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HomeMy WebLinkAbout03-0405 HARRY H. FOX, SR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; NO. 03- ~o~ ~ NDC REALTY INVESTMENTS, INC., tJd/b/a PINE RIDGE ASSOCIATES, Defendant : 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 claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HARRY H. FOX, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v. : NO. NDC REALTY INVESTMENTS, INC., tld/b/a PINE RIDGE ASSOCIATES, Defendant : JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones alas demand as en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HARRY H. FOX, SR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; NO. ~3- 'Io5~ (W/u-- NDC REALTY INVESTMENTS, INC., tld/b/a PINE RIDGE ASSOCIATES, Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Harry H. Fox, Sr., by and through his attorneys, HANDLER, HENNING & ROSENBERG, by Stephen H. Held, Esquire, and brings forth this Complaint againstthe Defendant, NDC Realty Investments, Inc. t/d/b/a Pine Ridge Associates, and avers as follows: 1. Plaintiff, Harry H. Fox, Sr., is an adult individual currently residing at 153 Whiskey Springs Road, Dillsburg, York County, Pennsylvania, 17019. 2. Defendant, NDC Realty Investments, Inc. t/d/b/a Pine Ridge Associates, is a corporation with offices located at 4415 Fifth Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15213. 3. At all times material hereto, NDC Realty Investments, Inc. t/d/b/a Pine Ridge Associates, was in ownership, possession, management and control of the premises located at and known as 601 Pine Road, Mount Holly Springs, Cumberland County, PA 17065. (Hereinafter Premises). 1 4. At all times material hereto, Plaintiff, Harry H. Fox, Sr., was lawfully upon said Premises. 5. At all times material hereto, Defendant, who had exclusive control of said Premises, had allowed snow and ice to accumulate and remain on the sidewalk of the apartment complex. 6. At all times material hereto, there were no warning signs posted on the Premises warning of the snow and ice that remained on the sidewalk. 7. On or about February 7,2001, at about 10:00 am, Plaintiff, Harry H. Fox, Sr., was walking on the sidewalk in a common area on the Premises. While walking along the sidewalk, Plaintiff was caused to slip and fall harshly upon the ground due to an accumulation of snow and/or ice that was allowed to remain on the sidewalk, causing personal injuries to the Plaintiff, as more particularly set forth herein. 8. At all times material to hereto, Plaintiff, Harry H. Fox, Sr. believes, and therefore avers, that Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, was in ownership, possession, management and control of the Premises and was responsible for maintaining the safe condition of the property known as 601 Pine Road, Mount Holly Springs, Cumberland County, PA 17065. 9. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Harry H. Fox, Sr., were caused directly and proximately by the negligence of Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, and/or by its 2 agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (a) In causing or permitting the parking lot at the Premises to become covered with snow and/or ice thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the snow and/or ice, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; (c) In failing to ensure the sidewalk at said Premises was maintained in a safe condition to prevent injury to the Plaintiff and other persons lawfully upon the Premises; (d) In failing to post a warning sign or device in the area to notify of the dangerous icy or slippery condition on the sidewalk of said Premises; (e) In failing to remove the snow and/or ice from the sidewalk of said Premises so as to avoid the situation in which the Plaintiff slipped and fell; (f) In failing to follow local snow removal ordinance; (g) In failing to place salt, cinders or any other non-skid material upon the snow and ice covered sidewalk; and 3 (h) In failing to maintain the sidewalk in a reasonably safe condition that would prevent an invitee from slipping and falling. 10. Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, had actual knowledge or should have known through the exercise of ordinary care and diligence that there was snow and ice accumulated on the sidewalk in the area where Plaintiff, Harry H. Fox, Sr., fell. 11. As a direct and proximate result of the negligence of Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, Plaintiff, Harry H. Fox, Sr., sustained serious injuries including, but not limited to, right shoulder, right elbow, neck and right arm. 12. As a direct and proximate result of the negligence of Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, Plaintiff, Harry H. Fox, Sr., has undergone great physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his great detriment and loss, physically, emotionally and financially. 13. As a direct and proximate result of the negligence of Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, Plaintiff, Harry H. Fox, Sr., has been, and will in the future be, hindered from attending to his daily duties and activities to his great detriment, loss, humiliation and embarrassment. 14. As a direct and proximate result of the negligence of Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, Plaintiff, Harry H. Fox, Sr., has and will in the future, suffer a loss of life's pleasures. 4 15. As a direct and proximate result of the negligence of Defendant, NDC Realty Investments, Inc., tJd/b/a Pine Ridge Associates, Plaintiff, Harry H. Fox, Sr., has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 16. Plaintiff, Harry H. Fox, Sr., believes, and therefore avers, that his injuries are permanent in nature. WHEREFORE, Plaintiff, Harry H. Fox, Sr., seeks damages from Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDLER, HENNING & ROSENBERG By: ~!!i!.~ 1.0. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Dated: \ t d-y/O} Attorneys for Plaintiff 5 . . VERIFICA rlON The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the pieparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~~ if1'-'~ Date: _' [.- dl.{:.QJ... .i ~'\..\ ~. .."-...... )"i'\... - --. C' tJ-> -+:- ~ () -- C) 0J l..JI --S:) G. I c.J': I <.../' ~J <p..V ~. ('""t,. r-" "--f' t C}J '--.1\C ... , .~..f'.. C" c-'l~,. IT'I ::: ~i -~~.. , ~. (;) -< ." <\. ;t; ,~~-. 