The URL can be used to link to this page

Home My WebLink About00-01452 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - /J.j~:J... Ctu~l '-r~ CATHARINE ESTEP, Plaintiff WAL-MART STORES, INC. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notiGe for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ,,~ ,,~ , ". ! t" r:" NOTlCIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, usted tlene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 allvio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME paR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, TUCKER ARENSBERG & SWARTZ BY: ~~~ Susan M. Seighman 1.0. No. 70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF ""~""'!I'il ., :-'1' ~ . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-0 _ /'-15":2- ~ Ju- CATHARINE ESTEP, Plaintiff WAL-MART STORES, INC. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT PARTIES AND NOW comes Plaintiff, Catharine Estep, by and through her attorneys, TUCKER ARENSBERG & SWARTZ and Susan M. Seighman, Esquire, and hereby avers the following: 1. Plaintiff, Catharine Estep, is an adult individual currently residing at 3529 March Drive, Camp Hill, Cumberland County, Pennsylvania 17011. (hereinafter referred to as "Plaintiff"). 2. Defendant, Wal-Mart Stores, Inc. is a corporation duly organized, incorporated and existing under the laws of the State of Delaware and its registered agent is Corporation Service Company, 1013 Center Road, Wilmington, Delaware 19805. 3. Defendant, Wal-Mart Stores, Inc. operates a retail store at 6520 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. FACTS 4. The facts and occurrences as hereinafter stated took place on April 24, 1999, at the Wal-Mart store located at 6520 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. - -~, .' ~ , ~-- . ,~ IT 5. On April 24, 1999, Plaintiff entered Wal-Mart as a business invitee. 6. After Plaintiff exited the greenhouse area of the store, she began to proceed through the aisles located in the garden area. As she proceeded through an aisle, she tripped over a pallet that was protruding into the aisle and which caused her to fall. 7. The pallet that was struck by the Plaintiff was located within a group of pallets that were stacked with bags of gardening material. 8. As a result of the fall, Plaintiff injured her right upper arm and right shoulder and left knee. DAMAGES 9. As a direct and proximate result of falling on April 24, 1999, Plaintiff suffered severe injuries that resulted in substantial medical care and treatment, which injuries and treatment include but are not limited to, the following: a. Fracture of the right humerus; b. Left knee contusions; and c. Extensive physical therapy with respect to the fracture; 10. As a direct and proximate result of the injuries resulting from her fall on April 24, 1999, Plaintiff has incurred medical expenses and other out-of pocket expenses to date in excess of $5,000 and will continue to incur such expenses for treatment, therapy and other related items in the future. 11. As a direct and proximate result of the injuries at issue in this case, Plaintiff has endured pain, suffering, emotional distress, mental anguish and embarrassment and the loss 2 "'~~., _ o_~ ~~ ~- of life's pleasures, and will continue to endure pain, suffering, emotional distress, mental anguish, embarrassment and the loss of life's pleasures into the future. 12. As a direct and proximate result of the injuries at issue in this case, Plaintiff has and will continue to be limited in her normal daily activities. 13. As a direct and proximate result of the injuries at issue in this case, Plaintiff has and will continue to suffer impairment to her general health, strength and vitality. 14. As a direct and proximate result of the injuries at issue in this case, Plaintiff has and will be obligated to receive and undergo medical attention and care, and she will incur various expenses for medical treatment and will be obligated to continue to expend such sums for an indefinite time in the future. 15. As a direct and proximate result of the injuries at issue in this case, Plaintiff has and hereinafter may incur other expenses or losses for which she claims to the extent permitted by applicable law. LIABILITY 16. The injuries at issue in this case and the damages suffered by Plaintiff as set forth herein, are the direct and proximate result of Defendant's negligence, carelessness, and recklessness by: a. Creating a dangerous condition by placing the pallet of garden materials in a position which caused the pallet to protrude into the aisle where the incident occurred; b. Creating a dangerous condition whereby the pallet was not readily apparent to patrons, such as Plaintiff, because of the manner in which 3 'OI:fflll.lll, ) ,." , -r-I' , " the Defendant placed, stacked and displayed bags of garden material; c. Creating a deceptively safe aisle through the placement, stacking and display of the bags of garden material; d. Creating an aisle that appeared to be safe to its patrons, such as Plaintiff, for passage through the store; e. Creating an aisle that is too narrow for the safe passageway of its patrons, such as Plaintiff; f. Failing to maintain the aisle where this incident took place in a reasonably safe condition; g. Failing to properly remove the pallet in the aisle where this incident took place; h. Failing to inspect the aisle where this incident took place to discover the pallet; i. Failing to correct the dangerous condition, which the Defendant created or permitted to exist as a result of the pallet; j. Failing to provide adequate warning or notice for an individual proceeding through the aisle of the protruding pallet then existing; and k. Failing to adequately warn or notify the Plaintiff of the dangerous condition in the aisle where this incident took place. 17. Defendant, its agents and employees knew or should have known that the pallet was protruding into the aisle which is traveled by patrons, like Plaintiff. 4 ''''''''''Ir _ ~ " .: r -I ~, ,", ,.'". 18. Defendant, its agents and employees knew or should have known that the condition created by the pallet protruding into the aisle where the incident took place involved an unreasonable risk of harm to persons such as Plaintiff on the premises. 19. Defendant, its agents and employees knew or by the exercise of reasonable care should have discovered the dangerous condition created by the protruding pallet. 20. The dangerous condition created by the pallet protruding into the aisle existed long enough to be discovered by Defendant and its agents or employees and long enough to be remedied by Defendant through the exercise of reasonable care. 21. Defendant, its agents and employees knew or should have foreseen that a patron could or would be injured as a result of this dangerous condition. 22. Defendant, its agents and employees knew or should have known that patrons, such as Plaintiff would not discover or realiZe the danger created by the protruding pallet. 23. Defendant, its agents and employees knew or should have known that patrons, such as Plaintiff would not protect themselves against the danger created by the protruding pallet. 24. Defendant, its agents and employees failed to exercise reasonable care as set forth herein to protect Plaintiff against the dangerous conditions described herein. 25. Defendant, its agents and employees should have warned persons such as Plaintiff of the dangerous condition or corrected the dangerous condition. 26. The aforesaid accident was caused solely by the negligence, carelessness, and recklessness of Defendant, its agents, as aforesaid, and was in no manner due to any act or failure to act on the part of Plaintiff. 5 -'""",", " - ,- '''''1-1 ~=~ 27. Plaintiff acted reasonably at all time relevant to this accident. WHEREFORE, Plaintiff, Catharine Estep, demands judgment against Defendant in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and costs of su it. Respectfully submitted, TUCKER ARENSBERG & SWARTZ BY: ~. Susan M. Seighm~ I.D.No.70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF Dated: ~, 10.00 6 -""'~ - ~- :I'f , ~ ,..,! VERI FICA TION I, the undersigned, Catharine Estep, do hereby certify that the statements made in the Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. s4904, relating to unsworn falsification to authorities. Date: '6. to' DD tJLA. ,t" 7 . Catharine Estep '''W ~ - r . SHERIFF'S RETURN - REGULAR CASE NO: 2000-01452 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ESTEP CATHARINE VS Wl,L-MART STORES INC CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAL-MART STORES INC the DEFENDANT at 0013:40 HOURS, on the 20th day of March , 2000 at 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to RON FRANK (MANAGER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So Answers: ~~N'4~~~1! ~~ Thomas Kline me this ?f:!z: day of 03/21/2000 TUCKER {Ju . By: _~~- Deputy Sheriff Sworn and Subscribed to before Of""f d...nu A.D. ~Q.~,q othonotary . , "'1 . . McDONNELL &ASSOCIATES BY: Courtney A Secla, Esquire Attorney LD. No.: 76263 BY: Patrick J. McDonnell, Esquire Attorney LD. No.: 62310 Two Penn Center Plaza Suite 910 Philadelphia, P A 19102 (215)636-3985 CATHARINE ESTEP Plaintiff Attorneys for Defendant, WaI-Mart Stores, Inc. v. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW WAL-MART STORES, INe. Defendant NO. 00-1452 Civil Term TO: Prothonotary of Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 PLEASE TAKE NOTICE that this action has been removed to the United States District Court for the Middle District of Pennsylvania. Attached hereto is a copy of the Notice of Removal filed with the Clerk of the United States District Court for the Middle District of Pennsylvania effectuating such removaL PLEASE TAKE FURTHER NOTICE that, in accordance with 28 U.s.e. ~1446(d), the the Court of Common Pleas of Cumberland shall not proceed any further in this action unless and until the action is remanded by the United States District Court for the Middle District of Pennsylvania, BY: MC~NNE.LL &: A, /i~~ Patrick J. McD nnell, Esquire Courtney A Seda, Esquire Attorneys for Defendant, W ai- Mart Stores, Inc. IA TES ~ DATE: April 19, 2000 c,. ~ilIl. , . -',"', - 1:-'1'" "u ,-'- <,' . ' The JS044 civil caver sheet and 11'1. informlltion CCJlnUlin~ herein neimer rtela= nct supglirmenr me filing a-nd service of pleJc:lin~ or otl'lllT ~ers as f!'l;luired by I,...,. !J:ceot as ;lrtlVided by ICQI M.1les af court. This form, aQPrclved by 'C't8 Judici,ll CcInierencll' of lhs Uniled Sunes in September 15174, iI reQUired for the usa of the CIeri: of Court forthl!' PUrclOM cfinitining the civil d=~ sheet. {SE! INSTRUCTIONS ON TH5 REveRSE OF THe FORM.l Catharine Estep 3529 March Drive, Camp Cumberland County, PA Hill' 17011 DEFENDANTS Wal-Mart stores, Inc. 702 S.W. 8th Street Bentonville, AR 72716 I (II) PLAlNTlFFS (b) Cumber- COUNTY OF RESIDENCE OF FIRST USTeO PLAINTIFF 1 and (exCEPT IN U.S. PLAINTIFF CASES) CCUNTY OF RESIOENCE OF FIRST limD DEFENDANT Benton} (IN U.S. PLAINTIFF CASES CN~'f) NCTS: IN LAND CONDEMNATION CASES. USE THe LDCATlON OF THE TRACT OF LAND INVOLVED ~t, (c) ATTORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBER) Susan M. Seighman, Esquire 111 North Front .street Harrisb~rg, PA 17108-0889 (717)234-4121 II. EASIS OF JURISDICTION {Pt.AC5. AN:II IN ONe sox ONL'1l ATTORNEYS (IF KNOWN) Patrick J. McDonnell, Esquire Courtney A. Seda, Esquire McDonnell & Associates Two .Penn Center Plaza, Suite 910 Philadelphia, PA 19102 (215)636- 3985 Ill. CITIZENSHIP OF PRINCIPAL. PARTIES ""-'""......"",eo. (For Diversity Cases Only} FOR PUIH71Fi" ~o 0tE sox FOA .0EF5~ o 1 U.S. Government FlaintiH lJ 3 Federal Question (U.S, Government Not a Party) PTF OEF P1'F OEF CItiZen at This State ~1 01 Incorporated or. Principal Place 04 D. of Business In This State ~. CItizen at Another Srate 02 02 Jncorporatedand Principal Place OS of Business In Anettler State Citizen or Subject of a 03 03 Foreign Nation 05 05 Pantign Country o 2 U.S. Govemment Defendant CK4 Diver:sity (Indl~te Citizenship ot Parties in Item III) IV. CAUSE OF" ACTION (cn'E THe us. CMl.STATUTt UNOER YMlCH YOU AA! flUNG >>m WRITE AMlEP STR'EMEHT OF CAUSE. co HIJr l::rrE .lURlSClCTICHAL $TAlUTES UHl.!$S DlVEASIT'f.) Diversity of Citizenship - 28 U.S.C. ~1332 V. NATURE OF SUIT (PLACE AN x IN ONe BOX ONLY) ,:,i , i CONTllACT TlJRTS FlIRFEITlIRSmNAIJY BANKlIUPTCY IInIOR STATlmS 0110lflSUr.ll'lC8 PfRSONALINJURY PERSONAL INJURY l=l!'OAgliCUIlUre 0.422 Mpual 04<l0_ o 1:20 Manne lJ 310 AilJ2Iane Q 362 PmlClnal Injury_ CI 620 OthIlT Feed & Drug 2S use 158 "-""'""" 0130 p,GgerAc:l: lJ315~anePn:x:luct 0625 Dnlg F1etaled SaWlre cf 0423WiThdrawlll (j410Anlllrusl MedMaJoradjee Piapeny 21 use 881 o 140 N~'nslnlmenl Uabiity o 365 Persanallnjury- 0"0,,-""" 2S use 157 o 430 Bn:s and Banking o 150 RlICCV'llIY III OvM)llymer'll o 320 Assault, UbeI & Pn:d\ICtUabiity 0640 R.R & Truck (j 450 c.:wrvn.cincc Ra:lIISJeu:. 6EnfCRl!lmeftlcl ....... CJ368 A$tI8SIOSPllr.IOnId PllOPelT'l RIGIlTS 0460_ - Cl330 Fa:!(IIal ErnpIoyaB' InjvryPnxlUd o S5D AirilnltR8g!ll Cl 820 _ Cl470 ~lnllulll'lQd ana 0151 MediClftAct Uatilly Ual:IiIily 0660 O=ulJlllclnal """-- 0340 ...... 6ahllYlHa8lll'l CJ 830 Patent 01S2RICOW8I'yotCelllUlled Pel!SGNAL PROP"..RTY r165100ltler 0840 T~ 0810__ ............. o 345 Marine Pn:x:I&Icl o 850 s-nIesJ~lIICldil:iesJ (b::L.V~ Uarifty 0370 QlharFmlCl WaR SOCIAl S,CURITY - cr 153 ~ cl OIIIlIl'OCIymenl o 350 Mcll:Ir Vehicle 0371 '!Nll'linLandin; CI710 Fllitl.aborSlanClaItl3 0861 HUI(l3'9SI1) OS75~CMllllng. 01 Veunn'.$ SenefilS Cl~S5 McIlarVahicllt D~80 OlrlIl'PersanaI 12USC3410 CJ 160 Slodr;ncIlQer.s'SIIlIs PrCII2uc::ZUaDiity -- ... 0862 SIlIdcI.ung(923) a 891 AgrblIUnJ Ac:! Cl 19D 0lMrear.cr.: ~36D =p~ CJ38S~Oarnaqe D7:20l.abor/Mglnt. C18S3 C-;wCfOlww<(~) 089Z~SWliiUllon . o '95 Cc:I'Inct PrcoId llab1ily Prcd\lclUablIiIy R_ 0864 SSlO TilkI XVI 0730lal'/Mgrrd. "" 086. RSII_1 0893 e;...;'__._,U ~ ~EAl. PROPm"f CMl. RIGHTS PRISONER PElITIDNS -- eI 894 Enrwgy Allo::zlion Ad. -.... CJ 210 Land ConlHmnalion o 441 VOling OS10Mcli;n.1;tllVilcale 0740 flailwayLabcr FEIlEIW. TAX SUITS C 895 Fnledcm cI 0: 220 ForedC=iure CJ 4012 Emplayrnenl ... ......... ... a 230 Rene Lnse & E"~m Cl443 HOI.ISingf ....... CJ790 Ott\erlatClr Cl 670 'bes ~U.s. PlairllilI 0900 ~dF..OIlarmin:l!lO HatleIlSCO!pls: -- . cr~endamj UncwEc;ualAc:ssalO CJ 240 Tens lD Land ~_l J!lIons 0S3ll ...... 0791 ErnplAet.la:. 0871 ~_'Tlin:IParry ..-. C! 2.45 'lbrtPrtlduaU;ab1ily o 444 Wellam 0536 DAU'lf'en=slt)l' ......,"" :z&USC7S09 agSO~l'fol D2.90....OlflerFl.a1Pl"C1l:lerty 0440 OfnetCM1Fli;:tt:s C!540~&Cttler -- 0""""'" 0890 00..-_ -.. , , ,'i "I , , , ~;! !J :':1 "I I :.:1 I CJ 1 Original Proceeding (.2. Removed frem State Court (PLACE AN x IN ONe BOX ONl:t) o 3 Remanded from Q 4 Reinstated or ~pelIate Caurt Reopened Transferred from o 5 another district (S/lecify) 0' 6 Multiaistricl: Utigation ~!oDistnc: o 7 Judge from Magistrate ~ent VI. ORIGIN VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION COMPLAINT: 0 UNDER F.R.C.P.23 V111. RELATED CASE(S) (5.. insIrUClicns): IF ANY JUDGE DEMAND S In Check YES only if demanded in r;omp/aitlt: nn JURY DEMAND: .~Yl!S 0 NO QV~~~ n~ ~7~,nnn OOCK~ NUMSEF 4/"19/00 SIGNATUJ"i ATTORNEY OF RECOjf 0 ! ~ ~d_ DATE UNI'iEI) STATeS CISTRICT COURT eLl 0_ ,_ z'.~ ~ I .., '.' '--~ , ,- ., ~~'.F~ nO ~~ .--, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA CATHARINE ESTEP Plaintiff CIVIL ACTION - LAW v. W AL-MART STORES, INC. Defendant NO. DEFENDANT. W AL-MART STORES. INC.:S NOTICE OF REMOVAL Defendant, Wal-Mart Stores, Inc. ("Wal-Mart"), through its undersigned attorneys, gives notice of the removal to this Court of a state civil action pending in the Court of Common Pleas of Cumberland County, Pennsylvania in support thereof, avers as follows: 1. A civil action has been brought against Wal-Mart by the plaintiff and is pending in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 00-1452. A copy of plaintiff's Complaint is attached hereto and marked as Exhibit "A". 2. The State Court wherein this action was originally filed is located in Carlisle, Pennsylvania which is embraced within this jurisdictional disttict. 3. Plaintiff is a citizen and resident of the Commonwealth of Pennsylvania, residing at 3529 March Drive, Camp Hill, Cumberland County, Pennsylvania. 4. Wal-Mart is a corporation organized and existing under the laws of the State of Delaware with principal business office~located in Bentonville, Arkansas. 5. Wal-Mart was served a copy of plaintiff's Complaint on or about March 20, 2000. This Notice of Removal is filed within thirty (30) days thereof. 6. Plaintiff alleges that she ttipped over a pallet and fell at the Mechanicsburg Wal- Mart Store on April 24, 1999. (Complaint <JI4 and 6). #, ~" ., '.~' "y ". ~ , >~ .~ ' "._ - ., '_' -'-,4-'""" _'It",' L - ,~ 7. Plaintiff alleges that she suffered severe injuries that resulted in substantial medical care and treatment, which injuries and treatment include but are not limited to, the following: a. Fracture of the right humerus; 1. Left knee contusions; and c. Extensive physical therapy with respect to the fracture. (Complaint 'II 9). Plaintiff alleges that she has incurred medical expenses and other out-of- pocket expenses to date in excess of $5,000.00 and will continue to incur such expenses for treatment, therapy and other related items in the future. Plaintiff claims that she has endured pain, suffering, emotional distress, mental anguish and embarrassment and the loss of life's pleasures and will continue to endure pain, suffering, emotional distress, mental anguish, embarrassment and theloss. of life's pleasures into the future. (Complaint '1111). Plaintiff claims she has and will be obligated to receive and undergo medical attention and care, and will incur various expenses for medical treatment and will be obligated to continue to expend such sums for an indefinite time in the future. (Complaint '1114). S. Plaintiff Catherine Estep seeks damages in an amount in excess of the limits for mandatory arbitration ($25,000.00) plus interest and delay damages. 