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HomeMy WebLinkAbout99-02980 4 I V iI L f STATE OF PENNSYLVANIA LORRAINE SECRIST and IN THE H_ DAVID SECRIST, her husband, /? /? OW* r plaintiffs ........... Tvart of Tatrut it v1pas of CUMBERLAND COUNTY vs. CV$. PIIARMACYi..INC..e .............. OF .......................................... Term, 19........ Defendant. . ................................................................ PRAECIPE FOR SUMMONS ISSUE ...... .A.YKT..QF......... Summons in 5kK)98(jazDW ...a.ciuiL.action.. To the Prothonotary of said County. • ................... Plaintiff's Attorney. Edward M. Brennan, Esquire Atty. I.D. No. 38770 sP G'9` Z (137 ? jttir?? ?rzCc? . ( LV 5 ? riJc? IAj ckNis 4ef h ° n? ' L i.?.. m j to E C d o iz f M M L4 N 4a4 HN : H : U? ~' ?. aC y ^ 34 r: S LL. H...D?vi.d..SPcxi.St.... .......... _._.... ........ ........ ....... ............... .._. .... ....... .... ... .......... _ .........,.... ........... ?tuMntS hivem . . mmeoad.jpAinc.... ®ciuil action..- -,LA against which you on nQuird to Mend, or a default N=8eoc mq be toeted allaioK ?ML t_' . c1,ti ..? ' a q .b G w rop O? A W r 4 N 4 p+ A ^ > E z V ] aa. H . F•-f U: °' d S x z z O N N 7 N I W u O ca (1) GG W m CY) C, v vo0.l 5 rn Wu) cri r3°- ° .-iWa EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street, Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID SECRIST, her husband, Plaintiffs VS. CVS PHARMACY, Defendant : No. 99-2980 : JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Albert J. Ryan, do hereby accept service of the Complaint on behalf of the Defendant I in lieu of service under Pa.R.C.P. 400. i G z ?? Dated: i /`, /y^ J ALgEjZt J. RYAN i-; -; b W 5 z 3 p .C 4 ` fl w p 8 14 .u v > t o "C w Z m q ° CO CO a Zm O NN 0 a H ¢ HH o W awu1 W u? g m "" 8 N W Oho O U O oN - " ? 114 Q H M s z Q W EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST No. 99-2980 and H. DAVID SECRIST, her husband, Plaintiffs vs. CVS PHARMACY, Defendant JURY TRIAL DEMANDED NOTICE 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 :citing 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 Plaintiffs. 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. Court Administrator. 4th Floor Cumberland County Courthouse Carlisle. PA 17013 (717) 240-6200 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID SECRIST, her husband, Plaintiffs vs. CVS PHARMACY, Defendant No, 99-2980 JURY TRIAL DEMANDED COMPLAINT The Plaintiffs, Lorraine Secrist and H. David Secrist, her husband, by and through their attorney, Edward M. Brennan, Esquire, claim damages of the Defendant in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars upon a cause of action of which the following is a statement: 1. Plaintiff, Lorraine Secrist, is an adult individual and a citizen of the Commonwealth of Pennsylvania residing at 1137 Brockton Circle, New Cumberland, Pennsylvania 17070. 2. Plaintiff, H. David Secrist, is an adult individual and a citizen of the Commonwealth of Pennsylvania residing at 1137 Brockton Circle, New Cumberland, Pennsylvania 17070. 3. At all times material hereto, plaintiffs were and have been husband and wife 4. Defendant, CVS Pharmacy, is a corporation duly incorporated under the laws of Rhode Island with its principal place of business at One CVS Drive, Woonsocket, Rhode Island, 02895. 5. Defendant, CVS Pharmacy, is a corporation which operates a pharmacy in Carlisle, Cumberland County, Pennsylvania. 6. At all times herein mentioned, Defendant was a licensed pharmacy in Carlisle, Pennsylvania and represented itself to be a competent and skillful Pharmaceutical Company able to properly compound medicines in accordance with prescriptions of physicians. 7. On or about June 30, 1997, Plaintiff, Lorraine Secrist, employed Defendant for consideration of $1.00 paid to Defendant to repair and compound medicine for Plaintiff, Lorraine Secrist, in accordance with the prescription given to Plaintiff by Dr. Greg Lewis, a duly licensed physician in Carlisle, Pennsylvania. 8. Dr. Greg Lewis prescribed Synthroid at 0.125 mtg. daily for Plaintiff. 9. Defendant, CVS Pharmacy, instead of filling the prescription for Synthroid at 0.125 mg. filled the prescription for Llanoxin at 0.125 mg. 10. On or about June 30, 1997 until July 19, 1997, Plaintiff, Lorraine Secrist, took 0.125 mg. of Llanoxin instead of the prescribed 0.125 mg. of Synthroid. 