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HomeMy WebLinkAbout03-0813IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BEATRICE RADABAUGH, PLAINTIFF : VS. : RALPH G. VIEHMAN, JR. DEFENDANT Civil Action ....Slip & Fall Jury Trial Demanded Civil Action #tX3 --aO~ 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 (20) twenty 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 cliams 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 ntoice 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, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BEATRICE RADABAUGH, PLAINTIFF VS. RALPH G. VIEHMAN, JR. DEFENDANT Civil Action .... Slip & Fall Jury Trial Demanded Docket No. Aviso Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas singuientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contraa suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LAS OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BEATRICE RADABAUGH, PLAINTIFF VS. RALPH G. VIEHMAN, JR., DEFENDANT Civil Action---Slip & Fall Civil Action Number~C&~ ~'~c~ JURY TRIAL DEMANDED COMPLAINT Plaintiff Beatrice Radabaugh, is an adult individual, sui juris, who currently resides at 41 West Main Street, 2nd Floor Mechanicsburg 17055-6262 in the County of Cumberland Commonwealth Pennsylvania. Defendant, is Ralph G. Viehman, Jr. an adult individual sui juris who is the legal and equitable owner of a residential apartment located at 41 West Mains Street, Mechanicsburg, PA. 17055 in the County of Cumberland, Commonwealth of Pennsylvania.. Defendant is the landlord of the aforementioned building and is therefore legally responsible to maintain common areas of the building which include but not by way of limitation stairways~ walkways, entrances etc. Plaintiff on or about 10/26/02 while making her departure from her apartment by way of the stairway stepped from the landing which adjoins the doorway of her apartment door, and slipped and fell upon the stairway. o Defendant's fall was the result of a deteriorated condition consisting of the outer edge of the floor of the landing, immediately above the first step being warped and protruding above the level surface of the floor from which defendant stepped, and while doing so, caught her heel on the lip of the protion of the floor which was elevated above the level surface of the floor causing her to fall down the stairway resulting in Occult fractures of her left third, fourth and fifth metatarsal bases of her ankle. 6. Plaintiff's fall was the direct result of defendant's carelessness, negligence, and wanton disregard to repair and maintain the premises for the folowing reasons; (a) Defendant, failed and neglected to inspect the common ares of the premises to detect the presence ofhazerdous conditions then existing on, around, or within the common areas of the home despite being apprised of the defective condition consisting of the floorway of the landing. (b) Defendant failed and neglected to partake of any corrective repairs to eliminate the defect of the floor preceding defendant's fall. (c) Defendant breached a statutory duty as a lessor and landlord of the premises herein described by failing to repair surface of the floor the location of which is within the common area of the the apartment building more specifically the stairway of the building which is frequented by tenants and visitors as means of ingress and egress. COUNT I NEGLIGENCE 7. The aforementioned facts, statements, and averments contained in paragraphs 1 thru 6 are incorporated herein by reference thereto. 9. Defendant's negligence was the legal and proximate cause of the plaintiff's injury, in that, but for the defective floor within the apartment building stairway plaintiffwould not have fallen. Defendant after having been placed on notice as to the existence of this defect could have easily foreseen the potential danger it posed to tenants, guests, or invitee's of the premises yet neglected and failed to take any corrective measures. 10. Solely, as a consequence of the defendant's negligence, which assumed the form of non-feasance his failure to inspect, repair, and or replace the floor, notwithstanding being placed on notice of its existence and the potential harm it may pose to prospective tenant's guests, or invitee's plaintiff sustained an injury to her ankle. 11. Solely, and as a result of defendant's negligence, plaintiff's fracture necessitated the intervention of medical treatment and the attendant medical expenses derived from the diagnostic, corrective, medicianal and rehablitative treatments that were implemented to restore plaintiff to her pre-injury status. 12. Solely, and as a result of defendant's negligence, plaintiff has endured extreme pain and suffering discomfort, lost time from employment, and inconvenience. WHEREFORE, plaintiff demands judgment in the amount of $20,000.00 (dollars) together with costs and expenses. GREGORY S. HAZLETT 20~S or un,bY ~;rP~nst~feet Mechanicsburg, PA. 17055 (717) 790-5500 VERIFICATION I verify that the aforementioned information is true, correct and accurate to the best of my information, knowledge and belief subject to the penalties for unswom falsification ot authorities pursuant to 18 Pa C.S. 4904. Date: Beatrice Radabaugh, Plaintiff SHERIFF,s RETURN _ CASE NO: 2003-00813 p COMMONWEALTH OF COUNTY OF PENNSYLVANIA: CUMBERLAND R3LDAABAUGH BEATRICE REGULAR VS VIEHMA/~ RALPH G JR KENNETH GOSSERT Cumberland C°unty, Pennsylvania, says, the within COMPLAINT & NOTICE VIEHMAN JR RALPH G DEFENDANT _, at 1503:00 HOURS, on the at 41 WEST MAIN STREET MECHANICSBURG, PA 17055 REGINA VIEHMAN, WIFE a true and attested Copy of COMPLAINT & NOTICE · Sheriff or Deputy Sheriff of who bein9 duly sworn was served 26t_~h day of according to law, upon the 2oo____ 3 by handing to together with and at the same time directing He_~r attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 Sworn and Subscribed to before me this ~ day of A.D. So Answers: R. T~ 02/27/2003 BEATRICE RADABAUGH BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf o£ Defendant Ralph G. Viehman in the above matter. Respectfully subrnitted, THOMAS, THOMAS & HAFER, LLP I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW' this ~~aY °f4~ , 20( _}~,_, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Haler, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Gregory S. Hazlett, Esq. 20 South Market Street Mechanicsburg, PA 17055 Coleen M. Polek BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ANSWER WITH NEW MATTER OF DEFENDANT RALPH G. ¥IEHMAN 1) Denied. Defendant is without information or belief as to the tmth of the averments of paragraph 1 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2) Denied as stated. It is admitted only that Defendant is and was at all times material hereto the owner of residential apartments located at 41 West Main Street, Mechanicsburg, PA 17055 in the County of Cumberland, Commonwealth of Pennsylvania. Any and all other allegations contained in paragraph 2 are specifically denied and strict proof thereof is demanded at time of trial. 