5:~ ~~,::,~. :r:~ :< () f~ ..~: (; (..f\, c:. (.,.,; '1~1 .,.. t'.) -.1 . , -".' :...> ~ CASE NO: 2003-00405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERIFF'S RETURN - OUT OF COUNTY FOX HARRY H JR VS NDC REALTY INVESTMENTS INC TDB R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: NDC REALTY INVESTMENTS INC TDBA PINE RIDGE ASSOCIATES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 20th, 2003 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 50.00 3.00 90.00 02/20/2003 HANDLER HENNING ~ R. Thorn s Kline Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this ., '2- day of ~ c1m3 A.D. eI ~a~~ ~ Prothonotary' . (4) . In The Court 6f Common Pleas of Cu~berland County, Pennsylvania Harry H. Fox Sr. VS. NDC Realty Inve~tment~, Inc t/d/b/a Pine Ridge Associate~ SERVE: ~ '-N\~ FtftH-A-~o ~. PA- \~\ ~ Lf-3Ct,~)5 03-405 civil Now, January 29, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Alleghpny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~...., .?, ..rt~"7 _ ",~?:~:::"'l!?''<t.'~ .i" '::;~:.:-.~ ...."",,1:. ..,"'..'I;;...,.............1,o~ Sheriff of Cum berland County, P A Affidavit of Service Now, 1h~~. J:c.b~".~ D (,+~ , 20 03 , at I a : 5~ 0' clock 4- M. served the within c..oMplaln+ N. L> C.- ~cal+l Jh~rY\4U'\+> _ "'1,,,, , upon at Ltlf IS S+L Aw...l'\(M.... by handing to X ~ Y lYl ~. 7~. ISl-/3 r e ufLeY - ~. F1ou.... (/, 0 ... Pres. l de...rrt a copy of the original and made known to +-t~ So answers, the contents thereof. 'I.ik '1( dd~ SJ. ~ .J. ~ "8 Sheriff of A Ilc:sh""o -' County, P A COSTS SER't1CE MILEAGE AFFIDA VIT It '" Sworn and subscri~ before me this . fE8dl1ofuv ,20_ Notarial Seal Sheila R. O'Brien, Notary Public City of Pittsburgh. Allegheny County My Commission Expires June 19, 2004 Member, PennsvlvaniaAssoclation of Not::! ri_ $ LAW OFFICES ROBERT F. CERINO BY: ANNE MATCHULET, ESQUIRE LD. NO.: 42859 Centre Square West 1500 Market Street, 12th Floor Philadelphia, P A 19102 (215) 246-9628 HARRYH. FOX, SR., Plaintiff, v. NDC REALTY INVESTMENTS, INC., t/d/b/a PINE RIDGE ASSOICATES Defendant. f'\ TO THE PRotiIoNOTARY: Attorney for Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-405 CIV JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance on behalf ofthe Defendant, NDC Realty Investments, Inc., '{: t/d/b/a Pine Ridge Associates, in the above-captioned matter. 1,". DATE: ""3~~03 !,i,' I,:.... BY: Respectfully, LAW OFFICES ROBERT F. CERINO ~D ANNE MATCHULET, ESQUIRE Attorney for Defendant o ~; -0 c:T\ Q~('--: %t, ~J;'- ____ ';2.' ~~ ~(~ ~ -:. ~ c. ' -'..J" 0 .... "~l ~ h.~ '..0 ~ ~~ W " ,0 Notice to Plead To: Plaintiff(s) You are hereby notified to file a written Response to the enclosed fI~..I1. ')~ within twenty (20) days from service hereof or a judgment may be entered against you. I hereby certify that I have served a copy of this paper upon all other parties or their attorneys by: ---X.-regular mail_certified mail other Date:~ By: a. LAW OFFICES ROBERT F. CERINO BY: ANNE MATCHULET, ESQUIRE I.D. NO.: 42859 Centre Square West 1500 Market Street, 1zth Floor Philadelphia, P A 19102 (215) 246-9628 Attorney for Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates HARRY H. FOX, SR., Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 03-405 CIV NDC REALTY INVESTMENTS, INC., t/d/b/a PINE RIDGE ASSOICATES Defendant. JURY TRIAL DEMANDED ., , ANSWER OF DEFENDANT, NDC REALTY INVESTMENT, INC., :, T/DIB/A PINE RIDGE ASSOCIATES 'TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Answering Defendant, NDC Realty Investments, Inc. t/d/b/a Pine Ridge Associates ("NDC"), by its ~ttorneys, Law Offices Robert F. Cerino, hereby responds to the averments set '.1 forth in Plaintiffs Complaint by way of the following: 1. DfPied. After reasonable investigation, answering defendant is without '\: knowledge or information sufficient to form a belief as to the truth of this averment and it is \: .j", therefore denied. ~, " 2. AdmItted.. 3. Deniect. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore denied. Further, insofar as the allegation set forth in this paragraph are a conclusion oflaw no response is required. 4. Denied. After reasonable investigation, answering defendant is without knowledge or ,J information sufficient to form a belief as to the truth of this averment and it is therefore denied. Further, insofar as the allegation set forth in this paragraph are a conclusion of law no response is required. 11 5. Deni~8. After reasonable investigation, answering defendants are without knowledge or information s1ifficient to form a belief as to the truth of this averment and it is therefore denied. Further, rhsofar as the allegation set forth in this paragraph are a conclusion oflaw no response is required. 6. Deni~d. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore denied. Further, iiisofar as the allegation set forth in this paragraph are a conclusion of law no response is required. 7. Deni~a. After reasonable investigation, answering defendants are without knowledge or information srifficient to form a belief as to the truth of this averment and it is therefore denied. Further, ihsofar as the allegation set forth in this paragraph are a conclusion oflaw no response is required. 8. Denied. After reasonable investigation, answering defendants are without knowledge or infclrmation sufficient to form a belief as to the truth of this averment and it is ti 2 therefore denied. Further, insofar as the allegation set forth in this paragraph are a conclusion of law no response is required. 9. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth ofthis averment and it is therefore denied.. Further, insofar as the allegation set forth in this paragraph are a conclusion of .f law no response is required. Further, it is specifically and categorically denied that any acts and/or omissions of answering defendant constituted negligence. To the contrary, at all times material hereto, answering defendant acted in a reasonable manner under each and every circumstance. Further, it is specifically and categorically denied that answering defendant acted or failed to act as:is set forth in paragraphs 9(a)-(h), inclusive. 10. Dt:mied. After reasonable investigation, answering defendants are without knowledge or inf6rmation sufficient to form a belief as to the truth of this averment and it is therefore denied. Further, insofar as the allegation set forth in this paragraph are a conclusion of law no response i~ required. 