9. On April 11, 2000, attorneys for defendant Wal-Mart sent to plaintiff's counsel a Stipulation Limiting Damages to Avoid Removal of Matter to Federal Court. A copy of this Stipulation is attached to this Notice as Exhibit "B". 10. Plaintiff's counsel advised counsel for Wal-Mart by telephone on April IS, 2000, that plaintiff is unwilling to enter into the sripulation limiting damages to an amount less than $75,000.00. Based upon plaintiff's allegarions in her Complaint and her unwillingness to execute llffi -,""" <--""--'- 1 ' "-,-".-,--,' --r a stipulation, defendant has a good faith belief that plaintiff is seeking damages in excess of $75,000.00 n. In light of the severity of the injuries claimed and in light of plaintiff's counsel's refusal to agree that the value of the damages sought are less than $75,000.00, defendant believes that the matter in controversy is in excess of the sum of $75,000.00, exclusive of interest and costs and the jurisdictional requirements for removal are met. 12. This Court has jurisdiction over the subject matter under 28 U.S.c. 1332. WHEREFORE, defendant, Wal-Mart, respectfully requests that the State Action be removed from the Court of Common Pleas of Cumberland County, Pennsylvania to the United States District Court for the Middle District of Pennsylvania. BY: McDONNELL &: ASSOCIATES ,./1 ,/" .- ._4 !", (' // i.LV .pO /J \'dL-tLtt.JlI' I ,Xd'C~ PatrickJ. McDo ell, Esquire Courtney A. Seda, Esquire Attorney I.D. Nos.: 62310/76263 Two Penn Center Plaza - Suite 910 Philadelphia, P A 19102 Attorneys for Defendant, Wal-Mart Stores, Inc. DATED: April 19, 2000 ,--,'; ~--"-- ., . c. -~. -"., -', I~,. -' , EXHIBIT A ,--."" , '-' ~" MAR-31-00 FRI 03:57 PM FAX NO. P. 02110 CATHARINE ESTEP, Plaintiff v. IN rHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - J4Sd-.- C cJLt y~ CIVIL ACTION - LAW JURY TRIAL DEMANDED WAL.MART STORES, INC. Defendant NOTICE TO DEFEND AND CLAIM RfGHT~ . 1 j ! l 'I II I, i: ;[ 1; YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notica for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. .i\ ~j jJ YOU SHOULD TAKE THIS i='APER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFiCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 r:-J 1";' ...... f~ c~:) ~'''' -r,;" 1 -., '.! ,! I . ! ~':; ':.: : I" .~ ?J , ~ i I t..) ,: :,.J :.:', '.":::,' l.J;;') {./It ", ." ':, .-' ~..:: ".' -", .... :~::t:: '::j :1 TRUt: G,:)py ~'ROM RECORD In if.i;!;t~;:~,'i;:'; ~"}h}i;:~f, f hr;;t:' !,!(~U ~t i:1V r~~-d "'"' ..'. '.. ',of -. . ,,!, '\ .. l.~ r:. U-itQ !.~~~ ::>-1..~' ~ c C ~;'J (.It-un al L;a.i f~K1, r;1.. _'. 1m I'?'i-J.......,.w' ~ ~. _._..., J":: j. ,. -,~ hollmary e.':., ,..., .'J , ~ ,-, _.^'~", _.e_". -,.- n v, '!.S~~': ";'. }) ~.r\o :,/ \" ''''''. I. . ./ r> J;;;;;:,... -- MAR-3l-00 FRI 03:58 PM FAX NO. NOT1CIA P. 03/10 Le han demandado a usted en la corte. 51 usted quiere defenderse de estas demandas expuestas en las paquin as siguientes, usted tiene viente (20) dias de plaza al partil" de la fecha de la demanda y la notificacion. Usted debe presentar una apar/encia escrita 0 en persona 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que sl usted no se defiende, ia corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y par cualquier queja a alMa que es pedida en la peticion de demanda. Usted puede perder dinero a sus propiedades 0 otros derechos importantes para usted. i I ! ~ Ii LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. 51 NO TIENE ABOGADO 0 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL 5ERVIC10, VA Y A EN PERSONA 0 LlAME paR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUiR ASISTENCIA LEGAL. i i ,. I' ,I Ii 1 Ii I II IJ I I I I 11 II I, II II I I I I 11 :i I' Respectfully submitted, Ii II i; ',N~ .-" ' ,""0_ " Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TUCKERARENSBERG & SWARTZ BY: .xiuA~ ~ IMLJ'Y\Du,r-' Susan M. Seighma~ --\1_.' I.D. No. 70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF _,.__<,'f"--,--" " ',', , ~ ' 11AR-31-00 FRI 03:58 PM FAX NO, P. 04/10 CATHARINE ESTEP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. WAL.MART STORES, INC. Defendant CIVIL. ACTION - LAW JURY TRIAL DEMANDED ~OMPLAINT PARTIE~ AND NOW comes Plaintiff, Catharine Estep, by and through her attorneys, TUCKER ARENSBERG & SWARTZ and Susan M. Seighman, Esquire, and hereby avers the following: 1. Plaintiff, Catharine Estep, is an adult individual currently residing at 3529 March Drive, Camp Hill, Cumberland County, Pennsylvania 17011. (hereinafter referred to as "Plaintiff"). 2. Defendant, Wal-Mart Stores, Inc. is a corporation duly organized, incorporated and existing under the laws of the State of Delaware and its registered agent is Corporation Service Company, 1013 Cenler Road, Wilmington, Delaware 19805. 3. Defendant, Wal-l'v1art Stores, Inc. operates a retail store at 6520 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. .EArn 4. The facts and occurrences as hereinafter stated took place on April 24, 1999, at the Wal-Mart store located at 6520 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. )'~"~ - .~ - -, '. - - . it ~ HAR-31-00 FRI 03:58 PM FAX NO. P. 05/10 5. On April 24, 1999, Plaintiff entered Wal-Mart as a business invitee. 6. After Plaintiff exited the greenhouse area of the store. she began to proceed through the aisles located in the garden area. As she proceeded through an aisle, she tripped over a pallet that was protruding into the aisle and which caused her to fall. 7. The pallet that was struck by the Plaintiff was located within a groLlp of pallets " i' I! ,I Ii II II Ii Ii r: Ii I i' H. , that were stacked with bags of gardening material. 8. As a result of the fall, Plaintiff injured her right upper arm and right shoulder and left knee. DAMAGES 9. As a direct and proximate result of falling on April 24, 1999, Plaintiff suffered I. i: , I:' ,. I I, f ~ :: severe injuries that resulted in substantial medical care and treatment, which injuries and treatment include but are not limited to, the following: L a. Fracture of the right humerus; b. Left knee contusions; and ;0'; i'l c. Extensive physical therapy with respect to the fracture; ii I , I'" I , I.! "I , i:i i.-! II ! ~ I 10. As a direct and proximate result of the injuries resulting from her fall on April 24, 1999, Plaintiff has incurred medical expenses and other out-of pocket expenses to date in excess of $5.000 and will continue to incur such expenses for treatment, therapy and other I: related items in the future. 11. As a direct and proximate result of the injuries at issue in this case, Plaintiff has endured pain, suffering, emotional distress. mental anguish and embarrassment and the loss I'M ,,= , _~ '0-". ~ ", 1~ ., _ -,d.r, ,. " " " ,~ ,. t1AR-31-00 FRI 03:58 P!1 FAX NO, P. 06/10 of life's pleasures, and will continue to endure pain, suffering, emotional distress, mental anguish, embarrassment and the loss of life's pleasures into the future. 12. As a direct and proximate result of the injuries at issue in this case, Plaintiff has and will continue to be limited in her normal daily activities. 13. As a direct and proximate result of the injuries at issue in this case, Plaintiff has and will continue to suffer impairment to her general health, strength and vitality. 14. As a direct and proximate result of the injuries at issue in this case, Plaintiff has and will be obligated to receive and undergo medical attention and care, and she will incur various expenses for medical treatment ar;d will be obligated to continue to expend such sums for an indefinite time in the future. 15. As a direct and proximate result of the injuries at issue in this case, Plaintiff has and hereinafter may incur other expenses or losses for which she claims to the extent permitted by applicable law. !.lABILITY 16. The injuries at issue in this case and the damages suffered by Plaintiff as set forth herein, are the direct and proximate result of Defendant's negligence. carelessness, and recklessness by; a. Creating a dangerous condition by placing the pailet of garden materials in a position which caused the pailet to protrude into the aisle where the incident occurred; b. Creating a dangeiOus condition whereby the pallet was not readily apparent to patrons, such as Plaintiff. because of the manner in which , ;'! , -i-~~ " -,"'''-''-'','--'''' - -' - ,.., I ~ - ',. -, 3 -"'{--, l' , i I 'I i ~ :1 1:1 i ;:) ,<, I_'j :i ',1 H ,-I ii ': 1i~ ,~, MAR-31-00 FRI 03:59 PM FAX NO. p, 07/10 the Defendant placed, stacked and displayed bags of garden material; c. Creating a deceptively safe aisle through the placement, stacking and display of the bags of garden material; d, Creating an aisle that appeared to be safe to its patrons, such as Plaintiff, for passago through the store; e. Creating an aisle ~hat is too narrow for the safe passageway of jts patrons, such as Plaintiff; f. Failing to maintain the aisle where this incident took place in a reasonably safe condition; g. Failing to properly remove the pallet in the aisle wllere this incident took place; h. Failing to Inspect the aisle where this incident took place to discover the pallet; i. Failing to correct the dangerous condition, which the Defendant created or permitted to exist as a result of the pallet; j. Failing to provide adequate warning or notice for an individual proceeding through the aisle of the protruding pallet then existing; and Failing to adequateiy warn or notify the Plaintiff of the dangerous k. cendllion in the aisle where this incident took place. 17. Defendant, its agents and employees knew or should have known that the pallet was protruding into the aisle which is traveled by patrons, like Plaintiff. ~. -"- '-'-I ~ t11~R- 3 1 -00 FR I 03: 59 P11 FAX NO. P. 08/10 .' 18. Defendant, its agents and employees knew or should have known fhat the condition created by the pallet protruding into the aisle where the incident took place involved an unreasonable risk of harm to persons such as Plaintiff on the premises. 19. Defendant, its agents and employees knew or by the exercise of reasonable care should have discovered the dangerous condition created by the protruding pallet. 20. The dangerous condition created by the pallet protruding into the aisle existed long enough to be discovered by Defendant and its agents or employees and long enough to be remedied by Defendant through the exercise of reasonable care. I :1 ,I j -1 , '. '1 .1 ,~ 21. Defendant, its agents and employees knew or should have foreseen that a patron could or would be injured as a result of this dangerous condition. I j I ., I :i 22. Defendant, its agents and employees knew or should have known that patrons, such as Plaintiff would not discover or realize the danger created by the protruding pallet. 23. Defendant, its agents and employees knew or should have known that patrons, such as Plaintiff would not protect themselves against the danger created by the protruding pallet. 24. Defendant, its agents and employees failed to exercise reasonable care as set forth herein (0 protect Plaintiff against the dangerous conditions described herein. 25. Defendant, its agents and employees should have wamed persons such as Plaintiff of the dangerous condition or corrected the dangerous condition. 26. The aforesaid accident was caused solely by the negligence, carelessness. and recklessness 01 Defendant, its agents, as aforesaid, and \Vas in no manner due to any act or failure to act on the part of Plaintiff. ~ "- - f"1 - " MAR-31-00 FRI 03:59 PM FAX r'IO. P. 09/10 , 27. Plaintiff acted reasonably <lt all time relevant to this accident. WHEREFORE, Plaintiff, Catharin!'! Estep, demands judgment against Defendant in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and costs of suit. Respectfully submitted, TUCKER ARENSBERG & SWARTZ BY: ~Jp)~rN~ Susan M. Seighman I 1.0. No. 70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Daled: ~ . /0.0 () ATTORNEYS FOR PLAINTIFF ._:;;;;" '-~ ' , . I"'" t:: h". ~ < MAR-3l-00 FRI 03:59 PM FAX NO. P. lalla . .' VERI FICA TION I, the undersigned, Catharine Estep, do hereby certify that the statements made in . .. .- the Complaint are true and correct to the best of my knowledge, information and belief. I i [I ~i " " if "j i'i " !I iJ " ] understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. 34904, relating to unsworn falsification to authorities. Date: :=" (() .DD ~. . ~ .. 'AA4A , Catharine Estep ',!~~ :';! , ;.' 1:1 if, ,I' ;~ :-; '~J ;1: I ~i ''"{lll! ',,",,," .,-"-' <c. --, __ ,- - > C'_?;I' :1, ~l' ~' I:! ~'I i:i h 1:1 iii I~ I [" ill " I'i Ii! ~! 1;1 I I I;' I> f' I', I,; I:: 1'1 Li f'! Ii; I', I: I'; Ii! :-: I"~ (, i,- ;,' ::- I: '''~ -' ~ EXHIBIT B - ,-",","-- '-"-'-- ~ , :;i .... ,.. .,: ,.. .. i :~i .. 'i ~i !:_''1'" _" LAW OffiCES 0F McDONNELL & ASSOCIATES A PR0FESSIONAL CORPOIUTl0N SUITE 910 Tw,p PENN CENTER PLAZA PHILADELPHIA. PA 19102 FAX (215) 564.5885 COUR. TNEY A. SEDA DIR.ECT DIAL (215) 636-3985 EMAIL CSEDA@MCDA-LAW.COM Aprilll, 2000 Susan M. Seighman, Esquire III North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 RE: Estep VB. Wal-Mart, et. al. CCP of Cumberland County-I/OO-1452 Civil Term My File 1/31165-M-076 Dear Ms. Seighman: We represent defendant, Wal-Mart Stores, Inc. in the above-captioned matter. In that regard, we just recently received the pleadings in this matter. Our client, is incorporated in Delaware and its principal places of business is located outside Pennsylvania. In light of the seriousness of the allegations, has directed us to remove this matter to Federal Court. We intend to do so by Tuesday, April IS, 2000. If. prior to that date, you sign and deliver to us the attached Stipulation agreeing that the full amount of any and all damages your client may be awarded in this matter, if any, shall not exceed Seventy-five Thousand Dollars ($75.000.00), we will agree not to remove the case. If you have any questions, please call me if you wish to discuss this matter further. I look forward to hearing from you. Very trUly yours, McDONNELL &' ASSOCIATES /7 L, L. /lY"de. .~~7ef.a I ~ Patrick J. McDonnell , CAS/P]K/cbc enclosure c~_"F" .' ... , 1'- CERTIFICATE OF SERVICE Courtney A. Seda, Esuqire hereby certifies that a true and correct copy of Defendant, Wal-Mart Stores, Inc.'s, Notice of Removal was served by United States first- class mail, postage prepaid on April 19 , 2000 to the counsel below named: Susan M Seighman, Esquire 111 North Front Street p. 0. Box 889 Harrisburg, PA 17108-0889 McDONNELL &' ASSOC1A TES /7 BY: \ '~'-~ ''''''~.,-'''''! -'-'-'" '-'.',.- " . T~_" ".':-_ _ ,-,-I.""" . .." -",,0; --'- . '0 m. !!Ill.. lMlIIJ"lII~~~ ..,. J-",~", 0' ~". ~ '~~'"'"'.' , ~ ~- _ '~__,i'. = ,.'~!""'~~,,~,.1 '.'" ',,;'" ,'H.c,",.' ;...;,-,,0.' '~"'';';'''''''~,,-,M.v"'b-, ','~ -lIliiilf {el C) Ci I .. 'T-,,. , .~ " ,n - ) ,-" c r/ .. (-::-J :~, ,; n :.-~, (:-=s () f'Tl ... j~ :,:..., ::J -< t....; -< rM!Wll~!lJI!:r_ _ wmm ,'"~1iII!i8m 1- 'y,' McDONNELL 8:t ASSOCIATES BY: Courtney A. Seda, Esquire Attorney 1.D. No.: 76263 BY: PatrickJ. McDonnell, Esquire Attorney 1.D. No.: 62310 Two Penn Center Plaza Suite 910 Philadelphia, P A 19102 (215)636-3985 TO THE PLAINTIFF HEREIN: YOU ARE HEREBY NOTIFIED TO ANSWER THE ENCLOSED NEW MATTER WITHIN THIRTY (30) DAYS OF SERVICE HEREOF. Attorneys for Defendant, Wal-Mart Stores, Inc. v. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CATHARINE ESTEP Plaintiff WAL-MART STORES, INC. Defendant NO. 00-1452 Civil Term DEFENDANT, WAL-MART STORES, INC.'S ANSWERS TO PLAINTIFF'S COMPLAINT WITH NEW MA TIER Defendant, Wal-Mart Stores, Inc. ("Wal-Mart") by and through its attorneys, McDonnell &: Associates, answers Plaintiff's Complaint and avers New Matter as follows: 1. Denied. After reasonable investigation, Defendant, W aI-Mart Stores, Inc. is without sufficient knowledge or information to determine the truth or falsity of the allegations of this paragraph, 2. Denied as stated. Defendant, W al- Mart Stores, Inc. is a corporation organized and existing under the laws of the State of Delaware with a principal place of business in Bentonville, Arkansas. 3. Denied as stated. Defendant is authorized to operate a retail store in Mechanicsburg, Pennsylvania. 4. Denied. After reasonable investigation, Defendant, Wal-Mart Stores, Inc. is without sufficient knowledge or information to determine the truth or falsity of the allegations of this paragraph. T"~ ~', __c\' ,'., "" ,'_ _', ,_. ,-,_., . , ,," . -'-"-l S. Denied. The allegations of this paragraph are conclusions of law to which no response is required. 6. Denied. Afterreasonable investigation, Defendant, Wal-Mart Stores, Inc. is without sufficient knowledge or information to determine the truth or falsity of the allegations of this paragraph. 7. Denied. After reasonable investigation, Defendant, W aI- Mart Stores, Inc. is without sufficient knowledge or information to determine the truth or falsity of the allegations of this paragraph. S. Denied. 9. 9(a)-(c). Denied. 10. Denied. Il. Denied. 12. Denied. B. Denied. 14. Denied. IS. Denied. 16. (a)-(k). Denied. 17. Denied. IS. Denied. 19. Denied. 20. Denied. 21. Denied. 22. Denied. -2- ;-- ~,___n,,~,,__~ '." .'0. .,.... "-''' " -. ,,'_ _, .'t,'f!1"'-" '_ _~ - ',," (' ~,~, T _ _ 23. Denied. 