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HomeMy WebLinkAbout03-2233 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - EQUITY DUANE HAGLUND, Plaintiff 'f13 t:: ~ A v/C//Jt,J Alleuu.c.- PAJ~~.<-h,.J. P,q, I f07r ;NO. 03 - ...):J 3J Cw:.1. IJ.- DONUT CONNECTION, INC. Defendant 118l~ I-I-Ifr,-i-S 1xtY'{j ,IJ k. C!a y-I/s Ie. fA 17" 1 3 L)EIJ . .) WRIT OF SUMMONS TO: DONUT CONNECTION You are notified that the Plaintiff, DUANE HAGLUND, has commenced an action against you. DATE: 'rUt, q, J-em3 tlAE'". ~ R7 1-.' Prothonotary , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY (- COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION DUANE HAGLUND, Plaintiff 03- .);;) 3;3 ~ -,-~ : NO. vs. DONUT CONNECTION INC, Defepdant /') / I?J~ ~ r n.s h tl W"j -r'k C!.a -r t i31 e.. / PI4 I 'lC) /3 ~tf- PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above stated case. DATE: Apf\ 1 2-1( 2D03 ~~ ,. Duane ag und 583 Franklin Avenue Palmerton P A 18071 (610) 703-0531 ~~ ......... "" -..:;, " ~ o " ..c) 00 Po<) ~ ~ ~ ~ ~ C) <:) ~:; ~r) (:/ :;~' ~.~ ( )-~, ~- f~:; . - - ~. :..~-.. <; ~ ~ , \ <." d 1 \0 .~, ~.) ',.:> .:./ Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DUANE HAGLUND 583 FRANKLIN AVENUE PALMERTON, PA 18071 Plaintiff Court of Common Pleas Vs. DONUT CONNECTION INC 1186 HARRISBURG PK CARLISLE, P A. 17013 No, 03-2233 In CivilAction- Law Defendant To DONUT COMMECTION You are hereby notified that DUANE HAGLUND the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date MAY 9, 2003 CURTIS R. LONG Prothonotary By cJr-'- 0 n1d~J-I Deputy Attorney: Name: DUANE HAGLUND PLFF Address: 583 FRANKLIN AVENUE PALMERTON, PA 18071 Attorney for: Pro Se Telephone: (610) 703-0531 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAGLUND DUANE VS DONUT CONNECTION INC RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon the DONUT CONNECTION INC DEFENDANT , at 0008:36 HOURS, on the 13th day of May , 2003 at 1186 HARRISBURG PIKE CARLISLE, PA 17013 by handing to W. JOHN CHESTNUT, OWNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff'S Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31. 45 ~K-..~~! R. Thomas Kline 05/14/2003 DUANE HAGLUND Sworn and Subscribed to before By: ~~6 Depu y Sheriff me this Jf, -e:: day of n,.J dov_, A. D. (~Q.~ . , ~thonotary' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION - LAW DUANE HAGLUND, Plaintiff CIVIL ACTION VS, No. 03-2233 CIVIL TERM DONUT CONNECTION, INC., Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST T E CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (2 ) DAYS AFTER THIS NOTICE AND COMPLAINT IS SERVED, BY ENTERING A WRmEN APPEARAN PERSONALLY OR BY ATTORNEY AND FILING IN WRmNG WITH THE COURT YOUR DEFENSES 0 OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, YOU ARE WARNED THAT IF YOU FAIL 0 DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINS YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE DOCUMEN OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU D NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FO H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, THIS OFFICE CAN PROVI E YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI IBLE PERSONS AT A REDUCED FEE OR NO FEE, LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION - LAW DUANE HAGLUND, Plaintiff CIVIL ACTION V5. No. 03-2233 CIVIL TERM DONUT CONNECTION, INC., Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff, Duane Haglund, is an adult individual residing at 583 F anklin Avenue, Palmerton, Carbon County, Pennsylvania 18071. 2, The Defendant, Donut Connection, Inc., is a business corporation elieved to be organized under the laws of the Commonwealth of Pennsylvania with offices at 1186 arrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013, 3, At ail times herein relevant, Plaintiff was a bona fide customer wi h Defendant's institution located at 1186 Harrisburg Pike, Carlisle, Cumberland County, Pennsyiva ia 17013, and Plaintiff was lawfuily on the premises, 4, The Defendant, Donut Connection, Inc" was the owner, operator an manager of a retail store opened to the public selling donuts and related items. 5, On Saturday, May 14, 2001, at about 11:00 a,m" in the exercise 0 due care and caution, Plaintiff parked his motor vehicle in the parking lot outside of Defend nt's aforesaid premises, and entered into the interior of the premises, 6, At the time and place aforesaid, Plaintiff went to use the restroom faci ities inside the retail store and attentively proceeded to the restroom where a store employee was a tively cleaning the area with a wet mop, 7, At the time and place aforesaid as Plaintiff reached the outside door f the restroom area, despite the exercise of due care and caution, Plaintiff slipped and feil on w ter which was 2 allowed to remain for an unreasonable length of time by the store employee, proxil ately causing Plaintiff to injure his head and right knee and to fall on the patella, resulting in severe J nd permanent I injury, 8, At the time and place aforesaid, Defendant's premises contained inad quate warning I I for Plaintiff or others to walk safely especially in light of slippery conditions created bj leaving water on the floor on Defendant's premises and the Defendant had actual knowledge t at Defendant's existing walkway was defective and inadequate because Defendant's employe created the dangerous condition, 9, At the time and place aforesaid, Defendant was negligent in the followi g respects: a) in failing to exercise due care to provide reasonably safe acce s to and from Defendant's restroom; b) in failing to exercise due care to dry the water in Defendant's w Ikway so as to create an unreasonable risk of harm to Plaintiff; c) in failing to exercise due care to provide adequate notice t customers by installing warning barriers advising that the restroom was being cleaned so a to create an unreasonably unsafe condition; d) in inviting Plaintiff onto Defendant's business premises with ut providing a reasonably safe hallway to the restroom for Plaintiff to use the restroom facilities; e) in inviting Plaintiff into Defendant's premises despite Defendant knowledge of a dangerous condition of the land which Defendant should expect that invitees, s ch as Plaintiff, would not discover or realize the danger thereof; f) in violating the laws of the Commonwealth of Pennsylvania relat ve to providing notice to customers that the floor was wet; g) in failing to exercise due care to protect the rights and safety of Plaintiff; and 3 h) in otherwise failing to exercise due care by leaving a small pud Ie of water at the restroom door instead of fully dryly the area, 10, As a direct and proximate result of Defendant's aforesaid negligence, Pia ntiff sustained I severe and permanent injuries to his right knee, including but not limited to a permanel