11. Denied. After reasonable investigation, answering defendants are without knowledge or infJlmation sufficient to form a belief as to the truth of this averment and it is therefore denied. Further, insofar as the allegation set forth in this paragraph are a conclusion of law no response IS required. Further, it is specifically and categorically denied that any acts and/or omissions"of answering defendant constituted negligence. To the contrary, at all times material hereto, ahswering defendant acted in a reasonable manner under each and every circumstance. 12. D~hied. After reasonable investigation, answering defendants are without knowledge or in:f6rmation sufficient to form a belief as to the truth of this averment and it is c 3 therefore denied,;f'urther, insofar as the allegation set forth in this paragraph are a conclusion of law no response js required. Further, it is specifically and categorically denied that any acts and/or omissions of answering defendant constituted negligence. To the contrary, at all times material hereto, answering defendant acted in a reasonable manner under each and every circumstance. 13. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore denied. Further, insofar as the allegation set forth in this paragraph are a conclusion of law no response is required. Further, it is specifically and categorically denied that any acts and/or omissions~bf answering defendant constituted negligence. To the contrary, at all times material hereto, answering defendant acted in a reasonable manner under each and every circumstance. i ~ 14. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore denied.' Further, insofar as the allegation set forth in this paragraph are a conclusion of law no response is required. Further, it is specifically and categorically denied that any acts and/or omissionstGf answering defendant constituted negligence. To the contrary, at all times material hereto, answering defendant acted in a reasonable manner under each and every circumstance. .t!. 15. Denied. After reasonable investigation, answering defendants are without knowledge or inf6rmation sufficient to form a belief as to the truth of this averment and it is therefore denied. 'Further, insofar as the allegation set forth in this paragraph are a conclusion of law no response is required. Further, it is specifically and categorically denied that any acts l,~' 4 ;! t) andlor omissions of answering defendant constituted negligence. To the contrary, at all times material hereto, aJ1swering defendant acted in a reasonable manner under each and every circumstance. 16. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore denied. Further, insofar as the allegation set forth in this paragraph are a conclusion of law no response is required. WHEREFORE, answering defendant, NDC Realty Investments, Inc. t/d/b/a Pine Ridge Associates, request judgment in its favor and that plaintiffs Complaint be dismissed with prejudice. .1' NEW MATTER DIRECTED TO PLAINTIFF 17. Answering defendants hereby incorporates their response to paragraphs 1 through 16, inclusive, as though fully set forth herein at length. 18. The Complaint fails to state a claim upon which relief can be granted. 19. Ifit is determined at the time of trial that plaintiffs are entitled to recover money i. damages upon proof of any or all of the allegations in plaintiffs' Complaint, which allegations and entitlement ate hereby specifically denied, then in that event any such recovery must be reduced and or barred by contributory negligence andlor the applicable provisions of the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. 97102. 20. Pl~intiffs' causes of action are barred andlor limited by the doctrine ofthe assumption of th~l risk, inasmuch as the plaintiffs knowingly and voluntarily did assume the risk of this accident and any injuries. 21. If the accident occurred as alleged, then the condition complained of did not \. : 5 create a reasonaQly foreseeable risk of injury proximate to the plaintiffs. 22. TQ:e accident described in plaintiffs' complaint, and injuries and damages which allegedly resulted' to plaintiffs, were caused solely, or substantially contributed to, by the negligence, carelessness, recklessness, and other liability-producing conduct of persons and/or entities other then answering defendant and over which answering defendant had no control or right or duty of control. 23. Answering defendant owed no duty to the plaintiffs. 24. Allswering defendant breached no duty that it may have owed to plaintiffs. 1 25. Nb act, omission or premises of answering defendant caused, or was a substantial factor in causing/any of the injuries of which plaintiffs complain. Plaintiffs suffere<1 no compensable injuries. 26. TIle applicable statute of limitations may bar plaintiffs' claims. 27. The doctrine of latches may bar plaintiffs' claims. 28. Tlle doctrine of collateral estoppel may bar plaintiffs' claims. 29. Tlie collateral source rule does not apply such that if plaintiffs should be awarded money damages, jihen the amount of said damages must be reduced by the total amount of any and all payment that the plaintiffs received from any and all collateral sources on account of any injuries and/or damages that the plaintiffs allegedly incurred in this matter. \ 30. AD.swering defendant avers that plaintiffs knew or should have known of any " alleged condition\as described by plaintiffs and that said actual and/or constructive notice is a bar to any claims plaintiffs may otherwise have had. " 31. Nb dangerous, hazardous or defective condition existed on any premises owned, possessed, managed, controlled and/or maintained by answering defendant. 6 d 32. If it is determined that a dangerous, hazardous or defective condition did exist, which is denied, then the condition was unknown to answering defendant, it did not have actual or constructive notice of it, and it could not have reasonably known of it. 33. If it is determined that a dangerous, hazardous or defective condition did exist, which is denied, then the condition was obvious, plaintiffs had actual or constructive notice of it, and answering defendant was not required to provide additional notice to the plaintiffs. 