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Home My WebLink About97-00262 .... ~ \l ~ ~ u 't ~ "l :::::: . ~ I~ < .::f CJ tl '1:i" :j >- i I I ; i 1 ! I , j , , I 1 ~.~ C-- ~ \ :; \ I , J :1 I, , , f) "' j Ii Jerry A. Philpott, Esquire 227 N, High St" PO Box 116 Duncannon, PA 17020-0116 , ; .' IU L: I L : '_ ',:, :',~ f ~:.~ ,;~~ '-'~ . : + ....., ~ _._ L ... ~:.=l' ------, I -~. 0 , . Ii i ,i L__ -- . IlhV UWlIlH' YudaclJl~."'1 POBox 914 Camp 11111 Pt, 17011,0914 1h:,.:Clllh..:r 2,;. IIJIJI} Dcar Jerf) RE Cuurt OHh.', il IP'~h~ LI\ II h,,'nll The claim that I owe $400,00 for 2 misscd doctor's appOIntmcnts IS completoly wrong. Also the defendent claims that I simllly_[~fuscd to keep 2 lIppOlnlmenls I~' 1I1~.n nnl trllo In the case of the first appointment madc by the defendent, I wns NEVER noWed of this appointment and only became aware of this appointmcnl 'aflcr IIII' 11Ict' whonl ",colvmlII loller trom my atlorney, Jerl)' Philpott In the case of the second appoinlment made for ml' hy Ihl' Ih'lol\(\('nl. I only tJUcllmc aware an appointment was made for me to see H DI Malin wholl I PIC~,'(IIIP mv m,"1 Thllrsdav oller work and received a letler trom my atlorney notllYIl1\l nw olllll~, nppnlntnwnl ~,C"I'(\(II(!(lthc ncxt day on Fnday, I hurricd homc so I could notify Dr Mah''-5 olllce Ihnl Ihl~, ilppomtmont will have to be cancelled, Atthe same time, I informed the clerk appolntmenls for nil' can ollly tH' made by me and thai I will have to call to schedule this appointment in March whcn 11111,' 10 \Wl 011 w,),~ I~ nVllllnhle In August when you toid me that the defendmll ~; lIt1orlll'y wllIl\l!llto ~.clwdlll(' mo With their doctor, I explained thai I do not have the available "me nllot!!" 101 tI", "",I ul tI,,~ year to make an appointment. Also that it would take to approximately March till I cOllld 'enlll' ~,lIl1lc"'nltllne to make appointments, I also stated that all appointmcnts would HAVE TO BE MADE E3Y ME 115 alltllne all at worX has to be pre-approved at my job, I am not now or in the future responsible for any appointments for me by another party. II is my sincere hope that I have cleared tho facl5111l1\1~ I1Inllor for the 'mallime, However, Jerry, if il is still unclear to you and/or the court, ploa~ulIIlorllll1l11 ~,lll Gnn try to mtrculllte more clearly in this malter, Also, as I told you on thc phone, uny lutulu uPPolllllllunt5thu delendent wants for me will have to be made by me according to my limo and 5chedules umt I Will also make anolher appointment at that time to see my doctor, The chargcs for IIw~1' nppOlntnmnts mo Iho solo roponsibiJity of the defendenl. Thank you for notifying mo of the mi5undurslood lucts und pleuso 50nd II copy of this lelter to Ihe court, 1)(H181Tc I A BUNNIE \'lIDAClIFSKI Plaintiff IN TilE COURT OF COMMON I'LEAS CUMBERLANIl COlINTY, PENNSYLANIA v. No. 97-0262 HILLS IlEPARTMENT STORES Defendant CIVIL ACTION LAW .JlJRY TIUAL DEMANDEIl AFFIDA VIT OF MELINDA L. CHARLES COMES NOW the below aflianl and states as 1l,lIows: I. I am Melinda L. Charles. secretary in the Law Oflice of Jerry ^, Philpott, 2, 1 am. Deborah E, McQuay. paralegal in the Law Oflice of Jerry ^, Philpott. 3, Our oflice has a routine oflice procedure fordealing with our mail on a daily basis, We open each envelope. stamp it with the date received. and put it with the tile for the attorney to review. We arc then instructed by the attomey as to whether to lorward it without a cover letter or they will dictate a cover letter to accompany the correspondence, ^ copy of the correspondence is then made. '!lle client receives a copy that is stamped "Client Copy" and we retain the original for our lile which is then stamped "File Copy", 'Illis routine is carried out daily and has been. according to our ollice paralegal. Deborah McQuay. lor the past twelve and one-half years. This is what we rely on to help us track what has been sent to the client and what has not. "File Copy" is not stamped on the original letter ifacopy was not made, It is simply put into the lile. Ourollice received correspondence Ii-mil David Green. Esquire on September 20. 1999 regarding the Clcwber 14. 1999.1ME scheduled with Dr. Malin, In this instance. the correspondence does bear our"FiI~ Copy" stamp and was routinely lorwarded without a cover letter. The exact date we mailed it to the client would have been within a tew days ofthe received date. 1 also remember leaving a message lor Ms, Yudacufski regarding the appointment and telling her that the letter was forthcoming, I did this because of the instructions for her to get her x-rays and so on. I A I (,. ~Z\~}(~ L (, J Mcli da I.. Charles '~lUt~ Debnrah E. McQuay, Paralegal \ ~"H>!':<IXHI8IT;" -4,:.f-,;.",:,,":1: ~,.,:", \; ;:::':~-:~ .';:~,:::" -'.; ..-"'" ','.-- B- !' LAW OFFICE OF ,'1--. Jerry A PhllPOII Esquire Kevin E Prosser. Eaqulre A TTORNEYS.A T .LAW 227 No H'gh SI PO Bo, 116 Dune.nnen, PA 17020,0116 717834.3087 FAX 834.5437 Dal'id /.1, Green. Esquire I DO Pine Street. 4th Floor 1'0 Box 803 Harrishurg. I' A 17108-0803 January 6. :!OOO File no, 99,05-:!9 Re: Yudacufski v, Hills Department Stores Dear Mr. Green: Our rcscarch ofthc records from Attomcy Januzzi's officc show that carlier you wcrc apparcntly scnt allthc medical records including those of Dr. Goodman through disco\'C'1'. Howcver. in an exccss ufcaution.1 am again sending you the rccordsofDr, Goodman that we havc in our tile, I helicl'e this is what you are looking for. /vis, Yudacufski will of course sign anything nec~ssar)' to enable you to get any records of Dr. Goodman that are relevant if these are not in factlhose records, Sincerely. ;\/ Jerry A, Philpott cc: /vis Yudacufski (') r.; -CU.i ~gl '~; "'.. r C) ~~ ~ Cl (;J '- 'l~. ..~ ~- l-; " ,;.- ".. :.: - - .. . " .' -: I, ~ '. -; <~~ 1"11 '!f) Ulll -, .... :.0 -<,; w CD Ill' 1.J<'111111 17: f,' FR'-~'1 I1Hf",.HHLL ,['ltlt4[HEY 1j[1I~. ILl ~l~(,U ll..,l lLlUU":.l 'U~ lUU2-1l1t=' P. U2 . : LAW OffiCES l0ARSI-0LL, DENNEHEY. WARNER CdLEMAN 65 GOGGIN ornu.ollJ,t, fl:NNsnv^,,1h t610)Il1H)1O 'A.)(r (610) 101-4J61 OOYU.5lO'li'}rrl. pm..I~MVANIA U!5tJ.tl.ll1l1 F,4JC:(JU)Jt8.S(Jg 11<l~ I'I>'rUY\lIANI" r'''1 IS+-cl<O ff.)( r'''1 il!l-4l1O lANCI.Sn:Il, PfNN5YLVANIA (117) )99.1"" fll:J" (1\11 '''.1 III NEVroWN S(JlJMJ, I'V'NSnV,o,N1A (610) U'.74.1:0 ,^Xt (610) ,n.T+U NOIUUnowN, pfJo/NmVNM 16101191.- fAXl 1610) In.otlO PIIlLAOOnl"', I'IiN>lmVJ.NIA , nUl sn.2lal ff.)(llIlll15""" I A PP,0FI!S510NAl. o:>iU'OI\AnON , I'IT'1',;BU>.GH, I'ENHSnVANIA UU)IO).II'tO 'A)/.l. (tUJ W.IlW:l , 5<.~IU>I, PfNIIffiV^,,1A I ()10)J.41.!W9 !'M: (70) J4HM loo PIN' :rnur, m\ flOOO, I P,O,IlOW,.w HMN$WlO, .DlN5Y\.V,o,N1A II_ i (711) nz,t0L2 I CI\!U AOOUS5 -'1dA1SHAU. , ff.)( I7I111J1-1", w.t. sn.,.....~dG Direct Dial 717.232-9325 ~T, PEl'Nsnv^"", " Illlllll6.....1 'M'IlNll16,I"'1 ot;u.v Hlll..IIn1 )D><Y , 1&56) i1+l<X1O (FAXIIIS6) 041+6017 , UVlNOSTOlI, IIIiW JD5IiV I C91)) S9'MHl IFM l'IJIl!ll-llll , WlI;MIl'OTON,DI1J\"^" ; llOJ'611.!lW FAAIJOJ)6JI.J1Oj , lfIlllTON. WIEST vu.OIll'" : IlOllli8-!iOO lFAAIJOill4K<>6lD , mUNNVIUI, OKlO I (140) w..",. 1ffJ(, (140) 16'.66<11 i I , I ; , ,I The Honorable Wesleyl J. Oler : I I Court of Common Pleas I Cumberland County Cc;.lIf\house Carlisle, PA 11013 I , 'I . RE: Yudacnf."ij v. Hills '6c:partment Store Cnmnanv acp (CUmperland Cpunty) No, 97-262 Our Fild No. 08047,00106 I 1; : I . I ' I Dear Judge Ole~: ;! : I I I' : I This will confirin thy telephbne discussion with your secretary, Ruth, in which I: requested on behalf ofbotb parties, ~ continuance ofthe hearing scheduled for Wednesday, February 16,2000, on mylPetition ~or Sanctions. The parties have worked out some th~ issues in dispute, and hope to be! able to resolve the remaining issues during the intervening time!period. The parties have agreed thkt the Petition for Sanctions shall remain pending, until eitheJi the matter is completely re~olyed or until a hearing is held. I would ask, and Plaintiffs' coUnsel does not object, to a resched~ling of the February 16 hearing for a date in May, as this will a$sist both sides in keeping'the ca.o;e ~loving fOlward, ' Kindly notify b~thlattomey~ as to Your Honor's assigmnent of a date in May, 2600 for a hearing on this Petition. Should Yqur Honor have any questions, 1 am certain that Mr. Philpott and I will make ourselves ~vailable ifor a conference in whichever form Your Honor pr~fers, , I , , Febnwy 14.2000 fTH.-14-2lJUl1 17: 17 TiI 01011-,tl1 c;UUl1l1",lIUlIUI12010h P. 0] . The Honorable Wesley]. Olc:r February. 14,2000 i. Page 2 I Thank you for your;kind judi~ial courtesy and consideration. . I I I !! I Ve Iy yo I I ./1- DMG:cfW I \Os AIllABIDMO\COIUl144234\crF\d8ool11OlJ106 . I I : ! i ! cc: ~erry Philpott. E~~irc (via f~) I, , I I ; I I i I I : i I i I I j I ! i I I i TOTAL P .133 BUNNIE YUD^CUFSKI, : Plaintiff IN TilE COURT OF COMMON PLE^S OF CUMBERL^NO COUNTY, PENNSYLV^NI^ v. CIVIL ^C'I'ION - L^ W IIILLS DEP^RTMENT STORE COMP^NY, Dcfendant NO. 97-0262 CIVIL TERM ^ND NOW, this ORDER OF COURT \ 'i ~ay of January, 2000, upon considcration of Dcfendant's Motion for Sanctions against Plaintiff Pursuant to Pa. R. Civ. 1'. 4019(a)(I)(viii)(c)(2), (3), (5), and Plaintifrs Rcsponsc to Rulc To Show Cause, a hearing is schcdulcd for Wcdnesday, Fcbruary 16,2000, at 9:30 a,m., in Courtroom No. I, Cumbcrland County Courthousc, Carlisle, Pcnnsylvania. BY THE COURT, Jcrry A. Philpott, Esq. 227 North High Strcct 1'.0. Box 116 (') co ..-J Duncannon, I' ^ 17020-0 I 16 5; to" -- ^ltomey for Plaintiff v (.-. :., {!If. , -=: Z'." ;;:~ r; ... ','. ~!:: - David M. Grcen, Esq. ~u ~ ~ J .~.:.\ '-j 100 Pine Strcet, 4th Floor ~;(") ~:o ..c. c. )iO~~ r:Y . ,1,1 P.O. Box 803 " ..< ~ '. Harrisburg, I' ^ 17108-0803 N ~q -. ^ltorney for Dcfendant :rc BUNNIE YlJDACUFSKI. : PlaintilT IN THE COllI{} OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LA W IIILLS DEPARTMENT STORE COMPANY. Dcfcndant NO. 97-0262 CIVIL TERM ,It ORDER OF COURT AND NOW, this I~ day of Dcccmbcr, 1999. upon considcration of Dcfcndant's Motion for Sanctions against Plaintiff Pursuant to Pa. R. Civ. P. 40 19(a)( I )(viii)(c)(2), (3). (5), a Rulc is hcrcby issued upon Plaintil1. to show causc why the rclicf rcqucstcd should not bc grantcd. RULE RETURNABLE within 20 days of scrvicc. BY THE COURT, Jcrry A. Philpott. Esq. 227 North High Strcct P.O. Box 116 Duncannon. PA 17020-0116 Attomcy for PlaintilT 1 (' t:t':9 ': -~, , , David M. Grccn, Esq. 100 Pinc Strcct, 4th Floor P.O. Box 803 Harrisburg, P A 17108-0803 Attorncy for Dcfcndant :'~J - '. \) ;;'J .0;-. ~'~J ... :rc ~ (h) Severe sprain and strain of the muscles, tendons, ligaments and other son tissues at or about the right c1bow; (i) Severe strain on the nerves and nervous system; and (j) Extreme mental and physieal anguish. (~, Plaintirrs Complaint, paragraph 8). 3. Plaintiffs eounsel agreed to producc thc PlaintifT for an Independent Medical Examination with Thomas Malin, M,D., an orthopedic surgeon. (~, Plaintirrs counsel's leller of July 30, 1999, allached hereto as Exhibit "A"). (~, allil, the undersigned counsel's leller of September 13,1999, giving notice of the October 14, 1999 IME, allached hereto as Exhibit "B"). 4. On September 17, I 999, the undersigned sent to Plaintiffs counsel an authorization to obtain the Plaintiffs medical records from one of her treating physicians, Bruce Goodman, M.D., an orthopaedic surgeon, (~, the undersigned counsel's Icllcr of September 17, 1999, allached hereto as Exhibit "C"). 5. Subsequent to October 14, 1999, which was the scheduled date of the Independent Medical Examination, the undersigned counscllcamed from Dr. Malin's office that PlaintifThad failed to appear for the Independent Medical Examination, For this failure to appear, Defendant was charged the sum of$200, A copy of dcfcnsc counsel's cover Icllcr to Plaintiffs counsel regarding Plaintirrs failure to appear and tendering the "no,show" fee for Plaintiffs payment is allached hereto as Exhibit "D". Dcfense counsel notified Plaintiffs counsel that an IME would be rescheduled in the very near fulure (Exhibit "D" hereto). 6, On October 26, 1999, defense counsel scntto Plaintiffs allomey a leller reitcrating the request that the Plaintiffsigll the medical authorization for the release of Dr, Goodman's records. (A copy of said leller is allached hereto as Exhibit "E"). 4 2 t 7. On November 8,1999, the undersigned wrote to Plaintiffs counsel to notify him that the Plaintiffs IME had been rescheduled for November 19, 1999 with Dr. Malin, A copy of the letter, whieh was sent via fax and regular mail, is attached hereto as Exhibit "r", 8. On November 18, 1999, the undersigned contacted Plaintiffs counsel's offiee and requested that Plaintiff be reminded to attend the November 19, 1999 IME. 9. On November 19, 1999, the undersigned was notified by Dr. Malin's office that the Plaintiff had telephoned Dr. Malin's office on the prior day at approximately 4:55 p.m. and notified Dr. Malin's office that she would not be appearing for the IME scheduled for November 19, 1999 and further indicated that she would not appear for any medical examination which was not scheduled by her own counsel. An Affidavit of the receptionist from Dr. Malin's office is attached hereto as Exhibit "G" and made a part hereof. 10. The undersigned has no reason to doubt that Plaintiffs counsel has advised the Plaintiff of the mandatory nature of attending the IME, as well as of the undersigned's expressed intention to file a Motion for Sanctions in the event that she were to fail to attend the second scheduled IME (Exhibit "0" attached hereto), II. As a result of Plaintiffs "last minute" telephone call to Dr. Malin, advising that she would not appear for the November 19, 1999 IME, Defendant has incurred a cancellation fee in the sum of$200.00. (~, invoice attaehed hereto as Exhibit "H"). 12. Pursuant to Pa.R.Civ.P. 4019(a)(I)(viii), this Honorable Court may enter an appropriate Order if a party fails to make discovery. 13. At no time has the Plaintiff advanced an objection to attending the IME through her counselor otherwise, but merely has failed or refused to attend the IME. I- 3 ~ 14. Pursuanlto Pa.R.Civ.P, 4019(c)(2),(3),(5), this Honorable Court is empowered to enter an Order entering a judgment of non pros against the Plainliffas a disobedient party or, in the altemalive, prohibiting the Pluintifffrom introducing evidence of her physicul or mental condition; or such other Order with respect to failure to make discovery as this Honorable Court deems just. 15. It is clear from Plaintiffs failure to appear at the firstlME, and her "lust minute" telephone call to announce her intention not to appear at the second examination, despite ample notice of both examinations, that the Plaintiff does not intend to submit to an IME in this case, in what appears to be disregard of her own allomey's advice. 16. Accordingly, having been given two (2) opportunities to allend an IME, and having refused twice to do so, Plaintiff should suffer sanctions in the fonn of dismissal, with prejudice, of her claims against Defendant. 17. Concurrence of Plaintiffs counsel to the within Motion was sought on November 22, 1999, and such consent was denied. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order granting sanctions against Plaintiff and dismissing Plaintiffs action, with prejudice, or, in the altemative, enter an Order prohibiting Plaintiff from introducing evidence of her physical or mental condition at trial or arbitration of this maller, It is further respectfully requested that this Honorable Court enter an Order directing Plainliffto pay to Defendant the sum of$400.00 representing the fees incurred by Defendant as a result of Plaintiffs failure to appear for her Independent Medical Examinations. Further, Defendant respectfully requests this Honorable 4 . w Court enter an Order compelling Plaintiff to pay to Defendant rcasonablc counscl fees incurred in thc preparation of this Motion for Sanctions. Rcspectfully submitted, DATE: J vi ;> (crt MARSIIALL, DENNEIIEY, WARNER, COLEMAN & GOGGIN BY'~') I ~ DAVID M, GRtEN, ESQUIRE I.D. NO. 47381 100 Pine Street - 4th Floor P.O. Box 803 Harrisburg, P A 17108-0803 (717) 232-9325 ATTORNEYS FOR DEFENDANT 5 c--- IICT1UIJlEM. l'I:NNSnVANIA 1610100HI" FAX. (6101 aJ1-4JM OOYUSTOWN, rtNNffiVANIA UI5)H8.161l FAX'11Il1l44-l0' WE. PENN3"YlVANIA (In4) 454..060 FAX: (1I1414~9.4HO LANCASTER. ~NSnV^NI^ (111) )99.I&U fAX; (7111 )99.IU) NEWTOWN SQUAAE. rtNNSYLVANIA I6I011ll,1II0 FAX,16101111,1ll' NORJl.I~, PDlNSYtVANIA (61011'1-4W FAX: (6101191-0410 PlUUDELl'IUA. rtNNffiV^"IA 11IlIlll,l600 FAX,(l\lllll.()816 LAW orners MARSHALL, DFNNElli:y, W ARNFR COLEMAN (;) GOCC,IN Direct Dial 717-232-9325 1'lffi8URllll. TI:NNSnVA'NIA 1411100\.11'" FAX (4Il100),II.. SC'RAN1UN. f'DlNSnVANIA (1111141,1'" FAX (1111 HI.... WILllAMSroIlT. PtliNsnVANIA (111) )16<9091 FAX 11111 Jl6,llOl CHEAAY 11Iu., NEW )EJUiEY (6091414"""" FAX, (60914IHOll UVINru.'1ON, NEW IERSEY 191I1191,1ll1 FAX'('llll'l,1111 WILMINGTON, Cl'U.WAAE (1011611,1900 FAX, (1011611,1901 waRTON, WEST VlROINIA (lOll 14&-1400 FA)(, (lOll 144-0610 ~ '. ~ ^ l'llOl'ESSIONAL mRl\ll\AT1oN 100 MHE STP.EI:i, 4nl fUXJR PO. fW.1XIlOJ IlAkRIS8URO. I'WNsYlVANIA 11I08.Q11OJ (lllllll,IOll CABlE AOlJftE..'iS - MARSIIAU FAX: 1111) lU.llI49 Wt'b Sill: wwwmJMI(urn September 13,1999 Jerry A. Philpott, Esquire 227 North High Street P.O. Box 116 Duncannon, r A 17020-0116 RE: Yudacufski v, Hills Department Store Company ccr (Cumberland County) No, 97-262 Our File No. 08047-00106 Dear Mr. Philpott: Kindly direct Ms. Yudaeufski to appear at the offices ofThomas H. Malin, M,D., 2800 Green Street, Harrisburg, on October 14, 1999 at II :00 a.m. Ms. Yudacufski is 10 bring with her any and all x-ray films, MRI films and other studies on the knee she alleged she injured at Hills. Has your client had an opportunity to review her medieal reeords with her treating physicians? Is she now in a position to discuss final settlement of this case? Claims responsibility for this file has been changed, and Mr. Hardiman is no longer administering this file. I do not have any additional settlement authority beyond the sum of $10,000.00. Before 1 allemptlo gel any additional authority to close Ihis file, 1 need 10 know if your client's expeelations will be adjusted 10 a more realistic level. Jerry A, Philpott, Esquire September 13, I<J<J<J Page 2. Thank you for your kind courtesy and cooperation in facilitating your client's attendance at the IME. Should you have any questions, please feel free to contact me. DMG:cfw . t t " 'EXHIBrr' , 11:> . , ' : .' .... EJtH'BIf f_...~,_ IlI1lllUllElA. IOINSllVANIA (6101"'1-4"" FA)(, (6101"'1-4l6l1 lJO\'lJ!SI'(NN, I91NSYtVANIA (11'))41.1611 FA)(, 11111 )4I.S419 ElUE. PEllNSllVANI^ (1I,),SHl6Il FA)(, (1I'14lt~140 lANCASTD. IOINffiVANIA 111ll199,I"S FAXl ntH )99.1SS1 NEWTCIMl SQUME. IOINffiVANIA (610) m.mo fAX: (610))U.l1Ja tIOMlSlOWtI. IOINffiVANIA (1I0)191~ FA)(, (110) 191,0410 PlU1.AllW'lIlA. IOINSllVANIA (Ill) m,16OO FA)(,(m)m~16 LAW OFF1cr"~ ' MARSHALL, DENNEHEY , WARNER COLEMAN (;) GOGGIN I I . J ^ I'RClffiSSI000AL OOIUOMTIOtI PITTSIIUROII, I'tIItISllVAIIIA (4111 "'1.1140 FM (411) "'H I" ~.I't){NSYlVANI^ (III) 14J.1999 FM (1II1141~999 WlWAMSIORT, IOINffiVANIA (11I1116.9091 FM (III) 116-SI01 OIElUlY IUU. NEVI JERSEY (609) 41....xx> FM (609) '"$/1 UVINOSl'ON, tIEW JERSEY (911) S9J.l1!l FM (911) m.)))) Vl\LMJloIOTON, DELAWARE (101) 6SI.l9OO FM (101) 6l1.79QS WElR~. WEST VUlOItlIA (1OI)11I-11OO FM (1OI)141~1O 100 PINE SI1lEIIT, mt IUJOI\ '.0. BOX an IWlPJS8UI\O, IOINffiVANIA 1lI1l1l001 (111111I.1011 !:ABlf ^llORESS - MMSIWL FAX,tlIllIlJ.l"9 WdI Sn., wwwrnd.,wrD Direct Dial 717-232-9325 October 26, 1999 Jerry A. Philpott, Esquire 227 North High Strcet P.O. Box 116 Duncnnnon, P A 17020-0116 RE: Yudacufski v. Hills Department Store Companv CCP (Cumberland County) No. 97-262 Our File No. 08047-00106 Dear Mr. Philpott: Please refer to my letter of September 17, 1999, during which I asked your client to sign an authorization for the release of her medical records from Dr. Goodman. I enclose another copy of the authorization. Please obtain your client's signature on the authorization and return it to me as soon as possible. I will provide you with copies of whatever records I receive from Dr. Goodman. Should you have any questions, please feel free to contact me. As always, thank you for your kind courtesy and consideration. Uu)y 'Z,. .GRE DMG/acs enc. eEl1lUllEM.l'l!NNsnVANIA (610) "1.0<40 FAXd6l01101-4\68 OOYlESTQWN, I'l!NNSY\.VANIA 11Il114l,1611 FA,)(,1I1l114l,1419 ERlE.I'l!NNSYlVANIA 18141414-4160 FAXl (SI41459-4140 lANCASItll. PfloINSY\.VANIA 17111199,1114\ FAX,1I111199,"11 NEVtTOWN SQUAU. PfloINSY\.VANIA 1610111I,11I0 FAX, (610Illl.1Il6 NOPJUSTO'o'N. PENNsnVANIA (6101191-4440 FAX,16101191-0410 nul.AJlElJ'H\A. PENNSY\.VANIA (1Il1111.I600 FAX> (lIll171-Oll16 , LAW DllleES MARSHALL, DENNElIEY, W ARNl:l{. COLEMAN (;) GOCCIN rrITS8UROH. ppm~nVAN1^ (41111101,11\0 fAX, l411l80HIM S<1W<TON, PfloINSYlVANIA (1111141,1999 FAX, (lIl114H999 WIWAMSFORT. PfloINSY\.VANIA 17IIIll"""'1 FAX> (lI1l116,llOl OlEPJlY lUll. NEW JEJU>EY (60914IHOOO FAX> (60914IHOll LJVIN(lSl'ON. NEW JERSEY (9111191-1111 FAX> (911) \91,5115 WlU.UN01OO, OElAWARE (1011 651.!9OIl FAXdlOl) 611,1905 WElRTON. WEST VIl\OINIA 13041141-1400 FAX, (1041141.0610 A l'I\ot-'ESSIONAl aJRI'ORAT10N 100 MNE STllEET, 4TIIIUXJR roroxllOl IlARlUSI\lJRO, i'ENNsnVANtA 11108.otlOl 17II1lll,IOll CAIII.f ADORE';S _IoWlSIIAU FAX,17I71111,11I49 Web SlIr; .