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HomeMy WebLinkAbout01-06579 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, No. Q 1- S9 vs. BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT, LLC, PRAECIPE TO ISSUE WRIT OF SUMMONS q5x -Ti?k'\O YKeVN0 M e- /? 16` (9 Defendants. Filed on behalf of Plaintiff, James W. and Louise A. Deffenbaugh Counsel of Record for This Party: TUCKER ARENSBERG & SWARTZ Stephen M. Greecher, Jr. PA I.D. No. 36803 Kenneth W. Lee PA I.D. No. 50016 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 a . , rte.. _. t to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. Praecipe to Issue Writ of Summons TO: Prothonotary: Please issue a Writ of Summons against the above-named defendants. T KER + ? G & SWARTZ Stephen M. Greecher, Jr. / PA I.D. No. 36803 Kenneth W. Lee PA I.D. No. 50016 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 45164 T TI- cry Ul d :'-z: ??? ? V? ,?'y ? G71 ( ? ? -tea _ C-n S to t Commonwealth of Pennsylvania County of Cumberland James W. Deffenbaugh and Louise a. Deffenbaugh, His Wife VS. Boscov's Department Store, Inc., and Boscov's Department, LLC. 4500 Perkicmenville Avenue Reading PA 19606 Court of Common Pleas No.-2001-6579-Civil In -Civil Law To _Hoscov's-Departrnent_Store, Inc and Boscov's Department, LLC You are James W. ------------- notified that lbaugh and Louise A. Deffenbaugh His Wife the Plaintiff ha commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) 19 Curtis R. Long -------------- ----------------- Prothonotary Date ---NmUeM r_21.,_-2Dn1------ 19---- By _ J - --- ------ -- De - Deputy - -- - - 4 t K ra roF-rt ? ? O r (D W U O ((D ?rt? N 00 00 rah (aD 0 r ? to O ((D Cow rt C- LT] In p Z PP m C4 0 l ca N o 0 ? - ; r Cp r ? a it O C (D N ' I 1 , LQ n C 1 UI ?' ? i 'O Q 3 U Td O Ph Ul 1 '7 Y 'D CD s C r 1 1 N It C t4 i ?< r C 1 ' A t a rt a , 1 G m x ? 1 lD C ? m ? i 1 ' ? M ? ( 7 l I i ? 1 1 1 1 GO r .. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEFFENBAUGH JAMES W ET AL VS BOSCOV'S DEPARTMENT STORE R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BOSCOV'S DEPARTMENT STORE INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 11th , 2001 , this office was in receipt of the attached return from BERKS Sheriff's Costs: So answers: ?- _ Docketing 18.00 Out of County 9.00 G Surcharge 10.00 R. Thomas Kline Dep Berks County 34.52 Sheriff of Cumberland County .00 71.52 12/11/2001 TUCKER ARENSBERG SWARTZ Sworn and subscribed to before me this !3 day of o2vv/, A. D. / Prothonotary' ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEFFENBAUGH JAMES W ET AL VS BOSCOV'S DEPARTMENT STORE INC R. Thomas Kline .00 16.00 12/11/2001 TUCKER ARENSBERG SWARTZ duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BOSCOV'S DEPARTMENT STORE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 11th , 2001 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribed to before me this 13q' day of RQcfl -7oul A. D. CIOA- Prothonotary , Sheriff or Deputy Sheriff who being So answer 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072 Barry Jozwiak, Sheriff AFFIDAVIT OF SERVICE DOCKET NO. 01-6579 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Eric J. Weaknecht, Chief Deputy Personally appeared before me, CYNTHIA TOOLE, Deputy for Barry J. Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on DECEMBER 4, 2001 at 11:59 AM, he served the annexed WRIT OF SUMMONS upon BOSCOV'S DEPT. STORE, INC, within named,defendant, by handing a copy thereof to JANE GLENN, EXECUTIVE SECRETARY, at 4500 PERKIOMEN AVENUE, READING, EXETER TOWNSHIP, Berks County, Pa., and made known to defendant the contents thereof. PUTY SHF F OF BERKS CO., PA Sworn d subscribed before me this 57 /day of DECEMBER, 2001 CO., Service made as set forth above. NOTARIAL SEAL pi TANAMY RODRIGUEZ, Notary Public I o Answers, Reading, Berks County, PA My Commission Expires 10-06-2003 #`?P?A YYY SHERIFF OF BERKS COUNTY, PA Sheriff s Costs in Above Proceedings $ 75.00 DEPOSIT $ 34.52 ACTUAL COST OF CASE $ 65.48 AMOUNT OF REFUND All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the parry instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff s fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 196.01 Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072 Barry JPzwiak, Sheriff Eric J: Weaknecht, ChiefDeputy AFFIDAVIT OF SERVICE DOCKET NO. 01-6579 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, CYNTHIA TOOLE, Deputy for Barry J. Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on DECEMBER 4, 2001 at 11:59 AM, he served the annexed WRIT OF SUMMONS upon BOSCOV'S DEPT. STORE, LLC, within named defendant, by handing a copy thereof to JANE GLENN, EXECUTIVE SECRETARY, at 4500 PERKIOMEN AVENUE, READING, EXETER TOWNSHIP, Berks County, Pa., and made known to defendant the contents thereof. PUTY SFIERIFF OF BE {S CO., PA Swornsubscribed before me this 5 v of DECEMBER, 2001 CO., NOTARIAL SEAL TAMMY RODRIGUEZ, Notary Public Reading, Barks County, PA My COMMISSIOn Expires 10-06-2003 Service made as set forth above. 44wers, SHERIFF OF BERKS COUNTY, PA Sheriffs Costs in Above Proceedings $ DEPOSIT $ ACTUAL COST OF CASE $ AMOUNT OF REFUND All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff s fees on the same before he shall be obligated by law to make retum thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 SERVE: Boscov's Department Store LLC No. 01 6579 civil Now, November 27 20 01 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 45Z,040," 0*0 Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20^ MILEAGE AFFIDAVIT 20_, at o'clock M. served the In The Curt of Common fleas of Cumberland County, Pennsylvania James W. Deffenbaugh et al v5. Boscov's Department Store, Inc. et al SERVE: Boscov's Department Store, Inc Now, November 27 No. 01 6579 civil 20 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20l, at o'clock M. served the upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE S me this day of _ , 20 MILEAGE AFFIDAVIT S 'r- R BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 CIVIL LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. EDELSTEIN Attorneys for Defendants, BOSCOV'S DEPARTMENT STORE, INC. 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. DATE: -?.Ja,)t -% 2, a9, aUci? PROTHONOTARY- DATE://g z B U B WY A. ;ONTHAL Attorney I.D. #55672 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Rule to File Complaint on all counsel of record by placing the same ' the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of &*Wi u , 2002, and addressed as follows: 0^ Stephen M. Greecher, Jr. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN Q'?ao?") By: Carol Moose DAI Tma elers\24200.4-00021\PleadingsU2ule to File Complaint.l-17-02.wpd C fti; -n ZZ, A BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 CIVIL LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly file the attached Certificate of Service of the Rule to File Complaint of Defendants, Boscov's Department Store, Inc., and Boscov's Department, LLC. MARGOLIS EDELSTEIN DATE: Attorneys for Defendants, BOSCOV'S DEPARTMENT STORE, INC. 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney I.D. #55672 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC COURT OF COMMON PLEAS CUMBERLAND COUIZITY C NO. 2001-6579 CIVIL LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: .J n Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. EDELSTEIN DATE: 1/1 2- 1 TRUE COPY FROM RECORD Is? T utirsa t; ?s#I?recst, 1 here unto set my hand -sled 1im sa= q saga Court at Carlisle, Pa. A.KRONTHAL I.D. #55672 Attorneys for Defendants, BOSCOV'S DEPARTMENT STORE, INC. 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. DATE: awz?. -? PROTHONOTARY CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Rule to File Complaint on all counsel of record by placing the same in the United St tes mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the _ 4-4-h _ day of 002, and addressed as follows: Stephen M. Greecher, Jr., Esquire Ken Lee, Esquire. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN C??i ?(lVl.? By: Carol Moose DAI Travelers\24200.4-00021\Pleadings\Rule to File Certificate.2-4-02.wpd C) n } rn ,,--) i V C? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE, INC., COMPLAINT and BOSCOV'S DEPARTMENT STORE LLC, Filed on behalf of Plaintiffs, James W. and Louise A. Deffenbaugh Defendants. Counsel of Record for This Party: TUCKER ARENSBERG & SWARTZ Kenneth W. Lee PA I.D. No. 50016 Stephen M. Greecher, Jr. PA I.D. No. 36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written 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 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar Una apariencia escrita o en persona o por abogado y archivar en la corte enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 TUCKER ARENSBERG & SWARTZ, P.C. Kenneth W. Lee PA I.D. No. 50016 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 Dated: ATTORNEYS FOR PLAINTIFFS I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. COMPLAINT And now, comes Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, by and through their attorneys, Tucker Arensberg & Swartz, who file this Complaint of which the following is a statement thereof. I. Parties 1. Plaintiffs are James W. Deffenbaugh and Louise A. Deffenbaugh, husband and wife, who are adults and reside at 6230 Haydon Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Boscov's Department Store, Inc., is, upon information and belief, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 4500 Perkiomenville Avenue, Reading, Berks County, Pennsylvania. T 1 3. Defendant, Boscov's Department Stores, LLC, is, upon information and belief, a limited liability corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place located at 4500 Perkiomenville Avenue, Reading, Berks County, Pennsylvania. 4. At all times material hereto, Defendants were and are doing business regularly in Cumberland County and in the jurisdiction of this Court. 5. At all times material hereto, either or both of the defendants were in possession, custody and control of the premises known as Boscov's Department Store, 370 Camp Hill Shopping Mall, Camp Hill, Cumberland County, Pennsylvania, (hereinafter "Premises"). it. Facts 6. Plaintiffs incorporate herein by reference paragraphs 1 through 5 of this Complaint as though fully set forth at length. 7. The Premises are a large department store for which defendants solicit and encourage the public to enter upon so as to permit the public to purchase the wares and merchandise which defendants have in and upon the Premises. 8. Defendants conduct extensive public advertising campaigns to entice the public to enter upon the Premises with the most extensive and busiest time upon the Premises being the period between Thanksgiving and December 26 each year. 9. Defendants maintain and employee surveillance equipment and security personnel upon the Premises to, inter alia, provide for the protection and security of defendants' patrons and customers and of the wares or merchandise located in and upon the Premises. 2 I 10. On or about December 8, 1999, defendants' personnel observed the theft of certain wares and/or merchandise from the Premises by Kenneth E. Cline. 11. Upon information and belief, it is averred that though defendants' security personnel observed the illegal conduct of Kenneth E. Cline, no action of whatsoever kind or character was taken by defendants to apprehend Kenneth E. Cline on December 8, 1999. 12. On the morning of December 9, 1999, plaintiff, James W. Deffenbaugh, and his mother, entered upon the Premises for purposes of conducting Christmas shopping from defendants' wares and merchandise and thus, at all times material hereto, Plaintiff James W. Deffenbaugh was a business invitee upon the Premises. 13. The Premises contained many other business invitees conducting Christmas shopping on December 9, 1999. 14. On December 9, 1999, at approximately 10:30 a.m., defendants' personnel observed the aforesaid Kenneth E. Cline enter upon the Premises with the wares or merchandise which defendants' personnel had observed Kenneth E. Cline removing from the Premises on the previous day. 15. Though defendants' personnel knew, had reason to know or should have known that the aforesaid Kenneth E. Cline was a dangerous person or presented the potential to create a dangerous condition defendants' personnel failed to (a) apprehend him, (b) attempt to apprehend him or (c) otherwise attempt to prevent his entry upon the Premises and permitted the aforesaid Kenneth E. Cline to traverse to the middle of the Premises, up two (2) flights of stairs and to defendants' merchandise exchange and/or refund desk, notwithstanding the large number of business invitees upon the Premises. 3 16. Though defendants' personnel knew, had reason to know or should have known on December 9, 1999, that any attempt at the apprehension of the aforesaid Kenneth E. Cline after he traversed to defendants' merchandise exchange and/or refund desk could place at jeopardy the lives, safety and health of some or all of the large number of business invitees upon the Premises, defendants' personnel permitted the aforesaid Kenneth E. Cline to traverse to the middle of the Premises, up two (2) flights of stairs and to defendants' merchandise exchange and/or refund desk. 17. Upon information it is averred that the purpose of defendants' personnel permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and to traverse the Premises to defendants' merchandise exchange and/or refund desk was to provide Kenneth E. Cline the opportunity to exchange the wares or merchandise lie illegally took the previous day for money and thereby permit defendants to have Kenneth E. Cline charged with a higher graded criminal offense(s) than if defendants' personnel had apprehended Kenneth E. Cline on December 8, 1999, or upon his immediate entry upon the Premises on December 9, 1999. 18. Upon information and belief it is averred that when on December 9, 1999, the aforesaid Kenneth E. Cline attempted to exchange for money the wares or merchandise which he illegally obtained the previous day defendants' personnel attempted to apprehend him for purposes of a criminal arrest. 19. The attempt by defendants' personnel to apprehend the aforesaid Kenneth E. Cline on December 9, 1999, was unsuccessful and he fled from defendants' merchandise exchange 4 and/or refund desk, back down the stairs, into the middle of the Premises and amongst the large number of business invitees upon the Premises. 20. At all times during the flight of the aforesaid Kenneth E. Cline, on December 9, 1999, defendants' personnel requested assistance in the apprehension of Kenneth E. Cline from the business invitees and other personnel of defendants upon the Premises. 