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HomeMy WebLinkAbout01-05710v -- 1 SHAWN SWINTOSKY, Plaintiff V. WEIS MARKETS, INC., Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 01-5710 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable Edward E. Guido, Judge, on Wednesday, April 14, 2004. Present for the Plaintiff was Leah B. Graff, Esquire, and present for the Defendant was Kevin C. McNamara, Esquire. This is a routine slip and fall case in which the Plaintiff sustained back, neck, and shoulder injuries: Both liability and damages are contested. Neither party has any scheduling conflicts. They estimate that the case will take two and one half to three days to try. Each party will be presenting video depositions. The parties are directed to attempt to resolve any objections on their own, and those objections that cannot be resolved shall be submitted to the trial judge for disposition. Prior to trial the parties shall submit a list of those objections referencing the appropriate page numbers to the trial judge. The parties are continuing settlement negotiations. Settlement is within the realm of possibility. Leah B. Graff, Esquire For the Plaintiff Kevin C. McNamara, Esquire For the Defendant Court Administrator :lfh ~" - ,. v C _ r~ -CI >> ...~~,,; _ii T. .. : _nr -» O '-" L'. O -ir ~~- ' - ~: yi l E:~ :'a L ~. ~ ~ ~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN SWINTOSKY, Plaintiff NO. 01-5710 v. WETS MARKETS, INC:, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S MEMORANDUM FOR PRE-TRIAL CONFERENCE ~~~~,.r, n":~~:~~.~~. n.. ~. I. BASIC FACTS AS TO LIABILITY On September 19, 2000 Plaintiff was working on the lighting in the Weis Markets grocery store in Shippensburg, Cumberland County, Pennsylvania. As he was carrying a ladder he slipped on a wet floor, causing him to twist and subsequently injure his back. That same day he made an appointment with his family physician, Dr. Rodney Hough. Dr. Hough believed he suffered from a low back sprain and sent him for physical therapy. Within weeks the Plaintiff began to experience radicular pain down his right leg and around his ribs, neck pain, headache, and right shoulder pain. An MRI in November of the same year revealed some spinal stenosis at C5 and a herniated disc at C5-6 which partially compressed the spinal cord. In February of 2001 the Plaintiff began treating with Dr. William Beutler, a neurosurgeon. His complaints consisted of back/neck pain, headaches and right shoulder pain. After reviewing the results of the MRI from November of 2000 Dr. Beutler recommended an anterior cervical discectomy at C5-6. The surgery was performed on March 14~h. The Plaintiff recovered quickly and by May of the same year considered his back to be relatively pain-free; However, he continued to have pain in the right shoulder. On October 4, 2001 he had an MRI of the right shoulder. The results were apparently normal. In November of 2001 the Plaintiff had an appointment with Dr. Peter Ridella. Dr. Ridella chose to perform arthroscopic surgery on the shoulder in order to ascertain what exactly was causing his symptoms. The surgery performed on December 3`d confirmed a SLAP lesion which was partially repaired. Unfortunately, the Plaintiff continues to experience shoulder problems. He is oFr~«s o. .. 11Da~i~ 19~. ®ai sm~nmm -'. .C. ~.~ ~~,o ~.,oo.~;,aors scheduled for another surgery by Dr. Ridella April 5a' of this year. He does have an open workers compensation claim against his former employer. All outstanding medical bills and lien amount will be updated before trial. It. STATEMENT OF BASIC FACTS AS TO DAMAGES Plaintiffs medical expenses, pain and suffering compensation, lost wages. A. Liability: Negligence of the Defendant Weis Market in allowing a wet floor to exist within the store which caused Plaintiff to slip and almost fall while carrying a ladder. B. Damages: Plaintiffs medical expenses, pain and suffering, lost wages. IV. V. WITNESSES Name 1. Shawn Swintosky 2. Dr. Rodney Hough 3. Dr. William Beutler 4. Dr. Peter Ridella 5. David Kerlin 6. Elizabeth Harter 7. Debbra Yost 8. Jonathan Swintosky 9. Eric Swintosky 10. Michelle McMullen Address 502 Arbutus Village, G9, Johnstown, PA 49 Brookwood Ave, Carlisle, PA 805 Sir Thomas Court, Harrisburg, PA 1111 Franklin Street, Johnstown, PA 26 K-Mart shopping Ctr, Shippensburg 502 Arbutus Village, G9, Johnstown, PA 308 Grahams Woods Road, Carlisle, PA 308 Grahams Woods Road, Carlisle, PA 8 N. Corporation St, Newville, PA 500 Carlisle Road, Newville, PA Su 'ect F~cpert damages Expert damages Expert damages Liability Non-economic Non-economic Non-economic Non-economic Non-economic Liability/damages. 1!. Joe Luehrs 66 W. Big Spring Ave, Newville, PA Non-economic VI. LIST OF EXHIBITS a. Plaintiffs medical expenses. b. Workers compensation lien of approximately $61,310. This amount will be updated before trial. VII. CURRENT STATUS QF SETTLEMENT NEGOTIATIONS a. Plaintiff made a demand of $150,000. b. Defendant offered $20,000. Respectfully submitted, ~ _ .~~~ Leah B. Graff Attorney I.D.: 29176 2 West Market Street P.O. Box 952 York, PA 17405 (717) 846-0606 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant SHAWN SWINTOSKY, Plaintiff v. WEIS MARKETS, INC., Defendant ~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5710 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S PRETRIAL MEMORANDUM I. STATEMENT OF BASIC FACTS AS TO LIABILITY; This case arises from a slipping incident that allegedly occurred at a Shippensburg Weis Markets Store on September 19, 2000. At the time of the incident, Mr. Swintosky was employed as a contractor for Sylvania and would, from time to time, be on Weis Markets premises for purposes of repairing or replacing lighting fixtures in the store. On the date of the incident, it was raining and Mr. Swintosky entered the store through the front door and went about his business. During the course of the morning, Mr. Swintosky was in and out of the same entrance several times and noticed inside the doorway that there were some wet or muddy footprints that had been made, some by him and some by other customers. After Mr. Swintosky finished his work in the bakery area of the store, he hoisted his ladder on his right shoulder and headed back to the produce section. When he did so, he crossed in front of the store entrance that he had used several times earlier that day. When he did so, he said that ~. he forgot that the floor was wet inside the entrance and he slipped, but did not fall. In the process, Mr. Swintosky claimed that he iwisted himself, injuring his neck and right shoulder. For a short time after the incident, Mr. Swintosky continued to work. He then reported to the Weis produce manager that he needed to stop working because he had hurt himself. According to the produce manager, Swintosky did not give any further details and he did not make an incident report to anyone in the store. Basic issues on liability concern whether or not the Defendant was negligent in the care and maintenance of its property. Weis Markets will produce testimony that there was always a carpeted floor mat inside the doorway to the store. Because Mr. Swintosky never made a specific report to anyone at the time of a specific condition that caused him to slip, Weis Markets has no eyewitness testimony about the conditions on the floor on the date of the occurrence. It is Weis Markets' position that if there was moisture on the floor, Mr. Swintosky knew about it, created it in part, and it is his own carelessness that caused any injury. II. STATEMENT OF BASIC FACTS AS TO DAMAGES: As a result of this incident, Mr. Swintosky claims to have suffered a cervical disc herniation with subsequent surgery and also a SLAP (superior labral) tear to his right shoulder. The right shoulder injury has also had a surgical repair, but defense counsel understands that Mr. Swintosky is scheduled to have another procedure sometime in April 2004. The contemporaneous medical records do show that Mr. Swintosky made a prompt report of an injury to his employer and he did obtain prompt treatment for it. However, the initial report of injury was a low back strain and for six weeks after the incident, Mr. Swintosky was being treated for low back pain only. He saw both his family physician and a physical therapist during this period of time. 286121-1 2 At the end of October, the medical records show that Mr. Swintosky had successfully completed rehabilitation for his back pain and there is a return to work slip documenting the fact that as of October 31, 2000, Mr. Swintosky was fit to return to work without restrictions. However, upon returning to work, Mr. Swintosky claimed that his condition was aggravated, after which time he began treating for mid-back pain. By November of 2000, Mr. Swintosky had MRIs of his cervical, thoracic and lumbar spines and a cervical disc herniation was diagnosed. It is the Defendant's position that Mr. Swintosky's cervical disc herniation was not caused by the September 19, 2000 incident. Although there is mention of shoulder pain in Mr. Swintosky's medical records, the references to a shoulder injury also appear well after the alleged date of injury. The original report Mr. Swintosky made to Sylvania makes no mention of a shoulder injury and there is nothing in the records close in time fo the incident to document that Mr. Swintosky made any complaints of pain or shoulder problems at the time. In fact, after Mr. Swintosky's 2001 cervical discectomy and fusion, he appeared to be recovering well and was about to be returned to work by his treating physician when his complaints of shoulder pain increased to the point that he was referred for another opinion. It is the Defendant's position that the shoulder injury is not related to the slipping, but not falling incident of September 19, 2000. There is a very sizeable workers' compensation lien of approximately $70,000. Since the incident, Mr. Swintosky has completed an educational program and is now employed at wages that exceed his pre-injury pay rate. III. