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Home My WebLink About99-03407/J V_ V1 CrN BEVERLY BLATNIK and VICTOR BLATNIK, her husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. q -3 07 KARNS PRIME AND FANCY JURY TRIAL DEMANDED FOOD, LTD., Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgement 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. COURT ADMINISTRATOR 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 BEVERLY BLATNIK IN THE COURT OF COMMON PLEAS and VICTOR BLATNIK, her CUMBERLAND COUNTY, PENNSYLVANIA husband, Plaintiffs CIVIL ACTION - LAW V. NO. KARNS PRIME AND FANCY JURY TRIAL DEMANDED FOOD, LTD., Defendant NOTICIA Le ban demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y In notification. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la Corte en forma escrita sus defensas o sus objectiones a [as demandas en contra de su persona. Sea avisado que A usted no se fefiende, In Corte tomara medidas y puede una orden contra usted sin previo aviso o notification y por cualquier queja,o akuvui que es pedido en la petition de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SL NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABA.IO PARA AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 BEVERLY BLATNIK and VICTOR BLATNIK, her husband, Plaintiffs V. KARNS PRIME AND FANCY FOOD, LTD., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9 9. 3'/o 7 C;?j 7-"-# -- JURY TRIAL DEMANDED COMPLAINT AND NOW, come the plaintiffs, BEVERLY BLATNIK and her husband, VICTOR BLATNIK, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by James R. Carroll, Esquire, and make the within Complaint against defendant, Karns Prime and Fancy Food, Ltd., as follows: I. Plaintiffs, Beverly Blatnik and Victor Blatnik, her husband, are married, adult individuals, currently residing at 5 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Karns Prime and Fancy Food, Ltd., is a corporation registered and established under the laws of Pennsylvania, with a registered office located at 675 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. At all times material hereto, Defendant, Karns Prime and Fancy Food, Ltd., was in ownership , control, management, and possession of the premises located at and known as Karns Quality Food, Ltd. at Silver Spring Road and Carlisle Pike, in Mechanicsburg, Cumberland County, Pennsylvania, 17055. (Hereinafter "Premises"). 4. At all times material hereto, Plaintiff, Beverly Blatnik, was a business invitee upon the premises of Defendant, Karns Prime and Fancy Food, Ltd.. 5. At all times material hereto, an employee of Karns Prime and Fancy Food, Ltd., had allowed water, sprayed from the produce misters, to remain on the floor. 6. At all times material hereto, Defendant placed mats in front of portions of the produce section, but left other portions uncovered, allowing water to collect on the tile floor. 7. At all time material hereto, there were no warning signs posted on the Premises warning of the water that remained on the floor. 8. On or about March 11, 1998, Plaintiff, Beverly Blatnik, was on the Premises to pick up some groceries. While walking in the produce aisle, she was caused to slip and fall harshly upon the ground due to an accumulation of water sprayed by the produce misters, that was allowed to remain on the floor. This slip and fall resulted in Plaintiff suffering extreme trauma to her left knee, shoulder, and back. 9. At all times material hereto, Plaintiff, Beverly Blatnik, believes and therefore avers that Defendant, Karns Prime and Fancy Food, Ltd., was in ownership, possession and control of the Premises and was responsible for maintaining the safe condition of the property known as Karns Quality Food Ltd., at Silver Springs Road and Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 1) 10. The occurrence of the aforesaid incident and the injuries to the Plaintiff, Beverly Blatnik, resulting therefrom, were caused directly and proximately by the Defendant's negligence, generally and more specifically as set forth below: (a) In causing or permitting the floor of the common area at Premises to become covered with water, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In failing to make reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the water, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; (c) In failing to ensure that the common path down the aisle at said Premises was maintained in a safe condition to prevent injury to the Plaintiff and other persons lawfully upon the Premises; (d) In failing to post a warning sign or device in the area to notify customers of the dangerous slippery and wet condition on the floor of the Premises; (e) In failing to dry or otherwise clean the water from the floor of said Premises so as to avoid the situation in which the Plaintiff slipped and fell; and (f) In failing to maintain the common floor area in a reasonably safe condition that would prevent a customer from slipping and falling. 