HomeMy WebLinkAbout00-07825WALTER GOOD and SARAH IN THE COURT OF COMMON PLEAS
GOOD, h/w, CUMBERLAND CTY., PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
V. NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
ORDER OF COURT
AND NOW, this I` day of NoyG-Aa , 2001, it is hereby ORDERED and
DECREED, that the Plaintiffs' answer the Interrogatories and provide documents responsive to
Defendants' Request for Production of Documents within twenty (20) days from the service of
this Order, or suffer sanctions upon further application to the Court.
BY THE COURT:
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Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I. D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 -CIVIL
JURY TRIAL DEMANDED
1. This is a claim for personal injuries arising out of an alleged slip, trip and/or fall
down the stairs at premises occupied by the Plaintiff Walter Good and owned by Defendant
Paul John Sopensky. The incident occurred on or about January 23, 1999 at 2:00 a.m.
2. In this action, Plaintiff seeks damages for personal injuries arising out of the
alleged negligence of the Defendant in failing to maintain the interior stairwell; failing to inspect
the premises; failing to warn; failing to repair and creating a dangerous condition. Plaintiff
alleges permanent injuries associated with the fall. He seeks to recover medical expenses, loss
of earnings and impairment of earning capacity.
3. On December 28, 2000, Defendant forwarded a Request for Production of
Documents and Interrogatories. (Interrogatories are attached hereto as Exhibit "A;" and the
Request for Production of Documents is attached hereto as Exhibit `B").
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4. After the time period in which the discovery responses were due, had long
expired, on April 4, 2001, counsel for the Defendant sent a letter to Plaintiffs' counsel advising
that the responses were long overdue and indicating that a Motion to Compel would be
forthcoming if the responses were not provided within twenty (20) days. (A copy of said letter is
attached hereto as Exhibit "C").
5. Pa. R.C.P. No. 4006 mandates that "the answering parry shall serve a copy of
the answers, and objections, if any, within thirty (30) days after the service of the
interrogatories."
6. Plaintiff has not served answers to the Interrogatories upon the Defendant.
7. Plaintiff has not served a copy of any objections to the Interrogatories upon the
Defendant.
8. Plaintiff has provided copies of medical records under cover dated July 26, 2001,
but has never provided formal response and/or objections to the outstanding Request for
Production.
9. The information sought in the Defendant's Interrogatories and Request for
Production is discoverable pursuant to the Pennsylvania Rules of Civil Procedure.
10. The information sought in the written discovery requests is essential to the
Defendant in order to properly prepare for trial and for depositions.
WHEREFORE, Defendant Paul John Sopensky respectfully requests that this Honorable
Court grant the within Motion to Compel Plaintiff to fully and completely answer Defendant's
Request for Production of Documents and Interrogatories.
submitted,
LLP
f{ftorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: October 26, 2001 Attorneys for Defendant Sopensky
C
Karen S. Coates, Esquire
Thomas, Thomas S Hafer, LLP
Attorney I. D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17105-0999
(717)237-7121
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, hfw,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
INTERROGATORIES DIRECTED TO PLAINTIFFS
TO: Plaintiffs, Walter and Sarah Good
c/o Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, you are
required to forward a copy to the undersigned and retain the original, of your answers and objections, if any,
in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof.
The Answers shall be inserted in the spaces provided following the Interrogatories. If there is
insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental
sheet.
(a) its full corporate name;
(b) its date and place of incorporation, if (mown; and
(c) its present address and telephone number;
(5) Any other context: a description with sufficient particularity that the thing may thereafter be
specified and recognized, including relevant dates and places, and the identification of
relevant people, entities, and documents.
"Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth
in the complaint or similar pleading.
"Person" means a natural person, partnership, association, corporation, or government agency.
STANDARD INSTRUCTIONS
(1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served
upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney
making them. In your answers, you must furnish such information as is available to you, your employees,
representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the
Pennsylvania Rules of Civil Procedure.
(2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery,
you must identify the privilege or immunity asserted and provide sufficient information to substantiate the
claim.
(3) Option to produce documents. -- In lieu of identifying documents in response to these
interrogatories, you may provide copies of such documents with appropriate references to the corresponding
interrogatories.
1. State:
(a) Your full name;
(b) The address of your present residence and the address of each other residence which you
have had during the past five years;
(c) Date of birth;
(d) Social Security Number;
(e) The schools you have attended and the degrees or certificates awarded, if any.
2. (a) Identify each person who
(1) Was a witness to the incident through sight or hearing
and/or
(2) Has knowledge of facts concerning the happening of the incident
or conditions or circumstances at the scene of the incident prior to,
at the time of, or after the incident.
(b) With respect to each such person identified, state that person's exact location and activity at
the time of the incident.
3. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure)
concerning this action or its subject matter, state:
(a) The identity of such person;
(b) When, where, by whom, and to whom each statement was made, and
whether it was reduced to writing or otherwise recorded;
(c) The identity of any person who has custody of any such statement that was
reduced to writing or otherwise recorded; and
(d) Attach a copy of each such report, statement, memorandum or testimony to your answers to
these interrogatories.
4. If you know of the existence of any photographs. motion pictures, video recordings, maps, diagrams, or
models relevant to the incident, state:
(a) The nature or type of such item;
(b) The date when such item was made:
(c) The identity of the person that prepared or made each item; and
(d) The subject that each item represents or portrays.
5. If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any investigations of the
incident, identify:
(a) Each person, and the employer of each person, who conducted any
investigation(s); and
(b) All notes, reports, or other documents prepared during or as a result of the
investigation(s) and the persons who have custody thereof.
6. Identity each person you intend to call as a non-expert witness at the trial of this case, and for each person
identified, state your relationship with the witness and the substance of the facts to which the witness is
expected to testify.
7. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state:
(a) The subject matter about which the expert is expected to testify; and
(b) The substance of the facts and opinions to which the expert is expected to
testify and a summary of the grounds for each opinion. (You may file as
your answer to this interrogatory, the report of the expert or have the
interrogatory answered by your expert.)
S. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used
during the liability or damages portions of the trial.
9. If you intend to use any book, magazine, or other such writing at trial, state:
(a) The name of the writing;
(b) The author of the writing;
(c) The publisher of the writing;
(d) The date of publication of the writing; and
(e) The identity of the custodian of the writing.
10. If you intend to use any admissions of a party at trial, identify such admissions.
11. With respect to the allegation in Paragraph 8, that Plaintiff slipped and fell on the steps of
Defendant's property, please state:
(a) The name, address and telephone number of each witness who has or will provide
information or testimony to support this allegation;
(b) A summary of the information given by each witness;
(c) Whether you have a statement from said witness, whether handwritten, typed, printed,
recorded or in any other fashion, and its present location; and
(d) Attach a copy of all such statements to your answers to these interrogatories.
12. Did Plaintiff notify Defendant of any allegedly unsafe or dangerous condition existing on
Defendant's premises at any time prior to or subsequent to the alleged fall? If so, how?
13. If Plaintiff was carrying any items at the time of the alleged incident, please specifically
describe:
(a) the items;
(b) the approximate weight of the item;
(c) the method in which Plaintiff was carrying the item; and
(d) whether the item obstructed Plaintiffs view of the alleged defect.
14. How long prior to January 23, 1999 had the Plaintiffs occupied the premises?
1 5. How many time did Plaintiff traverse the stairs from the date he began occupying
the premises until the date of the incident?
16. Where the stairs equipped with a handrail at any time during Plaintiffs occupancy
of the premises, but prior to the incident. If so. when?
17. Was the handrail in place on January 23, 1999. If not, why?
18. State in detail the nature of the injuries that Plaintiff alleges were suffered as a result
of this incident and with specificity, state the following information:
(a) the nature and extent of such injuries;
(b) the location of any injuries sustained; and
(c) whether any restraint from normal activities was suffered due to the injuries ailegedly
sustained.
19. If, either prior to or subsequent to the incident, you suffered any injury or disease in those
portions of the body claimed by you to have been affected by the incident state:
(a) The injury or disease you suffered,
(b) The date and place of any accident, if such injury or disease was caused by an accident;
(c) The identity of hospitals, doctors, or practitioners who rendered treatment or examination
because of such injury or diseases; and
(d) The identity of anyone against whom a claim was made, and the tribunal and docket number
of any claim or lawsuit that was filed in connection with such injury or disease.
20. At the time of the incident, did you have any condition for which you wore eyeglasses, or
for which eyeglasses were prescribed? If so, state:
(a) a description of the condition;
(b) whether you were wearing eyeglasses at the time of the incident;
(c) the name and address of the person who prescribed the eyeglasses; and
(d) a description of your vision at the time of the accident referred to in the Complaint, both
corrected and uncorrected.
ANSWER:
Z 1. If you received medical treatment or examination (including x-rays) because of injury or disease
you suffered as a result of the incident, state:
(a) The identity of each hospital at which you were treated or examined;
(b) The date on which each such treatment or examination at a hospital was rendered, and the
charge by the hospital for each;
(e) The identity of each doctor or practitioner by whom you were treated or examined;
(d) The date on which each such treatment or examination by a doctor or practitioner was
rendered, and the charge for each; and
(e) The identity of any document(s) (except reports of experts subject to Pa.R.C.P. 4003.5)
regarding any medical treatment or examination, setting forth the author and date of such
document(s).
22. For the period of three years immediately preceding the date of the incident, state:
(a) the name and address of each of your employers, or if you were self-employed during any
portion of that period, each of your business addresses and the name of the business while
self-employed;
(b) The dates of commencement and termination of each of your periods of employment or self-
employment;
(c) The nature of your occupation in each employment or self-employment; and
(d) The wage, salary, or rate of earnings received by you in each employment or self-
employment, and the amount of income from employment and self-employment for each
year.
23. If you have engaged in one or more gainful occupations subsequent to the date of the incident,
state:
(a) The name and address of each of your employers or, if you were self-employed at anytime
subsequent to the incident, each of your business addresses and the name of the business
while self-employed;
(b) The dates of commencement and termination of each of your periods of employment or self-
employment;
(c) The nature of your occupation in each employment or self-employment;
(d) The wage, salary or rate of earnings received by you in each employment or self-
employment, and the amount of income from employment and self-employment for each
year; and
(e) The date(s) of any absence(s) from your occupation resulting from any injury or disease
suffered in this incident, and the amount of any earnings or other benefits lost by you
because of such absence(s).
24. If, as a result of this incident, you have been unable to perform any of your customary
occupational duties or social or other activities in the same manner as prior to the incident, state with
particularity:
(a) The duties and/or activities you have been unable to perform;
(b) The periods of time you have been unable to perform; and
(c) The identity of all persons having knowledge thereof.
27. Has Plaintiff made a claim for any benefits under any medical pay coverage or policy of
insurance relating to the alleged injuries suffered in this incident? If so, please state:
(a) the name of the insurance company or organization to whom such claim was made;
(b) the date of the claim or application:
(c) the claim and policy number;
(d) whether or not this claim was paid, and if so, the nature of the amount received;
(e) whether the company required you to assign to any rights of recovery you may have against
others.
28. Please give an account, itemized as fully and as carefully as possible, the losses and expenses
which you claim were incurred by you as a result of this incident, and please include in your answer those
losses or expenses which are attributable to hospitals, doctors, medical and/or wage loss or loss of eaming
capacity.
29, As to each condition or defect which you contend caused the alleged accident, state:
(a) a description of the condition which made the premises dangerous;
(b) each fact which indicates the length of time and condition that existed prior to the accident;
(c) each fact which tends to show that Defendants knew or should have known of this condition;
and
(d) whether you knew of the condition before the accident and if so, the manner and time you
acquired such knowledge and any acts performed by you to avoid the alleged accident after
you acquired such knowledge.
30. Set forth the specific acts of negligence (either admission or commission) that you contend were
committed by the Defendant.
31. If the Plaintiff was receiving any sort of payments for disability at the time of this loss,
please provide the following:
(a) The date upon which Plaintiff began receiving disability benefits;
(b) The amount of the disability benefits:
(c) The disability or condition upon which an award of disability benefits was made.
32. State whether you have ever been convicted of any felony or lesser crime
involving deceit or fraud or misdemeanor involving a criminal offense, and if so, state the
following:
(a) the nature of the offense for which you were convicted;
(b) the date of conviction; and
(c) the court in which you were convicted and the term and number assigned to
your case.