24. Denied. 25. Denied. 26. Denied. 27. Denied. WHEREFORE, Defendant, W aI- Mart Stores, Inc. demands judgment in its favor and against the plaintiff on all counts together with costs, reasonable attorney's fees and other further relief as this Court deems just and proper. NEW MATTER 28. On or about April 24, 1999, Wal-Mart was operating the above-referenced premises in accordance with the standard of care owed to plaintiff, Catherine Estep and others similarly situated. 29. On or about April 24, 1999, Wal-Mart had no notice of any alleged defective conditions upon its premises 30. The plaintiff's claims are barred because Catherine Estep was injured as a result of a known risk which she assumed. 31. Plaintiff's claims are barred by reason of Catherine Estep's own contributory negligence, or alternatively reduced by the percentage of her own comparative negligence. 32. Plaintiff's claims are barred because Catherine Estep failed to mitigate her damages. 33. Plaintiff's injuries are due solely to the negligence of Catherine Estep, or the negligence of a third party over which W aI- Mart had no control 34. Plaintiff's injuries are due solely to the intervening or supervening negligence of + .~- -j, ""-'-,,, ",,--,' [.r-. plaintiff, Catherine Estep or other causes. 35. Plaintiff's claims are barred by the doctrines of waiver and estoppel. 36. Plaintiff's claims are barred by the applicable statute of limitations. 37. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. WHEREFORE, Defendant, Wal-Mart Stores, Inc. hereby demands judgment in its favor and against plaintiff on all counts together with costs, reasonable attorney's fees and any further relief this Court deems just and proper. McDONNELL &: ASSOCIATES /} (/ BY: l._~~~ Courtney A. S a, EsqUire Patrick J. McDonnell, Esquire Attorneys for Defendant, W al- Mart Stores, Inc. DATED: May 15,2000 -4- 'l!ll'l- _ ~'_ ~"~,,' . -,'"" :_'- _ < <.." .,. 'r_c, VERIFICA TION I, COURTNEY A. SEDA, ESQUIRE, am an attorney at law who represents Wal-Mart Stores, Inc. in this matter and make this Verification pursuant to Rule 1024( c)(2) in that defendant is out of the jurisdiction of the Court and the Verification of the Answer with New Matter cannot be obtained within the time allowed for filing the within Answer. DATED: May 15, 2000 }, ,;<~ . . "" ,~ '." . . , .r;"r"." . . CER tiJ;'1CA tE df..!oik1f. ~7CE COURTNEY A. SEDA, ESQUIRE hereby certifies that a true and correct copy of Defendant, Wal-Mart Stores, lnc.'s AngWUrs to PlaintiH's Complaint with New Matter was served by United States first class mail, postage prepltid 6h May j ~ooo to the counsel below named: Susan M. Seighman, Esquire III North Front Street P.O. Box 889 Harrisburg, P A 17108-0889 BY: McDONNELL &ASSOCIATES /) ,~)/J l,~o~ COURTNEY A. SE A, ESQUIRE. " ~ -~- ,.. , -, >', ,. , '''' h -1-'-~I~~H . ;, -nd I!IIlI! ~ ,. ,~IIlI~M ,~ "" _r~~ ~, rt' . .M<~' _~" - -mN _ -\'C", . Jl ] Jl9.~\ff~~~~lnl'$II1iij!!'i"l!! ," .~ ""-- Il.rmn Ii D C) 0 ,., (~J .1 :;0-" .. ~~ -.-"' ~ tlj c. -r " ~'"~ ;'-[1 p.::: ;71 C? <"""- c.o , , y .. ~J () ~~:~ -1". " t; (-) " .. (') ;:=') )-." ( ,) (5 f";:-j .c,::: 2.: ~I :,:, p .,; :JJ u.<. ....1 -< I!II"~ , ~~ "---~"'-~'"""-ij~~=- McDONNELL &ASSOCIATES BY: Courtney A. Seda, Esquire Attorney 1.D. No.: 76263 BY: Patrick J. McDonnell, Esquire Attorney 1.0. No.: 62310 Two Penn Center Plaza Suite 910 Philadelphia, P A 19102 (215)636-3985 Attorneys for Defendant, Wal-Mart Stores, Inc. CATHARINE ESTEP Plaintiff v. WAL-MART STORES, INC. Defendant COURT OF COMMON PLEAS OF CUMBERlAND COUNTY CIVIL ACTION - LAW NO. 00-1452 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Wal-Mart Stores, Inc., in connection with the above-referenced matter. DATED: May 15, 2000 <'-!J91!ol,~ _~ -"-'-f-' ",~ BY: McDONNELL &I: ASSOCIATES C//') y -~;fler/t- Courtney . Seda, Esquire PanickJ.McDonnell,Esquire Attorneys for Defendanr, Wal-Mart Stores, Inc. . CERTIFICATE OF SERVICE COURTNEY A. SEDA, ESQUIRE hereby certifies that a true and correct copy of the Entry of Appearance was served by United States first class mail, postage prepaid on May I ~ , 2000 to the counsel below named: Susan M. Seighman, Esquire III North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 BY: nfj_ "--., J--.. -- -,~- . I "'-I~ '- - ~ ......../Q, ~ II!I!lI ,u~ to' -_~_, , ,,'- ,~~.^ ., ,_,Jill 1,' . B~ji'llIIJIl~r__'~'^ .~~~. () ~ G:iHj ~~; t~;; ~,<;~ ~:i~ ~-< '-I-.k( c> o ~lIlI "' "' """"'"'l'iI,f' ,', ~T! - -,"'-~ :-r:.~ -<: -.-gt3 --~-; ~~~ ;-'.~:U '~::-(J ;'-'5["" :::, ,~ ::0 '< 0") -'t'J ~~~ :.,) ...) , ....~. ' ~-'I-';----'" , ,- . . . CATHARINE ESTEP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1452 WAL.-MART STORES, INC. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes Plaintiff, Catharine Estep, by and through her attorneys, Stephen M. Greecher, Jr., TUCKER ARENSBERG & SWARTZ, and hereby avers the following: 28. Denied. The averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. To the extent that the averments are deemed factuah the averments are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant, Wal-Mart was operating its retail store located at 6520 Carlisle Pike, Mechanicsburg, Pennsylvania in breach of the standard of care owed to Plaintiff and similarly situated persons. Defendant operated the aforementioned retail store in a negligent, careless and reckless manner, as is set forth in the Complaint. 29. Denied. Defendant knew or should have known of the dangerous condition that was created by the pallet that protruded into the aisle in which Plaintiff was walking. Defendant, its agents and employees knowingly stacked bags of material on the pallet that was struck by Plaintiff and placed the pallet at its location. 30. Denied. The averments contained in this Paragraph are denied in conformance with Pa.R.C.P. 1029(e). By way of further answer, the averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. , -, --. -. ',-~n"""~~_____,:q'~.'-.''':'<'''''',, ,:1_.;-:", """:-' '-fe" ~E_,H~Y_<,>-c~_",,_ 'Y~_~i>,""'>1'.\i-__ ",~__T f-'~"" c' -_"'--T_'~_"_-~,~--,-"",, ~'" ~M',_'";__ ,...'".L,.. L. ' , ~ 31. Denied. The averments contained in this Paragraph are denied in conformance with Pa.R.C.P. 1029(e). By way offurther answer, the averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. 32. Denied. The averments contained in this Paragraph are denied in conformance with Pa.R.C.P. 1029(e). By way of further answer, the averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. 33. Denied. The averments contained in this Paragraph are denied in conformance with Pa.R.C.P. 1029(e). By way offurther answer, the averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. 34. Denied. The averments contained in this Paragraph are denied in conformance with Pa.R.C.P. 1029(e). By way of further answer, the averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. 35. Denied. The averments contained in this Paragraph are denied in conformance with Pa.R.C.P. 1029(e). By way offurther answer, the averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. 36. The averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. To the extent that affirmative responses may be required, the averments are denied. Plaintiff was injured on April 24, 1999. She filed her Complaint on March 13, 2000, well within the applicable statute of limitations period. 37. Denied. The averments contained in this Paragraph are denied in conformance with Pa.R.C.P. 1029(e). By way of further answer, the averments contained in this Paragraph are conclusions of law to which no responsive pleading is required. - _" ,.-'.-" ,'," '~_',. c__ _ <~.-"T-_", "-""'}": "\,.,n;>." _";-'_', -"_,'l,~,r,_~_ -"'''--",-_,_,,__ '. '-=-5'.. '1''''' .. _''''''_'''''-;','_H",,'' ,_~ -~'-'" --"'.j_'r~ ~"_,,,,,___,"___, -"F:!':'=. _~,_,__ -'1,_ ?','-,o:...:_-__'c WHEREFORE, Plaintiff, Catharine Estep, requests that Defendant's New Matter be dismissed and demands judgment in her favor and against Defendant, Wal-Mart, in excess of the limits for mandatory arbitration, plus interest, delay damages and costs of suit. Respectfully submitted, TUCKER ARENSBERG & SWARTZ BY~~t~.~ I.D. No. 36803 Susan M. Seighman I.D. No. 70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF r,_, '7-"'''''''','''''__,_" .",-<", ',' ",--,,;,\:,>,' -"-.,~- - <,'''',_'_oX'('72, ~-"--~-' ""f" ;."-' -. . . .'.,....c' dC, ".' ,,,,..,,".' ""'''., "'.',d,"..""', - . ._-~~_::::._- "\\,,,. . ,~,~ ~, . VERIFICA liON I, the undersigned, Catharine Estep, do hereby certify that the statements made in the Plaintiffs Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Date: ~~, /~ atharine Estep '-'0' '1- . . . CERTIFICATE OF SERVICE AND NOW, this ')D--tr. day of ~ ,2000, I, SUSAN M. SEIGHMAN, Esquire for the firm of Tucker Arensberg & Swartz, attorneys for Plaintiff, hereby certify that I have this day served the within Answer to New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Courtney A. Seda, Esquire McDonnell & Associates Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 r ~man~ ^;;-~ ",1;1' ,-, - f:"<~I-~' - - , ! '.' , . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena. is attached to the certificate. (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/03/2000 (?~~ COURTNEY SEDA, ESQutRE Attorney for DEFENDANT DEll-190217 30S42-LOl 'illi ~ ~ ~ ~ -~- ,_ n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES. INC. NOTICE OF INTENT TO SERVE A SUBPOENA 'PO PRODUCE DOCUMENTS HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL NATIONWIDE INSURANCE COMPANY MEDICAL AND HOSPITAL BILL X-RAY ONLY INSURANCE Ii 11 i ~ ii ii ;i I. I I I, Ii Ii TO: SUSAN K. SEIGHKAN, ESQUIRE KCS on behalf of COURTNEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 06/13/2000 KCS on behalf of COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT CC: COURTNEY SEDA. ESQUIRE - K-076 Any questions regarding this matter, contact THE KCS GROuP IRC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 I " DE02-124275 30B42-CO:J.. ;w,il) ", ~-,' ",' r' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHARINE ESTEP VS File No. 00-1452 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUA.i~T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name of Person or Entity) 'Within h'.'enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or prOduce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty p.O) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO\^lING PERSON: COURTNEY SEDA, ESQUIRE TWO PENN CENTER, SUITE 910 PHILADELPHIA PA 19102 TELEPHO!\'E: (215) 246-0900 SUPREME COURT ID Ii: ATIOR:\'EY FOR: THE DEFENDANT NAME: ADDRESS: DATE: dicne. g'. c:2Cr(\ , Seal of the Court '" " "I EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP mu.., PA 17011 RE: 30842 CA1HARINE ESlEP INCLUDE ANY AND ALL ABSTRAcrsOF HOSPITAliZATIONS. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any eJ<amination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-3S-0829 Date of Birth: 02-25-1935 SUIO-251762 30842.-LO:J.. ','lii~:!llI 1--1' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN TIlE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEllA, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent. including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received. and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/03/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-1902l8 30B42-L02 -~ -, ,.' - ",-' TI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL NATIONWIDE INSURANCE COMPANY MEDICAL AND HOSPITAL BILL X-RAY ONLY INSURANCE TO: SUSAN K. SEIGHMAN. ESQUIRE KCS on behalf of COURTNEY SEDA. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 06/13/2000 KCS on behalf of COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT CC: COURTNEY SEDA, ESQUIRE - K-076 Any questions regarding this matter. contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-124275 30842-COl '}j~~ '--.' , '~r' . , '~ -- ..,~ f I' COMMONVVEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHARINE ESTEP VS File No. 00-1452 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within rn"enty (20) days after sen'ice.of this subpoena, you are ordered by the court to produce the foIIawing documents or things: SEE ATTACHED al MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOY\'ING PERSON: NAME: COURTNEY SEDA, ESQUIRE ADDRESS: TWO PENN CENTER, SUITE 910 PHILADELPHIA PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT lD II: ATTORNEY FOR: THE DEFENDANT DATE: ~)1,"t10- 'A, dcY Y") Seal of the Court ",,"1- "., _1 r' EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP illLL, P A 17011 RE:30842 CA1lIARINE ESTEP Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 SUlO-251764 30842-L02 "'"!!J1m ,-, '. 11 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN Tm: MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 VAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA. ESQUIRE defendant certifies that (ll A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2l A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3l No objection to the subpoena has been received, and (4l The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/03/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-190219 30B42-L03 "l'fv..,., COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA 'PO PRODUCE DOCUMENTS HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL NATIONWIDE INSURANCE COMPANY llEDICAL AND HOSPITAL BILL X-RAY ONLY INSURANCE TO: SUSAN M. SEIGHMAN, ESQUIRE MCS on behalf of COURTNEY SEDA. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/13/2000 MCS on behalf of COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT CC: COURTNEY SEDA, ESQUIRE - M-076 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-124275 30B42.-COl j I -..- " " ,"- ,,", " - - '"~ [' I_Tr '-,-1 COMMONWEALTH OF PENNSYLVANIA COUNIT OF CUMBERLAND CATHARINE ESTEP VS File No. 00-1452 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NATIONWIDE INSURANCE COMPANY (Name of PeBon or Entity) 'Within h\'enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED .at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or rnaillegible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the rea.sonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOV\1NG PERSON: COURTNEY SEDA, ESQUIRE TWO PENN CENTER, SUITE 910 PHILADELPHIA PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID it: ATIORNEY FOR: THE DEFENDANT NAME: ADDRESS: DATE: ~hN1.L '8 i J0-fX') Seal of the Court ~ 'T<-' ~ , 1 : ^ ~ 1l'i EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NATIONWIDE INSURANCE COMPANY 1000 NATIONWIDE DR. P.O. BOX 2655 HARRISBURG, PA 17110 RE: 30842 CATIIARINE ESTEP Any and all claims files. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 Date of Loss: 04/24/1999 SUlO-251766 30B42-L03 ''''If '-11- ;'1'Bl!11' ~, ~~M~" , 1_!$ImIl1iIllll~~iIiW' " 'w _~. ~_ c"< ,~' _ -,- Rn ."....,~, .""",~~"'I!!I~ffi~I'l'lillli'I!!il_l!li!?1;1 I~~'-' ~~,,~ 0 C:i 0 C a -';"1 '<" --- 'T) ff; c::: ::FI' nlpl f- Z::D i'- 2:(;~: ,p '--"::~ (j)".-. , -<,' 9 ~o :t'.... ~c~ :.::t: :::=-:-:- --"'1 be) '-}C) :J> c':: ro i:-::-j)"i'l z '-j -j t..) ?o -< '0 -< .. ,". ",,' "'i! -~~ ~ ~.._~~tff~f'~~fi' " , , !'.i1!lt' ,"" " '# " , CATHARINE ESTEP, Plaintiff v. WAL-MART STORES, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-1452 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this '1 R day of ~t^rtC'"" lu , 2000, a Rule is issued on the Defendant to show cause why the relief sought within the Petition should not be granted, This Rule is returnable within '-,~ ' -. .,. r -, ,'-I I' /_0 days after the date of service, BY THE COURT: J, c ~ -f}~ q-~jOO ,~ ~lIl1liii1l!llI'"'-""~.~""'~~~iliIllili<.~~~~~1 un srF '""'.o " .;;... ~ TAHY !3 P :~--: ! ~~: I")'~ , .. L~ ,I.... (-'I Il1i,..I".o 'J' ("l" VLi"HX"'.o""'''l II)I.I"'{ ".'",.,,11, ..i'.J \I: PCI\,',\,,,,y"/,, ,II' . r- i ~\,) L.~f'd "P, ( . ~I~""",, ~_I!I~~I' _~,__,,,,,,^~,",,,,,_ ,~'<"~"".'~ ~..,.. ." ,~_h =,-, 1i"~1lO - 1i1*~ ~ 1 . CATHARINE ESTEP, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-1452 WAL-MART STORES, INC. Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND NOW, comes Plaintiff, by and through her counsel, Susan M. Seighman, and Tucker Arensberg & Swartz, and moves this Honorable Court for an Order compelling Defendant to answer Plaintiff's Discovery requests, and in support thereof alleges as follows: 1. On April 24, 1999, Plaintiff was injured while on the premises as a business invitee of Defendant, Wal-Mart. 2. On or about March 13, 2000, Plaintiff filed the above-captioned action against Defendant for said incident. 3. On June 5, 2000, Plaintiff served Interrogatories and a Request for Production of Documents on counsel for Defendant, Courtney A. Seda, Esquire. (See attached Interrogatories marked as Exhibit "A" and Request for Production of Documents marked as Exhibit "B"). 4. Plaintiffs counsel has requested that Defendant's counsel respond to said Interrogatories and Request for Production of Documents (see correspondence marked as Exhibit "C"), 5. Defendant has not timely objected to Plaintiffs discovery and has failed to provide responses to date. "., ',,, -L'---'- ,--", r ,,'" l" ~'_-n' ,- .'