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Home My WebLink About01-04396IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kim Yoder 2424 Dickinson Avenue Camp Hill, PA 17011 Plaintiff(s) & Addresses Versus No. OI - y~~t;~ ~~ u ~~ ` Civil Action - (X) Law ( )Equity JURY TRIAL DEMANDED Dollar Tree Stores, Inc. 1200 Market Street Lemoyne, PA 17043 Agent for Service: Dollar Tree Stares, Inc. CT Corp. System 1635 Market Street Philadelphia, PA 19109 Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to (X )Attorney ( )Sheriff Ron S. Chima. Esa. Shollenberger & Januzzi. LLP 1820 Linglestown Road Harrisburg. PA 17110 (717)234-3700 Names/Address/Telephone No. of Attorney Signature of Attorney Supreme Court ID No. 81916 Date: July 18. 2001 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: ,~~~~;, Prothonotary by' /l2,, o ~ ya .~ Deputy ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-04396 P COMMONWEALTH OF PENNSYLVANIA: •- CO~JNTY OF CUMBERLAND YODER KIM VS DOLLAR TREE STORES INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DOLLAR TREE STORES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA serve the within WRIT OF SUMMONS County, Pennsylvania, to On August 21st 2001 this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answer Docketing 6.00 % ~~ Out of County 9.00 / ~ Surcharge 10.00 R. Thomas Kli e Dep Philadelphia 116.00 Sheriff of Cumberland County .00 141.00 08/21/2001 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this ,Lq ~' day of a2ao/ A.D. ~,~. Q ~. OD, _ , A 0~ -fir Prothonotary SHERIFF'S RETURN - REGULAR CASE N0: 2001-04396 P ° C0~~7MONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIM VS DOLLAR TREE STORES INC BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DOLLAR TREE STORES DEFENDANT the at 1715:00 HOURS, on the 25th day of July 2001 at 1200 MARKET STREET LEMOYNE, PA 17043 by handing to JILL HINDES MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this .~ 8 ~ day of (.tom ,.und,r ~o-„i A.D. ~--1~~., ~ 71n. pD,_ . -moo onotary ' So Answers: ~~ R. Thomas Kline 08/21/2001 SHOLLENBERGER & JANUZZI D ty S eriff -~r~ .. .. ~ a a ~ t~ .~ ~ y SHERIFFS RETURN - SUMMONS/COMPLAINT ~. n /l l !v( y o o~ 2 VERSUS TERM, e1A01 ~ O~c,ra2 `7~R.EE ~702ES NO~ ~34i= l~~. (,' /0 C T e.0 R P ^ Defendant SERVED AND MADE KN04VN TO f~ I3 0 V E /lJ l9 M E ~ (~ Defendant Company by handing a true and attested copy of the within Summons/Complaint, issued in the above captioned matter on >~U ~LJS i Co ,49101 , at -00 o'clock, A M., E.S.T./. at ! .Sl S M ~ R 1<E T ~T. ! aT'~ F L , in the County of Philadelphia, State of Pennsylvania, to S ~ N 0 k ~ SOLO M D ~ ^ (1) the aforesaid defendant, personally; ^ (2) an adult member of the family of said defendant, with whom said defendant resides, wf:o stated that his/her relationship to said defendant is that of [; (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re- quest, to give his/her name and relationship to said defendant; ^ (4) the manager/clerk of the place of lodging in which said defendant resides; ~( (5) agent or person for the time being in charge of defendant's office or usual place of business. ^ (6) the and officer of said defendant Company; So Answers, JOHN D. GREEN, Sheriff COMMON PLEAS NO. COUNTY COURT fay: Q..~ Deputy .Sheri l! 12-38 (Rem. 12i$7) ~In '1'.he Court of Common Pleas of Cumberland. County, Pennsylvania Kim Yoder VS. Dollar Tree Stores, Inc et al SERVE: Dollar Tree Stores, Inc. No. O1 4396 civil Now July 20, -2001 I, SHERIFF OF CiJMLERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~' ~...~ Sheriff of Cumherland County, PA Affidavit of Service NOW, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT. the contents thereof. County, PA ~~ POST & SCHELL, P.C. BY:PAUL W.GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KIM YODER Plaintiff, v. DOLLAR TREE STORES, INC. Defendant. TO THE PROTHONOTARY: ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-4396 ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Dollar Tree Stores, Inc., in the above-captioned matter. BY: POST & SCHELL, P.C. Attorney for CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Ron S. Chima, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17110 C ~a„~-~ ~~o-~-~ RA MORALES DATE: (~ t -2- POST &SCHELL, P.C. BY: PAUL W.GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 I{IM YODER Plaintiff, v. DOLLAR TREE STORES, INC. Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-4396 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST &SCHELL, P.C. BY: Gx;~~~~ Paul W. Grego, Esquir Attorney for Defendant RULE TO FILE//COMPLAINT AND NOW, this ~ day of N[.tD1.e_~ 2003, a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer entry of Judgment of NonnP'ros_. --~C~G Prothonotary ~~ CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Ron S. Chima, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17110 C 0 SANDRA MORALES (4 l ~3 DATE: -2- see z z POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KIM YODER Plaintiff, v. DOLLAR TREE STORES, INC. Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-4396 .y QUAL FIE PRO CTI O ER ~-tx~ ~leaw, -~tci. Z°l~ ~~1 Sep eJ r Zer,3 e Pursuant to the attached Stipulation oTthe Parties (or pursuant to Defendant's Motion), the Court hereby enters this Qualified Protective Order pursuant to the Privacy Rules implementing the HIPAA at 45 CFR § 164.512(e): In response to a discovery request or subpoena which is served under the Rules of Civil Procedure, the parties to this litigation and/or their counsel are permitted to obtain protected health information (hereinafter "PHI")1 from any health care provider/covered entity (hereinafter "covered entity")Z who rendered treatment to plaintiff Kim Yoder or made payment for treatment on plaintiffl s behalf; 2. The parties and/or their counsel are prohibited from using any PHI obtained with this Qualified Protective Order for any purpose other than this litigation; except that, nothing ~- ~ As defined at 45 C.F.R. 164.501. 