Attorneys for Defendant
DATE: December 28, 2000
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0845
(717) 237-7121
Karen S. Coates, Esquire
Thomas, Thomas S Hafer, LLP
Attorney I.D. 2 5264
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 23 7-7 12 1
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing
Interro_atories Directed to Plaintiffs by first class mail, postage prepaid. addressed to the following:
Jeffrey NI. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
IS 18 Market Street
Suite 3200
Philadelphia, PA 19103
THOMAS, THOMAS & HAFER, LLP
1-77-1
Barbara A. Onorato,Le2al Assistant
Date: December 28. 2000
Karen S. Coates, Esquire
Thomas, Thomas & Harer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17105-0999
(717) 237-7121
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS OF THE DEFENDANTS
DIRECTED TO THE PLAINTIFFS
TO: Plaintiffs, Walter and Sarah Good
c/o Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
Defendants, by and through their attorneys, Karen S. Coates and THOMAS, THOMAS & HAFER,
LLP hereby request that Plaintiffs, produce and permit the Defendants to inspect and copy the following,
pursuant to Pennsylvania Rules of Procedure. 4009, et sTeg., within thirty (30) days from receipt hereof.
Date: December 28, 2000
I
If you object to the production of any document on the grounds that the attorney-client, attorney
work-product or any other privilege is applicable thereto, you shall, with respect to that document;
(a) state its date;
(b) identify its author;
(c) identify each person from whom the document was received;
(d) identify each person who received it;
(e) state the present location of the document and all copies thereof;
(f) identify each person who has ever had possession, custody or control of it or a copy
thereof, and
(g) provide sufficient information concerning the document and the circumstances thereof to
explain the claim of privilege and to permit the adjudication of the propriety of that claim.
As refereed to herein, "document" includes written, printed, typed, recorded, or graphic matter,
however, produced or reproduced, including correspondence, telegrams or other written communications,
data processing storage units, tapes, contracts, agreements, notes, memorandums, analyses, projections,
indices, work papers, studies, reports, surveys, diaries, calendars, films, work photographs, diagrams,
drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of
whether you, your former or present counsel, agents, employees, officers, insurers, or any other person
acting on your behalf, are now in possession, custody or control.
1. All statements, signed statements, transcripts of recorded statements, or interviews of any
person or witness relating to, referring to or describing any of the events resulting in the
instant litigation.
RESPONSE:
2. All expert opinions, reports, summaries, or other writings in your custody or control
or in the custody or control of your attorney or insurers, which relate to the subject
matter of this litigation.
RESPONSE:
All documents, correspondence, or other drawings, sketches, diagrams, or writings
in your custody or control or in the custody or control of your attorney or insurers,
which relate to the subject matter of this litigation.
RESPONSE:
4. All documents prepared by you, or by any insurer, representative, agent or anyone
acting on your behalf, except your attorney(s), during the investigation of the incident
in question or any of the events or allegations resulting therefrom. Such documents
shall include any documents made or prepared up through the present time, with the
exclusion of the mental impressions, conclusions or the opinions respecting the value of
merit of the claim or defense or respecting strategy or tactics.
RESPONSE:
All medical reports and bills which relate to the subject matter of this litigation.
RESPONSE:
6. All photographs of any item or thing involved in this litigation.
RESPONSE:
All statements as defined within PA R.C.P. No. 4003.4.
RESPONSE:
S. All statements and/or transcripts of interviews of fact witnesses contained in this
matter.
RESPONSE:
9. All documents identified in your Answer to any set of Interrogatories propounded by
any party in this litigation.
RESPONSE:
10. All documents which you intend to rely upon or introduce at trial of this litigation.
RESPONSE:
These requests should be deemed continuing and any response should be supplemented upon
receipt of additional information.
Dated: December 28, 2000
THOMAS, THOMAS & HAFER LLP
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. ." 520 -4
305 North Front Street
P. O. Box 999
Harrisburg, PA 17105-0999
(717) 237-7 12 1
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 28th day of December, 2000, I, BARBARA A. ONORATO, a Legal Assistant at
the law firm of Thomas, Thomas & Hafer, LLP hereby certify that I sent a true and correct copy of the
foregoing Request for Production of Documents of Defendants Directed to the Plaintiffs, by placing a copy
of the same in the United States Mail, first class, postage prepaid, to the following:
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
Barbara A. Onorato
Date: December 2S, 2000 Legal Assistant
F r
(717) 237-7121
E-mail ksc@tthlaw.com
April 4, 2001
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
RE: Good vs. Sopensky
Dear Mr. Rosenbaum:
A review of my file reveals that a Request for Production of Documents and
Interrogatories directed to the Plaintiffs were forwarded to your office on December 28, 2000.
Would you please provide responses to the written discovery within the next
twenty (20) days. If not, I will have no choice but to file a Motion to Compel.
Very truly yours,
THOMAS, THOMAS & HAFER, LLP
Karen S. Coates
KSC:djs
:118001.2
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
Date: October 26, 2001
:139130.1
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Major Jury.
Hearing on assessment of damages is required.
ROSENBAUM & ASSOCIATES, P.C.
By: Jeffrey M. Rosenbaum, Esquire - ID #51719
1818 Market Street, Suite 3200 Attorneys For Plaintiff
Philadelphia, PA 19103
(215) 569-0200
LTER GOOD and SARAH GOOD, h/w
State Street, West Fairview, PA 17025
TEN SOPENSKY
East Maplewood Avenue, Mechanicsburg, PA 17055
LUL JOHN SOPENSKY
East Maplewood Avenue, Mechanicsburg, PA 17055
iHLY SOPENSKY
East Maplewood Avenue, Mechanicsburg, PA 17055
.UL SOPENSKY
East Maplewood Avenue, Mechanicsburg, PA 17055
°'AVISO'a
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL TffiAL DIVISION
?_ 7?? '?` NUMBER
"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 appeamace personally or by attorney and Sling in writing with the court your defenses or objections to the
clatimsetfrrthagainstyuu. youare wanted that if you fail0 do so the case maypmceed without you and ajudgment maybe entered against you bythe court
without farther notice for my money claimed in the complaint or for my other claim or relief requested by the plaintid You may lose money or property or other
rights importmt 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 FWD OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL & INFORMATION SERVICE
Two Liberty Avenue
Carlisle PA 17013
(717) 249-3166
Major Jury.
Hearing on assessment of damages is required.
ROSENBAUM & ASSOCIATES, P.C.
By: JEFFREY M. ROSENBAUM, ESQUIRE - ID #51719
1818 Market Street, Suite 3200
Philadelphia, PA 19103
(215) 569-0200
WALTER GOOD and SARAH GOOD, h/w
214 State Street, West Fairview, PA 17025
VS.
JOHN SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
and
PAUL JOHN SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
and
EMILY SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
and
PAUL SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
Attorneys For Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL TRIAL DIVISION
NUMBER
Code 2S -- Premise Liability -Complaint In Civil Action
1. The plaintiffs, Walter Good and Sarah Good, are husband and wife, residents of
the Commonwealth of Pennsylvania, residing therein as captioned above.
2. The defendant, John Sopensky, is an adult individual, and a resident of the
Commonwealth of Pennsylvania, residing therein at the above address.
3. The defendant, Paul John Sopensky, is an adult individual, and a resident of the
Commonwealth of Pennsylvania, residing therein at the above address.
4. The defendant, Emily Sopensky, is an adult individual, and a resident of the
Commonwealth of Pennsylvania, residing therein at the above address.
5. The defendant, Paul Sopensky, is an adult individual, and a resident of the
Commonwealth of Pennsylvania, residing therein at the above address.
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6. At all times relevant hereto, the defendants owned and/or operated and/or
controlled, and had the duty to maintain the premises involved herein.
At alltimes relevant hereto the defendants, acted through their agents, servants,
workmen and/or employees, who were acting within the scope and course of their
employment and the doctrine of Respondeat Superior is invoked herein.
At all times relevant hereto all defendants were acting as the agents, servants,
workmen and/or employees of all other named defendants.
At all times relevant hereto, defendants, John Sopensky, Paul John Sopensky,
Emily Sopensky and Paul Sopensky, had under their care and direction the
supervision, control and maintenance of the premises located at 214 State Street,
Enola, Pennsylvania, and it was the defendants' duty to keep and maintain said
premises in a reasonably safe condition.
10. On or about January 23, 1999, at or about 2:00 a.m., a dangerous, negligent
and/or defective condition existed on the premises as aforesaid and the
defendants knew or should have know of the existence of same.
11. At all times relevant hereto, plaintiffs leased the aforesaid premises from the
defendants.
On the aforesaid date, the plaintiff, Walter Good, was lawfully upon the
defendants' premises at 214 State Street, Enola, Pennsylvania, when by reason
of the negligence of the defendants, he was caused to slip, trip and/or fall down
the stairs of the premises, as a result of which the plaintiff suffered serious,
painful and permanent injuries as more particularly hereinafter set forth.
Said accident was caused solely by the negligence of the defendants, John
Sopensky, Paul John Sopensky, Emily Sopensky and Paul Sopensky, aforesaid,
as follows:
a. Failing to maintain the premises, stairs and hand railing in a safe and
reasonable condition for the persons such as the plaintiff using said
premises;
b. Failing to reasonably inspect said premises, stairs, and hand railing to
ascertain the existence of the negligent condition when defendants knew
or should have known of the existence of said negligent condition;
C. Failing to warn persons on the premises of the negligent and/or defective
condition;
d. Failing to properly and adequately repair said defective condition;
e. Negligently allowing said defect to remain on defendant's premises;
f. Causing said defective condition;
g. Failing to respond to request to repair said defective condition;
h. Failing to properly and adequately maintain said hand railing and stairs;
i. Negligently removing said hand railing; and
j. Failing to replace said hand railing in a timely manner.
COUNTI
PLAINTIFF. WALTER GOOD V. ALL DEFENDANTS
14. The plaintiff, Walter Good, incorporates by reference herein the allegations
contained in the preceding paragraphs of this Complaint as though same were
fully set forth at length herein.
At all times relevant hereto defendants knew and/or should have known of said
defective condition.
Solely because of the negligence of the defendants acting as aforesaid, the
plaintiff was caused to sustain serious physical injury in and about the person,
including but not limited to a laceration to his scalp laceration, head, ribs, back,
neck, shoulder and toe, and was or may have been otherwise injured, whereby
plaintiff has suffered and will continue to suffer in the future.
17. Plaintiff avers that the injuries sustained are of a permanent nature and
character.
18. By reason of the negligence of the defendants acting as aforesaid, the plaintiff
was hindered in and prevented from attending the plaintiffs usual duties and
occupations, all to the plaintiffs great financial detriment and loss.
By reason of the negligence of the defendants acting as aforesaid, the plaintiff
has been and may in the future be required to expend various sums of money for
medical expenses and treatment of the injuries as aforesaid.
WHEREFORE, plaintiff, Walter Good, demands judgment against defendants, John
Paul John Sopensky, Emily Sopensky and Paul Sopensky jointly and
, in a sum in excess of FIFTY THOUSAND ($50,000.00) DOLLARS.
COUNT II
PLAINTIFF .WALTER GOOD V. ALL DEFENDANTS
The plaintiff, Walter Good, incorporates by reference herein the allegations
contained in the preceding paragraphs of this Complaint as though same
were fully set forth at length herein
At all times relevant hereto plaintiff leased the aforesaid premises from the
defendants and the Residential Lease Agreement is attached hereto as
Exhibit "A".
Defendants breached their obligations to the plaintiff under said Residential
Lease Agreement in failing to maintain the premises as safe and habitable.
Defendants breached their obligations to the plaintiff under said Residential
Lease Agreement by failing to inspect, maintain, repair and/or replace the
stairs and hand railing.
WHEREFORE, plaintiff, Walter Good, demands judgment against defendants,
ohn Sopensky, Paul John Sopensky, Emily Sopensky and Paul Sopensky, jointly
severally, in a sum in excess of FIFTY THOUSAND ($50,000.00) DOLLARS.
COUNT III
SARAH GOOD V. ALL DEFENDANTS
The plaintiff, Sarah Good, incorporates by reference herein the allegations
contained in the preceding paragraphs of this Complaint as though same
were fully set forth at length herein.
Plaintiff avers that she is the spouse of plaintiff, Walter Good.