t subjugetion I I which is a permanent injury and will cause pain and distress, I 11. As a direct and proximate result of Defendant's aforesaid negligence, PI intiff has been and will be in the future, forced to expend substantial sums of money for the procure ent of medical attention, treatment and therapy, for which Plaintiff claims damages, 12, As a direct and proximate result of Defendant's aforesaid negligenc , Plaintiff has suffered severe and permanent physical and mental pain, anguish, anxiety, and dist ess, for which Plaintiff claims damages, 13, As a direct and proximate result of Defendant's aforesaid negligence, PI intiff's injuries as described herein are permanent and will cause him to suffer a loss of life's pleasures and companionships, for which Plaintiff claims damages, WHEREFORE, Plaintiff, Duane Haglund, demands judgment against Def ndant, Donut Connection, in an amount in excess of the compulsory arbitration jurisdiction limits, together with interest, costs of suit, and delay damages as allowed by law, Respectfully submitted, Orloski, Hinga, Panda/eon & Orloski 4 VERIFICATION I verify that the statements made in the foregoing document are true nd correct according to my best knowledge, information, and belief, I understand that false statements herein are made subject to the penalties of 18 PA c.s. 94904 elating to unsworn falsifications to authorities. DATE: ~tJS CERTIFICATE OF SERVICE I, Richard ], Orloski, HEREBY CERTIFY that I served a true and correct copy of the foregoing I I document upon the following person(s) by depositing same in the United States Mail,1 regular, first, class mail, postage prepaid, addressed as follows: Donut Connection, Inc. 1186 Harrisburg Pike Carlisle, PA 17013 Date: March -.9-' 2005, Orloski, Hinga, Panda/eon & Orloski ~" Richard ], Orloski Attorney for Plainti Attorney ID No, 09857 111 N, Cedar Crest Blvd, Allentown, PA 18104 610-433-2363 5 C': -, ( -:::> -7\ ,-'" ,__f ---,,'A --,.- \"'"' :;;:') .. !"',) ,,-0 - f"'.) c-' - G-' - , . Christine E. Munion, Esquire Identification Number 72724 WILLIAM J, DEVLIN, Jr. & ASSOCIATES 100 West Elm Street Suite 200 Conshohocken, PA 19428 (610) 397-4600 Attorney for Donut Connection, Inc, DUANE HAGLUND Plaintiff Civil Action No, 03-2233 Vs, DONUT CONNECTION, INe. Defendant ENTRY OF APPEARANCE TO THE PROTHONTARY: Kindly enter my appearance on behalf of defendant Donut Connection, mc, WILLIAM{ DEVjzLIN, JR. & ASSOCIATES , I"" BY: (~ ) C~' ./~ M - E ' . ' stille, umon, sqUIre Attorney for Defendant Donut Connection mc, Christine E, Munion, Esquire Identification Number 72724 WILLIAM J, DEVLIN, Jr. & ASSOCIATES 100 West Elm Street Suite 200 Conshohocken, P A 19428 (610) 397-4600 DUANE HAGLUND Plaintiff Vs, DONUT CONNECTION, INC, Defendant Attorney for Donut Connection, Inc, Civil Action No, 03-2233 CERTIFICATE OF SERVICE I, Christine E, Munion, Esquire, counsel for Defendant, County of Cumberland, hereby state that a true and correct copy of the foregoing Entry of Appearance was served on the counsel below on tJ i ;, I Z (.{ , 2005, by placing a copy of same in the United States regular first-class mail, first-class postage prepaid, Attorney for Plaintiff Richard J, Orloski Orloski, Hinga, Pandaleon & Orloski III N. Cedar Crest Blvd Allentown, PA 18104 By: Respectfully submitted, WILLU,\W J, DEVLIN, Jr. & ASSOCIATES l .3"'---7 ../ .../..-- ~-- { . / C::~" ,.~ -- Christi:J ~~Sq, Attorney for Donut Connection, mc, o ;:~:, . '. ....., l'::_',~'" = ~, o 'n ,-1 'r hiJi -:J;;-l .'9 ~}(:7; ."~,~~~ -~ '~ :;,1 .< :.>.... ..", I N ?::--." 9 f" en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CML DMSION - LAW DUANE HAGLUND, Plaintiff CIVIL ACTION V5. No. 03-2233 CML TERM DONUT CONNECTION, INC., Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MAnER 14. Denied. The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 15. Denied. The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof. 16, Denied. The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 17, Denied. The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 18, Denied. The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 1 19, Denied, The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 20. Denied. The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied, Demand is made for proof thereof, 21. Denied, The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 22, Denied, The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 23, Denied, The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 24, Denied, The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is speCifically denied, Demand is made for proof thereof, 25, Denied, The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 26, Denied, The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof. 2 27, Denied, The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof. 28. Denied. The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied, Demand is made for proof thereof, 29, Denied, The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof. 30, Denied. The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof. 31. Denied, The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof. 32, Denied. The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 33. Denied. The allegation in this paragraph is a conclusion of law to which no response is required, To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied. Demand is made for proof thereof, 34. Denied, The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied, Demand is made for proof thereof. 3 35. Denied, The allegation in this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed necessary, the allegation of this paragraph is specifically denied, Demand is made for proof thereof, WHEREFORE, Plaintiff demands judgment against Defendant as prayed for in Plaintiff's Complaint. Aa, Panda/eon & Orloski Robert R, Panda leon Attorney for Plaintiff Attorney ID No, 57557 111 N, Cedar Crest Blvd, Allentown, PA 18104 610-433-2363 4 CERTIFICATE OF SERVICE I, Robert R. Pandaleon, HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon the following person(s) by depositing same in the United States Mail, regular, first-class mail, postage prepaid, addressed as follows: Christine E. Munion, Esq, William J. Devlin, Jr, & Associates 100 West Elm Street, Suite 200 Conshohocken, PA 19428 Date: June ~ 2005. Orloski, Hinga, Panda/eon & Orloski ~ Robert R. Pandaleon Attorney for Plaintiff Attorney 10 No, 57557 111 N, Cedar Crest Blvd, Allentown, PA 18104 610-433-2363 5 ~~,., ~:.;..,,'~ # "'",; . ., ~, -1\> A~', ': ~? (!/ ~~: r:';' "- '::;"-". -2;'c'. ';~ .-> q, ~ -1 eJ' -;J;-.~ <e P'rn c;,f:. '?