3) Denied. The allegations contained in paragraph 3 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 4) Denied. Defendant is without information or belief as to the troth of the averments of paragraph 4 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 5) Denied. Defendant is without information or belief as to the troth of the averments of paragraph 5 of Plaintiff's Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 6) a-c. Denied. The allegations contained in paragraphs 6 (a-c) are conclusions of law to which no. response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). COUNT I - NEGLIGENCE 7) Defendant incorporates by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 8) No response is necessary, as Plaintiff's Complaint does not contain a paragraph 8. 9) Denied. The allegations contained in paragraph 9 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 10) Denied. The allegations contained in paragraph 10 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 11) Denied. The allegations contained in paragraph 11 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 12) Denied. The allegations contained in paragraph 12 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 2 WHEREFORE, Defendant Robert G. Viehman, Jr., respectfully requests that judgment be entered in his favor and against Plaintiff, Beatrice Radabaugh. NEW MATTER 13) Defendant incorporates by reference the answers to Plaintiff s Complaint as though the same were fully set forth herein at length. 14) Some or all of Plaintiff s claims may be barred by the expiration of the applicable statute of limitations. 15) Some or all of Plaintiff's claims may be barred or reduced by Plaintiffs comparative and/or contributory negligence. 16) Plaintiff s claims may be barred or reduced by Plaintiff s assumption of a known risk, if said risk is found to be present, which is specifically denied. 17) The condition as described by Plaintiff in her Complaint, if it existed, was open and obvious, though Defendant specifically denies that any condition of the steps or stairway was at any time dangerous. 18) Some or all of Plaintiff's claims and/or damages should be reduced by Plaintiffs failure to mitigate her damages. WHEREFORE, Defendant Robert G. Viehman, Jr., respectfully requests that judgment be entered in his favor and against Plaintiff, Beatrice Radabaugh. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 r~ 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 229330 Attorneys for Defendant Ralph G. Viehman, Jr. VERIFICATION I, Ralph G. Viehman, Jr., have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. CERTIFICATE OF SERVICE AND NOW, this ~ p~day of ~ ,20~,, I,_ Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Gregory S. Hazlett, Esq. 20 South Market Street Mechanicsburg, PA 17055 Coleen 1V~ Polek IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BEATRICE RADABAUGH, PLAINTIFF VS. RALPH G. VIEHMAN, JR., DEFENDANT Civil Action---Slip & Fall Civil Action Number 03-813 JURY TRIAL DEMANDED ANSWER TO DEFENDANT'S NEW MATTER 1-12 ...... No answer required for paragraphs one through twelve of defendant's answer. 13. No answer required. 14. DENIED: Plaintiff's injury occurred on 10/26/2001 and plaintiff filed a Civil Complaint on February 24th 2003 which is within the applicable Statute of Limitations pursuant to 42 PaCs 5524 which allows an individual to file a complaint against a tortfeasor within two (2) years from the date of the accident and/or injury. Plaintiff's Statute of Limitation does not expire until October 26th 2003. 15. DENIED: Landlord breached a statutory duty to maintain the common areas of the premises which are comprised of hallways, walkways, stairways and accordingly breached his statutory duty to render such areas safe relative to the ingress and egress to and from the building. Additionally, plaintiff did not contribute in any respect to the injuries which she sustained to the extent there is no indication that plaintiff recklessly, carelessly, or negligently, walked in a manner that would have either caused or contributed to plaintiff's fall. Accordingly, because plaintiff did not contribute to the nature of the injury there does not exist any comparative fault to assign to plaintiff. 16. DENIED: Plaintiff did not assume a risk of the condition to the extent that plaintiff had no other reasonable alternative to enter and exit her place of residence 17. DENIED: Plaintiff has photographic evidence with the date ascribed establishing the dangerous condition of the landing which illustrates that the surface of the floor was bowed at its outer edge creating a protrusion above what would have otherwise been a level surface thereby creating a hazerdous condition to those of whom would have to utilize the stairway for its intended purpose. 