As a result of the aforementioned occurrence, said plaintiff has been and may
in the future be required to expend various sums of money for medical
services, medicines and/or x-rays in an effort to treat and cure the spouse of
the injuries sustained in the occurrence and has incurred or may incur other
losses for which she is entitled to be compensated.
Further, by reason of the aforesaid, said plaintiff has been deprived of the
assistance and society of the spouse, all of which has been to the great
financial damage and loss of plaintiff.
WHEREFORE, Plaintiff, Sarah Good, demands judgment against defendants,
Sopensky, Paul John Sopensky, Emily Sopensky and Paul Sopensky, jointly
severally in a sum in excess of FIFTY THOUSAND ($50,000.00) DOLLARS.
ROSENBAUM & ASSOCIATES, P.C.
By:
M. Rosenbaum, Esq.
w for Plaintiff
VERIFICATION
Jeffrey M. Rosenbaum, Esquire, hereby states that he is the attorney for the
Plaintiff in this action and verifies that the statements made in the foregoing
pleading are true and correct to the best of my knowledge, information and
belief. I understand that false statements therein are made subject to the
penalties of 18 PA. C.S. Section 4904 relative to unsworn falsification to
authorities.
ROSENBAUM AND ASSOCIATES,
M. ROSENBAUM, ESQ.
3? Y
RESIDENTIAL LEASE AGREEMENT
-''?J-day 19 ?. between N\ a ---?kzz
SATs atteeaent made this of '°?_ , ,
hereafter called OWNIRIAGENT, and o-C), M!"g, w X. % r\ cnn.C A hereafter called TENANT.
1. LOCATION.
TENANT leases from MEN/AGENT, Unit go. located atQ 1
City of , County oiC. a win An K s a ,State of hereafter called M OE.
2. LEASE TERM.
To term begins on the day of , 19 and ends on tte ?_ day of 19 ?. ot (9 Either party may terxinate this aCreement a ttt a end at the Cara by :irin: the otter party at load Mays written notice daliyered by
certified mail. If notice is nab given or is late, this agreement will coutinue wittaut re-execution upon the same tens and conditions as in
force immediately before and of the term. This agreement will not automatically continue at and of tan if.TENAIR is is dmtault of this
egreeaeat.
Should TENANT desire an early release from this agreement before the end of the ten, TENANT may do so if:
a. TENANT ayes UINNESIA6r'?t. T at least days written notice prior tin tte data TENANT desires to mate and be released.
b. TENANT pays in full all rents and cbartes due to the data TENANT Tautest PREMISES.
c. TENANT Pays OWNER/AGENT at the time ootice is given, the sum of t 14RS.00 as consideration for allwinf TENANT early release
from this lease agreement.
3. HE
Rent for the entire ten is
TpLUM It I
I
Payable in payments of ?4. C,_n 'G', ????.R. DOI.LLSa fe
t&S
IN A9'!AN c WFi11OUT OI:/AN0 an the -L- day of each Mpn`6 Rent porxeats will be (Y\C at Ac? lam
If nrment is tailed, the eayeicpe's pastaari will be used to determine the data when rent is ictuailr paid. If TENANT fails to pay t1W ERIfL-i
tte rent by the k-?' day after the due date, TEY.ANT agrees to PIT CANE /AVER a late charge of i ,A0.(3Q as liquidated damages for lata
Pmmnt of rant.. if OWNESIASEXT does not rtmTe TENANT'S rent payment by the ML day after tlaa due data, the rent for t_a entire tan sbal! to
imme9iitaly due &cd parable from TENANT and collectable by 006 IM9.
4. USE OF PREMISES.
F- U-1 to used as a private residence rely and will out be used for any charitable or income producing purpose without prior written
rraseni of OWXMQGER. TENANT shall comply with all Federal. State sad Local laws, regulations mod ordinances correctly in force or enacted
after the commencement of this agreement. MIINT will not bother or cause harm to OWNER/AGENT, other tenants or other property owners. TENANT
shall cut store co F.OUSEES any flammable, hamrdoat or toxic substances or equipment without prior written consent
per2n(sl are the only ones authorized to oce py the PSMES. PLAINTIFF'S
?1 EXHIBIT
5. SECURITY DEPOSIT.
OWNS/AGENT has collected from TENANT a security deposit in the amoucc of t . This deposit shall be adarc:stered and arxwar:a
for a accord" vith the LacdlcMITenant Act of 1951, ms.ameaded. LMERIKENT air apply alt or pert of ?"_ANT'S security deposit as
reu.:rrsameat for any past due rent, late darm, liquidated damage !?es, loss. daaago or any other erpew is a result of 'EIANT'S default.
TENANT shall roraivrsa OWNi31AGrM the cast of all expenses„ damages and losses that earned the awnt of sac:ritt deposit .`.cold. TENANT Yltl
IM-3 CNSIOER THIS SECCRITT AUMT AS A RENT PATAENT.
TEIANT receipts for the following items and agrees to replace any Use lost, stolen or damaged.
7. DELIVERY OF POSSESSION.
If BRED AGENT cannot deliver possession of PNENIS5 to TEST at the beginning of the ten, the lease term will commence but the requiremen
par rent will cause until the PM1513 is ready for occupancy.
If NXERIAMT cannot deliver possession within _ days after coamenaement, Teneat may do me of the following:
a. ter inate this agreement and retrieve all sons paid to OYNPEB!AGENT.
b. wait until UdNERAOT can deliver possesion and start the rent payment a soon as Possession is treosfered.
C9NE L04T shall act be liable to TEMUT for damages due to inability to give possession to MOT.
8. UTILITIES AND SERVICES.
TEMANT agrees that utilities and services will be paid for as follows:
a. Heatint to be paid by S. G'
b. ClectricitT to be paid by S_ CT
c. Water Charts to be paid by . Cz
d. Sever Charge to be paid by
e. Cookint Gas to be paid by S• G
f. Hatu.e CullLdian to be paid by . S
C. Hot Pater to be paid by
b. Fun= Cleaning to be paid hr
i. Telephuce to be paid by S.&
;. Cable TM to be paid by S.G
k. Parking to be paid by -
1. Dater Softner to be paid br
a. Lawn Maintenance to be paid by d . U
n. Snow Removal to be paid by S,fX
a. Past Contral to be paid by B0jj
p. Lea! Callectica to be paid by
TE VT 9e.r* to as-vie respa-Mbility for the utilities and eerfices upon ncceptmac; of this atrvenent.
1frOUIC_MT reserves the right to temporarily suspend 1T2!2c-' utilities or other services for aalntmaance and repair purposes or to pr-:ac-
prcer.; frcx risk cr hare. CP.,aS!AGENr shall not be liable !or damage or iOx7 to TENANT, their family. guests and employees as a res,!t a;
sas;f-%icn cf a utilitr cr other rarvice. TIa!n shall cut use any utilities furmstad by CNNn'ii5E1T in a vastefal manner. If 111NER!!EETT
seppl.es electri iT to REM-M=-, use of hemvT dutT appliances and egaipmeab reaming the written c:sent of n.NNERIAGENT Mom irstallatix.
9. CARE AIND MAINTENANCE.
TENANT shall exsrcire die are when using PRA! ES, applimecas, fiAvres and all otter equipsect. TEU.MT shall pay, a additional rent, !
mc%-'E.t, fire or damage to PSaISS caused by T`tA1T, their family, guests mail employees. TERAt? will per up to per
all !amtenaoce required for PREHM. Upon expiration of this agrowsent, TENANT will surrender ;ossessioa of P.RFEIS"S to iN11ET!AGEii at =cd
ten m as good crdFr and repair as at the start of tbis agreement, wept reasonable wear and tzar. TENANT shall natify M TIAGM of f-?e
for any repair required. IEMANT shall comply with all established rules and regulations. TENANT will comply with all reauiresents set f_-t,
NNS'S!ASEIT'S L7,eck-Cut Procedure before vacating the PREMISES.
Chould ME1AGEMT !:rnlsh appliances at PSl.''Z TEMANT understands these appliancrs are not virrmted and CNNEI!AGEIT is at liable whm:r
for gar of UANT'S rrepmty damage or destrtyed s a result of a malfonntinning appiiance. should appliances naifunnticn, CdNpT/A6r"M. T tees,
the ortirn to repair appliances or remove them !rca PNENIM. Should P1NERlAGEiT remove appliances, TEIAMT understands they in responsible !
acquire their ova appliances.
TENANT swill asks curtain all firb rraventin and waning devices installed operate it all tines by checking and replacing hattaries on wale
dvtert.-F or rrchar-% tiro oxl.ir,-rasher canieors as ruquirrd. TERANT rhail not:!, INNER!AENT :»ediately at any device that aalfuncr;;.s•
lJi'vcij r TTJ PUPL17 S. 9BUNG - t? :.J
.. ... i .gnu WVUI-41111ta.
IR1.XT will not assign this agreement or sublet the PSEMM s morose without prior written consent of WK SIAGEMT. MM OT reserves the
' igbt to char-.9 a fee for consent. Aar attempt br TERLMT to assign this agreement or sublet the
hall be null and void and TEMAMT shall be in default of this agresnaL a„ cam: xrr, r- ;, r
[I. DESTRUCTION OF PREMISES.
ER 11` will we MI S!AGERT oral notice of any accident, fire or otter major damage that happens It the PWIM within t-_ beams of the
ccureace. TENANT shad l also report tar condition or circumstance that may cause in accident, fire or major danage immediately.
f PSETIISM is destroyed to the extent rendering it uninhabitable and destruction occurs through w fault or netlitenua of TERAMT, than this
treenot, shall tsramato immediately. MART will cow Paring rent, Yeasts the PMEMISM and transfer Paesessioa to CrMMAGERT immediately.
Iter Possession is transferred, MART shall be reimbursed for all prepaid an held by 1MMffSlAGERT less aiaouet oust to 1MMIEE/MW by MART.
f Pg'..._'mI= is Partially dexavd through nu fault or oulitsocs of TERM, UMMESISM has the option to 'restore PMEMMESS or terminate this
greement. 09!AEEMT will exercise their option br tiring MART written notice delivered br certified nil within X" days fruit the der
WERIAGE T received notice PRER ra S. had been damaged Should 01INSIAGEIT restore PREMISES, MUT shall authorize MP-19W or otter
uthtarized agents to enter PRE -5 for restoration pur arses. MART shall continue to hold fission of S MSS and coatings to per entire
amt amount less tLs amount calculated for the uninhabitable portion. If UMME8 LEE and TOW cannot iva on prorated calculation, thus TEMAXT
ball par thu fun l amount requested by UMXER!AGEMT and TE!IAMT has the right to rewrer disputed difference in a wort action.
YM ASW shell cot be liable for any TEIAKT'S loss. or damage whatsoever as a result of total or partial destiuction of PREMISES.
..2. DEFAULT.
he MART will have defaulted on this agreement if:
a. TEMAXT fails W per rent or comply with all the conditions of this agreement and the conditions outlined in Rules and Regulations.
b. MART dive(es the PREMISES. . '
C. TERM fails to take rmussiw at the start of the lease ten.
d, TEMAXT (ails to cove ttosselves and their personal property frog PREMISES at the end of the Lora.
e. TEMAXT Gyps fraudulant information an the rental application.
f. TEMAXT abandons the premises.
.0. OWNER/ AGENT REMEDIES.
f TEST defaults, NVER/AEr II mar do our or all of the following:
a. teninate ::is '"sent inedietaly with RU PRI^a QS TMAL RUTICE M QUIT REQUIRED.
b. char-.9 TEMtMT a t &5 QOliquid" damage fee for each lease ricistica.
e. [slat FFVU i to aitilsta daaaees without relearn TMW f :'a liability to per all lost rent.
It. sea W rec•Pr the entire rent tesisacs for the acerind lease ten.
e. no to mxr=r rwzmico of PREZIau with KU PR!M nu iUMUL XUTICE TO QUIT SEQUIM.
sae to reccrer unpaid rent, late charges, liquidated damage fees aed!or property damages.
sue to recvvr all wnsequeotial ex•,rrses, damages, losses and reasonable attorney fees as a result of MART": wfault.
1ME'.iAE-r, ,`,as tGa -i;tit at am time to require strict r-Mliance at all tans and conditions of this agrment. Any ^?duct vhats erer br
fM*'AMT ttat ear :e construed as requiring anything less than An complinee shall not create a ratos nor modify tts tarts an =,ticns
t tl;is eement. r? r? RM-113 M1 BE CSBUI ITIFE AMB COMM.