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: A. As to liability -negligence, comparative negligence, notice and causation; B. As to damages -whether Mr. Swintosky's claimed injuries are related to the September 19, 2000 ocurrence. zes~z~-~ 3 IV. SUMMARY OF LEGAL ISSUES: None known to defense counsel. V. WITNESS LIST; A. David Kerlin; B. Sandra Hockenberry; C. Jim Fissler; D. Perry A. Eagle, M.D. (orthopedic expert by videotape); and E. Records custodians to authenticate medical records and employment records, if necessary. VI. EXHIBIT LIST: A. Records and reports from Mr. Swintosky's treating physicians focusing on the six- week period of time following the alleged incident; B. Employer's Report of Occupational Injury and Disease documenting initial report of low back injury only; C. Weis Markets Form 90 which conforms lack of contemporaneous written notice to Weis Markets of the occurrence; and D. Photographs of the interior entranceway to the Weis Markets Store which will show the typical positioning of the carpeted floor mat. zas~zi-T 4 VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS: The current demand is $150,000 and the current offer is $20,000. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 7a---C m ~ o~.,....o~.o.. Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant DATE: ~ l5l D K zasiz~-~ CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the Pretrial Memorandum on the following person by placing same in the United States mail, postage prepaid, on the's~ day of r, ( , 2004: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. Two W. Market St. P.O. Box 952 York, PA 17405 THOMAS, THOMAS & HAFER, LLP By: ~ C~ Kevin C. McNamara, Esquire 286121-1 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN SWINTOSKY, NO. DJ - S'7l0 C~~~(`T~, Plaintiff v, :CIVIL ACTION -LAW WEIS MARKETS, INC., Defendant :JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS QFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~W oFF ~E~ a. ' DAL$ E. ANBTINE. B. Cn n'+O WESi MPRHET STREET oFF ~t ao. s=z Yo}g, Paum6nvwviw I1M105 CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN SWINTOSKY, NO. pl - S'rla ~U4'C~j~~,y.L Plaintiff v. WETS MARKETS, INC., Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. ;LISTED PUEDE PERDER DINERO, 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. uW oEE~~ES of 1 DATE ]~`, AN9TINE. B. Q iW0 WEST MPRNET STREET =T oEE ~E ao. ss= Yoae, P®~eavosos tlao5 CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE~~,,NNSYLVANIA SHAWN SWINTOSKY, NO. ~) - ~'7ld l.:cvti~,~~¢yrl Plaintiff v. WETS MARKETS, INC., Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED 1. The Plaintiff, Shawn Swintosky, is an adult individual residing at 216 Hastings Street, Johnstown, Pennsylvania 15904. 2. Defendant, Weis Markets, Inc., is a Pennsylvania Corporation with an address for service of 1000 South Second Street, Sunbury, Pennsylvania 17801. 3. At all times relevant hereto, the Defendant owned and/or operated a retail business located on King Street in Shippensburg, Pennsylvania, and believed to be store I #38. 4. On September 19, 2000, the Plaintiff was a business invitee at the 'aforementioned Weis Market Store. 5. The Plaintiff was present at the Defendant's store to perform repair work .while in the course and scope of his employment with Sylvania Lighting Services. 6. On September 19, 2000, at approximately 11:00 a.m., the Plaintiff was w oEE,~E= of M '~ UALE F., AN9TIFE. P. C. TWJ K'EST MPFKET SigEET FFICE BO%s5x Yoea, punvsavexu ~>aos ',rte the floor near the produce section carrying an eight foot ladder, when he slipped in liquid which had accumulated on the floor. 7. Plaintiff caught himself in a twisting motion without falling to the ground but in so doing experienced immediate back and neck pain. i3. At all times relevant hereto, the Defendant acted through its employees, agents, and/or servants and is vicariously liable for the negligence of those individuals. 9. The aforementioned accident occurred as a result of the negligence of the employees, agents, and/or servants of the Defendant, and was due in no manner to any act or failure to act on the part of the Plaintiff. 10. This matter is alleged to exceed the applicable limits of arbitration and a jury trial is hereby demanded. 11. The negligence of the employees, agents, and/or servants of the Defendant consisted of the following: a) Failing to recognize the special element of harm and danger of a wet floor; b) Permitting or allowing water or other liquid substance to accumulate on the floor of the store when the Defendant knew that persons such as the Plaintiff would have to traverse the area; c) Failing to utilize that degree of care required for business invitees such as the Plaintiff by not maintaining the premises in a safe and usable condition; d) Failing to inspect the premises to discover the unsafe and hazardous condition of water or other liquids on the floor in its store; I aw oFFI~ES of ^~ DALE F.. AN6TIN$~ p. Q Ei SikE[1 POSE OFIFICEXBOX S52 Yoae~Pavrv -u ,~sos !.,:p e) Failing to exercise reasonable care in attempting to clean up the water or other liquid; 2 f) Failing to warn or protect the Plaintiff from the unsafe and hazardous condition of water or other liquid substance on the floor when the Defendant knew or should have known that the Plaintiff would be unable to protect himself; g) Failing to correct the hazardous and dangerous condition that the Defendant knew or should have known existed on its premises; h) Creating or allowing a hazardous condition to exist which the Defendant knew or should have known involved an unreasonable risk of danger to persons such as the Plaintiff who would not know or have reason to know of the unreasonable risk of harm; i) Failing to warn the Plaintiff of the unsafe and hazardous condition of water or other liquid substance on the floor; j) Failing to carry on the Defendant's activities with reasonable care for the safety of the public; k) Failing to remove the water and/or liquid substance from the floor of its store; and I) Failing to post any warning signs of a wet and/or slippery floor in the area of Plaintiffs accident when the Defendant knew, or should have known, that the Plaintiff would be exposed to an unreasonable risk of harm. 13. At all times relevant hereto, the Defendant's employees, agents and/or DALE E.+~N6TINEn P• C-• ST MgRHEi STREET ST OFCICE BO%ssx ', Yoea~Pe tt»sx~.vnxis l]¢06 representatives were acting within the course and scope of their employment with the 3 Defendant, under the Defendant's control, and in furtherance of the Defendant's business interest. 14. The Defendant is vicariously liable for the negligence of its employees, agents, and or representatives. 15. As a result of the aforesaid negligence, the Plaintiff suffered serious and permanent injuries including, but not limited to, cervical, thoracic, and lumbar strain/sprain, herniated disc at C5-6, muscle spasms, and a severe shock to his nerves and nervous system. 16. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered and he will continue to incur medical expenses in the future. 17. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of his earnings and impairment of his earning capacity. This loss of income and impairment of earning capacity, and the loss of income and impairment of earning capacity will, or may, continue in the future. 18. As a result of the negligence of the Defendant, the Plaintiff has undergone, W oRE~~E= of i.-, DALE Fi. ANSTINE~ P. Q iWO WEST MARKET STREET ~., Yoss. Pxttnsnveviw I140S and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in his pursuit of 4 wily activities, all to his great loss and detriment. WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Leali B. raff, Esquire Attorneyl.D.#29176 Two West Market Street P.O Box 952 York, Pennsylvania 17405 DALE E.'AN6TIN8. P. Cn v SE OFFiCErcBO%96xET Yoaa. Peux ~Irvos 5 HEREBY VERIFY that the information set forth in the foregoing Complaint is true FF «~ of DALri E.+AN6TINE~ P. C. rc[T SiPEEi Yaea, Paxxemvxcatn Vaos 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. §4904, relating to unsworn falsification to authorities. bate: 7 - ~o - o ~ wn Swi sky I \ '~~Cj C '^~9 r:^i ~ 1 I `~ 'L "1~ V r} t: _: ~i r _, =< ,_~ i a? ~J (jl i .t ri ~ :. n _: t C! i _. .. - SHAWN SWINTOSKY IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNA. V. CIVIL ACTION -LAW NO.O1-5710 CIVIL TERM WEIS MARKETS, INC. NRY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that Plaintiffs Interrogatories, Set #1 and Set #2, along with Plaintiff s Request for Production of Documents were sent to counsel for Defendant by First Class United States Mail on the below date to the following address: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Hamsburg, PA 17108 Date: N-/9 0/ ,~_~ Leah Graff Es uir Attorney I.D. No. 29176 Attorney for Plaintiff -, DAyE E. ANdT]NH. P. C. Yanao,. o..ice !mn5~~aoa n ~ <N~ c ---- -.. m m ~ -- .~~~ :. ;~~ w~ ~' C' - C Z _.. `i CYJ -~ ;rai;nom=gi,.o~.v+.~,ma~?4«"mnas+,; :~;~t .. _.,,. THOMAS, THOMAS &HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant SHAWN SWINTOSKY, Plaintiff v. WETS MARKETS, INC., Defendant TO: Plaintiff and Counsel: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-~~~ CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, DATE: I fl~~`l ~O ~ THOMAS, THOMAS &HAFER, LLP By: ` C 1'YJ ~a Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7132 Attorneys for Defendant THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant SHAWN SWINTOSKY, Plaintiff v. WETS MARKETS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-570 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. It is admitted that the Plaintiff is who he says he is. 2. Admitted. 3. Admitted. 