}:;> ~ ~~ ~ q~ -;f.. 6-\ 'Z: 3. rf? f"" co Christine E. Mnnion, Esquire Identification Number 72724 WILLIAM J. DEVLIN, Jr. & ASSOCIATES 100 West Elm Street Suite 200 Conshohocken, P A 19428 (610) 397-4600 Attorney for Donut Connection, Inc. DUANE HAGLUND Plaintiff Civil Action No. 03-2233 Vs. DONUT CONNECTION, INC. Defendant CCP Cumberland Connty Defendant Donut Connection, Inc.'s Answer to Plaintiffs Complaint with New Matter Defendant Donut Connection, Inc. by and through its connsel William J. Devlin, Jr. & Associates files this Answer to Plaintiffs Complaint with New Matter and in support thereof states as follows: 1. Denied. After reasonable investigation defendant is without sufficient information or knowledge with which to respond to the allegations of this paragraph and therefore the same are denied. 2. Admitted. 3. Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 4. Denied. Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 5. Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. To the extent that the averments of this paragraph are factual in nature, after reasonable investigation defendant is without sufficient information with which to form an opinion as to the truth of the averments ofthis paragraph and therefore the same are denied. 6. Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 7. Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. To the extent that the averments of this paragraph are factual in nature, after reasonable investigation defendant is without sufficient information with which to form an opinion as to the truth of the averments of this paragraph and therefore the same are denied. 8. Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 9. (a. through h). Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. By way of further reply, defendant at all times acted reasonably and with due care. 10. Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. To the extent that the averments of this paragraph are factual in nature, after reasonable investigation defendant is without sufficient information with which to form an opinion as to the truth of the averments of this paragraph and therefore the same are denied. 11. Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. To the extent that the averments ofthis paragraph are factual in nature, after reasonable investigation defendant is without sufficient information with which to form an opinion as to the truth of the averments ofthis paragraph and therefore the same are denied. 12. Denied. Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. To the extent that the averments of this paragraph are factual in nature, after reasonable investigation defendant is without sufficient information with which to form an opinion as to the truth of the averments ofthis paragraph and therefore the same are denied. 13. Denied. Defendant is advised by connsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. To the extent that the averments ofthis paragraph are factual in nature, after reasonable investigation defendant is without sufficient information with which to form an opinion as to the truth of the averments of this paragraph and therefore the same are denied. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiffs case and find in favor of defendant Donut Connection, Inc. ----- NEW MATTER 14. Defendant had no notice, nor can it be reasonably charged with notice nnder the circumstances, that a dangerous condition existed, the same being explicitly . denied, at a sufficient time prior to the incident to have taken protective measures. 15. Whatever injuries and damages, if any, were sustained by the plaintiffs as averred in her Complaint, the same being specifically denied with strict proof thereof demanded at time of trial, were caused in whole or in part by persons other than the defendant and over whom the defendant has no control and for whose actions defendant is not liable. 16. Whatever injuries and damages, if any, were sustained by plaintiff as averred in her Complaint, the same being specifically denied with strict proof thereof demanded at time of trial, were cause in whole or in part by conditions and circumstances beyond the control ofthe defendant. 17. Plaintiffs' claims are barred or substantially reduced because of plaintiffs' failure to act reasonably or timely to mitigate damages. 18. Any negligence of the defendant was not a substantial factor in causing the harm complained of by plaintiffs. 19. The claim of plaintiff is barred by the appropriate statutes of limitations and repose. 20. Defendant cannot be primarily liable for the alleged injuries of the plaintiffs. 21. Plaintiff s Complaint fails to state a cause of action upon which relief can be granted. 22. Defendant was not negligent. 23. Defendant did not cause any alleged, harm, injury or loss. 24. The negligent act or omissions of other individuals or entities constituted superseding, intervening causes of the damages and/or injuties alleged to have been sustained by Plaintiffs. 25. Defendant is not responsible for persons, events, circumstances or conditions beyond Defendant's control. 26. Plaintiffs' claims may be barred in whole or in part by assumption of the risk. 27. Plaintiffs' claims may be barred in whole or in part, or reduced by Plaintiffs' contributory and/or comparative negligence. 28. Plaintiff has not sustained any injuries cognizable under Pennsylvania law as a consequence of defendant's alleged action. 29. Plaintiffs' claims are barred because Plaintiff has sustained no injury in fact. 30. Pennsylvania Rule of Civil Procedure 238, pertaining to delay damages, is inapplicable under the facts of the present case, and is unconstitutional and in violation of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania. 31. Without waiver of the above defense, to the extent that delay damages are alleged, any such delay was not caused by Defendant but was caused by Plaintiff, or by a circumstance not the fault of the Defendant, and delay damages should not be assessed for same. 32. Plaintiff may have entered into a release which bars and/or limited recovery in this action. 33. Plaintiffs' claims may be barred in whole or'in part by the doctrine of res judicata and/or collateral estoppel. 34. Plaintiffs' claims, if any, may be reduced and/or limited by any collateral source of compensation and/or benefit. 