21. The flight of the aforesaid Kenneth E. Cline on December 9, 1999, become violent in that it resulted in the destruction of or damage to numerous items of wares or merchandise and the destruction of, damage to or the spilling or upheaval of the display cases and/or shelves upon which the destroyed or damaged wares or merchandise had been located. 22. During the aforesaid Kenneth E. Cline's flight on December 9, 1999, and at the specific request of defendants' personnel, Plaintiff James W. Deffenbaugh attempted to and did cause the apprehension of Kenneth E. Cline through a violent collision with Kenneth E. Cline approximately in the center of the Premises at or near defendants' "Courtesy Desk." 23. Notwithstanding the specific requests of defendants' personnel on December 9, 1999, to apprehend the aforesaid Kenneth E. Cline, the violent collision between Plaintiff James W. Deffenbaugh and Kenneth E. Cline could not have been avoided because of the path of Kenneth E. Cline's flight and the location of Plaintiff James W. Deffenbaugh upon or within the Premises. 24. As a direct result and proximate result of the violent collision on December 9, 1999, with the aforesaid Kenneth E. Cline, Plaintiff James W. Deffenbaugh suffered injuries, including aggravation to pre-existing injuries, to his head, left eye, shoulder, neck, back and right knee, all of which resulted in substantial medical care and treatment. 5 25. As a direct and proximate result of the injuries and complications thereof resulting from the violent collision on December 9, 1999, with the aforesaid Kenneth E. Cline, Plaintiff James W. Deffenbaugh incurred medical expenses and will continue to incur medical expenses for treatment and/or therapy in the future. 26. As a direct and proximate result of the injuries he incurred on December 9, 1999, Plaintiff James W. Deffenbaugh has endured pain, suffering, humiliation, mental anguish, emotional distress and the loss of life's pleasures, and will continue to endure pain suffering, humiliation, mental anguish, emotional distress and the loss of life's pleasures into the future. 27. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will continue to be limited in his normal daily activities. 28. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will continue to suffer impairment to his general health, strength and vitality. 29. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will be obligated to receive and undergo medical attention and care, will incur various expenses for medical treatment and will be obligated to continue to expend such sums for an indefinite time in the future. 30. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and hereinafter may incur other expenses or losses for which he claims to the extend permitted by applicable law. 31. On or about December 9, 1999, and after he sustained his injuries, defendants, by and though their authorized representatives, agents and/or employees, agreed to pay for the 6 medical treatment of Plaintiff James W. Deffenbaugh for the injuries he sustained on December 9, 1999, with defendants placing no limitations thereon as to the length of time or amount thereof. 32. Defendants paid or caused to be the medical expenses of Plaintiff James W. Deffenbaugh until February of 2001 when defendants, without notice or explanation to Plaintiff James W. Deffenbaugh, refused to pay or cause to be paid any further medical expenses relating to the injuries he incurred on December 9, 1999. III. Count One - Breach of Contract and Declaratory Judgment 33. Plaintiffs incorporate herein by reference paragraphs 1 through 32 of this Complaint as though fully set forth at length. 34. The failure or refusal by defendants to pay the medical expenses of Plaintiff James W. Deffenbaugh is a breach of an implied and/or expressed contract. 35. Plaintiff James W. Deffenbaugh detrimentally relied upon defendants' promises to pay his medical expenses in that: a. he did not report the injuries to his medical insurance provider; b. he obtained medical insurance coverage with a substantially higher deductible; and c. he is unable or may be unable to obtain medical insurance coverage for injuries he sustained on December 9, 1999, because those injuries constitute "pre-existing" conditions. 36. Though demands have been made, defendants have failed or refused to cure their breach and pay the outstanding balance of the medical expenses incurred in the approximate 7 amount of $2,000.00 and provide assurance that defendants will continue to pay for the medical treatment which Plaintiff James W. Deffenbaugh shall require. 37. Plaintiff James W. Deffenbaugh is entitled to relief pursuant to the Declaratory Judgment Act that defendants are required to pay any and all past, current and future medical expenses incurred for the injuries sustained on December 9, 1999, by Plaintiff James W. Deffenbaugh. 38. All conditions precedent have occurred or been performed. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in the amount of $2,000.00, declaratory relief as set forth in paragraph 37 of this Complaint, interest, costs and such further relief as this Court deems appropriate. IV. Count Two - Negligence 39. Plaintiffs incorporate herein by reference paragraphs 1 through 32 of this Complaint as though fully set forth at length. 40. The presence of the aforesaid Kenneth E. Cline upon the Premises on December 9, 1999, constituted a hazardous and/or dangerous condition. 41. The presence of the aforesaid Kenneth E. Cline upon the Premises on December 9, 1999, in or near defendants' merchandise exchange and/or refund desk and in or near defendants' "Courtesy Desk" constitutes careless and negligent conduct by defendants, their agents, representatives and/or employees. 8 42. The hazardous and/or dangerous conditions which caused Plaintiff James W. Deffenbaugh to incur the injuries on December 9, 1999, were present and within the actual or constructive knowledge of defendants through their agents, representatives and/or employees. 43. Defendants by themselves and/or through their agents and/or employees, breached their duty to Plaintiff James W. Deffenbaugh through their careless and negligent conduct, negligence, recklessness and carelessness, and thereby caused the hazardous and/or dangerous condition on December 9, 1999, and the resulting injuries therefrom, harm and damages by: a. failing to properly supervise its agents and/or employees so that they would not create the dangerous condition; b. permitting the aforesaid Kenneth E. Cline to enter upon the Premises for the reasons stated herein; C. failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or prior to or immediately upon his re-entry onto the Premises on December 9, 1999; d. failing to have sufficient security or other personnel or law enforcement present so as to prevent the flight by the aforesaid Kenneth E. Cline; e. failing to properly supervise its agents and/or employees so that they would prevent the entry upon the Premises or the flight by the aforesaid Kenneth E. Cline; ff, failing to apprehend and remove the aforesaid Kenneth E. Cline from the Premises before his flight and collision with Plaintiff James W. Deffenbaugh; g. creating or allowing such a dangerous condition to exist on December 9, 1999; h. permitting a dangerous condition to exist when Defendants knew, could have known, had reason to know or should have known that Plaintiff James W. Deffenbaugh or others like him would be subjected to the hazard or danger; 9 i. failing to exercise control in such a manner so as to prevent the dangerous condition from existing or continuing; j. failing to properly train their agents and/or employees so as to prevent the occurrence of dangerous conditions, including the dangerous condition that caused Plaintiff James W. Deffenbaugh's injuries; k. failing to warn of the dangerous condition that existed; 1. failing to have adequate supervising personnel present on the day in question; and M. permitting its agents, employees or personnel to request assistance from defendants' business invitees. 44. Defendants, by themselves and thorough their agents and/or employees, should have foreseen that someone could or would be injured as a result of the hazardous and/or dangerous condition. 45. Defendants, by themselves and through their agents and/or employees, were responsible for the apprehension of the aforesaid Kenneth E. Cline and his entry on to the Premises, and were responsible for seeing that the Premises were safe and that Kenneth E. Cline was apprehended in a manner that would not endanger Plaintiff James W. Deffenbaugh or other business invitees. 46. The aforesaid hazardous and/or dangerous condition was caused solely by the negligence and carelessness of defendants, by themselves and through their agents and/or employees, as aforesaid, and was in no manner due to any act or failure to act on the part of Plaintiff James W. Deffenbaugh. 47. Defendants, by themselves and through its agents and/or employees, knew or by the exercise or reasonable care should have discovered the hazardous and/or dangerous condition 10 at issue in this case and should have realized that it involved an unreasonable risk of harm to persons such as Plaintiff James W. Deffenbaugh entering or upon the Premises. 48. Defendants, by themselves and through their agents and/or employees, should have expected that its business invitees would not discover or realize the danger described herein, or would fail to protect themselves against it. 49. Defendants, by themselves and through their agents and/or employees, failed to exercise reasonable care as set forth herein to protect Plaintiff James W. Deffenbaugh against the dangerous conditions described herein. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and costs of suit. V. Count Three - Wanton and Willful Misconduct; Reckless Disregard of Safety 50. Plaintiffs incorporate herein by reference paragraphs 1 through 49 of this Complaint as though fully set forth at length. 51. Defendants knew, had reason to know or should have known that by failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or upon his immediate entry onto the Premises on December 9, 1999, that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and defendants acted wantonly, willfully, knowingly and in reckless disregard to the hazardous or dangerous condition which they had created. 52. Defendants knew, had reason to know or should have known that by permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and thereafter 11 permit him to traverse to defendants' merchandise exchange and/or refund desk in the middle of the Premises that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and defendants acted wantonly, willfully, and in reckless disregard to the hazardous or dangerous condition which they had created. 53. Defendants knew or should have known that the failure to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, and permitting him to enter upon and traverse to the middle of the Premises on December 9, 1999, constituted wanton, willful and reckless conduct because: a. It was a reckless disregard of the safety of Plaintiff James W. Deffenbaugh and other business invitees upon the Premises; b. It created an unreasonable risk of physical harm to plaintiff James W. Deffenbaugh and other business invitees upon the premises; and c. It created a substantially greater risk of physical harm to Plaintiff James W. Deffenbaugh and other business invitees upon the Premises. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus punitive damages, interest, damages for delay and costs of suit. VI. Count Four - Loss of Consortium 54. Paragraphs 1 through 53 are incorporated herein by reference as if set forth in their entirety. 12 I 55. As a result of defendants aforesaid conduct Plaintiff Louise A. Deffenbaugh has suffered and incurred and will suffer and incur a disruption in her daily habits and pursuits, loss of enjoyment of life, and medical expenses for her husband. 56. As a result of defendants aforesaid conduct Plaintiff Louise A. Deffenbaugh has been deprived of the society, companionship, contributions and consortium of her husband, James W. Deffenbaugh, to her great detriment and financial loss. Wherefore, plaintiff Louise A. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and cost of suit. Dated: 2 A.? .x TUCKER ARENSBERG & SWARTZ i Kenneth W. Lee PA I.D. No. 50016 Stephen M. Greecher, Jr. PA I.D. No. 36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 13 a { VERIFICATION AND NOW, comes James W. Deffenbaugh, and verifies that the facts contained in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which he does not believe to be true. Date: Z -Z2 -UZ ? ci L?? J es W. Deffenbaug 47606 I " J VERIFICATION AND NOW, comes Louise A. Deffenbaugh, and verifies that the facts contained in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which she does not believe to be true. Date: C i - ac? - Da Louise A ugh 47607 R CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served upon the following via United States mail, postage pre-paid on theM^ d day of February, 2002. Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 W. Lee 47543 r?; r TAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, Plaintiffs V. BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC, Defendants ORDER AND NOW, this _ day of 2002, upon consideration of the Preliminary Objections of Defendants, Boscov's Department Store, lnc. and Boscov's Department, LLC, it is HEREBY ORDERED AND DECREED as follows: 1. Count 11 of Plaintiffs' Complaint is dismissed for failure to state a claim upon which relief can be granted; 2. Paragraphs 31 through 36 of Plaintiffs' Complaint are stricken as scandalous and impertinent and as failing to confirm to law or rule of Court; 3. Plaintiffs' claims for punitive damages are dismissed for failure to state a claim upon which relief can be granted; and, 4. Plaintiffs' Complaint is dismissed for failure to join an indispensable and necessary parry. BY THE COURT: COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 CIVIL LAW J. Akio ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN P. 0. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC, Defendants NO. 2001-6579 CIVIL LAW PRELIMINARY OBJECTIONS OF DEFENDANT, BOSCOV'S DEPARTMENT STORES, INC., PURSUANT TO Pa.R.C.P. No. 1028(a)2,4 and 5. AND NOW, comes Defendant, Boscov's Department Store, Inc. and Boscov's Department, LLC, (collectively referred to as "Boscov's"), by and through its counsel, Margolis Edelstein, and hereby files these Preliminary Objections to the Complaint of Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, (collectively referred to as "Plaintiffs"), pursuant to Pa.R.C.P. Nos. 1028(a) 2, 4 and 5 and aver the following in support thereof: L PROCEDURAL HISTORY 1. Pursuant to a Rule to File Complaint, Plaintiffs filed a Complaint on or about February 22, 2002. A copy of Plaintiffs' Complaint is attached hereto, made a part hereof, and marked as Exhibit "A." 2. In their Complaint, Plaintiffs allege that on or about December 8, 1999, Boscov's personnel observed a theft of certain wares and/or merchandise from the premises by Kenneth E. Cline (Paragraph 10 of Plaintiffs' Complaint). 