4. Denied. This allegation represents a conclusion of law to which no response is required. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 8. Admitted in part and denied in part. It is admitted that from time to time, Weis Markets acts through its employees, agents and/or servants. The allegation of vicarious liability for the negligence of employees, agents and/or servants represents a conclusion of law to which no response is required. 9. Denied. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 11(a)-(I). Denied. It is denied that the Defendant was negligent in any of the ways alleged. 12. The Complaint does not contain a Paragraph 12. 13. Admitted in part with qualification and denied in part. It is admitted that from time to time, Weis Markets employees, agents and representatives acting in the course and scope of their employment do things under the supervision and control of Weis Markets and in furtherance of Weis Markets' business interests. It is denied that any employee, agent and/or representative of Weis Markets did or did not do something which caused or contributed to the incident set forth in Plaintiffs Complaint. 14. Denied. These allegations represent conclusions of law to which no response is required. 15-18. Denied. It is denied that the Defendant was negligent or that any negligence on the Defendant's part was a substantial factor in bringing about any of the injuries or damages 2 alleged. As to the specifics of injuries and damages set forth in these paragraphs, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed without cost to it. NEW MATTER 19. Weis Markets was not negligent in regard to the incident set forth in Plaintiffs Complaint, nor was any conduct on the part of Weis Markets or its agents, servants or employees a substantial factor in bringing about the alleged incident or damages claimed in Plaintiff's Complaint. 20. Plaintiffs claim is or may be barred by the lack of notice of the allegedly dangerous condition set forth in Plaintiff's Complaint. 21. The conditions set forth in Plaintiff's Complaint was or may have been brought about by parties other than Answering Defendant and over whom Answering Defendant had no control or right of control. 22. No conduct on the part of Defendant or any of its employees was a substantial factor in bringing about the alleged incident or damages. 3 WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed without cost to it. DATE: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP r By: _ C,. !~ ~a~-i-0.. evin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant 4 I, l lA2'r ~uAr'~~R-, state that I am an authorized representative of WETS MARKETS, INC., that I make this Verification on behalf of Defendant WEIS MARKETS, INC., and that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. WEIS MARKETS, INC. By: ~ a,~ DATE: ~~ .. ~l~ w ~.~ :1571.1 c~ CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage l prepaid, on the a~~d'ay of (~c ~ ~ , 2001: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. Two West Market Street P.O. Box 952 York, PA 17405 THOMAS, THOMAS & HAFER, LLP By: ~ 1'?~7 ~~. Kevin C. McNamara, Esquire 146393.1 C) l~ 1 .' ~i ~~ ~", a f ,} <! I ~~~ fJ I+ - j.,_ - '-1~-: r--- L ;~V _ - C ~~ i'17 G vi K _ .~ -{ ~~ ~w wPA1MY[?:erMA'-m~"NiM%Gd9 _ :H&~k}:!flMm~*F Nni I3P34~^.fWRARW4P:l 4 1:i t THOMAS, THOMAS &HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant SHAWN SWINTOSKY, Plaintiff v. WETS MARKETS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 9 t-$~rD NO. 0'4-F~7$ CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant Weis Markets, Inc. in the above matter. Respectfully submitted, THOMAS, THOMAS &HAFER, LLP Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Weis Markets, Inc. DATE: ~ o~ 7 ~ ~ CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and corcect copy of the foregoing document ontrrhtte following person by placing same in the United States mail, postage prepaid, on the ~~y ofl~/~gt3 ~ , 2001: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P. C. Two West Market Street P.O. Box 952 York, PA 17405 THOMAS, THOMAS & HAFER, LLP gy. ~~ ~ ~~ / /wv~-ter. Kevin C. McNamara, Esquire :146389.1 ~~ c _. _ -~ vr`. ~ n:- :r `'' .~ ~q- F J ~:._- ~r. i~~ -, _~ `~ ~~ •~jf ..• SHAWN SWINTOSKY IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNA. V. CIVIL ACTION -LAW NO.OI-5710 CNIL TERM WETS MARKETS, INC. JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, by and through his counsel, who replies to Defendant's New Matter as follows: 19-22. Denied. The allegations contained in Paragraphs 19 through 22 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. Respectfully submitted, Leah B. Graff, squue Attorney LD. No. 29176 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717)846-0606 Attorney for Plaintiff DALA P..ANBTINE. P. C. .+o.=.. „.a.e~ a~xee. Yanu. Pex`~~c~ee. e5naos VERIFICATION Leah B. Graff, Esquire, hereby states that she is the attorney for the Plaintiff in this action Dw),x E~ AxdT]Fx. P. C. Yonv.Pa. •~cc na.n z~~oa5 and verifies that the statements made in the foregoing Reply to Defendant's New Matter aze true and correct to the best of her knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: 10-3t-off ~~~ ~ /,-.1//~ Leah B. Graff, Esquir Attorney I.D. No. 29176 Attorney for Plaintiff - e CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Reply to Defendant's New Matter was sent by First Class United States Mail to counsel for Defendant on the below date at the following address: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 DAL$ $. AN9T]NH. P. C. rwo ..ez+ w~xn.r zreE.e YoexoPex"~cc eo~n'~~aoa Date: /d'3/-ol ~' '~`"~~` "' Leah B. Graff, Esquire Attomey ID No. 29176 Attorney for the Plaintiff ~} : C: .. . L ("F.. ;` J _ n Y ` (J ~J l ~~ c~ t.,.-' ~- ~ ~~ lj) ^G. SHERIFF'S RETURN - OUT OF COUNTY _i 4 CASE NO: 2001-05710 P COMMONWEALTH OF PENNSYLVANIA: COViSTY OF CUMBERLAND SWINTOSKY SHAWN VS WEIS MARKETS INC 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: WEIS MARKETS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 13th 2001 this office was in receipt of the attached return from NORTHUMBERLAND n Sheriff's Costs: So answe / ~ Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas K ine Dep Northumberland 28.62 Sheriff of Cumberland County nn V J V L 11/13/2001 DALE ANSTINE Sworn and subscribed to before me this ~ day of,,~~ ~~~ A.D. ~~ qq ~~- ~~m .,,9 ~, .OP , , RX.tZ(i, --T~othonotary T'- ~~_ In 'The Court of Coananon Pleas of Cumherlan~ County, Pennsylvariaa Shawn Swintosky VS. Weis Markets, Inc SERVE: sane ~Tp, O1 5710 civil Now, October 3, 2001 , I, SHERIFF OF Ct.IIVIBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northwnberland deputation being made at the request and risk of the Plaintiff. Affidavit of Service Now, within upon at by handing to a copy of the original and anade known to County to execute this Writ, this '-~~ ~~ Sheriff of Cumberland County, PA 20, at o'clock M. served the tike contents therecf. So answers, Sheriff of ,. COSTS Sworn and subscribed before SERVICE _ nie this ^ day of , 20_ MILEAGE _ AFFIDAVIT County, PA PLAINTIFF: SWINTOSKY, SHAWN P: VS: DEFENDANT: WEIS MARKETS, INC. D: 1000 SOUTH SECOND ST. D: SUNBURY, PA 17801 D: CASE #: O1 NO 5710 CTY FILED: CUMBERLAND FILE DATE: O1/10/01 DATE RECEIVED: 01/10/04 ASSIGNED TO-: 1 DEF LAW FIRM: ANSTINE EXPIRES: 2001/10/31 D: SHERIFF'S RETURN I HERESY CERTIFY AND RETURN I SERVED: WEIS MARKETS, INC. BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: NOTICE & COMPLAINT PERSON SERVED: DAVID PEARCE DATE SERVED: 2001/10/10 CAPACITY: PARA LEGAL TIME: 1:50 PM PLACE SERVED: 1000 S. SEC. ST. SUNBURY PA COUNTY OF NORTHUMBERLAND AND STATE OF PENNA „ MAKING KNOWN UNTO : HIM THEE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKO~ I, SH~R~~. BY DEPUTY: MORACK, ANDREW BY: _< p " m ~ u ~ ~ O Q, ~~~ q~ y 0 .~ m ti P of c,v obb''~ g, (off, a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ,.x SWINTOSKY Vs. NO. 015710 WEIS MARKETS 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 KEVIN MCNAMARA, 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). DaY-. „~ ~.,.,~,,., KEVIN MCNAMARA, ESQUIRE 305 N FRONT ST 6TH FLOOR PO BOX 999 HARRISBURG, PA 17108 717-237-7100 ATTORNEY FOR DEFENDANT INQIIIR28S SHOIILD BS ADDRESSfiD TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) By: Christiae Janiszewski File #: M284575 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ,~, SWINTOSKY Vs. WEIS MARKETS INC No. 015710 T0: LEAH GRAFF 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: 03/06/02 KEVIN MCNAMARA, ESQUIRE 305 N FRONT ST 6TH FLOOR PO BOX 999 HARRISBURG, PA 17108 ATTORNEY FOR DEFENDANT INQIIIRIES SHOIILD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Christine Janiszewski Enc(s): Copy of subpoena(s) Counsel return card File #: M284575 ,,;~„ O0lR+DNWFALTH OF PIIa15YLVANL4 SUBPOENA TO PRODUCE DOCtJh1ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 VALLEY ORTHO, 1111 FRANKLIN ST STE 140, JOHNSTOWN PA 15905-4382 TO: (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 ATTA HED DEND at r OOUP7PY OF Q7~ratt,eavu SWINTOSKY ' Vs. File No. 015'YO WEIS MARKETS INC MBDICAL LEGAL RgPRODIICTIONSFA~T(ess~940 DISSTON ST., PSILA., PA You may deliver or mail legible copies of the documents or produce things requested ~~ this subpoena, together with the certificate of ccrrpliance, 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 documents or (20) days after its service, the party crnpelling you to cartply with it. things required by this subpoena within twenty serving this, subpoena may seek a court orde•~ THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FQLLGWING PERSON: NAME' KFVTN , ESQ ADDRESS. __~ 6TH FLOOR TELEPHONE: HARRISBORG, PA 17108 SUPREhE OOURT ID ATTORNEY FOF2: M284575-01 215-335-3212 DEFENDANT DATE: 03/~'ir'02 deal of the Court BY 'THE OOURT Prothonotary/C~er , Civil Division - - Deputy (Eff. 1/97) . ' ADDENDUM TO SUBPOENA SWINTOSKY Vs. No. 015710 WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: VALLEY ORTHO 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED FHOTOGOPIES 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 DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for VALLEY ORTHO CUMBERLAND M284575-01 *** SIGN AND RETURN THIS PAGE *** ,n,..,. . t COp4~NWFALTH OF PESAI.SYLVANIA COUNTY OF C17N~~'~ SWINTOSKY Vs. File No. 0157/0 WEIS MARKETS INC _ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 THRESE BAYWOOD, CRNP, 1027 BROAD ST, JOHNSTOWN PA 15906 T0: (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: -- SEE A at MEDICAL LEGAL R8PRODIICTIONS(,A~7~ys)4940 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 ccrtpliance, to the party making this. request- at--the address.listed-above...