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HomeMy WebLinkAbout99-037363 Vh i h e t ?? II C.1 v M o- AA V_ r.? Commonwealth of Pennsylvania County of Cumberland Patricia A. Clausen 85 Pine Street Dillsburg, PA 17109 Plaintiffs & Address PRAECIPE FOR A WRIT OF SUMMONS To the Prothonotary: Defendants & Address Please issue a Writ of Summons in the above-captioned case. Writ of Summons shall be issued and forwarded t ) Atto ey (Jr riff r Leslie D. Jacobson, Esquire LAW OFFICE OF LESLIE D. JACOBSON, 8150 Derry Street ignature of the Attorne} Harrisburg, PA 17111 ID No. 52673 (717)561-1515 Date: (e111a AY9 WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S) WAL-MART #1886 You are hereby notified that the Plaintiff has commenced as action against you. Date: j LuJ- LI• 14 J No. 19 Civil Action - (X) Law ( ) Equity Wal-Mart #1886 versus 6520 Carlisle Pike Mechanicsburg, PA 17055 By: Cr :!) JJ J %U V - W N Q J SHERIFF'S RETURN - REGULAR CASE NO: 1999-03736 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLAUSEN PATRICIA A VS. WAL-MART #1886 HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WAL-MART #1886 the defendant, at 15:30 HOURS, on the 23rd day of June 1999 at 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to R.C. FRANK (ASST. MANAGER) a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So an w Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 8.00 omas i e, ri $1.bb LESLIE1JACOBSON by epu y er Sworn and subscribe to before me this ly' day of u,,._ 19 ^9 A. D. rocnonocary SILVERMAN FRIMMER BERNHEIM & McDONNELL BY: Courtney A. Seda, Esquire Attorney I.D. No.: 76263 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215) 636-3985 Attorney for Defendant, Wal-Mart Stores, Inc. PATRICIA A. CLAUSEN V. WAL-MART STORES, INC CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 99-3736 (CIVIL) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, Wal-Mart Stores, Inc., in connection with the above-captioned matter. SILVERMAN & McDONNELL BY: a, 6?e Courtney A. Seda, squire Attorney for Defendant, Wal-Mart Stores, Inc. DATED: July 20, 1999 P:\XPCNMT S\11165\3 1165\510\p1ead\eoa CERTIFICATE OF SERVICE COURTNEY A. SEDA, ESQUIRE hereby certifies that a true and correct copy of the Entry of Appearance was served by United States first class mail, postage prepaid on July ?, 1999 to the counsel below named: Leslie D. Jacobson, Esquire Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 171 11 SILVERMAN FRIMMER BERNHEIM & McDONNELL B Y:: COURTNEY A. SED , ESQUIRE P:\WPM"\l=S\)1165\ 31165\S40\plead\eoa G? - 7. ? i J Wm rl a 0 E U O H a 0a U ; F4 N H U o w u M r M Ot u zz U C H N a H . 7 O ? 7 [v Z m o 0 E W 3 m N W W 5 N I N > ? d ro 0° a C W co N N H G 0 U m •• .i C H N Z a a q', M [aF z a 4 W N L1 G1 U W r? >. ? . m l4 w 0 RC W U) Z H a 10 O ' O N C 0 ko N H u d) u m r 10 a s4 X E ? ? 0 a .. y 0 1 -I . :? a w f] w a a a 3 i SILVERMAN FRIMMER BERNHEIM & MCDONNELL BY: Courtney A. Seda, Esquire Attorney I.D. No.: 76263 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215) 569-0000 Attorney for Defendant, Wal-Mart Stores, Inc. PATRICIA A. CLAUSEN V. WAL-MART STORES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 99-3736(CIVIL) PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. SILVERMAN FRIMMER BERNHEIM & McDONNELL BY: "/ Q' Courtney A. Se'dS, Esquire Attorney for Defendant, Wal-Mart Stores, Inc. P: \NPMn\MCS V 1165\] 1165\ 510\pl..d\ 12k J&dy a7, t'?9 RULE TO FILE COMPLAINT AND NOW, this day of ?. ?. i 1999, a Rule is hereby granted upon plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. Z-; PROTHONOTARY 6-1 J p? P:\WPCN \MCS\11165\31165\5401p lead\r2Lc u z H a w ? a z z F Z n H O o a O S s w U ?' a H N N O 3 ?. ?77 m 7 W ,0 W ?? a W E. ro? ° C fC ro ? O U E. ? ? N F H W .. . 1 U ? 7 y D a u z $4 ) W A U C) o r P4 a W G ? N % O O ° 1 • • + ? m Q w H l? H U .C 1 W N w y ?G m 01 4 w ?° >, a u[ c w >N c ro u w H u a ro M£ o a u u?? ? H r? m uz a a as ?- mwa 124 as PATRICIA A. CLAUSEN and HOWARD L. R. CLAUSEN, Plaintiffs, VS. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY,PENNSYLVANIA : NO. 99-3736 Civil CIVIL ACTION - LAW 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 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 ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)-249-3166 PATRICIA A. CLAUSEN and HOWARD L. R. CLAUSEN, Plaintiffs, V. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY,PENNSYLVANIA NO. 99-3736 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiffs, Patricia A. Clausen and Howard L. R. Clausen, by and through their attorney, Leslie D. Jacobson, and avers as follows: 1. Plaintiffs, Patricia A. Clausen and Howard L. R. Clausen, are adult individuals (husband and wife) who reside at 2100 Cedar Lane, Enola PA 17025. 2. Defendant, Wal-Mart Stores, Inc., is a professional corporation with a corporate office in Delaware and a principal business address of 702 West South Street, Bentonville, AR 72712. 