11. The negligence of Defendant, CVS Pharmacy, consisted of the following: a. Prescribing 0.125 mg. of Llanoxin instead of 0.125 mg. of Synthroid; b. Failing to till the correct prescription; 2 C. Failure to exercise due care in filling the prescription al'Plaintiff, Lorraine Secrist; and d. Failing to detect that the wrong prescription was filled. COUNT Lorraine Secrist vs. CVS Pharmacy 12. The allegations contained in Paragraphs I through I I above are incorporated herein as though set forth at length. 13. As a result of the negligence of Defendant as afirresaid, Plaintiff, Lorraine Secrist, suffered several injuries which include, but are not limited to, fatigue, weight gain, double vision, generalized swelling and ;In aggravation of an under active thyroid gland. 14. That as a result of the aforesaid negligence of Defendant, Plaintiff, Lorraine Secrist, has in the past suffered and will continue to suilcr excruciating pain, agonizing aches, mental anguish, embarrassment, humiliation, loss of well being and limitations upon her ability to engage in normal activities and pursue normal pleasures and file ordinary pleasures of her life all of which are to her great loss and detriment, 15. As a result of the negligent conduct of Defendant herein, Plaintiff, Lorraine Secrist, was obliged and will cominue to he obliged to expend various and great sums of money for medicine and medical care in ;ut effort to ef7ect a cure for injuries sustained by her all of which may continue into the future. Ili. As a result of the negligence of Detendanl as afirresaid, Plaintiff, Lorraine Secrist, has been unable to perlim•m her duties of Iter employment and has suffered a diminished earning capacity which will affect her indefinitely into the future. 3 COUNT II Plaintiff, H. David Secrist vs. CVS Pharmacy 17. The allegations contained in Paragraphs 1 through 16 above are incorporated herein as though set forth at length. 18. Plaintiff, H. David Secrist, avers that he is the husband of Plaintiff, Lorraine Secrist. 19. As a result of Defendant's negligence resulting to the injuries to his wife, as set forth above, Plaintiff, H. David Secrist, has been deprived of the assistance, society and j consortium of his wife, all of this has been to his great detriment and loss. i j 20. As a result of the Defendant's negligence, carelessness and recklessness, Plaintiff, H. David Secrist, has been obliged to expend various sums of money and to incur i various expenses on behalf of his wife and may be obliged to expend such sums or incur such i expenditures for an indefinite time in the future. a WHEREFORE, Plaintiff, H. David Secrist, requests that judgment be entered against i i Defendant, CVS Pharmacy in an antrnmt in excess of Twenty=rive Thousand ($25.00U.00) Dollars together with lawful interest, costa, delayed damages and counsel fees. P.espectfully submitted, i Date: OL?4,. Ifs . , Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiffs 4 VI RII?IC- TI ON 1, LORRAINF SECIUST, dpi hereby certify that the statements made in the foregoing Complaint are Iruc and correct to the best of my knowledge and belief. I understand that false statements herein arc ninde subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn.fnisil7cation to authorities. -QQ O Fu RRAINE SECRIST C,j U. ci C:J 7 v U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID NO. 99-2980 SECRIST, her husband, Plaintiffs V. CVSPHARMACY, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of the undersigned on behalf of all Defendant, CVS Pharmacy, in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: I.D. No. 79457 ROBERT G. HANNA, JP/., ] I.D. No. 17890 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 231-3761 Attorneys for Defendant DATE: ?, 0 40 0 ®?a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID NO. 99-2980 SECRIST, her husband, Plaintiffs V. CVSPHARMACY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Sharon M. O'Donnell, Esquire, an associate with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this a q day of April, 2000, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Edward M. Brennan, Esquire 101 South Centre Street, Suite 2 P.O. Box 930 Pottsville, PA 17901 I r> C) i- ? .' . `? = I.. ? ... ? .?? ? ? ?u , ? .J .? ?I.. ?.?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION- LAW LORRAINE SECRIST and H. DAVID NO. 99-2980 SECRIST, her husband, Plaintiffs V. CVS PHARMACY, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this' ' day of a UJ? C. 2000, upon consideration of the Stipulation of counsel to remove paragraph 11(a) from Plaintiffs' Complaint, it is hereby ORDERED that said Stipulation is approved and paragraph I I (a) is dismissed with prejudice from Plaintiffs' Complaint. BY THE COURT: J. 1? 