-~ - " WHEREFORE, Plaintiff request this Honorable Court for an Order compelling the Defendant to respond to Plaintiffs Interrogatories and Request for Production of Documents without objection or suffer sanctions. Respectfully submitted, TUCKER ARENSBERG & SWARTZ , By: 1lJv) iU'YllUllJ Stephen M. Greecher, Jr. Attorney I.D. #36803 Susan M. Seighman Attorney I.D. #70323 III North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: 1S /2- 1? ) 00 Attorneys for Plaintiff ; I / '" ~'_'^ co." ~ _, _ , TUCKER ARENSBERr & SWARTZ ~.... -" ,. .,', ",y'. '.,' 'I '.",v CELEBRATING A CENTURY OF SERVICE June 5, 2000 Courtney A. Seda, Esquire McDonnell & Associates Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 Re: Catharine Estep v. Wal-Mart Dear Ms. Seda: I have enclosed Plaintiff's Request for Production of Documents and Plaintiff's Interrogatories (First Set). Please provide answers to these discovery materials within thirty (30) days. Thank you for your attention to this matter. Very truly yours, TUCKER ARENSBERG & SWARTZ -~ Susan M. Seighman cc: Ms. Catharine Estep 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 717~234-4121 800-257-4121 FAX 717-232-6802 Pittsburgh . Pittsburgh Airport Area . Greensburg . Lewislown E-mail: tapc@luckerlaw.com www.tuckerlaw.com ~"",l"'ll! :" '- '. r fl' , , . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1452 CIVIL ACTION - LAW JURY TRIAL DEMANDED CATHARINE ESTEP, Plaintiff WAL-MART STORES, INC. Defendant PlAINTIFPS INTERROGATORIES (FIRST SET) DIRECTED TO DEFENDANTS To: Wal-Mart c/o Courtney A. Seda, Esquire McDonnell & Associates Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned your Answers and Objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If, between the time of your Answers and the time of trial of this case you, or anyone acting in your behalf, Ieam of any further infonnation not contained in your Answers, you shall promptly fumish said infonnation to the undersigned by Supplemental Answers. These Interrogatories are addressed to you as a party to this action and your Answers shall be based upon all infonnation known to you, your attomey and any other agents, representatives, or other persons acting on your behalf. "'''"'ft! ,. !-r , , I. DEFINITIONS The following definitions shall apply to these Interrogatories and all other discovery material in this case: 1. "Plaintiff' or "Plaintiffs" refers to all named Plaintiffs herein, their employees, agents, attorneys, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of Plaintiffs. 2. "Defendant" shall mean the answering Defendant, its predecessors or successors in interest, employees, agents, attorneys, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of said Defendant. 3. "Documenf' shall mean all written or printed matter of any kind, whether or not prepared by you or by or on your behalf, and including without limitation letters, correspondence, memoranda, notes, plans, blueprints, sketches, drawings, tables, speeches, press releases, diaries, calendars, agenda, statistics, letters, telegrams, minutes, contracts, purchase orders, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, interoffICe and intraoffice communications, offers, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, worK sheets, worK papers, records of telephone calls or other communications or conversations, and all drafts, alterations, modifications, changes or amendments of any of the foregoing, graphic or aural records or representations of any kind, including but not limited to, photographs, charts, graphs, microfIChe, microfilm, video tapes, recordings, and motion pictures, and electric or mechanical records or representations of any kind, including but not limited to, tapes, cassettes, discs, and recordings. ",-"$Iii Cm_ " ,M,_ ~ I' , c' . . 4. "Communication" shall mean any oral or written statement conveyed by one person or entity to another person or entity, any statement made by one person in the presence of one or more persons, and any document delivered by or for one person or entity to any other person or entity. 5, "Or" and "and" means "and/or", 6. "Identify" (or "identity'1, when used in connection with the words "document", "communication", "act or transaction," "person or lndividuar', "entity", shall be read to call for the following information: (a) When used in connection with a document, (1) the title of the document, (2) its date, (3) the nature and substance of the document with sufficient particularity so as to enable such document to be precisely identified, (4) the identity of the person authorizing or executing the document, (5) the identity of the person to whom the document is addressed and, if known, of each person to whom the document was distributed, (6) any file number used on or in connection with the document, (7) the present physical location of the original document or legible copy thereof; and (8) the full name, present or last known residence and business address and telephone numbers of the person having possession, custody, or control of each original document or legible copy thereof. (b) When used in connection with a communication, (1) the date it was made, (2) the place it was made, (3) the identity of each and every person who participated in such conversation, or made such oral communication, (4) a description of what each such person said during the conversation or oral communication, (5) the identity of each and every person who overheard or was present at said conversation or oral ''fI'!!l_ ..I I-r - , , communication, (6) the manner of such conversation or oral communication [e.g., whether by telephone, face-to-face], (7) the identity of each document relating or referring to such conversation or oral communication, and, if the communication was in writing, set forth the infonnation in (a) above. (c) When used in connection with person or individual: (1) his or her full name, (2) his or her present or last known residence and business addresses, (3) his or her present or last known residence and business telephone numbers, (4) his or her present or last known employer, (5) his or her present or last known job title and the job title at the time of the acts subject to Plaintiffs Complaint, (6) his or her affiliation at any time with Plaintiff, by employment or otherwise, if any, including the nature and dates of such affiliation. (d) When used in connection with a business entity, its name, type of entity (e.g., corporation, partnership, etc.), principal address and place of organization. 7. "Incident" or "accidenf' means the occurrence or event that fonns the basis of the causes of action or claims for relief set forth in the complaint, and more fully described therein. 8. "You", depending on the context, refers to the answering party, or the agent or servant of said party whose action, knowledge, and infonnation are referred to in the Interrogatory. 9. "Person" means any individual, finn, partnership, corporation, association, business or govemmental entity or subdivision, agency, department, and any "person" acting by or through, direcUy or indirecUy, any other "person" as well as any "person" by whom such "person" was controlled with respect to the matter in question. ","';l'~~~ ..., - -j 'i-'W II. INSTRUCTIONS 1. In construing these interrogatories, words used in the singular shall include the plural, and words used in the plural shall include the singular number as well. Male, female and neuter terms shall refer to all persons, regardless of gender. 2. Each interrogatory answer is to be set forth separately. When interrogatories contain separately numbered or lettered paragraphs, each paragraph should be answered separately. 3. If the responding party encounters any ambiguity in construing an interrogatory, the party shall set forth the matter deemed "ambiguous" and set forth the construction used in its answer. 4. If any information is requested by an interrogatory on a calendar basis, and the defendanfs or other entity's company fIScal year differs from a calendar year basis, it will be acceptable to so state, identify the fiscal years (with starting date) involved, and supply the information requested on a company fISCal year basis if the information is more readily available in that form. 5. These interrogatories shall be deemed continuing so as to require additional answers if further information is obtained from the time the answers are served to the time of trial. 6. If an interrogatory calls for the identity of a document or non-written communication claimed by defendant to be privileged, include in the identification of the document or non- 1. :-:1," written communication such claim of privilege and the factual predicate and legal basis for the assertion of such claim. 7. Should it be more convenient to produce copies of relevant documents instead of "identifying" them, as per Definition 6 (a) -(d), when that is requested, the answering party may produce true and correct copies of any such documents, including drafts and other variations therefrom, if that party identifies to which interrogatories each document is responsive. However, if any of the infonnation about such document requested in Definition 6 (a) through (d) is not apparent from its face, the answering party shall supply this infonnation in addition to the supplied document. In addition, if the answering party attempts to produce documents in lieu of a written answer, such answering party shall still be required to identify the documents in question by describing the type of document (e.g., "invoice", "contract", "accounts receivable ledger", etc.) and the nature of its contents. Upon such identification and production, plaintiff will waive the remaining requirements of Definition 6 (a) through (d), subject to the above state reservation. 8. To the extent that the interrogatories are repetitive and fully answered elsewhere, they need not be answered twice, if a cross-reference to the appropriate answer, or subpart of an answer, if applicable, is given. Additionally, if the defendant incorporates an answer previously given, the defendant shall specifically indicate that part of its previous answer which is responsive to the specific interrogatory and its subparts herein. 9. With regard to your answers to Interrogatories, in answering the same, state: a. The name, address and affiliation with the defendant of each of the persons who were consulted in answering the question. 1"""'~_ . .,- ~....,..... !' "1" b. Identify each and every document relied upon in answering the question. c. Identify each and every document examined the answering the question. d. Provide the name and address of every person whom you believe may have additional information to the question. e. Identify each and every document you believe may have additional information relevant to the question; and f. Provide the name and address of the person or persons of whom you are aware who are prepared to swear to the accuracy and completeness of the answer given to the question. 10. Provide the name and address of any person or persons of whom you are aware who disagree with any part of the answer given to the question or to its completeness or to the choice of words or phrases used. 11. Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer. The statement of an objection shall not excuse the answering party from answering all remaining interrogatories to which no objection is stated. .1"_ ~ > -, ~- I' --I" " III. INTERROGATORIES 1. State your full name and address, and the names of each officer or employee assisting in the preparation of your answers to these interrogatories. ANSWER: ;~~1m ,~l' I~ 2. Insurance. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: (a) The name of the insurance carrier, which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s} and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: -""t'Il, - - -I rr '01"';~~' ~"~ 1 '"; 3. Factual basis for claims and defenses. state with particularity the factual basis for each claim or defense you are asserting in this case. ANSWER: ,- '1-1 " ~ 4. Wrtnesses. (a). Please identify each person who was a witness to any of the facts set forth in the pleadings in this case through sight or hearing and/or has knowledge of facts conceming the happening of any of the facts set forth in the pleadings in this case or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. (b) With respect to each person so identified, state that person's exact location and activity at the time of any of the facts set forth in the pleadings in this case and whether that person actually witnessed the accident. ANSWER: .~,,~ I , -'" '('I" 5. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, please state the identity of such person; when, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and the identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 'C'I '1',' .__.;-,[ " 6. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, please state the nature or type of such item, the date when such item was made, the identity of the person that prepared or made each item and the subject that each item represents or portrays. ANSWER: -..,~ ,~, '-." ---"-1"- I.-I' 7. If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify each person, and the employer of each person, who conducted any investigation(s); and all notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: .. 1'1--- ", , 8. Trial witnesses. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: >"l",,~ -., I ' "-r 9. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state the subject matter about which the expert is expected to testify; and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this Interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER: "Q00'lIl " . -'T-I'!' ~T' 10. Expert witnesses. State the qualifications of each expert listed herein, including schools attended, past and present professional employment, experience within his or her field of expertise, list of publications, etc., and list each such expert's professional licenses and registrations, including the issuing jurisdiction and the dates thereof, state whether any such licenses or registrations were ever suspended, revoked, terminated or restricted in any way and the basis therefor and relevant dates thereof, and identify all legal proceedings in which such expert testified within the past fIVe years on behalf of answering defendant and the amount of fees generated therefrom. ANSWER: I " I , "j,"'~ I r ~" - 11. Expert witnesses. Identify all factual infonnation, including all documents, reports, test data, records and/or tangible things fonning the basis of each expert opinion identified herein, identify all individuals whom each expert listed herein has interviewed or consulted to prepare each opinion listed herein, identify all documents, including test results or reports, prepared to support each opinion listed herein and identify all exhibits prepared therefor. ANSWER: -- 12. Trial exhibits. Identify all exhibits that you intend to use at the mal of this matter and state whether they will be used during the liability or damages portions of the mal. ANSWER: p.,,~ -..........,- -! ~"- r I' '-,- 13. Admissions. If you intend to use any admission(s) of a party at trial, identify each such admission(s). ANSWER: '~1!';i!~- - f_-I"'" 14. In April of 1999, who was responsible for maintaining the aisle where this incident took place, placing the pallet in this aisle and placing material$on the pallet? ANSWER: , -e'"~~l' 1'1' ~. > .' - ~ ~- 15. Describe the procedures and methods used by Defendants in April of 1999 in maintaining the aisle where the incident took place. placing the pallet into this aisle and placing materials on the pallet. ANSWER: f'~ -,- , r II- 16. Throughout April of 1999, were there any inspections or examinations of the area of the store where this incident occurred, either before or after the incident, if so please state: (a) The purpose of such inspection(s) or examination(s); (b) When any inspections or examinations were scheduled to be made and by whom; (c) The times when any inspections or examinations were made and by whom; (d) Whether there is any documentation relating to the schedule of the inspections or examinations (if so, identify such documentation); and (e) Whether there were oral reports made with respect to any inspections or examinations (if so, identify such oral reports). ANSWER: 17. Did you or any employee receive any complaint, warning or other notice c()nceming a dangerous or defective condition pertaining to the pallet protruding into the aisle prior to Plaintiffs accident? If so, for each complaint, warning or other notice, please state when it was received; the person by whom it was given; whether is was written or oral and, if oral, the substance of it; the name of the person who received it; and whether any action was taken as a result of it and, if so, a description of the action and the time at which it was taken. ANSWER: ''''''-''w...., 18. Prior and/or subsequent to Plaintiffs fall, are you aware of anyone else falling in the aisle where this incident took place? If so, state the name of the person and their address, the location of the fall, the date of the fall, and any written documentation regarding or describing these incidents. ANSWER: '''Wlfp ~ I r~ -,^' 19. Describe in detail your understanding of how this incident took place including setting forth the time of occurrence, exact location of occurrence, conditions at the site of the occurrence and what you understand caused Plaintiff to fall. ANSWER: rl' 20. Please state the number of employees that were working at the time of the accident at issue, and indicate their names, addresses, telephone numbers, position held and duties that each employee was perfonning on April 24, 1999. ANSWER: 'I ;1 :! i 1 -I j I ,1 i I j i J :1 I 1 "I ., T'~'M. , f" 1~,7A ,j ;'1 t\~~ < 21. Please state whether other accidents similar to the accident suffered by Plaintiff occurred in the same Wal-Mart store where the Plaintiff's accident occurred and if so, indicate the name of the person that suffered the accident, the address of that person, the date of the accident, the injuries sustained, if any, the location of the accident within the store and a brief description of how the accident occurred. ANSWER: . ~- ,--" ,--- r<r'~~ .