-md_,(llCn Direct Dial 717-232-9325 BY FACSIMILE AND MAIL November 8, 1999 Jerry A. Philpott, Esquire 227 North High Street P.O. Box 116 Duncannon, PA 17020-0116 RE: Yudacufski v. Hills Dcpartmcnt Storc Company CCP (Cumberland County) No. 97-262 Our File No. 08047-00106 Dear Mr. Philpott: Please be advised that your elicnt's indcpendent medical examination has been rc- schedulcd for Novembcr 19, 1999 at 10: IS a.m. at thc office ofThomas H. Malin, M.D., 99 November Drive, Camp Hill, PA. Dr. Malin's telephonc number is 761-8644. Please convey this notice to your client and remind hcr that her attendance is mandatory. If she finds that an emergency or unforeseen circumstance prevents her from attending, she should notify the doctor's office immediately. Thank you for your kind courtesy and anticipated coopcration. Ve \ DMG:cfw \Os _A ILlAIIIDMG\CORRI3861 S\CFI'\0804T1OOlOb ;t;:t.t****:t:.:t,:t:t:t:r:t -tlt1l1, JU....1.lL- :.:t:..:t::+:t,**:t:..:..:.:.:.:.l:u:t:.. lllllL f'lJ)-l11.1-1I;jljlj :t:..:.:t.. IIMl: l',";LU :t:t:..:. ......1 l'1UL'lo - 11.'.# bl'1l ~,~,J Lll ~,1I1t<i1 fl.1I J-l1l:t 1'(':l11 ~IILI IU)-LIC! 1',':UJ tl!. '.l.tI ~~L','tllloll< ~lIl1lLll tlil'1:J t-1U_l;:, 1"H.>,Il!. ~"''lJ..>I.11M I.n II:.LI:."'\-IOIII:. Illl. 001 Ll': .. 446111 ~,UUl'"~,UlW l1lU -Mlll<'c-HlILI_.l'l:NI:.Hl:;,( Htl.> , ****:r:t.::.::t.::...:*******:t::t:*****:U::+::t:to;***:t:**:t:*:..**I. fHX-J1U ~J~, lE::j:" - - :t.***:t--:..**:t:;t.:;"':1< '. :'",;~EXHIBrr."," I~"; (") ,,> " c: U,) " ',0' r.> -:li ,-. , 1 ..., ~l;:t.: ' ,.., ,,:,01... I :{,. -. 1.i...1 ,:.' :;~ , .( ..- " ) ~ Co; ~) ~_); f\ ;"'C ., .~ -, ~ ~... .. ~.:J --<. lJl ", ,. n, 0 V. " , . : , , , f. I I , I.. I <- t_ r- .. . C. ] .. '" I I I i , f I ~ 'II G - << ..', h ~i :;Jot_. r (\ '. ....? -. (..,)'.. "'... ;-.. ':C: "- t.); :j , , 0', ~ ,'.,t, 1...-,:, N \ ..~ to, ...... c..~ ! i:;, -'!J l:IU.) if ::::J 1:)0.. -. '" ~ ~ ,.. en ... ~ ~ 8 II ~~~:~ i ... Ii co IS 0 '" Ii .. 0 .. ;.. It.. . ;) ~ % d :: ~ ~ ti 0: i I.. 1 ::: z ~ i ~ g % Q ~ . , 5. Count I of the Joinder Complaint alleges strict liability as to Additional Defendant Spectrowax, without specifying any material facts upon which such a cause of action is based. 6. Count II of the Joinder Complaint alleges negligence as to Additional Defendant Spectrowax, without specifying any material facts upon which such a cause of action is based. 7. Count III of the Joinder Complaint alleges breach of warranty as to Additional Defendant Spectrowax, without specifying any material facts upon which such a cause of action is based. I. MOTION TO STRIKE/MOTION FOR MORE SPECIFIC PLEADING 8. Paragraphs 1.7 above are incorporated herein by reference as if set forth at length. 9. Pa.R.C.P. 1019(a) requires the material facts on which a claim is based to be pleaded specifically. 10. Specifically, there are no facts identifying the allegedly defective products, the nature of the alleged warranties, or how Additional Defendant Spectrowax was in any specific way negligent. 11. Absent such material facts, Additional Defendant cannot prepare a meaningful response to the Joinder Complaint, and cannot investigate or defend these claims. 2 f f ~ WHEREFORE, Additional Defendant Spectrowax respectfully requests this Honorable Court to strike off Counts I, II and III for lack of specificity or alternatively order the Defendant to file a more specific pleading. Respectfully submitted, THOMAS. THOMAS & HAFER By: St lien E. Geduldig, Esqu re Attorney 1.0. #43530 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 (7171237-7119 ATTORNEYS FOR SPECTROWAX CORP. 3 t BUNNIE YUDACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. HILLS DEPARTMENT STORE COMPANY, NO.: 97-262 CIVIL TERM Defendant v. SPECTROWAX, Additional Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO THE PRELIMINARY OBJECTIONS OF ADDITIONAL DEFENDANT Defendant, Hills Department Store Company, (hereinafter referred to as "Defendant"), hereby files the following Answer to the Preliminary Objections of Additional Defendant to Defendant's Joinder Complaint, and avers as follows: 1. It is admitted that Plaintiff alleges in the Complaint that she was involved in a slip and fall accident which occurred on February 16, 2. Admitted. 3 . Admitted. 4 . Admitted. 5. Denied. 6. Denied. 7 . Denied. 1995, at the Hills Department Store. I. MOTION TO STRIKE/MOTION FOR MORE SPECIFIC PLEADING 8. Paragraphs 1 through 7 above are incorporated herein by reference as if set forth at length. 9. Pa.R.C.P. 1019(a) speaks for itself. 10. Denied. 11. Denied. WHEREFORE, Defendant, Hills Department Store Co. respectfully requests that this Honorable Court deny the Preliminary Objections of Additional Defendant, or in the alternative, permit Defendant to plead a more specific Joinder Complaint against Additional Defendant, Spectrowax. MARSHALL, DENNE HEY , WARNER, COLEMAN AND GOGGIN BY: LYNN REUTE USER, ESQUIRE 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, PA 17108-0803 I.D. No. 66887 (717) 232-4641 Attorneys for Defendant, Hills Department Store Company DATE: September 24, 1997 -2- I r . f I I. , ! r , (") \D 0 I c.;~ _I -n . ,,, -,1 ~:~. ..., ,- ':J '-,-:-1 .,' ..~. :-..) .. L, c. -y ~ t:) ,. '0 I:) 0'__> . . L/a , ...:,' .., .. , "." ;:;~ 'V " t . ~ o BUNNIE YUDACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 97-262 CIVIL TERM HILLS DEPARTMENT STORE COMPANY, JURY TRIAL DEMANDED Defendant v. SPECTROWAX, Additional Defendant: NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, Pa. 17103-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe prsenar una apariencia escrita 0 en persona 0 por abogato y archivar en la corte en forma escrista sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se deefiende, la corte tomara medidas y puede entrar una orden cOl,tra usted sin revio aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, Pa. 17103-3387 (717) 240-6200 LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. 4. Said Writ was served upon Spectrowax by Certified Mail, Return Receipt Requested, upon the address of 70 Hichborn Street, Brighton, MA 02135, on April 15, 1997. (A true and correct copy of the Affidavit of Service regarding this Writ is attached hereto as Exhibit "C"). 5. Defendant incorporates by reference, as if set forth at length herein, all material and well-pleaded allegations contained in Plaintiff's Complaint for purposes of its Joinder Complaint against Spectrowax, without admitting same. 6. Plaintiff alleges in her Complaint that her alleged injuries and/or damages were proximately caused by an application of wax on the floor of the Hills in Camp Hill, Pennsylvania. 7. At all times material hereto, Spectrowax were acting on its own behalf or through its own agents, servants, and employees who were acting on Additional Defendant's behalf and within the scope and course of their authority. 8. Spectrowax at all times relevant to the transactions and events described in Plaintiff's Complaint, was in the business of designing, planning, constructing, recommending, manufacturing, assembling, inspecting, specifying, installing, supplying, and placing into commerce, the wax upon which Plaintiff alleges she fell, on or about February 16, 1995, which is set forth in her Complaint. 9. Prior to February 16, 1995, said wax had been obtained from Spectrowax for use by the Hills Department Store Company in Camp Hill, Pennsylvania. -2- 10. Said wax had been applied on the floors of the Hills' Camp Hill store, prior to February 16, 1995. COUNT I STRICT LIABILITY 11. Hills incorporates by reference, as if fully set forth at length herein, Paragraphs 1 through 10 of its Joinder Complaint. 12. In her Complaint, plaintiff avers that her injuries were caused by the extremely slipperiness of the floor due to the result of an application of wax. 13. The subject floor was applied with the wax of Spectrowax, which Spectrowax, in the course of their business, manufactured, certified, supplied, and placed into the stream of commerce said wax, in a manner which was not in a proper workmanlike fashion, lacking elements necessary to make it safe for use and containing conditions that made it unreasonably defective to the ultimate users, consumers and bystanders, including Plaintiff. 14. The loss and damages sustained by Plaintiff as aforesaid were the direct and proximate result of Spectrowax's designing, planning, constructing, recommending, manufacturing, assembling, inspecting, specifying, installing, supplying, and placing on the market said wax in a defective condition unreasonably dangerous to the users or consumers, including -3- Plaintiff, and in a manner which was not in a good and proper workmanlike fashion, lacking warnings, and other elements necessary to make it safe for users and consumers. 15. Spectrowax is strictly li~ble in tort to Plaintiff, under the laws encompassed in Sections 388, 402 A and other applicable Pennsylvania Law. WHEREFORE, Hills demands that judgment be entered in its favor and against Additional Defendant Spectrowax for the sum identified in Plaintiff's Complaint, along with such other relief which may be deemed appropriate pursuant to Pennsylvania Rule of Civil Procedure 2252 (a) (4). In the alternative, if in the event a determination is made that Plaintiff is entitled to recover damages described in her Complaint in this action, then Additional Defendant, Spectrowax, must be found jointly and severally liable with Defendant, or liable over to Defendant by way of contribution and/or indemnification. COUNT II NEGLIGENCE 16. Hills incorporates by reference, as if fully set forth at length herein, Paragraphs 1 through 15 of its Joinder Complaint. 17. The incident referred to in Plaintiff's Complaint allegedly resulted in injuries and/or damages sustained by Plaintiff, which are hereby denied, and said injuries and/or -4- damages were caused by the negligence, carelessness and recklessness of Spectrowax, in the following ways: (a) negligently manufacturing and/or supplying the wax in question; (b) failing to conduct prior and adequate inspecting of the wax so as to ensure that the aforementioned wax was safe for its intended use; (c) negligently designing the wax; (d) negligently failing to warn customers of the dangerous conditions inherent in the wax; (e) failing to provide proper and adequate instructions, manuals, information, warnings, and recommendations relating to the application and utilizations of the subject wax; (f) in failing to discover the defective nature of the subject wax; and (g) in failing to supply the subject wax in a good and workmanlike fashion. 18. As a direct and proximate result of the negligence, recklessness, and carelessness of Spectrowax, the incident refereed to in Plaintiff's Complaint occurred and resulted in the plaintiff allegedly sustained injuries and/or damages as outlined in Plaintiff's Complaint. WHEREFORE, Hills demands that judgment be entered in its favor and against Additional Defendant Spectrowax for the sum identified in Plaintiff's Complaint, along with such other relief -5- ~ ~ t ~ which may be deemed appropriate pursuant to Pennsylvania Rule of civil Procedure 2252 (a) (4). In the alternative, if in the event a determination is made that Plaintiff is entitled to recover damages described in her Complaint in this action, then Additional Defendant, Spectrowax, must be found jointly and severally liable with Defendant, or liable over to Defendant by way of contribution and/or indemnification. COUNT III BREACH OF WARRANTY 19. Hills incorporates by reference, as if fully set forth at length herein, paragraphs 1 through 18 of its Joinder Complaint. 20. Spectrowax, in the course of their business, by releasing the wax into the stream of commerce, impliedly warranted that it was fit for the purpose for which it was designed, that it was safe, and that it was safe for its intended uses. 21. Spectrowax also impliedly warranted that the wax was of merchantable quality, fit, safe and in proper condition for the ordinary use for which it was designed and used. 22. Spectrowax also expressly warranted that the wax was safe for its intended uses. 23. The wax designed, manufactured, produced, distributed and/or placed into the stream of commerce was not of a -6- merchantable quality, nor was it fit for its particular purpose, nor was it safe as expressly warranted. Rather it was unfit, unsafe and unsuitable for the purpose indicated. 24. As a result of which Spectrowax breached its express warranties and implied warranty of merchantability and fitness for a particular purpose, and the incident in described in Plaintiff's Complaint occurred and Plaintiff was caused to allegedly sustain the injuries and/or damages averred in her Complaint. WHEREFORE, Hills demands that judgment be entered in its favor and against Additional Defendant Spectrowax for the sum identified in Plaintiff's Complaint, along with such other relief which may be deemed appropriate pursuant to Pennsylvania Rule of Civil Procedure 2252 (a) (4). In the alternative, if in the event a determination is made that Plaintiff is entitled to recover damages described in her Complaint in this action, then Additional Defendant, Spectrowax, must be found jointly and severally liable with Defendant, or liable over to Defendant by -7- way of contribution and/or indemnification. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DATE: ~# ~, 10C{t L-- E HUBER, ESQ. treet - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 1. D. 66887 (717) 232-4641 ATTORNEY FOR DEFENDANT HILLS -8- ~ BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaint if f v. NO. HILLS DEPARTMENT STORES Defendant CIVIl, ACTION LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (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 en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4 th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 2 LAW OFFICES Of TIMOTIIY A, SIIOLUN8EROER ISla lINGlESTCNIN ROAD . PO BOX 6OS1S . UAIUltS8UP.G, rA 171060S4\ (1IH 134.1100 . FAX (711) ZJ48111 I' tI BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, BUNNIE YUDACUFSKI, by and through her attorneys, the LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and does respectfully represent the following: 1. The Plaintiff, BUNNIE YUDACUFSKI, is an adult individual who currently resides at 30 S. 17th Street, Apt. 4, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, HILLS DEPARTMENT STORES (hereinafter "HILLS") is a corporation incorporated in the State of Delaware and has a registered mailing address in Pennsylvania of C.T. Corporation Systems, 1635 Market. Street, Philadelphia, Pennsylvania 19103. 3. The facts and circumstances hereinafter set forth took place on February 16, 1995, at or about 3:46 p,m, in the Hills Department Store, Store Number 0035, located at 3431 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania. 4. At all times relevant hereto, Defendant, HILLS, was the owner and operator of the aforememtioned HILLS DEPARTMENT STORE. 5. At all times relevant hereto, Plaintiff, BUNNIE YUDACUFSKI, was a business invitee of HILLS. 6. At the aforesaid time and place, the Plaintiff. BUNNIE YUDACUFSKI, was walking in an aisle of the shopping area of the aforementioned HILLS when she slipped and fell as a result of wax on the floor, 3 LAW OFiICE5 Of TIMOTIlV A, SHOLLENBERGER 1810 llNGlESTCNIN ROAD . PO BOX 60S4~ . ItARfl,ISl\Ufl,C.. PA 11106 0'14" OIl) lt4-1100 . fAX 11111114~11l , , 7. At the aforesaid time and place, the floor in this particular area of HILLS was extremely slippery as a result of an application of wax. There was no indication that the floor was wet or slippery, nor was there a sign placed upon the floor warning the business invitees such as Plaintiff, BUNNIE YUDACUFSKI, of the slippery, hazardous conditions. 8. As a result of the aforementioned fall, the Plaintiff, BUNNIE YUDACUFSKI, sustained serious and permanent injuries including, but not limited to the following: (a) Chronic subacromial bursitis of the right shoulder; (b) Traumatic chondromalacia patella of both knees; (c) Aggravation of degenerative changes at or about the knees; (d) Strain/sprain of the muscles, cartilage and ligaments of the left knee; (e) Strain/spl'ain of the muscles, cartilage and ligaments of the right knee; (f) Closed head injury; (g) Torn lateral meniscus of the left knee; (hI Severe sprain and strain of the muscles, tendons, ligaments and other soft tissues at or about the right elbow; (i) Severe strain on the nerves and nervous system; and (j) Extreme mental and physical anguish, 9. The aforesaid fall and resulting injury to the Plaintiff, BUNNIE YUDACUFSKI, was caused as a direct and proximate result of the negligence, carelessness and recklessness of the Defendant, HILLS, which consisted of the following: (a) Allowing the existence of a dangerous condition on Defendant's premises; 4 LAW OFTIl."f.S 0. TIl.lOTI\Y ^. Sl10LLENDERGER 11110 lINGl.ESTCNIN ROAD . PO OOX 6O~H . tlARRIS8UFH" PA 11106 OH\ 11I111H 1100 . rAX 011111411111 , '" (b) Failing to adequately and properly maintain the floor of the HILLS in a safe condition; (c) Failing to make the premises of the HILLS safe for use of Defendant's invitees; (dl Failing to properly inspect the premises of Defendant's premises; (e) Failing to provide adequate notice of the dangerous and slippery condition of the aisle; (f) Failing to exercise reasonable care to maintain said premises; and (gl Failing to take any measures whatsoever to remedy the dangerous condition which existed on Defendant's premises. 10. The Defendant's, HILLS, failure to maintain the aisle when they had knowledge that it was in a slippery condition, constitutes willful, wanton and malicious indifference to the rights and safety of the Plaintiff, justifying the imposition of punitive damages. 11. The aforesaid incident was caused as a direct and proximate result of the wrongful and liability producing conduct of the Defendant, HILLS, as herein set forth and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, BUNNIE YUDACUFSKI. 12. As a result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has been obliged to expend various and diverse and sums of money for medicine and medical care and treatment in and about an effort to cure herself of the ills and injuries she has suffered and will be obliged to do so in the future to her great detriment and loss, 13. As a further result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has undergone great physical pain and mental anguish, as well as embarrassment and humiliation and will continue to endure the same for an indefinite time into the s LAW OfllCES Of TIt.mTIlV A, SIiOLLENDERGER 1810 lINGU.STCNIN ROAD. PO OOX 6OH\ . HARP,ISBUlui. M 111060\4\ 0111114 noo . FAX 0111114 ~11l , future to her great detriment and loss, for which damages are claimed, 14. As a further result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has been extremely inconvenienced and unable to attend her life's daily activities, as well as having been deprived of life's pleasures and will continue to suffer same for an indefinite period of time into the future to her great detriment and loss. 15. As a further result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has suffered other expenses and losses for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, BUNNIE YUDACUFSKI, has suffered and may continue to suffer a loss of earnings and earning capacity for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, BUNNIE YUDACUFSKI, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed, WHEREFORE, Plaintiff, BUNNIE YUDACUFSKI, demands jUdgment against the Defendant, HILLS DEPARTMENT STORES for compensatory damages in excess of the amount requiring compulsory arbitration. Respectfully submitted, LAW OFFICES OF TIMOTHY I A, SHOLLENBERGER By: j .I . (.. I/[~ I Karl J. Ja'nu~ii AttorneY'I,D, No. 65575 Dated: January 16, 1997 TRUE COPY FROM RECORD In T esllmony whereof. I hIJr8 unto set my hand and the soal 01 said Court at Carlisle. Pa, Thi ~ day 01 19 9,) G </.: r LAlli OfTlCES Of TIMOTIlY A. S110LLENDERGER 11\10 lINciIL'lTCN!N ROAD. Po nox 60SH . IfARRI')nIJlll, r'^ 111(\t,O\4\ 11111 114 1100 . IA)( 1111)11. Rill Cumberland County, 88: The Commonwealth of Pennsylvania to "p'"tr" W"" (Name of Additional Drlendant\ You are notified that Hi 11" ~P"rl-mI;>'lt c::tom ~ (Name (sl 0 De endant ($) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date April 8, 1997. Lawrence E. Welker ProdlOnotary --By A~ ~ P. CPJ>?fi""'-' j)",y . nq;..ty I (SEAL) Spectra Wax 70 Hichborn Street Brighton, MA 02135 TRUE COpy FROM RECORD i!11l~,:i:mny whelool. I here unto ~e: n:v I:and " ,: '::~ c~~1 01 saiO Court at Carlisi') Pa, . . "\* of/... da~' 19' 0',) ..'.......~....... "'.' "". .t ~__ ,~,~:!'