2 As defined at 45 C.F.R. 160.103. POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KIM YODER Plaintiff, v. DOLLAR TREE STORES, INC. Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-4396 STIPULATION FOR QUALIFIED PROTECTIVE ORDER NOW INTO COURT, come the below named parties by and through their undersigned counsel, who hereby stipulate and agree that the attached Qualified Protective Order is hereby approved throughout this litigation. DATE: ~ 3 DATE: l "~J/' BY: /R HIMA, ESQUIRE Attome fer Plainfiff BY: Gti~~2~ A W.GREGO,ESQ 1 Attorneys for Defendant ,.~os~ ~ Sche I 1 09-~-~ PREREQIIISITE TO SERVICE OF A SIIBPOENA Pi1RSIIANT TO RIILE 4009.22 IN THE MATTER OF: KIM YODER COURT OF COMMON PLEAS TERM, -VS- DOLLAR TREE STORES, INC. CASE N0: 01-4396 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO,ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The Subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/12/2003 S~kyeh}1 of AUL W.~' /GR O,E , Attorney for D~ END DE 12-226206 2 7 5 2 3- L 0 1 e- ~--m Vi/10/UJ 1IlU 1J: V0 PHA !11 LJ40L1L 1. N. JIIVLLGIVDERW1tt.liJV. 89/'18/2093 11:09 ~• S~TI O 1601 Mazket Street, State 80D, Phitadclphia Yeaneylvania 19103 (275) 246 -0900 Fax Number (27.5) 246-0959 URGENTd!!P. URGENTit!!! URGENT!!!!! SEP'ID4~6. ]2, 2003 R'Ai Y[67612 &~Y YODSR 4e DW+L:9R 'A2BR 510RE5, 71~. 7t)SP & ffi~, PALO, W. Cd~,ESQ. - ~ ~ haae bees requested by the above-netsti~Ed trnms2]. to ~iGaiIl nateYial ra an expedited basis fran the belraa listed c~~stodi~as. Ea ort~s to cotg+ly with this zequest tae Est have Your signature indicating that you dive tffi ttaeity~,y. notice peried ptevi~d in Riles 4009.21 sod 4009.22. Plead Y`ex this facet to us ;,~3~a*pty at (215) 246-0959 with yrn¢ eiolaature, s0 that we ~ mnply with this request. Yms axtpeCatiaui' wwild be greatl'y' appreciated. &inrnsely. SAR4Z4Li PRICE , QtstadraDS: t6iSP SI~ftE FAMILY PRAC13C6 - I47DICAL, ATTTTT, A7ID x-&AY~$} 7ffi2[1 C9IItpPAA~ISC CC~IIC, P.C. - h~IICAL„ BIISIISi, ALA %-I~.Y(S) Counsel: KAKI, JAA[1ZZI, ESQUIRE 7 4-6212 6 I agree to naive siting pericd Date: 1 B Gies: Yes_ Db I agree to pay tke imroice pmvidsd with the rkxeLle°tit5 I ao nat agcee to waive rule: fzate- RRwI-140314 Z 7 5~ 3- C 0 1 ~oez C OMM ONW EAL T H O F P E NN S Y LVAN 2 A COUNT Y O F CUMBERLAND IN THE MATTER OP: COURT OF COMMON PLEAS RIM YODER -VS- DOLLAR TREE STORES, INC. TERM, CASE N0: 01-4396 TO PRODUCE NEST SHORE FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) HERD CHIROPRACTIC CLINIC, P.C. MEDICAL, BILLING, AND X-RAY(S) T0: RON S. CHIMA, ESQUIRE MCS on behalf of PAUL W. GREGO,SSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/12/2003 MCS on behalf of PAUL W. GREGO,ESQ. Attorney for DEFENDANT CC: PAUL W. GREGO,ESQ. - 579/117835 Any questions regarding this matter, contact THB MCS GROIIP INC. 1601 MARRET STR$ET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-241269 2 7 5 2 3- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIM YODER -VS- File No. 01-4396 DOLLAR TREE STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009? TO: CUSTODIAN OF RECORDS FOR: WEST SHORE FAMILY PRACTICE (Name of Person or Entitv) Within twenty (^_0) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC, 1601 MARKET STREET, STE 800 , PHILA PA 19103 (address( You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS 5UBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA,~[E: PAUL W. GREGO, ESQ. ADDRESS: 1857 WILLIAM PENN WAY, P.O. BOX 10248 LANCASTER PA 17Fi (15 TELEPHONE: (215)246-0900 SUPR$ME COURT ID n: ATTORNEY FOR: DEFENDANT n(~ ~~f~ 1 9 2003 DATE: J~2o~ 1l.e. ~.U43 Seal er the Cour: BY E CO 'RT: /~ Prornonotan~jCI~erly,,~/ e. ieision Dec EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST SHORE FAMILY PRACTICE 550 N. 12TH ST. LEMOYNE, PA 17043 RE: 27523 KIM YODER INCLUDING DIAGNOSTIC STUDIES Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entue medical, billing, and diagnostic £ile, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject :KIM YODER 2424 DICKINSON AVE., CAMP HILL, PA 17011 Social Security #: 194-46-9964 Date of Birth: 10-16-1956 SU10-463856 2 7 5 2 3- L 0 1 =.rya, .. ,~.~~ CERTIFICATE PREREQUISITfi TO SERVICE OF A SUBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: KIM YODER -VS- COURT OF COMMON PLEAS TERM, CASE N0: 01-4396 DOLLAR TREE STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO,ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/12/2003 PAUL W. GREGO,ESQ. Attorney for DEFENDANT DE12-226207 2 7 5 2 3- L 0 2 C OMM ONW EAL T H O F P E NN S Y LVAN S A COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RIM YODER -VS- DOLLAR TREE STORES, INC_ TERM, CASE N0: 01-4396 NOTICE OF ]ZITSNT TO SERVE A SUBPOENA TO PRODIICE DOCONISNTS AND THINGS FOR DISCOVELtY PURSIIAN'P TO RULE 4009.21 WEST SHORE FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) HERD CHIROPRACTIC CLINIC, P.C. MEDICAL, BILLING, AND X-RAY(S) T0: RON S. CHIMA, ESQIIIRE MCS on behalf of PAUL W. GREGO,ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/12/2003 MCS on behalf of CC: PAUL W. GREGO,ESQ. - 579/117835 Any questions regarding this matter, contact PAUL W. GREGO,ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREHT #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-241269 2 7 5 2 3- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIM YODER -VS- DOLLAR TREE STORES, INC. File No. OI-4396 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.?? TO: CDSTODIAN OF RECORDS FOR: HERD CHIROPRACTIC CLINIC, P.C. (dame aE Persan or Entihj Within twenty (^_0) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC, 1601 MARKET STREET, STE 800 PHILADELPHIA PA 19103 (Address) Yau 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 ar things required by this subpoena, within twenty (.0) 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: ~i 4YIE: PAUL W. GREGO, ESQ. ADDRESS: 1857 WILLIAM PENN WAY, P.O. BOX 10248 LANCASTER PA 17605 TELEPHONE: (215)246-0900 SL'PREVIE COURT ID ~: ATTORNEY FOR: DEFENDANT 3~P 1 9 2003 D.