35. Plaintiff has failed to mitigate damages. WHEREFORE, Defendant demands judgment in its favor and against all other parties together with interests and costs. /rJ: ~:v~~~~. & ASSOCIATES if II // BY'/ I:n i.. .J / ! L-CHRIST. E. ON, ESQUIRE Attorney for De dant, Donut Connection, Inc. VERIFICATION I, John Chestnut, hereby state that I am the and I am"authorized to take this Verification on behalf of Defendant. I have reviewed the foregoing Answer and New Matter to Plaintiff s Complaint and the facts set forth are true and correct to the best of my knowledge, information and belief. I understand that this Verification is provided subject to 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. DATE: S/7/0$ Epperson v. County of Northampton Christine E. Munion, Esquire Identification Number 72724 WILLIAM J. DEVLIN, Jr. & ASSOCIATES 100 West Elm Street Suite 200 Conshohocken, P A 19428 (610) 397-4600 Attorne~ for Donut Connection, Inc. DUANE HAGLUND Plaintiff Civil Action No. 03-2233 Vs. DONUT CONNECTION, INC. Defendant CCP Cumberland County CERTIFICATE OF SERVICE I, Christine E. Munion, Esquire, counsel for Defendant, Donut Connection, Inc.' s, Answer and New Matter hereby state that a true and correct copy of the foregoing was served on the counsel below on "0& / U ,2005, by placing a copy of same in the I United States regular first-class mail, first-class postage prepaid. Attorney for Plaintiff Richard J. Orloski Orloski, Hinga, Pandaleon & Orloski 111 N. Cedar Crest Blvd Allentown, P A 18104 Respectfully submitted, WIL~IA}.ft DEVLIN, Jr. & ASSOCIATES )/./...:;}. -" "'r .!/ ., .~, ... By:; '. \.....- Christine E. Munion, q. Attorney for Donut Connection, Inc. - () "-" C) ~ c: C;? -n <.".../'1 L. ;:rJ :!J (,:-' ,tic: :'~ CJ 01 (-::) '{ ~ ---r- :"(.. '. C) -'; -~ '::'}rn 0~ ' ~~ I."" (....) :D CO .-< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HAGLUND VS. NO. 032233 DONUT CONNECTION INC CERTIFICATE PREREQUISITE TO SERVICE OF A SIUBPOENA PURSUANT TO RULE 4009.22: As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 CHRISTINE E MUNION, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena (s) is sought to be serv,ed, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 07/20/05 CHRISTINE E MUNION, ESQUIRE 100 W ELM ST SUITE 200 CONSHOHOCKEN, PA 19428 610-397-4600 ATTORNEY F'OR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISS'I'ON STREET PHILADELPHIA PA 19135 (215) 335-3590 File #: M322928 By: ThereEla Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HAGLUND Vs. DONUT CONNECTION INC No. 032233 TO: RICHARD ORLOSKI, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TIllNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 06/28/05 CHRISTINE E, MUNION, ESQUIRE 100 W ELM ST SUITE 200 CONSHOHOCKEN, PA 19428 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa. Longmore Ene(s): Copy of subpoena(s) Counsel return card File #: M322928 CCJMM)NWEALTH OF PENNSYLVANLIl. r:rxJNIT OF aJMBER[AND HAGLUND Vs. Fi Ie No. 032233 DONUT CONNECTION INC O:RIGINAL X-RAYS REQUESTED TO: SUBPOENA TO PROOUCE [)()CLtoENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ST ELIZABETH FAMILY PRACT, 413 SLOOP RD, EDGEWOOD KY 41017 (N!Ille of Person or Ent it~') Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follOWing docunent,,; OSi~n~tTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(A~PE!"ss~940 DISSTON ST., PBILA., PA You may del iver or mai 1 legible copies of the docune,nts or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right. to seek in advance the reasonablE cost of preparing the copies or p,-educing the things sought. I f you fa; I to produce the docunents or things required by this subpoena within t\o!enty (20) days after its serv~ce. the party serving thi'l subpoena may seek a court orde'- carpelling you to cmply with it. TH I S SUBPOENA WAS NAME: ADORESS: I SSUEO AT THE REQUEST OF THE FOLLON I NG PERSON: CHRISTINE E MUNION, ESQ lOG W ELM ST CUN~HUHuCKEN, PA 19428 TELEPI-K)NE : SUPREI-E CXlUlT I 0 ~ ATTORNEY FOR: 215-335-3212 DEFENDANT M322928- 01 OATE: Seal of1~~~-- BY THE CCURT: Ct.~ 16. :<~ . ProthonotarY/Clerk. Civ{l Oiv' on ~ _ . fY/?r~7D - I -- Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: ST ELIZABETH FAMILY PRACT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX C~S AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA~MENT RENDERED TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON PA. DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAL, X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed s~gnature for ST ELIZABETH FAMILY PRACT CUMBERLAND M322928-01 *** SIGN AND RETURN THIS PAGE *** COfKl~TH OF PENNSYLVANIA axJNl'Y OF CUMBEm.AND HAGLUND Vs. Fi Ie N<,. 032233 DONUT CONNECTION INC SUBPOENA TO PRClCllX:E ooc:;u.eNTS OR TH I NGS FOR 0 I SCX>VERY PURSUANT TO RULE 4009.22 CARLISLE HOSP, 246 PARKER ST, CARLISLE PA 17013 TO: ATTN: MEDICAL RECORDS DEPT (NlI11El of Person or Entity) within twenty (20) days after service of this subpoenfl, you are ordered by the court to produce the following docunent!'l "Si'iln~TTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS~A~ess~940 DISSTON ST., PHILA., PA You may del iver or mail legible copies of the docunents or produce things requested h) this subpoena, together with the certificate of canpliance, to the party making thi, 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 docunents or things required by this subpoena within t\oo!enty (20) days after its servjce, the party serving thin subpoena may seek a court orde'- cx:rrpel1ing you to carply with it. TH I S SUBPOENA WAS NAI'E: ADDRESS: ISSUED AT THE REQUEST OF THE FOLLONING PERSON: CHRISTINE E MUNION, ESQ lOG W Ii:LM S'I' cU~~rturtuC~~cl, PA 19428 TELF.PHONE: SUPREI1: caJRT I D# ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE CClJRT: , ~ ~~ 1(.; ~/ . Pro ~tarY/Clerk, Civi.l Divi' ~ . 1a~~I1J . Deputy M322928-02 DATE: '7/, //"l~ Seal offth~ (Eff. 7/97) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: CARLISLE HOSP ANY AND ALL EMERGENCY ROOM RECORDS. PERTAINING TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON Pi'. DATE OF BIRTH: 02/23/66 SSAN: 407159260 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - -- - - - - - -- --- - -- -- -- - - - - - ------- -- - - --- RECORD CUSTODIAN - COMPLETE AND RETURN ( ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed Author~zed s~gnature for CARLISLE HOSP Date CUMBERLAND M322928-02 *** SIGN AND RETURN THIS PAGE *** ~ OF PmNSYLVANIA axJNl'Y OF aJMBmLAND HAGLUND Vs. Fi Ie Nc). 032233 DONUT CONNECTION INC ORIGINAL X-RAYS REQUESTED SUBPOENA TO PFlOClI.,CE DOC:U'1ENTS ClR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP-X, 246 PARKER ST, CARLISLE F~ 17013 TO: ATTN' RADIOLOGY DEPT (Nane of Person or Entity) Within twenty (20) days after service of this subpoenel, you are ordered by the court to produce the fol lowing docunent,,; or things: SEE ATTACHJW ADU~NUUM at MEDICAL LEGAL REPRODUCTIONS~Ad~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of ca11pliance, to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing the things sought. I f you fai I to produce the doct.rnents or things required by this subpoena within t",enty (20) days after its servjce. the party serving thin f;ubpoena may seek a court orde,' c;arpelling you to carply with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLON I NG PERSON: NAI-E: CHRISTINE E MUNION, ESQ ADDRESS : 10El W EU1 ST CONSHUHUCK~N, PA 19428 TELF.PH:)NE: SUPREI'E COURT 10# ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: seal:; i!W BY THE COURT: (?