> IBIT": I,...,. ., . ;k~:!','''e; .... ."' Prothonotary t ,0 E; , '# "'~f.'tl....t"8 ..... . oog ~~ ~ o~ 00 0 ~~~~~"il p: [ Q)"'~Q) if~ ~I-j ~ ~~ OUl . "~"ml F=O ~ UI ~ 2 t:lO ~ lit' ;j I (?: to:l~ :0- "lj~ "- P- o ... e, ... Q) rT" .. to:lto:l g ~&?'I ". ~t:l 0 ;;l " o .....0 !!. jl > w .. >> t:l " ~~ t 0 B r il ~ t l~ BUNNIE YUDACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 97-262 CIVIL TERM HILLS DEPARTMENT STORE COMPANY, JURY TRIAL DEMANDED Defendant ,. .') 'I l.-) '" v. SPECTRA WAX, Additional Defendant: '" .., -' '" '''';' ! ;.~:' I,q ',J ~0 ! : ,~ J -I: ) ,Ii1 ,"J J r . . AFFIDAVIT OF SERVICE : , .... I, Lynn F. Reutelhuber, Esquire, counsel for Defendant, Hills Department Store Company, do hereby affirm that a true and correct copy of the return receipt of the Writ to Join Additional Defendant Spectra Wax was sent via certified mail, return receipt requested, to Spectra Wax at 700 Hichborn Street, Brighton, MA 02135, which return receipt appears to contain the signature of S. Khall, as agent, and served on April 15, 1997, is attached hereto as Exhibit "A". The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. DATE: Arl')l JI, '(1C(.t MARSHALL, DENNEHEY, WARNER, CO MAN & OGGIN f h-- L NN F. UTELHUBER, ESQ. 100 pine Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 66887 (717) 232-4641 BY: ATTORNEY FOR DEFENDANT .i"b~';' 'I""\~ i"'IiftioUIBIT ,> . ;;'~(7 . 'j ':'~'.~'?):.'.( . j.-' - ". :- f ~ ; ,..., ~ ...... I. I I . :a . E DE : · Com...... k...., "''''lJ'''I''9' 'ddil"""",...,.,...! 1I11 II 11 II j' II' Cornp6tt'hllnl3 _rid.. IIb,I I . I . Print '(OUt' name and add,... on the f've,.. 0' tN, 'orm 10 thlt w. CM r.tum thl, Clrd to you. I G . A<<.ch thl, form to lhe I,ont ollhe m.llpl.ce, Of on thI bKk H aptU 0 Addre.see', Addr... . J ~ dot. not permit. ! Ji.: ' 'ti . Wrlt."R.lurnR.telptR'QUUltd"OflttMm,i!ptec.btIoWthellJtklenumbtr 2. 0 ROItrlcted Delivery R ' . The A.tum R.celpt win .how 10 whom 1M .rtk~ WI. deli~,~ and the dttl . g d.II....red. Consult a.tm.lte, for fee. : i 3, Artlelo A~~r~~.ed to: 4.. ele a~ (p _ 7 (p } Spectra Wax 4b. orvlce Typo j 8 70 Hichborn Street Regllterod Oln.urod I 1Il Brighton, MA 02135 CortJlled 0 COD I w Expro.. 0 Re !l ~O~ ~ ". ~. ... iJ ~ . DOMESTIC RETURN RECEIPT .. [ . - ::;<~-fi';'i'rr:~" "': i " " I :.\ . .. ..._.....__ ...1 BUNNIE YUDACUFSKI, Plaintiff IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 97-262 CIVIL TERM HILLS DEPARTMENT STORE COMPANY, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Lynn F. Reutelhuber of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 21st day of April, 1997, a copy of the attached document, Affidavit of Service, was served via First Class United States mail, postage prepaid as follows: Karl J. Januzzi, Esquire LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 Linglestown Road, P.O. Box 60545 Harrisburg, PA 17106-0545 Spectra Wax 70 Hichborn Street Brighton, ~~ 02135 , . f",r."o':nrE 1_.r:lJ \, ~... ,",r: - . ,,,...~ J'" ,- T- .',',} . '')If.~1 i f en ,1I;l~ 'e p;-: :1: 19 ~ C'.':":". . '.. ,.. i,' ",'N ',- ",-,'" I'" \1 ~ ", \ , 'I . l. ".V"_ \ BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 10th day of June, 1997 I hereby certify that I have served the following Plaintiff's Answers to Interrogatories Addressed to Plaintiff and Request for Production of Documents on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lynn F. Reutelhuber, Esq. Marshall, Dennehey, Warner, Coleman & Coggin 100 pine Street, 4th Floor P. O. Box 803 Harrisburg, Pa. 17108-0803 Respectfully submitted, SHOLLENBERGER By: arl . Januzzi, Esq. Attorney I.D. #65575 Dated: June 10, 1997 lAW OfflU:S n~ TIMonlV ^. sttOLlENBERGER l/l~~' lISlilf.STO\J/N RlV.1l . 1'0 (\l.'X t>0H~ . IL-\RRISI't'RCj, I'.~ lill'n l'H~ 1i1711\4.17~'\' . ~^X 171711H ,~!I! ~ y THOMAS. THOMAS" HAFER BY: Stophon E, Ooduldlg, Esquiro IdontlflcoUon No, 43530 306 North Front Street P,O, Box 999 Ho"loburg, PA 17108.0999 BURNIE YUDACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 97.262 CIVIL v. HILLS' DEPARTMENT STORE COMPANY, Defendant v. SPECTROWAX CORP., Additional Defendant PRAECIPE AND RULE TO FILE TO THE PROTHONOTARY: Kindly issued Rule on Defendant to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. THOMAS, THOMAS & HAFER 0",,, ~(i? Stephen E. Geduldig, Esq Attorney I.D. # 43530 305 North Front Street P. O. Box 999 Harrisburg, PA 17108.0999 (717) 237.7119 ATTORNEYS FOR SPECTROWAX CORP. f ~ ~ .. t I I r :' ,0 n ,. -J 'oJ ,'. -.j ..... ':'J I -..,; " . I ':~ I,;) ,. oJ , I --\1 "' !~'l J;--; 1111 I , .~t I => ......~ I f':l ", BURN IE YUOACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 97.262 CIVIL v. HILLS' DEPARTMENT STORE COMPANY, Defendant v. SPECTROWAX CORP.. Additional Dofondant RULE TO FILE COMPLAINT AND NOW, this _;:... day of n\ 4 J ' 1997, Rule is issued upon the Defendant to filo a Complaint in tho above captioned case within twenty (20) days after service of tho Rulo or suffor 0 judgment of non pros. BY THE COURT: / (l "'~i' J . 1~~ll tltt,. ~ ( ( _ _j { )..lp'L- Prothonotary J,~ B-1 j,I-~L ! ;j M'(J- , 0tj ~~~ r~ .D ~ -' , :-:I~ . -r-" :.... -:ii9. ~ -' , , -~ ,.j '~~ . , - ~ ; i , ~ - ..,', '--q -." . !(-) ...- )'11 ..., .. ~ , ? :""1 ..-, ,< I::> ". BUNNIE YUDACUFSKI, Plaintiff v. I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HILLS DEPARTMENT STORE COMPANY, Defendant NO. 97-0262 CIVIL TERM ORDER OF COURT AND NOW, this <qTt. day of May, 1997, upon consideration of Plaintiff's Motion To Dismiss Defendant's Objections to Plaintiff's Interrogatoriee to Defendant and Compel Answers, a discovery conference is SCHEDULED in the chambers of the underaigned judge for Thursday, June 19, 1997, at 9:30 a.m. BY THE COURT, Karl J. Januzzi, Esq. 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Attorney for Plaintiff Lynn F. Reute1huber, Esq. 100 Pine Street - Fourth Floor Harrisburg, PA 17108 Attorney for Defendant C~<'('l-of1''-<L,J,.L Sh:J./17, v ...s'f. :rc Fll P)-O(F~C~ C'= T' ,. ..,,'.' .,.. "':~'{ I " ,/-' ~ <11 t\ r' I' i: . II: 0') rl . ., (. _ .11 ( ... ~U~.' .. .... " ;,.:', i'\.:.l\:':~'i'\_'::' ..\ ~ BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED I NOTICE Take Notice that the within Motion to Dismiss Defendant's Objections to Plaintiff's Interrogatories propounded to Defendant, Hills Department Store Company, and proposed Order of Court will be presented before the Calendar Control Judge on at a.m./p.m., or as soon thereafter as the attention of the Court may be had. Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER it} { " ~arl J;f~nUZZi, Esq. Attorney I.D. #65575 By: Dated: May 2, 1997 lAW mFlCES OF TIMOTIlI' A, SIIOLLENDERGER I~!~' USOlbTU\\'N IHl.4"IJ . I'll nux t.OH~ . HARRlsnURCi, PA 111l.'6.0HS lilil !Hl7l\' . FAX 17IillH-tlZI! State the name, last known address, telephone number of the entity and/or person(s), if any, responsible for inspecting the aisles in the Hills Department Store Number 0035 for one year prior to February 16, 1995, and for one year thereafter. 5. Defendant's objection to Interrogatory 7 is as follows: Objection. Defendant objects to the term "inspecting the aisles" as being vague, ambiguous. and overly broad. 6. Defendant's objection to Interrogatory 7 is without basis under the Pennsylvania Rules of civil Procedure and should be dismissed in that the phrase "inspecting the aisles" is not vague, ambiguous or overly broad. The phrase "inspecting the aisle" refers to the aisles of Hills Department Store Number 0035. The Interrogatory is not overly broad for the reason that it requests specific information regarding the identified store. 7. Interrogatory 8 provides as follows: State whether a set schedule was set for the inspection of the condition of the aisles of the Hills Department Store Number 0035 for one year prior to and one year after February 16, 1995. (a) If there was a schedule. state what the schedule was. When were the aisles of the Hills Department Store Number 0035 last inspected prior to February 16, 1995, and when was the next inspection subsequent to February 16, 1995. If you or any other entity possesses records containing such information attach a copy of them to our Request for production of Documents. 8. Defendant's objection to Interrogatory 8 is as follows: lA'.\'llIHU_S\11 T1MOTlt\' A. SIHlllENnUtGfN. I~:~' LISt il.tsTll\\'S Rll:\I\ . 1'\ \ 1\1. lX rx'H\ . II....RH1~11l 'I({ i, I'A 1,18, ..'H\ lilil :\.41,\\' . L..X 171il !I~ ":l1 Objection. Defendant objects to the phrase "inspection of the condition of the aisles" as being vague, ambiguous, and overly broad. 9. Defendant's objection to Interrogatory 8 is without basis under the Pennsylvania Rules of Civil Procedure and should be dismissed in that the phrase "inspection of the condition of the aisles" is not vague, ambiguous or overly broad. The phrase "inspecting the condition of the aisles" refers to the aisles of Hills Department Store Number 0035. The Interrogatory is not overly broad for the reason that it requests specific information regarding the identified store. 10. Interrogatory 9 provides as follows: At the time of the fall, did a contract exist between you nr any other entity for the maintenance of the Hills Department Store Number 0035? (a) If yes, state the name, last known address, telephone number of such person or entity. Attach a copy of the contract to Plaintiff's Request for production of Documents. (b) If no, state who was responsible for the maintenance of the Hills Department Store Number 0035. 11. Defendant's objection to Interrogatory 9 is as follows: Objection. This Interrogatory is vague and overly broad with regard to the term "maintenance". 12. Defendant's objection to Interrogatory 9 is without basis under the Pennsylvania Rules of Civil Procedure and should be dismissed in that the term "maintenance" is not vague or overly broad. 13. Interrogatory 10 provides as follows: 1^\t'llHlCl~ llf' TIMOTIn' A. SIIOLLENBERGER I":,' liSt ;11 ~ Tt l\\'S Jh \4,,11 . I'll II,( lX t>\'liH . IIARRblll'Rt i, I'^ 17h'tl (1\4\ lil;l:H 11.\' . r^x i71il !1.4-M1I! Were there any reports of wax on the aisle of the Hills Department Store Number 0035 for the time period of one (1) year prior to and one (1) year subsequent to February 16, 1995? (a) If yes, state the name(s), last known address (es), telephone number{s) of all complainants, when the complaint or report was lodged, a summary of the report, and a summary of any action, if any, taken in response to the report. If written complaints or reports exist pertaining to Interrogatory 10 attach copies of these reports to Plaintiff's Request for Production of Documents. (b) If a report was placed, state the name, last known address, and telephone number of the person or entity who would possess a record of tbe report. 14. Defendant's objection to Interrogatory 10 is as follows: Objection. This Interrogatory is vague and ambiguous as Defendants are not sure what Plaintiff is referring to when she states "Were there any reports of wax on the aisle". By way of further answer, the requested information concerns time subsequent to the incident at hand, which will not lead to the discovery of relevant or discoverable evidence. 15. Defendant's objection to Interrogatory 10 is without basis under the Pennsylvania Rules of civil Procedure and should be dismissed because the Interrogatory asks "Were there any reports of wax on the aisle." The Interrogatory asks a specific question to which there is only one interpretation and/or answer. People either reported that there was excessive ,"ax on the aisles of Hills Department Store Number 0035, or they didn't. In regard to Defendant's objection to time period to which Plaintiff seeks answers, the question is merely formulated to 1."~'\"IIII"'\\' TIMOTlI\' A. SIIOI.lf.NI\UU;lH 1~1~' Il~(,[ I.'h ,!\\'S 1\\ lo\P . I'll lit '\ "..'~"" . 1I..\IiIU"I\I"I(I., 1'..\ lil..'1'> ..'\H 171,1 : J.4 1:..\' . '0\\ I i' IiI ~ \.4 ..: I: determine whether this has been a pattern of conduct prevalent at Defendant's store. Additionally, Pa. R. C. P. No. 4003.1 states that so long as information "appears reasonably calculated to lead to discoverable or admissible evidence" it is discoverable. 16. Interrogatory 11 provides as follows: Provide copies with Plaintiff's Request for production of Documents of any written records kept on the maintenance of the Hills Department Store Number 0035, specifically relating to the wax on the floor, kept by any entity for the time period of one (1) year prior and one (1) year subsequent to February 16, 1995. 17. Defendant's objection to Interrogatory 11 is as follows: Objection. Defendant objects to this Interrogatory with respect to the term "maintenance of the Hills Department Store", as being vague and ambiguous. Moreover, the term "relating to the wax on the floor" is vague and ambiguous. Moreover, Defendants also object to the request for any information which is purported to take place after the time of the incident, as such information will not lead to discovery of relevant or discoverable evidence. 18. Defendant's objection to Interrogatory 11 is without basis under the Pennsylvania Rules of civil Procedure and should be dismissed because the Interrogatory is specific in its request, and the time frame it seeks information from is reasonably designed to lead to the discovery of relevant and/or discoverable evidence. The time frame to which Plaintiff requests information from is necessary to establish whether there is a pattern of negligence on the part of Defendant. 19. Interrogatory 15 provides as follows: L"'W llHH I.~ l'~ TIMOTHY A. SUOLlENnERtoER I ~~~, USt il.l"lll\\'S fh 1,",11 . 1'\ l Ill. lX t>o.'~H . HARRlslIl'Rei, I'A 17Il'f'H.~~.\ 1;1711\.4 1;\\' . lAX liI712H/'l21! State the name, last known address, age, occupation, place of employment (if employed by Defendant(s), length of service for Defendant(s)), and the present whereabouts of each person known to the Defendant(s), its agents, servants, employees or insurance carrier to have knowledge of any relevant facts or conditions existing at the scene of the incident prior to, at, or immediately after the happening of said incident. 20. Defendant's objection to Interrogatory 15 is as follows: Objection. Defendant objects to this Interrogatory as the term of "relevant facts or conditions existing at the scene" is vague and ambiguous. 21. Defendant's objection to Interrogatory 15 is without basis under the Pennsylvania Rules of Civil Procedure and should be dismissed because the Interrogatory is specific in its request, and not vague or ambiguous. 22. Interrogatory 20 provides as follows: Identify all documents in the possession, custody or control of Defendant(s) or their counsel relating to the liability portion of this case, including, but not limited to, investigative materials, reports, statements, photographs, diagrams, etc... 23. Defendant's objection to Interrogatory 20 is as follows: Objection. Defendant objects to this Interrogatory to the extent that it violates the attorney-client privilege and/or is otherwise protected against disclosure by the Pa. R. C. P. No. 4003.1 and 4003.4, inclusive. By way of further answer, Defendant also objects to the r~quest as being overly broad, in its scope and burdensome to Defendant. I.A.J..' nHlCl:S OF TIMOTIIY A, SIIOLLENBERGER pth' I1S(jll~TCl\\'S RU"\P . I'l) (\OX t>(o~H . HARRISl\l1RO, rA 171Ob.OH~ i7171!l4I7l\' . fAX 17171 !l4.IiZll 24. Defendant's objection to Interrogatory 20 is without basis under the Pennsylvania Rules of civil Procedure and should be dismissed because the Interrogatory is not overly broad in scope, nor burdensome to the Defendant. Additionally, in order to object to an interrogatory and claimed attorney client privilege, the objecting party must state with specificity the nature of the relationship and provide enough information to explain why attorney client privilege attaches to this information. Additionally, pursuant to Pennsylvania Rules of civil Procedure 4003.1 through 4003.5 inclusive, the material requested by the Plaintiff is the subject of mandatory discovery and therefore, discovery is allowed. Additionally, Interrogatory 20 does not seek the disclosure of attorney mental processes or conversations had between the attorney client. Therefore, once again, attorney client privilege does not attach. 25. Contrary to the Defendant's objections, relevance is broadly construed for purposes of discovery and is not limited to the precise issues set out in the pleadings. Rather, discovery is permitted if there is any possibility that the information may be relevant to the given subject matter of the action or may lead to the discovery of admissible evidence. In the instant case, the information sought meets this standard. The Defendant's treatment of reports of wax on the floor as well as the Defendant's maintenance of the aisles of the Hills Department Store No. 0035 specifically relating to waxing the floor are critical to the understanding and examining of Defendant's treatment of those same types of matters during the years prior to and after the challenged action. The manner in which the Defendant handled the same types of incidents or reports of tA"\! oHlnS OF TIMllTIll' A, SHOllENBERGER I ~~\' ll~\ il L~ h)\,'C,'~ IH l....P . I'n !lox tlC~4~ . HARRISl\URG, I'A 17106.0S4~ 17171 :1417,\' . FAX 17171 HHnz l ~. , ~ ,. . J r (. ~I .'" ;: I,'; ,- BUNNIE YUDACUFSKI Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE Take Notice that the within Motion to Dismiss Defendant's Objections to Plaintiff's Request for production of Documents propounded to Defendant, Hills Department Store Company, and proposed Order of Court will be presented before the Calendar Control Judge on at a.m./p.m., or as soon thereafter as the attention of the Court may be had. Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER By: . Januzzi, Esq. ey I.D. #65575 Da.ted: May 29,1997 LAW (1FflCE~ OF T1MOTIlY A, SIIOLLENDERGER I~!l' 1I!\(iU5TO\\'N Rl1All . 1'(1 ROX /'l0H~ . IlARRISI\URn. r^ 171(\()-05H 17171 !l4.Ji(\' . ~^X 17I71 !H.M!ll f Any and all documents containing the names and" home and business addresses of all individuals contacted as potential witnesses. 5. Defendant's objections to Plaintiff's Request for Production of Documents Paragraph 4 states as follows: Objection. Defendant objects to this Request for production of Documents as not being reasonably calculated to lead to the discovery of discoverable evidence in this matter. Moreover, Defendant also objects to this Request for Production of Documents to the extent that it violates the attorney-client privilege and/or is otherwise protected against disclosure by the Pa. R.C.P. 4003.1 and 4003.4, inclusive. 6. Defendant's objections to Plaintiff's Request for production of Document Paragraph 4 is without basis under the Pennsylvania Rules of civil Procedure and should be dismissed in its entirety. Pennsylvania Rules of Civil Procedure 4003.1 through 4003.4 inclusive expressly state that any party may, upon written request, obtain from his opponent, a copy of the party's own statement or the statement of any and all witnesses in the possession of the o~ponent and obtain a list of all potential witnesses. The rule covers all forms of statements, including signed statements, recordings and transcripts. The comments to Rule 4003.4 clearly indicate that for purposes of this rule, every party to an action is a witness and his statement is therefore included in the coverage of the rule. Additionally, Pennsylvania Rule 4019 expressly states that where the responding party indicates that the documents have been withheld, the party seeking discovery needs sufficient information concerning the nature of these documents and the reasons why they were withheld. This requires the responding party to describe the documents or categories of documents that were withheld and to set forth the factual 2 L4,\\' 11~H{ ~~ {'~ TIMOTH\' A. SIIOllENIIERGER 1'\1~' Il~t ill :--1 I l\\'S ~ll"ll . 1'\ 1 Ill. IX h,'\-4\ . II.4.RHI~I\I'R\;. ",\ Iii.'/'> .'H\ lilil 1H 17..\' . L..X tilll :1.. "':1: J Any and all documents containing the names and ~ home and businees addresses of all individuals contacted as potential witnesses. 5. Defendant's objections to Plaintiff's Request for production of Documents Paragraph 4 states as follows: Objection. Defendant objects to this Request for Production of Documents as not being reasonably calculated to lead to the discovery of discoverable evidence in this matter. Moreover, Defendant also objects to this Request for Production of Documents to the extent that it violates the attorney-client privilege and/or is otherwise protected against disclosure by the Pa. R.C.P. 4003.1 and 4003.4, inclusive. 