3. At all times mentioned herein, Defendant was in exclusive possession, management, and control of the store, through its employees who were acting within the course and scope of their employment by Defendant and in furtherance of Defendant's business, located at 6520 Carlisle Pike, Mechanicsburg, PA 17055. 4. On or about July 06, 1997, Plaintiff was a business visitor to the store, and as she looked at fountains, there existed a pallet that partially blocked an aisle. When Plaintiff Patricia Clausen attempted to pass through the aisle, as a business invitee, Defendant owed Plaintiff a duty to maintain their premises in a safe manner. Plaintiff tripped over the pallet in a manner so severe that it resulted in serious and permanent injuries as set forth below. COUNT I: Patricia A. Clausen v. Wal-Mart (NEGLIGENCE) 5. Paragraphs 1-4 incorporated by reference herein. 6. Defendant breached their duty to Plaintiff in that the accident was caused exclusively and solely by the Defendant's negligence, carelessness, and recklessness in that: (a) Defendant caused or permitted the pallet to be placed in an area where it posed an unreasonable risk of injury to Plaintiff and other business visitors; (b) Defendant failed to make a reasonable inspection of the aisle which would have revealed the existence of the dangerous condition posed by the placement of the pallet. (c) Defendant failed to give warning of the dangerous condition posed by the placement of the pallet, erect barricades, or take any other safety precautions to prevent injury to the Plaintiff and other business visitors. (d) Defendant failed to remove the pallet from the aisle and keep the aisle clear of obstacles. (e) Defendant violated the ordinances of Silver Spring Township pertaining to the maintenance of retail shopping facilities. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff sustained injuries to her right knee which has led to two surgeries and rehabilitation, all of which has caused Plaintiff great pain and suffering, may continue for an indefinite time in the future and may be permanent. 8. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries. 9. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties and employment, to her financial detriment and loss. WHEREFORE, Plaintiff claims damages of the Defendant in an amount in excess of $ 35,000.00 (Thirty-five thousand dollars), together with costs. COUNT II: HOWARD L. R. CLAUSEN v. WAL-MART STORES. INC. 10. Paragraphs 1-9 are incorporated by reference herein. 11. As a result of defendant's negligence, Plaintiff Howard L. R. Clausen has been deprived of the society, companionship, contributions, and consortium of his wife Plaintiff Patricia A. Clausen, to his great detriment and loss. 12. As a result of defendant's negligence, Plaintiff Howard L. R. Clausen has incurred and will in the future incur large medical bills and expenses to treat his wife's injuries. 13. As a result of defendant's negligence, Plaintiff Howard L. R. Clausen has suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiff Howard L.R. Clausen demands judgment against defendant in an amount in excess of $ 35,000.00 (Thirty-five thousand dollars) exclusive of interest and costs. Date: uCy C Leslie D. Jacobsoq I Attorney for Plainjiiff ID # 52673 8150 Derry Street, Suite A Harrisburg, PA 17111 (717) 561-1515 VERIFICATION 1, Patricia A. Clausen, certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and belief. I further understand that false statements herein made are subject to criminal penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: /(Il'?q (?, 'VLr?udP Patricia A. Clausen CERTIFICATE OF SERVICE The undersigned paralegal employed by the LAW OFFICES OF LESLIE DAVID JACOBSON, hereby certifies that a true and correct copy of the foregoing Complaint has bb,e''e//n duly served on this i'!?day of /e+!NJf, 1999 by depositing same in the United States Mail, First Class, postage prepaid, addressed as follows: Courtney A. Seda, Esquire Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 By: Law offices of Leslie D. Jacobson Richard Mitchell, Paralegal 8150 Derry Street, Suite A Harrisburg, PA 17110 (717) 561-1515 r C h- ? n -cn ? 6 y6 W W Z > F P4 F o H O U W ar w 1 44 y y? N A M ?y Ql?y ? H 0U c 3 Awe v o m v? Ha FF z k7 m ? ? a ? H n„I E i z w > 3 i i x LAW OFFICES LESLIE D. JACOBSON 815013ERRY STREET HARRISBURG. PA 17111.5260 (717) 561-1515 N..4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN TERM, 0000 -VS- CASE NO: CV-99-3736 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, 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: 8/23/99 ??Lunf-xa' ?../ COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DE11-125310 0 4 8 2 5- L O 1 COMMONWEALTH OP P E N N S YL VAN IA COUNT Y OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN -VS- WAL-MART STORES, INC. TERM, 0000 CASE NO: CV-99-3736 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MARK MCDONALD PT MARK A GUENIN MD COMMUNITY GEN. HOSPITAL COMMUNITY GEN. HOSPITAL DR.AUGUSTUS J.PAPANDREA MD TO: LESLIE JACOBSON, ESQUIRE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MCS on behalf of COURTNEY SEDA, 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: 8/03/99 MCS on behalf of CC: COURTNEY SEDA, ESQUIRE - 540 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-098681 0 4 8 2 5- C O 2. 