~TE:. ~~ ~ L ~ .~[x~3 Seal er the Cour: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERD CHIROPRACTIC CLINIC, P. C. 2704 MARKET STREET CAMP HILL, PA 17011 RE: 27523 KIM YODER INCLUDING DIAGNOSTIC STUDIES Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject :KIM YODER 2424 DICKINSON AVE., CAMP HILL, PA 17011 Social Security #: 19446-9964 Date of Birth: 10.16-1956 SU10-463858 2 7 5 2 3- L 0 2 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 1 71 06-0 545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff ~~ - KIM YODER, Plaintiff v. DOLLAR TREE STORES, Defendant IN THE COURT OF COMMON PLEAS CUN9BERLAND COUNTY, PEIvNSYL`vANIA NU. 01-4396 CIVIL ACTION -LAW JURY TR1AL DEMANDED PRAECIpE TO ENTER APPEARANCE TO THE PROTHONOTARY: action. Please enter my appearance as counsel for the Plaintiff in the above-captianed Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP J anuzzi, Esq. Attor y LD. No. 65575 Dated: October 6. 2003 srloLLenlr.~er.celz ~ dnrrur.~I.1.I.P I b.O L@IGI ESTOWf.I ROAiJ ~ P.O. BOS 505Y5 ~ HARFISBURG. PA ^IOG~CSYS 111 ]) R3Y~3iG0 ~ FAK (Tt'7) 3JY~5.`t't wa/wsh,IparJaw cnm SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 1'7105-0545 Telephone Number: (717) 234-3700 Fax Number: (717} 234-8212 Attorneys for Plaintiff KIM YODER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOLLAR TREE STORES, Defendant NO. 01-4396 CIVIL ACTION -LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this ~ of October, 2003, I hereby certify that I have served the following Praecipe to Enter Appearance on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paul W. Grego,Esq. Post & Sche(I 1857 William Penn Way P. O. Box 10248 Lancaster, Pa. 17605 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP r BY~ ..-.-.-.-. .__ _____ K rl J. Januzzi, Esq. Attorney LD. #65575 Date: October 1,,, , 2003 SN!)LLEDBEFGE' R 3 JFFlUZZI, LLP t(f2U L'IdGLESI'CIp44 Po~ap•V(J FqX Ga54E. HARRISSIJR u, PA 17fe5-05:h R 1718343700 . fAic (717)'2345212 ~nvrv..hcllier~ia,v mm SHOI_LENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60.545 Harrisburg, Pennsylvania 1 7 1 06-0545 Telephone Number: (717) 234-3700 Fax Number. (717) 234-8212 Attorneys for Plaintiff KIM YODER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOLLAR TREE STORES, INC., Defendant NO. 01-4396 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN I_A CORRE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) digs de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la carte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la carte tomato medidas y puede entrar una orders contra usted sin previo avisa o nofoficacaion y por cualquier queja o alivia que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos impartantes pare usfed. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUF[CIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SNOLLENBERGER & JANUZZI, LLP 1820 Linglestawn Road P.O. Box 60545 Harrisburg, Pennsylvania 1 7 1 06-0545 Telephone Number: (717) 234-3700 Fax Number: (7'17) 234-8212 KIM YODER, Plaintiff v. !N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4396 DOLLAR'i"REE STORES, INC., Defendant CIVIL ACTION -LAW JURY TREAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in tyre follotiving pages, you must take acfion within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. Yau are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the; Court without further nokiae for any money entered against you try the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lase money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER "TO YOUR LAWYER AT ONCE. !F YOU DO NOT HAVE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOIJ CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (71 'l) 249-3166 SHOLLENBERGER & JANtJZZI, LLP 1$20 Linglestown Road P.O. Bax 60545 fiarrisburg, Pennsylvania 17106-0545 Telephane Number. (717) 234-3700 Fax Number: (717} 234-$212 Attorrroeys for Plaintiff KIM YODER, Plaintiff v. DOLLAR TREE STORES, ING., Defendant IN THE COURT OF COMMON PI._EAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4396 CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, KIM YODER, fay and through her attorneys, SHOLLENBF_RGER & JANUZZI, LLP, and respectfully represents the following: 1 2 3. 4. The Plaintiff, KIM YODER, is an adult individual wha currently resides at 2424 Dickinson Avenue, Camp Hill, Cumberland County, Per7nsylvaraia. The Defendant, DOLLAR TREE SPORES, INC., (hereinafter referred to as "Dollar Tree"), is a Fareign business corporation operating as a retail stare with a place of business at 1200 Markef Street, Lemoyne, Cumberland County, Per7nsyivania. At all times relevant hereto, the Plaintiff, KIfV1 YODER, was a business invitee of Defendant DOLLAR TRF_E. The facts and circumstances hereinafter set forth took place an August 1 fi, 1999, in the Dallar Tree Stare, 1200 Markef Street, Lemoyne, Cumberland County, Pennsylvania. SHC)LLBPIBER6ER K .IANUSL LLP 1810 LI!lGLF.S'fCLY011?OAD.!'b. BO>(lp545•HAF'<RIS'2.lIRG, PA 1i 1f16~0548 (] 17i'~i4-3700 • fAx (711 i <'d-8? 