6. Defendant's objections to Plaintiff's Request for Production of Document Paragraph 4 is without basis under the Pennsylvania Rules of Civil Procedure and should be dismissed in its entirety. Pennsylvania Rules of Civil Procedure 4003.1 through 4003.4 inclusive expressly state that any party may, upon written request, obtain from his opponent, a copy of the party's own statement or the statement of any and all witnesses in the possession of the o~ponent and obtain a list of all potential witnesses. The rule covers all forms of statements, including signed statements, recordings and transcripts. The comments to Rule 4003.4 clearly indicate that for purposes of this rule, every party to an action is a witness and his statement is therefore included in the coverage of the rule. Additionally, Pennsylvania Rule 4019 expressly states that where the responding party indicates that the documents have been withheld, the party seeking discovery needs sufficient information concerning the nature of these documents and the reasons why they were withheld. This requires the responding party to describe the documents or categories of documents that were withheld and to set forth the factual 2 I.A\\' I'HI(-l~ \'~ TIMOTlI\' A. SltoLI.ENDERGER I~:,' I.I"\t;U..-Tl)l,\'S Itllo\IJ . ['I) I\\.)X t'oI.'~H . II."RIU...}l1 'RI;, 1'.... lill.'to .'\-4\ 171712\.417,\" f-:~Xlili'~H~n.~ and legal basis for withholding the documents. In the present case, the Defendant merely states that the attorney client privilege attaches. The Defendant does not state with specificity or describe the documents or categories of documents that they are withholding. They merely state that the attorney client privilege attaches. This is insufficient under the Pennsylvania Rules of Civil Procedure. Therefore, disclosure must be directed. 7. Paragraph 8 of Plaintiff's Request for Production of Document states as follows: A copy of any and all maintenance records of self or any other entity responsible for the maintenance of the aisles at the Hills Department Store Number 0035 for the particular area where the Plaintiff's fall occurred, whether they are kept by yourself or another entity for the time period of one (1) year prior to and one (1) year subsequent to February 16, 1995. 8. Defendant's objection to Plaintiff's Request for production of Document Number 8 is as follows: Objection, Defendant objects to this Request for Production of Documents, in particular the term "maintenance of the aisles" as being vague, burdensome and not limited in scope. Moreover, Defendant also objects to request for information which is after the alleged incident at hand, February 16, 1995, as that information is not reasonably calculated to lead to the production and/or discovery of discoverable or relevant information. 9. Defendant's objection to Plaintiff's Request for production of Document Paragraph 8 is without basis under the Pennsylvania Rules of Civil Procedure and should be dismissed and production of documents ordered. Contrary to the Defendant's objections, relevance is broadly construed for purposes of discovery and is not limited to the precise 3 I.A\V {lmCl~ l1F TIMOTllY A, SIIOllENnERGER 1~2l' I.1S(,I,I:~Tl)\\!~ Itl'AP . rn 1"-1X t>0\4\ . ll^Rlt.l~f\lJR{j.I'^ 171~,(lH\ lil7l !H\;l'-' . fAX t7111114.S11! t issues set out in the pleadings. Rather, discovery is permitted if there is any possibility that the information may be relevant to the given subject matter of the action or may lead to discovery of admissible evidence. In the instant case, the information sought easily meets this standard. The requested information pertains to the maintenance of the aisles of the Hills Department Store Number 0035. The Defendant's treatment of such documentation is critical to the understanding and examining of Defendant's practices relating to elements of the same nature during the past years prior to the Plaintiff's incident. To the extent that Defendant handled the same incidents in different ways, inquiries that would allow the Plaintiff to compare the scope of these incidents, and the treatment afforded as well as to inquire as to the basis for the different treatment are proper discovery and should be allowed. Similarly, the identity of the custodians of the records sought may help identify potential sources of information and knowledge that would be relevant to Plaintiff's actions. Additionally, Plaintiff's request for production of Documents cannot be any clearer. It clearly states that she is looking for copies of any and all maintenance records for the aisles of Hills Department Store No. 0035. Additionally, this request is not burdensome because it is limited in scope to the maintenance accorded this store. 10. Plaintiff's Request for production of Documents are proper and Defendant should be directed to produce these documents. WHEREFORE, Plaintiff requests this Court dismiss the foregoing objections of Defendant to Plaintiff's Request for production of Documents and direct the Defendant produce said documents requested in paragraphs 4 and 8 within ten 4 lAW l)fH<TS l)f TIMOnlY ^. SHOLlENnERGER l~h1I.lSlill:~Tl)lJ.'S Rn....n . 1'0 [\4..);-( N.'~4~ . i1ARRISln:IH.i, I'A 171(\t!OH~ Iii 71 114 \i~'\' . fAX 17171 1\".~!I! days or suffer appropriate sanctions upon further application to this Court under Pennsylvania Rule of Civil Procedure Number 4006(a) and 4019(a), dismissing objections to Request for Production of Documents and directing production of said documents. Respectfully submitted, MOTHY A. SHOLLENBERGER By: arl J. Januzzi, Esq. Attorney I.D. #65575 Dated: May 29, 1997 5 LAW OH'lU:S (1~ T1MOTIIY A, SI\OLLENDERGER I~!~' IIS~,USTl1'.l.'S IHlAll . "0 I\OX N.'H~ . UARRISI\URO, I'A 111l.'6-('H~ lilil !14-\7l\' . fAX 11171 n'~n! BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaint if f v. NO. HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT - SET NO, ONE To: HILLS DEPARTMENT STORES c/o C.T. CORPORATION SYSTEMS 1635 MARKET STREET PHILADELPHIA, PA. 19103 PLEASE TAKE NOTICE THAT PURSUANT TO Pa. R,C.P. 4009, you are required to furnish at our office, on or before ,thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. The contents of any investigation file or files and any other documentary material in your possession or control which support or relate to the allegations contained in the Plaintiff's Complaint (excluding any documents or portions thereof found in such file whose production would disclose the mental impressions of Defendant's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories or would require disclosure of the mental impressions, conclusions or opinions respecting the value or merit of Plaintiff's claim or its defense or respecting strategy or tactics of a representative of the Defendant other than Defendant's attorney). 2. Any and all statements concerning the action, as defined by Rule 4003,4, from all witnesses including any statements from the parties herein, or their respective LA'" OFFICES OF TlMOTIiV A. SHOLLENBERGER I~~..' USGlESTO,"'" RCI."'D . ro BOX 6CHS . IHRRISOL:RG. PA 171..'0 \~HS (7171 !].f.3j.:'\' . F.~X 1717111".8212 agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the fal: or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. The face sheet and policy of insurance that covered the Defendant on the date of the incident against the type of risk of loss involved in this case. 6. Any medical reports, records, notes or other memoranda concerning the Plaintiff's physical or emotional conditions. 7. A copy of any written contract that existed between Defendant and any entity for the cleaning and/or maintenance for the particular area where the Plaintiff's fall occurred. 8. A copy of any and all maintenance records of self or any other entity responsible for the maintenance of the aisles at the Hills Department Store Number 0035 for the particular area where the Plaintiff's fall occurred, whether they are kept by yourself or another entity for the time period of one (1) year prior to and one (1) year subsequent to February 16, 1995. 9. All incident reports prepared by the Plaintiff or on the Plaintiff's behalf pertaining to the incident alleged in the Complaint. 10. All incident reports prepared by the Defendant or on the Defendant's behalf pertaining to the incident alleged in the Complaint. 11. All resumes or curriculum vitae of each and every technician or expert whom you intend to call as a witness during the trial of this case. 12. All exhibits which you intend to introduce at the trial of this action. l.'W OffICES Of TlMOnn' A. SHOllENBERGER I~:~ lI~l.ilbTO\\'~ R~),"'D . PO l\0X 6CS.S . "^RRI~nL'f\l'. P.'*t. I;W~.:'5.~ lilil !H.Ji~\.' . F.....X l7lil!H ~~Il EXHIBIT I r6 BAkRISIORO/SY81\LIAI\Lra\LL,O\4721' BUNNIE YUDACUFSKI, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 97-262 CIVIL TERM HILLS DEPARTMENT STORE COMPANY, JURY TRIAL DEMANDED Defendant OBJECTIONS TO PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT, SET NUMBER I 4 . Objection. Defendant objects to this Request for Production of Documents as not being reasonably calculated to lead to the discovery of discoverable evidence in this matter. Moreover, Defendant also objects to this Request for Production of Documents to the extent that it violates the attorney-client privilege and/or is otherwise protected against disclosure by the Pa. R.C.P. 4003.1 and 4003.4, inclusive. 8. Objection. Defendant objects to this Request for Production of Documents, in particular the term of "maintenance of the aisles" as being vague, burdensome and not limited in scope. Moreover, Defendant also objects to request for information which is after the alleged incident at hand, February 16, 1997, as that en [' I' I f. , , ~ ,. BUNNIE YUDACUFSKI Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 97-262 HILLS DEPARTMENT STORE COMPANY CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant STIPULATION TO AMEND COMPLAINT The Parties to this action hereby stipulate and the caption of the Plaintiffs' Complaint should to read as follows: Bunnie Yudacufski Plaintiff 1. agree that be amended v. 2. it shall Hills Department Store Company Defendant In all paragraphs making reference to "Defendant," be understood to refer to "Hills Department Store Company. n 3. In all succeeding paragraphs specifically making reference to "Hills Department Stores" it shall be amended to read: "Hills Department Store Company." 4. Plaintiffs' Complaint shall be amended to read: "Bunnie Yudacufski v. Hills Department Store Company 5. It is the intention of the parties that the Stipulation be filed of record. 6. Defendant need not file an Answer to the Amended Complaint. 7. This Stipulation will be presented to the Court for approval. LAW l1H1n~ C\~ TIMOTII\' ^, SIIOLLENRERI1ER I~!l' lIS(at~T{)\\'S ftll."" . PO BOX flI..'H~ . II^RRI~l\l'R(I, I'^ 17Il'tH'~4lj lilil :\-t.\i,\' . f."X til7l !H-!'i!I! . Law Offices of Timothy A. ShOllenberger Attorneys for Plaintiff Marshall Dennehey Warner Coleman & Goggin Attorneys for Defendant ( I By ,f By Lynn Reu 65575 Attorney I. Date: March t. , 1997 Date: March iJ.,~ , 1997 I.A\\' (l~Hns (l~ T1MOTltl' ^, SlIllLl.ENIIERGER L'i!~' 1,IS(lI.~~Ti'l\\'!-: 'H'.....P . I'll I\n\ 4'>1.'\4\ . JI....IlRISII\.,{{i. l'^ 17H.'tl1,1~4~ t717) H4 17,\' . L....X 17111 !H /in! . " .::> ( ) , -. " -r: 1 ." ,.. .. " " <, ..., r , , :'\ ., ) : , ,1.1 " '! ~) " (..1 ...; . /.' i: I .-.',i)' , . ,. " ;~1r'11 ,~n4' :\~ 1:1 il i 1 i II i : I: ~ + : : , ' .1.. '.-.;i) '..\1:;,'., 'r ;,;,:nl I '.' ii li.l. ;<1.1 !d~rtlj.:ur ';l"IJli:t- _____.__. '_~n.__ _L~_~_.D.LI...]::.~l L; K 1 , n e ';.;ri.:'r...1!. wh,~, belllg d:Jlj' ,-.'W'_'ffl ;jl_~C(lrdln~l 1.. 1:-;....., sa)'5, t.hiJt h~~' r:laJ,_' d ,jill-gent ~>.?d,r'_-h ;](Ld lrLliu1 r y f(_"J t.ll~.! Wlt.lllf"l 11', 11'1,:.1 de f .:.'nd an t, t (.I \ri ~ t.: .jlJ...2..J.::...~~ L' t":. , .A. E T~U)l.r__:.:..L' ih ;<~_ ---_.---_.._._----_._~_._-."---- -"'-- but W;_l~:_ urlCtbll-> to l(JI:t-,t~~. r h.~"rn 1 fl ill::" t, ~I 1 11 w 1 I~' v.. liE' therl'!,_,j!,> (j0r)llrl=~d ttle sh~rlil ~I( J"lIII,/\I'f:;Li HIA CQ___ l_ount)'. f'.;.'rlfl.:;yl\rlnl~j. t'j ':;._'fVt.' the wl'_hlrl C'-'~It'I,A] lIT IJn March bth, l'Y:.i7 (hi:': '_,1.11Ct-? ""-Hi .1f1 I"e':o?lpt. of :~;h"Tlf1':.: ((I;:;t:;: ~-. n ,: 'w' '=' r ~_' : I I \ ttlC att~,:tled I"elllrrl from PII r 1,..~~.~~6.....J,~_ CUlJnt.y, F'.?nrj~}'lv3n lel. I '()l',kr:, f , fiel 'I j t. " 1 I.~ i~IlJ r It. '! I';;" I ~:I'[ ~;':III A CO tH, Ct', 'I, t.) ~', :. U('\ f'::,'},IJl".i r. .' .-/ / - / .-;.,; ""< ,.....-~. r;.t Ih,'rll~Jc 1'.1111'':':', -"',h..?Illl '~'-", 1,)0 1 r ~;Ol HY ~:,HIJll CIH\r.I;f~LI. ~", J dJ6 i 1 '}t:..'7 '~'W,l[ fl :In I f',ub::.,("r lb..:-d t" hrIl."rC rnr.' . t", 1/ e:.. ,j ..y c.f ~-....I 1'1 fjJ_, 0\, l'. _nnq_ ,~~_r, nA':)'r~"'-____ '7 f'~~( SHERIFF'S RETURN - SUMMONS 'COMPLAINT hfJlJCij;;} , , VERSUS / IN/ &r . \'0/# t;r'- &4~ , SERVE[; AND MADE KNOWN TO PtYf 1/ ' , , COMMON PLEAS NO, Oil/it k/ COUNTY COURT V1 ,.1' t; / ' 76:7 ml,', '9 NO, .1' !; Jl5f'- 17 l1:11; f( , . (hI/v,) 0 D:endanl - ,d Q-flefendant Com pony by ho~d;n,q 0 hue and altested copy of the within. Summons 'Complaint. issued in the above captia~ed molter ~] -r /'} {if} 1'1 1 0" ___' .LdL__-h. ,191___ ,at.!J_ (/" o'clock. j, ~~., E,$,T.lD.S.T. . \ /' ,I I'/~ t> II t ~r" .4-- /1, ,'"'; I' at _----IL-.2.J-1~j,.J..{.) _Jt. / ..--..f....,. ~i' , ,., in the County of Philadelphia, , ",{'lllit!, i5 'Ljr'1F/) !r/fr.) - lJ" -r~II" State of PennsylvanIa, to ~-/~- . .:...'....-".'.L__i_L,________ -~L-'.i".~----- C (1) the aforesaid delendant, personally; ~ (2) an adult member of the family of said defendant. with whom said defendant resides, who ~tated thot his.'her relationship 10 soid defendant is that of C (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re- quest, to give his/her name and relationship to said defendant; the manager/clerk of the place of lodging in which said defendant resides; o !}) k'fIS) o (6) the agent or person for the time being in charge of delendant's office or usual place of business, and officer of said defendant Company; ;,i"q, '(" .~,., ,. " , '" I /1"0'''' ': '.,' ': So Answers, f~,:'fr flj-: t:;.. - ._. -.... ~ - _. -. . JtJtih LI. ut.LLh, ~I'l.'.l, .... . I; /1 /':,'1'/1/' /.~/ 1//'" ;/ ) II,." : I " J ' li/.~ ,. I. I,. I, t 7) ,- I" l~e ',,--cun C'i' ~':r71i71=;-i i~=~~~, '-....;;.._.;.::;.'.~~.i~\",....;i....,/I r~.I~:~YI\':::~:= Bunnie Yudarufski ~;'o::: . -. ~ IIi 1 ls Department fitorcs ~c. q7-262 Cjvil Term :?- ;;ow, .1iln. 17. lqq7 :9_ !. s:~~: 0: C~G::'=-="..\_';",:) COt.~':"?1 ?-L, ~:J . . ...:-...:...- .:... :-"..~= cr' ==--: -:"-- ~ --- PhilAdelphiA C.:c.::: :" ::::-:.::.:: =:.s 'tV:::, :=.: :-..2 .::i :.::: ::.:.:..:=. . , ...-..--- -:-...--- .:::.:.; ==-== 1: ~ -.- ....~-" ._~ -- 1. ~(?,/,. ~~~? ..;~.......,.-:..c-....... ~ . .... ~ ~~~ :i C~~..:.:d C.:u::r. ?:.. _~C2.Yit or S~:"1i~ ;;ow, ~~ -. 0 ........- \ ,[. .--.: .- --- .._'-- ~: wi.~:., '~;:<::1 .. =-.' ::.::,.::.: :::> J. ,-~: c: := ::'.:-::..:.1 " ::c: -,,.. =-~ ';:) :.::..: "--"-- ::~:::-.:t. ....-...-- ~o :.:.."'W':::. ::~--:.=' ci ~u.::rl ?:- CC~.:.~ .5w:==. =c: r.::...~.::e: bd~ =:~-':"7~: 19_ S::3. ''';1 c:: ~ c::!.2....C =: s .J.~: w.J... ....,-;:;: ~--_. s ._ '---l l J " PRAECIPE Fon 1.ISTING CASE Fon AnG -----'..- . I m r?? p, n \;\0 f'? ~ NT (Hunt be t-ypewritten am subnitted in d TO THE PROTHONOTARY OF CUMBERLAND COUNTY: roon - lOll ~ Please list the within matter far the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) BUNNIE YUDACUFSKI, n ~. .C -J ( plaintiff) .., , .., ; 1 I ' i l. ......... VB. HILLS DEPARTMENT STORE COMPANY , n " >, . , ," :' ( Defendant) No. CJ7 ?,,? Civil 19 Q7 1. State matter to be argued (Le.. plaintiff's llDtion for new trial, defendant's denurrer to canplaint, etc.): Defendant's Preliminary Objections to Plaintiff's Complaint. 2. Identify counsel loIho will argue case: (a) for plaintiff: Address: Karl J. Januzzl, Esquire IR20 Llnglestown Road, P.O. Box 60545 Harrisburg, PA 17106-0545 (b) for defendant: Address: Lynn F. Reute1huber, Esquire 100 Pine Street, 4th Floor Harrlsbllq~, PA 17108 3. I will notify all parties in writing within b<<l days that this case has been listed for argunent. 4 . Argurent Court Date: Apr! 1 lfl, 1'197 Dated: ~o.r rl\ f>t I qq':f- . c') of) Cl (-' ..... '" '.. ":". 'J [I j. . .., ;rJ e .... 1 ','!11 ;;..:'( ICJ (j} C;j -. , , :tS ~:: ':. ~ -, "'J ;:: ( '., .!() ~:i~" ':-.-[11 . , ' , ':'1 .'.1 :.) :.1'; 10 ..,; Cumberland County, ss: Spectra Wax 70 Hichborn Street Brighton, MA 02135 The Commonwealth of Pennsylvania to Sp""trR WRY (Name of Additional DeCendant' You are notified that Hi' ,,, 11ooI"'rtn-.>nt <::tnre ~illlr (Name (s1 0 De endant (s) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date April 8, 1997 ---By Lawrence E. Welker lIrodlonotary A~ ~ P ~tn,."r-; Dry (SEAL) f ( g~ 1 H ~ f '0 ..~ 8 ~ ~ Ul i ...... . 0 0 o~ 00 ~~;~~o~l~ g g: fo'o g CD >< (Xl...] (Xl fflI"'t""' Z~ . ~ '8, ~~. 8~~~' OJ ". . I ~'-< Ul ~ 8 :l" rt~ ~ 'f1 00 Ul g ~~z ~2 > X' fo'o I "-U1 rt e: 0:> rt.. .. ~O a. j I ~L? l 0 I (Xl ~~ 0 ......0 > w . . t - " ~ l'f r g a i, ~ , b I BUNNIE YUDACUFSKI, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 97-262 CIVIL TERM HILLS DEPARTMENT STORE COMPANY, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this l day of , 1997, upon consideration of Plaintiff's Motion to Dismiss Defendant's Objections to Plaintiff's Request for Production of Documents and/or Motion to Compel to Defendant, and Defendant's Responses thereto, it is hereby ORDERED and DECREED that such Objections are sustained, and Plaintiff's Motion to Dismiss and/or Motion to Compel is stricken, with prejudice, BY THE COURT: J. lJ~~~ . ~~'~1 ~~. 6. Denied as stated. Defendant's objection does have basis under the Pennsylvania Rules of Civil Procedure. Defendant of course will provide the information which is discoverable with witnesses under the Pennsylvania Rules of Civil Procedure. However, Defendant will not produce any work-product privileged information, as the request concerns "any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses" This request is not asking just for the names and addresses of potential witnesses, which is actually an interrogatory request, but rather all documents which contain addresses and names, which may contain of privileged information, which is the basis of Defendant's objection. 7. Admitted. 8, Admitted, 9. Denied. Defendant's objection is with basis under the Pennsylvania Rules of Civil Procedure. The term maintenance can refer to many jobs/activities of a department store. Plaintiff has utilized the word maintenance and Defendant does not know what the term maintenance means. It is vague, overly broad and ambiguous. Maintenance can refer to the correction of a light bulb. However, this involves an apparent slip and fall on the floor, so that any information concerning maintenance of the light bulb would not be applicable, but the way Plaintiff has phrased it, this activity would be included in her Request for -2- Production of Documents, Moreover, Plaintiff does not limit her scope of inquiry to alleged wax caused slips or falls, or that which is substantially similar to Plaintiff's allegations, which is another basis for Defendant's objections. Defendant will produce any reported slips and falls due to the application of wax, which Defendant alleges is Plaintiff's claim that Defendant was applying wax and Plaintiff fell, for the year prior to the fall, if it is substantially similar. Furthermore, this time frame is excessive, as Plaintiff is requesting one year prior, as well as one year after, and one year after is not any information which would lead to discoverable/admissible evidence at trial, Defendant asserts that its objection is correct and should not be stricken, except for the modification above. 10, Denied. Plaintiff's Request for Production of Documents are not proper and Defendant should not be directed to answer, except for the modifications, which are set froth above. WHEREFORE, Defendant, Hills Department Store Company, hereby requests that, for the reasons set forth above, Plaintiff's Motion to Compel answers to Plaintiff's Request for -3- 't i' I , BUNNIE YUDACUFSKI, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 97-262 CIVIL TERM HILLS DEPARTMENT STORE COMPANY, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Lynn F. Reutelhuber of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 3rd day of June, 1997, a copy of the attached document was served via First Class United States mail, postage prepaid as follows: Karl J. Januzzi, Esquire LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 Linglestown Road, P.O. Box 60545 Harrisburg, PA 17106-0545 J, ,l<- f j~(& L N F. REUTELHUBER BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. rJ; ;/(.;) 0~/tJ HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 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. 1 LAW OffiCES OF TIMOTIIY A, SHOLLENBERGER 1'11(\ lIS(iLE..,TCNIN ROAD. ro J\OX 6O~4S . HARRISl\URO. rA 171~.OS4S 17111710700 . FAX 17I71114'1Il BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO, 'n.) (,.L Cu-J 7Lh HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, BUNNIE YUDACUFSKI, by and through her attorneys, the LAW OFFICES OF TIMOTHY A, SHOLLENBERGER, and does respectfully represent the following: 1. The Plaintiff, BUNNIE YUDACUFSKI, is an adult individual who currently resides at 30 S. 17th Street, Apt. 4, Camp Hill, Cumberland County, Pennsylvania. 2, The Defendant, HILLS DEPARTMENT STORES (hereinafter "HILLS") is a corporation incorporated in the State of Delaware and has a registered mailing address in Pennsylvania of C,T, Corporation Systems, 1635 Market Street, Philadelphia, Pennsylvania 19103. 