9290IIIM II9 Or PONSIMAAtm? cmwr or ammmum PATRICIA CLAUSEN File No.fCV-99-3736 VS. WAL-MART fOR D I SODVERV a eytykM In MA R 4009 22 TO: CUSTODIAN OF RECORDS FOR: MARK MCDONALD,PT. %-m or rerson or Entity) within twenty (20) days after service of this subpoena, you an ordered by the court to Produce the following doWlents or things: SEE ATTACHED et THE MCS GROUP, INC., 1601 MARKET STREET SUITE , (Address) You nay deliver or mail legible copies of the doo wts or produce things requested bi this subpoena, together with the certificate of empliena, to the party rtrking thin 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 doCurants or things required by this subpoena within twem (20) days after its service, the party saving this subpoena may seek a cart orde =rpeliits you to coeply with it. THIS SUBPCEm wAS ISSUED AT THE REMEM Of THE FOLLOwINO PERSON: NAME: COURTNEY SERA, ESQUIRE AOORESSTWO PENN CENTER PLAZA SUITE 910 PHILADELPHIA,PA• 19102 TELFPMOW: (215) 246-0900 SPREME GMAT 10 M ATMA EY FOR: THE DEFENDANT OATEs j4t-, 3041 1 R913 Seal of the Cart BY TW am=: Protho Lary/C , iv Division Deputy (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARK MCDONALD PT 899 SOUTH ARLINGTON AVE HARRISBURG, PA 17109 RE: 04825 PATRICIA CLAUSEN INCLUDE AND AND ALL DIAGNOSTIC STUDIES AND RADIOLOGIC FILMS. Any and all records, correspondence, files and memorandums, handwritten 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 : PATRICIA CLAUSEN 86 PINE STREET, DILLSBURG, PA 17109 Social Security #: 179-44-3136 Date of Birth: 05-22-53 SU10-204454 0 4 8 2 5- 1-0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN TERM, 0000 -VS- CASE NO: CV-99-3736 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, 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: 8/23/99 COURTNEY SEDA. ESQUIRE Attorney for DEFENDANT DE11-125311 04825-1,02- COMMONWEALTH O Ev P E N N S YL VAN TA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN -VS- WAL-MART STORES, INC. TERM, 0000 CASE NO: CV-99-3736 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MARK MCDONALD PT MARK A GUENIN MD COMMUNITY GEN. HOSPITAL COMMUNITY GEN. HOSPITAL DR.AUGUSTUS J.PAPANDREA MD MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) TO: LESLIE JACOBSON, ESQUIRE MCS on behalf of COURTNEY SEDA, 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: 8/03199 MCS on behalf of CC: COURTNEY SEDA, ESQUIRE - 540 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 0800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-098681 0 4 8 2 5- C O 1 9900ftw*a8 or enaslQ jVAM cTxamr ae aa?lo PATRICIA CLAUSEN File No, #CV-99-3736 VS. WAL-MART TD: CUSTODIAN OF RECORDS FOR: MARK A. GUENIN,M.D. %mwm or rrson or Entity) Within twenty (20) days after service of this abpoans, you an ordered by the cat to produce the following documents or hinge: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET SIIIT , (Address) You may deliver or mail legible copies of the dominants or produce things requested bl 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 fai 1 to wvdmxe the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court ordar campelIits you to comply with it. THIS SUBPOENA WAS IS& AT TM REQUEST OF THE FOLLQrINO PERM NAM: COURTNEY SERA, ESQUIRE AGMSSIWO PENN CENTER PLAZA SUITE 910 PHILADELPHIA,PA. 19102 TELEpHM. (215) 246-0900 SUPFAM OOUtT ID • ATTGRiEY FOR: THE DEFENDANT DATE: 301" KM Seal of the Oourt fly TFE OOliiTs ? ftvthwWt@ry/ef4", 1 1 Division (Eff. 1/91) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARK A GUENIN MD TRISTAN ASSOC. 4518 UNION DEPOSIT R HARRISBURG, PA 17111 RE: 04825 PATRICIA CLAUSEN INCLUDE ANY AND ALL DIAGNOSTIC STUDIES AND RADIOLOGIC FILMS. Any and all records, correspondence, files and memorandums, handwritten 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 : PATRICIA CLAUSEN 86 PINE STREET, DILLSBURG, PA 17109 Social Security #: 179-44-3136 Date of Birth: 05-22-53 SU10-204456 0 4 8 2 5- L O 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN TERM, 0000 -VS- CASE NO: CV-99-3736 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, 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: 8/23/99 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT DE11-125312 04825-1-03 COMMONWEALTH O V PENNSYLVANIA COUNTY OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN -VS- WAL-MART STORES, INC. TERM, 0000 CASE NO: CV-99-3736 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MARK MCDONALD PT MARK A GUENIN MD COMMUNITY GEN. HOSPITAL COMMUNITY GEN. HOSPITAL DR.AUGUSTUS J.PAPANDREA MD MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) TO: LESLIE JACOBSON, ESQUIRE MCS on behalf of COURTNEY SEDA, 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: 8/03199 CC: COURTNEY SEDA, ESQUIRE - 540 MCS on behalf of COURTNEY SEDA. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET #800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-098681 0 4 8 2 5- C O 1 !i RTM or VaAffammm cortex or ammmmv - PATRICIA CLLUSEN File No. =CV-99-3736 VS. WAL-MART ;BHA Tn Pk:rYr err ,w. .` F09 D1900NERV aegywp TD a e '009.22 TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC . .••?••? .., rurgan or entity) Within twenty (20) days after service of this s:bmm, you are ordered by the cart to WVdcs the following domrnwts or this: SEE ATTACHED at _THE MCS GROUP, INC., 1601 MARKET STREETS EPRIX, (Address) You may deliver or nail legible copies of the d00VWnt9 or PvdUce things requested bn this subpoena, together with the cart ificate of canpli - , , to the party making thin request at the address listed above. You have the right to sort in advance the reasonable cost of preparing the copies or Mvducing the things sought. If you fail to produce the docunents or things required by this suhpoena within twenty (20) days after its service, the party srving this subpoena Ieay seek a cart order carpel l ing you to ccmly with it. THIS SLePCM WAS ISS1JEfl AT TN! MAN= OF THE Fa-LOwma PERSON: NW: COURTNEY SEDA, ESQUIRE AM ESSjrW0 PENN CENTER PLAZA SUITE 910 PHILADELPHIA, PA. 19102 TELEPHONE: (215) 246-0900 SJT40E 0"r ID i1 ATTORNEY FOR: THE DEFENDANT DATE:- ?- " 3o+1 l c)qq Seal of the Cart BY TFE CCtJ1iTs Protho otary/ k, iv 1 Division (aft. 7/91) EXPLANATION OF REQUIRED TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GEN. HOSPITAL 4300 LONDONBERRY RD. HARRISBURG, PA 17109 RE: 04825 PATRICIA CLAUSEN Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject : PATRICIA CLAUSEN 86 PINE STREET, DILLSBURG, PA 17109 Social Security #: 179.44-3136 Date of Birth: 05-22-53 SU10-204458 04825-1,03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN TERM, 0000 -VS- CASE NO: CV-99-3736 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, 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: 8/23/99 COURTNEY SEDA ESQUIRE Attorney for DEFENDANT DE11-125313 04825-1,04 C0M120D WEALTH OF PENNSYI VANTA COUNT Y O V CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN -VS- WAL-MART STORES, INC. TERM, 0000 CASE NO: CV-99-3736 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MARK MCDONALD PT MARK A GUENIN MD COMMUNITY GEN. HOSPITAL COMMUNITY GEN. HOSPITAL DR.AUGUSTUS J.PAPANDREA MD MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) TO: LESLIE JACOBSON, ESQUIRE MCS on behalf of COURTNEY SEDA 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: 8103199 CC: COURTNEY SEDA, ESQUIRE - 540 MCS on behalf of COURTNEY SEDA ESQUIRE Attorney foc DEFENDANT Any questions regarding this matter, contact 1THE 601MMARKET USTREET #800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-098681 0 4 8 2 5- C O 1 : eras OP PDad>Q.Y111m1 COLIM Or CUMEMMA D File plp,ICV-99-3736 PATRICIA CLAUSEN i VS. VAL-MART SUBPOBIA TO PR=)CE DOMMIS OR THIN= FOR DISCOVERY PURSI uNT TO 1 4009 22 TO: nncTnnTAN nF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC (Noma of Parson or Entity) Within twenty (20) days after service of this abposns, You we ordered by the tout to produce the following dooLmw is or thing.: SEE ATTACHED at _TRE MCS GROUP, INC., 1601 MARKET STREET SUITEF-BUU 101M (Addraas) You may deliver or mail legible copies of the doansnts or produce things requested bl this subpoena, together with the certificate of oaMliana, to the PentY melting Chit 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 prodtxe the doanrnts or things required by this subpoena within !went) (20) days after its service, the party serving this sbpoe s may ao* a cart order compiling you to comply with it. THIS SLWCENA WAS ISSM AT TM RECIJEST CF THE FCLL0MIN0 PERWt ADDRESS: Tun PENN (:ENTER EL&Z SIIITE 910 PT:TT.AnFm.PATA-PA_ 19102 TELENOC fimr% 2Am;_nonn SJW409 COAT ID M ATTCOMY FOR: TPV nIMMMANT DATE: ' t" 3O? I ) 999 Seal of the Oou't By TW caw Protho :, CV 1 division (Eft. r/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GEN. HOSPITAL 4300 LONDONBERRY RD. HARRISBURG, PA 17109 RE: 04825 PATRICIA CLAUSEN INCLUDE ANY AND ALL DIAGNOSTIC STUDIES AND RADIOLOGIC FILMS. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject : PATRICIA CLAUSEN 86 PINE STREET, DILLSBURG, PA 17109 Social Security #: 179-44-3136 Date of Birth: 05-22-53 SU10-204460 0482-5-1-04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN TERM, 0000 _vs- CASE NO: CV-99-3736 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA 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 he 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: 823/99 COURTNEY SEDA ESQUIRE Attorney for DEFENDANT DE11-125314 0 4 8 2 5- L 05 O NwEAL T H O F pE N N S YLVAN Zp' COrRl"ICOiJNTY OF GiJM$EILLAND IN THE MATTER OF: PATRIClA CLAUSEN vs- MART STORES. INC. COURT OF COMMON PLEAS TERM. 0000 CASE N0: CV-99-3736 t. e TU air--- RAY(S) NOTICE OF IEIiT MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING. AND X-RAY(S) MCDONALD PT MEDICAL AND HOSPITAL BILL MARR A GUEG NENOSPITAL X-RAY ONLY AND X-RAY(S) COMMUNITY • BILLING, COMMUNITY GEN. HOSPITAL MEDICAL, DR.AUGUSTUS J.PAPANDREA a subpoena UIRE intends to serve (20) ES UIRE You have twenty TO: LESLIE JACOBSCO TNEY SEDA. this notice. serve upon the attached t° file of record i5n made the suhooena MCS on behalf of a that is which to ection procedure identical to the onlisted below in if no obj of Civil date • Lvania Rules ed at your days from the objection to the subpoena be order MCS or undersigne d an to the applicable Pennsy a to b served pursuant of any reproduced records may counsel card and returning same may co ies 4009.24. Compleieting the attached expense by comp CS office. by contacting our Local M DATE: 8103199 - 540 CC: COURTNEY SEDA. ESQUIRE MCS on behalf of SEDA, ES UIRE COURTNEY DEFENDANT Attorney for THE NCS GROUP, INC' matter, contact 1601 MA 'ME' STREET arding this ma[. 1800 19103 Any questions reg pHILADELPHIA PA (215) 246-0900 DE02-098681 0 4 8 2 5- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN TERM, 0000 -VS- WAL-MART STORES, INC. CASE NO: CV-99-3736 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MARK MCDONALD PT MARK A GUENIN MD MEDICAL, BILLING, AND X-RAY(S) COMMUNITY GEN. HOSPITAL MEDICAL, MEDICAL BILLING, AND X-RAY(S) COMMUNITY GEN. HOSPITAL AND HOSPITAL X-RAY ONLY BILL DR.AUGUSTUS J.PAPANDREA MD MEDICAL, BILLING, AND X-RAY(S) TO: LESLIE JACOBSON. ESQUIRE MCS on behalf of COURTNEY SEDA 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: 8/03/99 MCS on behalf of COURTNEY SEDA ESQUIRE Attorney for DEFENDANT CC: COURTNEY SEDA, ESQUIRE - 540 Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-098681 0 4 8 2 5- C O L Commobo 11l m Or PENNO QAWXM COUNT OF CIlBEMAtO PATRICIA CLAUSEN File No.#cv-99-3736 VS. VAL-MART FOR DISCOVERY PLMSA4T TO M 4009.22 To: CUSTODIAN OF RECORDS FOR: AJ PAPANDREA, JR., M.D./ DEVONSHIRE FAMILY HEALTH (Mama of Person or Entity) Within twenty (20) days after service of this subpoena, you we ordered by the court to produce the following domments or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET SUITE# 800 PHIIADELPHTA,PA.19103 (Address) You may deliver or mail legible copies of the documents or produce things requested br, this subpoena, together with the crtificats of camliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonable cost of prewparing the copies or producing the things sought. If you fail to produce the doaanents or things required by this subpoena within teentl (20) days after its service, the party serving this subpoena may seek a curt order .' 1: 11 irg you to amply with it. TM 1S SUBPOENA WAS IS9 AT THE REaEST OF 116E FOUAWINS PER9011: NAM:COURTNEY SEDA, ESQUIRE AMMSSW PENN CENTER PLAZA SUITE 910 PHILADELPHIA,PA. 19102 TELEP16pW: (215) 246-0900 SUmme com 10 U! ATTCANEY FCR. THE DEFENDANT DATE: 4Z-1 zdn , /994 Seal of the Cart By TIE COtS1Ta jwly-A Protho tsry/ s, 1 1 Division (Eff. 1/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR.AUGUSTUS J.PAPANDREA MD DEVONSHIRE FAM.HEALTH CTR 4300 DEVONSHIRE RD HARRISBURGH, PA 17109 RE: 04825 PATRICIA CLAUSEN INCLUDE ANY AND ALL DIAGNOSTIC STUDIES AND RADIOLOGIC FILMS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: from: 41-00-00 to the present. Subject : PATRICIA CLAUSEN 86 PINE STREET, DILLSBURG, PA 17109 Social Security #: 179-44-3136 Date of Birth: 05-22-53 SU10-204462 0482-5-L 05 ;; -, Vii: c^ (?? O of i? i CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN TERM, 0000 -VS- CASE NO: CV-99-3736 WAL-MART STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of COURTNEY SEDA, 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: 8/26/99 COURTNEY SEA, ESQUIRE Attorney for DEFENDANT DE11-126204 0 4 4 7 4- L O 1 COMMONWEALTH (DP PENN SYLVAN = A COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA CLAUSEN -VS- TERM, 0000 CASE NO: CV-99-3736 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS REX A. HERBERT, D.O. MEDICAL, BILLING, AND X-RAY(S) TO: LESLIE JACOBSON, ESQUIRE MCS on behalf of COURTNEY SEDA, 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: 8/06/99 MCS on behalf of CC: COURTNEY SEDA, ESQUIRE - 540 COURTNEY SEDA, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-098977 04474-C01- c?cN?lras ar t?sllr?rlum? c ZIM as gMMtrAM WAL MART File No. CV_99-736 VS. PATRICIA CLAUSEN SAPOENA f0ir D I SOONERY p eytywr RITE 4009 99 TO: CUSTODIAN OF RECORDS FOR: REX A. HERBERT, DO. %nwm yr reraon or Entity) Within twenty (20) days after service of this subposrw, you we ordered by the court to Produce the following dawnents or things: SEE ATTACHED at -THE MCS GROUP , INC, 1601 MARKET ST. SUITE# 800 PHILADELPHIA,PA.19103 (Add ass) You may deliver or mail legible copies of the documrnts or produce things requested by this subpoena, together with the certificate of oarplience, 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 doanrnts or things by this subpoena within twenty (20) days after its service, the party servingis rewired subpoena may seek a court order compelling you to amply with it. THIS SUBPOENA WAS ISSI!