34. Ifthere is a judicial determination that Pa. R.C.P. ~238 is constitutional, said constitutionality being placed at issue herein, the liability of any interest imposed by the Court should be suspended during the period time that the plaintiffs delay in responding to discovery or otherwise delay the trial of this matter. 35. AHswering defendant raises all available affirmative defenses available to it. 36. An,swering defendant reserves the right to amend this Answer and to assert additional defenses or to supplement, alter or change this Answer upon ascertaining more definite facts during and upon completion of discovery. WHEREFORE, answering defendant denies that it is liable to the plaintiff, either solely and/or jointly ancfseverally, and demand that judgment be entered in its favor along with the cost of its defense, including attorney's fees. ~ ,r LAW OFFICES ROBERT F. CERINO DATE: y\O-O, BY: a ANNE MATCHULET, ESQUIRE Attorney for Defendant Ii n jj , ~ ,. f 7 VERIFICATION I, Anne'. Matchulet, Esquire, attorney for the answenng defendant, NDC Realty Investments, Inc.tld/b/a Pine Ridge Associates, do hereby certify and verify that the statements and representations in the foregoing Answer to Plaintiffs' Complaint with New Matter, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. LAW OFFICES ROBERT F. CERINO DATED: ~tI' -OJ .Ii j ~ 8 n S'~ "'- .....'() t~ '_' n-'If-' -'..'7..' ,-- t;; -< . r:-: :: -::;.- ~i;:- o --) G-Y "11 -- ..!... ""C ..;I ~;;::l ~~ ~I ~~ -<) -J-:3 :..) --! ." -<.' , 0 HARRY H. FOX, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : NO. 03-405 CIV NDC REALTY INVESTMENTS, INC., tld/b/a PINE RIDGE ASSOCIATES, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 17. This paragraph is a paragraph of incorporation to which no response is required. 18. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs Complaint does state a claim upon which relief may be granted. 19. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff was not negligent in any way. Therefore, the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. S 7102, et. seq., does not apply to the instant action. Further, all of Plaintiffs injuries and damages are recoverable in the instant action and are in no way reduced. 20. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff did not assume the risk of his injuries. Further, as previously stated herein, Plaintiff was not negligent or careless. All of Plaintiffs injuries and damages are recoverable in the instant action. 21. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, it is denied that the condition of the parking lot did not create a reasonable foreseeable risk of injury proximate to the Plaintiff. 22. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiffs injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, it is denied that Defendant did not owe Plaintiff a duty. 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, it is denied that Defendant breached no duty owed to Plaintiff. 25. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically 2 denied. By way of amplification, actions, omissions, and/or the premises of Defendant were a substantial cause or factor which lead to subject incident and resulted in the losses sustained by Plaintiff. Furthermore, Plaintiff did suffer a compensable injury. 26. Defendant's averment of this paragraph constitutes a legal conclusion to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff's claims are barred by the applicable statute of limitations. On the contrary, the date of Plaintiffs injury was February 7,2001 and this case was commenced by Complaint filed in the Court of Common Pleas of Cumberland County on January 27,2003. Furthermore, as is stated in 42 Pa. C.S.A. 9 5524, an action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another must be brought within two years. As such, Plaintiff's action was clearly filed within the applicable statute of limitations. 27. Defendant's averment of this paragraph constitutes a legal conclusion to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff's claims are barred by the doctrine of latches. Furthermore, latches is an equitable defense that is not applicable to an action at law. 28. Defendant's averment of this paragraph constitutes a legal conclusion to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff's claims are 3 barred by the doctrine of collateral estoppel. Furthermore, collateral estoppel is an equitable defense that is not applicable to an action at law. 29. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, it is denied that the collateral source rule does not apply or is not applicable to the facts of this case and it is not the law in Pennsylvania that damages sustained by Plaintiff must be reduced by payments by collateral sources. Furthermore, Plaintiff is entitled to plead, prove and recover the reasonable value of her accident-related medical expenses. 30. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, it is denied that Plaintiff knew or should have known of the condition of Defendant's premises. Furthermore, Plaintiff is not subject to a constructive notice standard. 31. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, a dangerous and defective condition did exist on the premises owned by Defendant. 32. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically 4 denied. By way of amplification, it is denied that Defendant did not have knowledge, either actual or constructive, of the alleged condition of Defendant's premises. 33. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, it is denied that the defect on Defendant's premises was open and obvious, or that Plaintiff knew or should have known about the defective condition, that constructive notice is not relevant to the issues involved heren, and that Defendant should have, in the exercise of reasonable caution, should have provided additional notice and/or warning of the defective condition. 34. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Pa. R.CP. Rule 238 is constitutional, and that the rule speaks for itself. 35. Objection. Pennsylvania Rules of Civil Procedure clearly provide what new matters must be plead at this time, and Defendant's failure to plead other New Matters which are required to be plead constitutes a waiver of these New Matters. 36. Objection. The Pennsylvania Rules of Civil Procedure provide for amendment of pleadings. 