44?wpl?u 'ii K3 \05 A\LIAn\.SMO\I.LPG\50968\MMK\03199\00227 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID NO. 99-2980 SECRIST, her husband, Plaintiffs V. CVS PHARMACY, Defendant JURY TRIAL DEMANDED PETITION FOR APPROVAL OF STIPULATION Defendant, CVS Pharmacy, by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby moves this Honorable Court for approval of the Stipulation of counsel attached hereto and marked Exhibit "A" and in support thereof states the following: 1. Plaintiffs, Lorraine Secrist and David Secrist, commenced this action by way of Writ of Summons on or about May 17, 1999. 2. Thereafter, on March 27, 2000, a Complaint was filed against the Defendant, CVS Pharmacy. 3. At Defendant's request, Plaintiffs have agreed to move and/or voluntarily withdraw paragraph I I(a) from their Complaint. 4. A Stipulation of counsel, evidencing Plaintiffs' agreement, is attached hereto and marked Exhibit "A". WHEREFORE, Defendant, CVS Pharmacy, requests this Honorable Court to enter an Order approving the Stipulation attached as Exhibit "A" hereto, and to reflect the dismissal of paragraph I I(a) from Plaintiffs' Complaint, with prejudice. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: S ARON M. O'DONNELL, ESQUIRE VD. No. 79457 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 231-3761 Attorneys for Defendant 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID NO. 99-2980 SECRIST, her husband, Plaintiffs V. CVS PHARMACY, Defendant JURY TRIAL DEMANDED STIPULATION It is hereby stipulated by and between counsel for the respective parties that Paragraph 1 I(a) from Plaintiffs' Complaint shall be voluntarily withdrawn with prejudice from Plaintiffs' Complaint. DATE: Y//1/00 DATE: 0 (//" \05 A\LIAa\5M0\LLPG\49036\AYC\03199\00227 BY: Edward M. Brennan, Esquire Attorney for Plaintiffs BY: SHARON M. O'DONN] Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID NO. 99-2980 SECRIST, her husband, Plaintiffs V. CVS PHARMACY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Sharon M. O'Donnell, Esquire, an associate with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this / day of June, 2000, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Edward M. Brennan, Esquire 101 South Centre Street, Suite 2 P.O. Box 930 Pottsville, PA 17901 Fi- c CO C i._ `i l 7 --s - 1j, Cl" 7 u) .J ;J ? V ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID NO. 99-2980 SECRIST, her husband, Plaintiffs V. CVSPHARMACY, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this , day of --S2270 2 2000, upon consideration of the attached Stipulation of Counsel, it is hereby; ORDERED that said Stipulation is approved, and the caption in the above matter is amended to reflect the name of Rea-Derick, Inc., Store # 1629, Defendant in the above matter, and the name CVS Pharmacy shall be deleted from the caption as a Defendant. "I ol-S-DJ RXS ?;?' Vl.%' ?.1_ ?'li l...?... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID SECRIST, her husband, Plaintiffs V. CVS PHARMACY, Defendant NO. 99-2980 JURY TRIAL, DEMANDED STIPULATION TO AMEND CAPTION Counsel for Plaintiff, Edward Brennan, Esquire, and counsel for Defendant, Rea- Derick, Inc., Store # 1629, incorrectly designated as CVS Pharmacy, hereby stipulate and agree to substitute the name of Rea-Derick, Inc., Store # 1629, for the name of CVS Pharmacy as the appropriate Defendant in the above-referenced proceeding. BY: ARON M. O'DONNELL, ESQUIRE arshall, Dennehey, Warner, Coleman & Goggin Dated: 1 ? Attorneys for Defendant BY: ,CtiU?t' EDWARD M. BRENNAN, ESQUIRE Dated: ?oy Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID NO. 99-2980 SECRIST, her husband, Plaintiffs V. CVS PHARMACY, Defendant JURY TRIAL DEMANDED 1, Sharon M. O'Donnell, Esquire, an associate with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 2? day of December, 2000, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Edward M. Brennan, Esquire 101 South Centre Street, Suite 2 P.O. Box 930 Pottsville, PA 17901 I 1 rJ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SECRIST -VS_ TERM, CVS PHARMACY CASE NO: 99-2980 As a prerequisite to service of a subpoena for documents and thins to Rule 4009.22 g pursuant MCS on behalf of SHARON O'DONNELL ES UIRE 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: 02/_0001 MC on beh l of / SHARON 0 DONNELL ESQUIRE Attorney for DEFENDANT DEII-238003 . 