3. Plaintiffs further allege that on the morning of December 9, 1999, Plaintiff, James W. Deffenbaugh, was Christmas shopping at Boscov's (Paragraph 12 of Plaintiffs' Complaint); that on or about December 9, 1999, Mr. Cline returned to Boscov's (Paragraph 14 of Plaintiffs' Complaint); that Boscov's personnel attempted to apprehend Mr. Cline (Paragraph 15 of Plaintiffs' Complaint); that during the attempted apprehension, Boscov's personnel requested the assistance from other business invitees and other personnel (Paragraph 24 of Plaintiffs' Complaint); that Mr. Deffenbaugh attempted to and did cause the apprehension of Mr. Cline (Paragraph 22 of Plaintiffs' Complaint); and that Mr. Deffenbaugh suffered certain personal injuries as a result of his attempt to apprehend Mr. Cline. 3. Based upon the aforementioned allegations, Plaintiffs attempt to assert three theories of recovery set forth in three counts against Boscov's. Specifically, in Count One, Plaintiffs assert a breach of contract and declaratory judgment claim, based upon Boscov's gratuitous payments of certain medical bills incurred by Mr. Deffenbaugh. 4. hi Count Two, Plaintiffs allege that Boscov's was negligent in the following respects: a. failing to properly supervise its agents and/or employees so that they would not create the dangerous condition; b. Permitting the aforesaid Kenneth E. Cline to enter upon the premises for the reasons stated herein; c. failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or prior to or immediately upon his re-entry onto the premises on December 9, 1999; d. failing to have sufficient security or other personnel or law enforcement present so as to prevent the flight by the aforesaid Kenneth E. Cline; e. failing to properly supervise its agents and/or employees so that they would prevent the entry upon the premises or the flight by the aforesaid Kenneth E. Cline; f, failing to apprehend and remove the aforesaid Kenneth E. Cline from the premises before his flight and collision with Plaintiff, James W. Deffenbaugh; g. creating or allowing such a dangerous condition to exist on December 9, 1999; h. permitting a dangerous condition to exist when Defendants knew, could have known, had reason to know or should have known that Plaintiff, James W. Deffenbaugh or other like him would be subjected to the hazard or danger; i. failing to exercise control in such a manner so as to prevent the dangerous condition from existing or continuing; failing to properly train their agents and/or employees so as to prevent the occurrence of dangerous conditions, including the dangerous condition that caused Plaintiff, James W. Deffenbaugh's, injuries; k. failing to warn of the dangerous condition that existed; 1. failing to have adequate supervising personnel present on the day in questions; and m. permitting its agents, employees or personnel to request assistance from Defendants' business invitees. (Paragraph 43 of Plaintiffs' Complaint). 5. Lastly, Plaintiffs seek punitive damages based upon the following allegations: 51. Defendants knew, had reason to know or should have known that by failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or upon his immediate entry onto the Premises on December 9, 1999, that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and Defendants acted wantonly, willfully, knowingly and in reckless disregard to the hazardous or dangerous condition which they had created. 52. Defendants knew, had reason to know or should have known that be permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and thereafter permit him to traverse to Defendants' merchandise exchange and/or refund desk in the middle of the Premises that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and Defendants acted wantonly, willfully, and in reckless disregard to the hazardous or dangerous condition which they had created. 53. Defendants knew or should have known that the failure to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, and permitting him to enter upon and traverse to the middle of the Premises on December 9, 1999, constituted wanton, willful and reckless conduct because: a. It was a reckless disregard of the safety of Plaintiff, James W. Deffenbaugh, and other business invitees upon the Premises; b. It created an unreasonable risk of physical harm to Plaintiff, James W. Deffenbaugh, and other business invitees upon the premises; and c. It created a substantially greater risk of physical harm to Plaintiff, James W. Deffenbaugh, and other business invitees upon the Premises. (Paragraphs 51-53 of Plaintiffs' Complaint). 6. Pa. R.C.P. Nos. 1028(a)(2),(4) and/or (5) provide that Preliminary Objections maybe filed as follows: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter; (4) legal insufficiency of a pleading (demurrer); and (5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action. Id. 7. As discussed in greater detail below, Plaintiffs' Complaint is violative of the aforementioned Rules of Civil Procedure, and, therefore, Boscov's now timely files these Preliminary Objections. II. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER PURSUANT TO PA. R.C.P. No. 1028(a)(4) (CLAIM FOR MEDICAL EXPENSES) 8. As stated above, in Count One, Plaintiffs seek breach of contract, and declaratory judgment relief based upon Boscov's payments of certain medical expenses. 9. Boscov's made gratuitous payments to Plaintiff for his medical bills. 10. Plaintiffs fail to reference any signed agreement that Boscov's would continue to make medical payments, and/or continue said payments. Thus, Plaintiffs' Complaint fails to adequately plead an express contract. 11. Plaintiffs fail to plead any consideration that would support an implied contract theory of recovery. 12. Plaintiffs have likewise failed to plead any facts to show that Boscov's engaged in conduct that would reasonably induce a definite action, in this case, Plaintiffs' failure to notify his health insurer. 13. Plaintiffs have failed to plead any facts to show an injustice caused by anything other than Plaintiffs' own failure to notify his health insurer of his injuries. 14. As such, Plaintiffs cannot recover for breach of contract damages, and Count One of Plaintiffs' Complaint must be dismissed. WHEREFORE, Defendants, Boscov's Department Store, Inc. and Boscov's Department, LLC, respectfully request Plaintiffs' Complaint be dismissed for failure to state a claim upon which relief can be granted. III. 15. Paragraphs 1 through 14 inclusive hereof are incorporated herein by reference as if set forth in their entirety. 16. In the alternative, allegations concerning these payments are prejudicial and are merely an attempt by Plaintiffs to show liability. 17. These payments were made in furtherance of settlement negotiations. As such, their inclusion in Plaintiffs' Complaint constitutes scandalous and impertinent matter and fail to conform to Rule of Court and therefore, any references thereto must be stricken. 18. Accordingly, Paragraphs 31-36 of Plaintiffs' Complaint must be stricken as scandalous and impertinent and as failing to conform to law or Rule of Court. WHEREFORE, Defendants, Boscov's Department Store, Inc. and Boscov's Department, LLC, respectfully request paragraphs 31-36 of Plaintiffs' Complaint be stricken as scandalous and impertinent and as failing to confirm to law or rule of Court. IV. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER. PURSUANT TO PA. R.C.P. NO. 1028(a)(4) (PUNITIVE DAMAGES). 19. Paragraphs 1 through 18 inclusive hereof are incorporated herein by reference as if set forth in their entirety. 20. As stated above, in Count Three of Plaintiffs' Complaint, Plaintiffs attempt to assert a claim for punitive damages. 21. The basis of this claim is that Boscov's should have apprehended the alleged shoplifter, Kenneth Cline, when he first came upon the premises on December 8, 1999, or immediately upon his return on December 9, 1999. See paragraphs 51 and 53 of Plaintiffs' Complaint. 22. Even assuming that Boscov's personnel saw Mr. Cline enter the store with goods that appeared to be stolen the day previously, there is nothing pled in Plaintiffs' Complaint to indicate that Boscov's knew of Mr. Cline's presence before he was inside the store on December 9, 1999. 23. Thus, there was nothing Boscov's could do to avoid the risk of Mr. Cline re-entering the store. 24. Nothing in Plaintiffs' Complaint supports an inference of reckless indifference necessary to support a claim of punitive damages. WHEREFORE, Defendants, Boscov's Department Store, Inc. and Boscov's Department, LLC, respectfully request this Honorable Court dismiss Plaintiffs' claims for punitive damages. V. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS FOR FAILURE TO JOIN NECESSARY PARTY. 25. Paragraphs 1 through 24 inclusive hereof are incorporated herein by reference as if set forth in their entirety. 26. Plaintiffs allege that the injuries sustained were occasioned by the collision between the fleeing Mr. Cline and Plaintiff, James W. Deffenbaugh. 27. Plaintiffs further allege that even if Plaintiff, James W. Deffenbaugh had not attempted to apprehend Mr. Cline, the collision that allegedly gave rise to Mr. Deffenbaugh's injuries could not have been avoided due to Mr. Cline's path of travel. 28. In view of the foregoing, it is clear that Mr. Cline's rights are so closely connected with the rights of the parties that he must be joined as an indispensable party. 29. In the alternative, Mr. Cline is a necessary party whose presence in the litigation is essential if this Court is to completely resolve the controversy. 30. Plaintiffs' failure to join Mr. Cline warrants dismissal of Plaintiffs' Complaint. WHEREFORE, Defendants, Boscov's Department Store, hie. and Boscov's Department, LLC, respectfully request this Honorable Court enter an Order dismissing Plaintiffs' Complaint for failure to join an indispensable party, or in the alternative, dismiss Plaintiffs' Complaint for failure to join a necessary party. Respectfully submitted, MARGOLIS EDELSTEIN I F By:-? Attorney I.D. #4724: Post Office Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, No. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE LLC, COMPLAINT Filed on behalf of Plaintiffs, James W. and Louise A. Deffenbaugh Defendants. Counsel of Record for This Parry: TUCKER ARENSBERG & SWARTZ Kenneth W. Lee PA I.D. No. 50016 Stephen M. Greecher, Jr. PA I.D. No. 36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written 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 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 TUCKER ARENSBERG & SWARTZ, P.C. Kenneth W. Lee PA I.D. No. 50016 111 North Front Street P. 0. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 Dated: R '?? Dz ATTORNEYS FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, VS. No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. COMPLAINT And now, comes Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, by and through their attorneys, Tucker Arensberg & Swartz, who file this Complaint of which the following is a statement thereof. 1. Parties 1. Plaintiffs are James W. Deffenbaugh and Louise A. Deffenbaugh, husband and wife, who are adults and reside at 6230 Haydon Court, Mechanicsburg, Cumberland County, Pemnsylvania. 2. Defendant, Boscov's Department Store, Inc., is, upon information and belief, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 4500 Perkiomenville Avenue, Reading, Berks County, Pennsylvania. 3. Defendant, Boscov's Department Stores, LLC, is, upon information and belief, a limited liability corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place located at 4500 Perkiomenville Avenue, Reading, Berks 'County, Pennsylvania. 4. At all times material hereto, Defendants were and are doing business regularly in Cumberland County and in the jurisdiction of this Court. 5. At all times material hereto, either or both of the defendants were in possession, custody and control of the premises known as Boscov's Department Store, 370 Camp Hill Shopping Mall, Camp Hill, Cumberland County, Pennsylvania, (hereinafter "Premises"). II. Facts 6. Plaintiffs incorporate herein by reference paragraphs 1 through 5 of this Complaint as though fully set forth at length. 7. The Premises are a large department store for which defendants solicit and encourage the public to enter upon so as to permit the public to purchase the wares and merchandise which defendants have in and upon the Premises. 8. Defendants conduct extensive public advertising campaigns to entice the public to enter upon the Premises with the most extensive and busiest time upon the Premises being the period between Thanksgiving and December 26 each year. 9. Defendants maintain and employee surveillance equipment and security personnel upon the Premises to, inter alia, provide for the protection and security of defendants' patrons and customers and of the wares or merchandise located in and upon the Premises. 2 10. On or about December 8, 1999, defendants' personnel observed the theft of certain wares and/or merchandise from the Premises by Kenneth E. Cline. 11. Upon information and belief, it is averred that though defendants' security personnel observed the illegal conduct of Kenneth E. Cline, no action of whatsoever kind or character was taken by defendants to apprehend Kenneth E. Cline on December 8, 1999. 12. On the morning of December 9, 1999, plaintiff, James W. Deffenbaugh, and his mother, entered upon the Premises for purposes of conducting Christmas shopping from defendants' wares and merchandise and thus. at all times material hereto, Plaintiff James W. Deffenbaugh was a business invitee upon the Premises. 13. The Premises contained many other business invitees conducting Christmas shopping on December 9, 1999. 14. On December 9, 1999, at approximately 10:30 a.m., defendants' personnel observed the aforesaid Kenneth E. Cline enter upon the Premises with the wares or merchandise which defendants' personnel had observed Kenneth E. Cline removing from the Premises on the previous day. 15. Though defendants' personnel knew, had reason to know or should have known that the aforesaid Kenneth E. Cline was a dangerous person or presented the potential to create a dangerous condition defendants' personnel failed to (a) apprehend him, (b) attempt to apprehend him or (c) otherwise attempt to prevent his entry upon the Premises and permitted the aforesaid Kenneth E. Cline to traverse to the middle of the Premises, up two (2) flights of stairs and to defendants' merchandise exchange and/or refund desk, notwithstanding the large number of business invitees upon the Premises. 