE~::~ ' ~ "'-'.L~~1V,-::.T..MEDIC^TIO"SI - . . lj,.fto. 7~ J ~ d~ - "dP".j, .JP;"" .4 ~.I{diu.4 I'~ ~ "..,.:"+ ,,"' "c/4--, ,p." 7,.-<>0 <>- ,,;..A-, Y (l of- "I'r - "K I-V?l ' a-.r ,,<-. PAST MEDICAL HISTORY: ~~~~~ 1-1- Y'H-K. ,,(/lLl-i5 J:uu.K * ';.,k , ..5'Jr!"""~ &J /7 '. ALLERGIES: ~~ L.J PRESENT MEDICATIONS: '$-.. OCCUPATION ~/- CZ1.,,;d DATE LAST WORKED WORK STATUS --.JtJ~~.;(/ (/ INIl1ALS y?tJ II \'1 'I Inl 10 " WIl ~IJiM lFI[W ,Ulll\EJI[ II 11I11'ill, 111'1 1'1l1 : 111111'1111 . ., . ,\'1' . ~\~, , ~,\ V t E IN'I RP 5 IIR rnoc IIEst INS II U'~ I IIVII II I "lllnlll.1 llmlll Ell [In 11 ~UII/I rfll fU r I'I~ 111M I ".-' -... ,...'~....-. -.......~---_...-.. "".-.....,, . -.. . 1J I 1\ I J ~1;:\lZ l'[vEL ;: t~, ~PU IV .\ \P,~~ U I 1\ I CIIIt tlM4 CIECK 2,2~J5I1 I J -JI,~O 13 11\ I [M r,l)'/t WIO I I ?,~~ ,VP U I 1\ I lUUrV IIJ1\Hll I'D I lJ Z 1'\ I J 1121, LCVEl Z EP PPII tvJ ,\'i,(1\' 1.l ? 1\ I Will UJ1I1 C1Ull r:WJ616 , 3 iJ.63 .. 1J 2 1\ I tUl<<! ClItI Will ;: 3 .11,31 ,11\1 '3 2 1\ I 1I1lERIV 1Il1\Hll rD 2 _____._........m._.. 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