18. DENIED: There is no evidence to support the averment that plaintiff failed to mitigate her damages to the extent that plaintiff sought appropriate medical treatment for an injury the nature and extent of which she had no knowledge of at the moment of her fall and resulting injury. GREGORY S. HAZLETT az ;4u a Attoraiey for Plain'tiff 2A; South Market Street Mechanicsburg, PA. 17055 (717) 790-5500 VERIFICATION I verify that the aforementioned information is true, correct and accurate to the best of my information, knowledge and belief subject to the penalties for unswom falsification to authorities pursuant to 18 Pa C.S. 4904. Date: ~///~,_~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BEATRICE RADABAUGH, PLAINTIFF VS. RALPH G. VIEHMAN, JR., DEFENDANT Civil Action---Slip & Fall Civil Action Number 03-813 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that service of the foregoing Answer to Defendant's New Matter was made upon the interested parties listed hereunder by mailing, postage prepaid, a tree copy on the 21st day of April 2003. THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Street PO Box 999 Harrisburg, PA. 17108 Attention: Brooks R. Foland, Esquire Dated: ti - GREGORY S. HAZ] 717-790- 5500 7055 BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party; Certificate; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Gregory Hazlett, Esquire, Attorney for Plaintiff, has waived the twenty (20) day 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. 5. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 1'7108-0999 (717) 255-7626 Attorneys for Defimdant Ralph G. Viehman, Jr. CERTIFICATE OF SERVICE AND NOW, this t/tI 4Jelay of June, 2003, I, Barbara Onroato of the law finn of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Gregory S. Hazlett, Esquire 20 South Market Street Mechanicsburg, PA 17055 BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intend to serve subpoenas identical to the ones that are 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 will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: ID No. 70102 ~ ~" 305 North Front Street, 6th Floor c POB 999 :~' Harrisburg, PA 17108-0999 - (717) 255-7626 '~'~ i~'i 229330 ~ :'~ - ' Attomeys for Defendant Ralph G. Viehman, Jr. CERTIFICATE OF SERVICE AND NOW, this., b~'day of May, 2003, I, Barbara Onroato of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Gregory S. Hazlett, Esquire 20 South Market Street Mechanicsburg, PA 17055 Bai'bara Onorato, Legal Assistant BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED sUBpoENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Harleysville Mutual Insurance Company, P.O. Box 1016, Moorestown, NJ 08057 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all claim records including medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treal~nent rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026, C1 No: 971039249, C1 No; 44215255 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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 fight 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: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. Kevin Shanaghan, 6230 Carlisle Pike, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radaban~.h, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce th'rags requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight 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: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff vs. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Progressive Northern Insurance Company, 6300 Wilson Mills Road, Mayfield Village, OH 44143 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all claim records including medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026, C1 No: 971039249, C1 No; 9811977785, 992741854, 993600848, 993836246, 0040206177, at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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 fight 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 SLTBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant -BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff VS. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03.813 JURY TRIALDEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Pinnacle Health, 2601 N. Third Street, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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 fight to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or th/rigs 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: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff vs. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Orthopedic Institute of PA, 875 Poplar Church Road, Camp Hill PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabau.~h, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail leg/ble 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: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff vs. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or tlaings: Complete copies of any and all medical records, reports, treatment notes, test results, diaenostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh~ d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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 fight 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 SLrBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff vs. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Family Medicine Center of Camp Hill, 4076 Market St., Camp Hill PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Raclahaugh d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 0999. You may deliver or mail leg/ble copies of the documents or produce things requested by this subpoena, together with the certificate of comphance, to the party making this request at the address listed above. You have the fight 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: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT 1D#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BEATRICE RADABAUGH, Plaintiff vs. RALPH G. VIEHMAN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Central PA IVlRI Center, 4665 Trindle Road, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, test results, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Beatrice Radabaugh, d/o/b: 8/6/53, ssn: 208-44-1026. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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 fight 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: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy : jrn BEATRICE RADABAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. RALPH G. VIEHMAN, JR. Defendant CIVIL ACTION - LAW NO. 03-813 JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTIr~ONOTARY: Please mark the above matter as settled, discontinued and ended with prejudice. Date: Respectfully submitted, 790-5500 Counsel for Plaintiff