(;A7G /C. 7,~~ Prothonc)tary/Clerk. CivU Divisi , -t1/~..It~4) DepUty (Eff. 1/97) M322928-03 ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: CARLISLE HOSP-X ANY AND ALL X-RAY FILMS. PERTAINING TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON P}l, DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAl, X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorlzed slgnature for CARLISLE HOSP-X CUMBERLAND M322928-03 *** SIGN AND RETURN THIS PAGE *** Cl:J!oM)NWE1\LTH OF PmNSYLVANlCA axJNl'Y OF COMBEmAND HAGLUND Vs. Fi Ie Nc). 032233 DONUT CONNECTION INC OIRIGINAL X-RAYS REQUESTED TO: SUBPOENA TO PROOU::E DClCU1ENTS OR lH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 ST ELIZABETH REHAB, 830 THOMAS MORE PKWY #101, COVINGTON KY 41017 (NMle of Person or Entity) Within twenty (20) days after service of this subpoenfL, you are ordered by the court to produce the following docunent~ os~n~tTACHED AD>DENDUIH at MEDICAL LEGAL REPRODUCTIONS~A~~ess~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of COT1pliance, to the party making thi~ 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 t~enty (20) days after its serv~ce, the party serving thin ~,ubpoena may seek a court orde;' c:crllJe 11 i ng you to carp 1 y with it. lH I S SUBPOENA WAS NAMO: ADDRESS : ISSUED AT lHE REQUEST OF THE FOLLCWING PERSON: CHRISTINE E MUNION, ESQ 109 W Ii::b.M ST CU~~HUHUCKEN, PA 19428 TELEPHONE: SUPR&E <XlU'lT 10# ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: '1-I-oS- Seal of the Court BY THE COURT: Cu.-vtA ((.~ Prothonc)tary/Clerk, Civi.1 D' -rYJ~ - -----r---r Deputy M322928-04 (Eff. 1/97) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: ST ELIZABETH REHAB ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREAIMENT RENDERED TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON PA. DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAL, X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - -- - -- - - -- - - - - - ----- - -- - --- ---- -- - - - -- RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Date Authorized signature for ST ELIZABETH REHAB CUMBERLAND M322928-04 ** * SIGN AND RETURN THIS PAGE * ** CQMM)NWFALTH OF PmNSYLVANIA a:xJNl'Y OF aJMBEmAND HAGLUND Vs. Fi Ie Ncl. 032233 DONUT CONNECTION INC ORIGINAL X-RAYS REQUESTED TO: SUBPOENA TO PROClI..CE DOC:LtENTS ClR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR RESPET, 1243 S CEDAR CREST BLVD #2500, ALLENTOWN PA 18103 (NIITle of Person or Entity) Within twenty (20) days after service of this subpoeneL. you are ordered by the court to produce the following docunent~ OSi'iin:.{tTACHED ADtDENDlJ1\-1 at MEDICAL LEGAL REPRODUCTIONS'(AMPe'ss~940 DI:SSTON ST., PHILA., PA You may del iver or mai I legible copies of. the docunents or produce things requested h) this subpoena, together with the certificate of carpliance, to the party making thi, 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 servjce, the party serving thi,-; ~;ubpoena may seek a court orde;- c:arpe 11 ing you to CCJ1ll1y with it. TH I S SUBPOENA WAS NA/'E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLONING PERSON: CHRISTINE E MUNION, ESQ 109 W ELM ST CUNotlurtuC~EN, PA 19428 TELF.PH:)NE: SUPREI'E ccu:lT I D# ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: 7- /-(),~---- Sea 1 of the COUrt BY THE CXlURT: ~1., -II :k~ /(. ProthOnotary Clerk, Civil ~ / iVi~ M322928-05 Deput~ (Eff. 1197) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: DR RESPET ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON Pl, DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAl. X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF' YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS A VAlLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Date AuthorJ.zed sJ.gnature for DR RES PET CUMBERLAND M322928-05 * ** SIGN AND RETURN THIS PAGE ** * CQMKlNWE!\LTH OF PENNSYLVANIA axJNl'Y OF aJMBEmAND HAGLUND Vs. Fi Ie No:>. 032233 DONUT CONNECTION INC ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROClI.X:E ocx::LNENTS OR iH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR PATRICK HAWKINS, 1243 S CEDAR CREST BL\m, ALLENTOWN PA 18103 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoen!l, you are ordered by the court to produce the following doct.rnent", or tl::tingJl: C AtDErrnUF1l>l' SEE A TTA .liEJJ J ~ I1V..l at MEDICAL LEGAL REPRODUCTIONS{A~cJ.ltrnsP40 DJ:SSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi, 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 docunents or things required by this subpoena within t",enty (20) days after its serv~ce, the party serving thin ~;ubpoena may seek a court orde.' o::rrpe 11 ing you to c:aTl> ly with it. iH I S SUBPOENA WAS NA/oE : ADDRESS : I SSUEO AT THE REQUEST OF THE FOLLON 1 NG PERSON: CHRISTINE E MUNION, ESQ 109 W ELM llT CUN,;tiUHUCKl!;l~, PA 19428 TELEPHONE: SUPREI'E COURT I D# ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: 7~/-()J~ Seal of the Court BY THE COURT: (?{~ f(. ~. .. Prothon<:>tary/C1 erk, Civi.1 0' iSi~ _~ Pl6'"L~,. (J . Deputy M322928-06 (Eff. 1197) ADDENDUM TO SUBPOENA HAGLUND Vs. . No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: DR PATRICK HAWKINS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, COF~ESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA1~ENT RENDERED TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON Pl. DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAl, X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF' YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE A7TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorlzed slgnature for DR PATRICK HAWKINS CUMBERLAND M322928-06 *** SIGN AND RETURN THIS PAGE *** ~TH OF PmNSYLVANrA axJN1'Y OF aJMBERIMID HAGLUND Vs. File No. 032233 DONUT CONNECTION INC ORIGINAL X-RAYS REQUESTED SUBPOENA TO PR<lOIX:E DOCl..tENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRO REHAB, 501 N LIBERTY ST #200, ALLENTO~rn PA 18104 (Name of Person or Entity) Within twenty (20) days after service of this subpoenll, you are ordered by the court to produce the following docI.ment", orSi~n~T 1 ACHED AtJDENDUlVI at MEDICAL LEGAL REPRODUCTIONS'(A~e'ss'940 DJ:SSTON ST., PHILA., PA You may deliver or mail legible copies of the docune,nts or produce things requested h) this subpoena, together with the certificate of carpliance, to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within t...enty (20) days after its serv~ce, the party serving thh subpoena may seek a court orde;' corpelling you to ccrrply with it. TH I S SUBPOENA WAS NAI1:: ADDRESS : I SSUED AT THE REQUEST OF THE FOLLCM'I NG PERSON: CHRISTINE E MUNION, ESQ 109 W ELM S'T' CUN~tiUtiuCA~N, PA 19428 TELEPHONE: SUPREI'E c:x:un I D # ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: 7-/-(),5-- Sea I of the