3. The facts and circumstances hereinafter set forth took place on February 16, 1995, at or about 3:46 p,m. in the Hills Department Store, Store Number 0035, located at 3431 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania. 4. At all times relevant hereto, Defendant, HILLS, was the owner and operator of the aforememtioned HILLS DEPARTMENT STORE. 5. At all times relevant hereto, Plaintiff, BUNNIE YUDACUFSKI, was a business invitee of HILLS. 6. At the aforesaid time and place, the Plaintiff, BUNNIE YUDACUFSKI, was walking in an aisle of the shopping area of the aforementioned HILLS when she slipped and fell as a result of wax on the floor. 3 lAW OFfICES OF TIMOTIlY A. SIIOLLENBERGER 11'!1l' Usc,I.ESTl1\\'N ROAn . PO I10X WHS . HARRISBURG, PA 17I06.0SH (717) 114.1700 . FAX (717) 2)4-11212 7. At the aforesaid time and place, the floor in this particular area of HILLS was extremely slippery as a result of an application of wax. There was no indication that the floor was wet or slippery, nor was there a sign placed upon the floor warning the business invitees such as Plaintiff, BUNNIE YUDACUFSKI, of the slippery, hazardous conditions. 8, As a result of the aforementioned fall, the Plaintiff, BUNNIE YUDACUFSKI, sustained serious and permanent injuries including, but not limited to the following: (a) Chronic subacromial bursitis of the right shoulder; (b) Traumatic chondromalacia patella of both knees; (c) Aggravation of degenerative changes at or about the knees; (d) Strain/sprain of the muscles, cartilage and ligaments of the left knee; (e) Strain/sprain of the muscles, cartilage and ligaments of the right knee; (f) Closed head injury; (g) Torn lateral meniscus of the left knee; (h) Severe sprain and strain of the muscles, tendons, ligaments and other soft tissues at or about the right elbow; (i) Severe strain on the nerves and nervous system; and (j) Extreme mental and physical anguish, 9, The aforesaid fall and resulting injury to the Plaintiff, BUNNIE YUDACUFSKI, was caused as a direct and proximate result of the negligence, carelessness and recklessness of the Defendant, HILLS, which consisted of the following: (a) Allowing the existence of a dangerous condition on Defendant's premises; 4 LAW OFfICES OF TIMOTIlY A, SIIOLLENBERGER 1~10 L1NCilESTO\VN ROAD. ro. BOX 6CHS . If^RRI~nllRn, rA 17Il'tl"~4S (7171214.)700 . FAX 0\7) ZJ4!l1l1 (b) Failing to adequately and properly maintain the floor of the HILLS in a safe condition; (c) Failing to make the premises of the HILLS safe for use of Defendant'S invitees; Y (d) Failing to properly inspect the premises of Defendant'S premises; (e) Failing to provide adequate notice of the dangerous and slippery condition of the aisle; -x (f) Failing to exercise reasonable care to maintain said premises; and (g) Failing to take any measures whatsoever to remedy the dangerous condition which existed on Defendant's premises. 10. The Defendant'S, HILLS, failure to maintain the aisle when they had knowledge that it was in a slippery condition, constitutes willful, wanton and malicious indifference to the rights and safety of the plaintiff, justifying the imposition of punitive damages, 11. The aforesaid incident was caused as a direct and proximate result of the wrongful and liability producing conduct of the Defendant, HILLS, as herein set forth and was due in no manner whatsoever to any act or failure to act on the part of the plaintiff, BUNNIE YUDACUFSKI, 12. As a result of the wrongful and liability producing conduct of the Defendant herein, plaintiff, BUNNIE YUDACUFSKI, has been obliged to expend various and diverse and sums of money for medicine and medical care and treatment in and about an effort to cure herself of the ills and injuries she has suffered and will be obliged to do so in the future to her great detriment and loss. 13. As a further result of the wrongful and liability producing conduct of the Defendant herein, plaintiff, BUNNIE YUDACUFSKI, has undergone great physical pain and mental anguish, as well as embarrassment and humiliation and will continue to endure the same for an indefinite time into the 5 LAW OFFICES OF TIMOTIlY A. SHOLLENBERGER "20 LlSGLESTOWN ROAD . PO BOX 1>054\ ' IIARRISBURG. PA 17106.054\ t711Il1H700 . FAX 17171 114-R21l future to her great detriment and loss, for which damages are claimed. 14, As a further result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has been extremely inconvenienced and unable to attend her life's daily activities, as well as having been deprived of life's pleasures and will continue to suffer same for an indefinite period of time into the future to her great detriment and loss. 15, As a further result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has suffered other expenses and losses for which damages are claimed, 16. As a further result of the aforesaid injuries, Plaintiff, BUNNIE YUDACUFSKI, has suffered and may continue to suffer a loss of earnings and earning capacity for which damages are claimed, 17. As a further result of the aforesaid injuries, Plaintiff, BUNNIE YUDACUFSKI, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed, WHEREFORE, Plaintiff, BUNNIE YUDACUFSKI, demands judgment against the Defendant, HILLS DEPARTMENT STORES for compensatory damages in excess of the amount requiring compulsory arbitration. j " Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER J By: I ,\ " , :~, .//{'! Karl J. J~n~~~i Attorney I,D. No. / 65575 Dated: January 16, 1997 6 LAW OffiCES OF TIMOTIlY A. SIIOLLENBERGER 1810 L1NrilE.."OTO\VN ROAIl . roo 80X 6OH~ . HARRISRURCi, PA 1710<'1(\H~ (7171114.1100 . FAX (117) 114,~ZI1 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BUNNIE YUDACUFSKI, Plaintiff HILLS DE~ARTMENT STORE COMPANY, Defendant NO. 97-0262 CIVIL TERM ORDER OF COURT AND NOW, this ~rJ day of June, 1997, upon consideration of the Motion of Plaintiff To Compel Production of Documents, a discovery conference is SCHEDULED in the chambers of the undersigned judge for Thursday, June 19, 1997, at 9:30 a.m. BY THE COURT, Karl J. Januzzi, Esq. 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Attorney for Plaintiff Lynn F. Reutelhuber, Esq. 100 Pine Street - Fourth Floor Harrisburg, PA 17108 Attorney for Defendant :rc r,! : [; r (I . '. (: 0 p y JUN 0 2 1997 ("If BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE Take Notice that the within Motion to Dismiss Defendant's Objections to Plaintiff's Request for Production of Documents propounded to Defendant, Hills Department Store Company, and proposed Order of Court will be presented before the Calendar Control Judge on at a.m./p,m., or as soon thereafter as the attention of the Court may be had. Respectfully submitted, LAW OF TIMOTHY A, SHOLLENBERGER By: 1,1".. . Januzzi, Esq. ey I.D. 1165575 Dated: May 29,1997 L...\\., nHln"'l~f- TIMOTHY ^. SlhJLlENnERGER I":\.' lISlil.l"l( 'l\\'S RI. 1-\\1 . 1'1.) 11.< 1\ ,.,.,'q~ . tl^RHI~I\I'Rl;. I'.... 17Wl'l ('\-4\ (;171:'''';,\' . f,0\\:,;I;I:1-4>i:l: BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintif f v. NO. 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED ORDER AND NOW this day of , 1997, upon consideration of Plaintiff's Motion to Dismiss Defendant's Objections to Plaintiff's Request for Production of Documents and Defendant's Answer to this Motion, it is ORDERED that the objections are dismissed and the Defendant is directed to produce documents pertaining to Plaintiff's Request for Production of Documents Paragraph 4 and 8 to Plaintiff with days or suffer sanctions upon further application to this Court. J 1.:\\\' ClfHlTS nr TIMOTHY A. SlIOLLENlIERGER I~!~' lIS(,n"T(,\\'S Rl'.-'\P . 1'1.' l\l.1\ I'>\'H~ . 1f....RRI5:l\l.Rl'i. r.... lil('(l(lH~ 1717\ !q 1;,\' . fAX 1;171 !14"~I! ( .1) . "' .J I BUNNIE YUDACUFSKI IN THE COURT OF COMMON' PLEAS CUMBERLAND COUNTY,PENN~YLV~IA plaintiff v. NO, 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED MOTION OF PLAINTIFF TO COMPEL PRODUCTION OF DOCUMENTS AND NOW Comes the Plaintiff, BUNNIE YUDACUFSKI, by and through her attorneys, the Law Offices of Timothy A, Shollenberger, and pursuant to Rule 4019(a) (1) (i) of the Pennsylvania Rules of Civil Procedure and move for an Order compelling discovery from Defendant stating in support the following: 1. On or about January 16, 1997, Plaintiff, Bunnie Yudacufski, served upon Defendant Plaintiff's Request for Production of Documents, A copy of this request and Plaintiff's transmittal letter dated January 16, 1997 are attached as Exhibit "A", 2, On objections Documents. March 12, 1997, Defendant served upon Plaintiff to Plaintiff's Request for Production of A copy of Defendant's response is attached as Exhibit "B", 3, In its response, Defendant objected to Plaintiff's Request for production of Documents 4. Paragraphs 4 and 8 of Plaintiff's Request for Production of Documents states as follows: 1 1^~'I)HItI"'t)1 T1MOTIIY A. SJl(llU:SUUH;lR 1~:,'lI\t;IL:"I\I\\""\'''Il' 1'\' I""\t,\'~~~, 1l"1i1i1"!\I-lhi.I''',17h'",'H\ 1:171 :1-4 17,\' . 1.,,\ ,:I:':U ~~l: Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Defendant's objections to Plaintiff's Request for Production of Documents Paragraph 4 states as follows: Objection. Defendant objects to this Request for Production of Documents as not being reasonably calculated to lead to the discovery of discoverable evidence in this matter. Moreover, Defendant also objects to this Request for Production of Documents to the extent that it violates the attorney-client privilege and/or is oth~rwise protected against disclosure by the Pa. R,C.P. 4003.1 and 4003,4, inclusive. 6. Defendant's objections to plaintiff's Request for Production of Document Paragraph 4 is without basis under the Pennsylvania Rules of civil Procedure and should be dismissed in its entirety, Pennsylvania Rules of Civil Procedure 4003.1 through 4003,4 inclusive expressly state that any party may, upon written request, obtain from his opponent, a copy of the party's own statement or the statement of any and all witnesses in the possession of the o~ponent and obtain a list of all potential witnesses. The rule covers all forms of statements, including signed statements, recordings and transcripts, The comments to Rule 4003,4 clearly indicate that for purposes of this rule, every party to an action is a witness and his statement is therefore included in the coverage of the rule. Additionally, Pennsylvania Rule 4019 expressly states that where the responding party indicates that the documents have been withheld, the party seeking discovery needs sufficient information concerning the nature of these documents and the reasons why they were withheld. This requires the responding party to describe the documents or categories of documents that were withheld and to set forth the factual 2 lAW \'FF1\ 1:-: l'~ TIMOTHY ^. SItOlLENIlERCiER [":.' t.ISl;I~"T,'\\'s R\~..,[\ . 1'\) 1\4.'\X t>,'q~ . IIARRI~[\t'HI~. I'.... Ijll.'tl,~H~ \;1;1 :\~ li,\' . IA\ l;lil :1<4 ":1: and legal basis for withholding the documents, In the present case, the Defendant merely states that the attorney client priVilege attaches. The Defendant does not state with specificity or describe the documents or categories of documents that they are withholding, They merely state that the attorney client priVilege attaches, This is insufficient under the Pennsylvania Rules of Civil Procedure, Therefore, disclosure must be directed, 7, Paragraph 8 of Plaintiff's Request for Production of Document states as follows: A copy of any and all maintenance records of self or any other entity responsible for the mai~tenance of the aisles at the Hills Department Store Number 0035 for the particular area where the Plaintiff's fall occurred, whether they are kept by yourself or another entity for the time period of one (1) year prior to and one (1) year SUbsequent to February 16, 1995, 8, Defendant's objection to Plaintiff's Request for Production of Document Number 8 is as follows: Objection, Defendant objects to this Request for Production of Documents, in particular the term "maintenance of the aisles" as being vague, burdensome and not limited in scope, Moreover, Defendant also objects to request for information which is after the alleged incident at hand, February 16, 1995, as that information is not reasonably calculated to lead to the production and/or discovery of discoverable or relevant information, 9, Defendant's objection to Plaintiff's Request for Production of Document Paragraph 8 is without basis under the Pennsylvania Rules of Civil Procedure and should be dismissed and production of documents ordered, Contrary to the Defendant's objections, relevance is broadly construed for purposes of discovery and is not limited to the precise 3 l:\\t'l)flltb()f TIMOTHY A. SIIOLLE~IlER(JER 1..:.11.1....t;U..T\~" RI'..\P . 1',1 l~lX 1'>!.'~-4~ . H,-\RfU"IlUh;, I',", I;h'l'\,'q~ 1;1;1:1-4 '~\\' . f:\\t;I:I:l-4~:[: issues set out in the pleadings, Rather, discovery is permitted if there is any possibility that the information may be relevant to the given subject matter of the action or may lead to discovery of admissible evidence. In the instant case, the information sought easily meets this standard. The requested information pertains to the maintenance of the aisles of the Hills Department Store Number 0035, The Defendant's treatment of such documentation is critical to the understanding and examining of Defendant's practices relating to elements of the same nature during the past years prior to the Plaintiff's incident, To the extent that Defendant handled the same incidents in different ways, inquiries that would allow the Plaintiff to compare the scope of these incidents, and the treatment afforded as well as to inquire as to the basis for the different treatment are proper discovery and should be allowed. Similarly, the identity of the custodians of the records sought may help identify potential sources of information and knowledge that would be relevant to Plaintiff's actions, Additionally, Plaintiff's request for Production of Documents cannot be any clearer. It clearly states that she is lOOking for copies of any and all maintenance records for the aisles of Hills Department Store No. 0035. Additionally, this request is not burdensome because it is limited in scope to the maintenance accorded this store. 10. Plaintiff's Request for Production of Documents are proper and Defendant should be directed to produce these documents, WHEREFORE, Plaintiff requests this Court dismiss the foregoing objections of Defendant to Plaintiff's Request for Production of Documents and direct the Defendant produce said documents requested in paragraphs 4 and 8 within ten 4 l."\\'nfHt:J:~C\f T1MOTIt\' A. SUOLlEN[JERGER I..~..' USlilf'T\.)\\'S Rl'.-\P . 1'\' I\4.)X t\\'H~ . 11....RRr...Hl'RI'j, P.... lil('tll)H~ lil71 !q \;,\' . ..."" lili, :14":1: EXHIBIT I Ii l..-.\J.'l1Hlt:["I..')t' TIMOTHY A. SHOLLENBERGER Ill:.' lISt.l bTl1'l''O fhl^1) r I' IklX ,.,;I..S TIMOTHY A. SHOLLENBERGER KARL J JANUZZI ELIZABETH A. ONTKO HARRISBURG, Po''.. 17106.054; (717) B07CIJ FAX 1m) 2JH~1Z January 16, 1997 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, Pa, 17013 Re: Yudacufski v, Hills Department Stores Dear Madam/Sirs: Enclosed please find the following: 1. An original and three (3 ) copies of a Complaint; 2. Plaintiffs' Interrogatories Directed to Defendant - - S-=t No, Or.e; 3 . Plaintiff's Request for !'~oduction of Document:s Directed to Defendant - Set No. O:;e; 4. A check for the amou~t of $45,50 payable to the Cumberland Count:y prot:honotary and $150,00 payable to the Cumberland County Sheriff which is the amou~t of deposit for service by the Sheriff's Office i~ Cumberland County, Please file the Complaint: app~opriately and return a time-stamped copy of same to this office in the self-addressed, stamped envelope provided, Do not file the Interrogatories and Request for Production of Documents. Please forward to the Sheriff for service: a certified, time-stamped copy of the Complaint, the discove~y documents directed to the Defendant, along with the approp~iate checks representing advanced costs, Should you have any quest:ions, please do not: hesitate to call, -, ,'t.lr. y/tluly YOUL"S, i I'~;? . , i' :, "'v l\arl\! J, Januzzi { I KJJ:mm Enclosures BUNNIE YUDACUFSKI Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. NO, HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT - SET NO, ONE To: HILLS DEPARTMENT STORES c/o C.T. CORPORATION SYSTEMS 1635 MARKET STREET PHILADELPHIA, PA. 19103 PLEASE TAKE NOTICE TPAT PURSU~~T TO Pa, R,C.P, 4009, you are required to furnish at our office, on or before .thirty (30) days of service hereof, a photosta:ic copy or like reprcduction of the materials concerning tr.is action cr its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1, The contents of any investigation file or files and any other documentary material in your possessicn or control which support or relate to the allegations contained in the Plaintiff's Complaint (excluding any documents or portions thereof found in such file whose production would disclose the mental impressions of Defendant's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories or would require disclosure of the mental impressions, conclusions or opinions respecting the value or merit of Plaintiff's claim or its defense or respecting strategy or tactics of a representative of the Defendant other than Defendant's attorneyl. 2, Any and all statements concerning the action, as defined by Rule 4003,4, from all witnesses including any statements from the parties herein, or their respective L.4,IJ.' OFFICES OF TI~tOnIY A. SHOlLE~nERGER 1~:211~~(JLEST(:\\.~ R0.\t' . fl.' &)X l'i..:'S<4S . H,\Rl\l:-:f\l:F..\~ f\ 1;1.'1' ..~..~ 171"1 :q \7':\' . FAX 17171 :'-l ~:l: agents, servants or employees, 3. All photographs taken or diagrams prepared of the scene of the fall or any instrumentality involved therein, 4. Any and all documents containing the names and home and business addresses of all individuals contacted as Potential witnesses, 5, The face sheet and policy of insurance that covered the Defendant on the date of the incident against the tyPe of risk of loss involved in this case, 6, Any medical reports, records, notes or other memoranda concerning the Plaintiff's physical or emotional conditions, 7, A copy of any written Contract that existed between Defe~dant and any entity for the cleaning and/or maintenance for the particular area where the Plaintiff's fall occurred. S, A copy of any and all maintenance records of self or any other entity responsible for the maintenance of the aisles at the Hills Department Store Number 0035 for the particular area where the Plaintiff's fall oCcurred, whether they are kept by yourself or another entity for the time period of one (1) year prior to and one (1) year subsequent to February 16, 1995, 9, All incident reports prepared by the Plaintiff or on the Plaintiff's behalf pertaining to the incident alleged in the Complaint, 10, All incident reports prepared by the Defendant or on the Defendant's behalf ~ertaining to the incident alleged in the Complaint, 11. All resumes or curriculum vitae of each and every tech~ician or expert whom you intend to call as a witness during the trial of this case, 12, All exhibits which you intend to introduce at the trial of this action, l.\u"l'Hh:tSCI lHIOTIn ^. SIIULl.E:'-Jnflu;rR l~:,' U~;t,tbT\""", R.l"l) . r,' P,\\ f\\'~..~ . It,'''RRI~rl.fi,: r... 1:1.'('1.'5.., (:I~I :\.. '~,\' . H.'( (:!~I :'" ~:I: 13, A list of all witnesses, both lay and expert, which you intend to call at the time of trial, ~ , Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER By: Dated: January 16, 1997 l.4.\l' OFFlCE5 C'f TI~IOnl\' A. SIIOI.LE:"OII[RGf.R ,~:: U'.I~lE~'i""\\'~; f;\~\r' . rl" ('l\.\, f>,:'S.&~ . H.\fH,j"pi F,', r". 1:1:" :~~, I::" :ll I::: . FAX (71"\ : 1.& ~:': EXHIBIT I 13 HAkRISIURO/SYSI\LIAB\LFR\LLPG\472" BUNNIE YUDACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO,: 97-262 CIVIL TERM HILLS DEPARTMENT STORE COMPANY, JURY TRIAL DEMANDED Defendant OBJECTIONS TO PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT. SET NUMBER I 4 . Objection. Defendant objects to this Request for Production of Documents as not being reasonably calculated to lead to the discovery of discoverable evidence in this matter. Moreover, Defendant also objects to this Request for Production of Documents to the extent that it violates the attorney-client privilege and/or is otherwise protected against disclosure by the Pa, R,C.P. 4003.1 and 4003.4, inclusive. 8, Objection. Defendant objects to this Request for Production of Documents, in particular the term of "maintenance of the aisles" as being vague, burdensome and not limited in scope, Moreover, Defendant also objects to request for information which is after the alleged incident at hand, February 16, 1997, as that l information is not reasonably calculated to lead to the production and/or discovery of discoverable or relevant information. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: L n F, 'Reutelhuber, Esquire I.D. U 66887 100 pine Street - Fourth Floor Harrisburg, PA 17108 (717) 232-1022 Attorneys for Defendant, Hills Department Store Company DATE: March 10, 1997 BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA plaintiff v. NO. 