® AT THE RBOST OF TFE FOLLOWING PERSON: NAME: COURTNEY SEDA, ESQUIRE AMMSS: TWO PENN CENTER PLAZA SUITE# 910 PHILADELPHIA,PA. 19102 TELEpHONE: (215) 246-0900 SIAWee =AtT 10 M ATTOF46Y FOR: THE DEFENDANT BY TM OOM: DATE:_011A,")- 3 /499 Sea of the Oart lAin? 2 L=Zi ?.-- P?rothonotary/CI , Civil Division Deputy (Eff. 1/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: REX A. HERBERT, D.O. 805 SIR THOMAS COURT HARRISBURG, PA 17109 RE: 04474 PATRICIA CLAUSEN INCLUDING DIAGNOSTIC STUDIED, AND OTHER RADIOLOGIC FILMS. Any and all records, correspondence, files and memorandums, handwritten 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 : PATRICIA CLAUSEN 85 PINE STREET, DILLSBURG, PA 17109 SU10-205138 04474-L 03. cr I; 4..t G_' I1 J r C[ `? iil !) po SILVERMAN FRIMMER BERNHEIM & McDONNELL BY: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 BY: Courtney A. Seda, Esquire Attorney I.D. No.: 76263 Two Penn Center Plaza - Suite 910 Philadelphia, PA 19102 (215) 569-0000 Attorneys for Defendant, Wal-Mart Stores, Inc. PATRICIA A. CLAUSEN and HOWARD L. R. CLAUSEN CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiffs, v. WAL-MART STORES, INC. Defendant. CIVIL ACTION - LAW NO. 99-3736 (CIVIL) DEFENDANT WAL-MART STORES, INC.'S NOTICE OF REMOVAL TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TO: Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PLEASE TAKE NOTICE that this action has been removed to the United States District Court for the Middle District of Pennsylvania. Attached hereto is a copy of the Notice of I' `N'IWNFP I Nk'N\I IM 111111 1 q Id¢.W tlN, Removal filed with the Clerk of the United States District Court for the Middle District of Pennsylvania effectuating such removal. PLEASE TAKE FURTHER NOTICE that, in accordance with 28 U. S.C. §1446(d), the Court of Common Pleas of Cumberland County shall not proceed any further in this action unless and until the action is remanded by the United States District Court for the Middle District of Pennsylvania. SILVERMAN FRIMMER BERNHEIM & McDONNELL A ?' k BY: ICiti. ?"1 Patrick J. McDonnell, Esquire Courtney A. Seda, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. DATE: September 16, 1999 P 'WI NPIWNII 110,31Irt?N NI'Pl.al nkc 2 (Rev. 07158) LAVIL UUVtH Jf1tt1 - ."T The JSy ekiil char ara rind for inlonnetien ran alhH, hohim wibal rePMa nor b olAm"t it, Olt" .,id wnkr of plredinp o, Omer hear rao r uirad by IM, r.Wi of prv.idrd by loran NW of court. Thu lamb, aa rbwd W Ae Atsial Canfrrraa Of ea United Shin 41 SrPtanba 1974, n nh uiro, for h ew of " acre of Cain lo, no hurhwa of aurfbih.9 Me 6.11 chew p=at: [SEE INSTRUCTIONS ON THE REVERSE OF THE FORMI I (a) PLAINTIFFS PATRICIA A. CLAUSEN and HOWARD L. R. CLAUSEN 2100 Cedar Lane Enola, PA 17025 (13) CDUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (EXCEPT IN U.S. PLAINTIFF CASES) DEFENDANTS WAL-MART STORES, INC. 702 S.W. Eighth Street Bentonville, AR 72716 COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT Benton, AR NOTE: IN LAND CONDEMNATION CASSE USE THE LOC TON OF THE (:N U.S. PLAINFF TRACT OF LAND INVOLVED (C) ATTORNEYS (FIRM NAME. ADDRESS. AND TELEPXONENUMBER) i YS(IFKNOWN) Patr ck J. McDonnell, Esquire Leslie D. Jacobson, Esquire ey A. Seda, Esquire ' 8150 Derry Street - Suite A Office Plaza - Suite 704 Harrisburg, PA 17111 Z216 ddon Avenue (717) 561-1515 nt, NJ 08108-2615; (609) 858-9499 11. BASIS OF JURISDICTION HIP OF PRINCIPAL PARTIES 1 US. Gowmmem C 3 Federal Duesflon ases only) sty gN111aFM1e OlE aoarw OnE,bN7ri Plaintiff (U.S. Government Not a Party) I>TF DEF 0 2 U.S. Gowmmem xa A Diversity, PTF OEF Cit an of This State §1 01 Inl:erperated w Principal Plac, 04 04 Defendant (Dote Citizenship of Parties in Item 111) of Business In This State CRlbn of Another State ? 2 0 2 Ineoryoratodalld Principal Platy 0 5 yo 5 Of Business in Another Stab Cltlmn or Counter of a 03 03 Foreign Nation 08 06 Foreign Country, IV. CAUSE OF ACTION ram t uu?.7aura epn e,o w RRUw t w Ea.REF?? 0o Hor OIE AROdCnpNti ssmnrZ l.aea oNetrtq Diversity of Citizenship - 28 U.S.C. Section 1322 V. RAI UMt UP' SIJI I (PLACEAN x IN ONE BOX 01110 eahauv ? 720 err.a PERSONAL INJURY PERSONAL INJURY 0 ]10 Awan _.-__-_. UMOAphomura 0 &2D oar Food a D ••"••,•"•'• ? 42 sluurea 7400 mr ? 11]0 eerp Ae ? 