.4. RIGHT OF ENTRY.
MIE+?A5?T and otter iuthorized agents will have the n t to enter FMISES at reasonable times for inspecticn, maantscance and shout , reasons.
11E%`ASaT will do cs of the following before entering PRE!M
L five oral notice to Mat I days in advance,
b. Post vr;t1Al cotica on Cs entrance door I_ days in advance.
I case of eler(errT, NKER/AGERT and other authorized agents '.9ve the -;;M to enter PREfiSES llmediatall vatout pr;c- ;ce.
_ rs?
? . INSURANCE.
Owner'sikeeut's insurance policy does not corer TENANT"o property. TENANT should get a renter's insurance policy to corer their personal
property. 11 TENANT does anything to cause Owner'slAgent's insurance policy to increase, TENANT will pay all increased insurance costs.
16. RELIEF FROM LIA$ILIT1.
TENANT relieves VAERIASENT frog liability for all injury or duals to TENANT, TBANT'o property, TEMANi'o fsmily? :nests and employees an or
about P.REmIM arising frog aeglifence ar intentional acts of MIERIASENT or acts by third parties. 01101AGENT will not be liable whatsoever for
any injury or damage caused by ester that may look into the PIZENIM.
17. RETURNED CHECKS,
TENANT will pay VM/As. T a f at) h0 liquidated dextee fee for add' check returned by our bad far any reason. Tf bank made an error,
there will be no charge if P1NEV EENT receives back's written acknowledgement.
16. PETS.
TENANT will not keep any pet on PRENI10 without prior written consent of 0NNE811GENT.
19. The charge for an extra person is 10%.
20. TENANT WAIVES ALL NOTICE T(1 q(tTT un?l TpEMENTS.
21. The fee for OWNER/AGENT picking up the rent in person is $5.00. t
22. This building was constructed prior to 1978 and the presence of lead is a possibility. I have received a brochure on
lead hazard. sl /U '`-C,
23. The last day of the month is the 20th. If you have not paid your rent by this date, you will now owe two months' rem,
plus a late payment. This lease may be terminated for repeated late payments.
This aereement is approved and enterwd into this i day of /-(. W 19 at /7k L2,ua41s .,-//.'0 7 4jV
The dersgn-4 7MILMS1. mCWT add steen!lr liable, understands, agrees to and accepts all conditions imposed. $. (t
r /)-f /v &Ual AOry/-
! ERIAEwT 7 DA TENANT DATE
e- . A4 si
TENANT DATE
THIRD PARTY LEASE GUARANTEE
no undersagare irdiridualisl, all joictly and severally liable, join in the execution of this lease agreement and o.arantee the mrforsen:e of
all terns and corditic.s c: lhis lease agrrement. This guarantee shall contacue thrc:ghwt the life of the lease incl_dan; extenstions or
ccntiarations and shall cot ;rant the cocersigned any rights to occupy the PRE".W without written consent of ONNe!iSENT.
1N011'IDLUL DATE 111111 1111.1
PIT
y..
V
?I
I
-77
?' c r „
21
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-07825 P
COMMONWEALTH OF PENNSYLVANIA
COUN'T'Y OF CUMBERLAND
WALTER ET AL
VS
SOPENSKY JOHN ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
SOPENSKY EMILY but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
the within named DEFENDANT SOPENSKY EMILY
DEFENDANT EMILY SOPENSKY IS DECEASED.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
nn
1 V V V
NOT FOUND , as to ers
So ans
R?. Thomas Kline
Sheriff of Cumberland County
ROSENBAUM & ASSOCIATES
11/08/2000
Sworn and subscribed to before me
this /y? day of /U?
Jo-rD A. D.
Pro Ylonotary ?-
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-07825 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALTER ET AL
VS
SOPENSKY JOHN ET AL
HAROLD WEARY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
SOPENSKY JOHN the
DEFENDANT , at 0015:15 HOURS, on the 7th day of November , 2000
at 30 EAST MAPLEWOOD AVENUE
MECHANICSBURG, PA 17055 by handing to
JOHN SOPENSKY
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.20
Affidavit .00
Surcharge 10.00
.00
34.20
Sworn and Subscribed to before
me this lye day of
jl.cnx u. o? O? A. D.
C1.?r
P othonotary
So Answers ;
R. Thomas Kline
11/08/2000
ROSENBAUM & ASSOCIATES
By:
Deputy She ff
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-07825 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALTER ET AL
VS
PENSKY JOHN ET AL
HAROLD WEARY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PAUL JOHN SOPENSKY
the
DEFENDANT , at 0015:15 HOURS, on the 7th day of November , 2000
at 30 EAST MAPLEWOOD AVENUE
MECHANICSBURG, PA 17055 by handing to
SOPENSKY (SAME PERSON AS PAUL JOHN SOPENSKY)
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this jj day of
11,4 ? o2- y? A. D.
? RO 1 )? ????J
Prothonotaay
So Answers:
1-a?-
R. Thomas Kline
11/08/2000
ROSENBAUM & ASSOC.
By: f
Deputy Sheriff,//
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-07825 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GOOD WALTER ET AL
VS
SOPENSKY JOHN ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
SOPENSKY PAUL
was served upon
the
DEFENDANT , at 0015:15 HOURS, on the 7th day of November , 2000
at 30 EAST MAPLEWOOD AVENUE
MECHANICSBURG, PA 17055
by handing to
JOHN SOPENSKY (SAME PERSON AS PAUL SOPENSKY)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /V-tr, day of
e?vuz? A.D.
othonotary
So Answers:
R. Thomas Kline
11/08/2000
ROSENBAUM & ASSOCIATES
By:
?
eputy Sheri
f!
e :y
Major Jury.
Hearing on assessment of damages is required.
DSENBAUM & ASSOCIATES, P.C.
Jeffrey M. Rosenbaum, Esquire - ID #51719
18 Market Street, Suite 3200
ladelphia, PA 19103
5)569-0200
Attorneys For Plaintiff
LTER GOOD and SARAH GOOD, h/w
State Street, West Fairview, PA 17025
iHN SOPENSKY
East Maplewood Avenue, Mechanicsburg, PA 17055
,UL JOHN SOPENSKY
East Maplewood Avenue, Mechanicsburg, PA 17055
'`EMILY SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
and
PAUL SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
i'
66AVISO"
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL TRIAL DIVISION
NUMBER
6V - -7?aS
'Youhave bem sued in court If you wish to defend against the claims setforth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by emeriaga written appeemncaper amayorby atmmey and filing an writing with the court yourdefecome m objections to the
claimssetforlhagamatyuu. you am wanted that ifym fail to do so the case may proceed without you and ajudgmmtmaybe entered apinst you by the court
without further come for anymmey claimed in the complaint or for anyother claim orreliefrequestedby the plaintiff You may lose moneyorpropertycrothm
rights impormatm you.
'YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDONOT HAVEA LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGALIffi3.
LAWYER REFERRAL & INFORMATION SERVICE
Two Liberty Avenue
Carlisle PA 17013
(717) 249-3166
h
Major Jury.
Hearing on assessment of damages is required.
ROSENBAUM & ASSOCIATES, P.C.
By. JEFFREY M. ROSENBAUM, ESQUIRE- ID #51719
1818 Market Street, Suite 3200
j Philadelphia, PA 19103
(215) 569-0200
WALTER GOOD and SARAH GOOD, h/w
214 State Street, West Fairview, PA 17025
is
j !VS.
i JOHN SOPENSKY
I 30 East Maplewood Avenue, Mechanicsburg, PA 17055
and
PAUL JOHN SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
and
EMILY SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
and
PAUL SOPENSKY
30 East Maplewood Avenue, Mechanicsburg, PA 17055
Attomeys For Plainti
ff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL TRIAL DIVISION
NUMBER
Code 2S -- Premise Liability - Com-kh-irlt In Civil. Action
1. The plaintiffs, Walter Good and Sarah Good, are husband and wife, residents of
the Commonwealth of Pennsylvania, residing therein as captioned above.
2. The defendant, John Sopensky, is an adult individual, and a resident of the
s
Commonwealth of Pennsylvania, residing therein at the above address.
I 3. The defendant, Paul John Sopensky, is an adult individual, and a resident of the
k
r,
Commonwealth of Pennsylvania, residing therein at the above address.
4. The defendant, Emily Sopensky, is an adult individual, and a resident of the
Commonwealth of Pennsylvania, residing therein at the above address.
5. The defendant, Paul Sopensky, is an adult individual, and a resident of the
Commonwealth of Pennsylvania, residing therein at the above address.
6. At all times relevant hereto, the defendants owned and/or operated and/or
controlled, and had the duty to maintain the premises involved herein.
17. At all times relevant hereto the defendants, acted through their agents, servants,
II
workmen and/or employees, who were acting within the scope and course of their
employment and the doctrine of Respondeat Superior is invoked herein.
At all times relevant hereto all defendants were acting as the agents, servants,
workmen and/or employees of all other named defendants.
At all times relevant hereto, defendants, John Sopensky, Paul John Sopensky,
Emily Sopensky and Paul Sopensky, had under their care and direction the
supervision, control and maintenance ofthe premises located at 214 State Street,
Enola, Pennsylvania, and it was the defendants' duty to keep and maintain said
premises in a reasonably safe condition.
10. On or about January 23, 1999, at or about 2:00 a.m., a dangerous, negligent
and/or defective condition existed on the premises as aforesaid and the
defendants knew or should have know of the existence of same.
i
111. At all times relevant hereto, plaintiffs leased the aforesaid premises from the
11 defendants.
12. On the aforesaid date, the plaintiff, Walter Good, was lawfully upon the
defendants' premises at 214 State Street, Enola, Pennsylvania, when by reason
of the negligence of the defendants, he was caused to slip, trip and/or fall down
the stairs of the premises, as a result of which the plaintiff suffered serious,
painful and permanent injuries as more particularly hereinafter set forth.
i
13. Said accident was caused solely by the negligence of the defendants, John
Sopensky, Paul John Sopensky, Emily Sopensky and Paul Sopensky, aforesaid,
as follows:
a. Failing to maintain the premises, stairs and hand railing in a safe and
reasonable condition for the persons such. as the plaintiff using said
premises;
it
b. Failing to reasonably inspect said premises, stairs, and hand railing to
ascertain the existence of the negligent condition when defendants knew
or should have known of the existence of said negligent condition;
C. Failing to warn persons on the premises of the negligent and/or defective
condition;
d. Failing to properly and adequately repair said defective condition;
e. Negligently allowing said defect to remain on defendant's premises;
f. Causing said defective condition;
g. Failing to respond to request to repair said defective condition;
h. Failing to properly and adequately maintain said hand railing and stairs;
i. Negligently removing said hand railing; and
j. Failing to replace said hand railing in a timely manner.
COUNTI
PLAINTIFF. WALTER GOOD V. ALL DEFENDANTS
The plaintiff, Walter Good, incorporates by reference herein the allegations
contained in the preceding paragraphs of this Complaint as though same were
fully set forth at length herein.
?t
15. At all times relevant hereto defendants knew and/or should have known of said
defective condition.
16. Solely because of the negligence of the defendants acting as aforesaid, the
plaintiff was caused to sustain serious physical injury in and about the person,
i
including but not limited to a laceration to his scalp laceration, head, ribs, back,
neck, shoulder and toe, and was or may have been otherwise injured, whereby
plaintiff has suffered and will continue to suffer in the future.
17. Plaintiff avers that the injuries sustained are of a permanent nature and
character.
18. By reason of the negligence of the defendants acting as aforesaid, the plaintiff
was hindered in and prevented from attending the plaintiffs usual duties and
occupations, all to the plaintiffs great financial detriment and loss.
19. By reason of the negligence of the defendants acting as aforesaid, the plaintiff
has been and may in the future be required to expend various sums of money for
medical expenses and treatment of the injuries as aforesaid.
WHEREFORE, plaintiff, Walter Good, demands judgment against defendants, John
, Paul John Sopensky, Emily Sopensky and Paul Sopensky jointly and
in a sum in excess of FIFTY THOUSAND ($50,000.00) DOLLARS.
COUNTII
PLAINTIFF .WALTER GOOD V. ALL DEFENDANTS
"20. The plaintiff, Walter Good, incorporates by reference herein the allegations
contained in the preceding paragraphs of this Complaint as though same
were fully set forth at length herein
s?