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED ORDER AND NOW this day of ' 1997, upon consideration of Plaintiff's Motion to Dismiss Defendant's Objections to plaintiff's Request for production of Documents and Defendant's Answer to this Motion, it is ORDERED that the objections are dismissed and the Defendant is directed to produce documents pertaining to Plaintiff's Request for Production of Documents Paragraph 4 and 8 to Plaintiff with days or suffer sanctions upon further application to this Court, J tAW OIHCts l )~. TI~IllTIlY A. SlIllLLENBERGER III:,' usnl [SHl\\'N Rn4,1l . 1'0 IIl)X IX'~H . 1l^JtRIS1\l'Rli, 1',.4, 1710t0l'\4~ \i171 :\4\7\." . ~:\x t7\il :H 1'1:12 f ,~ Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses, 5. Defendant's objections to Plaintiff's Request for Production of Documents Paragraph 4 states as follows: Objection, Defendant objects to this Request for Production of Documents as not being reasonably calculated to lead to the discovery of discoverable evidence in this matter. Moreover, Defendant also objects to this Request for Production of Documents to the extent that it violates the attorney-client privilege and/or is otherwise protected against disclosure by the Pa. R,C.P, 4003.1 and 4003,4, inclusive, 6, Defendant'S objections to Plaintiff's Request for Production of Document Paragraph 4 is without basis under the Pennsylvania Rules of Civil Procedure and should be dismissed in its entirety, Pennsylvania Rules of Civil Procedure 4003.1 through 4003,4 inclusive expressly state that any party may, upon written request, obtain from his opponent, a copy of the party's own statement or the statement of any and all witnesses in the possession of the opponent and obtain a list of all potential witnesses. The rule covers all forms of statements, including signed statements, recordings and transcripts. The comments to Rule 4003,4 clearly indicate that for purposes of this rule, every party to an action is a witness and his statement is therefore included in the coverage of the rule, Additionally, Pennsylvania Rule 4019 expressly states that where the responding party indicates that the documents have been withheld, the party seeking discovery needs sufficient information concerning the nature of these documents and the reasons why they were withheld. This requires the responding party to describe the documents or categories of documents that were withheld and to set forth the factual 2 lA..\.' (lHII '!~ l)~ TIMOTlI\' ^. SIIOltf.NIJF.H(iEH ]":1' U"'! ;II.Slt )\\.'~ 1\\ '.>\11 . I'i) 1101. l\ fXl~,,~ . IIAJtHbll\ 'HI;, I',"" 17h,'t> l'H~ \i171 :\.4 \il\' . 1.0\' 17171 :\.4 "!U and legal basis for withholding the documents. In the present case, the Defendant merely states that the attorney client privilege attaches. The Defendant does not state with specificity or describe the documents or categories of documents that they are withholding, They merely state that the attorney client privilege attaches. This is insufficient under the Pennsylvania Rules of Civil Procedure. Therefore, disclosure must be directed. 7. Paragraph 8 of Plaintiff's Request for Production of Document states as follows: A copy of any and all maintenance records of self or any other entity responsible for the maintenance of the aisles at the Hills Department Store Number 0035 for the particular area where the Plaintiff's fall occurred, whether they are kept by yourself or another entity for the time period of one (1) year prior to and one (1) year subsequent to February 16, 1995. 8. Defendant's objection to Plaintiff's Request for Production of Document Number 8 is as follows: Objection, Defendant objects to this Request for Production of Documents, in particular the term "maintenance of the aisles" as being vague, burdensome and not limited in SCope. Moreover, Defendant also objects to request for information which is after the alleged incident at hand, February 16, 1995, as that information is not reasonably calculated to lead to the production and/or discovery of discoverable or relevant information. 9. Defendant's objection to Plaintiff's Request for Production of Document Paragraph 8 is without basis under the Pennsylvania Rules of Civil Procedure and should be dismissed and production of documents ordered. Contrary to the Defendant's objections, relevance is broadly construed for purposes of discovery and is not limited to the precise 3 lA'o\' i.)H1CfS t,)F TIMOTIIY A. SIIOLlENBERGER 11'l!,' US(il.blCl\\'N Rn"-Il . 1'0 Ik.)X fl(1~H . H^RRI~IIL:R{,. rA 1710tl'l'~H (717) .!H-J7,\' . ~'^X (717) !14-S!I! issues set out in the pleadings. Rather, discovery is permitted if there is any possibility that the information may be relevant to the given subject matter of the action or may lead to disCovery of admissible evidence, In the instant case, the information sought easily meets this standard, The requested information pertains to the maintenance of the aisles of the Hills Department Store Number 0035, The Defendant's treatment of such documentation is critical to the understanding and examining of Defendant's practices relating to elements of the same nature during the past years prior to the Plaintiff's incident. To the extent that Defendant handled the same incidents in different ways, inquiries that would allow the Plaintiff to compare the SCOpe of these incidents, and the treatment afforded as well as to inquire as to the basis for the different treatment are proper discovery and should be allowed, Similarly, the identity of the CUstodians of the records sought may help identify Potential sources of information and knowledge that would be relevant to Plaintiff's actions. Additionally, Plaintiff's request for Production of DOcuments cannot be any clearer. It clearly states that she is looking for copies of any and all maintenance reCords for the aisles of Hills Department Store No. 0035, Additionally, this request is not burdensome because it is limited in scope to the maintenance aCcorded this store. 10. Plaintiff's Request for Production of Documents are proper and Defendant should be directed to produce these documents, WHEREFORE, Plaintiff requests this Court dismiss the foregOing objections of Defendant to Plaintiff's Request for Production of Documents and direct the Defendant produce said documents requested in paragraphs 4 and 8 within ten 4 1...0\\\' l)J+/C:b n,.- TlMOTJf\' A. SHOLlENnERGER ":.' "",l.bTI1\l',", Hll'l' . I'll /In.X "'1<1 . "^HHb/lUHO. rA 171O<lOIH lili' 21417,\1 . f','\,\:17/ilnflilll days or suffer appropriate sanctions upon further application to this Court under Pennsylvania Rule of Civil Procedure Number 4006(a) and 4019(a), dismissing objections to Request for Production of Documents and directing production of said documents. By: Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER Dated: May 2, 1997 5 '-Aw' llHICb Ufo TIMOTIIY A. SIIOLLENBERGER 1,'1:,' U~\JJ,ESTll\\'S IH)AP . pn IIolY< f'oI.'\4\ . II^RRI~III:fH" l'A 11Il'nl'\.4\ lili! :1.. Ii.\' . L..X l7Iil!H ~!11 BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO, 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 2nd day of May, 1997 I hereby certify that I have served the following Motion to Compel production of Documents on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lynn F. Reutelhuber, Esq, 100 pine Street - Fourth Floor Harrisburg, Pa, 17108 Respectfully submitted, IMOTHY A. SHOLLENBERGER By: Dated: May 2, 1997 6 tA;\' l lfFICI'S n~ TIMOTIlt A. SIIOlLENIlER(;ER t"'!~' U~tjll:sl~1\1.'S 1{l1.~11 . 1'\1 !\l.)X /'o('H~ . 1l.4.RIU~I'tIRl,. I'A 171l'nl'H~ \ilil H4Ii~\1 . ~^X lilil 114"'111 THOMAS. THOMAS" HAFER BY: Stephen E. Gllduldig, elquire Idonlillcolion No. 43630 306 North Fronl SUOOI P.O. Box 999 Horrl,burg, PA 17109.0999 BURNIE YUDACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA, v. NO. 97-262 CIVil HillS' DEPARTMENT STORE COMPANY, Defendant v. SPECTROWAX CORP" Additional Defendant PRAECIPE TO THE PROTHONOTARY: Enter the appearance of Stephen E, Geduldig, Esquire and the law firm of Thomas, Thomas & Hafer as counsel for Additional Defendant Spectrowax Corp, THOMAS, THOMAS & HAFER Date: May ~ ' 1997 ~~. Stephen E. Geduldig, tciuire Attorney 1.0. # 43530 305 North Front Street p, 0, Box 999 Harrisburg, PA 17108-0999 (717) 237-7119 ATTORNEYS FOR ADDITIONAL DEFENDANT J:;L...cL ,:..\ vL.LJ l . VIlLJ-I/'0,-1( ,-h""1 o(s, 1'711 ~ of (,~c t f r. KARL J. JANUZZI, ESQUIRE 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 For the Plaintiff C'.<rj-u....... tr"'~'{'.{ "'/J.'; /'I" .J>.~ LYNN F. REUTELHUBER, ESQUIRE 100 Pine street, Fourth Floor Harrisburg, PA 17108 For the Defendant wcy v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BUNNIE YUDACUFSKI, Plaintiff HILLS DEPARTMENT STORE COMPANY, Defendant No. 97-0262 CIVIL TERM ORDER OF COURT 3. with respect to plaintiff's interrogatory 9, AND NOW, this 19th day of June, 1997, upon consideration of Plaintiff's Motion To Dismiss Defendant's Objections to Plaintiff's Interrogatories and Compel Answers, and following a discovery conference held in the chambers of the undersigned judge in which plaintiff was represented by Karl K. Januzzi, Esquire, and Defendant was represented by Lynn F. Reutelhuber, Esquire, it is ORDERED and DIRECTED as follows: 1. with respect to Plaintiff's interrogatory 7, plaintiff's motion is granted; provided, that the interrogatory shall be interpreted to be limited to inspection of the aisles for purposes of safety of the floor. 2. with respect to Plaintiff's interrogatory 8, plaintiff's motion is granted; provided, that the interrogatory shall be interpreted to request information as to safety inspections of the floors of the aisles. Plaintiff's motion is granted; provided, that the interrogatory shall be interpreted as limited to contracts inVOlving the maintenance, including repairs, cleaning, and waxing, of floors. 4. with respect to Plaintiff's interrogatory 10, plaintiff's motion is granted; provided, that the interrogatory shall be interpreted to be limited to conditions of build-up of wax and/or other dangerous wax conditions on the floor of the aisle. "T. ,(y) r'{t;Ll '!.v~Rv-/"U0,)I'Ji"f ~ (.'11 he. JU.V<L aU I ('1rll t 5. with respect to plaintiff's interrogatory 11, the interrogatory is deemed moot, because the same information has been requested in plaintiff's Request for production of Documents. 6. With respect to plaintiff's interrogatory 15, plaintiff's motion is granted; provided, the interrogatory shall be interpreted as being limited to conditions existing as to the floor of the aisle. 7. with respect to plaintiff's interrogatory 20, plaintiff's motion is granted; provided, that "etc." shall be deleted from the interrogatory, and the interrogatory shall not be interpreted to include any privileged documents. J By the . KARL J. JANUZZI, ESQUIRE 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 For the plaintiff L'.o-fu.,v ff';,,,....~<l. 1,,/:1,:'/1'1, .-h.f, LYNN F. REUTELHUBER, ESQUIRE 100 pine street, Fourth Floor Harrisburg, PA 17108 For the Defendant wcy .............. ......... .....: .., ..Ue......,.........,........ .'. ... ........... ..... .... ....... '.'.. '..' '" ".' " .', '. .:. < .... .' .'. .,.' ....'. .... .. <,' . ,.n '. c'. '.. . .'.',". .... .'. ... . .' . .... . '. . ',,', . .".. .' .,. .". .;:'.::. i' <'.ue :'r~;: ,u<;..... '.: ... '.". .C.. . ""... :o, ....' '''' ..': .. . . "...<'. . ....... ..,. 'C' ..}......".'.: ...:.... .~ :~ :<i.. :........: .... e.: ;.<' f ie' .:; <.,' " ~ '.-' ."" ...... . . :.c.... ~'''' ". '.,i';,. .: '" :,.7..... .,\.' ". ..~". c , '. . ,...., '. ". .' : ~ ' '..;r .... ~~., ..}:~~;~ . ... ',~'or"~" , ~!'i' '.:... .,., ~".'~' <~ . ~~ .,.. \'. ..;~ ,{: . ... . " o ' ... ,,,''':'...'' , 7.;'" . : ./ ..' . ":~::';'" .," '_c. '.. . ..' :.,:. ' '. . ., .<: ...~....:' ...: <:.' " '. .. ,<;. .: ....:.;\ . " " .;; , ' ',. ,'" . ,ii, . . .", :'.: ,i" 'i','''; .. . "" '." ~\;ff"" .. iedl' . '.:t:':: .. 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'C BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v, No. 97-262 HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 25th day of July, 1997 I hereby certify that I have served Answers to Interrogatories Set lIon the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lynn F. Reutelhuber, Esq. 100 pine Street P. O. Box 803 Harrisburg, Pa. 17108 Respectfully submitted, LAW A. SHOLLENBERGER By: Dated: July 25, 1997 lA\\' l )~FICI:::S l)f TIMOTIIY A. SllOLlENUERGER 11l1l' l.IN(iU:~Tl'M'N Rll"'l . I'll f1.l.)X ~'\.4~ . IIAtHO~I\I'IU1. I',,*, 17Il'(ll'\.4~ (il71 !H-'7~\.' . f....X 171il 11.4-1'1111 JLL-28-1997 15:24 FROM 1'1ARSmLL,U,Jll'IEI-EY HBG, TO 3lJ7m38lJ47~1l1llUb~lbI7 P,1l4 V E R I FIe A T ION I hereby affirm that tho following facto arc correct: I Hills Department Store Company, is a Defendant in the foregoing , I action and I/we am/are authorized to execute thiD yerification on their behaH. The attached Joinuer Complaint against Spectrowax is based upon information which has been gathered by my counsel I in the defenoe of this lawsuit, The language of tile Joinder I Complaint against Spectrowax is that of counsel and not of me. I I I have read the Joinder Complaint against spectrowai and to the extent that the Joinder Complaint against Spectro~ax is based I upon information which I have given to my counsel,: it is true and , correct to the best of my knowledge, information dnd belief. To I the extent that the contents of the Joinder compldint against Spectrowax are that of counsel, I have relied upoJ counsel in , I making this Verification, I hereby acknowledge that the facts I set forth in the aforesaid Joinder Complaint against Spectrowax , are made subject to the penalties of 18 Pa. C,S, Section 4904 I relating to unsworn falsification to authorities, : I B~', Nftllr" (TU\, M. FITCh DATE: vyj;/ctA,~ . . ~ J71! 1)61 \.ot' Hill~' bepar~nt' SteT; ~mpany ~ ' I JUL 28 '97 15:34 PI'(lE.OO4 f , ~.~, ..-:' n -.' '\I . ,- " , " ] .) , " j .-, ~ ll, l , , . , i ) , " =:,' ! , '.') .~.J - : - - 10 - c , ( ) -I " : - ::~ " J I . I :':'1 CJ ., \:.' , , -. I , ,I " " --:1 0'\ _.I -.;,; q?- J.L~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 f I .. ! MCS on behalf of LYNN F. REUTELHUBER, ESQUIRE defendant certifies that . "1 (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. 9/04/97 LYNN F. REUTELHUBER, ESQUIRE Attorney for defendant DEll-002003 3669 7-COO -LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF. COURT OF COMMON PLEAS YUDACUFSKI TERM, 0000 -VS- CASE NO. 97-262 HILLS DEPARTMENT STORE COMPANY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note. see enclosed list of locations J TO. KARL J. JANUZZI, ESQ. HCS on behalf of LYNN F. REUTELHUBER, 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. 8/14/97 MCS on behalf of LYNN F. REUTELHUBER, ESQUIRE Attorney for DEFENDANT CCI LYNN F. REUTELHUBER, ESQUIRE - 0804700106 Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET '800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-051198 36697-COJ.. <XMOlWFALTII OF pmNSYLVANIA 0XJNl'Y OF ClI4BI'.1lU\tI) YUDACUFSKI File No. 97-262 VS HILLS DEPARTMENT STORE COMPANY SUBPOENA TO PR<XllX:E ooa..t'ENTS OR lH I NGS FOR 0 I SOOVERY PUlSUANT TO RlJLE 4009. 22 CUSTODIAN OF RECORDS FOR: DR. BRONSTEIN (NlI1ll!l of Person 01" Entity) Within twenty (20) days after service of this subpoena, you are OI"dered by the court to procUce the following docunents 01" things: SEE ATTACHED TO: at (Address) You may deliver 01" mail legible copies of the docunents 01" produce things requested hI this subpoena, together with the certificate of c:arp!iance, to the party making th;~ request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. I f you fa; 1 to produce the docunents 01" things required by this subpoena within twenty (20) days after its serv~ce, the party serving this subpoena may seek a court order c:arpelling you to c:arply with it. lHlS SUlPOENA WAS ISSUED AT TlE REQ.EST OF TlE Fct..LQIIINO PERSON: NAME: LYNN F. REUTELHUBER, ESQUIRE ADDRESS: 100 PINE STREET, 4TH FLOOR HARRISBURG PA 17101 iELEPHONE: (215) 246-0900 Sl.-"REI'E <:nJlT I D If ATTORNEY FOR: DATE: f~/--tj 7 Sea 1 of the Court (Eff. 1/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR, BRONSTEIN 4830 LONDON DERRY ROAD HARRISBURG. PA 171095240 RE: 36697 BUNNIE YUDACUFSKI Dates Requested: up to and including the present. Subject: BUNNIE YUDACUFSKI 30 S. lITH STREET, CAMP HILL, PA 17011 Social Security #: 213.32-5749 Date or Birth: 05-04-34 Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records. relating to any examination, consultation. care or treatment. . SU10 .104292 36697-L02 o:MQlWEALTII OP' PENlSYLVANIA axJNl"( OP ~ t f YUDACUFSKI File No. 97-262 VS HILLS DEPARTMENT STORE COMPANY SUBPOENA TO pR<XllJ::€ DOCl..tENTS OR TH I NGS FOR 0 I SOOVERY MSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC HOSPITAL (NIlmll of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to proQ.Ice the following docunents or things: __ SEE ATTACHED TO: at . (Address) You may deliver or mail legible copies of the'docunents or produce thin9s requested b~ this subpoena. together with the certificate of carpI iance, to the party mak ing this request at the address I isted above. You have the right to seek in advance the reasonab IE cost of preoaring the coPies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within t",enty (20) days after its serv:ce, the party serving this subpoena may seek a court order carpe 111ng you to carp ly with it. THIS StJBPCE:NA WAS ISSl.EO AT THE REaLeST OF THE FOlLCWING PERSON: NAME: LYNN F. REUTELHUBER, ESQUIRE ADDRESS: 100 PINE STREET, 4TH FLOOR HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 51 J'REr'E COORT I D It ATTORNEY FOR: DATE: ex - 1- q 7 Sea I of the Cclrt ty (Eff. 1197) . EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GEN'L OSTEO, HOSP, 4301l LONDONDERRY ROAD p, 0, BOX 30llll HARRISBURG, PA l71115 RE: 36697 BUNNIE YUDACUFSKI Any and all records, correspondence, files and memorandums, handwrillcn nolCS, relaling to any exammation, consultation care or treatment. Dates Requested: up to and including the present, Subject: BUNNIE YUDACUFSKI 30 S. 17TH STREET, CAMP IIILL, PA 17011 Social Security #: 213.32.5749 Date of Birth: 05.04.34 . SUIO.I04l94 36697 -L03 EXPLANATION OF REijUlRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR, DEAN BROCKMOLE 4518 UNION DEPOSIT ROAD HARRISBURG, PA 17109 RE: 36697 BUNNIE YUDACUFSKI Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: BUNNIE YUDACUFSKI 30 S. lITH STREET, CAMP HILL, PA 17011 Social Security #: 213-32.5749 Date or Birth: 05.04.34 SUIO.I04296 36697-L04 . <DMJNWFALTH 01" PmNSYLVANIA CDJNl"{ OF ClJoIBflUMI) ! l YUDACUFSKI File No. 97-262 VS HILLS DEPARTMENT STORE COMPANY SUBPOeNA TO PROOUCE lXlO.H:/fl"S OR TliIOOS FOR 0 I S())VERY ~SUANT TO RULE 4009. 22 CUSTODIAN OF RECORDS FOR: HARRISBURG RADIOLOGY ASSOCIATES (NlI1lll of PerSOll or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to PI"O<1Jce the following docunents or things: SEE ATTACHED TO: at (Address) . You may deliver or mail legible copies of the docunents or produce things requested hI this subpoena, together with the certificate of carpliance, to the party making thi~ request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preoaring the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving this subpoena may seek a court order c:crrpelling you to c:crrply with it. TliIS SUlPOENA WAS ISSUED AT we REa.EST ~ we FOLLCII'IINQ PERSON: NAME: LYNN F. REUTELHUBER. ESQUIRE ADDRESS: lOO PINE STREET, 4TH FLOOR HARRISBURG PA l7l0l TELEPHONE: (215) 246-0900 Sl-"Re-E a=ulT 10 If ATTORNEY FOR: B ty DATE:J-I-17. Sea I of the Court (Eft. 1/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COWLEY MEDICAL ASSOCIATES 25 NORTH 21ST STREET CAMP HILL. PA 171111 RE: 36697 BUNNIE YUDACUFSKI Any and all records, correspondence, files and memorandums, handwrillen notes, billing and payment records, relating to any examination, consultation, care or treatment, Dates Requested: up to and Including the present. Subject: BUNNIE YUDACUFSKI 30 S. lITH STREET, CAMP HILL, PA 17011 Social Security H: 213-32-5749 Date or Birth: 05-04-34 . SUIO.J04298 36697 - LO S ~TH OP' PElNiYLVlINIA <XXJNl'Y OF aM3I'llLAM) t YUDACUFSKI ,. File No. 97-262 VS HILLS DEPARTMENT STORE COMPANY SlAlPOENA TO PR<XlLCE OOCl..tENTS OR TH I NC1S FOR DISCOVERY PIJlSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER (N5lle of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following ~ts or things: _________ SEE ATTACHED at (Adcress) You may deliver or mail legible copies of the docunent3 or produce things requested !J~ this subpoena, together with the certificate of ccrrpliance, to the party making this request at the address 1 isted above. You have the right to seek in advance the reasonab IE cost of preoaring the copies or producing the things sought. I f you fail to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving this subpoena may seek a court order corpe11ing you to ccrrply with it. THIS SU!POENA WAS ISSUED AT THE REQlEST ~ TIE FOLLCWING PERSON: NAME: LYNN F. REUTELHUBER, ESQUIRE ADDRESS: 100 PINE STREET, 4TH FLOOR HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SlJ'REl'E exulT I D If ATTORNEY FOR: DATE: f'-(-17 Sea I of the Court IU~ U-.._ty (Eff. 1/97) <XfM)NWIW.T11 or PElftiYLVANIA COONl"l OF a.tmmIJ\lt) YUDACUFSKI File No. 97-262 , r " f. t , Within twenty (20) days after service of this subpoena, you are ordered by the court to i, PI"OCiJce the following docunents or things: __ SEE ATTACHF.D THIS SUBPOENA WAS ISSUED AT THE REQ..EST Of TIE FOLLQl/ING PERSON: NAME: LYNN F. RF.UTELHUBER, F.SQUIRF. ADDRESS: 100 PINE STREET, 4TH FLOOR HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 St"'REr-E roulT I D It ATTORNEY FOR: DATE: f -/ - f 7 Slllll of the' Court VS HILLS DEPARTMENT STORF. COMPANY SUBPOENA TO PROCllX:E OOCl.foFNTS OR lli I NQS FOR D I SCX>VERY PUlSUANT TO RULE 4009. 