Court BY THE COURT: ~w Prothonc,tary Ie 1 erk, i v i -...... -?Y7~ Deputy M322928-07 (Eff. 7/97) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: PRO REHAB ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX C~S AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA'I'MENT RENDERED TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON PA, DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Authorized signature for PRO REHAB Date CUMBERLAND M322928-07 *** SIGN AND RETURN THIS PAGE *** <XMDNWFALTH OF PmNSYLVANlA CXXlNl'Y OF aJMBEmAND HAGLUND Vs. Fi le No. 032233 DONUT CONNECTION INC ORIGINAL X-RAYS REQUESTED TO: SUBPOENA TO PFl<lCll.CE lXlO..J'ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 RIVERSIDE FAMILY PRACT, 5649 WYNNEWOOD DR #203, LAURYS STATION PA 18059 (Ncme of Person or Entity) Within twenty (20) days after service of this subpoena" you are ordered by the court to produce the following docunent", or things: . SEE A1TAUlliU AlJIUENDUM at MEDICAL LEGAL REPRODUCTIONS{A~s'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h, this subpoena, together with the certificate of C011pliance, to the party making thi~ request at the address 1 isted above. You have the right to seek in advance the reasonab IE cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thin ~iubpoena may seek a court orde;' carpelling you to COTPly with it. TH I S SUBPOENA WAS NA/'E: ADDRESS: ISSUED AT THE REQUEST OF THE FOLLClNING PERSON: CHRISTINE E MUNION, ESQ 100 W ELH ST CONSHUHUCJ\.J;J:;, PA 19428 TELEPH:lNE: SUPREI-E CXU'lT I D# ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: 7 - 1-"" ,...... Sea 1 of the Court BY THE CXU'lT: G:~~;tar~tler~~vision r-7Yl~~A __r- M322928-08 (Eff. 7/97) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032:233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: RIVERSIDE FAMILY PRACT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX C~S AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA~~MENT RENDERED TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON Pl'. DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAl, X-RAYS REQUESTED TO INCLUDE RECORDS AND FILMS OF DR KIMBERLY SHEETS CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF' YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for RIVERSIDE FAMILY PRACT CUMBERLAND M322928-08 * ** SIGN AND RETURN THIS PAGE * ** CXJ!H)NWEALTH OF PENNSYLVANlA axJNl'Y OF aJMBEmAND HAGLUND Vs. File Nc). 03223~ DONUT CONNECTION INC SUBPOENA TO PROCll.k::E DOCU1ENTS OR 1li I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 LITTLEFORD DAY INC, 7451 EMPIRE DR, FLORENCE KY 41042 TO: ATTN: PERSONNEL DEPARTMENT (Nlme of Person or Entity) Within twenty (20) days after service of this subpoenll, you are ordered by the court to produce the following document~ or thin9S: SEE ATTACllliU AUUENULJM at MEDICAL LEGAL REPRODUCTIONS<A~s1940 DlCSSTON ST., PHILA., PA You may deliver or mail legible copies of the ~~ts or produce things requested hi this subpoena, together with the certificate of carpliance, to the party making thi, request at the address 1 ; sted above. You have the r ; ght to seek ; n advance the rea sonab I E cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within t\o;enty (20) days after its serv~ce, the party serving thin ~,ubpoena may seek a court orde'- compelling you to comply with it. 1li I S SUBPOENA WAS NAI-E : ADDRESS : I SSUED AT THE REQUEST OF THE FOLLCIN 1 NO PERSON: CHRISTINE E MUNION, ESQ 100 W EU1 ST CONSHOHOCK~N, PA 19428 TELF.P1-PNE: 5U>REI'E CXlURT I D# ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE CXlURT: C:t..4::A If- m/ Prothonotary Ie 1 ark, ei v i.l D' is i on ~J -r1~J..ry."-" M322928-09 DATE: 7-1- oJ--- Sea I of the Court (Eff. 1197) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: LITTLEFORD DAY INC ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN' S COMPENSJ~TION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFO~~TION PERTAINING TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON PJ~ DATE OF BIRTH: 02/23/66 SSAN: 407159260 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU 011 YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed s~gnature for LITTLEFORD DAY INC CUMBERLAND M322928-09 *** SIGN AND RETURN THIS PAGE *** ~TH OF PmNSYLVANIA <XXlNl'Y OF aJMBEmAND HAGLUND Vs. Fi Ie Ncl. 032233 DONUT CONNECTION INC SUBPOENA TO PRODUCE lXlCU1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 COMMUNICAID INC, 1427 WALLEN ST, ALLENTO~m PA 18102 TO: ATTN: PERSONNEL DEPARTMENT (Nema of Person or Entity) within twenty (20) days after service of this subpoenal, you are ordered by the court to produce the following dooument~ or things: SEE ATTACllliU AOUENUlJM at MED:ICAL LEGAL REPRODUCT:IONS(ACIi!fless1940 DJ:SSTON ST., PH:ILA., PA You may deliver or mail legible copies of the documents or produce things requested hI this subpoena, together with the certificate of caJ1pliance, to the party making thi, request at the address listed above. You have the right to seek in advance the rea.sonablE cost of preoaring the copies or producing the things sought. If you fail (20) days after ccrrpe 11 i ng you to to produce the documents or its serv~ce, the party carply with it. things required by this subpoena within twenty serving thir; ~;ubpoena may seek a court orde" THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: CHRISTINE E MUNION, ESQ ADDRESS: 100 W EU1 8T CONSHOHOCK~N, PA 19428 TELF.PH:)NE: SUPREI-E rouRT I D# ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE COURT: C.~ Il._ ~ '~~~D;: ~ M322928-10 DATE: ry- /-0.:;;..... Sea I of the Court (Eff. 1197) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: COMMUNICAID INC ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENS1~ION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMJ~ION PERTAINING TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON Pl, DATE OF BIRTH: 02/23/66 SSAN: 407159260 CERTIFIED PHOTOCOPffiS WILL BE ACCEPTED IN LIEU OF' YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized s~gnature for COMMUNICAID INC CUMBERLAND M322928-10 *** SIGN AND RETURN THIS PAGE *** COMMJNWEALTH OF PENNSYLVANIA a:xJNl'Y OF aJMBEm.I\ND HAGLUND Vs. File ~:l. 032233 DONUT CONNECTION INC SUBPOENA TO PRODUCE [)OCUo1ENTS ()R Tti I NGS FOR 0 I so:>vERY PURSUANT TO RULE 4009. 22 CAPITAL BLUE CROSS, PO BOX 779503, HARRISBURG PA 17177 TO: ATTN: LEGAL DEPT (Nane of Person or Entity) within twenty (20) days after service of this subpoeneL. you are ordered by the court to produce the following document~ or things: SEE ATTACllliD ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(A~s1940 Dl:SSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of canpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. I f you fai I to produce the documents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving 'thi Co ~,ubpoena may seek a court orde'- compelling you to comply with it. TtiIS SUBPOENA WAS ISSUED AT TtiE REQUEST OF THE FOLLClNING PI~RSON: N~: CHRISTINE E MUNION, ESQ ADDRESS : 100 W ELl'1 ST CONSHOHOC~N, PA 19428 TELF.PH:)NE: SUPREI'E CXlURT 10 # ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: 7-I-oS- Sea 1 of the Court BY THE ~T: (:::2.