---, 22. Please state whether other accidents similar to the accident suffered by Plaintiff occurred in other Wal-Mart stores and if so, indicate the address of the store, the name of the person that suffered the accident, the address of that person, the date of the accident, the injuries sustained, if any, the location of the accident within the store and a brief description of how the accident occurred. ANSWER: Respectfully submitted, TUCKER ARENSBERG & SWARTZ BY:~ ~~ Stephen M. Greecher, r. Attorney 1.0. #36803 Susan M. Seighman Attorney I.D. #70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: J l.Lvt-e. 5, WW Attorney for Plaintiff 7<";:II.~~ - I-I' ~.. - CERTIFicATE OF SERVICE AND NOW, this S-*' day of ~ , 2000, I, Shaun M. Kovach, secretary to Susan M. Seighman. Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Courtney A. Seda, Esquire McDonnell & Associates Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 ~Jffi m .~ Shaun M. Kovach -J~J!, -;-'1 ~ -- 'r-I-; CATHARINE ESTEP, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-1452 WAL-MART STORES, INC. Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT To: Wal-Mart clo Courtney A. Seda, Esquire McDonnell & Associates Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 AND NOW, this ~ay of June, 2000, pursuant to PaRC.P. S4009, as amended, comes the Plaintiff, Catharine Estep, by her counsel, Tucker Arensberg & Swartz, and represents the above-named parties to make available to Plaintiff copies of the following documents within thirty (30) days of service of this request: 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to, or describing of the events described in Plaintiff's Complaint and in the Interrogatories. 2. All expert opinions, reports, summaries or other writings in the custody or control of Defendant, or its attorneys or insurers which relate to the subject matter of this litigation. -"'''r~ __"","", f'W - 3. All documents identified in Defendant's Answers to Interrogatories propounded to date and Interrogatories propounded in the future in this action, and all documents reviewed by Defendant or anyone acting on behalf of the Defendant in the preparation of Answers to the foregoing Interrogatories. 4. All documents prepared by Defendant, or by any insurer, representative, agent or anyone acting on behalf of said Defendant, except its attorneys, during the investigation of the incident in question or any of the events or allegations described in Plaintiff's Complaint or Answers to Interrogatories. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. 5. All documents you intend to offer in evidence at trial of this case. 6. All maps, drawings, sketches, photographs, motion pictures, videotapes and similar documents with respect to any matter at issue in this case including film from any security camera. 7. All accident reports prepared with respect to the accident at issue in this case. 8. All accident reports prepared with respect to similar accidents that occurred in the Wal-Mart store where the Plaintiff was a customer at the time of the incident at issue in this case. 9. All accident reports prepared with respect to similar accidents that occurred in other Wal-Mart store locations. i I .."'~ ~ r~I-]O 10. All summaries or notes of any conversation with any witness or person with respect to any matter that is at issue in this case except for any materials protected from discovery as attorney work products. 11. All medical records, medical reports and medical bills regarding the Plaintiff in the custody or control of the Defendant, including, but not limited to, those medical records, reports and bills for treatment of the injuries the Plaintiff received as a result of the accident set forth in Plaintiffs Complaint. Note, you need not provide any documents responsive to this request that were sent to you by Plaintiffs counsel. 12. Any manuals, procedures and rules regarding maintenance of the store, its floors and aisles. 13. Any manuals, procedures and rules regarding the placement of pallets, materials placed and stored on the pallets and display of materials placed and stored on the pallets. 14. Any reports of any investigation carried out with respect to this matter or any matter at issue in this case on behalf of Defendant. 15. If not otherwise covered by the above requests, the complete claim, investigations, subrogations, no-fault file(s) of any of your insurer(s) or of yourself dealing with the incident in question or any other person, firm or entity that has acted on your behalf with the exception of the mental impressions, conclusions or ideas respecting the value or merit of a claim or defense and respecting strategy or tactics and any material protected from discovery as attorney work product. ~- ,. """"'llI ~-1'- 1_": [NOTE: As referred to herein, ''document'' closed 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, reporls, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether Defendants is now in possession, custody or control of the original) now in the possession, custody or control of the Defendants, his former or present counsel, agents, employees, officers, insurers or any other person acting on his behalf.j TUCKER ARENSBERG & SWARTZ BY:~~ Stephen M. Greecher, J . Attorney I.D. # 36803 Susan M. Seighman Attorney I.D. #70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Attorneys for Plaintiff ,'N!l!~ ,"" ~. " - - . ~ ., 1 r-,- CERTIFicATE bF SERVICE AND NOW, this ~ day of ~ ' 2000, I, Shaun M. Kovach, secretary to Susan M. Seighman, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Courtney A. Seda, Esquire McDonnell & Associates Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 ~1A\. "'YY\.~ Shaun M. Kovach i,-,.reu TUCKER.AR.ENSBEF &5 SWAR.TZ .... ~ . 4' .,1'::.., ..... I ' ~ CELEBRATING A CENTURY OF SERVICE susl!)' fi teig~an p ,if'; j", U' sseifmtl:c~aw.co U f r July 11, 2000 Courtney A. Seda, Esquire McDonnell & Associates Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 Re: Catharine Estep v. Wal-Mart Dear Ms. Seda: On June 5, 2000, I served you with a first set of Plaintiffs Interrogatories and Request for Production of Documents. To date, I have received no response to these discovery requests and thirty (30) days have elapsed since the date of initial service. Please provide me with answers to such requests. Thank you for your attention to this matter. Very truly yours, TUCKER ARENSBERG & SWARTZ . 'I. I " 'Xl-U.i~ ~.~ Susan M. Seighman ~ cc: Ms. Catharine Estep 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108~oa89 717-234-4121 800-257-4121 FAX 717-232-6802 Pitlsburgh . Pittsburgh Airport Area . Greensburg . Lewislown E-mail: tapc@tuckerlaw.com www.tuckerlaw.com ')l!!!!;. c ~ " "' I; . . . . . . CERTIFICATE OF SERVICE AND NOW, this '2::D*- day of ~ ,2000, I, Shaun M. Kovach, Secretary to Susan M. Seighman, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Courtney A. Seda, Esquire McDonnell & Associates Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 \~'YYI.~ Shaun M. Kovach .wma "-, Tl: . I"~ . , JI!lI!" UWIIIIIIIJI8IJIIl!" !Il~ ~-,...,.=_ . ~.~ - """,~!!l!Wl'li'''''''_''l''' -= ~-~ "~ , . (" (-,. " () C~ ~-=) ~. . ,') 60, 1 --J :J -. I . 0:) c-, ','J ~~:: l~:J ., :"'-~" .' ...-:_. ., s;: "n,_ l_) ',"I ~ -1 :_'-) .!:,. ::.,:; (1' -< """"'''M~~lII!l_~,"-" _~,~R)~"""!, :""""""'!~ .. , "")j'.,~~ . .. ., .. y ..1 .,. CATHARINE ESTEP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL.VANIA NO. 00-1452 v. WAL.-MART STORES, INC. Defendant CIVIL. ACTION - LAW JURY TRIAL. DEMANDED PRAECIPE TO WITHDRAW PL.AINTIFF'S MOTION TO COMPEL DISCOVERY TO THE PROTHONOTARY: Please withdraw the Motion to Compel Discovery that was filed on behalf of Plaintiff, Catharine Estep on September 6, 2000. A Rule to Show Cause was issued by the Honorable Wesley Oler, Jr. on September 7,2000. Thank you for your attention to this matter. Respectfully submitted, TUCKER ARENSBERG & SWARTZ . B'~~ /' Susan M. Seighma J.D. No. 70323 P.O. Box 889 111 North Front Street Harrisburg, PA 17108 ATTORNEYS FOR PLAINTIFF ,-.,.-, --" -. ~ ' - -, .~~ 1'- ' ~ . , . 1i\l1IIIl ~~ ~ ~"''''''~~''~'"1 ,-' ~ ~ ~~ "-~" , IT II . g 0 0 0 -rl :;-;:: (.I) "...-1 -OW I"" ~:1i ;Q rn f11 -u , z::ti N ~:~t? Z'i: 0-' (I:l " o~J~ ~~ ~L-: t<G1 -"0 ~ ZC ~J~' ~~C) ~6 --::"'rp );>c.: ~? g' ~.> ~ :b .:::- '-< """~IiI!!l~~~lI!~~j~_.."""", ~ ~'!:r~'~_~~~-: CATHARINE ESTEP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WAL-MART STORES, INC., Defendant NO. 00-1452 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of September, 2000, upon consideration of Plaintiffs praecipe to withdraw the motion to compel discovery, the rule issued on September 7, 2000, is discharged. BY THE COURT, '.~ ('0 tl <>;4 J Susan M. Seighman, Esq. 111 North Front Street P.O. Box 889 Harrisburg, P A 171 08-0889 Attorney for Plaintiff Courtney Seda, Esq. Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 Attorney for Defendant :rc 'i~ _"__;'_ FOr'"' ,~~, _do ~ _ '0 -"1'-"'1' " _,.....J "~, "-""'fij -.....I_..~~~~~__~w;&.;fii.... :L ,,;[IT--I,, .~--'."'~' _'""'i''''f.''''''_ -_~I" -___~.'_,=>;"..~ - "'_ ~- ...L,~ ,<< ,-"<C<'," .- ~'. "'ll!iillli ".~J.l.t ~ ,~ '.'<' ('"j- 1-" ." Fit [~D--"C)::T!GE ... , '(""'..:('\!.,!("jT/\lqV ,.. '''__' 'IL~'Ir\l j GiG I q:O?8 Pi": I' I ~ '-,__I ,~. . . i .;.tv CUlvjBERU~\;D COUNTY PENNSYLVA\lIA ~ ,. . \. ._ ," ';~ '.1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. .~s a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~~(~. DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-22201730842-L04 '-''l>'i!w - -:~ "'-.' - "'" ~~". . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: SUSAN M. SEIGBMAN, ESQUIRE MCS on behalf of COURTNEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your 'espense by completing the attached counsel card and returning same to MCS or by contacting our local MeS office. DATE: 11/10/2000 MCS on behalf of COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT . CC: COURTNEY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE MCS GROUP IRC. 1601. MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-131137 30B42-COl <-'-''''~~ I - , ~ . RECOliIlS REQUESTED MEDICAL AND. HOSPITAL BILL X-RA1~ OBLY MEDIC'oAL AND HOSPITAL BILL X-RAY OBLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDIC'oM. AND HOSPITAL BILL X-RAY OBLY MEDIC'oM., BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDIC'oM., BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAyeS) EMPLOYMENT INS1fflAIICE INS1fflAIICE MED1(:.\L, BILLING, AND X-RAY(S) MEDIC'oM., BILLIlfG, AND X-RAY(S) _~f.~~ 1l1,l\!.l..._. ,_ -, >>> LOCATION LIST <<< I I PAGE: 1 LOCATION NAME HARRISBURG HOSPITAL HARRISBURG HOSPITAL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COMKtIIIITY GEN. HOSPITAL COJOOlIIITY GEM. HOSPITAL HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER DAVID A. LONG, H.D. ANDREA MARIII, MD WILLIAM J. POLACBECK, JR. ,H.D. HCCUEN r. ASSOCIATES, PT GANNET FLEMING, INC . BLUE CROSS BLUE SHIELD HAMPDEN AKIlULAIICE SERVICE VISITING IlURSE ASSOCIATION DE02-137137 30842-COl , . , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS File No. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL IN/OUTPATIENT RECORDS (Name of Person or Entity) Wilthin twenty (20) days after service of this subpoena, you are ordered by the rourt to produrethe following documents or things: SEE t<TT.'.GHEB at MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103' (Address) You may deliver or mail legible ropies of the documents or produrethings requested by this subpoena, together with the re"tificate of romplianre, to the party making this request at the address listed above. You have the right to seek. in advanre, the reasonable rost of preparing the ropies or produdng the things sought. If you fail to produre the documents or things required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a rourt order rompelling you to romply with it. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA, SUITE 910 PHlLA. ,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT U> II: ATTORNEY FOR: THE DEFENDANT DATE: n(J-tH~ -' :L ~) . (~ ProlhonoIUYfC\er~ iv' Ivision ~_~ 0- fl..t.,le<. - ~ Deputy , Seal of the Court (Eff. 7/97) ,~l~ ~ ~ "" ~ I . , , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 101 S. FRONT STREET HARRISBURG, PA 17101 RE: 30842 CATHARINE ESTEP INCLUDING IN/OUT PATIENT RECORDS & ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. nates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 SU10-276212 30842-L04 I ""Fl'r" 1''''111 ,__or : - I ~ r= , , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF IN'l'EN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note. see enclosed list of locations ] TO. SUSAN K. SEIGHMAN. ESQUIRE KCS on behalf of COURTNEY SEDA. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from th\! date listed below in which to file of record and S\!rve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena. may. be served. Complete copies of any reproduced records may be ordered at your'expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE. 11/10/Z000 KCS on behalf of COURTNEY SEDA. ESQUIRE Attorney for DEPENDANT CC. COURTNEY SEDA. ESQUIRE - K-076 Any questions regarding this matter. contact THE KCS GROUP mc. 1601 MARKET STREET #aoo PHILADELPHIA. PA 19103 (215) 246-0900 DE02-137137 30842 - C 01. ""7~_ 1-"- , ',-I' , . , qCO~S REQUESTED MlDICAL AND HOSPITAL BILL X-RAY ONLY MlDIC'.AL AND HOSPI'l'AL BILL X-RAY ONLY MEDIC:AI, AND HOSPI'l'AL BILL X-RAY ONLY MlDIC:AL AND HOSPI'l'AL BILL X-RAY ONLY MlDIC:AL, BILLIlIIG, AND X-RAY(S) MlDIC:AL, BILLIlIIG, AND X-RAY(S) MlDIC'.AL, BILLIlIIG, AND X-RAY(S) MlDIC:AL, BILLIlIIG. AND X-RAY(S) EMPLOYMEN'l' rBSUlAlIICE IBSUlAlIICE MlDI(:AL, BILLIlIIG, AND X-RAY(S) MlDIC:AL, BILLIlIIG, AND X-RAY(S) ,~""'~ " , '-' >>> LOCA'1'IOR LIS'l' <<< i-I PAGE. 1 LOCA'1'lOlll \lAME IlARRISBURG HOSPITAL HARRISBURG BOSPI'l'AL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COHHlJlllI'l'Y GO. HOSPITAL COHHIJlIII'l'Y GO. HOSPITAL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElII'l'D. DAVID A. LORG, M.D. ANDREA HAIIlIII, MD WILLIAM .J. POLACBECK, JR. ,M.D. MCCUElII , ASSOCIATES. PT GAlIIlIIET FLEMIlIIG, IlIIC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISITIlIIG lIIURSE ASSOCIATIOlll DE02-l3n37 30B42-COl - -,-~ ,. . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS File No. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL IN/OUTPATIENT RECORDS (Name of Penon or Entity) Wilthin twenty (201 days after service of this subpoena, you are ordered by the (our! to produ(e the following doc:uments or thiJrtgs: SEE ...~~TT:.."~GllEB at MCS GROUp INC.. 1601 MARKET ST., 1/800, PHILA.,PA 19103. (Addreoal You may deliver Or mail legible (opies of the doc:uments or produ(e things requested by this subpoena, together with the (ertificate of (omplian(e. to the party making this request at the address listed above. You have the right to seek, in ad"an(e, the reasonable (ost of preparing the (opies or produdng the things sought. If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a (Our! order (ompelHng you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: COURTNEY A. SEDA, ESQUIRE 2 PENN CENTER PLAZA, SUITE 910 PHILA. ,PA 19102 NAME: ADDRESS: TELEPHONE: 215.~246-0900 SUPREME COURT 1Dt: A1'TORNEY FOR: THE DEFENDANT DATE: rJ.JrlUAAAJ-Ui .2 QLU1tO . BY~E COURT: ~ ~ 12. : Prothonolaly. 'JI;,u Division q".vu, (2 'n-t.//J:, , Deputy Seal of the Court (Eff 7/97) '!1'~~ -.1 I. . EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 101 S. FRONT STREET HARRISBURG, PA 17101 RE: 30842 CATHARINE ESTEP Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. S1I1bject : CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171.38-0829 Date of Birth: 02-25-1935 SUlO-276214 30B42-LOS ~,,,,"l"'ffl"l ~ " ,~ , I'" , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-2220l9 30B42-L06 , ~'1~~1'- ,,"'- "' . - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -vs- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF IN'l'ENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations J TO: SUSAN M. SEIGBMAN, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fram the date listed below in which to file of tecotd and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may" be served. Complete copies of any reproduced records may be ordered at your "expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DA'1'E: 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEFENDANT " CC: COURTlIIEY SEDA, ESQUIRE - M-076 Any questions regarding this matter. contact THE MCS GROUP IlIIC. 1601. MARKET STREET #SOO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l3n37 30B42-COl "~- '" .. ., "'" ~ ~, I - , RECQRDS REQUESTED MEDICAL AND HOSPITAL BILL X-IIAY ONLY MEDICAL AlIID HOSPITAL BILL X-KAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPI'1'AL BILL X-IIAY ONLY MEDICAL, BILLIIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIIIG, AND X-RAY(S) MEDICAL, BILLIIIG, AlIID X-KAyeS) EKPI.OYMEN'l' IIISURAlIICE IIISURAlIICE MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-KAyeS) "''''11 _~~~_ ~. . ", >>> LOCA'l'IOlll LIS'l' <<< PAGE. 1 LOCATlOlll \lAME BAlUlISBURG HOSPITAL IlARRISBURG HOSPI'1'AL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COMMDlllI'l'Y GO. HOSPITAL COMMDllll'l'Y GO. HOSPITAL HERSHEY MEDICAL CElIITER HERSHEY MEDICAL CElIITER DAVID A. LOlIIG, M.D. ANDREA HAIIlIII, MD WILLIAM .J. POLACHECK, .JR. ,M.D. MCCUElII , ASSOCIATES, PT GAlIIlIIET PLEMIIIG, IIIC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VlSI'l'IlIIG lIIURSE ASSOCIATIOII DE02-13n37 30B42-CO 1. . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS File No. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 . TC): CUSTODIAN OF RECORDS FOR: SEIDLE MEMORIAL HOSPITALI IN AND OUTPATIENT. RECORDS (Name of Penon or Entity) Within twenty (20) days after servi<e of this subpoena, you are ordered by the (our! to produ(e the following doc:uments Or things: SEE ..\!l'T..~,Gl1EB at MCS GROUP INC., 1601 MARKET ST., 1/800, PHILA, ,PA 19103 e' (Addressl You may deliver or mai/legible copies of the do<uments Or produce things requested by this subpoena, together with the (enifiute of (omplian(e, to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies or produdng the things sought. If you fai/to produ(e the doc:uments or things required by this subpoena, within twenty (20) days after its servi<e, the party serving this subpoena may seek a (our! order (ompelling you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA, SUITE 910 PHILA"PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT IDt: A1rTORNEY FOR: THE DEFENDANT DATE: 7tv-r.w... P~.) .2 oLn/1) , 0;thonoWy/CI C II Division (2 'n.tJ I J: . Deputy Seal of the Court (Eft. 7/97) r">w_ ,_ 0.. ., .r ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SEIDLE MEMORIAL HOSPITAL - 120 S. FILBERT STREET MECHANICSBURG, PA 17055 RE: 30842 CATHARINE ESTEP INCLUDING IN/OUT PATIENT RECORDS & ABSTRACTS IF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present, Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 SUI0-276216 30 B 42 -LO 6 ,'1'l_~ ~~ ~. " ". - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA. ESQUIRE certifies that (1) A notice of intent to Serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) Th~ subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222020 3084Z-LO 7 "f"It;, "'~ ~~ , ,~- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF. COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO. SUSAII M. SEIGBHAN, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frOllll the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local KCS office. DATE. 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEPEHDAlIIT . CC: COURTNEY SEDA, ESQUIRE - K-076 Any questions regarding this matter, contact THE KCS GROUP IlIIC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l3n37 30B42-COl -W~ ~ !~~ ~~IItIIlIII~ -I I" --I . UCOIU)S UQUES'l'ED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-KAY ONLY MEDICAL AlIID BOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-KAyeS) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMbT IlIISU1iAlIICE Ill'SUlRAIICE MEDICAL, BILLING, AND X-KAyeS) MEDICAL, BILLIlIIG, AND X-KAyeS) '''''11~~~ -~ , . >>> LOCA'l'IOR LIS'l' <<< ," T'rr- PAGE. 1 LOCA'1'IOlll \lAME IlARRISBURG HOSPITAL IlARRISBURG HOSPITAL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPI'l'AL COHMlJlIII'l'Y GO. HOSPITAL COMMDRI'l'Y GElII. HOSPITAL HERSHEY MEDICAL CElIIUR HERSHEY MEDICAL CENTER DAVID A. LONG, M.D. ANDREA MAtlHI, MD WILLIAM .J. POLACHECK, JR. ,M.D. HCCUElII , ASSOCIATES. PT GAlIIlIIET FLEKING, IlIIC . BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISI'l'ING lIIORSE ASSOCIATION DE02-l31l37 30B42-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS FileNo. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TC): CUSTODIAN OF RECORDS FOR: SEIDLE MEMORIAl HOSPITAL/ IN AND OUTPATIENT RECORDS (Name of Person or Entity) Wilhin twenty (20) days after servke of this subpoena, you are ordered by the (ourlto produ(e the following do<uments Or things: SEE f..TT..\CIIEB at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) YOIll may deliver or mail legible (opies of the doc:uments or produ(e things requested by this subpoena, together with the (erlifkate of (omplian(e, to the party making this request at the address listed above. You have the right to seek, in ad"an(e, the reasonable (ost of preparing the (opies or produdng the things sought. If you fail to produ(e the dO<umenls or things required by this subpoena, within twenty (20) days after its servi(e, the party serving this subpoena may seek a (our! order (ompelling you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA, SUITE 910 PHILA. ,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT It) It: ATTORNEY FOR: THE DEFENDANT DATE: )!Jh-tWAAAfoJ' J..C)hJV . BYTHECO~R>> e '. _ C,.k- ~~ q;thonOlary/Clerk; }Y Division t2. Ivt,~.ll -' Deputy Seal of the Court (Elf. 7/97) '''I!~ 11 , ' EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SEIDEL MEMORIAL HOSPITAL 120 S. FILBERT STREET MECHANICSBURG, PA 17055 RE: 30842 CATHARINE ESTEP Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 SUlO-276218 30B42-L07 .--~ti _,'t" !'I-' ,"V"e" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOnA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -vs- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is, identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-22202130B4Z-L08 ij'~<-~ r I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO. 00-1452 WAL-MART STORES, INC. , ri NOTICE OF INTEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note. see enclosed list of locations ] TO. SUSAN M. SEIGBMAN, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE int"nds to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frcm the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may'" be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE. 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEFENDA!lT . CC. COURTlIIEY SEDA, ESQUIRE - H-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l37137 30B42-COl "\1. ~_ ~ _1 "'~ -" >>> LOCA'l'IOR LIS'l' <<< PAGE. 1 RECORDS UQUES'l'ED MEDICAL AND HOSPITAL BILL X-RA:f ONLY MEDICAL AND HOSPIUL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AJ. BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAf ONLY MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLDlG, AND X-RAY(S) MEDICAL, BILLDlG, AND X-RAY(S) EMPLOYMEN'l' IlIISUJIAlIICE INSURAlIICE MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-KAyeS) -", ~-' ~ l' I' LOCA'1'10R \lAME IlARRISBURG HOSPITAL HARRISBUEG HOSPITAL SEIDLE MEMORIAL HOSPITAL - SEIDEL HEMORIAL HOSPITAL COMMUlllI'l'Y GO. HOSPITAL COHHIJlIII'l'Y GO. HOSPITAL HERSHEY MEDICAL CUTER HERSHEY MEDICAL CElIITER DAVID A. LOlllG, M.D. ANDREA MAlIIlIII, MD WILLIAM .J. POLACBEClC, JR. ,H.D. HCCUElII , ASSOCIATES, PT GAlIIlIIET FLEMING, INC. BLUE CROSS BLUE SHIELD BAMPDU AMBlILAIICE SERVICE VISITIlIIG lIIURSE ASSOCIATION DE02-l3n37 30B42-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS File No. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL HOSPITAL (Name of Penon or Entity) Within twenty (20) days after servke of this subpoena, you are ordered by the (our! to produ(e the following doc:umenls Or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 (Ad_.l PHILADELPHIA PA 19103 You may deliver or mail legible (opies of the doc:uments Or produ(e things requested by this subpoena, together with the (ertifkate of (omplian(e, to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies Or produdng the things sought. If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (201 days after its servke, the party serving this subpoena may seek a (our! order (ompeIHng you to (om ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA. SUITE 910 PHILADELPHIA PA 19102 TELEPHONE: (21~) 246-0900 SUPREME COURT 1.#: ATTORNEY FOR: THE DEFENDANT Seal of the Court DATE: //-3 -Co (Eff. 7/97) ",1'j~lI!IIII!!IIlIl! , . . I~I - :: " 'i " :'1 'I il H ;'1 ',,,,,~~,~~ , - EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GEN. HOSPITAL 4300 LONDONBERRY RD. HARRISBURG, PA 17109 RE: 30842 CATHARINE ESTEP INCLUDING IN/OUT PATIENT RECORDS & ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02.25-1935 SU10-276220 30 B 42 - LOB ! - - ~ , If'" - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOElllA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222022 3084Z-L09 -;~~-- , " ~, r;- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO. SUSAII M. SEIGIIMAlII, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may. be served. Complete copies of any reproduced records may be ordered at your "expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEPElIIDAN'l' . CC: COURTlIIEY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-137137 30B42-COl ,:"~!"-~ - ~-- -r- 1--- >>> LOCA'l'IOR LIS'l' <<< RECORDS UQUES'l'ED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-KAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-KAyeS) MEDICAL, BILLIlIIG, AND X-RAY(S) EMPLOYMElll'l' IlIISURAlIICE IlIISUlWfCE MEDICAL, BILLIlIIG, AND X-KAyeS) MEDICAL, BILLIlIIG, AND X-RAY(S) ~;~""~-".",,. '" -r.l- PAGE. 1 LOCA'l'IOlll \lAME HARRISBURG HOSPITAL IlARRISBURG HOSPI'l'AL SEIDLE MEHORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COHHlJlllI'l'Y GO. HOSPITAL COMHUIfI'l'Y GO. HOSPI'l'AL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElII'l'D. DAVID A. LOlllG, M.D. ANDREA MAIlIIII, MD WILLIAM .J. POLACHECK, JR. ,M.D. MCCUElII , ASSOCIATES, PT GAlIIlIIET FLEMING, IlIIC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISITING lIIURSE ASSOCIATIOlll DE02-l3n37 30B42-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS F'l N 00-1452 CIVIL leo, WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . T(): CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC/ IN & OUTPATIENT RECORDS (Name of Penon or Entity) Within twenty (20) days after servi<e of this subpoena, you are ordered by the (our! to produ(e the following doc:uments or things: gEE k'fIA~HEIl at MCS GROUP INC, , 1601 MARKET ST" #800, PHILA"PA 19103 (Addressl You may deliver Or mail legible (opies of the doc:uments or produ(e things requested by this subpoena, together with the (ertifi<ate of (omplian(e, to the party making this request at the address, listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies Or produdng the things sought. If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (20) days after its servi<e, the party selrving this subpoena may seek a (our! order (ompeIIing you to (omply with it, THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE AIDDRESS:2 PF.NN CF.NTF.R PT.AZA. SUTTF. 910 PHILA. ,FA 19102 TELEPHONE: 710;-?46-0900 SUPREME COURT rD.: ATTORNEY FOR: THF. DF.FF.NDANT DATE: 71..1~LlLo~/fJ. ~ .:J :1071iJ , BY THE COURT' ~ (lJ..-I-,; 1? ,: ProthonotaryfCl "cdil Division ~{l~ Seal of the Court (Elf. 7/97) ""', ~ ~~ ,., , r . I-'~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GEN. HOSPITAL 4300 LONDONBERRY RD. HARRISBURG, PA 17109 RE: 30842 CATHARINE ESTEP Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 SUlO-276222 3 OB4Z-LO 9 -'~m1~I'WI,~ ,." I-I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOnA PURSUANT TO RULE 4009.22 IN TilE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222023 30B42-L10 ~f\<!~~~ ~ ~_". COMM:ON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note. see enclosed list of locations ] TO. SUSAl\l M. SEIGBMAIiI, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena, may. be served. Complete copies of any reproduced records may be ordered at your'expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE. 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEFENDANT . CC. COURTlIIEY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #aoo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l37137 30B42-CO 1 .- ,- ~". r ~ UCOlUlS IlEQUES'l'ED MEDICAL AIID HOSPI'1'AL BILL X-RAY ONLY MEDICAL AIID HOSPITAL BILL X-RAY ONLY MEDICAL AIID HOSPITAL BILL X-RAY ONLY MEDICAL AIID HOSPITAL BILL X-RAY ONLY MEDICAL, lULLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, lULLING, AND X-RAY(S) EMPL9YMEN'l' INSUUlIICE INSUUlIICE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, ISILLING, AND X-RAY(S) ~""-"-~ ~ "~ ~ -- ~, >>> LOCA'l'IOR LIST <<< r~1 PAGE. 1 LOCA'1'IOlll \lAME BARRISBURG HOSPITAL BARRISBURG HOSPITAL SEIDLE MIlMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPI'1'AL COMMUllI'l'Y GER. HOSPITAL COHHlJlllI'l'Y GER. HOSPITAL HERSHEY MEDICAL COTER HERSHEY MEDICAL CElII'1'D. DAVID A. LONG, M.D. ANDREA MAIIlIII, MD WILLIAM .J. POLACBECK, JR. ,H.D. HCCUElII , ASSOCIATES, PT GAlIIlIIET FLEMIlIIG, IlIIC. BLUR CROSS BLUR SHIELD BAMPDO AMBlILAIICE SERVICE VISlTIlIIG IlURSE ASSOCIATION DE02-l3n37 30B42-COl -.... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS FileNo. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER/ IN & OUTPATIENT RECORDS (Name of Person 01' Entity) Within twenty (201 days after servke of this subpoena, you are ordered by the (our! to produ(e the following do<uments or things: SEE A'I"fACIIEIl at MCS GROUP INC., 1601 MARKET ST., 1/800, PHILA, ,PA 19103 (Address) You may deliver Or mail legible (opies of the doc:uments Or produ(e things requested by this subpoena, together with the (ertifitate of (omplian(e, to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies or produdng the things sought. If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (20) days after its servke, the party se,ving this subpoena may seek a (our! order (ompelling you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM~ COURTNEY A. SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA. SUITE 910 PHILA. ,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT nr.: ATTORNEY FOR: THE DEFENDANT DATE: 71 fr'J.J'P' f..<.. .:L ,;)1JV7) I BY~~.;~UR~ ,_' Prothonotary~ C~I Division q,y.. (2 IuJII;.J Deputy Seal of the Court (Elf. 7/97) r~"__ . - - EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE #C4840 HERSHEY, P A 17033 RE: 30842 CATHARINE ESTEP INCLUDING IN/OUT PATIENT RECORDS & ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 :i " Ii iI 5UIO-276224 30B4Z-L10 "-"'<;H~~~ , , " ~ -1= CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A COpy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222024 30B42-Lll "I~I'I~ '" - --- , I - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS :! i I 'I ! i ~I ~, 'i "-~f#l*~~ CATHARIN! ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICR OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note. see enclosed list of locations ] TO. SUSAM M. SEIGBMAN, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frOlll the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by c:ontacting our local MCS office. DATE: 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEPENDANT . CC. COUR'l'NEY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE KCS GROUP IlIIC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l3n37 30B42-COl . ~ " .-'c- r"l'r RECORDS REQUESTED MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAl. AND HOSPI'l'AL BILL X-KAY ONLY MEDICAl. AND HOSPI'1'AL BILL X-RAY ONLY MEDICAl. AlIID HOSPI'1'AL BILL X-RAY ONLY MEDICAl., BILLIlIIG, AND X-KAyeS) MEDICAl., BILLIlIIG, AND X-KAyeS) MEDICAl., BILLIlIIG, AND X-RAY(S) MEDICAl., BILLING, AND X-RAY(S) EMPLIOYMEN'l' INsuaAHCE IlIISUUlIIcE MEDICAl., BILLIlIIG, AND X-KAyeS) MEDICAl., BILLIlIIG, AND X-RAY(S) "I,'~ "_ >>> LOCATIOR LIST <<< 1"1':"' PAGE. 1 LOCATIOR \lAME BAlUUSBURG HOSPITAL HARRISBURG HOSPI'1'AL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COHHlJlllI'l'Y GEM. HOSPITAL COMHlJlllI'l'Y GO. HOSPITAL HERSHEY MEDICAL CElIITER HERSHEY MEDICAL CElIITER DAVID A. LONG, M.D. ANDREA MAHlIII, MD WILLIAM .J. POLACHECK. JR. ,M.D. MCCUElII " ASSOCIATES, PT GAlIIlIIET FLEMIlIIG, INC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISI'l'ING BURSE ASSOCIATION DE02-l3n37 30B42-CO ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS F'l N 00-1452 CIVIL Ie o. WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 . TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER/ IN & OUTPATIENT RECORDS (Name of Penon or Entity) Within twenty (20) days after servke of this subpoena, you are ordered by the (our! to produ(e the following doc:uments or things: SEE AT'f1I<€HE~ at MCS GROUP INC., 1601 MARKET ST" 1/800, PHILA. ,PA 19103 "" (Addreoal You may deliver Or mail legible (opies of the doc:uments or produ(e things requested by this subpoena, together with the (ertifkate of (omplian(e, to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies or produdng the things sought. If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (20) days after its servi(e, the party serving this subpoena may seek a (ourt order (ompeillng you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM~ COURTNEY A, SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA. SUITE 910 PHILA.,PA 19102 TELEPHONE: 2l.Sri46-0900 SUPREME COURTllrtr A'rrORNEY FOR: THE DEFENDANT DATE: /I1H~~" I~., 2 :2nrv , BY~E COUR'f; ~ A~' Ie. ,-:- 0r---- -- ..r~ {l /'YL (/.,.. , Deputy Seal of the Court (Elf, 7/97) --"""-~ ,0' :~ 'I' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE #C4840 HERSHEY, P A 17033 RE: 30842 CATHARINE ESTEP Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Bb:th: 02-25-1935 SUIO-276226 30B42-Lll ~.,-~ - 1- , , I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOElIIA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, , -VS- CASE NO: 00-1452 WAL-MART STORES, INC, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222025 30B4Z-Ll Z '~;~,---- - ~ ~ " ., COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 [ Note. see enclosed list of locations ] TO. SUSAlII M. SEIGBMAN, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frOllll the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may.' be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE. 