5 0 .15 0- 1, 03 COMIrIONWEALTH OEr PENNSy1,VAN2A COXM'rW OF CTJb1BE1tZAND IN THE MATTER OF: COURT OF COMMON PLEAS SECRIST TERM, -VS- CVS PHARMACY CASE NO: 99-2980 TO: EDWARD M. BRENNAN, ESQUIRE MCS on behalf of SHARON O'DONNEIL ESQUIRE serve intends identical to the one that is attached to this notice. Youohave twenty (20)a 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: 01/19/2001 MCS on behalf of CC: SHARON O'DONNELL ESQUIRE _ 03199-00227 Any questions regarding this matter, contact SHARON O'DONNELL ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-142874 5 0 1 5 0- C O 1. DR. GREG LEWIS MEDICAL ADAM C. ABRAM, MD MEDICAL ERICA VOSS MELOY,O.D. MEDICAL BON TON DEPARTMENT STORE CORP. EMPLOYMENT DR.STUART HARTMAN MEDICAL RECORDS & )[RAYS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SECRIST VS File No. 99-2980 CVS PHARMACY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. GREG LEWIS (Name of Person or Entity) Within twenty (20) days after service of this subpE en A ordered by the court to produce the following documents or things: SS T at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME SHARON O'DONNELL, ESQUIRE ADDRESS: 100 PINE ST PO BX 803 HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID 0: ATTORNEY FOR DFFENDENT DATE Seal of the Court (Eff. 7/9'7) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. GREG LEWIS 40 BROOKWOOD AVENUE CARLISLE, PA 17013 RE: 50150 LORRAINE SECRITT DIAGNOSTIC TEST RESULTS & MEDICAL EXPENSE SUMMARY FOR TREATMENT RENDERED TO LORRAINE SECRITS FOR SYMPTONS RELATING TO'17IIE INGESTION OF DIGOXiN OR LANOXIN FROM 6/30/97 TO JULY 97 Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requ es?te?d•? upp to and including the present. Subject : LOoka SECRITT 9 ABBEY COURT, CATLiSLE, PA 17013 Social Security* 232-88-08M Date of Birth: 03-01-1951 SUIO-286220 503.50-1.03- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SECRIST TERM, -VS- CASE NO: 99-2980 CVS PHARMACY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL ESQUIRE 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: 02/08/2001 MCS on behalf of SHARON O'DONNELL ESQUIRE Attorney for DEFENDANT DEII-238004 50150-1.02 COI'U'ION1473' Tf3 Or PENNSYZ.VAId=.& COUNTY OF CUMSEE.I.AWn IN THE NATTER OP: COURT OF COMMON PLEAS SECRIST TEEM, -YS- CASE NO: 99-2980 CVS PHARMACY DR. GREG LENTS ADAM C. ABRAM. MD ERICA VOSS tELOY,0.D. SON TON DEPARTMENT STORE CORD DR.STUART HARTMAN MEDICAL MEDICAL MEDICAL EMPLOYMENT MEDICAL RECORDS i XRAYS TO: EDUARD M. BRENNAN. ESQUIRE NCS on behalf of SHARON O'DONNEI.L ESQUIRg identical to the one that is attached to this notiintends serve a s ce. Youohave twenty (20)a 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: 01119/2001 MCS on behalf of CC: SHARON O'DONNELL ESQUIRE _ 03199-00227 Any questions regarding this matter, contact SHARON O'D01nMJ, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-142874 5 0 1 5 0- C 0 a. COMMONWEAT TH OF PENNSYLVANIA COUNTY OF CUMBERLAND SECRIST VS CVS PHARMACY File No. 99-2980 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ADAM C. ABRAM, MD (Name of Penon or Entire) Within twen-y (20) days after service of this suSp& things: S by the court to produce the following documents or at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You map 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) daps after its service, the party serving this subpoena may seek a court order compelling you to comply with r_ THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME SHARON O'DONNELL, ESQUIRE ADDRESS: 100 PINE ST., PO BX 803 TELEPHON=• 215-246-0900 SUPREME COURT ID A: ATTORNEY FOR: DEFENDENT BYTHECOURT l/ DATE /// Protho 0 Y D O ? f Y 't Division /IM to Seal of the Court (Eff. 7/97) EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ADAM C. ABRAM, MD 220 WILSON ST. STE 200 CARLISLE, PA 17013 RE: 50150 LORRAINE SECRIST DIAGNOSTIC TEST RESULT, MEDICAL EXPENSE SUMMARY FOR TREATMENT RENDERED TO LORRAINEN SECRIST FOR SYMPTONS RELATING TO THE INGESTION OF DOGOXIN OR LANOXIN FROM 6-30-97 TO 7-97 Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : LORRAINE SECRIST 9 ABBEY COURT, CATLISLE, PA 17013 Social Security A 232-85.0880 Date of Birth: 03-01-1951 SU10-286222 503-50-L.02- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SECRIST -VS- CVS PHARMACY COURT OF COMMON PLEAS TERM, CASE NO: 99-2980 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL ESQUIRE 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: 02/08/2001 MCS on behalf of SHARON O'DONNELL ESQUIRE Attorney for DEFENDANT DE11-238005 5 0.15 0- 1- 0 3 CObIbIONNEAL TFI OF PENNSYL,VANYA IN THE MATTER OF: SECRIST CVS PHARMACY COUNTY OF cut43EI2LAND -VS- DR. GREG LEwIs ADAM C. ABRAM, MD ERICA VOSS MELOY,O.D. BON TON DEPARTMENT STORE CORP. DR. STUART HARTMAN MEDICAL, MEDICAL MEDICAL EMPLOYMENT MEDICAL RECORDS E XRAYS COURT OF COMMON PLEAS TERM, CASE NO: 99-2980 TO: EDWARD M. BRENNAN, ESQUIRE MCS on behalf of SHARON O'DONNELL ESQUIRE identical to the one that is attached to this notiintends serve s