5 VERIFICATION STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ~Uire Dated: 7 l CERTIFICATE OF SERVICE AND NOW, this -rq#.-- day of March, 2003, I hereby certify that I have, on this . date, served the within document upon the Defendant, by sending a true and correct copy of same to them via first class, United States mail, postage prepaid, and addressed as follows: Anne Matchulet, Esq Law Offices Robert F. Cerino Centre Square West 1500 Market Street, 12th Floor Philadelphia, PA 19102 HANDLER, HENNING & ROSENBERG, LLP ,/J - ~' ( By: rr.tA It}k ~ A(\ ~rL r-> Patricia Kohnlei H. "J.,U'; ::;~.~:: ;:r~~ft ;;~ ,,-F ~~;,I,""'r "' (J ~-;; ~..~ '..1 .~ ) (::' r',) -j ..... ::-:-'l -:CJ -, en -< ;";'ii":.fu~!i::\,;j::;;:!" :\1 ~~1J;:';~ :t,;:,il<;;i. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HARRY H. FOX, SR. COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-405 CIV NDC REALTY INVESTMENT, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MATCHULET, ESQ. certifies that (I) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/21/2003 0~~ ANNE MATCHULET, ESQ. Attorney for DEFENDANT DEl1-407694 27603 -LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HARRY H. FOX, SR. COURT OF COMMON PLEAS TERM, -VS- NDC REALTY INVESTMENT, INC. CASE NO: 03-405 CIV NOTICE OF INTBNT TO SERVE A SUBPOBNA TO PRODUCE OOCOMBNTs AND THINGS FOR DISCOVBR.Y ~ TO ROLB 4009.21 PA NEUROLOGICAL ASSOCIATBS HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DILLSBURG CHIROPRACTIC MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: STBPHBN HBLD, BSQ. MCS on behalf of ANNE MATCHULBT, BSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATB: 03/31/2003 MCS on behalf of CC: ANNE MATCHULBT, BSQ. ANNE MATCHULET, BSQ. Attorney for DBFENDANT - FOX Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARXBT STREET '800 PHILADBLPHIA, PA H103 (215) 246-0900 DB02-221156 :2 7603 -CO 1 ....,~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND FOX VS NDC REALTY INVESTMENT, INC. F.I N 03-405-CIV 1 e o. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA NEUROLOGICAL ASSOCIATES (Name of Pe1'llOn or Entity) Within twenty (20) days after service of this subl2.oena..x.ou are ordered by the court to produce the following documents or things: SEE ArrACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produee things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek. in advance, the reasonable cost of preparing the copies orproduc:ing the things sought. If you fail to produce the documents or things required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to eomply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ANNE MATCHULET, ESQ. ADDRESS: 1500 MARKET ST., 12TH FLOOR PHILA.,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT ID #: A TIORNEY FOR: DEFENDANT DATE: fYI-a t:1 ~1 19 ~~3 , Prothonotary/Cler 1 Division - b7~~, B .7;?t:-<ky,r- Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA NEUROLOGICAL ASSOCIATES 108 LOWTHER STREET LEMOYNE, PA 17043 RE: 27603 HARRY H. FOX, SR. Entire medical fIle, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical repons, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: HARRY H. FOX, SR. 153 WHISKEY SPRING ROAD, DILLSBURG, PA Social Security #: 201-16-2924 Date of Birth: 10-10-1926 SUIO-433232 27603 - L 03.. CBRTIFICATB PRBREQUISITE TO SERVICB OF A SUBPOBNA PURSUANT TO RULB 4009.22 IN THE MATTER OF: HARRY H. FOX, SR. COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-405 CIV NDC REALTY INVESTMENT, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MATCHULET, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/21/2003 ANNE MATCHULET, ESQ. Attorney for DEFENDANT DEll-407695 276 Q 3 -LQ 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE ~ATTER OF: HARRY H. FOX, SR. COURT OF COMMON PLEAS TERM, -VS- NDC REALTY INVESTMENT, INC. CASE NO: 03-405 crv NOTICE Of' Pft'BH"r TO SERVE A SUBPOBRA TO PRODUCB ~S AND THINGS FOR DIS~y ~ TO ROLB 4009.21 PA NEUROLOGICAL ASSOCIATES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DILLSBURG CHIROPRACTIC MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: STBPHBN HBLD, ESQ. MCS on behalf of ANRB MATCBULBT, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fro. the date listed below in which to file of record and serve Upon the undersigned an objection to the subpoena. If tile twenty day notice period is waived or if no objection is .ade, then the subpoena .ay be served. C~lete copies of any reprodUced records ..y be ordered at your eapense by coopleting the attached Counsel card and returning s~e to NeS or by contacting our local MCS office. DATE: 03/31/2003 NeS on behalf of CC: AJID JlATCIIULBT, ESQ. A1ID MA1'CBtJLBT, ESQ. Attorney for DEFKRDABT - POI Any questions regarding this ~tter, contact TBB NeS GROUP IIIC. 1601 MARUT STREET 1800 PHILADELPHIA, PA 19103 (215) 246 -0900 DB02-221156 :2 7603 -CO 1 ';~,~ .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FOX VS NDC REALTY INVESTMENT, INC. F'l N 03-405-CIV 1 e o. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODlk~ OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Same of Person or Entity) Within twenty (20) days after service of this subl2.oena..x.ou are ordered by the court to produce the following documents or things: S"EE AITACHED at ~CS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~Au~E: ANNE MATCHULET, ESQ. ADDRESS: 1500 MARKET ST., 12TH FLOOR PHILA.,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT ID #: .\ITOR.VEY FOR: DEFENDANT DATE: (Yld;1CL '9,;). ~ ............ Seal of the Court (Eff. 7/97) -"'~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOL Y SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 27603 HARRY H. FOX, SR. Entire hospital medical fIle, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dat~ Requested: up to and including the present. SubJect: HARRY H. FOX, SR. 153 WHISKEY SPRING ROAD, DILLSBURG, PA Social Security #: 201-16-2924 Date of Birth: 10-10-1926 SU10-433234 276 Q 3 -LQ 2 .... CERTIFICATB PRBRBQUISITB TO SBRVICB OF A SUBPOBNA PURSUANT TO RULB 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS HARRY H. FOX, SR. TERM, -VS- CASE NO: 03-405 CIV NDC REALTY INVESTMENT, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MATCHULET, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/21/2003 ANNE MATCHULET, ESQ. Attorney for DEFENDANT DEll-407696 2 7603 - L 0 3 c~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HARRY H. FOX, SR. COURT OF COMMON PLEAS TERM, -VS- NDC REALTY INVESTMENT, INC. CASE NO: 03-405 CIV NO'l'ICE OP ~ TO SBRVB A SUBPOBHA TO PRODUCE ~S AND 'l'BIBGS FOR DISCOVERy ~ 70 ROLB 4009.21 PA RBUROLOGICAL ASSOCIATBS HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DILLS BURG CHIROPRACTIC MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: STEPHER HBLD, BSQ. MCS on behalf of ANNE MATCHULBT, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fr~ the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is ude, then the subpoena uy be served. COIIplete copies of any reproduced records aay be ordered at your expense by c~pleting the attached counsel card and returning saae to MCS or by contacting our local MCS office. DATE: 03/31/2003 MCS on behalf of CC: ARRB MATCBULBT, ESQ. A1IIIB MATCHULBT, ESQ. Attorney for DEFBlIDAR'l' - FOX Any questions regarding this utter, contact THE MCS GROUP IRC. 1601 MARDT STREET 1100 PHILADELPHIA, PA 19103 (215) 246-0900 DB02-221156 27603 - CO 1. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FOX VS NDC REALTY INVESTMENT, INC. F.I N 03-405-CIV 1 e o. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRo I. HOSPITAL , DILLSBURG FAMILY HEALTH CENTER (Name of Person or Entity) Within twenty (20) days after service of this subl2.oena..x.ou are ordered by the court to produce the following documents or things: . SEE ATTACHED MCS GROUP INC., 1601 MARKET ST., #800. PHILA.,PA 19103 (Address) at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE. REQUEST OF THE FOLLOWING PERSON: NAME: ANNE MATCHULET, ESQ. ADDRESS: 1500 MARKET ST., 12TH FLOOR PHILA.,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT ID #: .-\ TIORNEY FOR: DEFENDANT DATE: fYl';J/J r L... 19 ~D6~ ( '-- Seal of the Court (Eff.7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOL Y SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE:27603 HARRY H. FOX, SR. ANY AND ALL RECORDS FROM DILLSBURG FAMILY HEALTH CENTER Entire medical fIle, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treattnent pertaining to: Datt;S Requested: up to and including the present. SubJect: HARRY H. FOX, SR. 153 WHISKEY SPRING ROAD, DILLSBURG, PA Social Security #: 201-16-2924 Date of Birth: 10-10-1926 SUIO-433236 27603 - L 03 CERTIFICATB PRBRBQUISITB TO SBRVICB OF A SUBPOBNA PURSUANT TO RULB 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS HARRY H. FOX, SR. TERM, -VS- CASE NO: 03-405 CIV NDC REALT~ INVESTMENT, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MATCHULET, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/21/2003 ANNE MATCHULET, ESQ. Attorney for DEFENDANT DEll-407697 27603 - L 04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HARRY H. FOX, SR. COURT OF COMMON PLEAS TERM, -VS- NDC REALTY INVESTMENT, INC. CASE NO: 03-405 CIV NOTICE OF Dr1'BNT TO SBRVB A SUBPOBRA TO PRODUCE ~S AND 'l'BDfGS FOR DISCOVBR.y ~ TO RULB 4009.21 PA RBUROLOGICAL ASSOCIATES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DILLSBURG CHIROPRACTIC MEDICAL UCOIDS MEDICAL UCOIDS MEDICAL RECOIDS MEDICAL UCOIDS TO: STEPHEN HELD, BSQ. MCS on behalf of ADB J1ATClIOLBT, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fro. the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is aade, then the subpoena uy be served. Co.plete copies of any reproduced records uy be ordered at your expense by Co.pleting the attached counsel card and returning sa.e to NeS or by contacting our local MCS office. DATE: 03/31/2003 NeS on behalf of CC: ARRI MATCBULBT, ESQ. ADB JIATCIIULBT, ESQ. Attorney for DIFBlIDAII'I' - FOX Any questions regarding this utter, contact TIlE NeS GROUP IlIC. 1601 JIHDT STUBT 1100 PHlLADILPHIA, PA 19103 (215) 246-0'00 DI02-221156 :2 7603 -CO]. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FOX VS NDC REALTY INVESTMENT, INC. File No. 03-405-CIV SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DILLSBURG CHIROPRATIC (:'\lame of Person or Entity) Within twenty (20) days after service of this subl2.oena..x.ou are ordered by the court to produce the following documents or W~ ~E~arn at MCS GROuP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produee things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM~ ANNE MATCHULET, ESQ. ADDRESS: 1500 MARKET ST., 12TH FLOOR PHlLA.,PA 19102 TELEPHONE: 215-246-0900 SUPREME COURT ID #: .-\ TTOR."lEY FOR: DEFENDANT BY DATE: fYI;'Arl.. I~ .JrYiJ .............. Seal of the COUrt (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DILLSBURG CHIROPRACTIC PO BOX 668 4 BARLO CIRCLE DILLSBURG, PA 17019 RE:27603 HARRY H. FOX, SR. TO INCLUDE ANY AND ALL RECORDS FROM DR. JASPER A. CAMPANA. Entire medical fIle, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dat~ Requested: up to and including the present. SubJect: HARRY H. FOX, SR. 153 WHISKEY SPRING ROAD, DILLSBURG, PA Social Security #: 201-16-2924 Date of Birth: 10-10-1926 SUIO-433238 27603 - L 04 () c: ~: "'0 Cl;1 rT1rT1 '7' -1) Z(" Cf) ,,0; -,.....-:: r'::. () "'- )>0 4,'-) >t;;;.- '._ ~~ o -n ""1"> :c,~ :"() ,.> c', }1 '-", ,. ~ , ; ; ....;...t :''''".t +........... (:~i S;~ 'c_'-,~ -" .~~~ ?Ii -< ~ '.D :..> (..., LAW OFFICES ROBERT F. CERINO BY: ANNE MATCHULET, ESQUIRE I.D. NO.: 42859 Centre Square Wrest 1500 Market Street, 12th Floor Philadelphia, P A 19102 (215) 246-9628 Attorney for Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates HARRY H. FOX, SR., Pl,aintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 03-405 CIV NDC REALTY INVESTMENTS, INC., t/d/b/a PINE RIDGE ASSOICATES Defendant. I JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICAITON TO THE PROThONOTARY: Kindly substitute the undersigned's Verification for that of the Defendant's to the Answer to Plaintiff's COriJ.plaint with New Matter, which was previously filed in the above matter. Respectfully, DATE:# BY: LAW 0 ROBERT F. CERINO " I YERIFlCATION - I, KOY LV\ K'Veu.f z.e...- , an Authorized Agent of National Development C01Jloralion, defendant herein, do hereby certify and verify that the statements and representalions in the foregoing Answer to P1aintl/I's Complaint with New Matter, are Ime and correct to the best of my knowledge, infonnalion and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. *4904, relating to unsworn falsification to authorities. Date: 'I-)..3...),() 0 3> BY~~::Z~ / Title: !J~. ~-J.- Harry Fox o (-. ; t ,;(-, ,::,) " !:~ \._-.. -- d:::: ,--: ..c_ .;--' >L~.