- You..have_the_right to seek in__adv_ance the reaonable 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 thir, subpoena may seek a court orde• crnpelling you to arrply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCA4ING PERSON: NAME: KEVIN MCNAMARA, ESQ ADDRESS:---~^°~~:-~~^~~:-r-~-T 6TH FLOOR TELEPHONE : 1710 8 SUPREME COURT ID ATTORNEY FOR M284S75-02 215-335-3212 DEFENDANT 03 iO x/02 DATE: Seal of the Court BY THE COURT: Prothonotary/~, Civil Division Deputy (Eff. 7/97) ' ADDENDUM TO SUBPOENA SWINTOSKY Vs. WEIS MARKETS INC No. 0157f0 CUSTODIAN OF RECORDS FOR: THRESE $AYWOOD, CRNP 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD C(1STODIAN -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. [ I 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for THRESE BAYWOOD, CRNP CUMBERLAND M284575-02 *** SIGN AND RETURN THIS PAGE *** OpI.4+DNWE~ILTH OF PIIa1SYLVANIA ODUNl'Y OF (G'[TMID~`ID SWINTOSKY Vs. WEIS MARKETS INC File No. 0157/0 SUBPOENA TO PROOl1CE DOCL~tENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR RODNEY HOUGH AND, DR ROBERT SINGUENZA, 49 BROOKWOOD AVE TO: C LISLE PA 17013-9126 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foilowing doantents or things: __ SEE ATTACHEIS-Ati at MEDICAL LEGAL RSPRODIICTIONS(,A~~s)4940 DISSTON ST., PBILA., PA You may deliver or mail legible copies of the documents or produce things requester! by this subpoena, together with the certificate of crnptiance, to the. party making thi: request at the address listed above. You have the right to seek in advance the rea^.onanle 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 C20) days after its service, the party serving thi; subpoena may seek a court orde•- crnpelling you to «rmly with it. 1'}iIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWIl4G PERSON: NAt~: KEVIN MCNAMARA, ESQ ADDRESS. - ~.°.~ ~'r-rROftr-S-T 6TH FLOOR TELEPHONE: FIARR U UIF~, ~A 17108 SUPREhE COURT ID ~ 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: 'M284575-03 03 /0 f(/ 02 DATE: Seal of the Court 0 "'_.'^T /Pr thonotary/C1'er~, Civil Division _ LJL C~ ~11.,.CP ~.: Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SWINTOSKY VS. No. 0157!0 WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: DR RODNEY HOUGH AND ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPOR"fS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 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): ( j RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for DR RODNEY HOUGH AND CUMBERLAND M284575-03 *** SIGN AND RETURN THIS PAGE *** _. NFIFALTH OF PENNSYLVANL4 COODTPY OF CUNIDF.RI~ID SWINTOSKY Vs. File No. 0157/0 WEIS MARKETS INC T0: (Name of Person or Enti Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follaving documents «'SEE gel - at SUBPOENA TO PRODUCE pOCLJt~NTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 GALLAGHER BASSETT SVGS, 540 PELLIS RD STE 3000, GREENSBURG PA 15601 MSDICAL LEGAL RSPRODIICTIONS(,A~T~ss)4940 DISSTON ST., PSILA., PA You may deliver or mail legible copies of the documents or produce things requested ~:;. 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 reaonabl~ 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 (20l days after its service, the party serving thin, subpoena may seek a court orde•~ crnpelling you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLUNING PERSON: NA1'1E: KEVIN MCNAMARA, ESQ ADDRESS' -~~-~ 6TH FLOOR TEIFPHONE: HARR 17108 SUPREhE COURT ID ATTORNEY FOR: M284575-04 215-335-3212 DEFENDANT 03/0/02 DATE: Seal of the Court BY THE COUF{T: Prothonotary/Clbr Civil Division ~ ~ )?2 oP ~ -~ Deputy (Eff. 7/97) SWINTOSKY ADDENDUM TO SUBPOENA Vs. No. 0157(0 WETS MARKETS INC CUSTODIAN OF RECORDS FOR: GALLAGHER BASSETT SVCS ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH; 03/26/75 SSAN: 196544333 ALL RECORDS PERTAINING TO POLICY #011083 ALL-FEES-MUS-T--BE APPROVED..PRIORTO-_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. [ l NO DOCUMENTSAVAILABLE: 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 ( j PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for GALLAGHER BASSETT SVGS CUMBERLAND M284575-04 *** SIGN AND RETURN THIS PAGE *** ,~~- COtM'DNWEALTH OF PE[~ISYLVANIA OODNJ.'Y OF CUN113E~`ID SWINTOSKY Vs. WEIS MARKETS INC File No. 0157/0 SUBPOENA TO PRODUCE pOCtJt~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HEALTH AMERICA PENNA, 5 GATEWAY GTR, PITTSBURGH PA 15222 T0: ATTN:-HELEN ANDREKO -_ (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 SEEngA1 at MEDICAL LEGAL RSPRODIICTIONS(AcTdF~ss~940 DISSTON ST., PNILA., PA You may deliver or mail legible copies of the documents or produce things requested ~~ this subpoena, together with the certificate of carpliance, to the party making this request--at--the-address 1_istea_above.. You_have the right to seek in advance the reasonable --- cost of preparing the copies or p?^oducing 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 thi:~ subpoena may seek a court orde~~ crnpelling you to comply with it. 11-115 SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGVING PERSON: NAh1E: KEVIN MCNAMARA, ESQ ADDRESS: ____ ~..~ +.. „nrr,.,, ~~++ 6TH FLOOR HARRIES 17108 TELEPHONE: SUPREhE (X)URT i D ATTORNEY FOR: ', M284575-05 215-335-3212 DEFENDANT 03 /os~ 02 DATE: Seal of the Court BY THE COURT: Prothoratary/Clerk, C~ ivit Division Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA SWINTOSKY Vs. WEIS MARKETS INC No. 01570 CUSTODIAN OF RECORDS FOR: HEALTH AMERICA PENNA ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 ALL RECORDS PERTAINING TO POLICY #196544333 ALL FEES . MUST_ BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN -COMPLETE AND RETURN t l RECOI2DSAREATTACHEDHERETO: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature or HEALTH AMERICA PENNA CUMBERLAND M284575-05 *** SIGN AND RETURN THIS PAGE *** CO<MrJNWFALTH OF PENNSYLVANTA SWINTOSKY Vs. File No. 0157/0 WEIS MARKETS INC SUBPOENA TO PRODUCE DOCL~IENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO CONCERTA MANAGED CARE, 4718 OLD GETTYSBURG RD #205, MECHANICSBURG PA 17 of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doatrients or things: _ SEE A + at MBDICAL LEGAL RSPRODIICTIONS(A~ess~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~•~ this subpoena, together with the certificate of crnpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea;onabla cost of preparing the ,e things sought. copies or producing th If you fail to produce the documents or things required by this subpoena within twenty !20) days after its service, the party serving thi., <subpoena may seek a court orde• crxrpelling you to cortply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: NAME:_ KEVIN MC~MARA, ESQ ACTRESS. ---~-O~~fi-;,f'~6i•F3'~,. 6TH FLOOR TELEPHONE: HARRISBUR~ISP. 17108 SUPREhE COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M284575-06 03/p~/02 DATE: Seal of the Court BY THE OOlh2T: wY,,, ~C 0~ ~'u-9 I,..~' - Prothonotar / erk, Civil Division _ ~. 772.-[2..,,- Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA swxrrrosxY Vs. No. o157ro WE25 MARKETS INC CUSTODIAN of RECORDS FOR: CONCERTA MANAGED CARE 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED- PHQTOCOPIES-WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: 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 DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for CONCERTA MANAGED CARE CUMBERLAND M284575-06 *** SIGN AND RETURN THIS PAGE *** ~~_ SWINTOSKY Vs. WEIS MARKETS INC CONP'DNWEALTH OE' PELa1.SYLVANIA COONPY OF ~ File No. 0157!0 SUBPOENA TO PRODUCE DOCL~IENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BUREAU OF WORKER COMP, 1171 S CAMERON ST RM 103, HARRISBURG PA 17104-2 TO: ATTN• LAURA KELLER -- (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: , _ SEE A at MEDICAL L$GAL RgPRODIICTIONS(A~I~ss~940 DISSTON ST., P$ILA., PA You may deliver or mail legible copies of the documents or produce things requested b~ this subpoena, together with the certificate of carpliance, to the party making this request at -the address listed above. You have the right to seek in advance the reasonable -cost of preoar-ing the copies or p?-oducing 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 thi; subpoena may seek a court orde~ c»rpelling you to oariply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: KEVIN MQ SAMARA, ESQ A>~F2ESS ^""^ 6TH FLOOR TELEPHONE: HARRISB R~ISA 17108 SUPREME COURT ID ATTORNEY M284575-07 03/d~1/02 GATE: 215-335-3212 DEFENDANT Seal of the Court BY Tt~ COlA2TD ~~///n I xfii /l "~ ~k9 . In..' n\(/Prothonotary le k, Civil Division QQQQ ~~~/ ~ Deputy, (Eff. 7/97) SWINTOSKY Vs. ADDENDUM TO SUBPOENA WETS MARKETS INC No. Q157/0 CUSTODIAN OF RECORDS FOR: BUREAU OF WORKER COMP ANY AND ALL OF PLAINTIFF'S WORKER'S COMPENSATION CLAIMS, BENEFITS, FILINGS, CORRESPONDENCE, HEARING TRANSCRIPTS, MEDICAL RECORDS, MEMOS, AND FILE NOTES. PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 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 DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orized signature for BUREAU OF WORKER COMP CUMBERLAND M284575-07 *** SIGN AND RETURN THIS PAGE *** .