22 TO: CUSTODIAN OF RF.CORDS FOR: DR. ZELIGER (N5Tlll of Person or Entity) i f 'I I You may deliver or mai I legible copies of the docunents or produce things requested h~ this subpaena, together with the certificate of carpliance, to the party making thi~ request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preoaring the capies or producing the things sought. I f you fail to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce. the party serving this subpoena may seek a court order carpe II ing you to carp Iy with it. at (Adcress) . Ivil Division ~ u-ty (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL CENTER SilO UNIVERSITY DR P,O, BOX !lSO HERSHEY, PA 171133 RE: 36697 BUNNIE YUDACUFSKI Any and all records, correspondence, riles and memorandums, handwrillen noles, relating to any examination, consultation eare or treatment. Dates Requested: up to and Including the present. Subject: BUNNIE YUDACUFSKI 30 S. lITH STREET, CAMP HILL, PA 17011 Social Security #: 213-32-5749 Date or Birth: 05-04-34 . SUIO.I04304 36697-LOB BONNIE YUDACUFSKI, Plaintiff IN THE COURT OF CONNON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. HILLS DEPARTMENT STORE COMPANY, Defendant CIVIL ACTION - LAW v. SPECTROWAX, Additional Defendant NO. 97-0262 CIVIL TERM AND NOW, BEFORE HOFFER and OLER. JJ. l ~ ORDER OF COURT thisf{) day of October, 1997, upon consideration of IN RE: ADDITIONAL DEFENDANT'S PRELIMINARY OBJECTIONS TO DEFENDANT'S JOINDER COMPLAINT the preliminary objections filed on behalf of Additional Defendant Spectrowax to the joinder complaint of Defendant Hills Department Store Company, and following oral argument held on October 1, 1997, the preliminary objections are SUSTAINED to the extent that Defendant is directed to file a more specific complaint, indicating (a) in what respect Additional Defendant's product was defective and unreasonably dangerous, (b) in what respect Additional Defendant was negligent, and (c) in what respect Additional Defendant breached an express warranty and the implied warranties of merchantability and fitness for a particular purpose. BY THE COURT, J. #J.(.(t.r ~ .' ')0 c~Ap 2 6 1997 t ; " BUNNIE YUDACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, HILLS DEPARTMENT STORE COMPANY, NO,: 97-262 CIVIL TERM Defendant v. SPECTROWAX, Additional Defendant JURY TRIAL DEMANDED MEMORANDUM OF LAW OF DEFENDANT TO THE PRELIMINARY OBJECTIONS OF ADDITIONAL DEFENDANT TO DEFENDANT'S JOINDER COMPLAINT I. FACTS AND PROCEDURAL HISTORY Plaintiff, Bunnie Yudacufski, (hereinafter referred to as "Plaintiff"), instituted the current civil action by filing a Complaint on or about January 16, 1997, against Defendant. Plaintiff's Complaint was served upon Defendant's registered agent on February 7, 1997. Plaintiff's allegations stem from an alleged slip and fall at Defendant's store at 3431 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania, on or about February 16, 1995. Plaintiff alleges that she incurred injuries/damages due to the condition of the flooring, namely wax on the floor, at Defendant's said location, on said date. Preliminary Objections of Defendant were filed to this Complaint, and argued previously before this Court. On or about April B, 1997, Defendant filed a Writ of Summons to Join Spectrowax as Additional Defendant in this matter. On August 12, 1997, Defendant filed a Joinder Complaint against Spectrowax, which is attached hereto as Exhibit "A", On or about September 2, 1997, Additional Defendant Spectrowax filed Preliminary Objections and supporting Brief, against the Joinder Complaint by Hills, alleging the non- specificity of the Joinder Complaint. Defendant hereby requests that this Honorable Court, for the reasons set forth herein, and as set forth in the Answer to said preliminary Objections, that said preliminary Objections be dismissed; or in the alternative, that'Defendant Hills Department Store Co. be allowed to file an Amended Joinder Complaint against Spectrowax in this matter, II. ISSUE WHETHER THE JOINDER COMPLAINT AGAINST ADDITIONAL DEFENDANT IS SPECIFIC, IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, FOR ADDITIONAL DEFENDANT TO PREPARE A RESPONSE, SO THAT ADDITIONAL DEFENDANT PRELIMINARY OBJECTIONS ARE DISMISSED? [SUGGESTED ANSWER: YES] III. LEGAL STANDARD In determining whether the facts averred in Defendant'S Joinder Complaint are sufficient to establish a legal cause of action, "any doubt must be resolved in favor of overruling the -2- , Preliminary Objections." Steiner v. Bell Telephone Companv of pennsvlvania, 358 Pa. Super, 505, 517 A.2d 1348, 1349 (1986). IV. LEGAL ARGUMENT THE JOINDER COMPLAINT OF DEFENDANT AGAINST ADDITIONAL DEFENDANT IS SUFFICIENTLY SPECIFIC ENOUGH SO AS TO ENABLE THE ADDITIONAL DEFENDANT TO PREPARE ITS RESPONSE, IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL PROCEDURE. Rule 1019(a) of the Pennsylvania Rules of civil Procedure requires a Complaint to contain the material facts upon which a cause of action is based and further requires the facts to be stated in a concise and summary form, "Generally speaking, pleadings should be sufficiently specific so as to enable an opposing party to prepare his or her 306, 305 A.2d 774 (1973). Further, where the sufficiency of a response." Goodrich Amram Second Section: 4, Commonwealth Environmental Pollution Strike Force v, Jeannette, 9 Pa. Commw. particular paragraph of a pleading is at issue, the court may take into consideration the averments of other paragraphs dealing with the same subject matter. Ibid; and Duchess Underwear Corp, v. Swan Manufacturinq Co., 75 D, & C, 185 (1950). Defendant's Joinder Complaint against Additional Defendant meets the above-stated requirements. The Joinder Complaint, when read as a whole, in conjunction with Plaintiff's Complaint, clearly sets forth the causes of action and claims -3- against Defendant, based on the fact of Additional Defendant having provided the wax in question, and Plaintiff is alleging that she fell on that wax on the floor of Hills, Furthermore, under Pa.R,C,P. 1019, Defendant is only required to plead material facts essential to the cause of action; only ultimate facts are to be pleaded. Defendant is not obligated to state the legal theory or theories underlying the Joinder Complaint, and Defendant is not required to allege facts which are wholly or particularly within the knowledge of the Additional Defendant, or where those facts already known to the Additional Defendant. Additionally, Defendant is not required to plead evidence. Additional Defendant alleges that the Joinder Complaint is a "virtual laundry list of broad allegations and conclusions", which is untrue. The identity of the product is the wax in question, which was obtained from Spectrowax, The nature of the breach of warranty and all the allegations are set forth in the Joinder Complaint. Plaintiff has alleged that she slipped on wax on the floor at Hills. The wax was obtained from Spectrowax, and applied to the floors. That very nature of the wax coming from Additional Defendant, and that being the Plaintiff's allegations, go to the center of the claim by Defendant against Additional Defendant. .. Additional Defendant is not prejudiced by its allegation that it cannot respond to the allegations. Additional -4 - IlARR ISBURG/SY5: \LIAB\DM3\SLI'G\62921 BUNNIE YUDACUFSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. HILLS DEPARTMENT STORE COMPANY, NO.: 97-262 CIVIL TERM Defendant V. SPECTROWAX, Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE JOINDER CLAIMS AGAINST ADDITIONAL DEFENDANT SPECTROWAX Please discontinue this matter as to Additional Defendant Spectrowax only. MARSHALL, DENNE HEY , WARNER, LEMAN & GOGGIN By: / /JI! aVld M. Green, I.D.#: 47381 100 Pine Street Suite 400 Harrisburg, PA 17108 717-232-1022 Dated: I'/./!f( 77 Attorneys for Defendant Hills f'.~"! r: '~\, ".i: \'J ..f"'! : I, ,',,:; 1: ;,7 (~' I 1','+,'" " ,.1 BUNNIE YUDACUFSKI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-262 CIVIL v. HILLS DEPARTMENT STORE CO., Defendant v. SPECTRA WAX, Additional Defendant MOTION TO DISCONTINUE AS TO ADDITIONAL DEFENDANT, SPECTROWAX. PURSUANT TO PA. R. CIV. P. 229 1. Plaintiff, Bunnie Yudacufski, filed a Complaint in the action captioned above, against Defendant, Hills Department Store Co., on or about January 16, 1997. 2. Defendant, Hills Department Store Company, filed a Writ of Summons to Join Additional Defendant, Spectrowax, on April 8, 1997. 3. Defendant Hills Department Store Company filed a Praecipe to Discontinue Joinder Claims Against Additional Defendant, Spectrowax, in the above-captioned case, on December 5, 1997, a copy of which is attached hereto as Exhibit "A." 4. Counsel for Plaintiff, Bunnie Yudacufski, has signed a Stipulation agreeing to the dismissal of Additional Defendant, Spectrowax, in the above-captioned case, and same is attached hereto as Exhibit "B." Exhibit B IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-262 CIVIL BUNNIE YUDACUFSKI, Plaintiff v. HILLS DEPARTMENT STORE CO., Defendant v. SPECTRA WAX, Additional Defendant STIPULATION IT IS HEREBY stipulated agreed, by Karl Januzzi, Esquire, counsel for Plaintiff, Bunnie Yudacufski, that I concur in the discontinuance of all claims against Additional Defendant, Spectrowax, and that I concur in the filing of the Praecipe to Discontinue the joinder claims filed by Defendant, Hills Department Store Co., on December 5, 1997. / / :""/1/, Kar J. Ja uizi~ Esquire 1820 Un iestown Road Harrisburg, PA 17110 Attorney for Plaintiff Dated: L\. (, /'1.1 'j '/I CERTIFICATE OF SERVICE I, Stephen E. Geduldig, Esquire, of the law firm of Thomas, Thomas & Hafer, do hereby certify that on this day I served a true and correct copy of the foregoing MOTION on the following by depositing a true and correct copy in the United States Mail, at Harrisburg, Pennsylvania, addressed as follows: Karl J. Januzzi, Esquire 1820 L1nglestown Road Harrisburg, PA 17110 David M. Green, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 100 Pine Street, Suite 400 Harrisburg, PA 17108 By Stephen E. Geduldig, Esquire I.D. No. 43530 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7119 Attorneys for Additional Defendant, Spectrowax Dated: December 29, 1997 I ~ v. , ~ ~ :3 ~ 1 1':1 ~ ..... ~ ......... ~ -- '" -- ~. -0 " "9 ,,' C> .1) F- :;;) 0 '" ~l( .- J nil - -..". - .1:rJ I ,." '. -,';-' V) ,',D !+, ;<) '-, .., ." " )::! . " ",l ,,, ) " jln '. --, r.- 0> .< I'.) :n , ~) L\!.lltL-" I I ,.liIL ..,'I,,! , '. C'-\. .: I. :..li ~ r 'J_,I, .\' \ \.11. ,'.I,")l\ :. .~ '.Jl ..l J ~ ( - 1 '... .! 1.1 l 1\'\.:\ i.: LpL .l llll.~ " ';('.. 10: I') ,:i.'(I (, J .I. 111~ , YlJLonLU; :.:1',1 I'IJIIIII.I: ( l".' ~_, .' I:; I" " i.'LI '(,[,' II i: III :~ 1 UI(L 1:(11'11'(111,' (;,,,,(; IILllIluU r 1 '.!':)/ Utlic:,,,: I ":t::l.:C) .L'/L'd \;)1 I'll Li I j i lUl'if I., i: l()lll(l~, ,'. IUil I..J~ l.\l~~I'IJ~.j:...III_. Ul II.UVfL. VL.II T()L.\l ell(:c! '... .j r(jl;al Ci.\~ih...... I C!h.\lI!Jl:.'oo.......... 00.. :;..uu . UQ) ",..,,,,,,..,,.,,,,,,.,,,,,,,.,,,,.tJJJ.., Chc'cl-. "ju. ~:/)~J/C 1~I.'c", i pl: l;u C,,\ 1. ~~.'j" OD '-'l'.:.\\'l<:i.;'\c-Lion D(~\::.c f'1 ptlUI'l J)i!:~t't'ibl..lt:ion' Of P('\l'mt.~lll: _.._..._......_._._....... PdYIilC'lj I; r:'!h\Ount ... '..-.-.-.-...,-.,-,..-.....-. m:T rLUIEl~1 ~;j.. OFJ CUrlI.iEf~L(1f-1l) CD GEI'JCF(fll_ FUND _H'.___,,_____..___._... ~1.lJU , L " BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. 97 -262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE TO TAKE ORAL DEPOSITION TO: Joan Sholly, Office Manager, Hills Department Store Co. David M. Green, Esq. 100 pine Street - Fourth Floor Harrisburg, Pa. 17108 PLEASE TAKE NOTICE that pursuant to Pennsylvania Rules of Civil Procedure No. 4007, counsel for the Plaintiffs, BUNNY YUDACUFSKI will take the oral deposition of JOAN SHOLLY for the purpose of discovery and for use as evidence in the above action or for both purposes before a Notary Public of the Commonwealth of Pennsylvania at the offices of SHOLLENBERGER & JANUZZI, LLP, 1820 Linglestown Road, Harrisburg, Pa. 17110 at 9:00 A.M. on Tuesday, August 25, 1998, or before some other officer authorized to take depostions on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action and that the said JOAN SHOLLY is required to appear at the aforesaid time at the above address and submit to such examination before said Notary Public. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP AttorfJYlor; ~.lainti..ff .....V ~ ,- I, By l..fi /J[,,~' '.iii, Karl J. (lanuzzi, Esq. Attorney I. D. No, 65575 Date: July 17, 1998 SIHltu:~m;R(i1'lt &. JASlTll1. 1.1.1' 1~:,11l~(ill'.;h )\\'S It( \.\\1 . I'l \ 111.1\ t'l.'q'i . 1l:\IUiI"lll 'HI i, \'..\ I;h~' ,I,.., t71i"I:H I;,\, . L\\ljljl.'Q".'I.' BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 97-262 HILLS DEPARTMENT STORE COMPANY Defendant CIVIL ACTION LAW JURY TRIAL DEMfu~DED Certificate of Service AND NOW this 17th day of July, 199B, I hereby certify that I have served the following NOTICE TO TAKE ORAL DEPOSITION on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: David M. Green, Esq, 100 pine Street - Fourth Floor Harrisburg, Pa. 1710B Respectfully submitted, SHOL~~B,RGEf &r ANUZZI, LLP By:-I.fiJl .!-,."tln. Karl J. nuzzi, Esq. Attorney I,D, #65575 Dated: July 17, 199B SIIOl.tESnl:R(;flt &. JASUlll. lll) p_:,' IISl ;\J:--:T, l\l,'S Ih )..\1' . 1'\ \ I" '\ t,';"~ . 1l:\HHI:->lIt 'ItI i, 1':\ 171,~' ,VIH {ilil!H\j',\' . 1:\\17171:H ":1: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.Z2 IN THE MATTER OF: COURT OF COMMON PLEAS BUNNIE YUDACUFSKI TERM, 0000 -VS- CASE NO: 97-262 HILLS DEPARTMENT STORE COMPANY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID GREEN, 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 I (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: 12/09/98 &~."y jk.~ DAVID GREEN, ESQUIRE Attorney for DEFENDANT DEll-07514936697_L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BUNNIE YUDACUFSKI TERM, 0000 -VS- CASE NO. 97-262 HILLS DEPARTMENT STORE COMPANY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS BLUE CROSS BLUE SHIELD DEPT OF WELFARE RICHARD H. HALLOCK, M.D. INSURANCE INSURANCE OTHER MEDICAL TO: STEPHEN E. GEDULDIG, ESQUIRE KARL J. JANU2ZI. ESQ. MCS on behalf of DAVID GREEN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (ZO) 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: 11/19/98 MCS on behalf of DAVID GREEN. ESQUIRE Attorney for DEFENDANT CC. DAVID GREEN, ESQUIRE - 08047-00106 Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET '800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-078732 366 9 7 - C02 CY.R T II' I CAn: I'RY.R.:QIIISIn: TO SY.RYICY. 01' A SUBPOENA BUNNIE YUDACUFSKI TERM, 0000 l'IIRtil/ANT TO RUI.Y. 4009.22 IN TilE MATTER OF. COURT OF COMMON PLEAS .vs~ CASE NO: 97-262 IIILLS DEPARTMENT STaR.: COMPANY As a prere'luhltl' to ",'rvle.. 01 n "ohpoena for documents and things pursuant to Rule 1.009.22 MCS on 1,,'ha1t 01 .........DAVID GREEN, ESQUIRE delendant cortifies that (1) A not trl' 01 Inl"lll 10 ,a.rv,' Ih.. subpoena with a copy of the subpoena nttadwd tlWIl1tU WB!i rnnilpll or dHlivered to each party at least tWI'lIly ,lay. pllol III till' IInll' Iln which the subpoena is sought to be !it'rvptl, (2) A ropy 01 IIII' 110111'1' 01 Intl'nt. lnclulling the proposed subpoena, is RUIIChfld tll IIII' rl!1 tit teatl', (3) No Ohj'H:t iun tll t})II !iUhpOlmll has lwen received, and (It) Th.. Ilohpo"nn whlrh will I", ...rvell is identical to the subpoena which t. allaelll'd to till' lIotice 01 Intent to serve the subpoena. lJA n: , ._12L<.J9J9_Bu DAVID GREEN. ESQUIRE Attorney for DEFENDANT DE11-075150 366 9 7 - L 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF, COURT OF COMMON PLEAS BUNNIE YUDACUFSKI TERM, 0000 -VS- CASE NO: 97-262 HILLS DEPARTMENT STORE COMPANY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS BLUE CROSS BLUE SHIELD DEPT OF WELFARE RICHARD H. HALLOCK, M,D, INSURANCE INSURANCE OTHER MEDICAL TO: KARL J. JANUZZI. ESQ, STEPHEN E. GEDULDIG, ESQUIRE MCS on behalf of DAVID GREEN, 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, 11/19/98 MCS on behalf of DAVID GREEN, ESQUIRE Attorney for DEFENDANT CC, DAVID GREEN, ESQUIRE - 08047-00106 Any questions regarding this matter. contact THE MCS GROUP. INC. 1601 MARKET STREET #800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-078731 366 9 7 - C 0 J.. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BLUE SHIELD 1800 CENTER STREET P.O. BOX 890062 CAMP HILL, PA 17089 RE: 36697 BUNNIE YUDACUFSKI Any and all claims files. Dates Requested: up to and Including the present. Subject: BUNNIE YUDACUFSKl 30 S, 17TH STREET, CAMP HILL, PA 17011 Social Security II: 213-32-5749 Date of Birth: 05-04-34 Date of Loss: 02-16-95 SUIO-166078 36697-L10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OF: COURT OF COMMON PLEAS BUNNIE YUDACUFSKI TERM, 0000 -VS- CASE NO: 97-262 HILLS DEPARTMENT STORE COMPANY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID GREEN, 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 f (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: 12/09/98 DAVID GREEN, ESQUIRE Attorney for DEFENDANT DEll-075151 36697 - L 11 t " <XHOlWEl\LTlI OF Pl:llNSYLVlINIA axJNl"i OF aH3E1lLl\m t I BUNNIE YUDACUFSKI File No. II 97-262 VS. HILLS DEPARTMENT STORE COMPANY Sl.eI'CENA TO PROCU:E DCX:1JoENTS OR THINGS FOR D I SO)VERY PUlSUANT TO RU.E 4009. 22 TO: CUSTODIAN OF RECORDS FOR: DEPARTMENT OF PUBLIC WELFARE (NIITle of Person or Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to prodJce the fOllowing doc:unents or things: SEE ATTACHED lit THE MCS r.ROlJP TNC lhOl MARKET STREET StlTTE/! ROO PHTT AOEIPHTA PA lQl01 (Address) ! I , I 'I r '(ou may deliver or mail legible copies of the doc:unents or produce things requested by this subpoena, together with the certificate of carp liance , to the party making this req\Jest at the addrf'.ss listed above. You have the right to seek in advlll'lCa the reasonable cost of preparing the copies or prodJcing the things sought. I f you fail to produce the docunents or things required by this subpoen~ within twenty (20) days after its service, the party serving this slbpoena ny seek a court order carpel1 ing you to carply with it. Tl-tIS Sl.ePOENA WAS 1SSl.e) AT llE REQ..eST a: TIE FOLLCWING PERSON: NAME: DAVID M. GREEN, ESQUIRE ADDRESS: 100 PINE STREET 4TH FLOOR HARISBURG,PA. 17108-0803 TELEPHONE: (215) 246-'0900 SU'REl'E CXlLRT I D 1$ ATTORNEY FOR: DEFENDANT' DATE: ,.II bl) IJ, /9Cj? Sea I of the Oxrt BV 1lE CQJlT, ~ k/ (/':dt~ //2- . .&- I ( Prothonotary/Cl.lll k, I Division '-...... ar_d' P 0?;f-Y?2a, r Deputy (Eff. 1/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DEPT OF WELFARE PO BOX 2675 HARRISBURG,PA 17105 RE: 366lJ7 BUNNIE YUDACUFSKI COPY ANY AND ALL RECORDS. Subject: BUNNIE YUDACUFSKl 30 S, 17TH STREET, CAMP HILL, PA 17011 Social Security #: 213.32-5749 Date of Birth: 05-04.34 SU10-1660BO 36697-Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BUNNIE YUDACUFSKI TERM, 0000 -VS- CASE NO: 97-262 HILLS DEPARTMENT STORE COMPANY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID GREEN, 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: 12/09/98 DAVID GREEN, ESQUIRE Attorney for DEFENDANT DEll-075152 36697-Ll2 " f , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF, COURT OF COMMON PLEAS BUNNIE YUDACUFSKI TERM, 0000 -VS- CASE NO: 97-262 HILLS DEPARTMENT STORE COMPANY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS BLUE CROSS BLUE SHIELD DEPT OF WELFARE RICHARD H. HALLOCK, M.D. INSURANCE INSURANCE OTHER MEDICAL TO, KARL J. JANUZZI, ESQ. STEPHEN E. GEDULDIG, ESQUIRE MCS on behalf of DAVID GREEN, 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 conta:ting OUr local MCS office. DATE: 11/19/98 MCS on behalf of DAVID GREEN, ESQUIRE Attorney for DEFENDANT CC, DAVID GREEN, ESQUIRE - 08047-00106 Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-078731 36697-COl () If) n E :J) -, I "'01:.' '-, I 'I '.~ (n' " ,-) , I 'j ~ ~;:'I ~ ~-1 (fl' , ..... ......."J .{ tOO) r...l ?:': . -4 ;':"', ' , : ..l) (-"(0, ,:,..fil .P, ,.J ., .:." "" =< - ~ ..... BUNNIE YUDACUFSKI l'lainliff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, I'ENNSYLANIA v, HILLS DEI'ARTMENT STORES Defendanl No. 97- .J.l,~ CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE Please withdraw my appearuncc on behalf of the Plaintiff' n the above captioned matter. j, Esquire Dated: 'I J/Lrli9 I I C) \.r': C, "r;; -J\ c" t:;" , , - .) '.' '-' I ,- ; , .' .." " r:" ,-) - , (See Paragraph 9 of Plaintiff's Complaint, including Sub- Paragraphs (a), (c), (d), (f) and (g), which is attached hereto as Exhibit "A".) 