11 5. At the aforesaid time and place, Plaintiff, KIM YODER, was shopping in the Dollar Tree Store when a stack of unused boxes that had been folded up and leaning against a shelf in the aisle collapsed in front of her, causing her to slip and fall. 6. As a result of the aforesaid occurrence, Plaintiff, KIM YODER, has suffered serious and permanent injuries, including but not limited to the following: a. Right shoulder injury; b. cervical disc herniation; c. lumbar disc herniation; d. severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine e. severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine f. Shock to the nerves and nervous system; g. Mental and physical anguish. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff, KIM YODER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, KIM YODER, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, KIM YODER, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. z SHOLLENBERGER 8 JANUZZI, LLP 1620 LINGLESTOW N ROAD ~ P.O. BOX 60545 ~ HARRISBURG, PA 17106-0545 (717)234-3700 ~ FAX (717)234-8212 13. As a further result of the aforesaid injuries, Plaintiff, KIM YODER, has been and may continue to be subjected to further medical procedures and treatments, and all accompanying risks, hazards, pain, suffering, discomfort and economic losses associated therewith, and may be compelled to expend money for medicine and medical attention, for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, KIM YODER, has suffered and may continue to suffer a loss of earnings for which damages are claimed. COUNTI KIM YODER v. DOLLAR TREE STORES, INC. 15. Paragraphs 1 through 14 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 16. At all times relevant hereto, Defendants knew or should have known, in the exercise of reasonable care, of the foreseeable risk of harm which could result from Defendants, their agents, employees, servants, workmen and/or representatives, negligently stacking the folded boxes in an area used by patrons. 17. The aforesaid incident and resulting injuries to the Plaintiff, KIM YODER, were a direct and proximate result of the negligence, carelessness and recklessness of Defendants, which consisted of: a. Creating a dangerous condition in the store by stacking unused, folded boxes in an area accessed by patrons where they could cause a hazard; b. Failing to exercise the duty of reasonable care required of business establishments to protect patrons from known and obvious dangerous conditions existing on the premises known to be used and of necessity to be used by said patrons; 3 SHOLLENBERGER 8 JANUZZI, LLP 1 B20 LINGLESTOWN ROAD ~ P.O- BOX 60545 ~ HARRISBURG, PA 17706-0545 (717) 234-3700 ~ FAX (717) 234-8212 c. Failing to provide any warning of the above referenced dangerous condition; d. Failing to exercise reasonable care to make the condition safe or to warn patrons of the dangerous condition; and e. Creating or allowing a situation where it would be necessary for patrons to encounter dangerous conditions in the course of shopping at their place of business, 18. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendants as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, KIM YODER. WHEREFORE, Plaintiff, KIM YODER, demands judgment against the Defendant, DOLLAR TREE STORES, INC., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs thereon as allowed by law. Respectfully submitted, SHOLLENBEF;,GER & JANUZZI, LLP By: Karl J. Ja~zzi, Esquire Attorney I.D. No. 65575 Dated: November ~, 2003 4 SHOLLENBERGER 8 JANU2ZI, LLP 1620 LINGLESTOW N ROAD ~ P.O. BOX 60545 ~ HARRISBURG, PA 17106-0545 (717) 234-3700 ~ FAX (717) 234-6212 St-IOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Bax 60545 F-larrisburg, Pennsylvania 1`1106-0545 Telephone Number: (717) 234-3704 Fax Number: (717) 234-8212 Attorneys for Plaintiff KIM YODER, Plaintiffs IN THE COUR`1° OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOI_I_AR TREE S'T'ORES, INC., CDefendants NO. 01-4396 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIF[CATE OF SERVICE AND NOW this ~-._ day of ___. _ .................... 2003 I hereby certify that I have served a true and correct copy of the Complaint by United States mail, postage prepaid, addressed to: Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way, Suite 101 P. O. Box 10248 Lancaster, PA 17605-0248 l By~ °~ ~- .._.. ______ ............................ arl J. Januzzi, Esquire KIM YODER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. '. CIVIL ACTION -LAW DOLLAR TREE STORES, INC. Defendant. N O. 01-4396 VERIFICATION Kim' Yoder hereby acknowledge that I am a Plaintiff in this action and that I have read the Complaint and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. pate: ~ ~ (i ~-~ 03 SHOLLENEERGER 4 JANUZZI, LLP 1820 LINGLESTOFY ROAG ~ P.0. BO% fi0343 ~ NARASSEURG, PA 1]106-d S4S ~]1]) 234-3>00 ~ PA% ;]1]) 234-8212 -.i xC.t _6.]....9... HIM YODER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DOLLAR TREE STORES,: 1NC, Defendant NO.O1-4396 CIVIL TERM ORDER OF COURT AND NOW, this 15~' day of January, 2004, upon consideration of Defendant's Motion To Compel Plaintiff To Produce Answers to Defendant's Discovery Pursuant to Rule of Civil Procedure 4001-1, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ~n S. Chima, Esq. 1820 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Paul W. Grego, Esq. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Attorney for Defendant ~pg}-q~ 5 c1~e1 V :rc ~ ~0~.~-~ n JAN 0 8 2003 POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KIM YODER Plaintiff, v. DOLLAR TREE STORES, INC. Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-4396 ORDER AND NOW, this day of 2003, upon consideration of JAN 1 Defendant's Motion to Compel Discovery, it is hereby ORDERED and DECREED that Plaintiff, shall provide full, complete and specific answers to the said Interrogatories and Request for Production of Documents no later than twenty (20) days from the date of this Order or upon failure thereof, Plaintiff shall be subject to appropriate sanctions in accordance with Pa. R.C.P. 4019(c) which may include preclusion of evidence. 200 J. POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KIM YODER Plaintiff, v. DOLLAR TREE STORES, INC. Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-4396 DEFENDANT'S MOTION TO COMPEL PLAINTIFF NOWINTO COURT, through undersigned counsel, comes the Defendant, Dollar Tree Stores, Inc., present this Motion to Compel Discovery as follows: Plaintiff initiated this suit by filing a Writ of Summons on July 19, 2001 against the above-named Defendants. On September 10, 2003, Moving Defendant served Interrogatories and Request for Production of Documents upon Plaintiff. A true and correct copy of that letter is attached hereto and marked Exhibit "A". On December 24, 2003, Moving Defendants counsel sent a letter to Plaintiff s counsel requesting a reply to Defendant's Interrogatories and Request for Production of Documents. A true and correct copy of that letter is attached hereto and marked Exhibit "B°'. 4. To date, Plaintiff has still not responded to the discovery requests or reminder letters. This discovery is essential to the Moving Defendant's preparation of it's defense. 6. Moving Defendant cannot prepare properly it's defense without Plaintiff's answers to discovery. 7. Plaintiff s failure to comply has prejudiced Moving Defendant in preparing it's case for trial. 8. Plaintiff s failure to comply with the Rules of Discovery is known to be wrong, is intentional and dilatory. 9. The parties have tried to amicably resolve this dispute yet Plaintiff has been completely unresponsive. WHEREFORE, Moving Defendant, respectfully requests this Honorable Court to enter an Order compelling Plaintiff to file full, complete and responsive answers to Defendant's Interrogatories and Request for Production of Documents, within twenty (20) days of the date of this Order or upon failure to do so, suffer appropriate sanctions in addition to prohibiting Plaintiff from submitting any evidence at trial concerning the issues addressed in that discovery. Respectfully submitted, POST & SCHELL, P.C. By: ~ Paul .Grego, Esquire I.D. No. 39701 ~~ ~ _/~ (~ Attorney for Defendant DATE: ~/ / -2- poste scx~lr-,P~ ATTOPNE YS AT LAW September 10, 2003 Ron S. Chima, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17110 RE: Yoder v. Dollar Tree Stores, Inc. Cumberland County CCP No.: 01-4396 PENNSYLVANIA Dear Mr Chima: PHIIAOELPeIA . PiTTSauR~H Enclosed se and Defe s st i "ARRISEURG re pursuan o th LANCASTER truly yours, ALLENTOWN IVEW JEHSET PRINCETON Para egal AEE:ae Enclosures Anne E. Esh Paralegal Direct Dial: 717-391-4438 Fax Number: 717-291-1609 aesh@postschell.com File #: 579-117835 i and indly 1857 WILLIAM PENN WAY P.O. Box 1,Q248 LANCASTER, PA 17605-0248 717:291.4532 WWW.pOST$OHELL,GOM A PENNSYLVANIA PROFESSIONAL CORPORATION poST~ SCHELLn~ ATTOA NEYS AT LAW December 24, 2003 Ron S. Chima, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17110 RE: Yoder v. Dollar Tree Stores, Inc. Cumberland County CCP No.: 01-4396 PENNSYLVANIA PHILADELPHIA Dear Mr. Chima: PITTSBURGH HARRISBURG LANCASTER ALLENTOWN NEW JERSev PRINCETON Very truly yours, Anne E. Esh Paralegal AEE:ae are not know ~ Anne E. Esh Paralegal Direct Dial: 717-391-4438 Fax Number: 717-291-1609 aesh@postschell.com File #: 579-117835 dry, I write to to granting a Tonal time (if discovery, we 7 $S7 WILLIAM PENN WAY P.Q. BOX 1OZ4$ LANCASTER, PA t]6OS-O24$ ]t 7.291.4532 wNfW.POSTSCHELL,COM A PENNSYLVANIA PROFESSIONAL CORPORATION POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KIM YODER Plaintiff, v. DOLLAR TREE STORES, INC. Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-4396 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ALL PARTIES YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty (20) days of service thereof or a default maybe entered against you. POST & SQL BY: ~ PAUL W. GREGO, E Attorney for Defendant POST & SCHELL, P.C. BY: PAUL W. GREGO LD. #:39701 ' 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KIM YODER Plaintiff, v. DOLLAR TREE STORES, INC. Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01-4396 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT NOW INTO COURT, through undersigned counsel, comes the Defendant, who, in answer to the Complaint of the Plaintiff, respectfully represents that: 1. Defendant, pursuant to Pennsylvania Rules of Civil Procedure 1029(e), hereby generally denies the allegations of the Complaint, except to admit the allegations of paragraph 2. WHEREFORE, Defendant, Dollar Tree Stores, Inc., prays that the Complaint be dismissed, at the cost of the Plaintiff. NEW MATTER 2. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 3. The applicable Statute of Limitations may have expired prior to the institution of this action. 4. Answering Defendant was not negligent. -2- 5. Any acts or omission of answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 6. The incident and/or damages described in Plaintiffs' Complaint may have been caused or contributed to by the Plaintiff. 7. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 8. The Plaintiff may have assumed the risk. The Plaintiff may have been contributorily negligent. The incident, injuries and/or damages alleged to have been sustained by the were not proximately caused by answering Defendant. 9. Plaintiff may not have properly mitigated her damages. WHEREFORE, Defendant, Dollaz Tree Stores, Inc., prays that the Complaint be dismissed, at the cost of the Plaintiff. POST & SCHELL, P~C.~ ~ BY: G~i~t^;~//" PA W.GREGO,ESQ Attorney for Defendant -3- RE: Yoder v. Dollar Tree Stores, Inc. VERIFICATION I HEREBY VERIFY that the statements made by Defendant, Dollar Tree Stores, Inc., and are contained in the within Answer with New Matter of Defendant are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I certify that I am a duly authorized representative of Dollar Tree Stores, Inc. and as such, am authorized to make this Verification on its behalf. BY: ollar Tree Stores, Inc. ackie Scott, Claims Specialist DATE: ~ _ ~ ~ - ®~1 -4- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Karl Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17110 LJ Q1111~- SANDRA MORALES DATE: ~~ ~ -5- SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Raad P,O. Bax GOfi45 Harrisburg, Pennsylvania 1 71 06-0 545 Telephone Number: (717} 234-3700 Fax Number: (717} 234-82'12 Attorneys for Plaintiff KIM YODER, Plaintiff IN THE COURT CF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOLLAR TREE STORES, Defendant NO. 01-4396 GIVIL ACTION -LAW JURY TRIAL DEMANDED Certi#icate of Service AND NOW this ,~> of January, 2004, I hereby certify that I have served the following Plaintiff's Answers to Defendants Request far Production of Documenfs on the following by forwarding a true and corrert copy of same in the United States mail, postage prepaid, addressed to: Paul W. Grego,Esq. Post & Schell 1857 William Penn Way P. O. Box 10248 Lancaster, Pa. 17605 Respectfully submitted, By: ERGER ~ JANUZZI, LLP Karl I.D. #65575 Date: January `~~ , 'L004 SNULLFNBE'NGF..A P.,WNIR:'I, LLP 1820 LINCA.ES1(JWN FYA)HI) ~ P.O, BO%50548 ~ 141RFISFSURG, F'A 17 m&05.5 p p):J43]00 ~ FAR (TI ]1234~H: Pt emw-SYipl~f ardww ~;or,~ SHOLLENBERGER ~ VANU~LI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 1 7 1 06-0545 Telephone Number: (717) 234-3700 Fax Number: (717} 234-8212 KIM YODER, Plaintiff IN'TI-IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOLLAR TREE STORES, Defendant NO. 01-4396 CIVIL ACTION -LAW JURY TRIAL DEh9ANDED Certificate of Service AND NOW this 13 of January, 2004, I hereby certify that I have served the fallowing Plainffffas llnswers fo Defendant's Interrogatories on the fallowing by forwarding a true and correct copy of same irr the United States mail, postage prepaid, addressedte: Pauli W. Grego,Esq. Post & Schell 1857 William Penn Way P. O. Box 10248 Lancaster, Pa. 17605 Respectfully submitked, SHOLLENBERGER & JANUZZI, I_LP By: Date: January '~~ , 2004 Januzzf, tsq. 3y LD. #65575 SHOU..[EN6ERGFR B.IANU2[I, IAR 1 N1U LINGLGS"7i~WN ROAU ~ P U F!pn f,D!i4Fi ~ HARRISRIJRG, FA t','1'JF.~USJ.`.: r~ 17).'.:343; 90 ~ pAX (; 1; i ~iA21 ~nw,v sh,IIj,3Ui3d cool e SHOLLENBERGER &JANUZZI, LLP 1820 Linglestawn Road P.O. Box 60545 Harrisburg, Pennsylvania 1 7 1 06-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-$212 Attorneys for Plaintiff KIM YUUER, Plaintiff v. DOLLAR TREE STORES, INC., Defendant IN THE COURT OF COMMON PLEAS CUIv1BERLAND COUNTY, PENNSYLVANIA NO. 01-4.396 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S: ANSWER. TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, KIM YODER, by and througtr her attorneys, SHOLLENBERGER &JANUZZI, LLP, and respectfully answers the Defendant's New Matter as follows: 2-9. Paragraphs 2-9 of the Defendant's New Matter are conclusions of law which require na respansive pleading. Byway of further answer, Plaintiff specifically denies the averments set forth in paragraphs 2-9 of Defendant's New Matter. WHEREFORE, Plaintiff, KIM YODER respectfully requests your I-ionorable Court strike Defendant's New Matter, and enter judgment in Plaintiffs favor. Respectfully submitted, SHOLLENBERGER &JANUZZI, LLP By; _ _....._ Kar J. J nuzzi, Esq. Att me I.D. #65575 Date; /`~~~r~ . , SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KIM YODER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOLLAR TREE STORES, INC., Defendant NO. 01-4396 CIVIL ACTION -LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this ~ day of January, 2004 I hereby certify that I have served the following Answer to Defendant's New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paul W. Grego, Esq. Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: [~ arl J Januzzi, Esq. Attor ey I.D. #65575 Dated: 30 ,2004 r CERTIFICATE PREREQIIISITE TO SERVICE OF A SUBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: KIM YODER -VS- DOLLAR TREE STORES, INC. COURT OF COMMON PLEAS TERM, CASE N0: 01-4396 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO,E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/07/2004 MOS/on ehr3,7,f ~AUL W. GRE' ,ESQ ~ Attorney r DEFE ~ DE12-231271 27523-LO3 08/Ya/04 WED 09:05 FAg 717 24821E T. A-SHOLLENBERGER,ESO- A 062212004 15:31 I~aoz N0.543 D002 ~. ]b01 ]V1ar1[et Sa¢c4, Saute 890, F]vladelplria Feanay7vama 79103 (315) 246 -0900 FaxNumbet (275) 246 _0459 URGENT!!!!! URGENT'_!-r~ any 7, 2004 7mKStx~t 7®17ss'~ vs D0~ ~ sly, ~, 1~C€~~ ice, H_ H~,PS¢. - ( 1 /1111 UR .._.. ti: base >m~ wed by tae aloes-mod marl m din ®terial m ~. a~rHza9.T~s fovn tig 187aa i;~ atat~a~- 7II ca.