21. At all times relevant hereto plaintiff leased the aforesaid premises from the
defendants and the Residential Lease Agreement is attached hereto as
Exhibit "A".
22. Defendants breached their obligations to the plaintiff under said Residential
Lease Agreement in failing to maintain the premises as safe and habitable.
•23. Defendants breached their obligations to the plaintiff under said Residential
t
Lease Agreement by failing to inspect, maintain, repair and/or replace the
i
3
stairs and hand railing.
i
y
WHEREFORE, plaintiff, Walter Good, demands judgment against defendants,
John Sopensky, Paul John Sopensky, Emily Sopensky and Paul Sopensky, jointly
and severally, in a sum in excess of FIFTY THOUSAND ($50,000.00) DOLLARS.
COUNT III
SARAH GOOD V. ALL DEFENDANTS
24. The plaintiff, Sarah Good, incorporates by reference herein the allegations
contained in the preceding paragraphs of this Complaint as though same
were fully set forth at length herein.
Plaintiff avers that she is the spouse of plaintiff, Walter Good.
As a result of the aforementioned occurrence, said plaintiff has been and may
in the future be required to expend various sums of money for medical
services, medicines and/or x-rays in an effort to treat and cure the spouse of
the injuries sustained in the occurrence and has incurred or may incur other
losses for which she is entitled to be compensated.
27. Further, by reason of the aforesaid, said plaintiff has been deprived of the
I
assistance and society of the spouse, all of which has been to the great
financial damage and loss of plaintiff.
WHEREFORE, Plaintiff, Sarah Good, demands judgment against defendants,
.i
? ohn Sopensky, Paul John Sopensky, Emily Sopensky and Paul Sopensky, jointly
and severally in a sum in excess of FIFTY THOUSAND ($50,000.00) DOLLARS.
ROSENBAUM & ASSOCIATES, P.C.
By:
Joey M. Rosenbaum, Esq.
Attorney for Plaintiff
Date:
TgLiE C,,?.Pa
in 7esl ny vvhsrcof,I here unto s^t my hand nd
saad 31?e Seat of sa`:d court at Carlisle, Pa.
U
7, tas' - --_- day of...`l>.........,
Prothonotary
s^
?? 3
VERIFICATION
Jeffrey M. Rosenbaum, Esquire, hereby states that he is the attorney for the
Plaintiff in this action and verifies that the statements made in the foregoing
pleading are true and correct to the best of my knowledge, information and
belief. I understand that false statements therein are made subject to the
penalties of 18 PA. C.S. Section 4904 relative to unsworn falsification to
authorities.
ROSENBAUM AND ASSOCIATES,
By:
JEFFREY M. ROSENBAUM, ESQ.
Date:
Y - RESIDENTIAL LEASE AGREEMENT
This agreement lade this ` dap of , lB Gj2, between Linn ^ll'4Fa7e WQg
hereafter called 9111ERFA6ENT, and n0 , ,a . 1e?1 a J"% C-r(!(?1 , hereafter called TENANT.
1. LOCATION.
TENANT lases from DNNER/AGENT, bit No. located it a 14 S'tk_ 17?
Gitr of £pp? ?_ , rmaty oQ ....,. n,r, a , 6tate.ot 10,. , hereafter called P90M.
2. LEASE TERM.
The tars begins on the day of , 1B and uds oa teas der of
Either party may terminate this agrees ot a tte end of the ten by aria: the otter part, at a::L%ls notice delivered by
certified mail. If notice is not given or is late, this Wooled will eo etimu without re-euwtim upw the sue tens and eooditioas ss in
force immediately before sad of the ton. This agreement will not matouticallr cations at mad of tan if•MUT is in default of this
atremaeat.
Should TENANT desire an early release from this agromment before the and of the tan, MW may do so if.
a. TEMANT lives SEAM at le&dW days written notice prior tan the data TENANT desires to mate and be released.
h. TENANT pays in full all rents and charges due to the date TENANT vacates PREMISES.
c. TENANT pays WER1ASENT at the Liza notice is gives, the sua of 6 as consideration for allowing TENANT early release
from this lease aereeaent.
0o REST;
Rent for the entire tars is
payable in p percents of Aznn 1NNam Ia tits M
IN 310CE WMIGUT DUAND an the -L- day of each crinn2ib but paysents will be ccw at gll to:
If payment is maizled, the envelope's postmart will Ib used to daterx= the data who root is actually paid. If TENANT fails a per t1NNEQlAGENT
tta rent hr the S.' day altar the doe date, T;Y.ANT ibises to pay NAWASENT a fate chmrte of t Y;b.QO as liquidated daaeaes for Iota
paymnt of rant. If DNNE4:aw saes not rerotre TENANT'"a rest Pont-.,. br the day after the dw date. the root for te satin ten shall to
ismedistsir due and parable from TENANT and collectable by DNNE?efUM.
4. USE OF PREMISES.
PN:.'IM will to used as a private residues only and will not be used for any charitable or bma pes.''Meg purpose witls..t prior written
ceasent of DNNEJAfM. TENANT shall comity with ell Feral. State and Local lase, rettlatiaas and oadice%= CuTutly is farce or oteted
after the commencement of this streesent. TENAIIT will not bother or "muse tun to =MAW, other temmts or other peepertr owners. TENANT
shall mot stare on PSENIM may flenable, 11::21rdow or toxic sobstaeres or equipamt wittiest prior written mot.
WSM(sl ire the only onto matbmud to oCGpr the PSEm35m. - rol . d4._
5. SECURITY DEPOSIT.
IINMEW has ecilected from TENANT a soc:ritr deposit in the noen, of r . This deposit shall be ado:::stared and arx:ewaea:
for is accordance vith the tacdicrdlTenant Act of IMI, is. needed. all3itfiENT mar applr all or part of Tr_.ANT'S stcur:tr deposit ae
raamrornmea for any past due rent, late cbarves, liquidated damage fees, loss, damage or may other expense as a rasait of n.3&KT'S.defwlt.
TENANT shell roaaivrsm OMM'Yc T the cost of all empeasta, damages and laces that eased the twat of sxaritr deposit hold. TENANT N1L
ISS XXIDa 11IS SEci:'JSITT ! c?TI AS A MIT pAnOT.
/ TENANT rwairts for the loi loving items and agrees to replace w7 item lost, stolen or damaged.
7. DELIVERY OF POSSESSION.
If (IMER/AGENT cannot doliTer possession of PNPJIISES to TENANT at the beginning of the tan, the isase tern will commence but the requirsee:
per rant will cease until the PMISS S is ready for occupancy.
If ONNERfAGENT cannot detiyer possession within _ days after commencement, Tenant any do emm of the following:
a. beninato this agreement and retrieve all sees paid to ONNETt/AM.
b. wait until WNERIAEfT cod deliTW possasion and start the rent PIimeet as wan as possession is trassfareai.
fPatVIER NT shall not be liable to TENANT for dammges due to iaabilibr to Lire possession to TENANT.
8. UTILITIES AND SERVICES.
TENANT agrees that utilities and ssrvicas will be paid for as folloss:
a. Heating to be paid by S. G i. Telephone to be paid by SG'
b. Electricity to be paid by LT j. Cable TN to be paid by S.G
c. Hater Charge to be paid by °r k. Parking to be paid by
d. Gewor Charge to be paid by I. Voter Saftoer to be paid by
e. Cooking Gas . to be paid by u. Lawn iatrtanancn io be paid by
1-
Ho!u:e Culls=.iioa 1
to ha did by . ?
n.
Snow paaoee!
"® l;a paid byj
g. Hot S'aLer to be ,:and by J. Pest Control to be paid by IiAVI
b. Purnaco Clewing to be paid by ® p. Leaf Collection to be paid by
TERM +g:?ee to wivie respcvribilit7 fur the utilities and rorRcos upon G=VUcw of this agrremnnt.
G4ER.'i4r3-T reserves the right la temporarily suspend PP_LM' utilities -- other services for nantenance and repair purposes or to m.!m:
pr .nT Erns rsk :: hurt. 994 IAGE't. y shall nnt be liable !or dame or inim to MAXT. their !aailr.:_Tats and eaplarms as a result c
sasrar-slam of a utility or Other :anics. TEA y shall nut se air utilities far_i--L-d by UNIT-716"M in a wasteful sarmer. If O?Ma?115MM
supplies electricity to PSrI!.r, use of heavy duty appliances and equipmmb requires the writtan .:.sent of Oa IAEM MOST irstallati_c
9. CARE AND MAINTENANCE.
MANT hall eer:re &,s can when using pmF3, appliances, fixtures and all other equipment. MANT shall par, as additional rent..!"
aG ant, fire or dilate to M T,;= caused by TENANT, their family, .wants and eapicim. . TENANT will per up to t per vmtt
all sustenance reuired for P.L_wl B. Upon emintion of this agrmmmmt, TENANT will surrender possession of MISS to LVER/AGENT at rd
tun is as good order and repair as at the start of this agrement, escepb reasonable war and taar. TENANT shall Witify ONNES/AGENT of !he
for mar repair required. TENANT shell ccspi7 with all established rules and retulaticus. TENANT will comply with all requirements set !mt:-
WMES'StAGEIIT'S Checi-Out Procedure before vacating the PNE1115ES.
should t:NETIAGERT !smrsb appliances at MUM, TENANT understands these.applisaws are not virysated and ONNER/AGOT is not liable whom
for any mf MI ANT'S property damaged or destroyed as a result of a malfwectlonmg mi:amcs. Should appliances malfunction, MElL(M T t•'so
the ert•tm to repair appliances or remora them from MISS. Should WNES!AGENT [-aura appliances, 1ENANT understands they are responsiMe
eugenic their own appliances.
TENANT stall asks curtain all fire provential and waning devices installed operate at all times by checking and miacine batteries on site
diner!.- or rochar!:=g !ire ertt:sarshur canisti'rs as mqutrrd. TENANT :bill ontt!y CMES/AGENT immediately of any device that mmlhx: ;^s
t72yR1.:T '.".`.q pF{PL! S. 9EAUNG - L?':ll
..ww ?...... r,uy lieu uVLLLllllyp. .. I Tii.•,•'
FSAN1 will out assign this agreement or sublet the PReIIETS to enyane without prior written consert of W1131AGM. t'ee?lAGW
. reserves the
`igtt to chars a fee for consent. Aar attempt by tE.9ANT to assign this wtressmat or sublet the P1Et1W vittout vritten an vat of CA WAWT
hull be null and void and TEMAIT shall be in default of this agreement. r, ;r.:,
ll. DESTRUCTION OF PREMISES.
B W will give MER AGFM. T oral notice of my accident, fire or utter ajar damage that happens et the PMSM within -LA, brim of the
trrrence: TENANT shall also report am condition or circumstances that ver nown accident, fire area* damage immediately.
' ".° .: -....L.1 :7n 75.:1 :e•.,y .. ? ....
f PREBISM is dastrared to the extant randerinew it uninhabitable and destrantioa aeeors bhtvmgh no fault or wilitenee of TEMAMT, than this
emient shall tsrsinto immediately. TEMANT will amw paring rent, crate the PREIM and transfer P ima to G11EMlum inedistalT.
Iter Fossvismon is transferrad, MART shall be reimbursed for all prepaid seas held by WMFSIAM7 leas amount aced to 1MI1P9 U MT by ow.
f PPOIS is paatimlir damaged through an fault or seglibace of TaINi, GN WAGW bas the optics to ieestoie PMBtlL? or bersinste this
freevent. De11SIS IT will exercise their optics by giving 18MAMT written notics delivered br certified nil within 4q*_ days Iras the der
i1 M SM received =tics PRMISM bad hem damaged. Should WMER/AG Mt restore PMEffiSES, TEIAMI shall ntharixe WE+fRW or otter
utborigsd agents to enter PREatM for restoration par eses. TESANT shall continue to hold possession: of pREiz and mutioaw to per entire
not amount less the .vaunt calculated for the uninhabitable portion. If MFR/IM ad MW cement igree ao prorated calculation. than TEMAIT
hall pay the full amount ragwestad by WERIAGEIT and MIW'hmm the right to recover disputed difference in a court action,
y1E11Gef shell not be liable far my Mar's loss or damage whatsoever as a result of total or partial destmctiao of PREMISES.