375 ? ]62 0625 Orhi Rwlap Samtr. a C Ise 6 Rrappraraaa 0140 afa a am behery 0365 hoofurYzl05Cmt 042...i 0410 Almon 0150 0 320 Above top a 0630 umvx Le a 0430 eats we Smile 0368 064D RRa Trvdt P 7450 C...itc: Ream, Aorhow ? 330 Faa E n;*, 0650Altar R.ia j flIGNiS Y 7460 tl M.haaAd Uddr, La o ?66oocutaeohN 1362 0470 RaprOr s.,.,ae ar 0152 1l ' ai opnaa b r, 0 340 ?nlaamh ? s lieu.. lma 0345 Mw Nohb PERSONAL PROPERTY n 690 p g jiea 0 610 a (ES1 0153 Rroowry 0370 oar Fah Looft 0350 Now, Yrl13]71 Tealnl.piq UBOR SoCURITY 7650 sahata2or.maae a Mwna e.wa ? 160 s m.n6,15 0355 e4ay W13]60 Oar Pwrrr 0710 Fb laaar Saoua 1366 MM 0675 Cheer ClWria 0 190 Car Fnoaa )b 360 b=ar F Lbible x ? 365 p ? 720 t ?m nAPrR o 6863 OOWC*Lv? ,,v?ymfy) 7 1 am 0195 Cocas Phmb la=Mr R a 13 664 SSro1w %n . REAL PROPERTY C1NL RIGHTS PRISONER PETITIONS 0 730 =& ? 665 R9 (40a) am Eiwaaarr - Mmaa D 0220 FVreaur 0441 vea9 0 442 0510 MRrarear ^2 0740RMnylaeb FEDERAL TAXSIIITS EM 0US Fradon,0 M e i Ea.. ? 2400 ba b t ? AA3 Hove a Ivaa CnPti An ? 790 door tabor . 0 870 Tow rus. Prm As 0 900 AaalolFw Oawrarm a 0 245 Ton Praeu taoibl 0 44 AinnI aama 0 m Oa.p ?791 Emht o" un ? 671 Q0a50+?aThre grry Unwom Ewl Ate s b 0290 MCar R.Y NOaarhY 0440 Car Cry Rib 00525 $25M boop Cho, S=ony m: atls M 09500= a 0 S60 Ono, 0 690 =20N." VI. ORIGIN (PLACE AN x IN ONE 3OX ONLY) Appeal to District Ttarslened from 0 7 AWIN, from ? 1 O" M 2 Removed horn 0 3 Reminded from 0 4 Reirsteted a 0 5 another disinet 0 6 Mtd06stria Magistrate P roceeding Sbb Can A "Aare Gam Reopened (SpecNy) Litigation Azvffw t VII. REQUESTED IN CHECK IF THIS IS ACLASS ACTION DEMAND$ Crack YES any it demanded ofmmptel'm: COMPLAINT: O UNDER F.R.C.P. 23 in excess Of $75,000.00 JURY DEMAND: MYES ?NO Vlll. RELATED CASE(S) (se, i hOu tw m): IF ANY JUDGE DOCKET NUMBER DATE SIGNATCpE OF ATTO fNFY OF RECORT1 / ' September 17, 1999 1/ n',f I _ Q . N L ' UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA PATRICIA A. CLAUSEN and CIVIL ACTION - LAW HOWARD L. R. CLAUSEN Plaintiffs, V. WAL-MART STORES, INC. NO. Defendant. DEFENDANT WAL-MART STORES INC.'S NOTICE OF REMOVAL Defendant, Wal-Mart Stores, Inc. ("Wal-Mart"), files this Notice ofRemoval pursuant to 28 U.S.C. § 1441(a) and (b) to remove this action from the Court of Common Pleas of Cumberland County, Docket No.: 99-3736, in which it is now pending, to the United States District Court for the Middle District of Pennsylvania, and in support thereof states as follows: On orabout June 16, 1999, plaintiffPatricia Clausen filed a Praecipe for a Writ of Summons in the Court ofCommon Pleas of Cumberland County ("the County Action") which was issued by the Prothonotary and served upon Wal-Mart on or about June 21, 1999. Subsequently, on August 24, 1999, plaintiffs filed a Complaint which was served upon Wal-Mart on or about August 25, 1999. A copy of the Complaint is attached to this Notice of Removal as Exhibit "A". Plaintiffs allege that plaintiff Patricia Clausen was injured on defendant's premises when she allegedly tripped on a pallet and sustained injuries to her right knee which has led to two surgeries and rehabilitation, all of which has caused plaintiff great pain and suffering and may continue for an indefinite time in the future and may be permanent. (Complaint, Count I, ¶7). Plaintiff further claims that she has and will in the future be unable to attend her usual and daily duties and employment, to her financial detriment and loss. (Complaint, Count 1, ¶9). Plaintiff Patricia Clausen is seeking damages in excess of $35,000 together with costs. 3. Plaintiff, Howard L. Clausen, alleges that lie has been deprived of the society, companionship, contributions, and consortium of his wife Patricia Clausen to his great detriment and loss. (Complaint, Count II, ¶11). Plaintiff, Howard Clausen, further alleges that he has incurred and will incur large medical bills and expenses to treat his wife's injuries. (Complaint, Count 11, ¶12). Finally, plaintiff alleges that he has suffered a disruption of his daily habits and pursuits and a loss of enjoyment of life. (Complaint, Count 11, ¶13). Plaintiff, Howard Clausen, also demands damages in excess of $35,000. 4. On July 7, 1999, attorneys for defendant Wal-Mart sent to plaintiffs' counsel a Stipulation Limiting Damages to Avoid Removal of the Matter to Federal Court. A copy of the Stipulation Limiting Damages to Avoid Removal of the Matter to Federal Court is attached to this Notice as Exhibit "B". 5. On July 14, 1999, counsel for plaintiffs advised counsel for Wal-Mart by correspondence that plaintiffs could not enter into the Stipulation limiting damages to an amount less than $75,000.00 and would only agree to cap damages at $250,000. A copy of plaintiffs' July 14, 1999 correspondence is attached to this notice as Exhibit "C". Thus, defendant has a further basis for its good faith belief that plaintiffs are seeking damages in excess of $75,000.00 and the jurisdictional requirements for removal are met. 6. Removal from the Court of Common Pleas of Cumberland County is proper under 28 U.S.C. § 1441(6) which authorizes the removal of any civil action if "none of the parties in interest properly joined and served as a defendant is a citizen of the state in which such action is brought'. 