~:~_ y CON?+1~NWEALTH OF PENNSYLVANIA OOIINPY OF CDN1131~~1!ID SWINTOSKY Vs. WEIS MARKETS INC • File No. 0157/0 SUBPOENA TO PRODUCE DOCI~IENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP, 246 PARKER ST, CARLISLE PA 17013 TO: _ ATTN_ • MF.DTC_AT RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: __ SEE ATTA HED ADDENDUM at _ _.. MSD7CAL LBGAL R$PRODIICTIONS(,A~i~ss)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~~ 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 cos€-of preoarjng the copies or p^oducing=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 thin, subpoena may seek a court orde• crnpelling you to arrply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA1"~: KFVTN 4CN_AMARA, ESQ ADDRESS • -~fN~-^sT 6TH FLOOR TELEPHONE: HARRISBURG, PA 17108 SUPREhE COURT ID ATTORNEY FOR: M284575-08 03/~ ~ 102 DATE: 215-335-3212 DEFENDANT Seal of the Court BY T}~ OOl1RT: Prothono~ k, Civil Division n.. Q ~'4t ao --~~' Deputy (Eff. 7/9T) ADDENDUM TO S UBPOENA SWINTOSKY Vs. WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: CARLISLE HOSP No. 015710 Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 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 ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CARLISLE HOSP CUMBERLAND M284575-08 *** SIGN AND RETURN THIS PAGE *** ,P~ OJNAf3NWFALTH OF P»yL~p' OOUNt7 OF (IIMBERI,ArID SWINTOSKY Vs. File No. WEIS MARKETS INC • SUBPOENA TO PRODUCE DOCL1r1ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: PENN WOOD PHYS THERAPY, 425 STONEHEDGE DR, CARLISLE PA 17013 Narne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docments or things: ,_ SEE AT'A~ at M13DICAL LEGAL R$PRODIICTIONS(~daJ~~ )4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested t.~ this subpoena, together with the certificate of crnpliance, to the party making thi: -nequest_ at- _the-address listed above. You__have.the right to seek in advance the reasonable - ._ - cost of preparing £he copies or producing the-things sought: If you fail to produce the documents or things required by this subpoena within twenty (201 days after its service, the party serving thin, subpoena may seek a court orde•~ crmpel 1 ing you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLC7NING PERSON: NAI.1£: K vTN MCNAMARA, ESQ AL%~RESS•-~~55 :: i•nO"zv~.rT 6TH FLOOR TELFPHOfJE: HARRISBURG~A 17108 SUPREhE COURT ID ~ 215-335-3212 ATTORNEY FOR: DEFENDANT M284575-09 03/0 ~' /02 DATE: Seal of the Court BY THE COURT: /y///~) Prothonotary/C I, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SWINTOSKY Vs. WEIS MARKETS INC No. 0157f0 CUSTODIAN OF RECORDS FoR: PENN WOOD PHYS THERAPY 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed e Authorized signature for PENN WOOD PHYS THERAPY M284575-09 *** SIGN AND RETURN THIS PAGE *** SWINTOSKY Vs. WEIS MARKETS INC 0~430NWFALTH OF PE[aLSYLVANIA WIJNPY OF CUNIBERIAI~ File No. 0157!0 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 UPMC LEE REGIONAL, 2110 FRANKLIN ST, JOHNSTOWN PA 15905 TO: ATTN: DEPT OF RADIOLOGY __ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things• ~_ SEE A at MEDICAL LEGAL RSPRODIICTIONS(,A~i~ss)4940 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 ccrtpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonable =cost of preoar-ing-the--copies or==p'oducing.=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 thin, subpoena may seek a court orde~~ crrrpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOHING PERSON: NAB- I MCNAMARA, ESQ ~'~E~' -~--30:, :' ^.~nvrrr D-T 6TH FLOOR HARRISB 17108 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR M284575-10 DEFENDANT BY THE COURT: 03/pY/02 DATE: Seal of the Court (^' ~ ~~ i~ Prothonotary/ Civil Division _ 7 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SWINTOSKY Vs. WEIS MARKETS INC No. 015710 CUSTODIAN OF RECORDS FOR: UPMC LEE REGIONAL ANY AND ALL MEDICAL RECORDS. PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 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 ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for UPMC LEE REGIONAL CUMBERLAND M284575-10 *** SIGN AND RETURN THIS PAGE *** Y~..~. . COiR~DNWFALTH OF PENNSYLVANIA COOETPY OF Ci7N18ERIAND TO: SWINTOSKY Vs. • WEIS MARKETS INC File No. 0157/0 SUBPOENA TO PRODUCE OOCt1r1ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ARLINGTON GROUP, 805 SIR THOMAS CT BOX 6507, HARRISBURG PA 17112 of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: !_ SEE A at MHDICAL LHGAL RHPRODIICTIONS(,A~i~s)4940 DISSTON 3T., PHILA., PA You may deliver or mail legible copies of the doc:ments or produce things requested h~ this subpoena, together with the certificate of curpliance, 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~odueing the-things sougfit. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving 'thin subpoena may seek a court orde•- crxrpelling you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: KEVIN MCNAMARA, ESQ ADDRESS' _~~j .. i_i.:.:Pr.rT 6TH FLOOR TELFPi-pNE: ~RISB ~, ~P7~. 17108 SUPREhE COURT ID ATTORNEY FOR M284575-11 215-335-3212 DEFENDANT 03/py/02 DATE: Seal of the Court BY THE COURT: Prothonotary/ 1~ ,Civil Division _ ~ p n ~~,pp,-, -T Deputy (Eff. 7/97) SWINTOSKY VS. ADDENDUM TO S UBPDENA No. 015710 WEIS MARKETS INC CUSTODIAN OF RECORDS FoR: ARLINGTON GROUP 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD Cl1STODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: 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 DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ARLINGTON GROUP CUMBERLAND M284575-11 *** SIGN AND RETURN THIS PAGE *** SWINTOSKY Vs. WEIS MARKETS INC File No. 015710 SUBPOENA TO PRODUCE DOCt1r7ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP, 246 PARKER ST BOX 310, CARLISLE PA 17013-0310 T0: AmTN, mrF.n?['AT~ RECORDS DEPT __ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: __ 5EE AT ADDENDUM at NHDICAL LBGAL REPRODIICTIONS,(A~55~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~•~ this subpoena, together with the certificate of ccrtpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea;onablE cost of_preoar_iag-the_cop_ie~-cr-p-oducing-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 orde•~ crrtpelling you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST aF THE FOLLONING PERSON: NAt~: xFVrN MCNAMARA, ESQ ACIDRESS. _ 6TH FLOOR HARRISBURG, PA 17108 TELEPHONE: _ SUPREhE COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M284575-12 03/QS~/02 DATE: Seal of the Court BY THE COURT: d, Prothonnotary/ Civil Division Deputy (Eff. 7/97) CONA'DNWEALTH OF PES1rISYLVANIA COUNPY OF C[7NIDF~~ID ADDENDUM TO S UBPOENA SWINTOSKY Vs. WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: CARLISLE HOSP No. 015710 Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: SHAWN J.SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 ALL FEES MI7ST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: 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. [ 7 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for CARLISLE HOSP M284575-12 *** SIGN AND RETURN THIS PAGE *** ,. CONA'DNWFALTH OF' PENNSYLVANIA COUNTY OF CiINIDERiA>!ID SWINTOSKY Vs. WEIS MARKETS INC File No. 0157/0 SUBPOENA TO PRODl1CE DOClJr1ENTS OR TH I NOS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE IMAGING ASSOCS, 101 NOBLE BLVD STE 104, CARLISLE PA 17013-010 TO: _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments SEEngAT at MEDICAL LEGAL REPRODIICTIONS(A~L~ss~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t••; 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 rea.onable - -- cost of preoarin the- g captes-or producing the things sought. - If you fail to produce the documents or things required by this subpoena within twent;. (20) days after its service, the party serving thi:~ subpoena may seek a court orde• c»mpelling you to ccrtply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: NAh1E: KEVIN MCNAMARA, ESQ ADDRESS: 6TH FLOOR TELEPHONE: HARRI 17108 SUPREh£ OOURT ID ATTORNEY FOR M284575-13 215-335-3212 DEFENDANT 03/D q/02 DATE: Seal of the Court BY THE COURT: Prothonot~C erk~vision _ u ~ Deputy (Eff. 7/97) r ADDENDUM TO SUBPOENA SWINTOSKY Vs. No. 0157b WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: CARLISLE IMAGING 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: 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 DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for CARLISLE IMAGING ASSOCS CUMBERLAND M284575-13 *** SIGN AND RETURN THIS PAGE *** CO;!M~NWEALTH OF PENNSYLVANIA COUNPSt OF C[J!'~'ID SWINTOSKY Vs. File No. 0157/0 WEIS MARKETS INC SUBPOENA TO PRODUCE DOCI~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR WILLIAM BEUTLER, C/O PENNA SPINE INST, 805 SIR THOMAS CT T0: HARRISBURG PA 17109 _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docuents or things: __ SEE Al + at MEDICAL L$GAL RBPRODIICTIONS(Adt~Fess`~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with- the certificate of crnpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonzblf cost-of-prewaring--the- _ _ - _--- ------- copres or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (201 days after its service, the party serving thi:, subpoena may seek a court orde•- crxrpelling you to cortply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLUVlING PERSON: Nom: KEVIN MCNAMARA, ESQ ADDRESS.--3°~ "'~-~.~Q 6TH FLOOR HARR RZi-PA 17108 TELEPHONE: SUPREME COURT ID ~ 215-335-3212 ATTORNEY FOR: DEFENDANT M284575-14 03 /dy/02 DATE: Seal of the Court BY THE OOURT: Prothonotary/ er ,Civil oivision _~., ~ ~ . Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA SWINTOSKY Vs. No. 0157-0 WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: DR WILLIAM BEUTLER 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 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 DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for DR WILLIAM BEUTLER CUMBERLAND M284575-14 *** SIGN AND RETURN THIS PAGE *** NWEALTH OF PENNSYLVANIA ~UNPSt OF (I7NIB>~tID SWINTOSKY Vs. File No. 015'x'0 WEIS MARKETS INC • SUBPOENA TO PROOl1CE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR DANIEL CHESS, C/0 CARLISLE HOSP PAIN CTR, 7 SPRINT DR TO: r RT,T r, . A 17013 - (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ~_ SEE A at MEDICAL LEGAL REPRODIICTIONS(,Ad~~ss}4940 DISSTON ST., PBILA., PA You may deliver or mail legible copies of the documents or produce things requested h~ this subpoena, together with the certificate of ccnh.liance, 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`oducing=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 thin subpoena may seek a court orde• crrrpelling you to coT,ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: N~:_ KEVIN MCNAMARA, ESQ ADDRESS. -~ -ST 6TH FLOOR TELEPHONE: ISB~PA 17108 SUPREME COURT ID ~ 215-335-3212 ATTORNEY FOR ',:M284575-15 DEFENDANT BY THE OOURT: 03 /0/02 DATE: Seal of the Court Prothonotary,t~ Civil Division _ u- Deputy (Eff. 7/97) SWINTOSKY Vs. ADDENDUM TO SUBPOENA WEIS MARKETS INC No. 0157!0 CUSTODIAN OF RECORDS FOR: DR DANIEL CHESS 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: 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 DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orized signature for DR DANIEL CHESS CUMBERLAND M284575-15 * * * SIGN AND RETURN THIS PAGE * COtM'DNWFALTH OF PFSit!LSYLVANTA COUNPY OF (xR'IDSRIAI•ID File No: 0157/0 SUBPOENA TO PRODUCE DOCt1t~NTS OR TMINQS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR ROY WARREN, C/O UPMC LEE REG-CHRIS LAROSSE, 320 MAIN ST T0: JOHNSTOWN PA 15901 __ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: -_ SEE A at SWINTOSKY VS. • WEIS MARKETS INC MEDICAL LEGAL RgPRODIICTIONS(,A~l~ss)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested !-~~ this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonably 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 service, the party serving 'thi: subpoena may seek a court orde•- cxnpelling you to cortply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLUNING PERSON: Nom: KEVIN MCNAMARA, ESQ ~~E~•--~~-N~^~--o-T 6TH FLOOR TELEPHONE: HARRISBURG,~A 17108 SUPREhE OOl1f2T I D ATTORNEY FOR: M284575-16 215-335-3212 DEFENDANT 03/p x/02 DATE: Seal of the Court BY THE OOl1RT: Prothonotary C1 k, Civil Division Deputy (Eff. 7/97) SWINTOSKY Vs. ADDENDUM TO SUBPOENA No. 015710 WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: DR ROY WARREN 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED_PHOTOCOPIES-WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for DR ROY WARREN CUMBERLAND M284575-16 * * * SIGN AND RETURN THIS PAGE * * t ' SWINTOSKY Vs. WEIS MARKETS INC COlM'10NWFALTH OF' PENNSYLVANIA CIDIJNPSC OF File No. 015'x0 SUBPOENA TO PRODUCE DOCtt1ENTS OR THINGS FOR DISOOVERY PURSUANT 70 RULE 4009.22 DR JASON LITTON, C/O ORTHO INST, 875 POPLAR CHURCH RD T0: CAMP HILL PA 17011 _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follaving documents or things: -_ SEE A at MEDICAL LEGAL RBPRODUCTIONS(,A~T~'gs)4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested h~ this subpoena, together wit'.i the certificate of ccrtpliance, to the party making this request at _the address_listed__above._. You have the_r_ght 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 talent !20) days after its service, the party serving 'thi: subpoena may seek a court orde~~ crnpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOL.LGWING PERSON: NAME: KFVI7~ MCNAMARA, ESQ ADDRESS'--~~°-J-N °~-~"~i-cT 6TH FLOOR TELEPHONE: HARRIS 17108 SUPREME COURT ID ~_ ATTORNEY FOR: M284575-17 03/bp/02 BATE: Seal of the 215-335-3212 DEFENDANT BY THE COURT: Cli,,.e~.; ~ .P,~.~ ~,. -- Prothonotary ) k, Civil Division Court _ peputy (Eff. 7/97) ADDENDUM TO SUBPOENA swlNTOSxY Vs. No. 01570 WEIS MARKETS INC CUSTODIAN OF RECORDS FoR: DR JASON LTTTON 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED-PHOTOCOPIES_WILL_$E ACCEPTED IN LIEU OF XOUR 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 DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for DR JASON LITTON CUMBERLAND M284575-17 *** SIGN AND RETURN THIS PAGE *** CpNA'DNWEALTH OF P1rSINS}CLVAN7A OOUNTY OF CI1~A~ SWINTOSKY Vs. WEIS MARKETS INC File No. 015710 SUBPOENA TO PRODUCE DOCLJt£NTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CUNA MUTUAL INS CO, 5910 MINERAL POINT RD, MADISON WI 53705 T0: ATTRT FAYF PATZNER BEN CO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: -_ SEE A TA HED ADDE M at MEDICAL .LEGAL REPRODIICTIONS(,A~T~s)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested !-:~ this subpoena, together- with the certificate of ccrrpliance, to the party making thi_ request _at the_address.l_sted above._ You have__the_ri_ght_to_seek in adyan_ce the reas~naole_ _ cost of preoaring the copies or producing the thih9s sought.- If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving 'thi: :subpoena may seek a court orde~~ cxnpelling you to arrply with it. THIS SUBPOENA WAS ISSUEp AT THE REQUEST OF THE FOLLGWING PERSON: NAh~: KFVTN MCNAMARA~ ESQ AL~DRE$S ~ --~-~' v:~ iv' c icvia =---r`. T 6TH FLOOR HARRISBURG, PA 17108 TELEPHONE: SUPREhE COURT ID # 215-335-3212 ATTORNEY FOR: • DEFENDANT M284575-18 03/Op/02 DATE: Seal of the Court BY THE COURT: Prothonotary C1 k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA SWINTOSKY Vs. No. 01570 WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: CUNA MUTUAL INS CO ANY AND ALL OF PLAINTIFF'S RECORDS, APPLICATIONS, DISBURSEMENTS, CORRESPONDENCE, REGARDING PERSONAL LOAN, CERTIFICATE NO. DD857889. PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED PHOTOCOPIES-WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ 7 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUNA MUTUAL INS CO CUMBERLAND M284575-18 *** S1GN AND RETURN THIS PAGE *** C02R+DNWF7~LTH OF $~-`+n~~ CDtIDIPY OF Q7 SWINTOSKY Vs. File No. O15'~0 WEIS MARKETS INC • SUBPOENA TO PRODUCE DOCLt~NTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 DR WILLIE WILLARD III, C/O DR HUFF, 49 BROOKWOOD AVE TO: CARi,ISLE PA 17013 _ {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 AT at MEDICAL LEGAL RBPR0DIICTIONSfA~Ess~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~~ this subpoena, together with the certificate of compliance, to the party making thi: request at the address ]isted_above.__You have_the eight to seek in advance the reao_nabla cost of preparing the copies or p^oducing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (201 days after its service, the party serving thi:, subpoena may seek a court orde•~ cxnpeTTing you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REOI~ST OF THE FOLLGWING PERSON: NAME: xFVTN MCN~LIP.RA, ESQ ADDRESS`-SOS ::~ic^vNT~i 6TH FLOOR TELEPHONE: HARRISBURG- Pte. 17108 SUPREME OOURT ID A~i'ORNEY FOR: M284575-19 215-335-3212 DEFENDANT 03/~+,g /02 DATE: Seal of the Court BY THE COURT: Imo. !/t ~A~P or thorn t / erk, Civil Division Deputy (Eff. 7/97) .. SWINTOSKY Vs. ADDENDUM TO S UBPOENA No. 015710 WEIS MARKETS INC CUSTODIAN OF RECORDS FoR: DR WILLIS WILLARD III 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH; 03/26/75 SSAN: 196544333 ANY AND ALL RECORDS OF DR WILLARD. -CERTIFIED PHOTOCOPIES WILL BE AOCEPTED 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or DR WILLIS WILLARD III CUMBERLAND M284575-19 *** SIGN AND RETURN THIS PAGE *** ..~ OCtM'IONWFALTH OF PE~ISYLVANIA OOUNPY OF Cxl SWINTOSKY Vs. WEIS MARKETS INC File No. 0157!0 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CONEMAUGH MEM HOSP, 1086 FRANKLIN ST, JOHNSTOWN PA 15905-4398 T0: ATTN: MEDICAL RECORDS DEPT __ {Name of Person or Entity) Within twenty (20} days after service of this subpoena, you are ordered by the court to produce the foi lowing doaments SEE gAT at MEDICAL LEGAL RgPRODIICTIONSfAa~~SS~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~~ this subpoena, together with the certificate of caipliance, to the party making thi: _request at__the addcess_listed above.__You_have_the right. to seek in advance the rea.onabla -cost of preoaring-the copies or Producing the things_sought. __ -- - _- If you fail to produce the documents or (20) days after its service, the party crn:pellin9 Y~ to ccrrply with it. things required by this subpoena within twenty serving thin subpoena may seek a court orde•- THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLUNING PERSON: NAh~: KEVIN MCNAMARA, ESQ ADDRESS.-_-~°~ "• °~R~-r-p 6TH FLOOR TELEPHONE: 17108 SUPREME COURT ID ATTORNEY FOR: M284575-20 03/oY/02 DATE: 215-335-3212 DEFENDANT Seal of the Court BY THE COURT: C'.c~„~; 2 aka-H-Q ,.,~' Prothonotary/ Jerk, Civil Division b .~. ~_ 72x.00 . Deputy (Eff. 7/97} ~. ADDENDUM TO S UBPOENA SWINTOSKY Vs. No. 015710 WEIS MARKETS INC CUSTODIAN OE RECORDS FOR: CONEMAUGH MEM HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 ALL FEES-MUST BE APPRQYED 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 ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orzze signature for CONEMAUGH MEM HOSP CUMBERLAND M284575-20 *** SIGN AND RETURN THIS PAGE *** ~NWE?1LTH OF PF'SSAISYLVANTA ODOI7PY OF CONS ra: Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to produce, the following doaments a"SEEgA at SWINTOSKY Vs. WEIS MARKETS INC • File No. 015710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR JAMES RTDELLA, 1111 FRANKLIN ST, JOHNSTOWN PA 15905 MEDICAL LEGAL RTsPRODIICTIONS(,A~~T~s)4940 DISSTON ST., PSILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of crnpliance, to the party making thi_ - -request. at the address_1_isted above. You_have the. right to_seek in advance the reaon_able__ cost of preparing--the copies or p^oducing~he thing§-sought. If you fail to produce the docunents or things required by this subpoena within twenty !201 days after its service, the party serving this, subpoena may seek a court orde•~ crn~pelling you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FO~LQ4ING PERSON: NPME: KEVIN MCNAMARA, ESQ ADDRESS. ---30~ ",~ it ^~irfcT 6TH FLOOR R 17108 TELEPHONE: SUPRE!