3 H. Defendant had actual knowledge or should have known through the exercise of ordinary care and diligence that there was a slippery, liquid substance on the floor in the area where the Plaintiff, Beverly Blatnik, fell. 12. As a direct result of the Defendant's negligence, Plaintiff, Beverly Blatnik, sustained serious injuries including but not limited to, muscle strain, left shoulder contusion, left knee injury, and severe lower back pain which radiates to her left leg. 13. As a result of the negligence of the Defendant, Plaintiff, Beverly Blatnik, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the I same for an indefinite period of time in the future, to her great detriment and loss, physically, i emotionally and financially. 1 14. As a result of the negligence of the Defendant, Plaintiff, Beverly Blatnik, has been and probably will in the future be hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 15. As a result of the Defendant's negligence, Plaintiff, Beverly Blatnik, has and probably will in the future suffer a loss of life's pleasures. 16. As a result of the Defendant's negligence, Plaintiff, Beverly Blatnik, has and probably will in the future suffer lost wages/income. 17. Plaintiff, Beverly Blatnik, believes and therefore avers that her injuries are permanent in nature. 18. As a result of the Defendant's negligence, Plaintiff, Beverly Blatnik, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for 4 medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. I WHEREFORE, Plaintiff, Beverly Blatnik, seeks damages from the Defendant, Karns Prime and Fancy Food, Ltd., in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), and I demands a trial by jury. Count 2 - Loss of Consortium Victor Blatnik v. Karns Prime and Fancy Food. Ltd. 19. Plaintiff, Victor Blatnik, incorporates and makes part of this Complaint paragraphs 1 through 18, as if set forth fully at length. 20. As a result of the negligence of Defendant, Karns Prime and Fancy Food, Ltd., Plaintiff, Victor Blatnik, has suffered a loss of consortium, society, and comfort from his wife, Beverly Blatnik, and he will continue to suffer a similar loss in the future. 20. As a result of the Defendant, Karns Prime and Fancy Food, Ltd., Plaintiff, Victor Blatnik, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums I of money for medicine and medical attention and will be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 5 WHEREFORE, Plaintiff, Victor Blatnik, seeks damages from Defendant, Karns Prime and Fancy Food, Ltd., in an amount in excess of twenty-five thousand dollars ($25,000.00) and demands a trial by jury. DATE: & kq4 Respectfully Submitted, HANDLER, HENNING & ROSENBERG BY: an- (;Jates . Carroll, Esquire No. 75895 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorney for Plaintiffs 6 VERIFICATION I verify that the statements contained in the attached document, are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. everly BI i Victor Blatnik Dated: LAW OFFICES OF DEVLIN, KAUFFMAN & SHILLING ATTORNEY: C. WILLIAM SHILLING SUPREME COURT I.D. NO. 46995 100 PINE STREET/SUITE 300 HARRISBURG, PA 17101 (717) 720-0700 BEVERLY BLATNIK and VICTOR BLATNIK, her husband, Plaintiffs V. KARNS PRIME AND FANCY FOOD, LTD., Defendant ATTORNEY FOR: Defendant Karns Prime and Fancy Food, Ltd. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3407 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned on behalf of Defendant, Karns Prime and Fancy Food, Ltd., in the above-captioned matter. Respectfully submitted, DEVLIN, KAUFFMAN &' C. William Shilling, Esquire Atty. I.D. 46995 Suite 300 j 100 Pine Street Harrisburg, PA 17101 (717) 720-0700 ti G? N W < ? to - O rn ?? SHERIFF'S RETURN - REGULAR CASE NO: 1999-03407 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLATNIK BEVERLY ET AL VS. KARNS PRIME AND FANCY FOOD LTD TIMOTHY REITZ CUMBERLAND County, Pennsylvania, to law, says, the within NOTICE Upon KARNS PRIME AND FANCY FOOD defendant, at _ 14:45 HOURS, on 1999 at. 675 SILVER SPRING ROAD Sheriff or Deputy Sheriff of who being duly sworn according AND COMPLAINT, PLTFF'S was served LTD the 8th da the y of June --------------- ???oauxCU, PA 17055 County, Pennsylvania, by handing to DENISE GEORGE (SEC CUMBERLAND a true and attested copy of the NOTICE AND COMPLAINT, PLTFF S together with REQUEST FOR PRODUrT-a' nv AN . ,,....__ and at the same time directing Her attention to the contents thereof. Sheriffis Costs: Docketing 18.00 So answers: Service 6.20 Affidavit Surcharge .00 8.00 n?ane,i e i 06 09%R§99ENNING & ROSENBERG by - T " ?