.2. DEFAULT.
i he TEMANT will hive defaulted an this agreement il:
e.
? b.
e.
d.
a.
U.
_ 3_
TE.MANT fails to par rent or coapiy with All the conditions of this agreement and the conditions outlined id gales and GegulaLians.
TUANT damages the PRE110.
TEMANT fails to take possession at the start of the lease tats.
TENANT fails ton nave ttmaselves and their parsonul property frau PREUISES at the end of the Psrl„
iEVANT gives fraadulant infornatioa in t,ho .•ootal appliontian.
TF_'tANT abandons the prenises.
OWNEz/AGENT REMEDIES.
f M-M defaults, rNS- AGEMI mar do any or all of the following-
a. tarsinats "'is agreement immediatalr with NO PSI 3 FDRNAI. NOTICE TD WII UNIRE9.
Is. thar.9 1'9W a t A5 Z liquid" damage fee for each leave violation.
A. plat PM to sitigate damages without nleaml;- MW L-m liability to per dl last rent.
d. ma to rv=Pr the entire rest balance for the maesired feria tan.
e. sea to r:2T=r possessim of PSE. lm With Na PRMS 3 Fam =M TD WIT =1W.
!. sue to wryer anpoW rent, late charges, ligeidatad damage isms and!or pijertT dug.
s.
sue to recTer all cc me"Pntial egWas, devales. Icsmees and ,pamneble attorney fees IS a result of "l-ANT'S :afaa!L
JIM'A6-3T has tta ^ght at ear time to require strict cspiisace of a!1 tens and conditions of this agreement. Any caan?sict wtiatscevar !T
AC.lis T that say `a construed as requiring inrtbing !ems than stric. compiimma shall not ceaa a rate. nor sadi!T tte terms ac : aitirns
I lips agreement, u W R E+IES iz.AL BE MiuIVE AMD MCNAREMT.
.4. RIGINT OF ENTRY.
tC%!AS T end otter awtharixed agents vi it have the ri t to enter R-2151 M at reasonable times !or inspecticn. nintan=9 ad sim-le reasons.
i'ME+IAc3IT will ra ;-:a of the follawing before entering PRISES.
a. give oral notica to TE!ANT I days is adesna.
b. Post yr tt;a actico an the entrance door ?L days is advance.
I case of emergent-; :NNESIAGEIT and other authori.rd agents have the -::."t to enter FMISES ueadlalaly without rrnr -::ice.
.M..=' :?7j C:,i? n iris -v; ..-r-i
47...
? 1. INSURANCE.
Dwaer'slAgent's insurance Policy dues not corer TEIANT'G property. TENANT should get a renter's insurance Policy to cover their personal
Property. 11 TENANT does anything to cease Owner's/Atent's insurance Policy to increase, TENANT will pay all increased insurance costs.
Ae 16. RELIEF FROM LIABILIT?.
TENANT relieves (TINES/AGM frog liability for all injurr or duets to TENANT, IEIANT'G property, MIANT'"o fuiI7, guests and upioyess on or
about P.Scai M arising frog asglitsrlce of intenrtioonl acts of ONNEIAGENT or acts by third Parties. INNPS/AGENT will not be liable whatsoever for
any ia* or duets ceased by water that ui leak ilao the P010.
17. RETURNED CHECK?S.
TOW will pay ONNES/AGE[i a 1 AC) hQ liquidated daises fee for any check returned by env bank for or reason. If bulk ads an error,
there will be no cbarga if NNE1/AGENT receives beak's written actnowledgeault.
18. PETS.
TENANT will got keep any pet on PREMM' without prior written consent of.ONKWAGENT.
19. The charge for an extra person is 100/6.
20. TENANT WAIVES ALL NOTICE Tn 0117 aT:n1lTDEME.NT;,
21 . The fee for OWNER/AGENT picking up the rent in person is $5.00. T
2-9. This building was constructed prior to 1978 and the presence of lead is a possibility. •. have received a brochure on
lead hazard. ^ _-'??
23. The fast day of the month is the 20th. If you have not paid your rent by this date, you will now owe two months' rent,
plus a late payment. This lease may be terminated for repeated late payments.
This agreeaent is approved and entered into this I 'J? day of A, G- 19 -2X It 177f LlOwaa /a k //.'0 7
TLI, ,_darsi:nal M%MTisi, ;-intly end s5rera11T liable, understands, agrees to and atupts all conditions iapoud. $. (T
QYy.EaldT DA T?1NI GATE
TENANT DATE
THIRD PART LEnSE GUARANTEE
Tbo vnde mitnro irdir:d_slisl, all ;uintly and semrailr liable, Join in the execution of this lease s;maent and ;:grantee the rerferecco of
al! Was and ecrditicrs of !hu !rise agr^eeent. This guarantee shill comti_ie thrrief t the life cf the lease ix!:ding agtemstions or
ccntia:ations and stall r : ;rant t•he c"_erslg.'e.•d any r.ghts to omupy the PW.!MS without written consent of OM!AEENT.
1N0!v1515lt DATE 19PR'IM41 N1T
am
®MR
d
?V
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY
and PAUL SOPENSKY,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
PRAECIPE
Enter the appearance of Karen S. Coates, Esquire and the law firm of Thomas,
Thomas & Hafer, LLP as counsel for Defendants John Sopensky, Paul John Sopensky, Emily
Sopensky and Paul Sopensky in the above-captioned matter.
THOMAS, T AS & HAFER, LLP
Karen S. Coates, Esquire
Attorney I. D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: November 16, 2000 Attorneys for Defendants
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
THOMAS, TI40MAS &JkA?FER, LLP
Esquire
Date: November 16, 2000
:114349.1
1"m lowl w I I I Romp I mw?,
, PRO
ROSENBAUM & ASSOCIATES, P.C.
By JEFFREY M. ROSENBAUM, ESQUIRE - ID #51719
1818 Market Street, Suite 3200
Philadelphia, PA 19103
(215) 569-0200
ALTER GOOD and SARAH GOOD, h/w
SOPENSKY
JOHN SOPENSKY
SOPENSKY
SOPENSKY
PRAECIPE TO SUBSTITUTE VERIFICATION
THE PROTHONOTARY:
00-7825 NUMBER
Kindly substitute the attached verification with that of
with regard to the Civil Action, the original of which
filed on November 3, 2000.
Attorneys For Plaintiffs
C,,Mbeda,r
-?MlADEL1*fM COUNTY
COURT OF COMMON PLEAS
CIVIL TRIAL DIVISION
and ASSOCIATES
By:
JEFFR Y M. ROSENBAUM, ESQUIRE
Attorney for Plaintiff
VERIFICATION
i
i
I verify that the statements made in the foregoing Civil Action Complaint and
lany attachment thereto are true and correct to the best of my information and belief
understand that false statements therein are made subject to the penalties of 18
C.S. Section 4904, relating to unsworn falsification to authorities.
00 61
Walter Good
cJ? G
Sarah Good
r... -
?:l ;
r: c_: :^
_?,_
??
,
?
`- ? -
?yc _.
?'
- -
-
? -
c ..
,
3
.. '??+°M?,,, ?.... YY}? ....uSh.MI1i?ss;.F?R'4??ht xxa iaSnTYl'.x+_kFxM cw-..:,,::. •,:: rrrx?5rti'a?rcF»+ANG3`%d,.nY Vf 4 "`?:a¢!??wy?MY4N
l? I
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I. D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiffs Walter Good and Sarah Good, h/w
c/o Jeffrey M. Rosenbaum, Esquire, their attorney
You are hereby notified that you are required to respond to the enclosed Answer
with New Matter within twenty (20) days of service or a judgment may be entered against
you.
Date: December 21, 2000 Attorneys for Defendants
Attorney I. D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
ANSWER TO COMPLAINT WITH NEW MATTER
1. Admitted.
2. Denied. It is denied that an adult individual named "John Sopensky" resides at
30 East Maplewood Avenue, Mechanicsburg, Pennsylvania 17055, and proof is demanded.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part and denied in part. The averments of Paragraph 6 are admitted
to the extent that at all times hereinmentioned, the premises at 214 State Street, West Fairview,
Pennsylvania, were owned by Defendant Paul John Sopensky. The remainder of the
averments are specifically denied since they constitute legal conclusions to which no response
is required, By way of further answer, it is specifically denied that at all times herementioned,
Defendant Paul John Sopensky, as owner of the premises at 214 State Street, "operated,"
"controlled," or had the duty to "maintain" said premises and proof is demanded.
7. Denied. The averments of Paragraph 7 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that at all times relevant
hereto, Defendants were acting through their agents, servants, workmen and/or employees,
who were within the scope and course of their employment and/or that the doctrine of
respondeat superior is applicable in the context of this action and proof is demanded.
8. Denied. The averments of Paragraph 8 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that at all times relevant
hereto, Defendants were acting as the agents, servants, workmen and/or employees of all other
named Defendants and proof is demanded.
9. Denied. The averments of Paragraph 9 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that at all times relevant
hereto, named Defendants were responsible for supervising, controlling and maintaining
premises located at 214 State Street and/or that it was Defendant's duty to keep and maintain
said premises in a reasonably safe condition. At all times hereinmentioned, Plaintiffs were in
possession of the premises pursuant to a residential lease entered into on August 25, 1998.
Thereafter, the property owner was a landlord out of possession and owed no duty to the
Plaintiffs with respect to open and obvious conditions existing inside the premises, which were
being utilized in their entirety as a private residence by Plaintiffs.
10. Denied. The averments of Paragraph 10 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that on or about January
23, 1999, any "dangerous, negligent and/or defective condition existed on the premises" and
proof is demanded. Furthermore, it is specifically denied that Defendants had actual or
constructive knowledge of the allegedly "dangerous, negligent and/or defective condition" and
proof is demanded.
2
11. Admitted.
12. Admitted in part and denied in part. It is admitted that on or about January 23,
1999, Plaintiff Walter Good was lawfully upon Defendants' premises. In fact, Mr. Good and his
wife were the sole occupants of the premises pursuant to the terms of the lease agreement
entered into on or about August 25, 1999. The remaining averments are specifically denied as
they constitute legal conclusions to which no response is required. By way of further answer,
the averments are specifically denied since after reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to the truth of the averments and
proof is demanded.
13. Denied. The averments of Paragraph 13, including subparagraphs (a)-(j)
constitute legal conclusions to which no response is required. By way of further answer, it is
specifically denied that Defendants were negligent in any manner whatsoever and/or that any
conduct on the part of the Defendants resulted in the injuries alleged by the Plaintiffs.
Moreover, it is specifically denied that Defendants were negligent in:
(a) Failing to maintain the premises, stairs and hand railing in
a safe and reasonable condition for the persons such as the Plaintiff
using said premises, and proof is demanded;
(b) Failing to reasonably inspect said premises, stairs, and
hand railing to ascertain the existence of the negligent condition when
Defendants knew or should have known of the existence of said negligent
condition, and proof is demanded;
(c) Failing to warn persons on the premises of the negligent
and/or defective condition, and proof is demanded;
(d) Failing to properly and adequately repair said defective
condition, and proof is demanded;
(e) Negligently allowing said defect to remain on Defendant's
premises, and proof is demanded;
(f) Causing said defective condition, and proof is demanded;
3
(g) Failing to respond to request to repair said defective
condition, and proof is demanded;
(h) Failing to properly and adequately maintain said hand
railing and stairs, and proof is demanded;
(i) Negligently removing said hand railing, and proof is
demanded: and
(j) Failing to replace said hand railing in a timely manner, and
proof is demanded.
COUNTI
PLAINTIFF WALTER GOOD V. ALL DEFENDANTS
14. Paragraphs 1 through 13 of Defendants' Answer to Plaintiffs' Complaint are
incorporated herein by reference.
15. Denied. It is specifically denied that any defective condition existed on the
premises of 214 State Street on or about January 23, 1999 and proof is demanded.
Accordingly, it is also denied that Defendants had actual or constructive knowledge of the
allegedly defective condition and proof is demanded.
16. Denied. The averments of Paragraph 16 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Defendants were
negligent in any manner whatsoever. Furthermore, with respect to the injuries allegedly
sustained by Plaintiff Walter Good, the averments are specifically denied since after reasonable
investigation, Defendants are without knowledge or information sufficient to form a belief as to
the truth of the averments and proof is demanded.