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEPElIDAlIIT . CC. COURTlIIBY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601 MARKET STREE'l' #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-137137 30B42-COl --'i~,""~_~ I - UCOIIDS UQUESTEll MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AlIID X-RAY(S) EMPLOYMEN'l' INStIlRAlIICE IlIIStIlRAlIICE MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) ,',"'~ " I >>> LOCA'l'IOlll LIS'l' <<< If' PAGE: 1 LOCATIOlll \lAME IWUlISBURG HOSPITAL IWUlISBURG HOSPI'l'AL SEIDU MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COHMUlllI'l'Y GO. HOSPITAL COHHlJlllI'l'Y GO. HOSPITAL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElIITER DAVID A. LOlllG, M.D. ANDREA HAIIlIII, MD WILLIAM .J. POLACBECK, .JR. ,M.D. KCCUElII , ASSOCIATES, PT GAlIIlIIET FLEMIlIIG, INC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISITING lIIURSE ASSOCIATION DE02-l3n37 30B42-COl , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS FileNo. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . T(): CUSTODIAN OF RECORDS FOR: DAVID LONG, M.D. (Name of Penon or Entity) Within twenty (20) days after servi<e of this subpoena, you are ordered by the (our! to produ(e the following documents or things: SEE kT1'>\GHEfl at MCS GROUP INC., 1601 MARKET ST., 1/800, PHILA. ,PA 19103 (Address) You may deliver or mail legible <opies of the doc:uments or produ~e things requested by this subpoena, together with the (ertifi<ate of (omplian(e, to the party making this request at the address listed above. You have the right to seek, in ad" ante, the reasonable (ost of preparing the (opies or produdng the things sought. If you fail to produ(e the doc:uments Or things required by this subpoena, within twenty (20) days after its servi<e, the party serving this subpoena may seek a (our! order (ompeIHng you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA. SUITE 910 PHILA. ,PA 19102 TELEPHONE: 215,-246-0900 SUPREME COURT II) #: A11l0RNEY FOR: THE DEFENDANT DATE: ~H-' .:l- ~cvV BY THE COURT: n.~ rei" R ~ i:.' Prothonotary. Ie.. ivil Division C/t4.-<--' f2 'kil:. " Deputy Seal of the Court (Elf. 7/97) ,","1"1' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID A. LONG, M.D. 4076 MARKET STREET CAMP HILL, PA 17011 RE: 30842 CATHARINE ESTEP INCLUDING ABSTRACTS OF HOSPITALIZATIONS i Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. ; i i ~ ! ; '-J Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 , . SU10-276228 30B42-L12 -"';;ml_~ ,~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOElllA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 ri i !i I :! ;, , ( 1 ) " :j !' :,j ;'1 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be servedt (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222026 30842-L13 ,'<;f!~~~ , I' ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF IR'l'ER'.l' TO SERVE A SUBPOENA TO PRODUCE DOCUMER'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ NOte. see enclosed list of locations ] TO. SUSAN M. SEIGBHAN, ESQUIRE MCS on behalf of COURTNEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days ,from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may" be served. Complete copies of any reproduced records may be ordered at your "expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DA'1'E. 11/10/2000 MCS on behalf of COURTNEY SEDA, ESQUIRE Attorney for DEFENllANT , CC: COURTNEY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l3n37 30B42-COl 0W,;'t! . ~. -,~ " T 1'- RECORDS REQUES'l'ED MEDICAL AlIIDHOSPI'1'AL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-KAY ONLY MEDICAL AND HOSPI'1'AL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLIlIIG, AND X-KAyeS) MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLING, AND X-KAyeS) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMElllT INSURAlIICE INSURAlIICE MEDICAL, BILLIlIIG, AND X-KAyeS) MEDICAL, BILLIlIIG, AND X-RAY(S) "'I"r'I~" >>> LOCATIOlll LIS'l' <<< ! 1""- >~ PAGE. 1 LOCATIOlll \lAME HARRISBURG HOSPITAL HARRISBURG HOSPITAL SEIDLE MI!MORIAL HOSPITAL - SEIDEL MI!MORIAL HOSPITAL COMMtllllI'l'Y GO. HOSPI'1'AL COHHIJlIII'l'Y GO. HOSPITAL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElIITER DAVID A. LOlllG, M.D. ANDREA HAIIlIII, MD WILLIAM .J. POLACHECK, JR. ,H.D. KCCUElII , ASSOCIATES, PT GANlIIET FLEMING, INC. BLUE CROSS BLUE SHIELD BAMPDElII AMBlILAIICE SERVICE VISITIlIIG NURSE ASSOCIATIOlll DE02-l3n37 30B42-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS FileNo. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: DR, ANDREA MANNI/PENN STATE GEISINGER (Name of Person or Entity) Within twenty (20) days after servi<e of this subpoena, you are ordered by the (our! to produ(e the following do<uments or things: gEE ...~1?'I'....~aHEB at MCS GROUP INC., 1601 MARKET ST" 1/800, PHILA. ,PA 19103 ' (Address) You may deliver or mail legible <opies of the doc:uments or produ(e things requested by this subpoena, together with the (erlifinte of (omplian(e,to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies or produdng the things sought. If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (201 days after its servi<e, the party serving this subpoena may seek a (our! order (ompelling you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA, SUITE 910 PHILA, ,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT I)) #: A1TORNEY FOR: THE DEFENDANT DATE: f'LmM--J",_,.2,.2InrV BY~~ ;,~U~r ~, . Prothon~ k.t;;u Division C)~"" 0. ~ Deputy Seal of the Court (Elf. 7/97) ,,!!rli~ J .u -"- ~ ".', r I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANDREA MANNI, MD 500 UNIVERSITY DRIVE PENN STATE GEISINGER HERSHEY, P A 17033 HE: 30842 CATHARINE ESTEP INCLUDING ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present, Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 SUlO-276230 30 B 4 2 -L13 -!!~I~' - I I'. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOElllA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222027 30B4Z-L ~ 4 ,'0"fI! ,- -<-- T -"'-I'~ - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note. see enclosed list of locations ] TO: SUSAN M. SEIGBMAN, ESQUIRE MCS on behalf of COURTNEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE. 11/10/2000 MCS on behalf of COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT . CC: COURTNEY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601 HARKET S'l'REET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l37137 30B42-COl 'TNll~~ . . , I I >>> LOCA'l'IOlll LIS'l' <<< PAGE. 1 UCOIIDS REQUES'l'ED MEDICAL AND HOSPI'1'AL BILL X-RAY ONLY MEDICAL AlIID HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPI'1'AL BILL X-RAY ONLY MEDICAL AND HOSPI'1'AL BILL X-KAY ONLY MEDICAL, BILLIlIIG, AND X-KAyeS) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-KAyeS) MEDICAL, BILLING, AND X-RAY(S) EMPLoYMEN'l' INSUIiAlIICE IlIISUIiAlIICE MEDICAL, BILLIlIIG, AND X-KAyeS) MEDICAL, BILLING, AND X-RAY(S) ~~T;J!l .-, , " ~ r LOCATIOlll \lAME BAIlRISBURG HOSPITAL BAIlRISBURG HOSPI'1'AL SEIDU MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COMMUNI'l'Y GO. HOSPITAL COMMUNI'l'Y GO. HOSPITAL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElIITER DAVID A. LONG, K.D. ANDREA HAlIINI, MD WILLIAM.1. POLACHECK. JR..M.D. HCCUElII Ii ASSOCIATES, PT GAlIIlIIET FLEMING, INC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISITING NURSE ASSOCIATIOlll DE02-l3n37 30B42-COl -I' ~~, ,I 1 i ! ,i i-I , :-1 "i"fl1;' U '- I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS F'l N 00-1452 CIVIL 1 e o. WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. POLACHECK, JR" M.D. (Name of Person or Entity) Within twenty (201 days after servke of this subpoena, you are ordered by the (our! to produ(e the following do(uments or things: SEE- ATTAGHEB at MCS GROUP INC., 1601 MARKET ST" 11800, PHILA. ,PA 19103 (Address) You may deliver or mail legible (opies of the doc:uments or produ(e things requested by this subpoena, together with the (ertifkate of complian(e, to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies or producing the things sought. If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (201 days after its servi(e, the party serving this subpoena may seek a (our! order (ompelling you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS:2 PENN CENTER PLAZA, SUITE 910 PHILA. ,PA 19102 TELEPHONE: 215""246-0900 SUPREME COURT 10#: ATTORNEY FOR: THE DEFENDANT DATE: 7k,;~ fu".2 .2 o-z;(J I ~ ivil Division " Th<-'R., ~ Deputy Prothonolaly. ~a Seal of the Court (Eff 7/97) c~ ~ .~ "'-1\ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. POLACHECK, JR.,M.D. 99 NOVEMBER DRIVE CAMP HILL, PA 17011 HE: 30842 CATHARINE ESTEP INCLUDING ABSTRACTS OF HOSPITALIZATIONS Any and aU records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP , 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171.38.0829 Date of Birth: 02-25.1935 SU10-276232 30 B 42 -L14 "'- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served, is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222028 30842 - L 15 '!ffiHj I" , ~_. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAIl'I''l'O RULE 4009.21 [ Note; see enclosed list of locations] TO. SUSAN M. SEIGBMAN, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may' be served. Complete copies of any reproduced records may be ordered at your 'expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE. 11/10/2000 MCS on behalf of COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT " CC. COURTlIIEY SEDA, ESQUIRE - H-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-137137 30842-CO 1 '<<]!"li. , ~ ~~ ucoms REQUESTED MEDICAL AlIID HOSPl'1'AL BILL X-RAY' ONLY MEDICAL AND HOSPl'1'AL BILL X-KAY ONLY MEDICAL AND HOSPl'1'AL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-KAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AlIID X-KAyeS) EMPLI,OYMEN'l' INSURAlIICE INSUIRAlIICE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-KAyeS) I, ii i! I I' I I I I I' , I ~ i " .'~I'MI. . "."~ .>" >>> LOCATIOlll LIST <<< r I' PAGE: 1 LOCA'1'IOlll \lAME BARKISBURG HOSPITAL BARKISBURG HOSPl'1'AL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COMMUNI'l'Y GEN. HOSPITAL COMMUNI'l'Y GEN. HOSPITAL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElIITER DAVID A. LONG, M.D. ANDREA HAIIlIII, MD WILLIAM .1. POLACHECK, JR. ,M.D. MCCUElII , ASSOCIATES, PT GAlIIlIIET FLEMIlIIG, INC. BLUE CROSS BLUE SHIELD BAMPDEN AMBlILAIICE SERVICE VISITING IlURSE ASSOCIATION DE02-l3n37 30842-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS F'l N 00-1452 CIVIL 1 e O. WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 . T(): CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES (Name of Person or Entity) Within twenty (201 days after servi<e of this subpoena, you are ordered by the (ourt to produ(e the following documents or things: SEE k'fTACllEEl at MCS GROUP INC., 1601 MARKET ST., 1/800, PHILA. ,PA 19103 (Address) You may deliver or mail legible (opies of the doc:uments or produ(e things requested by this subpoena, together with the (ertifiute of (omplian(e. to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies or produdng the things sought. If you fail to produ(e the doc:uments Or things required by this subpoena, within twenty (201 days after its servi<e, the party selving this subpoena may seek a (owl order (ompelIing you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS: 2 PENN CENTER PLAZA. SUITE 910 PHILA.,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT ID #: AITORNEY FOR: THE DEFENDANT DATE: 'J1JrfJ.-P.fuJLn.i ,2- . .l.Jrzn) BY':' ~~~RT:~ ~.. 1-: . Prothonotary/C~ll J6lvislon 0,., 0 71A..I,I. J Deputy Seal of the Court (Elf. 7/97) '!l!I,ll:"",f(\ . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES, PT 240 GRANDVIEW AVENUE SUITE 5101 CAMP HILL, P A 17011 RE: 30842 CATHARINE ESTEP INCLUDING ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 SodaI Security #: 171-38-0829 Date of Birth: 02-25-1935 SUIO-276234 30842-L1S -'H1t'il'] , I : 1-' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222029 3084Z-L 1 6 "'f,_. ....-. I' , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations J, TO: SUSAIf M. SEIGBMAN, ESQUIRE MCS on behalf of COURTNEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may" be served. Complete copies of any reproduced records may be ordered at your"expense by completing - the attached counsel card and returning same to MCS or by contacting our local liCS office. DATE: 11/10/2000 MCS on behalf of COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT " CC: COURTNEY SEDA, ESQUIRE M-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601 MARKET S'l'REET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l3n37 30842-COl ''''''''''' ... 1--1'- RECOiRDS REQUESTED MEDICAL AlIID HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-KAyeS) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMEN'l' IlIISUJlANCE IlIISUJlANCE MEDICAL, BILLING, AND X-KAyeS) MEDICAL, BILLING, AND X-RAY(S) :-"'1'1 ~ >>> LOCATIOlll LIS'l' <<< ,--1-1 PAGE: 1 LOCATIOlll \lAME HARRISBURG HOSPITAL HARRISBURG HOSPI'l'AL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COMMUlllITY GO. HOSPITAL COMMUlllI'l'Y GO. HOSPITAL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElIITER DAVID A. LOlllG, M.D. ANDREA MAlIIlIII, MD WILLIAM .1. POLACHECK. JR. ,K.D. MCCUElII , ASSOCIATES, PT GAlIIlIIET FLEMING, IlIIC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISITING lIIURSE ASSOCIATIOlll DE02-l3n37 30842 -co 1. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS File No. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: GANNET FLEMING, INC. (Name of Person or Entity) Within twenty (20) days after servi<e of this subpoena, you are ordered by the (our! to produ(e the following documents or things: SEE A'f'fA6HEB at MCS GROUP INC, , 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You !nay deliver or mail legible (opies of the doc:uments Or produ(e things requested by this subpoena, together with the certifi<ate of (omplian(e, to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies or produdng the things sought. If :you fail to produ(e the do(uments or things required by this subpoena, within twenty (20) days after its servi(e, the party seINing this subpoena may seek a (our! order (ompelling you to (ompIy with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE AIJORESS:2 PENN CENTER PLAZA, SUITE 910 PHILA. ,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT ID II: ATfORNEY FOR: THE DEFENDANT DATE: nh1~ _ 02, ,;UVV BY THE COURT: r1~ ;e ~ ~ . Prothon~ ler Civil Division q'JU' C2 /vtJd'" ~ Deputy Seal of the Court (EfL 7/97) '''- "-..... , l' I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GANNET FLEMING, INC. P.O. BOX 67100 HARRISBURG, PA 17106 RE: 30842 CATHARINE ESTEP Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02.25-1935 SUIO-276236 30842 -L16 -. ,~ , ,~" "~ I" " , ". ,~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF, COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO, 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A COpy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received,and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE, 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222030 3084Z-L 17 -- ,.. I I":' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'r TO RULE 4009.21 [ Note, see enclosed list of locations ], TO. SUSAN M. SEIGBMAlII, ESQUIRE MCS on behalf of COURTNEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frlllll the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may" be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE, 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEFEIlDAlIIT " CC, COURTlIIEY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l37137 30842-COl ~J~. "~ '."""7' "r '-I UCOIIJ)S UQUES'l'ED MEDICAL ARD HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDIC4L AND HOSPI'1'AL BILL X-RAY ONLY MEDIC4L AND HOSPI1'AL BILL X-RAY ONLY MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, ARD X-RAY(S) MEDIC4L, BILLING, ARD X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOlMElll7 INSUllAlIICE INStlllAIICE MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) ">$11, >>> LOCA'l'IOlll LIST <<< - "T-I PAGE. 1 LOCATIOlll \lAME HARRISBURG HOSPITAL IlARRISBURG HOSPITAL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COMMUlllI'l'Y GO. HOSPITAL COMMUlllI'l'Y GO. HOSPITAL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElII'l'D. DAVID A. LONG, H.D. ANDREA HAIIlIII, MD WILLIAM .1. POLACHECK, JR. ,H.D. KCCUEN , ASSOCIATES, PT GAlIIlIIET PLEMIlIIG, IlIIC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISITIlIIG lIIURSE ASSOCIATION DE02-l3n37 30842-COl - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS F'l N 00-1452 CIVIL J e o. WAL-MART STORES, INC, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: CAPITAL BLUE CROSS, PA. BLUE SHIELD (Name of Penon or Entity) Within twenty (20) days after servke of this subpoena, you are ordered by the (our! to produ(e the following do(uments or things: SEE ATTMlHEB at MCS GROUP INC" 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible (opies of the doc:uments Or produ(e things requested by this subpoena, together with the (ertifkate of (omplian(e, to the party making thjs request at the address listed above. You have the right to seek, in advan(e,the reasonable (ost of preparing the (opies or produdng the things sought. If you fail to produ(e the doc:ulltents or things required by this subpoena, within twenty (20) days after its servke, the party selrving this subpoena may seek a (our! order (ompelIing you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS:2 PENN CENTER PLAZA, SUITE 910 PHILA.,PA 19102 TELEPHONE: 215~246-0900 SUPREME COURT 10 #: ATTORNEY FOR: THE DEFENDANT DATE: 77JrlNMA.lJj' , .2 o2tnn) BY THE COURT:o ~ R."",, . Prothono~~~ Civil Division ~M' (J, '7u"p;, , I Deputy Seal of the Court (Elf. 7/97) , "1"1I!J_~ - ~ '1"' " EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BLUE CROSS 1901 MARKET STREET 36TH FLOOR PHILADELPHIA, PA 19103 RE: 30842 CATHARINE ESTEP #QAC171280829 Any and all claims files. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02-25-1935 Date of Loss: 04/24/1999 SUlO-276238 3084Z-L17 <"~,'I'\....., " rei' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOnA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS On behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222031 30842 - L 1- B -",..!l,J> ~~- I~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF IN'l'EN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND 'l'HINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations J, I TO: SUSAH M. SEIGBMAN, ESQUIRE KCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attacbed to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may. be served. Complete copies of any reproduced records may be ordered at your 'expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE. 11/10/2000 KCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEFElIIDAlIIT . CC: COURTIlEY SEDA, ESQUIRE - M-076 Any questions regarding this matter, contact THE MCS GROUP IlIIC. 1601, MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l3n37 30842-COl ""'1iI@~_ ['I"" RECOllDS REQUES'l'ED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-KAyeS) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AlIID X-KAyeS) EMPLOYMElllT INSUllAlIICE INSURAlIICE MEDICAL, BILLING, AND X-KAyeS) MEDICAL, BILLIlIIG, AND X-RAY(S) "'>W",! ~ ~-~ ''''- , >>> LOCA'l'IOlll LIS'l' <<< I' PAGE. 1 LOCATIOlll \lAME HARRISBURG HOSPITAL BA1UlISBURG HOSPI'l'AL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COHHIJlIII'l'Y GO. HOSPITAL COHHlJlllI'l'Y GO. HOSPITAL HERSHEY MEDICAL CElIITER HERSHEY MEDICAL CElII'l'D. DAVID A. LOlllG, M.D. ANDREA HAIIlIII, MD WILLIAM .1. POLACHECK, JR. ,M.D. MCCUElII , ASSOCIATES, PT GAlIIlIIET FLEMIlIIG, INC. BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISITIlIIG lIIURSE ASSOCIATION DE02-137137 30842-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS F'l N 00-1452 CIVIL 1 e o. WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: CAPITAL BLUE CROSS, PA. BLUE SHIELD (Name of Penon or Entityl Within twenty (20) days after servke of this subpoena, you are ordered by the (ourt to produ(e the following doc:uments or things: SEE ld''N<€HEll at MCS GROUP INC., 1601 MARKET ST" #800, PHILA.,PA 19103 (Address) :1 :1 You may deliver or mail legible (opies of the doc:uments Or produ(e things requested by this subpoena, together with the (eltifiute of (omplian<e, to the party making this request at the address listed above. You have the right to seek, in advan(e, the reasonable (ost of preparing the (opies or produdng the things sought. If :you fail to produ(e the doc:uments or things required by this subpoena, within twenty (201 days after its servi(e, the party serving this subpoena may seek a (our! order (ompelling you to (omply with it, , i ! 'J I ! THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~-j I , NAME: COURTNEY A. SEDA, ESQUIRE ADDRESS:2 PENN CENTER PLAZA. SUITE 910 PHILA.,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT ID t: A"ITORNEY FOR: THE DEFENDANT ~ 1 i DATE: 7Ltl1HMAL. / .:2., .:LImO BY THE COURJ;': ~ . (',..-r; . /r!, h.... ProthonotaryjC ic. elvil Division 0."u- a /vt.~JP;, , Deputy Seal of the Court (Elf. 7/97) '''"-",.~ ~~"~, - '-":' I~" -., EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BLUE SHIELD P.O. BOX 890089 CAMP HILL, P A 170890089 RE: 30842 CATHARINE ESTEP #QAC171280829 Any and all claims files. Oates Requested: up to and including the present, Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171.38.0829 Oate of Birth: 02-25-1935 Oate of Loss: 04/24/1999 SU10-276502 3 OB 42-L1B ""Ill .'" ! --I-~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN TEE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222032 3 084 Z - L 1 9 ".0'1$. - I~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN 1~HE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF Ilft'ENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: SUSAN M. SElGHMAN, ESQUIRE MCS on behalf of COURTlIIEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena, may- be served. Complete copies of any reproduced records may be ordered at your'expense by completing - the attached counsel card and returning same to MCS or by contacting our local KCS office. DATE: 11/10/2000 MCS on behalf of COURTlIIEY SEDA, ESQUIRE Attorney for DEPENDAlIIT CC. COURTNEY SEDA, ESQUIRE - K-076 Any questions regarding this matter. contact THE MCS GROUP IlIIC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l3n37 30842-COl ~ " 0--1 - >>> LOCA'1'IOlll LIS'l' <<< RECORDS UQUES'l'RD MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPI'l'AL BILL X-RAY ONLY MEDICAL AND HOSPl'1'AL BILL X-RAY ONLY MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) MEDICAL, BILLIlIIG, AND X-RAY(S) EMPLOYMElll'l' INSt]JJIAlIICE IlIIS1JIRAIfCE MEDICAL, BILLIlIIG, AND X-RAY(S) MEDI.CAL, BILLIlIIG, AND X-RAY(S) I I"~ PAGE. 1 LOCA'1'IOlll \lAME HARRISBURG HOSPITAL HARRISBURG HOSPl'1'AL SEIDU MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COMKUlllI'l'Y GO. HOSPITAL COHHlJlllI'l'Y GElII. HOSPI'l'AL HERSHEY MEDICAL CElII'l'D. HERSHEY MEDICAL CElII'l'D. DAVID A. LOlllG, M.D. ANDREA HAIIlIII, MD WILLIAM .1. POLACBECK, JR. ,H.D. MCCUEN , ASSOCIATES, PT GAlIIlIIET FLEMING, IRC . BLUE CROSS BLUE SHIELD BAMPDO AMBlILAIICE SERVICE VISITIlIIG RURSE ASSOCIATIOlll DE02-l37137 30842-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAtHERINE ESTEP VS File No. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PROD,UCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 . TO: CUSTODIAN OF RECORDS FOR: HAMPDEN AMBULANCE SERVICE (Name of Penon or Entity) Within twenty (20) days after servi(e of this subpoena, you are ordered by the (our! to produ(e the following do<uments or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 (Ad_sl PHILADELPHIA PA 19103 )'1 , !: Yc,u m~y deliver or mail legible (opies of the doc:uments or produ(e things requested by this subpoena, together with the (ectifi<ate of (omplian(e, to the party making this request at the address listed above. You have the right to seek, in aclvance,the reasonable (oot of preparing the (opies or produdng the things sought. , ii Ii , If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (20) days after its servi(e, the party servin!lthis subpoena may seek a (our! order (odlpelUng you to (omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A, SEDA, ESQUIRE ADDRESS: 2 PENN CF.NTF.R PLAZA. SUITE 910 PHILADELPHIA PA 19102 TELEPHONE: (21';) 246-0900 SUPREME COURT lOt: A'ITORNEY FOR: THE DEFENDANT Seal of the Court DATE: //- ~~O() (Eff, 7/97) i: ~~ , ,'I' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HAMPDEN AMBULANCE SERVICE 230 SPORTING HILL ROAD MECHANICSBURG, PA 17055 RE: 30842 CATHARINE ESTEP INCLUDING ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present, Subject: CATHARINE ESTEP 3529 MARCH DRIVE, CAMP Hll..L, PA 17011 Social Security #: 171-38-0829 Date of Birth: 02.25.1935 SU10-276242 30842-L19 W1IWl'~, . _,"~W """ l' -,or ., ~ . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serVe the subpoena. MCS on behalf of DATE: 11/30/2000 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DEll-222033 .3084Z-LZO -J.j~""'!I'""", , - 1-. . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CATHARINE ESTEP TERM, -VS- CASE NO: 00-1452 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note. see enclosed list of locations ] TO. SUSAN K. SEIGBHAN, ESQUIRE MCS on behalf of COURTNEY SEDA, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days ,from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and retuming same to MCS or by contacting our local KCS office. DATE. 11/10/2000 MCS on behalf of COURTNEY SEDA, ESQUIRE Attomey for DEFENDANT . CC: COURTNEY SEDA, ESQUIRE - K-076 Any questions regarding this matter. contact THE KCS GROUP IlIIC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-137137 30842-COl : ';1:~f,jij~1@1 ..,.. - ~~ ~ . . RECOllWS REQUESTED MEDIC'.AL AND HOSPITAL BILL X-RAY ONLY MEDIC:AL AND HOSPITAL BILL X-KAY ONLY MEDIC:AL AND HOSPITAL BILL X-RAY ONLY MEDIC:AL AND HOSPITAL BILL X-KAY ONLY MEDIC:AL, BILLING, AND X-KAyeS) MEDIC:AL, BILLING, AND X-RAY(S) MEDIC:AL, BILLIlIIG, AND X-KAyeS) MEDIC:AL, BILLING, AND X-KAyeS) EMPLOYMENT IlIISURANCE IlIISURANCE MEDIC:AL, BILLING, AND X-KAyeS) MEDIC:AL, BILLING, AND X-KAyeS) ,"~.., . -. ~" >>> LOCA'l'IOlll LIST <<< Ir PAGE. 1 LOCATlOlll NAME HARRISBURG HOSPITAL HARRISBURG HOSPITAL SEIDLE MEMORIAL HOSPITAL - SEIDEL MEMORIAL HOSPITAL COMMUNITY GEN. ,HOSPITAL COMMUNI'l'Y GEN. HOSPITAL HERSHEY MEDICAL CENTER HERSHEY MEDICAL COTER DAVID A. LONG, M.D. ANDREA MAlIINI, HD WILLIAM .1. POLACHECK, JR. ,M.D. MCCUEN' ASSOCIATES, PT GAlIIlIIET FLEMING, INC. BLUE CROSS BLUE SHIELD HAMPDEN AMBlILAIICE SERVICE VISITING NORSE ASSOCIATION DE02-13n37 30842-COl ~. -~ .. t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE ESTEP VS File No. 00-1452 CIVIL WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 .. TO: CUSTODIAN OF RECORDS FOR: VISITING NURSE ASSOCIATION (Name of Person or Entity) Within twenty (20) days after servi(e of this subpoena,loU are ordered by the (our! to produ<e the following doc:umenls or things: SE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 (Address' PHILADELPHIA PA 19103 You may deliver or mail legible (opies of the doc:uments or produ(e things requested by this subpoena, together with the (ertifl(ate of (o""plian(e,to the party making this request at the address listed above. You have the right to seek, in ad,'an(e, the reasonable (081 of preparing the (opies or produdng the things sought. If you fail to produ(e the doc:uments or things required by this subpoena, within twenty (20) days after its servite, the party serving this subpoena may seek a (our! order rompelling you to (om ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: COURTNEY A, SEDA, ESQUIRE ADDRESS: 2 1>m CENTER 1>1..\7..\. PHILADELPHIA PA TREPHONE: (~1'~) 246-0<100 SUPREME COURT" t: ATTORNEY FOR: ' THE DEFENDANT !lUITE 910 19102 DATE: 11-8 -Of) Seal of the Court (Elf. 7/97) ~""-A , ,~ I~ , .. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: VISITING NURSE ASSOCIATION 3315 DERRY STREET HARRISBURG, PA 17111 RE: 30842 CATHARINE ESTEP INCLUDING ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CATHARINE ESTEP , 3529 MARCH DRIVE, CAMP HILL, PA 17011 Social Security #: 171.38-0829 Date of Birth: 02.25-1935 SUlO-276244 30842-L20 i'<JBt , ~ ~~ , I , ill' " .'~ " ~,~~~~~ _I\lllll!I!~m_ ~ rllll- -d..'.. " '~, ;-~-~- " - , '~ 0 ~ <:::> ~~ ~ ~" n ~-'nfQ I "'I? ~z ..c- ::0- ;,:;:0 -0 ~:SO j8 :::C""r" :x o:ii - ~.o ~ Urn :r:- ~ Q) -< .w.m1I't, w "~~~f.o1l1l1'l!'~1! r_.~w___ "_ "'., ~ _"~f McDONNELL & ASSOCIATES BY: Patrick J. McDonnell, Esquire Attorney LD. No. 62310 BY: Daryl W. Winston, Esquire Attorney !.D. No, 66242 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 (215) 636-4482 ATTORNEYS FOR DEFENDANT WAL-MART STORES, INC. v. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CATHARINE ESTEP Plaintiff WAL-MART STORES, INC. Defendant NO. 00-1452 Civil Term WITHDRAWAL OF APPEARANCE TOTHEPROTHONOTAR~ Kindly withdraw my appearance on behalf of Defendant, W al- Matt Stores, Inc. in connection with the above-referenced matter, McDONNELL & ASSOCIATES By Q~~ft~ Attorney for Defendant, Wal-Mart Stores, Inc. ,~~ . "''''~'--' - -'-~;'- .'_ -r '0' Y . ;"', -'-,",--1'- " , ~ ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearances on behalf of Defendant, W al- Mart Stores, Inc. in connection with the above-referenced matter. McDONNELL & ASSOC][ATES BY: L/L:1 Patrick J. McDonnell, Esquire Daryl W, Winston, Esquire Attorney 1.0. Nos,: 62310/66242 Two Penn Center Plaza - Suite 910 Philadelphia, PA 19102 (215) 636-4482 Attorneys for Defendant, Wal-Mart Stores, Inc, DATED: December 15, 2000 '~ ~ --'1- "1,.- ,,'t-. c" '_~_~_~-,!!L._~_~_~' T~ ~v".; . '-'I ~ ". . -' -,-~ , .,' ~. CERTIFICATE OF SERVICE DARYL W, WINSTON, ESQUIRE, hereby certifies that a true and correct copy of Withdrawal of Appearance/Entry of Appearance was served by United States first class mail, postage prepaid on December 15, 2000 to the counsel below named: Susan M, Seighman, Esquire III North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 McDONNELL & ASSOCIATES BY: l,L/Lz DARYL w. WINSTON, ESQUIRE {~~ "~"'" '" 0'. - '__."',7\'. . I _ 1.:1-.' ".,. , . , "" ~. _.__.1il1lm1 ""~~., ,.y ">0" ~"_" ."."" .~->~,., " .-'-, - " qH ",", . 0 Cl 0 r"" C) ,--- -.-, ~: t::J ..,....r'~' nl'C:;~ i""Yl 2~::ri (-) ,.,;-: z ,_h ~'1 S)?:;'; 'J:) C::r J r~::-:-:': - J : :,- L) -S:C) J:::.~ "I -'j:'~ '_." '-1 Z,-_, (~ 5>2= 9:) l~)rn ;;;:: r:- v -:J ~- :J::1 "~"- 0 -< ._._ _,....,.~IlJJ!j!;j~~~~~Ml1,1">!""""'~~.0!I:!"'''"'''~..~~1~ tW;~~ ..... McDONNELl. & ASSOCIATES BY: Courtney A. Seda, Esquire Attorney LD. No": 76263 BY: Patrick]. McDonnell, Esquire Attorney LD. No.: 62310 Two Penn Center Plaza Suite 910 Philadelphia, P A 19102 (215)636-3985 TO THE DEFENDANT HEREIN: YOU ARE HEREBY NOTIFIED TO ANSWER THE ENCLOSED NEW MATTER WITHIN THIRTY (30) DAYS OF SE~E HEREOF.~~ Attorn~dant, Wal-Mart Stores, Inc. v. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LA'vV ANTONIO OWENS,]R. Plaintiff ]OHN L STOLTZFUS Defendant v. WAL-MART STORES, INC Additional Defendant: NO. 00-1452 Civil Term ADDITIONAL DEFENDANT, WAlL-MART STOlRES, INC.'S ANSWERS TO DEFENDANT, ]fOJH[N L STOl. TZFUS' COMPl.AINT WITJH[ NEW MA TIER AND COUNTERCLAIM Additional Defendant, Wal-Mart Stores, Ine. ("Wal-Mart") by and through its attorneys, McDonnell &: Associates, answers Defendant,]ohn L Stoltzfus' Complaint and avers New Matter and Counterclaim as follows: I. Denied as the complaint is in a writing which speaks for itself. 2. Denied to the extend that Exhibit "B" is a writing which speaks for itself. 3. Denied" Wal-Mart is a corporation organized and existing under the laws of the State of Delaware with a principle place of business in Bentonville, Arkansas, By way of further answer, Wal-Mart is authorized to operate a retail store in Lancaster, Pennsylvania" 4-6. Denied. After reasonable investigation, Wal-Mart, is without sufficient knowledge or information to deterrrtine the truth or falsity of the allegations of this paragraph. =, .-t. ._~ _ ,-I( ~ 7. Admitted upon information and belief. 8. (a)-(e). Denied as a conclusion of law to which no response is required. 9. Denied. 10. Denied. WHEREFORE, Additional Defendant, Wal- Mart Stores, Inc. demands judgment in its favor and against the defendant on all counts together with costs, reasonable attorney's fees and other further relief as this Court deems just and proper. NEW MA'ITER IL All negligence causes of action asserted against W al- Mart are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Comparative Negligence Act 42 Pa" C.SA ~7102, the relevant terms of which are incorporated by reference herein. I2. All cause:s of action asserted against W aI-Mart are barred by the applicable Statute of Limitations, including but not limited to the Act of July 9, 1976, 42 Pa. C.SA ~ss24, B. The damages allegedly suffered by the plaintiff was caused solely by the acts or omissions of individuals or entities over whom W aI-Mart exercised no control. 14. Plaintiff's claims are barred because plaintiff failed to mitigate his damages. IS. The plaintiff's claims are barred because plaintiff was injured as a result of a known risk which he assumed. NEW MA'ITER IN NA T1U[RIE OF A COUNTERClLAIM 16. Defendant, John L Stoltzfus is alone liable to plaintiff for all causes of action asserted in Plaintiff's Complaint, or in the alternative, is jointly and/or severally liable, or is liable over to Wal-Mart in the: form of contribution and/or indemnification. -2- ^"" ,," ~ " ~ 'I' I ~ WHEREFORE, Additional Defendant, Wal-Mart Stores, Inc. hereby demands judgment in its favor and against defendant on all counts together with costs, reasonable attorney's fees and any further relief this Court deems just and proper" McDONNEll.. & ASSOCHA 1rlES BY: CLA ;}f:,A Courtney A. se~quire Patrick j. McDonnell, Esquire Attorneys for Additional Defendant, Wal-Mart Stores, Inc" DATED: February 12,2001 -3- ',." " -,~ ,-~""" ,-- , ~I , ,. I-~ '1' VERIFICATION I, COURTNEY A.. SE][)A, ESQ..UIRE, am an attorney at law who represents Wal- Mart Stores, Inc. in this matter and make this Verification pursuant to Rule I024( c)(2) in that additional defendant is out of the jurisdiction of the Court and the Verification of the Answer with New Matter and Counterclaim cannot be obtained within the time allowed for filing the within Answer. [~~ COURTNEY A. SE ~, ESQUIRE DATED: February 12, 2001 ',!",r_ < . l ~ CERTIHCATE OF SERVICE COURTNEY A. SElDA, ESQ..UIRE hereby certifies that a true and correct copy of Additional Defendant, Wal-Mart Stores, Inc.'s Answers to Defendant, John L. Stoltzfus' Complaint with New Matter and Counterclaim was served by United States first class mail, postage prepaid on February 12, 2001 to the counsel below named: J. Michael Flanaglillllll, Esquxire FLANAGAN & BENNER 150 East Chestnut Street lLa.][J.caster, If>> A 11602 BY: McDONNELL .& ASSOCIATES /0 !Co ~~f~~;"'- COURTNEY A. DA, ESQUIRE 1':;,UiJT -. ""--~_-r, ,-r_" I' t-- - f ?,,' b, ~ --, _~ ~ .., 1'W" "'~ --~~- , ~ ",.,._.,....,."..!lIIIL .. ,,,< '~~_, -",:', ",,,,.,C " '".~',,__.~, ~l ""6' "",-~,,,,,.,.- ~'""",,'-",,, ""I"dt~l'tf[(' ~) ;}jl~; ~.s~: !b~ 2: ~-"i -< , .~;~I!!l!l1~g<i~!'ll~.ll!'RIII!lIIIIIM!II!I!m-'IlI, "",,' ~-~, "'-"'- (::.J :i~'" \,:~:' ~"') Iv llw- . ,-