- ep e i Sworn and subscribed to before me this ? day of 19 99 A.D. / IVrOt-M -I--E-a? y? LAW OFFICES OF DEVLIN, KAUFFMAN & SHILLING ATTORNEY: C. WILLIAM SHILLING SUPREME COURT I.D. NO. 46995 100 PINE STREET/SUITE 300 HARRISBURG, PA 17101 (717) 720-0700 BEVERLY BLATNIK and VICTOR BLATNIK, her husband, Plaintiffs V. KARNS PRIME AND FANCY FOOD, LTD., Defendant ATTORNEY FOR: Defendant Karns Prime and Fancy Food, Ltd. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-3407 JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER The Defendant, Karns Prime and Fancy Food, Ltd., by and through its counsel, Devlin, Kauffman & Shilling, hereby enters the following Answer with New Matter of Plaintiff's Complaint and avers as follows: Answering Defendant is without sufficient knowledge or information upon which to form a belief as to the truth of the allegations of this paragraph of the Complaint and therefore neither admits nor denies the same but demands strict proof thereof. 2. Admitted. Admitted. 4. Answering Defendant is without sufficient knowledge or information upon which to form a belief as to the truth of the allegations of this paragraph of the Complaint and therefore neither admits nor denies the same but demands strict proof thereof. 5. Denied. 6. Denied. 7. It is admitted that no warning signs were posted since no warnings signs were required in that water was not allowed to remain on the floor. Answering Defendant is without sufficient knowledge or information upon which to form a belief as to the truth of the allegations of this paragraph of the Complaint and therefore neither admits nor denies the same but demands strict proof thereof. 9. It is admitted that Karns Prime and Fancy Food, Ltd., was the owner of the food store located at 675 Silver Spring Road, Mechanicsburg, Pennsylvania. 10. (a)-(f) The averments of paragraph 10 of the Complaint constitute a conclusion of law to which no answer is required under the applicable Rules of Civil Procedure. If such an answer is deemed necessary, it is specifically denied that the Defendant was in any manner negligent under the circumstances. 11. The averments of paragraph 11 of Plaintiffs Complaint constitute a conclusion of law to which no answer is required under the applicable Rules of Civil Procedure. If such an answer is deemed necessary, said averments are specifically denied. 12. It is specifically denied that the Defendant was in any manner negligent under the circumstances, as to the remaining averments of paragraph 12 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 12 of the Complaint, and, accordingly, said averments are denied. Strict proof thereof is demanded at time of trial. 13. It is specifically denied that the Defendant was in any manner negligent under the circumstances, as to the remaining averments of paragraph 13 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 13 of the Complaint, and, accordingly, said averments are denied. Strict proof thereof is demanded at time of trial. 14. It is specifically denied that the Defendant was in any manner negligent under the circumstances, as to the remaining averments of paragraph 14 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 14 of the Complaint, and, accordingly, said averments are denied. Strict proof thereof is demanded at time of trial. 15. It is specifically denied that the Defendant was in any manner negligent under the circumstances, as to the remaining averments of paragraph 15 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 15 of the Complaint, and, accordingly, said averments are denied. Strict proof thereof is demanded at time of trial. 16. It is specifically denied that the Defendant was in any manner negligent under the circumstances, as to the remaining averments of paragraph 16 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 16 of the Complaint, and, accordingly, said averments are denied. Strict proof thereof is demanded at time of trial. 17, It is specifically denied that the Defendant was in any manner negligent under the circumstances, as to the remaining averments of paragraph 17 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 17 of the Complaint, and, accordingly, said averments are denied. Strict proof thereof is demanded at time of trial. 18. It is specifically denied that the Defendant was in any manner negligent under the circumstances, as to the remaining averments of paragraph 18 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 18 of the Complaint, and, accordingly, said averments are denied. Strict proof thereof is demanded at time of trial. WHEREFORE, the Defendant, Karns Prime and Fancy Food, Ltd., demands judgment in its favor and against the Plaintiff with costs. COUNT II LOSS OF CONSORTIUM VICTOR BLATNIK V. KARNS PRIME AND FANCY FOODS LTD. 19. Answering Defendant incorporates its answers in paragraphs 1-18 above as if fully set forth at length. 