3 16. Though defendants' personnel knew, had reason to know or should have known on December 9, 1999, that any attempt at the apprehension of the aforesaid Kenneth E. Cline after he traversed to defendants' merchandise exchange and/or refund desk could place at 'jeopardy the lives, safety and health of some or all of the large number of business invitees upon the Premises, defendants' personnel permitted the aforesaid Kenneth E. Cline to traverse to the middle of the Premises, up two (2) flights of stairs and to defendants' merchandise exchange and/or refund desk. 17. Upon information it is averred that the purpose of defendants' personnel permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and to traverse the Premises to defendants' merchandise exchange and/or refund desk was to provide Kenneth E. Cline the opportunity to exchange the wares or merchandise he illegally took the previous day for money and thereby permit defendants to have Kenneth E. Cline charged with a higher graded criminal offense(s) than if defendants' personnel had apprehended Kenneth E. Cline on December 8, 1999, or upon his immediate entry upon the Premises on December 9, 1999. 18. Upon information and belief it is averred that when on December 9, 1999, the aforesaid Kenneth E. Cline attempted to exchange for money the wares or merchandise which he illegally obtained the previous day defendants' personnel attempted to apprehend him for purposes of a criminal arrest. 19. The attempt by defendants' personnel to apprehend the aforesaid Kemieth E. Cline on December 9, 1999, was unsuccessful and he fled from defendants' merchandise exchange 4 and/or refund desk, back down the stairs, into the middle of the Premises and amongst the large number of business invitees upon the Premises. 20. At all times during the flight of the aforesaid Kenneth E. Cline, on December 9, ' 1999, defendants' personnel requested assistance in the apprehension of Kenneth E. Cline from the business invitees and other personnel of defendants upon the Premises. 21. The flight of the aforesaid Kenneth E. Cline on December 9, 1999, become violent in that it resulted in the destruction of or damage to numerous items of wares or merchandise and the destruction of, damage to or the spilling or upheaval of the display cases and/or shelves upon which the destroyed or damaged wares or merchandise had been located. 22. During the aforesaid Kenneth E. Cline's flight on December 9, 1999, and at the specific request of defendants' personnel, Plaintiff James W. Deffenbaugh attempted to and did cause the apprehension of Kenneth E. Cline through a violent collision with Kenneth E. Cline approximately in the center of the Premises at or near defendants' "Courtesy Desk." 23. Notwithstanding the specific requests of defendants' personnel on December 9, 1999, to apprehend the aforesaid Kenneth E. Cline, the violent collision between Plaintiff James W. Deffenbaugh and Kenneth E. Cline could not have been avoided because of the path of Kenneth E. Cline's flight and the location of Plaintiff James W. Deffenbaugh upon or within the Premises. 24. As a direct result and proximate result of the violent collision on December 9, 1999, with the aforesaid Kenneth E. Cline, Plaintiff James W. Deffenbaugh suffered injuries, including aggravation to pre-existing injuries, to his head, left eye, shoulder, neck, back and right knee, all of which resulted in substantial medical care and treatment. 5 25. As a direct and proximate result of the injuries and complications thereof resulting from the violent collision on December 9, 1999, with the aforesaid Kenneth E. Cline, Plaintiff James W. Deffenbaugh incurred medical expenses and will continue to incur medical expenses for treatment and/or therapy in the future. 26. As a direct and proximate result of the injuries he incurred on December 9, 1999, Plaintiff James W. Deffenbaugh has endured pain, suffering, humiliation, mental anguish, emotional distress and the loss of life's pleasures, and will continue to endure pain suffering, humiliation, mental anguish, emotional distress and the loss of life's pleasures into the future. 27. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will continue to be limited in his normal daily activities. 28. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will continue to suffer impairment to his general health, strength and vitality. 29. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will be obligated to receive and undergo medical attention and care, will incur various expenses for medical treatment and will be obligated to continue to expend such sums for an indefinite time in the future. 30. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and hereinafter may incur other expenses or losses for which he claims to the extend permitted by applicable law. 31. On or about December 9, 1999, and after he sustained his injuries, defendants, by and though their authorized representatives, agents and/or employees, agreed to pay for the 6 medical treatment of Plaintiff James W. Deffenbaugh for the injuries he sustained on December 9, 1999, with defendants placing no limitations thereon as to the length of time or amount thereof. 32. Defendants paid or caused to be the medical expenses of Plaintiff James W. Deffenbaugh until February of 2001 when defendants, without notice or explanation to Plaintiff James W. Deffenbaugh, refused to pay or cause to be paid any further medical expenses relating to the injuries he incurred on December 9, 1999. III. Count One - Breach of Contract and Declaratory Judgment 33. Plaintiffs incorporate herein by reference paragraphs 1 through 32 of this Complaint as though fully set forth at length. 34. The failure or refusal by defendants to pay the medical expenses of Plaintiff James W. Deffenbaugh is a breach of an implied and/or expressed contract. 35. Plaintiff James W. Deffenbaugh detrimentally relied upon defendants' promises to pay his medical expenses in that: a. he did not report the injuries to his medical insurance provider; b. he obtained medical insurance coverage with a substantially higher deductible; and c. lie is unable or may be unable to obtain medical insurance coverage for injuries he sustained on December 9, 1999, because those injuries constitute "pre-existing" conditions. 36. Though demands have been made, defendants have failed or refused to cure their breach and pay the outstanding balance of the medical expenses incurred in the approximate 7 amount of $2,000.00 and provide assurance that defendants will continue to pay for the medical treatment which Plaintiff James W. Deffenbaugh shall require. 37. Plaintiff James W. Deffenbaugh is entitled to relief pursuant to the Declaratory 'Judgment Act that defendants are required to pay any and all past, current and future medical expenses incurred for the injuries sustained on December 9, 1999, by Plaintiff James W. Deffenbaugh. 38. All conditions precedent have occurred or been performed. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in the amount of $2,000.00, declaratory relief as set forth in paragraph 37 of this Complaint, interest, costs and such further relief as this Court deems appropriate. IV. Count Two - Negligence 39. Plaintiffs incorporate herein by reference paragraphs 1 through 32 of this Complaint as though fully set forth at length. 40. The presence of the aforesaid Kenneth E. Cline upon the Premises on December 9, 1999, constituted a hazardous and/or dangerous condition. 41. The presence of the aforesaid Kenneth E. Cline upon the Premises on December 9, 1999, in or near defendants' merchandise exchange and/or refund desk and in or near defendants' "Courtesy Desk" constitutes careless and negligent conduct by defendants, their agents, representatives and/or employees. 8 42. The hazardous and/or dangerous conditions which caused Plaintiff James W. Deffenbaugh to incur the injuries on December 9, 1999, were present and within the actual or constructive knowledge of defendants through their agents, representatives and/or employees. 43. Defendants by themselves and/or through their agents and/or employees, breached their duty to Plaintiff James W. Deffenbaugh through their careless and negligent conduct, negligence, recklessness and carelessness, and thereby caused the hazardous and/or dangerous condition on December 9, 1999, and the resulting injuries therefrom, harm and damages by: a. failing to properly supervise its agents and/or employees so that they would not create the dangerous condition; b. permitting the aforesaid Kenneth E. Cline to enter upon the Premises for the reasons stated herein; C. failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or prior to or immediately upon his re-entry onto the Premises on December 9, 1999; d. failing to have sufficient security or other personnel or law enforcement present so as to prevent the flight by the aforesaid Kenneth E. Cline; e. failing to properly supervise its agents and/or employees so that they would prevent the entry upon the Premises or the flight by the aforesaid Kenneth E. Cline; f. failing to apprehend and remove the aforesaid Kenneth E. Cline from the Premises before his flight and collision with Plaintiff James W. Deffenbaugh; g. creating or allowing such a dangerous condition to exist on December 9, 1999; h. permitting a dangerous condition to exist when Defendants knew, could have known, had reason to know or should have known that Plaintiff James W. Deffenbaugh or others like him would be subjected to the hazard or danger; 9 i. failing to exercise control in such a manner so as to prevent the dangerous condition from existing or continuing; j. failing to properly train their agents and/or employees so as to prevent the occurrence of dangerous conditions, including the dangerous condition that caused Plaintiff James W. Deffenbaugh's injuries; k. failing to warn of the dangerous condition that existed; 1. failing to have adequate supervising personnel present on the day in question; and m. permitting its agents, employees or personnel to request assistance from defendants' business invitees. 44. Defendants, by themselves and thorough their agents and/or employees, should have foreseen that someone could or would be injured as a result of the hazardous and/or dangerous condition. 45. Defendants, by themselves and through their agents and/or employees, were responsible for the apprehension of the aforesaid Kenneth E. Cline and ]ris entry on to the Premises, and were responsible for seeing that the Premises were safe and that Kenneth E. Cline was apprehended in a manner that would not endanger Plaintiff James W. Deffenbaugh or other business invitees. 46. The aforesaid hazardous and/or dangerous condition was caused solely by the negligence and carelessness of defendants, by themselves and through their agents and/or employees, as aforesaid, and was in no manner due to any act or failure to act on the part of Plaintiff James W. Deffenbaugh. 47. Defendants, by themselves and through its agents and/or employees, knew or by the exercise or reasonable care should have discovered the hazardous and/or dangerous condition 10 ? at issue in this case and should have realized that it involved an unreasonable risk of harm to persons such as Plaintiff James W. Deffenbaugh entering or upon the Premises. 48. Defendants, by themselves and through their agents and/or employees, should 'have expected that its business invitees would not discover or realize the danger described herein, or would fail to protect themselves against it. 49. Defendants, by themselves and through their agents and/or employees, failed to exercise reasonable care as set forth herein to protect Plaintiff James W. Deffenbaugh against the dangerous conditions described herein. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and costs of suit. V. Count Three - Wanton and Willful Misconduct; Reckless Disregard of Safety 50. Plaintiffs incorporate herein by reference paragraphs 1 through 49 of this Complaint as though fully set forth at length. 51. Defendants knew, had reason to know or should have known that by failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or upon his immediate entry onto the Premises on December 9, 1999, that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and defendants acted wantonly, willfully, knowingly and in reckless disregard to the hazardous or dangerous condition which they had created. 52. Defendants knew, had reason to know or should have known that by permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and thereafter 11 permit him to traverse to defendants' merchandise exchange and/or refund desk in the middle of the Premises that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and defendants acted wantonly, willfully, and 'in reckless disregard to the hazardous or dangerous condition which they had created. 53. Defendants knew or should have known that the failure to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, and permitting him to enter upon and traverse to the middle of the Premises on December 9, 1999, constituted wanton, willful and reckless conduct because: a. It was a reckless disregard of the safety of Plaintiff James W. Deffenbaugh and other business invitees upon the Premises; b. It created an unreasonable risk of physical harm to plaintiff James W. Deffenbaugh and other business invitees upon the premises; and c. It created a substantially greater risk of physical harm to Plaintiff James W. Deffenbaugh and other business invitees upon the Premises. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus punitive damages, interest, damages for delay and costs of suit. VI. Count Four - Loss of Consortium 54. Paragraphs 1 through 53 are incorporated herein by reference as if set forth in their entirety. 12 55. As a result of defendants aforesaid conduct Plaintiff Louise A. Deffenbaugh has suffered and incurred and will suffer and incur a disruption in her daily habits and pursuits, loss of enjoyment of life, and medical expenses for her husband. 56. As a result of defendants aforesaid conduct Plaintiff Louise A. Deffenbaugh has been deprived of the society, companionship, contributions and consortium of her husband, James W. Deffenbaugh, to her great detriment and financial loss. Wherefore, plaintiff Louise A. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and cost of suit. Dated: R F? 03 TUCKER ARENSBERG & SWARTZ Kenneth W. Lee PA I.D. No. 50016 Stephen M. Greecher, Jr. PA I.D. No. 36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 13 VERIFICATION AND NOW, comes James W. Deffenbaugh, and verifies that the facts contained in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which he does not believe to be true. Date: Z `2 2--oz ? w l J es W. Deffenbaug 47606 I „ r VERIFICATION AND NOW, comes Louise A. Deffenbaugh, and verifies that the facts contained in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which she does not believe to be true. Date; '-? - as - oa I Louise A. Deffenbaugh 47607 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served upon the following via United States mail, postage pre-paid on the,? A^ at day of February, 2002. Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 , W. Lee 47543 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the LU day of Mw'?j , 2002, and addressed as follows: Ken Lee, Esquire 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN By: Jess Brady F91 Travelers\24200.4-00021\Fleadings\Objectiom3-6-02.wpd T ? ?. ? I ?.? ? - ! 1 _ _ ? 1 . ?J ?. -.?1? ?Y ? ` ?.J BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Boa 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT. LLC IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 2001-6579 CIVIL LAW CERTIFICATE PRE-REQUISITE TO SERVICE OF SUBPOENAS As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: A Notice of Intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. MARGOLIS EDELSTEIN By: 6W1 c4L-- Barry Kronthal, Esquire I.D. #55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Defendants DATED: May 22, 2002 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court LD. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717)975- 8114 ` Attorneys for Facsimile: (717) 975-8124 Defendants E-Mail: bkrouthal@margolisedelstein.com JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 2001-6579 CIVIL LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO ATTEND AND PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, Date MARGOLIS ION 55672 3 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Defendants JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC To: Magnetic Imaging Center 4665 Trindle Road Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 CIVIL LAW SUBPOENA Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: including but not limited to, any and all medical records relating to James W. Deffenbaugh (DOB: 10/15/64- SS#: 208-38-6703) At: Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to appear or to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Barry A. Kronthal, Esquire ADDRESS: 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 SUPREME COURT ID# 55672 ATTORNEY FOR: Defendant BY THE COURT: Date: By: Seal of Court Prothonotary/Clerk, Civil Division JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC To: Keystone Spine Center 1521 Cedar Cliff Drive Camp Hill, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 CIVIL LAW SUBPOENA Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: including but not limited to, any and all medical records relating to James W. Deffenbaugh (DOB: 10/15/64- SS#: 208-38-6703) At Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to appear or to produce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Barry A. Kronthal, Esquire ADDRESS: 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 SUPREME COURT ID# 55672 ATT ORNEY FOR: Defendant BY TBE COURT: Date: By: Seal of Court Prothonotary/Clerk, Civil Division G? -u r CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Notice of Intent upon all counsel and parties of record this day of May, 2002, by placing same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Kenneth W. Lee, Esquire Tucker Arensberg & Swartz P.O. Box 889 Harrisburg, PA 17108-0889 By: Carol A. Moose 11 . CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas upon all counsel and parties of record this )4 day of May, 2002, by placing same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Kenneth W. Lee, Esquire Tucker Arensberg & Swartz P.O. Box 889 Harrisburg, PA 17108-0889 By: Carol A. Moose y_ • • r1 t( n' 3a PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) James W. Deffenbaugh and Louise A. Deffenbaugh (Plaintiff) VS. Boscov's Department Store, Inc. and Boscov's Department, LLC (Defendant) No. 6579 Civil Law 4ig 2001 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurer to complaint, etc.) : Preliminary Objections of Defendant, Boscov's Department.Store, Inc., to the Complaint of Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh 2. Identify counsel who will argue case: (a) for plaintiff: Address: (b) for defendant: Address: Ken Lee, Esquire 111 N. Front Street P.O. Boa 889 Harrisburg, PA 17108 Barry A. Kronthal, Esquire 3510 Trindle Road Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case bas been listed for argument. 4. Argument Court Date: Deted: 513 6r July 24, 2002 C, i ITI F, 17 16. JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BOSCOV'S DEPARTMENT STORE, INC. AND NO. 01-6579 CIVIL TERM BOSCOV'S DEPARTMENT, LLC. ORDER OF COURT AND NOW, July 24, 2002, by agreement of counsel, the above-captioned matter is continued from the July 24, 2002 Argument Court list. Counsel is directed to relist the case when ready. /Ken Lee, Esquire For the Plaintiff /Barry A. Kronthal, Esquire For the Defendant Court Administrator By the Court, /mAytv"k Ge ge o r 4n o? as-aa ? R?s Id ,o PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) James W. Deffenbaugh and Louise A. Deffenbaugh (Plaintiff) VS. Boscov's Department Store, Inc. and Boscov's Department, LLC (Defendant) No. 6579 Civil Law ipg 2001 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendant, Boscov's Department Store, Inc., to the Complaint of Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh 2. Identify counsel who will argue case: (a) for plaintiff: Address: (b) for defendant: Address: Ken Lee, Esquire 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 Barry A. Kronthal, Esquire 5510 Tr_indle Road Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argurnnt Court Date: October 23, 2002 'i?aw4utt..?r3-i. ms E'•vu3wYhr _ --:... ,< ?__ _ .,.. .. _.:. Mm ?? iilfr PXi T C? c.;?0 ? p JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, PLAINTIFFS V. BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6579 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. AND HESS, J. ORDER OF COURT AND NOW, this 1 day of November, 2002, IT IS ORDERED: (1) Plaintiffs' claim for punitive damages, IS STRICKEN. (2) All other preliminary objections of defendants to plaintiffs' complaint, ARE DISMISSED. /Kenneth W. Lee, Esquire For Plaintiffs /Barry A. Kronthal, Esquire For Defendants :sal r °? y C II-i3-oa "I t W l I E\T „?'i i _.. ?#f. °'?-eFi+' 3??ix -?£t$?k £W eye.ry.Y$'32`tY9.byei?r`'?84413-kH14$]'R'FR'r4'0? BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Attorneys for Facsimile: (717) 975-8124 Defendant, Boscov's E-Mail: bkronthal@margolisedelstein.com File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC To: James W. Deffenbaugh and Louise A. Deffenbaugh c/o Kenneth Lee, Esquire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 CIVIL LAW NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, BOSCOV'S DEPARTMENT STORE, INC. and BOSCOV'S DEPARTMENT STORE, LLC., within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: 3 Harrisburg, PA 17108-0932 717-975-8114 Attorney for Defendant Boscov's Department Store ID No. 55672 P.O. Box 932 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT STORE, LLC Attorneys for Defendant, Boscov's File#24200.4-00021 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 CIVIL LAW ANSWER WITH NEW MATTER OF DEFENDANTS BOSCOV'S DEPARTMENT STORE. INC. AND BOSCOV'S DEPARTMENT STORE, LLC. TO THE COMPLAINT OF PLAINTIFFS. JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH AND NOW, comes Defendants, Boscov's Department Store, Inc., and Boscov's Department Store, LLC, (collectively referred to as "Boscov's") by and through its counsel, Margolis Edelstein, and hereby files this Answer with New Matter to the Complaint of Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh (collectively referred to as "Plaintiffs"), averring the following in support thereof: ANSWER 1. Denied. After reasonable investigation, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. 2. Admitted. By way of further answer, the correct name is Boscov's Department Store, LLC. 3. Admitted. 4. Admitted. 5. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. H. Facts 6. The answers contained in Paragraphs 1 through 5 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 7. Admitted in part and denied in part. It is admitted that Boscov's is a department store and that the public enters its stores to purchase wares and merchandise, which Boscov's has in its stores. The remaining averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. 8. Admitted in part and denied in part. It is admitted that Boscov's conducts public advertising campaigns. The remaining averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. 9. Admitted in part and denied in part. It is admitted that Boscov's maintains surveillance equipment and security personnel upon its premises. The remaining averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. 10. Admitted. 11. Denied. It is specifically denied that Boscov's security took no action of whatsoever kind or character regarding the apprehension of Kenneth E. Cline on December 8, 1999. 12. Admitted in part and denied in part. It is admitted upon information and belief that on the morning of December 9, 1999, Plaintiff entered Boscov's. After reasonable investigation, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments regarding whether Plaintiff was with his mother, and what, if any, were Plaintiff's purposes for entering the store. Furthermore, the averments of this Paragraph regarding whether Plaintiff was a business invitee state a conclusion of law, to which no response is required and they are, therefore, denied. 13. Admitted in part and denied in part. It is admitted that on or about December 9, 1999, there were other persons shopping in Boscov's. The remaining averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments regarding what was the purpose of any other patrons on December 9, 1999. 14. Admitted in part and denied in part. It is admitted that at some time on December 9, 1999, Boscov's personnel observed Mr. Cline on the subject premises. It is specifically denied that said personnel observed Mr. Cline enter with wares or merchandise which Boscov's personnel had observed him remove from the premises on another date. 15. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's knew or had reason to know that Mr. Cline was a dangerous person or presented the potential to create a dangerous condition. Also, at all times relevant hereto, it is specifically denied that there was any potential to create a dangerous condition and/or that there was any dangerous condition present. Further, it is specifically denied that Boscov's failed to apprehend Mr. Cline, and/or attempt to apprehend Mr. Cline. It is admitted that Boscov's failed to prevent Mr. Cline's entry. However, it is specifically denied that Boscov's could reasonably do so and/or that Boscov's was under any duty to do so. Further, it is specifically denied that personnel permitted Plaintiff to traverse to the middle of the premises, up two (2) flights of stairs and to the merchandise exchange and/or refund desk. 16. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's personnel knew, or had reason to know, that on December 9, 1999, any attempt to apprehend Mr. Cline could place at jeopardy, the lives, safety, and health of any persons at Boscov's. Further, it is specifically denied that any apprehension placed at jeopardy, the lives, safety, and health of Plaintiff, and/or any other persons in Boscov's on the aforesaid date. Further, it is specifically denied that Boscov's personnel permitted Plaintiff to traverse to the middle of the premises, up two (2) flights of stairs and to the merchandise exchange and/or refund desk. 17. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's personnel permitted Mr. Cline to enter the premises on December 9, 1999, to traverse the premises to Boscov's merchandise exchange and/or refund desk, to provide Mr. Cline the opportunity to exchange the wares or merchandise he illegally took the previous day for money, and thereby permit Boscov's to have Mr. Cline charge with a higher grade of criminal defense than if Mr. Cline had been apprehended on December 8, 1999, or upon his immediate entry upon the premises on December 9, 1999. 18. Denied. It is specifically denied that when on December 9, 1999, Mr. Cline attempted to exchange for money the wares or merchandise that he illegally obtained the previous day, Boscov's personnel attempted to apprehend him for the purposes of a criminal arrest. 19. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that the attempt to apprehend Mr. Cline on December 9, 1999, was unsuccessful and that he fled from Boscov's merchandise exchange, back down the stairs, into the middle of the premises and amongst a large number of persons on the premises. 20. Denied. It is specifically denied that at any time on December 9, 1999, did Boscov's personnel request the assistance in the apprehension of Mr. Cline from any persons in Boscov's. 21. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that the arrest of Mr. Cline on December 9, 1999, was "violent" and/or resulted in the destruction of or damage to numerous items of wares or merchandise, and the destruction of, damage to, or the spilling or upheaval of the display cases and/or shelves upon which the destroyed or damaged wares or merchandise had been located. It is admitted, however, the Mr. Cline and a Boscov's employee fell into a display case, and damaged same. 22. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time on December 9, 1999, did any Boscov's personnel request any persons in Boscov's to assist in the apprehension of Mr. Cline. By way of further answer, after reasonable investigation, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph regarding what Plaintiff did and/or why, and the averments relating thereto are, therefore, denied. It is admitted that there was an impact between Plaintiff and Mr. Cline on the premises, near the courtesy desk. 23. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time on December 9, 1999, did Boscov's personnel request any persons in Boscov's to assist in the apprehension of Mr. Cline. Further, after reasonable investigation, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments regarding whether the alleged "collision" between Plaintiff and Mr. Cline could have been avoided, and the averments relating thereto are, therefore, denied. 24. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 25. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 26. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 27. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 28. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 29. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 30. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 31. Admitted in part and denied in part. It is admitted that Boscov's agreed to pay certain medical expenses for Plaintiffs. It is specifically denied that Boscov's agreed to pay said medical bills with no limitation as to time or amount. By way of further answer, the averments of this Paragraph regarding whether Plaintiff sustained injuries state a conclusion of law to which no response is required and they are, therefore, denied. Also, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph regarding whether Plaintiff sustained any injuries, and the averments relating thereto are, therefore, denied. By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to continue to paying said medical expenses of Plaintiffs. 32. Admitted in part and Denied in part. It is admitted that Boscov's paid certain medical expenses of Plaintiffs, until on or about February of 2001. The remaining averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to continue paying said medical expenses of Plaintiffs. III. Count One- Breach of Contract and Declaratory Judgment 33. The answers contained in Paragraphs I through 32 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 34. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to pay any medical expenses of Plaintiffs. 35. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Boscov's is without knowledge or information sufficient to form a belief as to the. truth of the averments of this Paragraph and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to pay any medical expenses of Plaintiffs. 36. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to pay any medical expenses of Plaintiffs. 37. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to pay any medical expenses of Plaintiffs. 38. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to pay any medical expenses of Plaintiffs. WHEREFORE, Defendants, Boscov's Department Store, Inc., and Boscov's Department Store, LLC, respectfully requests that a Judgment be entered in their favor and against Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, his wife, with costs assessed to Plaintiffs. IV. Count Two- Negligence 39. The answers contained in Paragraphs 1 through 38 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 40. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there ever a hazardous/dangerous condition present. 41. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there ever a hazardous/dangerous condition present. It is specifically denied that at any time relevant hereto, Boscov's, in any way, acted negligently and/or carelessly. On the contrary, at all times relevant hereto, Boscov's acted with due care and caution under the circumstances then existing. 42. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there ever a hazardous/dangerous condition present. 43. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that Boscov's, by itself and/or through its agents and/or employees, was negligent, reckless, and/or careless in any of the following manner: a. failing to properly supervise its agents and/or employees so that they would not create the dangerous condition; b. permitting the aforesaid Kenneth E. Cline to enter upon the Premises for the reasons stated herein; c. failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or prior to or immediately upon his re-entry onto the Premises on December 9, 1999; d. failing to have sufficient security or other personnel or law enforcement present so as to prevent the flight by the aforesaid Kenneth E. Cline; e. failing to properly supervise its agents and/or employees so that they would prevent the entry upon the Premises or the flight by the aforesaid Kenneth E. Cline; f. failing to apprehend and remove the aforesaid Kenneth E. Cline from the Premises before his flight and collision with Plaintiff, James W. Deffenbaugh; g. creating or allowing such a dangerous condition to exist on December 9, 1999; h. permitting a dangerous condition to exist when Boscov's knew, could have known, had reason to know or should have known that Plaintiff, James W. Deffenbaugh, or other like him would have subjected to the hazard or danger; i. failing to exercise control in such a manner so as to prevent the dangerous condition from existing or continuing; j. failing to properly train their agents and/or employees so as to prevent the occurrence of dangerous conditions, including the dangerous conditions, including the dangerous condition that caused Plaintiff, James W. Deffenbaugh's, injuries; k. failing to warn of the dangerous condition that existed; 1. failing to have adequate supervising personnel present on the day in question; and in. permitting its agents, employees or personnel to request assistance from Boscov's business invitees. By way of further answer, at all times relevant hereto, Boscov's acted with due care and caution under the circumstances then existing, and it is specifically denied that at any time relevant hereto, was there any hazardous or dangerous condition. 44. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition. 45. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition. 46. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition, and/or that Boscov's, in any way, acted negligently and/or carelessly. On the contrary, at all times, relevant hereto, Boscov's acted with due care and caution under the circumstances then existing. 47. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition that involved an unreasonable risk of harm. 48. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition. 49. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition, and/or that Boscov's, in any way, acted negligently and/or carelessly. On the contrary, at all times, relevant hereto, Boscov's acted with due care and caution under the circumstances then existing. WHEREFORE, Defendants, Boscov's Department Store, Inc., and Boscov's Department Store, LLC, respectfully requests that a Judgment be entered in their favor and against Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, his wife, with costs assessed to Plaintiffs. V. Count Three- Wanton and Willful Misconduct: Reckless Disregard of Safety 50. The answers contained in Paragraphs 1 through 49 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 51-53. Pursuant to Order of Court dated November 13, 2002, this Count has been stricken. WHEREFORE, Defendants, Boscov's Department Store, Inc., and Boscov's Department Store, LLC, respectfully requests that a Judgment be entered in their favor and against Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, his wife, with costs assessed to Plaintiffs. VI. Count Four- Loss of Consortium 54. The answers contained in Paragraphs 1 through 53 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 55. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. 56. Denied. The averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied. WHEREFORE, Defendants, Boscov's Department Store, Inc., and Boscov's Department Store, LLC, respectfully requests that a Judgment be entered in their favor and against Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, his wife, with costs assessed to Plaintiffs. NEW MATTER 57. The answers contained in Paragraphs 1 through 56 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 58. Plaintiffs' claims, if any, are barred by the applicable statute of limitations. 59. Plaintiffs' claims, if any, are barred by the doctrines of contributory and comparative negligence and assumption of the risk. 60. Plaintiffs have failed to state any claims upon which relief can be granted. 61. Plaintiffs' claims, if any, are barred by their failure to mitigate their damages. 62. Plaintiffs' injuries and/or damages, if any, were proximately and directly caused by the negligent, careless and/or reckless conduct of persons and/or entities over whom Boscov's had no control and for whom Boscov's is not legally or otherwise responsible. 63. To the extent that there was a hazardous or dangerous condition, which is specifically denied, then Boscov's did not have notice or have reason to have notice of said condition. 64. It is specifically denied that Plaintiff, James W. Deffenbaugh, was a business invitee. 65. Plaintiffs' claims, if any, were solely, directly and/or proximately caused by Plaintiffs' own negligence, reckless and/or careless conduct. 66. Plaintiffs' claims, if any, are barred by the doctrine of laches. 67. Boscov's neither owed, nor breached, any duty to Plaintiff, whether in contract or tort, and never failed to adhere to any standards, obligations and/or responsibilities. 68. Plaintiffs may be barred in whole or in part from recovery because they have made statements or taken actions which constitute a waiver of their claims. 69. Plaintiffs' claims, if any, are barred by the doctrines of accord and satisfaction. 70. Plaintiffs' claims, if any, are barred on the ground that Boscov's has discharged its obligations to Plaintiffs. 71. Plaintiffs' claims, if any, are barred by the failure of consideration. 72. Plaintiffs' claims, if any, are barred by the doctrine of justification. 73. Plaintiff has an adequate remedy at law. 74. Plaintiff has "unclean hands." 75. Boscov's reserves the right to assert any and all affirmative defenses that it may learn through further discovery and investigation. 76. Plaintiffs' claims, if any, are barred by their failure to plead a dangerous condition. 77. Plaintiffs' claims, if any, are barred and/or limited by any pre-existing medical condition or condition suffered by Plaintiffs. 78. At all times relevant hereto, Boscov's acted with due care and caution under the circumstances then existing. WHEREFORE, Defendant, Boscov's Department Store, Inc., and Boscov's Department Store, LLC, respectfully requests that a Judgment be entered in its favor and against Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, his wife, with costs assessed to Plaintiffs. Respectfully submitted, Date: Harrisburg, PA 17108-0932 717-975-8114 Attorney for Defendant Boscov's Department Store P.O. Box 932 VERIFICATION I, Barry Kronthal, have read the foregoing Answer with New Matter. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this Verification on behalf of my client. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Date: 101301 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this 31 day of O, 2003, served a true and correct copy of the foregoing Answer and New Matter upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Kenneth Lee, Esquire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN By: Carol Moose D:\1 Travelers\24200.4.00021\PleadingsWnswer with New Matter. 1-1 3-03.wpd C) O p mCIf ;rte x w Om cn GINA L. ISRAELOFF, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. COLLEEN DORSEY, DEFENDANT 02-0094 CIVIL TERM ORDER OF COURT AND NOW, this :;71A -day of November, 2003, IT IS ORDERED that a civil bench trial will be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Monday, December 22, 2003. By the Edgar B. Bayley, J. Kimberly M. Colonna, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Plaintiff Mark C. Duffie, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 For Defendant 0 ` Court Administrator rv(-Nil :sal l . dL; Cr' `?1 PAY {} "' ,- -F 7 03 H.G%l -3 PA 2 00 P?NNSYLVRNiA . gp}4&+,'?`5?.=a W :.:pn{.F e,B'?„??Tfi£'W. ?A1Ri.£:5cer.?P ?f'YWy?.•;a". ?¢. ,. BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V Attorneys for Defendant, Boscov's File#24200.4-00021 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC. CIVIL LAW AND BOSCOV'S DEPARTMENT, LLC JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly substitute the Vertification of Jack H. Roach, Jr. to the Answer and New Matter of Defendants, Boscov's Department Stores, hie., and Boscov's Department, LLC, filed on or about November 3, 2003, in the above-captioned matter. Respectfully submitted, MARGOLIS EDELSTEIN Date: 6 Harrisburg, PA 17108-0932 717-975-8114 Attorney for Defendants P.O. Box 932 '.W IL VERIFICATION I Jack Roach, Jr., hereby verify that I am the Vice President., Director of Risk Management for Boscov's Department Store, LLC., defendant in this action, and as such I am authorized to make this verification on its behalf, and that the facts set forth in the foregoing Answer with New Matter pursuant to PA. R.C.P. 2252(d) of Defendant Boscov's Department Store, LLC to Plaintiff's Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Answer is that of counsel and not of the undersigned. The undersigned verifies that he has read the attached Pleading and that it is true and correct to the best of his information and belief to the extent that the contents of the Answers are that of counsel and the undersigned has relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: / S? Boscov's Dep rtme Store, LLC. J ck H. Roach, Jr. ice President, Director of Risk Management it CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this a day of )4AUV2 04, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service by First Class Mail. Postage Prepaid, Addressed as Follows Kenneth Lee, Esquire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN By: Carol Moose DA1 Tm+elers\24200.4-00021T1eadings\Praecipe to Substitute Verification.1-e-04.wpd t :, f^+J T -11 :.1 J PV v7 ? It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE LLC, No. 2001-6579 PLAINTIFFS' REPLY TO NEW MATTER Defendants. Filed on behalf of Plaintiffs, James W. and Louise A. Deffenbaugh,Defendants. Counsel of Record for This Party: TUCKER ARENSBERG, P.C. Kenneth W. Lee PA I.D. No. 50016 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 .r IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, Plaintiffs, v No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC and BOSCOV'S DEPARTMENT, LLC, Defendants. : CIVIL LAW PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes plaintiffs, James W. and Louise A. Deffenbaug,h, by and through their attorneys, who file this Reply To New Matter and in support thereof state: 1. Plaintiffs are advised that no response to paragraph 57 of defendants' New Matter is required in that defendants have incorporated paragraphs 1 through 56 of their Answer. 2. Plaintiffs are advised that the averments in paragraph 58 of defendants' New Matter constitute a conclusion of law to which no response is required. 