8. In her Complaint, Plaintiff also alleges, in Paragraph 10: The Defendant's, HILLS, failure to maintain the aisle when they had knowledge that it was in a slippery condition, constitutes willful, wanton and malicious indifference to the rights and safety or the Plaintiff, justifying the imposition of punitive damages. (See Paragraph 10 of Plaintiff's Complaint, which is attached hereto as Exhibit "A"). 9. In Paragraphs 11 and 12, Plaintiff makes reference to the "wrongful and liability producing conduct of the Defendant", which is set forth in Paragraphs 11, 12, 13, 14, and 15 of Plaintiff's Complaint, 10. Moreover, in Paragraph 15, Plaintiff alleges: As a further result of the wrongful liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has suffered other expenses and losses for which damages are claimed. (See Paragraph 15 of Plaintiff's Complaint, which is attached hereto as Exhibit "A"). 11. Defendant objects to Paragraph 7, as it contains numerous material allegations not in compliance with Pa.R.C.P. 1022. 12. Defendant objects to Paragraph 9, in particular Sub- -3- Paragraphs (a), (c), (d), (f), and (g), and Paragraph 15, for their failure to comply with Pa.R.C,P. 1019 and 1028(a) (3), which require pleading with factual particularity and specificity. 13. These aforesaid Paragraphs and Sub-Paragraphs, 9 (a), (c), (d), (f) and 15 are objectionable and must be stricken pursuant to Connor v, Alleqhenv General Hospital, 501 Pa. Super. 306, 461 A.2d 600 (1983), and its progeny, 14. Moreover, Defendant alleges that the alleged damages in Paragraph 15 are speculative, and therefore not recoverable in Pennsylvania. 15. In Paragraph 10, as well as the allegations in Paragraphs 11, 12, 13, 14, and 15, as set forth above, Plaintiff is requesting punitive damages in this matter. 16. Plaintiff does not set forth allegations which would justify the imposition of punitive damages in this case, so that Paragraph 10 of Plaintiff's Complaint, as well as the allegations that are set forth in Paragraphs 11, 12, 13, 14, and 15, with regard to "the wrongful liability producing conduct of the Defendant", must be stricken. WHEREFORE, Defendant, Hills Department Store Company, hereby requests, for the reasons set forth above, that this Honorable Court strike those Paragraphs and Sub-Paragraphs 7; 9 (a), (c), (d), (f) and (g); 10; 11; 12; 13; 14 and 15 and those objectionable phrases contained in the aforementioned Paragraphs -4 - of Plaintiff's Complaint, with prejudice. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: Lynn I.D. /I 66887 100 Pine Street - Fourth Floor Harrisburg, PA 17108 (717) 232-4641 DATE: February 26, 1997 Attorneys for Defendant, Hills Department Store Company -5- BUNNIE YUDACUFSKI Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. NO. HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. t , Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previa aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. , I I I "1 LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 2 lAW omcES OF TllotOnlY A, SIIOLLENBERGER 1810 IINGlE.<;TtWlN ROAD . PO BOX 6OH~ . HARRISnURG. PA 1110tl OH\ 17171 114.1100 . FAX 171712H 8111 BUNNIE YUDACUFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, BUNNIE YUDACUFSKI, by and through her attorneys, the LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and does respectfully represent the following: 1. The Plaintiff, BUNNIE YUDACUFBKI, is an adult individual who currently resides at 30 S. 17th Street, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 2. The Defendant, HILLS DEPARTMENT STORES (hereinafter "HILLS") is a corporation incorporated in the State of Delaware and has a registered mailing address in Pennsylvania of C.T, Corporation Systems, 1635 Market Street, Philadelphia, Pennsylvania 19103. 3, The facts and circumstances hereinafter set forth took place on February 16, 1995, at or about 3:46 p.m. in the Hills Department Store, Store Number 0035, located at 3431 Simpson Ferry Road, Camp Hill, cumberland County, Pennsylvania. 4. At all times relevant hereto, Defendant, HILLS, was the owner and operator of the aforememtioned HILLS DEPARTMENT STORE, 5. At all times relevant hereto, Plaintiff, BUNNIE YUDACUFSKI, was a business invitee of HILLS. 6. At the aforesaid time and place, the Plaintiff, BUNNIE YUDACUFSKI, was walking in an aisle of the shopping area of the aforementioned HILLS when she slipped and fell as a result of wax on the floor. 3 lAW OFFlCE.S Of Tlt.tomv ^, SHOLLENBERGER 11\10 IIN(iI.Lo.;TO\"'N ROAD . PO 6()X 6O~H . tlARRISIIUR(;, PA 17106 054\ 0111 2141700 . FAX 11I71114~111 t ~. 7. At the aforesaid time and place, the floor in this particular area of HILLS was extremely slippery as a result of an application of wax, There was no indication that the floor was wet or slippery, nor was there a sign placed upon the floor warning the business invitees such as Plaintiff, BUNNIE YUDACUFSKI, of the slippery, hazardous conditions. B. As a result of the aforementioned fall, the Plaintiff, BUNNIE YUDACUFSKI, sustained serious and permanent injuries including, but not limited to the following: (a) Chronic subacromial bursitis of the right shoulder; (b) Traumatic chondromalacia patella of both knees; (c) Aggravation of degenerative changes at or about the knees; (d) Strain/sprain of the muscles, cartilage and ligaments of the left knee; (e) Strain/sprain of the muscles, cartilage and ligaments of the right knee; (f) Closed head injury; (g) Torn lateral meniscus of the left knee; (h) Severe sprain and strain of the muscles, tendons, ligaments and other soft tissues at or about the right elbow; (i) Severe strain on the nerves and nervous system; and (j) Extreme mental and physical anguish. 9. The aforesaid fall and resulting injury to the Plaintiff, BUNNIE YUDACUFSKI, was caused as a direct and proximate result of the negligence, carelessness and recklessness of the Defendant, HILLS, which consisted of the following: (a) Allowing the existence of a dangerous condition on Defendant's premises; 4 lAW OFFICES OF T1Momv ^, SIIOLLENDERGER 11110 UNCil[STCJ\J,lN ROAD . PO oox 60S4~ . UARRISBUfl,G, PA 17106-0S4~ 11111lH-1700 . FAX (11712)4.11112 (b) Failing to adequately and properly muintain the floor of the HILLS in a safe condition; Ic) Failing to make the premises of the HILLS safe for use of Defendant's invitees; Id) Failing to properly inspect the premises of Defendant's premises; (e) Failing to provide adequate notice of the dangerous and slippery condition of the aisle; (f) Failing to exercise reasonable care to maintain said premises; and (g) Failing to take any measures whatsoever to remedy the dangerous condition which existed on Defendant's premises. 10. The Defendant's, HILLS, failure to maintain the aisle when they had knowledge that it was in a slippery condition, constitutes willful, wanton and malicious indifference to the rights and safety of the Plaintiff, justifying the imposition of punitive damages. 11. The aforesaid incident was caused as a direct and proximate result of the wrongful and liability producing conduct of the Defendant, HILLS, as herein set forth and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, BUNNIE YUDACUFSKI, 12. As a result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has been obliged to expend various and diverse and sums of money for medicine and medical care and treatment in and about an effort to cure herself of the ills and injuries she has suffered and will be obliged to do so in the future to her great detriment and loss. 13. As a further result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has undergone great physical pain and mental anguish, as well as embarrassment and humiliation and will continue to endure the same for an indefinite time into the 5 lAW OFHCE..'i OF- TIMOntY A.. SHOLLENBERGER 1'1:0 L1NllIF-.STC:N,/N ROAD. PO !\OX 6OH\ . llARRISnURG, PA liI060\4\ 01111h JiOO . FAX 11171214 All1 future to her great detriment and loss, for which damages are claimed. 14. As a further result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has been extremely inconvenienced and unable to attend her life's daily activities, as well as having been deprived of life's pleasures and will continue to suffer same for an indefinite period of time into the future to her great detriment and loss. 15. As a further result of the wrongful and liability producing conduct of the Defendant herein, Plaintiff, BUNNIE YUDACUFSKI, has suffered other expenses and losses for which damages are claimed. 16, As a further result of the aforesaid injuries, Plaintiff, BUNNIE YUDACUFSKI, has suffered and may continue to suffer a loss of earnings and earning capacity for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, BUNNIE YUDACUFSKI, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. WHEREFORE, Plaintiff, BUNNIE YUDACUFSKI, demands judgment against the Defendant, HILLS DEPARTMENT STORES for compensatory damages in excess of the amount requiring compulsory arbitration. Respectfully submitted, LAW OFFICES OF TIMOTHY .7 A. SHOLLENBERGER By: i .I ,,. /, / .., "V "'/t~ I Karl J, Janu ti Attorney I,D, No. 65575 Dated: January 16, 1997 TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the seal 01 said Court a1 Carlisle, Pa. Thi Yt. day of . 19 9 '/ 6 r. Prothonota LAW OffiCES OF TltoiDTIlY A, SIIOLLEN8ERGER IHW !Itilill.sTO\t'N ROAD. PO nox 6O\.H . HARRlsnURCi. rA 11I0flOH\ (111) 2Hl7M . fAX (111) 114 A1I2 , I APFrDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS I, BUNNIE YUDACUFSKI , being duly sworn according to law deposes and says that I AM ~ the PLAINTIFF in the foregoing action; that the facts and allegations contained herein are based upon facts given by the PLAINTIFF to MY counsel and are true and correct to the best of MY knowledge, information and belief; that the language of said COMPLAINT is that of has relied counsel and that PLAINTIFF COMPLAINT PLAINTIFF'S upon counsel in making this based upon information. Sworn to ~~ ~ .'-"~./"'~"''' and subscribed bef e me, ~ Public, this /~, day of , 19!1l. ~n(7U NOW'''" StAl MAAJUHlt M'\', ."~ ~"lafv Publit SUSQllHtt1'~:r ' N'.. UdU~hllo I..OUI~ . ~... , M)' r;nr""l1S~I"ll ~ )~~,; ,,;. _ . l tAW OHICb Of TIMOTHY A. SIfOll.rNIIEItGUt IHID lIfH~I,1 s'o"'Vt~ !tOAD . "0 (l,OX MH~ . II."RHI<;II\JRU. p" 171()(J OH~ (117) lH HI)) . ~^X (111) 114 R1Il PRAECIPE FOR LISTING CASE FOR ARGUMENT (MImt be typewritten am tiulmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next i\rgunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) BUNNIE YUDACUFSKI : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA vs. (Plaintiff) NO. 97-262-CIVIL TERM HILLS DEPARTMENT STORE COMPANY, ( Defendant) JURY TRIAL DEMANDED 1\0. 97 Civil 262 1997 1. State matter to be argued (Le.. plaintiff's IIDtion for new ::rial, defendant's daTlJrTer to canplaint. etc.): Defendant's Motion for Sanctions Against Plaintiff pursuant to Pa. R. Civ.p. 4019(a)(1)(viii)(c)(2),(3),(S). 2. Identify COWlSel who will argue case: (a) for Plaintiff: Jlddress: Jerry A. Philpott, Esquire 227 North High Street, Duncannon, PA 17020 (b) for defendant: Address : David M. Green, Esquire 100 Pine St., 4th Fl. Harrisburg, PA 17108 3. I will notify all parties in writing within n.o days that this case has been listed for argtJrent. 4. Argunent Court Date: March 1, 2000 .J. Oler hc~ +ttc ~luu-Q ?~ ~n -f~. tated: C' c:- ) l-: (.:J -oj , '.- nIt ,- ?~ - .- '" ", c:..:': . ~\. P';l " ~~: ; " '. ) ~"S-, .. :::':~ -:'.) --. '~ ... f . Com..... I..m. Ilwo,llDl ~,I., ..."lon....""""." ,." 'I '! I! f . Comp6et, h.m. 3, 'nd .., , b. I , . Print 'fOUl name and add,... on IN f'"",.. or tN, lorm 10 .....1 W, OM IIturn IhI, ce,d 10 'fou. . A<<'ch thl, form 10 lhe ',onl 01 'he mil",., Of on the bKk" .pace do.. not ptmlll. ~ . Writ. "Allum R.Cllpl R~".d" on the mailpltce belo", Iht anlele number . The R.turn Rtc.lpl 'llWiII.how 10 VIIt\om lhe Ink.. WI' deltv,rld Md the dall I S d'llv,r'd 11 3, Article Addre..ed 10: i ---- e Spectra Wax 8 70 Hichborn Street ffi Brighton, MA 02135 a:: Q Q or:( Iz I a: 6. 40, t . o Addra....', Add,... i 2, 0 Rntllctod Dolivery Can.ult Ollmuter tor fll. 4b, oIVlce Tvpe Reglotored Certified Exp".. 7. Date ...01'0:'--...,714 DOMESTIC RETURN RECEIPT ;,',', , . .. BUNNIE YUDACUFSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 97-262 CIVIL TERM HILLS DEPARTMENT STORE COMPANY, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Lynn F. Reutelhuber of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 21st day of April, 1997, a copy of the attached document, Affidavit of Service, was served via First Class United States mail, postage prepaid as follows: Karl J. Januzzi, Esquire LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 Linglestown Road, P.O. Box 60545 Harrisburg, PA 17106-0545 Spectra Wax 70 Hichborn Street Brighton, MA 02135 t ~ 'J : - ~,_l , . --'I , , I I ':r , , I '. , , " -_I I -. . BUNNI. YUDACUFSXI, Plaintiff Defendant I IN THB COURT OF COMKON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO.1 97-262 CIVIL TERM I I I JURY TRIAL DEKANDED I v. HILLS DBPARTXBNT STORB COXPAHY, WARNER, ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of DEFENDANT, HILLS DEPARTMENT STORE COMPANY, incorrectly identified in the Caption as Hills Department Stores, in the above-captioned matter. BY: Ly F. Re telhuber, Esquire Attorney I.D. 166887 100 Pine street, 4th Floor Harrisburg, PA 17108 Attorney for Defendant, Hills Departmerlt Store Company Defendant & III THB COURT OJ' COMMON PLBAB & CUXBERLAND COUNTY, PBHHSYLVAHIA & & 110.& 97-262 CIVIL TBRN & & & JURY TRIAL DEMANDBD & BUHHII YUDACUJ'SKI, Plaintiff v. BILLS DBPARTNBHT STORI COJUlAHY , CBRTIFICATION OJ' SBRVICB I hereby certify that I have served upon all persons listed below a true and correct copy of ENTRY OF APPEARANCE in the above- captioned matter this date by regular mail. Karl J. Januzzi, Esquire LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 Linglestown Road, P.O. Box 60545 Harrisburg, PA 17106-0545 Lawrence E. Welker, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN ll/~ BY: DATED: February ~, 1997 Ly n F. Reu elhuber Attorney I.D. #66887 100 pine street, 4th Floor Harrisburg, PA 17108 Attorney for Defendant, Hills Department Store Company (") .0 0 f '" ." " , [C~ . '"' . .~, ''-) ',. , i....) ..." ~~ \J ),~) ,..... oj ;:~ , , ' ;() :1: S.,' ;;lj , " ::J 'J ll:) <;; ~ , ," P- o () 0 ":, ~~ t- .! :;- '~ ~.' '~ .- -5: '. o<! <\.:~J () > '.:/} ~8 ::1: -t) :;; - :').11 .. ~.} ~ :.J :n ex> -< N:i1tUIIEM. I'fNN~YlVANIA (610)ItJHHO FAX: (610) 1I01.4tNl rXJYLf..""TOWN, rENNSYlVANIA t2l5) 148.1611 FAX: (215) H8-5419 ERIE. PfNN~'"Yl.VANIA (814) 454.4}6() FAX, (814) 459.4140 LANCASTER. PENNSYlVANIA (717) 199.1845 FAX: (111) lW.11I51 NEWIUWN SQUARE. PENNSnVANlA (610) U5.WO FAX,(610) 125.2218 NORRblO\VN, PENNSYlVANIA 1610)2'1,_ FAX: (610) 292-OtlO rIIILAOElPJiIA, PENNSYLVANIA (215) 515.2600 FAX: (215) 575-08S6 ~ .... LAW ()ITlCL~ MAR~IIALI, DI'NNFlII'Y, W/\RNI'R, COl.EMAN &3 GC)(;C;IN ^ f'ROFf-,..~lt)N^L (l.)RI'ORATlt)N 100 rlNE !oITRU:'-. 4TIt RCl. lR ro ~)X 1tl)1 ItARRISf\lJIUl, rUmSYlVANI^ 1710t1.l)IOl (717) 21l-IOll CAN.f AIlORE.';"'; - MAR5ltAl.l FAX,I1I7)H2-1849 W,h SIll: __ mJ..... wen Direct Dial 717-232-9325 BY FACSIMILE AND MAIL Novembcr 8, 1999 Jerry A. Philpott, Esquire 227 North High Strcet P.O. Box 116 Duncannon, P A 17020-0116 RE: Yudacufski v, Hills Department Store Company CCP (Cumbcrland County) No. 97-262 Our File No, 08047-00106 Dear Mr. Philpott: , , ... '\"'.' n "C,nro" , _,__J1 lJ \VJ It .~ q mg'l 1'lmAlJRllH, 1'f..NN!oI (41l)flOJ.ll40 t"fL...~ ~~N, rENNSnVANI AX: (7l7lJ41.4m WIWAMSPORT, rENNSYl.VANIA (117) )16-90'111 FAX,0111126.I\07 t.1IERRY lUlL. NEW JERSEY 16O'I14146roJ FAX (""'14146071 UVINOSTON, NEW JERSEY (971)597.5552 FAX, (ill) li/.lIlS WILMINOTIlN, OE1.AWARE (1021611,1900 FAX, (JOl) 651,1901 WElRTON, WEST V1ROINIA (104) 143.1400 FAX. (1041143.0610 Please be advised that your client's independent medical examination has been re- scheduled for November 19, 1999 at 10: 15 a,m. at the office of Thomas H. Malin, M.D., 99 November Drive, Camp Hill, PA. Dr, Malin's tclephone number is 761-8644. Please convey this notice to your client and remind her that her attendance is mandatory. If she finds that an emergency or unforeseen circumstance prevents her from attcnding, she should notify the doctor's office immediately, Thank you for your kind courtesy and anticipated cooperation. DMG:cfw IOl.A \I.IAIJ\IJMG\CORRI386IlICI'I'1081J.l7'1lO lor, " \ PLAINTIFF'S E);CHIBIT c:J. s-z~ -00 -S.llS (~Iust b~ tYl'elHllten Jnd \ublllitted III dllplicJte) TO TIlE PROTIIOr-;OT,\RY,OF Cl'~lllERL.\;>;D COl'~n' Please lis I the follOWing '"s, (Check one) x ) for JCRY Iml al Ihe next ter~l of ::vu :ourt. ( for mal without a Jury, ---------------------------------------------------------------------- CAPTION OF CASE (entire cap lion must be stated in full) (check one) ( Assumpsir BUNNIE YUDACUFSKI, ( X) Trespass ( Trespass (Motor Vehicle) ( . (other) (Plal\1tifi) vs, Call of Civil Trial List- 8/15/00 Trial Commences- 9/11/00 HILLS DEPARTMENT STORE COMPANY, (Defendanll Pretrials will be held on 8/23/00 (Briefs are due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) 'IS. :-; 97-262 ,0, Civu 19_ Indicate ,he allorncy who wliI try ,"se for the pall}' who tiles thIS praecipe: David M. Green. ESQuire Indi.:ate trial counsel for other parl,es if known: for pI" i nt iff - ,l"rry II. Ph il pntt, Esq. This ~::,je is reldy fer trill. Sigr.ed: David M. Green, Esquire Dale:~ Attorn.:y :\>r: Defendant t I~ \ ~ , " CERTIFICATE OF SERVICE I, Carol F. Wcslcy, an cmploycc of Marshall, Dcnnchcy, Warner, Colcman & Goggin, do hcrcby ccrtify that on this I V clay of :}~ 1.-.1 . 2000, scrvcd a copy of thc forcgoing Praccipc for Listing Casc for Trial via First Class Unitcd Statcs mail, postagc prcpaid as follows: Jcrry A. Philpott, Esquirc 227 North High Strcct P,O. Box 116 Duncannon, P A 17020-0116 , I , ., , @ ~/--j. ~ CAROL F. WESLEY : I'. t ," '~ , I t. , Mark C. Duflic, Esq. 30 I Markct Strcct Lcmoync, PA 17043 (Courtcsy Copy) :rc ! r BUNNIE YUDACUFSKI Plaintiff IN THE COURT OF COMMON I'LEAS CUMBERLAND COUNTY, PENNSYLANIA '" v, No. 97-262 HILLS DEPARTMENT STORES Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED ORDER At the instance of plain tilT, Bunnie Yudacufski, Jcrry A, Philpott, Esquire, is hereby granted leave to withdraw as counsel to plaintilTin this matter, Ms, Yudacufski will henceforth proceed pro se unless she obtains other counsel. BY THE COURT: 1. Wesley Oler, Jr., Judge BUNNIE YUDACUFSKI Plaintiff IN THE COURT OF COMMON I'LEAS CUMBERLAND COUNTY, PENNSYLANIA t v, No, 97-262 HILLS I>EPARTMENT STORES I>cfendant CIVIL ACTION LAW JURY TRIAL DEMANDED MOTION FOR LEAVE TO WITHI>RA W AS COUNSEL To the Honorable J. Wesley Oler, Judge: My client, Bunnie Yudacufski, having instructed me to discontinue representing her, as stated in the attached Exhibit A, I hereby request leave to withdraw. [ informed her by Exhibit B that [ was no longer representing her pursuant to her demand, Defendant's counsel having listed the matter for trial and Ms. Yudacufski having not yet obtained any other counsel, although [ know she has spoken to at least one attorney, [ ask that the court allow her to act pro se. [have kept her informed of all communications from opposing counsel. I pott, squ u erne Court ID #47624 7 No. High Street, PO B Duncannon, PA 17020 Dated: August 11,2000 ::1iJnnie Y uaa:u~sl~1 r r-" .:--;;::- ,~ ' ~ (':' s r '; I;' ,:,' ~ ' .-,:.:~..-:.:..;- I:. ~~'.~ ',I '---. -. ;, '" , t POBox914 Camp Hili PA '171)11-0~r,.; HnmA PhnnA 7::l1-~7n1 " '" ~I Vi.,'i\ 2 f ""',' ~",,,,- " , -~--- --'_O_._~ -.---__J ""'" '(, '01111 ,I..rr\l A Philnntt F~nllir" ~ 0 ... .'. I' - --, -. 'I.' , ~27 N High S:., P8 f.CA 116 Duncannon PA 17020,0116 [)l::~r h'rn I necd immcdlatc \'cnlicatiun Ihat thc ,anctlun,' ordcr ha, hccn rc,ul\'cd and cll!ot,'linc, are i~~UG Plcu~'c r~':;r~li1G t~:. .IUilC' ~1.1. :..:'n:.: .:';- : ',',"ill ~iS~i..imc.J1.l:':).~lli\'_c_b~'~n_pilld Since my Iclter daled ~la) ~9. ~0(J() iUld still no respOlb" to my request;, of copi"s \)1' .I.....:I~..1 I....A.._ I _.._ __I,. ...1... .IoA ..__.._~_.:__ .1..... .1...._.. 1.......... .1_ __. ....:_. __.1;__ .._..__ Ul..tOIl...UIL.IIL.I.'\, 1...."11111111.\ lilt,\. HI... fl.:'I.,\UIIIIUHllllllOt IIIL:'IL. I,-Ill-I.'\ \1\/11\11 ....":\1 OIlU'III .\IIU IH' longcr wish to represent me, Therefore. consider this otlicial notilication thai your services arc no longer n:quirl'j anti you may rcqui.::;: ~i prai..'cipc to withdraw your pusition as my altomcy. .\ II...... r.1...~ ...:IIl... r.......__-'....:I..._.. :1.11 111.\ il1,"-:\ \'\11111,"- 1\11 nUlu...u \\11111... ~~-r~/;:~ ~". C) c') , - ) r l..~) " .,. r, , :;J : .J " , , " , : r " .. , ) , : , ; " (' .. , . .) -] -.. ,..) ", n ,~ L l;'l :n "0'- ., L)'_. J < ' . "-~ c .. , , :~ r .. :, , , .. :.J :1". ~, , (~) .