ce. Youohave tweenty (20)a 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: 01/19/2001 MCS on behalf of CC: SHARON O'DONNELL ESQUIRE _ 03199-00227 Any questions regarding this matter, contact SHARON O'DONNELL ESQUIRE Attorney for DEPENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-142874 5 0 3-5 0- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL4vVD SECRIST VS CVS PHARMACY File No. 99-2980 SUBPOENA TO PRODUCE DOCUMENTS OR'I'HI\tGS FOR DISCOVERY PURSUANT TO RULE 4009 22) TO: CUSTODIAN OF RECORDS FOR: BON TON DEPARTMENT STORE CORP. (Name of Peron or Entity) Within twenn• (20) days after service of this things: by the court to produce the following documents or at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to ,roduce 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,vou to comply with 'r_ THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SHARON 0_'DONNELL, ESQUIRE ADDRESS: 100 PINE ST., PO BX 803 HARRISBURG, PA 17108 TELEPHONE- 21 S-9A6_ogn0 SUPREME COURT 1D #: ATTORNEY FOR: DEFENDENT DATE QkAAJA Qf 01 Seal of the Court (Eff 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BON TON DEPARTMENT STORE CORP 2801 EAST MARKET STREET YORK, PA 17402 RE: 50150 LORRAINE SECRIST Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: n to and including the present. Subject: LORRAINE SECRIST 9 ABBEY COURT, CATLISLE, PA 17013 Social Security A 232-880880 Date of Birth: 03-01-1951 SU10-286226 503L.50-L.04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SECRIST TERM, -VS- CASE NO: 99-2980 CVS PHARMACY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL ESQUIRE 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: 02/08/2001 MCS on behalf of SHARON O'DONNELL ESQUIRE Attorney for DEFENDANT DEII-238006 503-50-1,04 C0r10Ly10NWMALTH OF PENNSYLVAN=A COUNTY OF CiJ1wMEEL .AND IN THE NATTER OF: COURT OF COMMON PLEAS SECRIST -VS- CVS PHARMACY DR. GREG LEWIS MEDICAL ADAM C. ABRAM, HD MEDICAL ERICA VOSS HELOY,O.D. MEDICAL BON TON DEPARTMENT STORE CORP. EMPLOYMENT DR.STUART HARTMAN MEDICAL RECORDS i KRAYS TERM, CASE NO: 99-2980 TO: EDWARD H. BRENNAN. ESQUIRE HCS on behalf of SHARON O'DONNELL ESQUIRE 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: 0111912001 CC: SHARON O'DONNELL ESQUIRE - 03199-00227 MCS on behalf of SHARON O'DONNELL ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DF.02-142874 -503.50-C:03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SECRIST VS CVS PHARMACY File No. 99-2980 SUBPOENA TO PRODUCE DOCUM'TS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FORERICA VOSS MELOY, O.D. (Name of Person or Entity) things: n nven:y (20) days after service of this su4flFrXT?t ?MSrdered by the court to produce the following documents or t at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things certificate of compliance, to the party making this request at the address listed above. 4 eby this v right together with the I You have the the ri ht to seek, in advance, the aasonable cost of preparing the copies or producing the things sought. If you fail to •7.oduce 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 SHARON O'DONNELL, ESQUIRE ADDRESS: 100 PINE ST. , PO BX 803 ?lAKKL513UxG' PA 11108 TELEPHON_ 215-246-0900 SUPREME COURT ID ft: ATTOR\E1• FOR: DEFENDENT BY THE COURT/ U DATE PlIjAddl. Pmthon e ?j ?(?/y/cQk Civi/l?Divbion / !/ i.e'.0 . .A ( 1 ? fl. Deputy Seal of the Court (Eff. 7/97 EXPLANAUON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERICA VOSS MELOY,O.D. 35 W. MAIN ST. MECHANICSBURG, PA 17055 RE: 50150 LORRAINE SECRIST DIAGNOSTIC TEST RESULT & MEDICAL EXPENSE SUMMARY FOR SYMPTOMS RELATING TO THE INGESTION OF DOGOXIN OR LANOXIN FROM 6-30-97 TO 7-97 Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates uested• up to and including the present. Subject : I Ot?RAIIVE SECRM 9 ABBEY COURT, CATLISLE, PA 17013 Social Security A 232-88-0880 Date of Birth: 03-01-1951 SU10-286224 503-50-L.03 a CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SECRIST -VS- CVS PHARMACY COURT OF COMMON PLEAS TERM, CASE NO: 99-2980 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL ESQUIRE 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: 02/0812001 MCS on behalf of SHARON O'DONNELL ESQUIRE Attorney for DEFENDANT DE11-238007 502.50-1,05 00b040NWMAL.TH OF 3?ENNSYI.VAN=AA COTJN rW OF CLJMBEPJLAI.JD IN THE MATTER OP: SECRIST CVS PHARMACY -VS- DR. GREG LEWIS MEDICAL ADAM C. ABRAM, MD MEDICAL ERICA VOSS MELOY,O.D. MEDICAL BON TON DEPARTMENT STORE CORP. EMPLOYMENT DR.STUART HARTMAN MEDICAL RECORDS 6 %RAYS COURT OF COMMON PLEAS TERM, CASE NO: 99-2980 TO: EDWARD M. BRENNAN, ESQUIRE MCS on behalf of SHARON O'DONNE ESQUIRE identical