3. Plaintiffs are advised that the averments in paragraph 59 of defendants' New Matter constitute a conclusion of law to which no response is required. 4. Plaintiffs are advised that the averments in paragraph 60 of defendants' New Matter constitute a conclusion of law to which no response is required. 5. Plaintiffs are advised that the averments in paragraph 61 of defendants' New Matter constitute a conclusion of law to which no response is required. 6. Plaintiffs are advised that the averments in paragraph 62 of defendants' New Matter constitute a conclusion of law to which no response is required. 7. Plaintiffs are advised that the averments in paragraph 63 of defendants' New Matter constitute a conclusion of law to which no response is required. 8. Plaintiffs are advised that the averments in paragraph 64 of defendants' New Matter constitute a conclusion of law to which no response is required. 9. Plaintiffs are advised that the averments in paragraph 65 of defendants' New Matter constitute a conclusion of law to which no response is required. 10. Plaintiffs are advised that the averments in paragraph 66 of defendants' New Matter constitute a conclusion of law to which no response is required. 11. Plaintiffs are advised that the averments in paragraph 67 of defendants' New Matter constitute a conclusion of law to which no response is required. 12. Plaintiffs are advised that the averments in paragraph 68 of defendants' New Matter constitute a conclusion of law to which no response is required. 13. Plaintiffs are advised that the averments in paragraph 69 of defendants' New Matter constitute a conclusion of law to which no response is required. 14. Plaintiffs are advised that the averments in paragraph 70 of defendants' New Matter constitute a conclusion of law to which no response is required. 15. Plaintiffs are advised that the averments in paragraph 71 of defendants' New Matter constitute a conclusion of law to which no response is required. 16. Plaintiffs are advised that the averments in paragraph 72 of defendants' New Matter constitute a conclusion of law to which no response is required. -2- .+ 17. Plaintiffs are advised that the averments in paragraph 73 of defendants' New Matter constitute a conclusion of law to which no response is required. 18. Plaintiffs are advised that the averments in paragraph 74 of defendants' New Matter constitute a conclusion of law to which no response is required. 19. Plaintiffs are advised that the averments in paragraph 75 of defendants' New Matter constitute a conclusion of law to which no response is required. 20. Plaintiffs are advised that the averments in paragraph 76 of defendants' New Matter constitute a conclusion of law to which no response is required. 21. Plaintiffs are advised that the averments in paragraph 77 of defendants' New Matter constitute a conclusion of law to which no response is required. 22. Plaintiffs are advised that the averments in paragraph 78 of defendants' New Matter constitute a conclusion of law to which no response is required. WHEREFORE, plaintiffs, James W. and Louise A. Deffenbaugh demand judgment against defendants as requested in the Complaint. ARENSBERG, P.C. Kenneth W. Lee PA. I.D. no. 50016 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH -3- ?J VERIFICATION AND NOW, comes James W. Deffenbaugh, and verifies that the facts contained in the foregoing Plaintiffs' Reply To New Matter are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which he does not believe to be true. I?6#f -- James W. Deffenbaugh -4- VERIFICATION AND NOW, comes Louise A. Deffenbaugh, and verifies that the facts contained in the foregoing Plaintiffs' Reply To New Matter are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which she does not believe to be true. Louise A. Deffenbaugh -5- CERTIFICATE SERVICE I hereby certify that the original of the foregoing Plaintiffs' Reply To New Matter was served this /P(-, day of May, 2004, upon all parties or their counsel via U.S. Mail, First Class, Postage prepaid and addressed as follows: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Kenneth W. Lee 68350.1 -6- ENV C.:•+. ,..oi aS„SJN- 6Fffii"$S; .. -FY..3`er"6w`t3!xs3'ID&N3.53r139K"S •®.b._', i. n n? v w 1 co ?S 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH -VS- BOSCOV'S DEPARTMENT STORE ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2001-6579 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 l/BARRY KRONTHAL, ESQ. Attorney for DEFENDANT DE11-623347 1 7 7 1 9- L 0 1 COMMONWEALTH OF, P E NN S Y T1V2N-N 2 A COUNTY OP CUMBER LAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKE2US AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) T0: KENNETH LEE, ESQ „ PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C 0 1 V I , ' V". >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT k FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 3-77:L 9-CO 1 I t 1-* COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SCHEIN ERNST EYE ASSOC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Grot1l}. Inc.- 1601 Market Street- Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 11y2006 Date: fYT i?2, t L BY THE COURT: /I Proth notaary Ci 1 Division Deputy Seal of the Court . N -. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCHEIN ERNST EYE ASSOC 2509 N. FRONT STREET HARRISBURG, PA 17110 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees is excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 11/20/00 TO PRESENT. Subject : JAMES W. DEFFENBAUGH 446 S'HU ER ROAD, ETTERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth. 10-15-1964 SU10-616172 3-7 7 1 9- L O 1 I . It CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 Ar/tAiRR A. KRONTHAL, ESQ. rney for DEFENDANT DE11-623348 1 7 7 1 9- L O 2 I . I C O M M O N W E AL T H OF P E NN S Y L VAN 2 A COUNTY OF CUMBER LAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 3_773-9-C03- I . c . >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 7 1 9- C O 1 V. ! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH VS. BOSCOV'S DEPARTMENT STORE File No. 2001-6579 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MAGNETIC IMAGING CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCC Groilp. Inc.. 1601 Market Street, Suite 500. PhiladelDhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Mff 0 12006 ??tt ?DU17 Date: BY 7OURT: Proth notary/ Ci ivision Deputy Seal of the Court I . t . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MAGNETIC IMAGING CENTER 4665 TRINDLE ROAD CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 2/27/01 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX RX-6703 Date of Birth: 10-15-1964 SU10-616174 1 7 7 1 9- L 0 2 I , ? . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAMES DEFFENBAUGH 6, LOUISE DEFFENBAUGH -VS- BOSCOV'S DEPARTMENT STORE ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2001-6579 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 be h?L ?. KRONTHAL, ESQ. Attorney for DEFENDANT DE11-623349 177 1 9- L O 3 x , e COMMONWEALTH OF' P E NN S Y LVAN T A C O U1V T Y OH CUMBER LAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact HARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9-CO 1 , , r , >>> LOCATION LIST <<< LOCATION NAME SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP RECORDS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS PAGE: RECORDS DE02-329350 1 7 7 1 9-CO 1 ,w. . r . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERCOL ACRI. D.C. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Gw=. Inc.. 1601 Market Street Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 1 2006 Date: - apt2A. ;266L BY THE- URT: Proth otary/ ivil Di ion Deputy Seal of the Court V EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERCOL ACRI, D.C. 202 NORTH FREDERICK ST. MECHANICSBURG, PA 17055 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 10/11/00 TO PRESENT. Subject : JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SU10-616460 1 7 7 1 9- L O 3 A4 `.Yie'b?.:a T . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE N0: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 BAR. KRONTHAL, ESQ. Att rney for DEFENDANT DE11-623350 1 7 7 1 9-T,0 4 r. C O MM O NW E AL E H OF P E WW S Y L VAN = A C O UM T Y OF C UM S E R LAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE TO SERVE A SUBPOENA TO PRODUCE [ Note: see enclosed list of locations ) TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 3-9- C O 1 Z" . >>> LOCATION LIST <<< PAGE LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC OTHER MAGNETIC IMAGING CENTER OTHER ERCOL ACRI, D.C. OTHER KEYSTONE SPINE CENTER OTHER ORTHOPAEDIC INSTITUTE OF PA OTHER HOLY SPIRIT HOSPITAL OTHER HOLY SPIRIT HOSPITAL OTHER STYNCHULA CHIROPRACTIC CTR. OTHER WAL-MART LITIGATION SUPPORT PRESCRIPTION/PH TAMDOT HOMECARE OF HARRISBURG MEDICAL RECORDS CAMP HILL FIRE CO. OTHER PRIMERICA FINANCIAL SERVICES EMPLOYMENT ENT & FACIAL PLASTIC SURGERY MEDICAL RECORDS KWAN WON, M.D. MEDICAL RECORDS KRISTEN KERR, D.C. MEDICAL RECORDS DR. RICHARD SELDOW MEDICAL RBCORDS HERITAGE MEDICAL GROUP MEDICAL RECORDS & BILLING RECORDS DE02-329350 1-7 7 1 9-CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH VS. File No. 2001-6579 BOSCOV'S DEPARTMENT STORE TO: Custodian of Records for KEYSTONE SPINE CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The CS Ca=, Inc 1601 Market Street. Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRMLE ROAD CAMP HILL. PA 17011 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY/ 12006 Date: ? -1 (. ?l) r! BY THE URT: r ProthonotaryI tvil Sion Deputy Seal of the Court i EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CENTER 1521 CEDAR CLIFF ROAD CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 2/18/02 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX XR-6703 Date of Birth: 10-15-1964 SU10-616178 3-773-9-T,04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH -VS- BOSCOV'S DEPARTMENT STORE COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2001-6579 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 AC behal ItRY KRONTHAL, ESQ. 1 /J Att rney for DEFENDANT DE11-623351 1 7 7 1 9- L 0 5 COMMONWEALTH OF P E XW S Y LVAN 2 A COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOW S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from.the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C 0 1 F s >>> LOCATION LIST <<< PAGE: LOCATION NAME SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 7 1 9-COIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH VS. BOSCOV'S DEPARTMENT STORE File No. 2001-6579 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPAEDIC INSTITiTTE OF PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groin. Inc.- 1601 Market Street, Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD _CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 1 2006 Date: Pet ~l a6bL BY THE COURT: Prothot otary/7 ivil D' Sion Deputy Seal of the Court ?. EXPLANAITON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL AND RADIOLOGY RECORDS FROM 11/20/01 TO PRESENT. Subject : JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security f/: XXX XX-6703 Date of Birth: 10-15-1964 SU10-616180 3-773-9-1,05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA N PURSUANT TO RULE 4009.22 a IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -vs- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:-05/0112006 %BARR behaloKRONTHAL, ESQ. Attorney for DEFENDANT DE11-623352 1-771-9-T,06 COMMONWEALTH OP P E NN S Y L VAN T A COUNTY OH C UMBER LAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH 6 LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMMUS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTRAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9-CO I- >>> LOCATION LIST <<< PAGE LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 7:L 9-CO 1 i . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS GE=. Inc.. 1601 Market Street. Suite 800. Philadephia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: 2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant A) MAY 0 1 2006 Date: ) ?nD? BY THE COURT: Prothoi otary/oM ivil 'sion Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 3/1/02 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XIS XX-6703 Date of Birth: 10-15-1964 SU10-616182 1 7 7 1 9- 1, 0 6 . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA %// PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 ?IMR6 beha KRONTHAL, ESQ. At orney for DEFENDAN DE11-623353 1 7 7 1 9- L 0 7 COMMONWEALTH OP P E NN S Y L VANS A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations I TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 3_771-9-C03- >>> LOCATION LIST <<< PAGE LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT i FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 7 1 9-CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH VS. BOSCOV'S DEPARTMENT STORE File No. 2001-6579 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M .r=. Inc. 1601 Market Street. Suite 800. Philade ia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HII J,, PA 17011 TELEPHONE: (2_15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 1 2006 Date: I BY COURT: Prothonotary/S,ler1., ivil D' 'sion Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RADIOLOGY RECORDS FROM 3/1/02 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 DS ate ofSntuh: 10 1964 -6703 SU10-616184 1 7 7 1 9- L 0 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 dip IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH 6, LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE N0: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:-05/01/2006 ??C n beha?`? BARR KRONTHAL, ESQ. At orney for DEFENDANT DE11-623354 1 7 7 1 9- 1.0 8 C O MM O NW E AL T H OP P E WW S Y L VANS A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENEAUGH TERM, -VS- CASE N0: 2001-6579 BOSCOW S DEPARTMENT STORE NOTICE OF IM'MT TO SERVE A SUBPOENA TO PRODUCE DOC'UKEOUS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C 0 1 >>> LOCATION LIST <<< PAGE LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 3L 7 7 1 9- C O 3L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH VS. BOSCOV'S DEPARTMENT STORE File No. 2001-6579 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for STYNCHULA CHIROPRACTIC CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Ciroil}l. Inc.. 1601 Market Street. Suite 800_ Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant n yr 0 ii 2006 Date: N1A_I !. Seal of the Court BY THE C URT: Protho tary/C1erk?Cr I Divisi Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STYNCHULA CHIROPRACTIC CTR. 3690 VARTAN WAY HARRISBURG, PA 17110 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for bospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 3/16/01 TO PRESENT. Subject : JAMES W. DEFFENBAUGH 446 SHUT ER ROAD, ETTERS, PA 17319 Social Security #: XXX XR-6703 Date of Birth: 10-15-1964 SU10-616186 17719 -LO 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ®/?