•£ OOl1RT ID ATTORNEY FOR: M284575-21 03/pP/02 DATE: 215-335-3212 DEFENDANT Seal of the Court BY THE COURT: l..Ct `T.tA ~ L...• Prothonotary/ 1 k, Civil Division Deputy (Eff. 7/97) :n ADDENDUM TO SUBPOENA swlNTOSKY vs. WEIS MARKETS INC No. 015710 CUSTODIAN OF RECORDS FOR: DR JAMES RIDELLA 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: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 ,' CERT_IFIED_PHQTOCOPIES_WILL BE ACCEPTED IN LIEti 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for DR JAMES RIDELLA CUMBERLAND M284575-21 *** SIGN AND RETURN THIS PAGE *** COMNDI~TH OF PIIa1SYLVANIA COUNPY OF CSIMBE~~ND SWINTOSKY Vs. WEIS MARKETS INC File No. 0157/0 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR 0lSCOVERY PURSUANT TO RULE 4009.22 KMART PHARMACY, 1181 WALNUT BOTTOM RD, CARLISLE PA 17013 T0: of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents a'SEE gA at MSDICAL LSGAL RSPRODIICTIONSfA~i~ss~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t•~ this subpoena, together with the certificate of ccnpliance, 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 service, the party serving thi; subpoena may seek a court orde• crnpelling you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA1~: KEVIN MCNAMARA, ESQ '4DDRESS' ---,--3°~ "~ ^~rr~ 6TH FLOOR RI 17108 TELEPHONE: SUPREME OOURT ID ATTORNEY FOR: M284575-22 215-335-3212 DEFENDANT o3/a8/o2 DATE: Seal of the Court BY THE OOl1FtT: Prothonot y Jerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA SWINTOSKY Vs. No. 015710 WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: KMART PHARMACY ANY AND ALL PHARMACEUTICAL RECORDS. PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED-PHOTOCOPIES.WILL-$E 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or KMART PHARMACY CUMBERLAND M284575-22 * * * SIGN AND RETURN THIS PAGE * * SWTNTOSKY Vs. WEIS MARKETS INC Cppq~~pNWFALTH OE' YII~YLVANIA COIRIPY OF GUNID Fjle No. 0157/0 SUBPOENA TO PRODUCE pOCUh1£NTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 T0: COMM GEN OSTEO HOSP, 4300 LONDONDERRY RD, HARRISBURG PA 17109 of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents SEE gA at ----- -- MSDICAL L$(•3AL RSPRODIICTIONSfA~~gs~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 carpl.iance, to the party making thi: request at _the_address_ lsted_above.___You have the right to_seek in_adyance the r_eaona>?lE --- cost of preoaring the copies or pi^oducng-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 thi; subpoena may seek a court orde• ccn:pelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLL(7NING PERSON: NAhE: KEVIN MCNAMARl1, ESQ ADDRESS: ~-~ 0° "'~.~ °~r~ 6TH FLOOR TELEPHONE: HAR 17108 SUPREhE OQURT ID ATTORNEY FOR: M284575-23 215-335-3212 DEFENDANT 03 /o ~'/ 02 DATE: Seal of the Court BY THE COl1R? : Prothonontary/ 1 ,Civil Division ~s~ (/ ydZ.c?D --~ r duty (Eff. 7/97) SWINTOSKY Vs. ADDENDUM TO S UBPOENA No. 015710 WEIS MARKETS TNC CUSTODIAN OF RECORDS FOR: COMM GEN OSTEO HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 ALL FEES -MUST--BE_AEPROVED PRIOR TO .RECORDS-- BEING _FORW_ ARDED. 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for COMM GEN OSTEO HOSP CUMBERLAND M284575-23 *** StGN AND RETURN THIS PAGE *** CONP+DNWEALTH OF PENNSnVA~A OC[JD7PY OF Ci~~ SWINTOSKY Vs. File No. 0157/0 WEIS MARKETS INC , SUBPOENA TO PRODUCE DOC1,h1ENTS OR TH I NC3S FOR DISOOVERY PURSUANT TO RULE 4009.22 PA HIGHER EDUC ASSIS ASSN, 29 N COLGATE, CARLISLE PA 17013 T0: ATTT7 ~ .R ONN L DEPARTMENT -_ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: __ SEE A at MBDICAL LBGAL R&PRODIICTIONS(,A~T~s)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t.~ this subpoena, together with the certificate of ccrrpliance, to the party making thi_ __request at the address. listed_above.__ You_have_the right to_seek in_advance_~he reasgnablg__ cost of preoaring the copies or p^oducing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (201 days after its service, the party serving thin, subpoena may seek a court orde~ cxnPelling you to arruly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWING PERSON: NAht£: KEVIN MCNAMARA, ESQ ALIDRESS.--3°v~~-F-R^vNT-o-T 6TH FLOOR TELEPHONE: HARRISBU~2G; ~A 17108 SUPREhE COURT ID # 215-335-3212 ATTORNEY FOR: ' DEFENDANT BY THE OOURT: M284575-24 03/ply/02 DATE: Seal of the Court Prothonotary/G1erNc, Civil Division Deputy (Eff. 7/97) SWINTOSKY Vs. ADDENDUM TO SUBPOENA WEIS MARKETS INC No. 015710 CUSTODIAN OF RECORDS FOR: PA HIGHER EDUC ASSIS ASSN ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED-P-HOTOCOPIES WILL-BE ACCEPTED IN LIEU_OF_YOUR PERSONAL_APPEARANCE.__ RECORD CUSTODIAN -COMPLETE AND RETURN [ 7 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for PA HIGHER EDUC ASSIS ASSN CUMBERLAND M284575-24 *** SIGN AND RETURN THIS PAGE *** F SWINTOSKY Vs. WEIS MARKETS INC File No. 015710 SUBPOENA TO PRODUCE DOCI~NTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: CENTIMARK CORP, 1400 RUNNEL AVE, LEMOYNE PA 17043 Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments SEEngA at MBDICAL LEGAL RSPRODIICTIONS(Ass~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~~ this subpoena, together with the certificate of carpliance, to the party making thi: request at_-the address_1_isted_above--You have-the_r.ight__to seek_in_advance__the_rea.cnz41~_ _ - • -- cost of preparing the copies or p~oducing 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 orde•~ ormpelling you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWINO PERSON: NAhIE: KEVIN MCNAMARA, ESQ ADDRESS' - 6TH FLOOR TELEPHONE: R 17108 SUPREh£ COURT ID ~ 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M284575-25 03/x$'/02 DATE: Seal of the Court COH¢+DNWFALTH OF PEIa1SYLV~A OOt1NPY OF (IINIBFRIAI•ID ~~~ ,~ I Prothonotary/~~k, Civil Division Q, 71'u.¢li.., Deputy (Eff. 7/97) SWINTOSKY ADDENDUM TO SUBPOENA Vs. No. 0157f0 WEIS MARKETS INC CIISTODIAN OF RECORDS FOR: CEN'ITNIARK CORD ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS,- ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED-P-HOT-OCOPIES__WILL_BE_ACCEPTED_IN LIEU9F YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for CENTIMARK CORP CIIMBERLAND M284575-25 * * * SIGN AND RETURN THIS PAGE CONA'DNWEAI,TH OF PFSIIdSYLVANlA COUNPY OF C[1NIDgu~ TO: SWINTOSKY VS. WEIS MARKETS INC • File No. 0157!0 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 EBI LP, 100 INERPLACE PKWY BOX 346, PARSIPPANY NJ 07054 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 O1'SEE9pl at MEDICAL LEGAL RBPRODIICTIONS(,A~i€;gs)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~; this subpoena, together with the certificate of crsrpliance, to the party making this request at.__the addr_ess_listed above. _You_have_the_right__to seek__in advance_;,he_reaonznle____ cost of preoar~ng the copies or p,~oducing 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 'thi: :subpoena may seek a court orde•~ crnpelling you to armly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: KEVIN MCNAMARA, ESQ ADt)RESS. `_-3^~ "~-~~~r'rsT 6TH FLOOR TELEPHONE: HARR 17108 SUPREME OOURT ID ATTORNEY FOR: M284575-26 03 /O g'/02 DATE: Z15-335-3212 DEFENDANT Seal of the Court BY THE COURT: Vlw~ln 94 1,..` Prothonnnotar /C k, Civil Division _~, Oc. Deputy (Eff. 7/97) '. swlNTOSxY Vs. ADDENDUM TO SUBPOENA WEIS MARKETS INC No. 015710 CUSTODIAN OF RECORDS FOR: EBILP ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED-PIiOTOCOP-IES WILL BE ACCEPTED_IN LIEU QF XOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN I ] 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. I I NO DOCUMENTSAVAILABLE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for EBI LP CUMBERLAND M284575-26 *** SIGN AND RETURN THIS PAGE *** ,` NWEALTH OF PESII95YLVANIA ODUNTY OF C1 SWINTOSKY Vs. File No. 0157/0 WEIS MARKETS INC • SUBPOENA TO PRODUCE DOCtA1ENTS OR THIN3S FOR OISOOVERY PURSUANT TO RULE 4009.22 T0: FISHERS ROOFING, RR 2, LOYSVILLE PA 17047-9802 Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following dottments or things: __ SEE A at ffiBDICAL LBGAL RBPRODIICTIONS(,A~I~ss~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the dociments or produce things requested h~ this subpoena; together with the certificate of ccnpliance, to the party making thi: request at _the_address_listed above.-_ You have_the right to_seek__in_advance the reg5onable cost of preparing the copies or p^oducing the things sought. If you fail to produce the docvnents or (20) days after its service, the party crxrpelling you to cortply with it. things required by this subpoena within twenty serving thi; >ubpoena may seek a court orde•~ THIS SUBPOENA WAS fSSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: xFVTN MCNaM~R}1, ESQ ADDRESS-------~ 6TH FLOOR TELEPHONE: HARRISBU G)~ -PA 17108 SUPREhE OOURT iD ATTORNEY FOR: M284575-27 215-335-3212 DEFENDANT 03/iJpl/02 DATE: Seal of the Court BY THE G1~l1RT: Prothonotary C1 k, Civil Division _ ~ 7'd Deputy (Eff. 7/97) SWINTOSKY Vs. ADDENDUM TO S UBPOENA No. 01570 WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: FISHERS ROOFING ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED-gHOTOCOPIES WILL BE ACCEPTEDIN LIEU_OF YOUR PER_60N_AL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ 7 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for FISHERS ROOFING CUMBERLAND M284575-27 *** SIGN AND RETURN THIS PAGE *** t CpNP+DNWEALTH OF R_ ~~ COUNTY OF Q SWINTOSKY Vs. File No. O15'YO WEIS MARKETS INC SUBPOENA TO PRODl1CE DOCI,t-1ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 SLI LIGHTING PRODUCTS, 122 E LAUREL ST, MULLINS SC 29574 T0: Am~rN: EMOGENE BRITT -- (Nave of Person or Entity) Within twenty (20) days after service of this subpoena, You are ordered by the court to produce the following doctrnents or things: _ SEE AT at MEDICAL LEGAL REPRODIICTIONS(,A~i~gs)4940 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 car~pliance, to the party making this request__at the address listed_above._.