to the one that is attached to this notice. Youohave twenty (2o)a days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the tw.nty 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: 01/19/2001 MCS on behalf of CC: SHARON O'DONNELL ESQUIRE - 03199-00227 Any questions regarding this matter, contact _SHARON O'DOM% ESQUIRE Attorney for DEPENDANT THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-142874 5 0 1 5 0- C O 1 I COMMONWEALTH OF PEN\rSYLVANIA COUNTY OF CUMBERLA-ND SECRIST VS CVS PHARMACY File No. 99-2980 SUBPOENA TO PRODUCE DOCUME\-I,S OR THINGS FOR DISCOVERY PURSUA TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: DR. STUART HARTMAN T0: (Name of Person or Entity) Within twenty (20) days after service of this su things: at ST (Address) by the court to produce the following documents or 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 7r0duce 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 SHARON O'DONNELL, ESQUIRE ADDRESS: 100 PINE ST., PO EX 803 HARRIS R , PA 17108 TELEPH ON z. 215-24 6-0900 SUPREME COURT ID a: ATTORNEY FOR. DEFENDENT BY THE COURT: DATE T rLf(a.l-1/ n cam/ o Aothont AY.__ ?A, A Deputy Seal of the Court (Eff. 7/977 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR.STUART HARTMAN 2645 N.THIRD STREET SUITE 340 HARRISBURG, PA 17110 RE: 50150 LORRAINE SECRIST INCLUDING DIAGNOSTIC STUDIES, TEST RESULTS & MEDICAL EXPENSE SUMMARY FOR SYMFMNS RELATING TO THE INGESTION OF DOGOXIN OR LANOXIN FROM 6-30-97 TO 7-97 Any and all records, correspondence, files and memorandums, bandwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : LORRAINE SECRIST 9 ABBEY COURT, CATLISLE, PA 17013 Social Security #: 232-85.0880 Rate of Birth: 03-01-1951 SU10-286228 50150-L05 >. CC ?. t .I 1 t _ .. CY ) y C F- _.% .- ?? )•:: Y' 1 I ti. U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID SECRIST, her husband, Plaintiffs NO. 99-2980 V. REA & DERICK, INC., STORE # 1629, Defendant JURY TRIAL DEMANDED TO: Plaintiffs c/o Edward M. Brennan, Esquire 101 South Center Street - Suite 2 Pottsville, PA 17901 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. L-, DENNEHEY, WARNER, & GOGGIN BY: 3A ON M. O'UUNNCLL [. . No. 79457 1 0 Pine Street, 4th Floor 0. Box 803 . arrisburg, PA 17108-0803 4 (717) 231-3791 Attorneys for Defendant DATE: 2 l ?`r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID SECRIST, her husband, Plaintiffs V. REA & DERICK, INC., STORE it 1629, Defendant NO. 99-2980 JURY TRIAL DEMANDED Defendant, Rea & Derick, Inc., Store # 1629, by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby make answer to the Plaintiff's Complaint and in support thereof states the following: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Denied. 5. Denied. At all times material to this cause of action, the correct corporate identity of the Defendant was Rea-Derick, Inc., Store # 1629, with an address located at 841 East High Street, Carlisle, Cumberland County, PA. 6. Denied. It is specifically denied that Defendant, Rea & Derick, Inc., Store # 1629, was, at any time, whether or not material to Plaintiffs' cause of action, a licensed pharmacy in Carlisle, Pennsylvania. To the contrary, at all times material to Plaintiffs' cause of action, Defendant, Rea & Derick, Inc. Store # 1629, properly carried and displayed a permit issued by the Board of Pharmacy as required by the Pennsylvania Pharmacy Act, 63 P.S. §390, gl sgq. Moreover, Rea-Derick, Inc., Store # 1629, at all times material to Plaintiff's cause of action, lawfully operated a business at 841 East High Street, Carlisle, Pennsylvania, and was at all times compliant with the provisions of the Pennsylvania Pharmacy Act, 63 P.S. §390-2, g1 =Q, including, but not limited to, providing the professional services of licensed pharmacists. Rea & Derick, Inc. is not a pharmaceutical company, and has not and does not hold itself out to be such. Strict proof is demanded. The remaining allegations of Paragraph 6 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). 7. Denied. It is specifically denied that at any time on June 30, 1997, Lorraine Secrist presented herself to the #1627, 841 East High Street, Carlisle, Pennsylvania, to have a prescription filled. 8. Denied. The allegations and averments of Paragraph 8 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. I029(e). 9. Denied. The allegations and averments of Paragraph 9 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). 