20. It is specifically denied that the Defendant Kams Prime and Fancy Food, Ltd, was in any manner negligent under the circumstances, as to the remaining averments of paragraph 20 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 20 of the Complaint, and, accordingly, said avennents are denied. Strict proof thereof is demanded at time of trial. 20. It is specifically denied that the Defendant Karns Prime and Fancy Food, Ltd. was in any manner negligent under the circumstances, as to the remaining averments of paragraph 20 of the Complaint, after reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or the accuracy of averment 20 of the Complaint, and, accordingly, said averments are denied. Strict proof thereof is demanded at time of trial. WHEREFORE, the Defendant Karns Prime and Fancy Food, Ltd„ demands judgment in its favor and against the Plaintiff with costs. NEW MATTER 21. The accident complained of in the Complaint of the Plaintiff was caused or contributed to by the negligence, carelessness and recklessness of the Plaintiff which consisted of the following: a. Failing to look where she was going; b. Failing to see the alleged defect; C. Failing to take notice of the alleged defect; d. Failing to observe or report the alleged defect; e. Failing to be aware of a condition directly in front of her feet. 22. The foregoing acts or omissions of the Plaintiff were careless and negligent and proximately caused the alleged injuries or damages claimed by the Plaintiff. 23. If the Plaintiff suffered any injuries or damages as alleged, they were caused solely and primarily by the Plaintiffs own carelessness, recklessness and negligence. 24. If the Plaintiff suffered any injuries as alleged, Plaintiff, by her conduct, assumed the risk of those injuries and damages due to the conduct herein before alleged. 25. If the Plaintiff suffered injuries and damages as described for reasons set forth in the Complaint, said injuries and damages were caused or contributed to by conditions over which Answering Defendant had no control and for which they are not responsible. 26. If the Plaintiff suffered injuries and damages described and for reasons set forth in the Complaint, said injuries and damages were caused and/or contributed to by the negligence, carelessness and recklessness or other parties over whom Answering Defendant had no control and for whom they are not responsible. 27. If the Plaintiff suffered injuries and damages described for reasons set forth in the Complaint, said injuries and damages were not proximately caused by any negligent act or omission on behalf of Answering Defendant, 28. The Complaint fails to state a claim against the Defendants. 29. The right to file such additional defenses, affirmative defenses, cross-claims, counter-claims and/or third-party claims as may be appropriate upon completion, investigation and discovery in this matter is reserved. 30. Plaintiff failed to mitigate damages. 31. The right to challenge any award of delay damages in this case is hereby reserved. 32. Defendants demand that appropriate hearings be conducted in this case prior to any award of delay damages. 33. Rule 238 of the Pennsylvania Rules of Civil Procedure, on its face, and as applied, is violative of the due process and equal protection clauses of the Fourteenth Amendment to the Constitution of the United States, Section 1983 of Title 42 of the United States Code, Article I, Sections 1, 6, 11 and 26 and Article V, Section 10(c) of the Pennsylvania Constitution and imposes a chilling effect on the exercise by Defendant of their Constitution Rights. 34. Plaintiff's damages are barred by the applicable statute of limitations. 35. Contributory negligence bars or reduces any recovery sought by the Plaintiff pursuant to 42 Pa. C.S.A. §7102. 36. The damages and injuries allegedly sustained by the Plaintiff were proximately caused by the acts and/or omissions of Plaintiff or third persons for whom actions Defendants are not legally responsible, including, but not limited to those parties identified by Plaintiff in her Complaint. WHEREFORE, the Defendant, Karns Prime and Fancy Food, Ltd., demands judgment in their favor and against Plaintiff's with costs. Respectfully submitted, DEVLIN, KAU?vIAl, i %/ //1- C.Y.iiliam Shilling, Atty. I.D. 46995 Suite 300 100 Pine Street Harrisburg, PA 17101 (717) 720-0700 1.. VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of his/her knowledge, information and belief and that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications. DATED: 1?j/1lql C-? e WRu dVice President Karns Prime and Fancy Foods, Ltd. 6661 b - 9 i1V ?13AI :yak = . L J. 7 . RJb jrdplnadln0/btatnik.nm BEVERLY BLATNIK and VICTOR BLATNIK, his wife Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KARNS PRIME AND FANCY NO. 99-3407 FOOD, LTD., Defendants JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER To: Defendant, Karns Prime and Fancy Food, Ltd, by and through their attorney of record: C. William Shilling, Esquire DEVLIN, KAUFFMAN & SHILLING 100 Pine Street; Suite 300 Harrisburg, PA 17101 21. Denied. It is denied that Plaintiff was negligent, careless or reckless in her behavior in failing to look where she was going, see the alleged defect, take notice of the alleged defect, observe or report the alleged defect or be aware of a condition directly in front of her feet. 22. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 23. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 24. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 25. Denied. This is a conclusion of law to which no response is required, Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 26. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 27. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 28. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 29. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 30. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied. 31. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 32. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, saidallegations are specifically denied.. 33. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 34. Denied. Pa. C.S.A. §5524, relating to actions that must be commenced within two years include but is not limited to "An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence of another". The accident in this case occurred on March 11, 1998, and the action was filed on June 4, 1999, and is therefore clearly within the mandates of §5524 of the Act. Should any allegation therein be deemed factual in nature, said allegations are specifically denied. 35. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 36. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied. WHEREFORE, Plaintiff respectfully request thatjudgement be entered in her favor and against Defendant. Date: qC HANDLER, HENNING & ROSENBERG, B - - y 0 s R. brroll, Esquire D. o.75895 31 Market Street t P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 VERIFICATION PURSUANT TO PA. R.C.P. NO 1024 (c) JAMES R. CARROLL, ESQUIRE, state that he is the attorney for the party filing the foregoing document; that he makes this Affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification anti/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ?b1?1 i J mes R. Carroll, Esquire C i CERTIFICATE OF SERVICE AND NOW, this l(' )""day of August, 1999,1 hereby certify that I have, on this date, served the within Response to New Matter of Defendant, by sending a true and correct copy of same to her attorney of record via first class United States mail, postage pre-paid and addressed as follows: C. William Shilling, Esquire DEVLIN, KAUFFMAN & SHILLING 100 Pine Street Suite 300 Harrisburg, PA 17101 HANDLER, HENNING & ROSENBERG, J By I Tricia J( Bela k, Paralegal i WIN - I( t , tl. I r LIII" - LL ? r11J (rte ?r1 ??'?r CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'P IN THE NATTER OF: COURT OF COMMON PLEAS BEVERLY BLATNIE TERM, -VS- CASE NO: 99-3407 P.ARNS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of C. WILLIAM SHILLING, ESQUIRE defendant 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 the 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: 06126/2000 /'?J C -1lv.L " "a , 64t- C. WILLIAM SHILLING, ESQUIRE Attorney for DEFENDANT DEII-188712 3 0 3 3.2 - L O 1. COMMONWEALTH 01;* PENN SYLVAN =A COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BEVERLY BLATNIK TERM, -VS- CASE NO: 99-3407 YARNS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. CRAIG W. FULTZ MEDICAL TO: STEPHEN G. GELD, ESQUIRE MCS on behalf of C. WILLIAM. SHILLING, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 0610512000 CC: C. WILLIAM SHILLING, ESQUIRE - 275-18429-WS Any questions regarding this matter, contact MCS on behalf of C. WILLIAM SHILLING, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE0Z-123681 3033-2-00:1L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEVERLY BLATNIK VS File No. 99-3407 KARNS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. CRAIG W. FULTZ (!:ame of Person or Entity) I Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA 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 C. WILLIAM SHILLING. ESOUIRE ADDRESS: 100 PINE STREET, SUITE 300 HARRISBURG PA 17101 TELEPHONE (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR. THE DEFENDANT DATI Seal of the Court E%PLA NAUON OF REQU[RED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. CRAIG W. FULTZ 99 NOVEMBER DRIVE ORTHOPEDIC SURGEONS CAMP HILL, PA 17011 RE: 30312 BEVERLY BLATNIK 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 : BEVERLY BLATNIK f Social Security #: 19342-0101 SII10-250510 3033.2-L03. tLi '<.. ?. ) Yy 7 i