__You have,the_right to_seek in a_dvance_ the rea;onabl~ -- ----- cost of reoarin the p g copies or producing-the things sought. If you fail to produce the doaments or f20) days after its service, the party crnpetling you to ar„piy with it. things required by this subpoena within twenty serving 'this subpoena may seek a court orde•~ 'PHIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWING PERSON: NAME:_ KFVIN MCNAMARA, ESQ ADDRESS:_~e~-3fi-E,R9PdT~T 6TH FLOOR TELFPFpNE: HARRI BU G~-, PA 17108 St~REhE OOURT ID # 215-335-3212 ATTORNEY FOR: M284S75-28 03/b Q /02 DATE: DEFENDANT Seal of the Court BY ll-~ OOURT: 1 ~! 'T ~ ~ //~ fit- Lw" Prothoratary I Civil division "` Deputy (Eff. 7/97) a SWINTOSKY Vs. ADDENDUM TO S UBPOENA WEIS MARKETS INC No. 015'0 CUSTODIAN of RECORDS FoR: SLI LIGHTING PRODUCTS ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 GERTIPIED-PHOTOCOPIE~VVII.L.7BE_ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ 7 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. I ] NO DOCUMENTS AVAILA$LE: 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for SLI LIGHTING PRODUCTS CUMBERLAND M284575-28 *** SIGN AND RETURN THIS PAGE *** ~~ ~.~. SWINTOSKY Vs. WEIS MARKETS INC File No. 015710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 WINDBER MED CTR, DEAN ORNISH PROGRAM, 600 SUMMSET AVE TO: WINBER PA 15963 (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 SEE gATT~(`.~~ at MEDICAL LEGAL RSPRODIICTIONSfA~ji~ss~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 carpliance, to the party making tHi_ reques_t__at the address listea_above.__ You have the right__to seek_in advance the reasonable cost bf 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 service, the party serving thi=, <;ubpoena maY seek a court orde•~ crnpelling you to armly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO,VING PERSON: N,~: KEVIN MCNAMARA, ESQ ADORESS•- ^"^"'"' ~"` 6TH FLOOR TELEPHONE: ^~RRISBFJff(T'' ~A 17108 SUPREhE OOl1RT I D ATTORNEY FOR: M284575-29 215-335-3212 DEFENDANT 03/vS'/02 DATE: Seal of the Court (~q~DNWF2ILTH OF P13~NSYLVANIA O006TPY OF (IlNIBERIAND BY THE OOl1RT: ~...fl A L/A l~ vV/ MU _ Prothonotary/C~ Civil Division - w Deputy (Eff. 7/97) n .. r 3 x SWINTOSKY Vs. ADDENDUM TO S UBPOENA No. 0157b WEIS MARKETS INC CUSTODIAN OF RECORDS FOR: WINDBER MED CTR 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 T0: NAME: SHAWN J SWINTOSKY ADDRESS: 216 HASTINGS ST JOHNSTOWN PA DATE OF BIRTH: 03/26/75 SSAN: 196544333 CERTIFIED PHOTOCOPIES WILL BE_ACCE_PTED_IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN -COMPLETE AND RETURN f ] 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. f ] 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 ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature for WINDBER MED CTR CUM$ERLAND M284575-29 *** SIGN AND RETURN THIS PAGE *** ~, ~ ,_ ,, ~- ~ , -~,' ' ~,~ . =; ~ ~ = . ~- -; - _~ ~_ _ ~- ~ ~; ;, -~ g~' SHAWN SWINTOSKY IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNA. V. CIVIL ACTION -LAW NO. 01-5710 CIVIL TERM WEIS MARKETS, INC. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that Plaintiff s Request for Production of Documents, Set No. II was sent to counsel for Defendant by First Class United States Mail on the below date to the following ,address: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Hamsburg, PA 17108 DAL[p B. ANem[NS. P. C. VoeaoPew .icc eoan "p6 Date: '~~U'~ .,.~ Leah B: Gra squu Attorney I.D. No. 29176 Attorney for Plaintiff r, ~:> ,; ,` _ t'. r >; ~` <. ~_' i._. - = _.. . ~ er, ~? -~ SHAWN SWINTOSKY IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNA. V. CIVIL ACTION -LAW NO.Ol-5710 CIVIL TERM WEIS MARKETS, INC. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Notice of Deposition was sent by First Class United States Mail to counsel for Defendant on the below date at the following address: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Date: Q-~• Oa Leah B. Graff, sgwre Attorney I.D. No. 29176 Attomey for Plaintiff DAL$ N. ANBTIN'$. P. C. ~ ~°- o n ~ . ~ r' + -,~ ; ~ <` i:,.} ~ E CX? ~. rty ~ \T. .~,~ ',~ 7 •' 7'' "' rf ~~ ~ ... - ;~cemsa'saxm.zart~*s'%~x. iwr.~..n.Rs,F~;~aNeasa+~?c~~~~~- ._.. --~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for NRY trial at the next term of civil court. ( )for trial without a jury. ----------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) SHAWN SWINTOSKY, (check one) (X) Civil Action -Law ( )Appeal from Arbitration Indicate the attorney who will try case for the party who files this praecipe: Kevin C. McNamaza, Esquire Indicate trial counsel for other parties if known: Leah B. Graff, Esquire, for Plaintiff This case is ready for trial. Date: ' ~ ~ . Signed: ~ C- ~ ~~ / l ~-t~. Kevin C. McNamaza, Esquire Attorney for: Defendant WEIS MARKETS, INC. CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm, Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was served on all counsel of record by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the date set forth below: Leah B. Graff, Esquire LAW OFFICES OF DALF. E. ANSTINE, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff THOMAS, THOMAS & HAFER, LLP By:^ Rick Stains, Jr., Park gal 271958.1 ~~a~a y • ! " f_, ~ C c~ ti :J .C' ' ' r' f z , c:,<: ~ } ~ T Fey C1~ _'; j { ' '-r ~.-[ ; -~ ~ ~ F ~ ~ !Rl t-J ,tit -` fa ~1 Li: ~ ~, ~~,~ ~~ ~, ~~~. -_ -~ SHAWN SWINTOSKY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. WEIS MARKETS, INC., NO. 01-5~ .S"'Yl~ CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF CASE FROM TRIAL To the Prothonotary: Please Withdraw this case from trial, which was previously scheduled to commence on March 15, 2004. Respectfully submitted, Date: 0~3~o,y 273593.1 THOMAS, T OMAS &~/H~AFER, LLP Kevin C. McNamara, Esquire LD.#72668 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717)237-7132 Attorneys for Defendant CERTIFICATE OF SERVICE I, R ick S tains, Jr., a P aralegal for t he 1 aw firm Thomas, T homas & H afer, LLP, h ereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on date set forth below: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. Two West Market Street P.O. Box 952 York, PA 17405 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr. aralegal Date: ~/r,3/b~ 273593.1 ~. , n _ s- ~_~~ '=-„i ~-- --'. t ~._ _- F~J ~, ~'~ `1 ,` ~~! 0 -n .~ films `` -Pr ~ ::~ r=~ ~3 ~:. i ) PRAECIl'E FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court. ( )for trial without a jury. ----------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) SHAWN SWINTOSKY, (X) Civil Action -Law ( )Appeal from Arbitration ( ) (other) (Plaintiff) vs. WEIS MARKETS, INC., (Defendants) arkt't61oc21 Ktr'le G14a~~J: ."" No. Civil O1-596 S'7l~ Indicate the attorney who will try case for the party who files this praecipe: Kevin C. McNamara, Esquire Indicate trial counsel for other parties if known: Leah B. Graff, Esquire, for Plaintiff This case is ready for trial. Date: Kevin C. McNamara, Esquire Attorney for: Defendant WEIS MARKETS, INC. CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm, Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was served on all counsel of record by depositing the same in the United States Mail, postage prepaid, at Hamsburg, Pennsylvania, on the date set forth below: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaint By: ~~~3~~y 271958.2 THOMAS, THOMAS & HAFER, LLP Rick Stains, Jr. aralegal _ .. ... .._ _'.. _ n ~~..nM C'J c.:+ C'~ (_ [ ~'S i~ J. .-~ I' ~ [ ~~ .~ RZT ~w t~ ~. ~1 ~~ i r~~r ' ty- d.. ( ) _ ~. i~~ (mil ~~ .~OIimSPfi"4ksll€'i15~+^`Sa9~~5~N' ~ _ SiYF'. ~l 1 SHAWN SWINTOSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WEIS MARKETS, INC., CIVIL ACTION - LAW ~ Defendant N0. 01-5710 CIVIL TERM r .~ ;i~: ::_-: -- ,:.,_:. _ _ r~ IN RE: PRETRIAL CONFERENCE -~ '`'' rnr ff ::: C'~ C~ A pretrial conference was held before the``_.' ~„ -~T Honorable Edward E. Guido, Judge, on Wednesday, Apr"~=14;? 5?'" -j - 2004. Present for the Plaintiff was Leah B. Graff, Esquiare,~ and present for the Defendant was Kevin C. McNamara, Esquire. This is a routine slip and fall case in which the Plaintiff sustained back, neck, and shoulder injuries: Both liability and damages are contested. Neither party has any scheduling conflicts. They estimate that the case will take two and one half to three days to try. Each party will be presenting video depositions. The parties are directed to attempt to resolve any objections on their own, and those objections that cannot be resolved shall be submitted to the trial judge for disposition. Prior to trial the parties shall submit a list of those objections referencing the appropriate page numbers to the trial judge. The parties are continuing settlement negotiations. Settlement is within the realm of possibility. By the Cou Edward E. Guido, J. Leah B. Graff, Esquire For the Plaintiff Kevin C. McNamara, Esquire Fcr the Defendant Court Administrator lfh SHAWN SWINTOSKY IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO, PENNA. V. CIVII. ACTION -LAW NO.01-5710 CNIL TERM WEIS MARKETS, INC. NRY TRIAL DEMANDED PIdAECIP~ TO AISGQl)ITINil~ To The Prothonotary: Please mark the above captioned action settled and satisfied. ~</ Leah B. Graff, Esquire Attorney I.D. No. 29176 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717)846-0606 Attomey for Plaintiff ilJn ~i.vn A6 awsvvwsu, lln. 1'. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the within Praecipe was sent by First Class United States Mail to counsel for Defendant on the below date at the following address: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Date: August 11, 2004 Leah B. Graff, Esq 're Attorney LD. No. 29176 Attorney for Plaintiff IID.aa n llS~w9lv~sm~um~. 1~. m.. 2 C; J r,~-a i r L.. v~~ x~ 'zl ~ ;'7-- ' ~- :~ ~. fil fir- V: -ca+~~' ~~ t--~ .i~ 2j ~ . , _~ - ~ .. _ r. ,, ~~ ~~S i N'