10. Denied. The allegations and averments of Paragraph 10 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). IL Denied. The allegations and averments of Paragraph 1 I of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). a. Dismissed pursuant to an Order of Court dated June 9, 2000, signed by the Honorable J. Wesley Oler, Jr. b. Denied. It is specifically denied that Defendant, Rea & Derick, Inc., Store it 1629, failed to GII a correct prescription on June 30, 1997, c. Denied. It is specifically denied that Defendant failed to exercise due care in filling a prescription for Lorraine Secrist on June 30, 1997. d. Denied. It is specifically denied, that Defendant, Rea & Derick, Inc., Store # 1629, failed to detect that a wrong prescription was filled on June 30, 1997 for Lorraine Secrist. 12. The answering Defendant incorporates herein by reference, its responses to Paragraphs 1 - 11 above as fully as if the same were herein set forth at length. 13. Denied. The allegations and averments of Paragraph 13 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). 14. Denied. The allegations and averments of Paragraph 14 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). 15. Denied. The allegations and averments of Paragraph 15 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). 16. Denied. The allegations and averments of Paragraph 16 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). WHEREFORE, the answering Defendant, Rea & Derick, Inc., Store # 1629, requests this Honorable Court to dismiss Count I of Plaintiffs' Complaint with prejudice. P1ainSfff. H. David Secrist v. R n-& ,Derick. Inc.. Store # 1629 17. The answering Defendant incorporates herein by reference, its responses to Paragraphs 1 - 16 above as fully as if the same were herein set forth at length. 18. Admitted upon information and belief. 19. Denied. The allegations and averments of Paragraph 19 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). 20. Denied. The allegations and averments of Paragraph 20 of Plaintiffs' Complaint are denied pursuant to the provisions of Pa.R.C.P. 1029(e). WHEREFORE, the answering Defendant, Rea & Derick, Inc., Store # 1629, requests this Honorable Court to dismiss Count II of Plaintiffs' Complaint with prejudice. NEW MAITE 21. Plaintiffs' claims are barred in whole or in part by her own comparative negligence. 22. Plaintiffs' claims are barred in whole or in part by her own assumption of the risk. 23. Plaintiffs' claims are barred in whole or in part by her own contributory negligence. 24. Defendant, Rea & Derick, Inc., Store # 1629, raises all defenses available under the Pennsylvania Pharmacy Act, 63 P.S. §390,.Pl =. 25. Plaintiffs have failed to state a cause of action upon which relief can be granted. 26. Plaintiffs' damages, if any, were not caused legally or proximately by any act or omission on the part of Defendant, Rea & Derick, Inc., Store # 1629. 27. Plaintiffs' actions may be barred by the applicable statute of limitations. 28. Plaintiffs' injuries and/or damages, if any, were not caused by any conduct or negligence on the part of the Defendant, Rea & Derick, Inc., Store # 1629, but rather were caused by prc-existing medical conditions and causes beyond the control of Defendant, and accordingly, Plaintiff may not recover against Rea & Derick, Inc., Store # 1629 in this action. 29. Defendant, Rea &Derick, Inc., Store # 1629, did not render any medical or professional services to Plaintiff. Rea & Derick, Inc., Store # 1629, a corporate defendant, is not and can not be vicariously liable for the acts and/or omissions of any person or persons not identified in Plaintiffs' Complaint. Under the Pennsylvania Pharmacy Act, 63 P.S. §390, gl =q,, only an individual person may be licensed as a pharmacist to practice pharmacy in the Commonwealth of Pennsylvania. At no time material to Plaintiffs' cause of action was Defendant, Rea & Derick, Inc., Store # 1629 licensed as a pharmacist, and Defendant, Rea & Derick, Inc., Store # 1629, did not, in fact, have the right to supervise, direct or control the manner in which any pharmacists provided professional services to Plaintiff. 30. In the event it is ultimately determined that Rea & Derick, Inc., Store # 1629 is liable to Plaintiff, Lorraine Secrist, which liability is specifically denied, under the Pennsylvania Professional Corporation Law, 15 Pa.P.C.S.A. § 2901, r1 Sgq., the professional corporation may be held liable only to the extent of the value of its property. 