17. Denied. The averments of Paragraph 17 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that the injuries
allegedly sustained by Plaintiff Walter Good are of a permanent nature and character, since
4
after reasonable investigation, Defendants are without knowledge or information sufficient to
form a belief as to the truth of the averments and proof is demanded.
18. Denied. The averments of Paragraph 18 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Defendants were
negligent in any manner whatsoever. Moreover, with respect to Plaintiff's claims regarding his
inability to attend to his usual duties and occupations, to his financial detriment and loss, the
averments are specifically denied since after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments and proof is
demanded.
19. Denied. The averments of Paragraph 19 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Defendants were
negligent in any manner whatsoever. Furthermore, with respect to the allegation that Plaintiff
has been and may in the future be required to expend sums of money for medical expenses and
treatment as a result of injuries allegedly sustained on January 23, 1999, the averments are
specifically denied since after reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments and proof is demanded.
WHEREFORE, Defendants John Sopensky, Paul John Sopensky, Emily Sopensky and
Paul Sopensky request that this Honorable Court enter judgment in their favor and against
Plaintiff Walter Good.
COUNT II
PLAINTIFF WALTER GOOD v. ALL DEFENDANTS
20. Paragraphs 1 through 19 of Defendants' Answer to Plaintiffs' Complaint are
incorporated herein by reference.
21. Admitted.
5
22. Denied. The averments of Paragraph 22 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Defendants had any
obligation under said residential lease agreement to maintain the premises as safe and
habitable. Moreover, it is specifically denied that Defendant breached any of its obligations
under said residential lease, and proof is demanded.
23. Denied. The averments of Paragraph 23 constitute legal conclusions to which no
response is required. It is specifically denied that Defendants had an obligation to inspect,
maintain, repair and/or replace the stairs and hand railing pursuant to the terms of the
residential lease agreement and proof is demanded. Furthermore, it is specifically denied that
Defendants breached any obligation to Plaintiff Walter Good under said residential lease
agreement, and proof is demanded.
WHEREFORE, Defendants John Sopensky, Paul John Sopensky, Emily Sopensky and
Paul Sopensky request that this Honorable Court enter judgment in their favor and against
Plaintiff Walter Good.
COUNT 111
SARAH GOOD v. ALL DEFENDANTS
24. Paragraphs 1 through 23 of Defendants' Answer to Plaintiffs' Complaint are
incorporated herein by reference.
25. Admitted.
26. Denied. The averments of Paragraph 26 constitute legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
after reasonable investigation, Defendants are without knowledge or information sufficient to
form a belief as to the truth of the averments and proof is demanded.
6
27. Denied. The averments of Paragraph 27 constitute legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
after reasonable investigation, Defendants are without knowledge or information sufficient to
form a belief as to the truth of the averments and proof is demanded.
WHEREFORE, Defendants John Sopensky, Paul John Sopensky, Emily Sopensky and
Paul Sopensky request that this Honorable Court enter judgment in their favor and against
Plaintiff Sarah Good.
NEW MATTER
28. At all times hereinmentioned, the owner of the premises at 214 State Street was
a landlord "out of possession" and therefore, is not responsible for injuries sustained by the
tenant.
29. At all times hereinmentioned, the premises at 214 State Street were not in a
dangerous or defective condition.
30. Any allegedly dangerous or defective conditions were open and obvious to
Plaintiffs, who had been residing on the premises since September 4, 1998.
31. At no time did Defendants conceal any existing condition on the premises; any
and all conditions were discoverable by the tenant.
32. At all times hereinmentioned, the stairs were equipped with a hand rail.
33. Pursuant to the terms of the residential lease agreement, exclusive possession of
the premises was transferred to the Plaintiffs and Defendants did not reserve control over any
portion of the premises, including the interior stairwell where this incident allegedly occurred.
34. At no time prior to January 23, 1999, did Plaintiffs notify Defendants of any
allegedly defective condition existing on the leased premises.
35. Plaintiffs have failed to state a cause of action upon which relief can be granted.
7
36. Plaintiffs claims are barred by the statute of limitations.
37. Defendants were not negligent, careless or reckless in any manner whatsoever.
38. On or about January 23, 1999, there was no dangerous condition existing on the
premises at 214 State Street in Enola.
39. Any acts or omissions on the part of Defendants were not substantial causes or
factors of the subject incident and/or did not result in the losses alleged by the Plaintiffs.
40. The incident and/or damages described in Plaintiffs' Complaint were caused or
contributed to by the Plaintiff.
41. The negligent acts or omissions of other individuals and/or entities constitute
intervening, superseding causes of the damages and/or injuries alleged to have been sustained
by the Plaintiffs.
42. Plaintiffs' cause of action is barred by contributory negligence.
43. Plaintiffs' claims are limited or otherwise barred by application of Pennsylvania's
Comparative Negligence Act, 42 Pa. C.S. §7104.
44. Plaintiffs' claims are barred pursuant to the clear and unambiguous terms of the
residential lease agreement, which precludes Plaintiffs from suing Defendants for any personal
injuries arising out of the use of the property.
45. The exculpatory clause contained in the residential lease agreement is valid and
enforceable under the circumstances of the present case. Specifically, Paragraph 16 of the
lease agreement provides as follows:
16. RELIEF FROM LIABILITY.
TENANT relieves OWNER/AGENT from liability for all injury or damage
to TENANT. TENANT'S property, TENANT'S family, guests and
employees on or about PREMISES arising from negligence or intentional
acts of OWNER/AGENT or acts by third parties. OWNER/AGENT will not
8
be liable whatsoever for any injury or damage caused by water that may
leak into the PREMISES.
Respectfully submitted,
LLP
!5ar&n S. Coates, Esquire
Attorney I. D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: December 29, 2000 Attorneys for Defendants
9
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
Date: December RI 2000
:114166.1
11
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing
Interrogatories Directed to Plaintiffs by first class mail, postage prepaid, addressed to the following:
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
THOMAS, THOMAS & HAFER, LLP
arbara A. Onorato,Legal Assistant
Date: December 28, 2000
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654 --
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
WALTER GOOD and SARAH -IN THE COURT OF COMMON PLEAS
GOOD, h/w, CUMBERLAND CTY., PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
V. NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
-- -
N"(jTlcE?bFINTENTTOSERVE SlI??O?f?IAS
TO PRODUCE DOCUMENTS AND THINGS FOR
-- - Df5COVERY -PURSUANT-T-6 RU_L_E 4004.21,
Defendants 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.
& HAFER LLP
Date: August 1, 2001 By: \J
KAREN 5. COATE SQUIRI
Attorney for Defendant
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney 1. D. # 52654 -
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999 -
(717) 237-7121 - - -
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
v
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
1FICA r?OF SERVICE
AND NOW, thislst day of August, 2001 I, BARBARA A. ONORATO, a paralegal in the law
firm of Thomas, Thomas & Hafer LL', 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, first class, postage
prepaid, to the following:
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C. -
1818 Market Street
Suite 3200
Philadelphia, PA 19103 &
D ate: August 1, 2001
LZ -.
Barbara A. Onarato -
Legal Assistant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Good Hope Family Physicians
(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:
Complete copies of any and all medical records including but not limited to reports raw test data
bills diagnosis corrnondence etc for treatment rendered on behalf of Walter Good,
at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999 Harrisburg PA 17108-0999
(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:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
(4/97)
,.u
FORM Im"M
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Orthopedic Institute of Pennsylvania
(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:
Complete copies of any and all medical records. including but not limited to reports, raw test data.
bills. diagnosis. correspondence. etc. for treatment rendered on behalf of Walter Good,
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999, Harrisburg. PA 17108-0999
(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:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
(4/97)
c
cr. -.-
.Z +,Tr
-
o+„
y? rv
-i
a <
a^
Karen S. Coates, e=squire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, hfw,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
PRAECIPE
Kindly attach the enclosed executed Verification of Defendant Paul J. Sopensky
to Defendant's Answer to Complaint with New Matter, which was previously filed with this Court
on or about January 2, 2001.
LLP
Date: October 30, 2001
Kar o'ateK, Esquire
At ey I. D. # 52654
05 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
VERIFICATION
1, Paul J. Sopensky; Defendant in this action, do hereby verify that the statements
made 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 made herein are
subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
P ; 47
Paul J. Sopensky
Date: I 11 2000
10
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
Date: October 30, 2001
:114349.2
Cl _
e=rr
rO : a -
f - -C7
9 -
-
z
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654 - - - - - - - - .--
305 North Front Street
P. O. Box 999-
Harrisburg, PA 17108-0999
(717) 237-7121 - - - -
Attorneys for Defendants
WALTER GOOD and SARAH IN THE COURT OF COMMON PLEAS
GOOD, h/w, CUMBERLAND CTY., PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
V. NO. 00-7825 CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED-
Defendants
NOTICE OF INTENT TO SERVE SUBPOENAS
TO PRODUCE DOCUMENTS AND THINGS FOR
- - - DISCOV RV PURSUANT TO RULE 4009.21
Defendants 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.
Date: October 31, 2001
Karen S. Coates, Esquire _-
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654 -
305 North Front Street
P. O. Box 999 --- - -- -
Harrisburg, PA 17108_-0999
(717) 237-7121 - - - -
Attorneys for Defendants
WALTER GOOD and SARAH IN THE COURT OF COMMON PLEAS
GOOD, h/w, CUMBERLAND CTY., PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
V. NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
AND NOW, this 31st day of October, 2001 I, BARBARA A. ONORATO, a paralegal in the
law firm of Thomas, Thomas & Hafer LLP, 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, first class, postage
prepaid, to the following:
Jeffrey M. Rosenbaum, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103 -
Date: October 31, 2001
Barbara A. Onorato
Legal Assistant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Holy Spirit Hospital
(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:
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: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
(4/97)
C
Y C- 1'a cx
- _Y,.
S7
? C?
ROSEN13AUM & ASSOCIATES, P.C.
By: John F. Hanahan, Esquire
I.D. No.: 44857
1818 Market Street, Suite 3200
Philadelphia, PA 19103
(215) 569-0200
WALTER GOOD and SARAH GOOD, b/
vs.
JOHN SOPENSKY, and
PAUL JOHN SOPENSKY, and
EMILY SOPENSKY, and
PAUL SOPENSKY
for Plaintiffs
Cumberland County
Court of Common Pleas
Civil Trial Division
No. 2000-7825 - Civil
STATEMENT OF INTENTION TO PROCEED
TO THE COURT:
Plaintiffs, Walter Good and Sarah Good, intend to produce with the above-captioned
matter.
By:
ROSENBAUM & ASSOCIATES, P.C.
0
7k
1,4
JOHN F. HANAHAN, ESQUIRE
Attorney for Plaintiffs
Date:
w
_
-?- Tk
..> C. 1*J :-a
i
. nears a v .o-. ?m+'? xa«? ,
i- 88111116 ? ? r'?=?'"•um?me?ueP•a.»i?s?am? u us ???r., ,r v. . .?-,n ?. .._ lNJ?9?4?
Walter Good, et al,
vs Case No. 2000-7825
John Sopensky, et al.
Statement of Intention to Proceed
To the Court:
Walter Good
intends to proceed with the above captioned matter.
Print Name John F. Hanahan, Esg Sign Name
Date: " ? D Attorney f o r P1 ai n t i f f s
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
O
ET7
co
THOMAS, THOMAS & HAFER, LLP
Randall G. Gale, Esquire
I.D. No. 26149
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108
(717) 255-7648
WALTER GOOD and SARAH GOOD,
husband and wife,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY
AND PAUL SOPENSKY,
Defendants
Attorney for Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 00-7825-CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE,FOR W/THDRAWAL/EAIfTRY OF APPEARANCE
To: Prothonotary of Cumberland County
Please withdraw the appearance of C. Kent Price, Esquire of Thomas, Thomas &
Hafer, LLP and Enter the Appearance of Randall G. Gale, Esquire of Thomas, Thomas
& Hafer, LLP on behalf of the Defendants John Sopensky, Paul John Sopensky, Emily
Sopensky and Paul Sopensky, Defendants, in connection with the above matter.
&, HAFER, LLP
Ra dal . Gale, Esquire
1.D. 6149
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648; fax: 717-237-7105
email: rgaie _tthlaw.com
DATE: ??