~s' m mR7,y rdia [his secls~e ~ oust have yaws sigoaaue mc'tiwtmg t3mt yo¢ vaive t1s tr~Y~r notim Pedra3 pzwi~ in lAiles 4009.21 a~ 4009?2. l7ease £aac t7as 5oiam tn,~ ma~e7y at f2157 7A6-09S5 :nth yc~ siyaittiue sv flat ve ney amply edtn ffii;, Wit. ~ ~ia7~ 4~Y ~- Sina~ly, . ~~ ~ a~tR~s- air c -1l301~iL, aua.'¢~. ~ s-~resl Ca~l- ~ (717) 339-8312 KRRIJ. SRN Z21.ESC~uj~ / 7: a~ee to naive eeSt3ug pond ~/ 11a[e:. (e ~Zc3 mlaes: ICs ll0 7: agree m par t7g aawi~ pzwi~d e:ft7~ the ~vl®r Dmme~: YEs;_ 87 ~ i~ of pEC I df LDC agr~ t9 581 IU1B• I8[e- >~ 7~0: 7tRF1-14a8a8 27523-C01 ~~. ~ _ ~ _ COMMONWEALTH O F P E NN S Y LVAN S A COUNTY O F CUMBERLAND IN THE MATTER OF: CODRT OF COMMON PLEAS KIM YODER -VS- DOLLAR TREE STORES, INC. A TERM, CASE N0: 01-4396 RULE CDTRITS CHIROPRACTIC MEDICAL, BILLING, AND %-RAY(S) CHRI$TENSEN CHIROPRACTIC MEDICAL, BILLING, AND %-RAY(S) T0: RON S. CHIMA, ESQIIIRS, PLAINTIFF COUNSEL MCS on behalf of PAUL w. GREGO,ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE; 06/07/2004 MCS on behalf of PADL W. GREGO,ESQ. Attorney for DEFENDANT CC: PAIIL w. GRSGO,SSQ. - 579/117835 Any questions regarding this matter, contact THS MCS GROIIP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (Z15) 246-0900 DE02-268258 2 7 5 2 3- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIM YODER vs. DOLLAR TREE STORES, INC. File No. 01-4396 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for 1TRTTF CHIROPRACTIC (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: ****SEEATTACHEDRIDER**** at The MCS Grounr,Inc 1601 Market Street pit 800„philade hia„p~, 19103 _ You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. h` 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: PAUL W. GREGO.ESO. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTF$ PA 17605 TELEPHONE: {2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ~uN zny aooa Date: _~ /Ll_i~E `7 _ eZd(~y Seal of the Court BY THE COURT: Prothonotary/Clerk, CGivil,~Div' n Deputy ~_ 27523-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUTRITE CHIROPRACTIC CHAMBERTBURG, PA RE: 27523 KIM YODER INCLUDING DIAGNOSTIC STUDIES Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to a~ and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequeit reports, including any and all such items as may be stored in a computer database or otherwise in electronic foam, relating to any examination, consultation, diagnosis, Gaze or treatment pertaining to: Dates Requested: np to and including the present. Subject : %IM YODER 2424 DIC101VSON AVE., CAMP HILL, PA 17011 Social Security #: 194-49964 Date of Birth: 10-16-1956 SII10-507228 2 7 5 2 3- L 0 3 CERTIFICATE PREREQIIISITE TO SERVICE OF A SUBPOENA PURSUANT TO RIILE 4009.22 IN THE MATTER OF; KIM YODER -VS- DOLLAR TREE STORES, INC. TERM, CASE N0: 01-4396 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/07 20D4 PAUL W. GREGO,ESQ. Attorney for DEFENDANT COURT OF COMMON PLEAS DE 12-231272 2 7 5 2 3- L 0 4 ,~, C OMM ONW EAL T H O F P ENN S Y LVAN 2 A COUNT Y O F CUMBERLAND IN THE MATTER OF: COIIRT OF COMMON PLEAS RIM YODSR -VS- DOLLAR TREE STORES, INC. TERM, CASE N0: 01-4396 TO PRODUCE CDTRITE CHIROPRACTIC MEDICAL, BILLING, AND X-RAY(S) CHRISTENSSN CHIROPRACTIC MEDICAL, BILLING, AND R-RAY(S) T0: RON S. CHIMA, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO,ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/07/2004 MCS on behalf of PAUL N. GREGO,SSQ. Attorney for DEFENDANT CC: PAUL N. GREGO,ESQ. - 579/117835 Any questions regarding this matter, contact THH MCS GROIIP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-268258 2 7 5 2 3- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIM YODER vs. DOLLAR TREE STORES, INC. File No. 01-4396 SUBPOENA TO PRODUCE DOCUMENTS OR TffiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CH T4TFN EN CHIROPRACTIC (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: **** SFF ATTACHED RIDFR **** at The MCC Grnn=n. inc 1601 Market Street_ Suite S00 Philadejpl7ia PA 19104 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. L` 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: PAUL W. GREGO.FSO. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Div's n JUN 4 2004 Date: U Seal of the Court Deputy 27523-04 ~~.- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHRISTENSEN CHIROPRACTIC HARRISBURG, PA 17101 RE: 27523 KIM YODER INCLUDING DIAGNOSTIC STUDIES Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic fde, including but not limited to any and all records, correspondence to an'd from the consulting and/or treating Physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription,records, medical billing and payment records, x-ray films and tests with subsequent reports, including a~ and all such items as may be stored in a computer database or otherwise m electronic form, relating to a~ examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject :KIM YODER 2424 DICKINSON AVE., CAMP HILL, PA 17011 Social Security A~: 194-46-9964 Date of Birth: 10-16-1956 SII10-507230 2 7 5 2 3- L 0 4 „~. CERTIFICATE PREREQIIISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIM YODER TERM, -VS- CASE N0: 01-4396 DOLLAR TREE STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO,ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/10/2004 MC behalf of P ~. ~ L G EGO,E Attorney for DEFENDANT DE12-232171 2 7 5 2 3- L O S 08/10/04 TUE 14:01 FA% 717 2948212 T.A.SHOLLENBERGER.ES9- 08/10/2004 09:31 1601 Market Strect, Svike 500, Pin7adelpbia Yenusyivsaia ]9]A3 (215? 