31. All services rendered to Plaintiff by the answering Defendant was appropriate, reasonable, and within the applicable standard of care. MARSHALL, DENNEHEY, WARNER, & GOGGIN BY: riAKUN M. O'DONNELL, ESQUIRE D. No. 79457 ROBERT G. HANNA, JR., ESQUIRE I.D. No. 17890 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 231-3791 Attorneys for Defendant DATE: -3 /a cj 16 \05_A\L I A n\S M O\LLPG\52452\AYC\03199\00227 VERIFICATION Allyson JOtles-Phillip, Claim Manager and authorized agent of REA & DERICK, STORE NO. 1629, hereby verifies that the statements made in the foregoing Answer rvitli New Matter Submitted on BebalfofD%ndant, Rea & Derick, lire., Store #1629 are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A, §4904 relating to unswor falsification to authorities. Rea-Derr] , Inc. Store No. 1629 By: ? . o Jones-P ip Dated: March ?-, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID SECRIST, her husband, Plaintiffs V. REA &DERICK, INC., STORE # 1629, Defendant. NO. 99-2980 JURY TRIAL DEMANDED I, Sharon M. O'Donnell, Esquire, an associate with the law firm of Marshall, Dennehey, Warner, Coleman & Go ggin, do hereby certify that on this ? day of ' r 2001, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Edward M. Brennan, Esquire 101 South Centre Street, Suite 2 P.O. Box 930 Pottsville, PA 17901 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST No. 99-2980 and H. DAVID SECRIST, herhusband, Plaintiffs VS. REA-DERICK, INC., STORE #1629, Defendant PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW COME Plaintiffs, Lorraine Secrist and H. David Secrist, by and through their attorney, Edward M. Brennan, Esquire, and respond to Defendant's New Matter, as follows: 21-31. The allegations contained in Paragraphs 21-31 of Defendant's New Matter set forth conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendant. Date: 4 l-_ AwIIY447" Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiffs EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street -Suite 2 P.O. Box 930 Pottsville, PA 17901 j (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST No. 99-2980 and H. DAVID SECRIST, her husband, Plaintiffs VS. REA-DERICK, INC., . STORE #1629, Defendant CERTIFICATE OF SERVICE J AND NOW, this, day of m p _ 2001, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the fore going Plaintiffs' Reply to Defendant's New Matter, by depositing the same in the United States Mail, postage prepaid, in the f Post Office at Pottsville, Pennsylvania, addressed to the following: Sharon M. O'Donnell, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 100 Pine Street, 4' Floor P.O. Box 803 Harrisburg, PA 17108- 803 AE?w M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiffs J1 Ll a l](L T B. Craig Black, Esq. McKISSOCK & HOITMAN, P,C. 20401-inglestown Road, Suite 302 Harrisburg, PA 17110 (717) 540-3400 Counsel for defendant, Rea & Derick, Inc., Store No. 1629, improperly pled as CVS Pharmacy LORRAINE SECRIST and H. DAVID IN THE COURT OF COMMON PLEAS SECRIST CUMBERLAND COUNTY CIVIL ACTION - LAW V. No. 99-2980 CVSPHARMACY WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of defendant, Rea & Derick, Inc. Store No. 1628, improperly pled as CVS Pharmacy, in the abovejeaptioned matter. Baron M. O'Donnell, Esq. A ID No. 79457 Marshall Dennehey Warner Coleman & Goggin 4200 Cmms Mill Road, Suite B Harrisburg, PA 17110 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, Rea & Derick, Inc. Store No. 1628, improperlypled as CVS Pharmacy, in the above-captioned matter. B, Crai la , Esq. McK' s k & Hoffman, P.C. 204 mglestown Road, Suite 302 Harrisburg, PA 17110 4r 4 CERTIFICATION 1 certify that on the day of 2001 a true and correct co Defendan!'s Withdrawal of Appearance and }r py of postage pre-paid to the fallowing counsel of record:oAppearance was served via regular mail, Edward A Brennan, Esq. 101 South Centre Street, Suite 2 PO Box 930 Pottsville, PA 17901 B. Crai ac , Esq. "' J J J ".J r .. - . EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST No. 99-2980 and H. DAVID SECRIST, her husband, Plaintiffs vs. REA-DERICK, INC., STORE #1629, Defendant PRAECIPE TO SETTLE END AND DISCONTINUE To: Curt Long, Prothonotary Kindly mark the above-captioned matter as settled, ended and discontinued. Date: ?-31013 Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW LORRAINE SECRIST and H. DAVID SECRIST, No. 99-2980 her husband, Plaintiffs vs. REA-DERICK, INC., STORE #1629, Defendant CERTIFICATE OF SERVICE AND NOW, this3 day of 2003, I, Edward M. Brennan, Esquire, do hereby certify that I served?a true and correct copy of the foregoing Praecipe to Settle, End and Discontinue, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: B. Craig Black, Esquire McKissock & Hoffman, P.C. Suite 302 2040 Linglestown Road Harrisburg, PA 17110 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiffs ,a } J' ?a P. L 1... ?? C ; r..? `^ ? ? , l? _, t. _ -- ' Pi - iS: ?-' - U.. :J?C3.. 1? ...? u_ u M ?? -7 v