CERTIFICATE OF SERVICE
I, Randall G. Gale, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP,
attorney for Defendants, hereby certify that a true and correct copy of the foregoing
document was sent to the following counsel of record by placing a copy of same in the
United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
John Hanahan, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
THOMA , THOMAS & HAFER, LLP
?A.UIWA - ?/?; 1-1r?rzll /I
Ran G. Ga e, Esquire
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Walter Good, et al.
NO. 2000-7825
20
V.
John Sopensky, et al.
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
John F. Hanahan, , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
L The above-captioned action (or actions) is (are) at issue.
The amount in controversy is undetermined
2. The claim of plaintiff in the action is $ a,; ; ; pQlyes unliqu i dated damages for
persona injuries.
The counterclaim of the defendant in the action is N/A
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
asarbitrators: Plaintiffs knows of no members of the bar of Cumberland County
who have any interest in this matter and who are otherwise disqualified
to sit as arbitrators
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
R ectfully submitted,
f
ORDER OF COURT
AND NOW,
petition,
200 , in consideration of the foregoing
Esq., and
Esq., and
captioned action (or actions) as prayed for.
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
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Randall G. Gale, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I. D. # 26149
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY.. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendants certify that
(1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached
thereto was mailed to Plaintiffs' counsel on 1/23/09;
(2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this
certificate;
(3) Plaintiffs' counsel has indicated in a letter dated January 30, 2009 that he has no
objection to the proposed Subpoenas and is willing to waive the remainder of the 20-day notice
period in order to expedite receipt of the records; and
(4) the Subpoenas which will be served are identical to the Subpoenas which are
attached to the Notice of Intent to serve the Subpoenas.
THOM O A ALP
R D L G. GALE, ESQUIRE
I.D. 149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
Date: ?? 3?Q ATTORNEY FOR DEFENDANTS
Randall G. Gale, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 26149
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS
TO PRODUCE DOCUMENTS AND'THING'S FOR
DISCOVERY= PURSUANT TO RULE 4009.21
Defendants 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 subpoenas. If no objection is made, the subpoenas will
be served.
THOMAS, THOMAS & HAFER LLP
Date: By:
an all G. Gale, Esquire
Aft6rney for Defendants
I. D. # 26149
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648; fax: 117-237-7105
ernail:rgale(a.tthlaw. com
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Good Hope Family Physicians 1830 Good Hope Road, Enola, PA 17025
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies, lab reports, billing
records (including any records stored in a computer database or otherwise in electronic
form) and records of other medical providers contained within your chart for treatment
rendered from August 2001 - present.
at: Thomas Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999
(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:
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, McCuen & Associates Physical Therapy P.C. 824 Lisburn Road
Camp Hill, PA 17011-7102
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies, lab reports, billing
records (including any records stored in a computer database or otherwise in electronic
form) and records of other medical providers contained within your chart.
at: Thomas Thomas & Hafer. LLP 305 N. Front St. P.O. Box 999, Harrisburg PA 17108-0999
(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:
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Orthopedic Surgeons of Central Pennsylvania 550 North 12th Street
Lemoyne, PA 17043
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies, lab reports, billing
records (including any records stored in a computer database or otherwise in electronic
form) and records of other medical providers contained within your chart.
at: Thomas. Thomas & Hafer LLP, 305 N Front St. P.O Box 999, Harrisburg PA 17108-0999
(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:
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Rite Aid Pharmacy Enola Summerdale Plaza. Enola, PA 17025
(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: A complete copy of your records on Walter C. Good, DOB 418/45, SS# 263-70-6860
including the history of prescriptions filled Patient Prescription Record as well as
Pharmacist's Statement, Customer History Report, insurance log/history, and any and all
billing records or payment ledger for Mr. Good (including any records stored in a
computer database or otherwise in electronic form
at: Thomas Thomas & Hafer LLP 305 N Front St P.0 Sox 999, Harrisburg, PA 17108-0999
(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:
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Holy Spirit Hospital, 503 N. 21St Street. Camp Hill, PA 17011
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including emergency room, inpatient, and outpatient care, correspondence,
treatment records, memoranda, reports, handwritten notes, therapy records, medication
records, diagnostic studies, lab reports, billing records (including any records stored in a
computer database or otherwise in electronic form) and records of other medical
providers contained within your chart from November 2, 2001 - present.
at: Thomas. Thomas & Hafer LLP, 305 N. Front St.. P.O. Box 999, Harrisburg. PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk; Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD; h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Select Physical Therapy. f/k/a Joyner Sports Medicine Institute,
6108 Carlisle Pike Mechanicsburg, PA 17050
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8145, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies, lab reports, billing
records (including any records stored in a computer database or otherwise in electronic
form) and records of other medical providers contained within your chart.
at: Thomas. Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD.. h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Magnetic Imaginq Ctr. 4665 Trindle Road. Mechanicsburg. PA 17050
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, memoranda, reports, handwritten notes, orders,
diagnostic study reports, and billing records (including any records stored in a computer
database or otherwise in electronic form) and records of other medical providers
contained within your chart.
at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999. Harrisburg, PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Orthopedic Institute of Pennsylvania, 3399 Trindle Road
Camp Hill. PA 17011
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies, lab reports, billing
records (including any records stored in a computer database or otherwise in electronic
form) and records of other medical providers contained within your chart from 917/01 -
present.
at: Thomas Thomas & Hafer. LLP 305 N. Front St. P.O. Box 999. Harrisburg, PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk. Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Capital Area Pain Management Consultants, 2447 N. Third Street
Harrisburg, PA 17110
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies, lab reports, billing
records (including any records stored in a computer database or otherwise in electronic
form) and records of other medical providers contained within your chart from 7120/02 -
present.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108-0999
(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:
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, PinnacleHealth Hospitals, P. O. Box 8700, Harrisburg, PA 17105
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including emergency room, inpatient, and outpatient care, correspondence,
treatment records, memoranda, reports, handwritten notes, therapy records, medication
records, diagnostic studies, lab reports, billing records (including any records stored in a
computer database or otherwise in electronic form) and records of other medical
providers contained within your chart from January 1, 1999 - present.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Keystone Rehabilitation Systems, 1501 East Cumberland Street,
Lebanon PA 17042
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies, lab reports, billing
records (including any records stored in a computer database or otherwise in electronic
form) and records of other medical providers contained within your chart.
at: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999
(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:
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Saniey Sen, M.D., 4201 Hospital Road, Coal Township, PA 17866
(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: A complete copy of your medical chart on Walter C. Good, DOB 418/45, SS# 263-70-
6860 including the functional capacity assessment, correspondence, treatment records,
memoranda, reports, handwritten notes, therapy records, medication records, diagnostic
studies, lab reports, billing records (including any records stored in a computer database
or otherwise in electronic form) and records of other medical providers contained within
your chart.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Heritage Diagnostic Center 3 Walnut Street. Lemoyne PA 17043-1168
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, memoranda, reports, handwritten notes, orders,
diagnostic study reports, and billing records (including any records stored in a computer
database or otherwise in electronic form) and records of other medical providers
contained within your chart.
at: Thomas, Thomas & Hafer. LLP. 305 N Front St. P.O Box 999, Harrisburg PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, The Neurology Center, 897 Poplar Church Road, Camp Hill. PA 17011
(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: A complete copy of your medical chart on Walter C. Good, DOB 418/45, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies including NCS and EMG
reports, lab reports, billing records (including any records stored in a computer database
or otherwise in electronic form) and records of other medical providers contained within
your chart.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg. PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk; Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records. Moffitt Heart & Vascular Group. 1000 N. Front Street. Wormleysburg, PA
17043
(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: A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, treatment records, memoranda, reports, handwritten
notes, therapy records, medication records, diagnostic studies stress tests, lab reports,
billing records (including any records stored in a computer database or otherwise in
electronic form) and records of other medical providers contained within your chart.
at: Thomas, Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999, Harrisburg. PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY. JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Commonwealth of PA. Department of Human Resources.
1171 South Cameron Street, Harrisburg, PA 17104-2501
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 anv and all emplovment_records including but not limited to application for
employment. attendance records. wage information. pre-employment physicals, disability slips.
medical records. correspondence. etc. regarding Walter Good, SSN: 263-70-6860, DOB 4/8/45,
at: Thomas Thomas & Hafer LLP. 305 N. Front St.. P.O. Box, 999, Harrisburg. PA 17108-0999
(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:
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#:26149
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk. Civil Division
Deputy
Randall G. Gale, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 26149
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this" day of January, 2009 I, RANDALL G. GALE, of the law firm of
Thomas, Thomas & Hafer LLP, 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, first class, postage prepaid, to
the following:
John F. Hanahan, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
R all G. Gale, squire
139239.4
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
John F. Hanahan, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103-3611
THOMAS, THOMAS & HAFER, LLP
i
WWC-ud-'J( K 14 W1
AMOBALL G. GALE, SQUI E
Date:
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'
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n
tv
Randall G. Gale, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 26149
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009:22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Defendants certify that
(1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached
thereto was mailed to Plaintiffs' counsel on 3/12/09 which is 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 attached to the Notice
of Intent, 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.
THOM OMAS & HAFER, LLP
RA G. GALE, ESQUIRE
I.D. 2Y149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
Date: ?'?J? ATTORNEY FOR DEFENDANTS
Randall G. Gale, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 26149
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE_ A SUBPOENA
TO'PRODUCE -DOCUMENTS AND THINGS FOR
DISCOVERY` PURSUANT TO RULE 4009.21
TO: John F. Hanahan, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
Defendants intend to serve a subpoena identical to the one that is attached to this notice.
You have twenty (20) days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made, the subpoena will be served.
ri
Date:
THOM -§, THOMAS & HAFERR; LLP
By:
Fand'all G. Gale, Esquire
Attorney for Defendants
i.D. # 26149
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
1717) 255-7648, fax. 717-237-7105
email: raale(o)tthlaw.com
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records John Robert Tomedi Sr.. M.D., 1 Nevada Drive, Kuipmont. PA 17834
(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 A complete copy of your medical chart on Walter C. Good, DOB 4/8/45, SS# 263-70-
6860 including correspondence, office notes, treatment records, memoranda, reports,
handwritten notes, therapy records, medication records, diagnostic studies, lab reports,
billing records and insurance records (including any records stored in a computer
database or otherwise in electronic form) and records of other medical providers
contained within your chart.
at: Thomas Thomas & Hafer LLP, 305 N. Front St., P.O. Box 999. Harrisburg. PA 17108-0999
(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
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
Randall G. Gale, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 26149
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648
Attorneys for Defendants
WALTER GOOD and SARAH
GOOD, h/w,
Plaintiffs
V.
JOHN SOPENSKY, PAUL JOHN
SOPENSKY, EMILY SOPENSKY,
and PAUL SOPENSKY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-7825 - CIVIL
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this _.1 day of March, 2009 I, RANDALL G. GALE, of the law firm of
Thomas, Thomas & Hafer LLP, 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, first class; postage prepaid, to
the following:
John F. Hanahan, Esquire
Rosenbaum & Associates. P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103
Ran?l`all G. Gale, Esquire
139239.5
CERTIFICATE' OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
John F. Hanahan, Esquire
Rosenbaum & Associates, P. C.
1818 Market Street
Suite 3200
Philadelphia, PA 19103-3611
THOMAS, THOMAS & HAFER, LLP
,? I
R ALL G. GALE, ESQUIRE
Date: 7i
RLED-OFFICE
OF THE P*?OTARY
2009 APR -3 PM 2' 15
ROSENBAiJM & ASSOCIATES, P.C.
By: John F. Hanahan, Esquire
I.D. No.: 44857
1818 Market Street, Suite 3200
Philadelphia, PA 19103
(215) 569-0200
Attorney for
Plaintiffs
WALTER GOOD and SARAH CUMBERLAND COUNTY
GOOD, h/w COURT OF COMMON PLEAS
vs. CIVIL TRIAL DIVISION
JOHN SOPENSKY, and N0.2000-7825 -CIVIL
PAUL JOHN SOPENSKY, and
EMILY SOPENSKY, and
PAULSOPENSKY
ORDER TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND
ENDED upon payment of your costs only.
ROSENBAUM & ASSOCIATES, P.C.
BY:
F. HANAHAN, ESQUIRE
;v for Plaintiff
Date: July 20, 2009
FiL.~LJ-°af-wti.+~
~F ~~ F" v~~"~~:~i`~?~l"A~Y
2009 Jt~L 22 P~°3 2~ ~~
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