/p {J PURSUANT TO RULE 4009.22 ®A//?s?d'^' IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH 6, LOUISE DEFFENBAUGH TERM, CUMBERLAND -vs- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 MCS ? bhald???????F BAR KRONTHAL, ESQ. At orney for DEFENDANT DE11-623355 1 7 7 1 9- 1, 0 9 C O MM O NW E AL T H OF P E NN S Y L VAN S A COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 30SCOVIS DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO. KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty dap notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9-CO I- >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 -73- 9-CO X COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH VS. File No. 2001-6579 BOSCOV'S DEPARTMENT STORE TO: Custodian of Records for WAL-MART LTTIGATION SUPPORT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS rrotlp. Inc.. 1601 Market Street, Suite 800. Philadelphia- PA 1 103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 1 2006 BY THE COURT: 64 Prothono ary/Cler Divis' ??? Deputy Date: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WAIrMART LITIGATION SUPPORT ATTN: JENNIFER JENKINS 702 S.W. 8TH STREET BENTONVILLE, AR 727160215 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. PHARMACY LOCATION: 6520 CARLISLE PIKE, MECHANICSBURG, PA, 17055. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire prescription and/or pharmaceutical file, including but not limited to any and all records, reports, correspondence, memoranda, complete history and payment records, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security A XXX-XX-6703 Date of Birth: 10-15-1964 SU10-616188 1 7 73 9- L 0 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ®® PURSUANT TO RULE 4009.22 ORIG W IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -v5- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena - attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 n behaG7l?-? ARR At orney for DEFENDANT DE11-623356 1 7 7 1 9- L 1 0 COMMONWEALTH OF P E NN S Y LVAN = A COUNTY OF C UMBER LAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ) TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact HARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C O 1 i?n£ffiA' >>> LOCATION LIST «< PAGE: LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC OTHER MAGNETIC IMAGING CENTER OTHER ERCOL ACRI, D.C. OTHER KEYSTONE SPINE CENTER OTHER ORTHOPAEDIC INSTITUTE OF PA OTHER HOLY SPIRIT HOSPITAL OTHER HOLY SPIRIT HOSPITAL OTHER STYNCHULA CHIROPRACTIC CTR. OTHER WAL-MART LITIGATION SUPPORT PRESCRIPTION/PH TAMDOT HOMECARE OF HARRISBURG MEDICAL RECORDS CAMP HILL FIRE CO. OTHER PRIMERICA FINANCIAL SERVICES EMPLOYMENT ENT & FACIAL PLASTIC SURGERY MEDICAL RECORDS RWAN WON, M.D. MEDICAL RECORDS KRISTEN KERR, D.C. MEDICAL RECORDS DR. RICHARD SELDOW MEDICAL RECORDS HERITAGE MEDICAL GROUP MEDICAL RECORDS & BILLING RECORDS DE02-329350 I-773-9-C03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE TO: Custodian of Records for TAMDOT HOMECARE OF HARRISBURG (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The'MCS Cc= Inc 1601 Market Street Suite 800, Philadelnlhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 1 2006 Date: 1 7 t I c D66L BYTHE T:? U Protho otary/Cle vil Di Sion Deputy Seal of the Court , EXPLANATgON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TAMDOT HOMECARE OF HARRISBURG 1011 MARKET STREET LEMOYNE, PA 17043 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SU10-616190 1 7 7 1 9- L 1 0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGIN L IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -vs- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 ha2^6+?? BARRY KRONTHAL, ESQ. Att ney for DEFENDANT DE11-623357 1 7 7 1 9- 1, 1 1 C O MM O WW E AL T H OF COUNTY OF IN THE MATTER OF: JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH -VS- BOSCOW S DEPARTMENT STORE COURT OF COMMON PLEAS TERM, CASE NO: 2001-6579 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMMTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact PMWWSYLVAwT74 CUMBER LAN I3 BARRY A. KRONTBAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C O 1 >>> LOCATION LIST <<< LOCATION NAME RECORDS PAGE: 1 SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 77X 9-CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAMP HILL FIRE 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 documents or things: ****SEE ATTACHED RIDER**** at The MCS Grog Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Proth otaryl ivil Di sion M Y O 'L/006 Deputy Date: 'IIL( 1. C?0'0" 4 Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAMP HILL FIRE CO. DEPT OF EMS 2198 WALNUT STREET CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS FROM 12/9/99 TO PRESENT. Subject : JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security it: XXX-XX-6703 Date of Birth: 10-15-1964 SU10-616462 1 7 7 1 9- L 1 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. RRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 MCS ehalf o??? ?%?%/_ // /B RRYG CRONTHAL, ESQ. Attor ey for DEFENDANT DEII-623358 3-7 7 1 9- 1, 1 2 C O MM O NW E AL T H OF P E WW S Y L VANS A COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) T0: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C O 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. - KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 7 1 9-CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE SUBPOgNA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PRIMERICA FINANCIAL SERVICES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Groun Inc.. 160 Market Street. Suite 500. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KR NTHAL ES ADDRESS: 3510 TRINDLE ROAD CAMP HILL. P 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Protho otary/9 l ' Dn 20 ,lCa? ?l ePutY Date: 0i.?Y ®/? D Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PRIMIItICA FINANCIAL SERVICES 110 3RD STREET SUITE 100 NEW CUMBERLAND, PA 17070 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SII10-616194 1 7 7 1 9- L 1 2 i CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01(2006 ???? half BARRY KRONTHAL, ESQ. Att rney for DEFENDANT DE11-623359 1 7 7 1 9- L 1-3 COMMONWEAL Z'H OP P E NN S Y LVAN M21_ COUNTY OF' CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSMkNT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 CC: BARRY A. KRONTBAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C O 1 >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT k FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS _ MEDICAL RECORDS DE02-329350 1 7 7 1 9- C O 3. . I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ENT & FACIAL PLASTIC SURGERY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street- Suite 800 Philadlnhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ES ADDRESS: x510 TRINDLE ROAD_ CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MIRY 0 12006 Date: Z2 BY THE COURT: Prothq otary/Cle 1 ? l Divi n Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ENT & FACIAL PLASTIC SURGERY 1857 CENTER STREET CAMP HILL, PA RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including 00-99-9999. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX XX-6703 Date of Birth: 10-15-1964 SU10-616196 1 7 7 1 9-T,3- 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA /?? PURSUANT TO RULE 4009.22 ®?/7J GI IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENHAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -v5- CASE NO: 2001-6579 BOSCOW S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 behal ARRY KRONTHAL, ESQ. Att rney for DEFENDANT DE11-623360 1 7 7 1 9- 1, 1 4 COMMONWEALTH OP P E NN S Y L VAN T A COUNTY OP CUMBER LAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE OF INTENT TO SERVE A SUBPOEWA TO PRODUCE THINGS FOR DISCOVERY PURSUANT TO RULE 4 [ Note: see enclosed list of locations ] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9-CO T >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 7 1 9-CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KWAN WON (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MC ,roan. Inc.. 1601 Market Street. Suite 800. Philadelphia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 1 2006 Date: 2 t r Seal of the Court BY THE CProthon /Clerk r ivi on Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KWAN WON, M.D. 3810 TRINDLE ROAD CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and ph sical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, EWERS, PA 17319 Social Security J: XXX-XX-6703 Date of Birth: 10-15-1964 SUIO-616198 1 7 7 1 9- 1.1.4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ®17G/N141 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least - twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 behalf l BARRY KRONTHAL, ESQ. Att rney for DEFENDANT DE11-623361 1 7 7 1 9- L ]. 5 C O M M O NW E AL T H OF P E NN S Y L VANS A COUNTY OF C UM E3 E R LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 30SCOVIS DEPARTMENT STORE [ Note: see enclosed list of locations ] T0: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C 0 1 >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL.SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RBCORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 7 1 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KRISTEN KERR. D.C. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:_ ****SEE ATTACHED RIDER**** at The MCS Ciw= Inc 1601 Market Street Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESQ ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: 7 Protho /Cler , 1? 1 ivi in MAY 0 1 2006 Date: ??[?an?)L Deputy n ? Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KRISTEN KERR, D.C. 4940 RITTER ROAD MECHANICSBURG, PA 17055 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested. up to and including the present. Subject : JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security A': XXX-XX-6703 Date of Birth: 10-15-1964 SU10-616200 1 7 7 1 9- L 1 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORGINIV IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 ?//Mbeha ?? A R KRONTHAL, ESQ. A orney for DEFENDANT DE11-623362 1 77 1 9- L 1 6 „ COMMONWEALTH OH P E NN S Y L VAN T A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE N0: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMRNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] T0: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9-CO 1 N I , 4 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT.HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES BNT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 3-773-9-COX COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 VS. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. RICHARD SELDOW (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Groun Inc.. 1601 Market Street Suite 800_ Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: X151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 12906 URT: BY THE O R, A Prot]} not ivtl Di ' on Date: 2 1 ( /l t, 206L Deputy Seal of the Court . , EXPLANATION OF REQUIRED TO: CUSTODIAN OF RECORDS FOR: DR. RICHARD SELDOW 431 BRIDGE STREET NEW CUMBERLAND, PA 17070 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMES W. DEFFENBAUGH 446 SHULER ROAD, EWERS, PA 17319 Social Security #: IME-XX-6703 Date of Birth: 10-15-1964 SU10-616202 1 7 7 1 9- L 1 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA M119/N141 PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 // behalf vM/?/S BARRY KR09ESQ. Attorney for DEFENDANT DE11-623363 1 7 7 1 9- L 1 7 . K C O MM O NW EAL T H OF, P E NN S Y LVAN = A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOMM TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 1 7 7 1 9- C 0 11 l .: >>> LOCATION LIST a« PAGE: LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 1 7 7 1 9-CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH VS. BOSCOV'S DEPARTMENT STORE File No. 2001-6579 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERITAGE MEDICAL GROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group, Inc 1601 Market Street Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 0 1 2006 Date: 72t l ?XZ? BY THE OURT: Proth otary/C roil Div' ion Deputy Seal of the Court M • I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERITAGE MEDICAL GROUP 207 HOUSE AVENUE SUITE 101 CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested. up to and including the present. Subject : JAMES W. DFFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX XX-6703 Date of Birth: 10-15-1964 SU10 416204 1 7 7 1 9- L 1-7 r W rl ? i-) i=? BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V BOSCOV'S DEPARTMENT STORE, INC AND BOSCOV' S DEPARTMENT, LLC CIVIL LAW NOTICE OF CHAPTER 11 CASE AND OF AUTOMATIC STAY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: PLEASE TAKE NOTICE THAT on August 4, 2008, (the "Petition Date"), Boscov's Department Store, LLC, ( "Debtor"), a Defendant in the above-captioned action, and its affiliated entities, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code with the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") administered under Case No. 08-11637-KG. In accordance with the automatic stay provisions of Section 362 of the Bankruptcy Code, the above-captioned lawsuit, which seeks to recover a claim against Debtor which arose before the Petition Date, is stayed and cannot be prosecuted, nor can any judgment be rendered or enforced against the Debtor, absent an order of the Bankruptcy COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6579 Court granting the Plaintiff relief from the automatic stay. w DATE: k115 os> NV ELSTEIN By: Bl, Esquire A 72 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Defendant .. l u ? 400 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day of 2008, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service by First Class Mail Postage Prepaid Addressed as Follows: Kenneth Lee, Esquire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN .? By: 6-?a Carol Moose M:Vndir\l Travelers\24200.4-00021 - Deffenbaugh v. Bosco lotice of Chapter 11.8-08-08.wpd t _. k?o 1n. avid 1D. Bueff Prothonotary KirkS. Sohonage, ESQ. Soricitor f _ J Renee X Simpson I'` Deputy Prothonotary Irene E. Morrow 2"- Deputy Prothonotary Office of the Trothonotary Cumberland County, 1Tennsylvania n! - (oS ! Q CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 0 CarCdsle, PA 17013 e (717 240-6195 • (Fa:C (717) 240-6573