~ /( _ ~. , Prothoncltary/Clerk, Civil Divisi ~ . 1a.r~ (/ . Deputy M322928-11 (Eff. 7/97) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: CAPITAL BLUE CROSS ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT COEffiESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON Pl. DATE OF BIRTH: 02/23/66 SSAN: 407159260 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date AuthorJ.zed signature for CAPITAL BLUE CROSS CUMBERLAND M322928-11 *** SIGN AND RETURN THIS PAGE *** (~ ...., ;"i; .;;;....'-' ":.:"'": 'r' \"',' c:;; ~ .-1 J\r~ -"", -... [,.' ,') -2. "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HAGLUND Vs. NO. 032233 DONUT CONNECTION INC CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 CHRISTINE E MUNION, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 08/03/05 ~ CHRISTINE E MUNION, ESQUIRE 100 W ELM ST SUITE 200 CONSHOHOCKEN, PA 19428 610-397-4600 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 File #: M323317 By: Theresa Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HAGLUND Vs. DONUT CONNECTION INC No. 032233 TO: RICHARD ORLOSKI, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 07/13/05 CHRISTINE E MUNION, ESQUIRE 100 W ELM ST SUITE 200 CONSHOHOCKEN, PA 19428 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longmore Enc(s): Copy of subpoena(s) Counsel return card File #: H323317 o:JIoM)NWFALTH OF PENNSYLVANIA axJNl'Y OF aJMBERIAND HAGLUND Vs. Fi 1e No. 032233 DONUT CONNECTION INC ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOLCE DOCl..t'ENTS OR il-ll NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 RIVERSIDE MED ASSOCS, 5649 WYNNEWOOD DR STE 203, LAURYS STN PA 18059 TO: (Ncme of Person or Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentl'< or things: SEE AT l'ACllliV AUD~NDUM at MEDICAL LEGAL REPRODUCTIONS~A~~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible COpies of the docunents or produce things requesteci h, this subpoena. together with the certificate of comliance. to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. If you fail to produce the docurents or things required by this subpoena within t..,enty (20) days after its serv~ce, the party serving 'thin !;ubpoena may seek a court orde" cx:rrpelling you to comly with it. il-l'S SUBPOENA WAS NAI'E: ADDRESS: ISSUEO AT THE REQUEST OF THE FOLLOoYtNG PERSON: CHRISTINE E MUNION, ESQ 100 W ELM ST CON8HOHOC~N, PA 19428 TELF.PH:lNE: SUPREr-'E CCAJRT I D# ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE COURT: Division 1323317-01 DATE: ct R." Jr" ;UV( ea 11 of the Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HAGLUND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: RIVERSIDE MED ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DUANE HAGLUND ADDRESS: 583 FRANKLIN AVE PALMERTON PA DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAL X-RAYS REQUESTED ANY AND ALL RECORDS AND FILMS UP TO THE PRESENT CERTIFIED PHOTOCOpmS WILL BE ACCEPTED IN LmU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS ) PATIENT BILLING ) RECORDS I XRAYS have been destroyed Date Author~zed s~gnature for RIVERSIDE MED ASSOCS CUMBERLAND M323317-01 *** SIGN AND RETURN THIS PAGE *** ;.::.~ 0 c:? -r1 ~, I V, ~:l (,) C) cr, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HAGLAND Vs. NO. 032233 DONUT CONNECTION INC CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 CHRISTINE E MUNION, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). CHRISTINE E MUNION, ESQUIRE 100 W ELM ST SUITE 200 CONSHOHOCKEN, PA 19428 610-397-4600 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 Date: 03/17/06 By: Theresa Longmore File #: M329231 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HAGLAND Vs. DONUT CONNECTION INC No. 032233 TO: RICHARD ORLOSKI, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 i , DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 02/24/06 CHRISTINE E MUNION, ESQUIRE 100 W ELM ST SUITE 200 CONSHOHOCKEN, PA 19428 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longmore Enc(s): Copy of subpoena(s) Counsel return card File #: M329231 CXMDNWEI\LTH OF PENNSYLVANIA axJNl'Y OF CUMBEmAND HAGLUND File No. 2003 2233 VS. DONUT CONNECTION INC SUBPOENA TO PROO.lCE lXiCU1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SOUTHERN SKY LLC (N<rne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document~ or things: * l<8EE ATTACHED ADDE!IlDUMw W at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 'i (Address) You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of ccrrpliance, to the party making thL request at the address listed above. You have the right to seek in advance the reasonablE cost of preqaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its service. the party serving thin ~;ubpcena may seek a court arde'- compelling you to ccrrply with it. TH 1 S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLCW I NG PERSON: NAI'E: CHRISTINE MUNION, E~ ADDRESS : 100 W :ELM 5'.1:' rONQHOHOrKEN FA 19428 (215) 335-3212 TELEPHONE: SUPRE/'E c:xJlA'lT ATTORNEY FOR: 10 # DEFENDANT BY THE COJRT: /ji ~~~~~~k. Civil Division DATE: fr1aJ .s. c;lCO(", Seal of the Court C/'?./A<fi F~~~ - Deputy (Eff. 1197) ADDENDUM TO SUBPOENA HAGLAND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: SOUTHERN SKY ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORI<MEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: DUANE HAGLAND ADDRESS: 583 FRANKLIN AVE PALMERTON PA DATE OF BIRTH: 02/23/66 SSAN: 407159260 , 1 , CERTJlflliD PHOTOCOpmS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN . COMPLETE AND RETURN [ ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Date Author1zed s1gnature for SOU'l'HERN SKY M329231-01 U* SIGN AND RETURN THIS PAGE u* CQMMJNWEALTH OF PENNSYLVANIA CXXJNl'Y OF aJMBERLAND HAGLUND Fi Ie No. 2003 2233 VS. DONUT CONNECTION INC SUBPOENA TO PRODUCE DOCU1ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 TO: DR KIMBERLY SHEETS (Ncrne of Person or Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent" or things: **SEE ATTACHED ADDENDUM** i at ____MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the docunents or produce things requested b) this subpoena, together with the certificate of carp liance , to the party making thi, request at the address 1 isted above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving thi<; subpoena may seek a court orde,- cx:rrpel1;ng you to carply with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLCIN 1 NG PERSON: NA/'E: CHRISTINE MUNION. E.QQ...... ADDRESS: 100 W J:.LM 5T cnN~HnHnrKRN