246 -0900 Pax N~ber (215) ZAG - 0959 Fool NU.569 D001 URGENT~nld TJRGFNT+nm URGENT!;~~r r~r 1a, 2004 ~~ imp ~ vs A ~ sm~,1~. l~sr~~ i~ w. c~,~4. - ( 1 ~ i~ lma by rte aBo~;~l aaseel m cbtaia seteciai m an e~di+sa i:~ txcm rre nP1w lsrea a~6ba~. In c¢d~r m ~.y with this zegae3t ~e nn~ ]~ ya¢ sig~me i~irr~::ing t~ you waive tie tw~y~. mtioe P~Od PW°~~ is Iml~ 400921 ~. 4009.22_ me,m fas this f~ t~ ~ ;~arP1X at (215) 24fi-0959 +rith vos ~o,ar,~ so t]Bt se aay ~piX rdr~ rlris xequ~t. Yus rotild be gra9cty aiiFaeraateti. SincetelY• - ;> PBTC6 f]~- L&. 1 L. F23S - a BCLi.'Q~, PRl 8~~ R~1• 80v S. QIIIlFI, F~ 1 agree to waive ra;r;~ pezi.oa L~e• (0 ~~: Yes ~ T agr~ to Fay ~~ pmvidai trJ.th Yle doamomrs Bevieor 1Ln~s: Yes ~ iYi~ise of Oust i do mt a9cee.to xai.~e zn].e- 1Hte- Bi11i~ 7afo; 88ii1-143339 27523-CO1 <smmn-~.ex .' COMMONWEALTH O F P E NN S Y LVAN S A COUNT Y O F CUMBERLAND IN THE MATTER OF: RIM YODER -VS- DOLLAR TREE STORES, INC. CODRT OF COMMON PLEAS TERM, CASE N0: 01-4396 NOTICE OF ]1dTENT TO SERVE A SUBPOENA TO PRODUCE DR. ROBERT L. FISS T0: RON S. CHIMA, ESQIIIRE, PLAINTIFF CODNSEL MCS on behalf of PADL N. GREGO,ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/10/2004 MCS on behalf of PADL N. GREGO,ESQ. Attorney for DEFENDANT CC: PAIIL W. GREGO,ESQ. MEDICAL, BILLING, AND %-RAY(S) - 579/117835 Any questions regarding this matter, contact THE MCS GROIIP INC. 1601 MARRET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-275394 2 7 5 2 3- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUIyt'SERLAND IC1M YODER vs. DOLLAR TREE STORES, INC. File No. 01-4396 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR ROB>~RT L FISS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Croyp Lnc 1601 Market Street Suite R00 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO.ESO. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER. PA 17605 TELEPHONE: (2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant auc ~ 7 2oaa BY THE COURT: Prothonotary/Clerk, Date: _ ~ -3 ~4vy Seal of the Court 27523-OS EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. RO$ERT L. FISS 1461 LINCOLN WAY EAST CI3AMBERSBURG, PA 17201 RE: 27523 KIM YODER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOTIC STUDIES Entire medical, billing, and diagnostic file, including but not limited to any and all records, wrrespondence to and from the consulting and/or treating phys~c~ans, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to a~ examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: np to and including the present. Subject ; ICI YODER 241A DICffiNSON AVE., CAMP HII.L, PA 17011 Social Security ~: 194-4f~9X4 Date of Birth: 10-16-1956 SU10-518660 2 7 5 2 3- L O S ~. ~ t mow' ~.7HOLLENI3ERGER & JANt1ZZI, LLP 2225 Millennium Way Enola, PA 17025 l"elephone Number: (r"17} 728-3200 Fax Number: (7177 7z8-3400 Attorne}~s far Plaintiff KIM YODER, Plaintiff v. DOLLAR TREE STORES, [NC., Defr:rrdant IN THE COURT OF COMMON PLEAS CU1v1BERLAND COUNTY, PENNSYLVANIA NO. 01-4396 CIVIL., ACTION -LAIN JURY TRIAL DEh1ANDEU PRAECIPE FOR CHANGE OF ADDRESS OF COUNSEL FOR PLAINTIFF TO THE PROT4-IONOTARY: Please be advised that the address of the undersigned counsel has changed to the fallowing: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 170?..5 (717} 728-3200 FAX: (717) 728-3400 Respectfully submitted, SHOLLFNLiERGER & JANUZZI, LLP ;~r. a. ~ _ .~'~ . . By: ,_ `°' Marl J. Janu , Esq. I.D. ## 65575 Date: November 29, 2004 _~~ r °• SHOLLENQERGER & JANUZZI, LLP 2225 Millennium Way Enaia, PA 17025 Telephone Number: (717) 728-3240 Fax Number: (717) 728-3400 Attorneys far Plaintiff KIM YODER, Plaintiff v. DOLLAR TREE STORES, INC., Defendant IN THE COURT OF CO141h~1ON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 41-436 GI\tIL AC"LION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 29"' day of November, 2404 I hereby certify fhat I have served the Praecipe far Change of Address of Counsel far Plaintiff to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paarl W. Grego, Esq. Post & Schell, P.C. 1857 William Penn Way P.Q. Box 142x8 Lancaster. PA 17F05-4248 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP ~ `~. h!~~,A~'Y"~ By; h~t.~~a`e~ °° sue, m.-.~. ._._ Karl "J. Januzzi, :Sq ................. _.................. Attarney I.D. #55575 Dated: November 29, 2004 ~. ~ SHGLLENBERGER & ~7ANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 'telephone Number: {717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff .~ KIM YODER, Plaintifif IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ivu. it`i-43y6 DOLLAR TREE STORES, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED "PRAECIPi= TO AISCONTINUE To the Prothonotary: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP BY ____._ ................~ Karl J. an zi, Esquire Attorney L . #65575 Dated: December ~~ , 2004 ..,i'., s SWOLLENBGRCER & ~ANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 KIM YODER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA l'. DOLLAR TREE STORES, Defendant NO. 01-4396 CIVIL ACTION -LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this IOfh of December, 2004, I hereby certify that I have served the following Praecfpe to EnterAppearancP on the following by forwarding a true and carrect copy of same in the United States mail, postage prepaid, addressed to: Paul W. Grego,Esq, Post & Schell 1857 William Penn Way P. O. Box 10248 Lancaster, Pa. 17605 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP BY~ .......... _........._.__ K rl Januzzi, Esq. Attorney I.D. #65575 Date. Decembers , 2004 91{pLLENBERGER & JANl1Z~!1, L.LP ~82U LINGLESTOWN ROAp ~ P.O. BqX 55545 ~ HARRISBl1RG, PA I7Ul5~U:r15 (7171 ?.3437UU ~ FAV„~ I7) 2348: ; 2 xww.sholil3nlaw.ccm