~. Zl -'-J -:.. ..) I".... N j ~ en "Xl ~< LAW OFFICES ROBERT F. CERINO BY: HARRY J. KANE, JR., ESQUIRE LD. NO.: 52610 Centre Square West 1500 Market Street, 12th Floor Philadelphia, PA 19102 (215) 246-9628 Attorney for Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates HARRY H. FOX, SR., Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 03-405 CN NDC REALTY INVESTMENTS, INC., t/d/b/a PINE RIDGE ASSOICATES Defendant. JURY TRIAL DEMANDED WITHDRAWAL OF APPEARNCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf oj the Defendant in the above-captioned ::::: !O)~ lo~ BY: ~ rJ 1 ~}(~ \ ~ 1j - ANNE MA\l:t~H'uLET. ESQUIRE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, NDC Realty Investments, Inc., t/d/b/a Pine Ridge Associates, in the above-captioned matter. Respectfully, DATE: /t/0 BY: LAW OFFICES ROBERT F. CERINO ~~/Z HARR<Y d~UlRE Attorney for Defendant HARRY H. FOX, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. NO.03-405-CIV NDC REALTY INVESTMENTS, INC., CIVIL ACTION _ LAW tJd/b/a PINE RIDGE ASSOCIATES, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of W. Darren Powell, Esquire, and the law firm of Thomas, Thomas & Hafer, LLP, as counsel for Defendant NDC REALTY INVESTMENTS, INC., tJd/b/a PINE RIDGE ASSOCIATES, in the above matter. DATED: January 23,2004 THOMAS, THOMAS & 0~ ~ . Darren Powell, Esq 1.0. No. 68953 305 North F rant Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant (717) 237-7154 CERTIFICATE OF SERVICE I, Kim Lehman, a secretary employed by Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing Entry of Appearance was seNed upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 DATED: January 23,2004 / /. I ; / -d!:.}/k. ',~k/}lL{l/L '- . Lehman -' " r__,:} {~,;J '":":.~) .0- ::''j-I <- w"-'" - --< -~ i'-;l~ "f<' ~:,J'?~ r,) 0', ,,' c.,) CJ ~..n LAW OFFICES ROBERT F. CERINO BY: HARRY J. KANE, JR., ESQUIRE I.D. NO.: 52610 Centre Square West 1500 Market Street, 12th Floor Philadelphia. PA 19102 (215) 246-9628 HARRY H. FOX, SR., Plaintiff, v. NDC REALTY INVESTMENTS, INC., t/d/b/a PINE RIDGE ASSOICATES Defendant, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-405 CIV JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf ofthe defendants, NDC Realty Investments, Inc., tld/b/a Pine Ridge Associates, in the above-captioned matter. . CERINO By: <. CERTIFICATE OF SERVICE I, Kim Lehman, a secretary employed by Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing Withdrawal of Appearance was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 DATED: January 23,2004 ~I/ 6 /' / /,/ . / vhc lj)Jt2dl /1"- . Lehman '" C~J c::.:> .l.;,'" ~ N 0', -r .:" r.,,: t'=' 0: ~ -- - () -" ::;:j i'-;-, :TJ ~ -I,: rn S~6 -" C') ~ -rl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS FOX TERM, -VS- CASE NO: 03-40S-CIV NDC REALTY INVESTMENT, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of W. DARREN POWELL, 3SQ. certifies that (1) A notice of intent to serve the subpoena wi::h a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/04/2004 4MCS on l~ehalf of ~... tle ~ tf~~(r~" Attorney for DEFENDANT DE:11-47728327387-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS FOX TERM, -VS- CASE NO: 03-405-CIV NDC REALTY INVESTMENT, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DILLSBURG FAMILY HEALTH CENTER MEDICAL RECORDS TO: STEPHEN HELD, ESQ. MCS on behalf of W. DARREN POWELL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/13/2004 MCS on behalf of W. DARREN POWELL, ESQ. Attorney for DEFENDANT CC: W. DARREN POWELL, ESQ. - 450-40073 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-255883 273 B 7 - CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FOX FileNo. . 03-405CIV vs. NDC REALTY INVESTMENT, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for D1U.sBURG F AMIL Y HEALTH CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia fA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: W. DARREN POWELL. ESO. 305 NORTH FRONT STREET POBOX 999 HARRISBURG. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant NAME: ADDRESS: BY THE COURT: /.5/ t.~;t;,. f .5& ~ Prothonotary/Clerk, Civil ~sion Date: MAR 0 4 2004 <!::f--d - (p. ~aw ~;AAA:. K. .x~ {;Jf' Deput . Seal of the Court 'J'7'lS2:7311 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DILLSBURG FAMILY HEALTH CENTER 204 MUMPER LANE DILLSBURG, PA 17019 RE: 27387 HARRY H. FOX, SR. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical me, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, mes, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored ina computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: HARRY H. FOX, SR. 153 WHISKEY SPRING ROAD, DILLSBURG, PA Social Security #: 201-16-2924 Date of Birth: 10-10-1926 SU10-488010 27387 - L 01 (") ~:; '""Dr:', l?} I ~jr, ~C; ~e :j "" = = .L- S?, :r~ nl-!..1 -oF;; 39 otlQ o:D '.'-(") om ~-g ~< :x :> :;0 I co :''' r;;> a w CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOHNA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS IN THE MATTER OF: TERM, FOX CASE NO: 03-405-CIV -VS- NDC REALTY INVESTMENT, INC. AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of W. DARREN POWELL, ESQ. certifies that (1) A notice of intent to serve the subpoena wit.h 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 ttLe proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/05/2004 ~ oI);j~eha1f ~~ /J /J /"". iYp~ ~ (C' . DARREN POW LL, ESQ. ) /} Attorney for DEFENDANV l-. DEll-509011 27387-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS IN THE MATTER OF: TERM, FOX -VS- CASE NO: 03-405-CIV NDC REALTY INVESTMENT, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 CARROLL COUNTY HOSPITAL MEDICAL RECORDS TO: STEPHEN HELD, ESQ.. PLAINTIFF COUNSEL MCS on behalf of W. DARREN POWELL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2004 MCS on behalf of . W. DARREN POWELL, ESQ. Attorney for DEFENDANT CC: W. DARREN POWELL, ESQ. - 450-40073 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-272834 273 B 7 -CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FOX FileNo. 03-405-CIV vs. NDC REALTY INVESTMENT,me. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULlC 4009.22 TO: Custodian of Records for CARROl J. COUNTY HOSPlT AL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A TT ACHED RIDER .... at The MCS Groll" Tnc 1001 M:lTket StTef':t Snite ROO Philadelnhia PA 19101 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWmG PERSON: NAME: ADDRESS: W. DARREN POWELL. ESO. 305 NORTH FRONT STREET POBOX 999 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY~~ COUR:: Prothonotary/Clerk, Civil Divisio '-- 4~/JAoF) g7f~ Deputy AUG 0 8 200" Date: ~~~ J 4, J..OO'f Seal of the Court 27387 -02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARROLL COUNTY HOSPITAL 200 MEMORIAL AVE WESTMINSTER, MD 21157 RE: 27387 HARRY H. FOX, SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electroniG form, relating to any examination, consultation, diagnosis, care, treatme:nt, admission, discharge, or emergency care pertaining to: Dat~s Requested: up to and including the present. SubJect: HARRY H. FOX, SR. 153 WHISKEY SPRING ROAD, DILLSBURG, PA Social Security #: 201-16-2924 Date of Birth: 10-10-1926 SUlO-5HOBO 27387 -LO 2 ..,., , !:~"~ :~ 0~ C'1 <Yj "''' = C-:) -L'- J;:?. c':" i,~~' , \.0 o ., =r! h1~ -orn ,;Q9 ~jQ ;J'--d \ )-,,- ..c., .-.... c5rr.'l ~ ':J ::< 1.:') ~- -~- THOMAS. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisbur9, PA 17108 w. Darren Powell, Esquire Attorney I.D. 68953 717-237-7154 Attorneys for Defendant HARRY H. FOX, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NDC REALTY INVESTMENTS, INC., tJd/b/a PINE RIDGE ASSOCIATES, Defendant I\lO. 03-405-CIV CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes, W. Darren Powell, Esquire, counsel for Defendants in the above action, and respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is within the amount of the compulSOry arbitration cap. There is no counterclaim. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: W. Darren Powell of Thomas, Thomas & Hafer, LLP Stephen G. Held, Esquire of Handler, Henning & Rosenb,erg, LLP WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~MA & HAFER, . \ ) ~ell,s' I.D. Number: 613953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 305 North Front Stree P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 ~MAS&HAF \ Dated:~ h(6S ~ i9~~ 1t- \t:.. \) - c\ (=::: I:) -u 0. ...0 \:L v-, ..c:; ( ~ ~J ~ \ ,- (' ~~' -,"'. r.') , . THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire Attorney 1.0. 68953 717-237-7154 Attorneys for Defendant HARRY H. FOX, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NDC REALTY INVESTMENTS, INC., tJd/b/a PINE RIDGE ASSOCIATES, Defendant NO. 03-405-CIV CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, t au.., ~ 1/ ,2005, in conside~ation of the foregoing Petition for APPoint~ent of Arbitrators, said Petition is GRANTED and ,:c~d ~ An /, Esquire, .:1f2~ ~~;dL ,Esquire and /~ '.>>-1 a.;;- , Esquire are appointed arbitrators in the above-captioned action as prayed for. 1" J. 338913.1 ~ ~. Qt.{.. t; ~~G ~ t...) tr!\ ~JL.,i ,~ J)~ -fJ~ I ~ -3/1 v IQ ,/ . . \ HARRY H. FOX, SR. : IN THE COURT OF COMM N PL AS OF : CUMBERLAND COUNTY, ENNS LVANIA V. : 03-405 CIVIL TERM NDC REALTY INVESTMENTS, INC., b/d/b/a PINE RIDGE ASSOCIATES IN RE: ARBITRATION ORDER OF COURT AND NOW, April 8, 2005, the Court having been inf rmed t at the above-captioned case has been settled prior to hearing the p nel of arbitrators previously appointed is vacated, and Edmu d G. Myers, Esquire, Chairman of the Arbitration Panel, shall be pa d the um of $50.00. By the Court, Edmund G. Myers, Esquire Johnson Duffie 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Stephen G. Held, Esquire For the Plaintiff C2~/J ~ L- 4 - g-- 0 f )Js W. Darren Powell, Esquire For the Defendants Court Administrator \1,,, I . ~_; " '-~' -.' '~:C) L"j 'II 'J>! , .' 1'1\:1 9 \1 ,',., S"- - ,,-,.'1',1 0'-1 If I~U'-' )'JjV.~(),'<::;{" Cud ;}Hl :10 :CI:L:O-{Jj-t[:1 . .\ { \~()\ \\ II' il: II: 11'''ll \: i '" \1\ !I:' !l,,\iJii\ i!ll!ii !iil!\ \ \1 \1! i F 111111;'::1"\ : "': III'\!\ \ iZ \! 1'1 I! f \\i,"lIl! iF \ 1 \I: II ( !l! I I ~ I [::11\ h \1\ i :,\ \h il 1II1 ("',1:>1 \1!11,<\11!: l,i:1 \ ]\(II',!;:1 \i\\\!i\!'!: LAW IlL>ICLS J -... .... ------.-- ----- ----. OHNSON DUFFIE or CUU\SEL J IOH\(T i\. J()lL\SO.\ I' LFF Sllll'\L\\ I\I(:XI:!(;!{()SS\I.\\ :lIlllJll[l,t1 ill \Y Oll!\ I', i' >\i:' I:I(! ";'\',:-- '\\Ii: \\\idi)\l 1\ April 7,2005 The Honorable George E. Hoffer, PJ. Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Fox v. NDC Realty Inv tments, nc. No. 03-405 Civil Arbitration Our File No. 3344-2 Dear Judge Hoffer: We return the Prothonotary's file with reference to the above-caption d case. y Order dated February II, 2005, Your Honor appointed me as chairman of a panel for arbit ation. In the interim, we were informed by counsel for the Defendant t at the m tter has been settl ed. We write to inform you of this development and to return the file. W underst d that it may be appropriate for a new Order to be entered at this point. We thank you for your attention to this matter. Very truly yours, JOHNSON, DUFFIE, STEWART WEIDN R k Edmund G. Myers EGM:bf:248293 Enclosure cc W. Darren Powell, Esquire, Attorney for Defendants Stephen G. Held, Esquire, Attorney for Plaintiff 111 I ~IAHKET S lKIIT 1'0. I',()\ IIIlI I.E\IOI \1.. PE~,"\ lU.':E\ I 71141-iI I IILJ WWWjllSWCOM 717.711141411 hI\ 717 711UIIli ~L\ll.@]DSWCl M JOHNSON. DUFFIE. STEWART & WEIDNER. PC . > ~- r . HARRY H. FOX, SR. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-405 CIVIL TERM NDC REALTY INVESTMENTS, INC., b/d/b/a PINE RIDGE ASSOCIATES IN RE: ARBITRATION ORDER OF COURT AND NOW, April 8, 2005, the Court having been informed that the above-captioned case has been settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Edmund G. Myers, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. Edmund G. Myers, Esquire Johnson Duffie 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Stephen G. Held, Esquire For the Plaintiff W. Darren Powell, Esquire For the Defendants Court Administrator By the Court, C~A ~L 4 ' ~- 0 :r ]l:i5 / Li] 'II JI" . 1"'1\1 8- Uif sDOZ AU\/lO,'<Ci-tLOdd 3Hl :10 38t:J30-{B-llj . Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@.HHRLAW.COM Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-405 Civil Action - (XX) Law HARRY H. FOX, SR., NDC REALTY INVESTMENTS, INC., tld/b/a PINE RIDGE ASSOCIATES Plaintiff Defendant PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above case "settled and discontinued". HANDLER, HENNING & ROSENBERG, LLP / Ste en G. Held, Esq. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 , , . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP KiittC;;. Dated: i}/zt( /6':)/ --- !_; i U1 ...C> .,