p~ 1q42R (215) 335-3212 TELEPH:lNE : stJ'REr-E ~T ATTORNEY FOR: 10 # DEFENDANT DATE: ~J~ Seal of the Court BY THE ~T: /5( ~-/' ~ Prothonotary/CJ ,Civil Division 7 )::: ~k 9J Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA HAGLAND Vs. No. 032233 DONUT CONNECTION INC CUSTODIAN OF RECORDS FOR: DR KIMBERLY SHEETS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS .AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DUANE HAGLAND ADDRESS: 583 FRANKLIN AVE PALMERTON PA DATE OF BIRTH: 02/23/66 SSAN: 407159260 ORIGINAL X-RAYS REQUESTED , ALL RECORDS, FILMS, X-RAYS, MR.!, CT SCAN, ETC. CERl1l'1l';D PHOTOCOpmS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN . COMPLETE AND RETURN [ ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS A VAlLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Author1zed s1gnature for DR KIMBERLY SHEETS Date M329231-02 U* SIGN AND RETURN THIS PAGE *u COMM:>NWEl\.LTH OF PENNSYLVANIA CXJUm'Y OF aJMBERIAND HAGLUND File No. 2003 2233 VS. DONUT CONNECTION INC SUBPOENA TO PRODUCE DOCl..t'ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ST ELIZABETH REHAB (N<me of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!\ or things: **SEE ATTACHED ADDENDUM~~ " " at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the doctrnents or produce things requested ~) this subpoena, together with the certificate of carpliance, to the party making thio request at the address listed above. You have the right to seek in advance the rea~onablE cost of preoaring 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 serv~ce, the party serving thh s;ubpoena may seek a court or de" carpelling you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO'IING PERSON: NAI'E: CHRISTINE MUNIQN,J~ ADDRESS: 100 W ",LJ.>!! ST ('()N"lH()H()(,KRN PJ>. 1q428 (215) 335-3212 TELF.PHONE: SUPREI'E caJRT ATTORNEY FOR: 10 # DEFENDANT BY THE COJRT: /.5/ d,~' .E' ~ ProthonotarylCl ,Civil Division DATE: J11av---L J, ~ Sea I of the Court .,.,./'.na r ~<0 ~ ' Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA HAGLAND VS. DONUT CONNECTION INC No. 032233 . CUSTODIAN OF RECORDS FOR: ST ELIZABETH REHAB ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DUANE HAGLAND ADDRESS: 583 FRANKLIN AVE PALMERTON PA DATE OF BIRTH: 02/23/66 SSAN: 407159260 . 1 1 ALL MEDICAL RECORDS, ETC. CERTil''JJill PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN. COMPLETE AND RETURN [ ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed s~gnature tor ST ELIZABETH REHAB M329231-03 U* SIGN AND RETURN THIS PAGE u* " r~::P C) , ,", ~n (:l" .-' -.;" :x::' :_J ; ;1 r'," , .,i'. - , X:- :.0 " ~,) '-<. . ' ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CML DMSION - LAW DUANE HAGLUND, Plaintiff CML ACTION Y5. No. 03-2233 DONUT CONNECTION, INC., Defendant JURY TRIAL DEMANDED PETmON FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin l. Orloski, counsel for Plaintiff in the above action, respectfully represents that: , 1. The above-captioned action is at issue; 2. The claim of the Plaintiff is less than or equal to $35,000.00 WHEREFORE, your petitioner asks the Court to appoint 3 arbitrators to whom the case shall be submitted. Respectfully submitted, The Orloski law Firm ~ Kevin l. Orloski Attorney for Plaintiff Attorney ID No. 90861 111 N. Cedar Crest Blvd. Allentown, PA 18104 610-433-2363 . .. .~. .0; it CERTIFICATE OF SERVICE I, Kevin L. Orloski, HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon the following person(s) by depositing same in the United States Mail, regular, first-class mail, postage prepaid, addressed as follows: Christine E. Munion, Esquire Devlin & Associates 100 West Elm Street, Suite 200 Conshohocken, PA 19428 Date: MaY~2006. The Orloski Law Firm ~--L?~A vin L. Orloski Attorney for Plaintiff Attorney ID No. 90861 111 N. Cedar Crest Blvd. Allentown, PA 18104 610-433-2363 , .. ;v (J ~ 1l \ h C' C ......... lJ ;sj ~ 2 0 r--., <= ~; <.:;;.';;t ~ <c' e;........ - ~ ~? ~fj'-' <- 1;:; ~ s -../' , '-'- 0"'1 a c=.) "-I :1:1>0 w :~~C1 N -< . fI_" I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CML DMSION - LAW DUANE HAGLUND, Plaintiff CMLACTION Y5. No. 03-2233 DONUT CONNECTION, INC., Defendant JURY TRIAL DEMANDED ORDER OF COURT , U nhAfJ AND NOW, this ~ day of (f-'~ ' 2006, in consider~tion of the foregoing petition';;1:;J mj ~ O~ESqUire, ~ /. ;?f'~SqUire, and t<JcuLt. ~ rs in the above-captioned action. J. ~. .. -" . 'I" , .,. " , ). f~ i'f t f. ~ '" , ~ 1" 1 ,..., ,- (\....tJ\{I:; . ~.,--...'I'"'J '1;',1' ", 21 :~ Hd Z I j\;nr SUOl 'l:\"l"""""'" ::\''':10 1\ v. \",:j'J'..K;,~'v'CO -.lllJ.. 38i:!.JO-{131\:l DUANE HAGLUND, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DONUT CONNECTION, INC., DEFENDANT : 03-2233 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of August, 2006, the appointment of Robert L. O'Brien, Esquire, as Chairman of the Board of Arbitrators in the above- captioned case, IS VACATED. Taylor P. Andrews, Esquire, is appointed in his place. Taylor P. Andrews, Esquire ~~ F~/IJ-O' ~ Court Administrator :sal 0\ (Y) ~ .:::J o.~. .~.. Ostf ..~~ ~~ ....)2 ::t:Z :..dw me.. a .. - - 2: ..q co , g "'C ::g ~ DUANE HAGLUND, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DONUT CONNECTION, INC., DEFENDANT 03-2233 CIVIL TERM ~ I ORDER OF COURT AND NOW, thiS~~' of November, 2006, the appointment of Charles P. Mackin, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. TaylorP.Andrews, Esquire - c~ ~ M,__~tfL - ;/.f.?Jt, Chairman ~'-c7 Court Administrator :sal ~ , - :'~.;;,.. :::3 ....... r--,:) = = 0""' :;T- o ..c: o ." .-t :r.,j rT1~t :gb :~~ , ) ::::.\ -~i>> ~ I I..D ~ -- tJ::; .. 0.) CJ:) ^ I I j..!vCtt.t,e. ~A1lu"" c! Plaintiff IJ f) '^ v f Ct iA Ii1. fl.e..f, , ~ J r ~ In The Court of Common Pleas of Cumberland County, Pennsylvania No. c>.s - J.J. 33 Defendant Civil Action - Law. Oath We do sol~mn1y swear (or affirm) that we will support, obey and defend the Constitution of the United States the Consti on of this Commonwealth and that we will discharge the duties of our office with ell. . C4 ",/~ffe IlfL 7tJ/.7 City, Zip =IF JloqiPB Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~u.;a i/~:1-.7i -h~ "":1/0(" P. 4..Jre<.? N (Chairman) 1)..Ad.reJJ> 1 f;;' t;\~ "1 Law Firm 7'i w. P~~f :>~ Address e,.( /t!>le City, fJ# J~J3 Zip * 10111 - . ~ tJiu" /1aY"4 Name r3~~1 'l-A"'flQAA LawF' ( 5""7 W 1~J'tJ~e I- f.f. Addren ~ C?J,-~vtcb ~ .f , l-et S,L~s~eA Dvr:f;e Law Firm 3tH t1a.rkf.f 5.f A.d.Con L~~dYI4(J PA 1764/,1 City, · . Zip' cff , 11#3) CI' cA..J. a. 90 (n .,-1- " Date of Hearing: 1/- , - (), Date of Award: 11-'1-<% ert name if applicahI:~ Now, the lfi"h day of NC1Je.mhPr ,20 ~ , at JD:a.4 , 1L.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ~qD. DO Prothonotary By: Deputy ~ ~. J wo{l. VAv ~ .('1. . 'f!) ~.\b: \,\11,\0 tor \.J)(r 6 . ~. ",,{\(le J ~c).v ~)'i\~ \\J~~ '" .r;::- ,~.) -n c.n f";~)