7. Wal-Mart is a corporation organized under the laws of the State of Delaware with its principal place of business in the State of Arkansas and as such is not a citizen of the Commonwealth of Pennsylvania. Plaintiffs are citizens and residents of the Commonwealth of Pennsylvania. WHEREFORE, defendant, Wal-Mart, respectfully requests that the County Action be removed from the Court of Common Pleas of Cumberland County to the United States District Court for the Middle District of Pennsylvania. SILVERMAN FRIMMER BERNHEIM & McDONNELL ?F BY: ? 1 ? eM I I iz < Patrick I. McDo nell, Esquire Courtney A. Seda, Esquire Attorney I.D. Nos.: 62310/76263 Two Penn Center Plaza - Suite 910 Philadelphia, PA 19102 (215) 636-3985 Attorneys for Defendant, Wal-Mart Stores, Inc. DATED: September 16, 1999 CERTIFICATE OF SER%7CE COURTNEY A. SEDA, ESQUIRE hereby certifies that a true and correct copy of Defendant, Wal-Mart tores, Inc.'s, Notice of Removal was served by United States first-class mail, postage prepaid on G / 1 to the counsel below named: Leslie D. Jacobson, Esquire Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 171 11 SILVERMAN FRIMMER BERNHEIM R McDONNELL BY: COURTNEY A. EDA, ESQUIRE Exhibit A PATRICIA A. CLAUSEN and HOWARD L. R. CLAUSEN, Plaintiffs, VS. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY,PENNSYLVANIA NO. 99-3736 Civil CIVIL ACTION - LAW 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 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 ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)-249-3166 PATRICIA A. CLAUSEN and HOWARD L. R. CLAUSEN, Plaintiffs, V. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY,PENNSYLVANIA NO. 99-3736 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiffs, Patricia A. Clausen and Howard L. R. Clausen, by and through their attorney, Leslie D. Jacobson, and avers as follows: Plaintiffs, Patricia A. Clausen and Howard L. R. Clausen, are adult individuals (husband and wife) who reside at 2100 Cedar Lane, Enola PA 17025. 2. Defendant, Wal-Mart Stores, Inc., is a professional corporation with a corporate office in Delaware and a principal business address of 702 West South Street, Bentonville, AR 72712. At all times mentioned herein, Defendant was in exclusive possession, management, and control of the store, through its employees who were acting within the course and scope of their employment by Defendant and in furtherance of Defendant's business, located at 6520 Carlisle Pike, Mechanicsburg, PA 17055. On or about July 06, 1997, Plaintiff was a business visitor to tite store, and as she looked at fountains, there existed a pallet that partially blocked an aisle. When Plaintiff Patricia Clausen attempted to pass through the aisle, as a business invitee, Defendant owed Plaintiff a duty to maintain their premises in a safe manner. Plaintiff tripped over the pallet in a manner so severe that it resulted in serious and permanent injuries as set forth below. COUNT 1: Patricia A. Clausen v. Wal-Mart (NEGLIGENCE) 5. Paragraphs 1-4 incorporated by reference herein. 6. Defendant breached their duty to Plaintiff in that the accident was caused exclusively and solely by the Defendant's negligence, carelessness, and recklessness in that: (a) Defendant caused or permitted the pallet to be placed in an area where it posed an unreasonable risk of injury to Plaintiff and other business visitors; (b) Defendant failed to make a reasonable inspection of the aisle which would have revealed the existence of the dangerous condition posed by the placement of the pallet. (c) Defendant failed to give warning of the dangerous condition posed by the placement of the pallet, erect barricades, or take any other safety precautions to prevent injury to the Plaintiff and other business visitors. (d) Defendant failed to remove the pallet from the aisle and keep the aisle clear of obstacles. (e) Defendant violated the ordinances of Silver Spring Township pertaining to the maintenance of retail shopping facilities. 7. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff sustained injuries to her right knee which has led to two surgeries and rehabilitation, all of which has caused Plaintiff great pain and suffering, may continue for an indefinite time in the future and may be permanent. 8. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties and employment, to her financial detriment and loss. WHEREFORE, Plaintiff claims damages of the Defendant in an amount in excess of $ 35,000.00 (Thirty-five thousand dollars), together with costs. COUNT IT: HOWARD L. R. CLAUSEN v. WAL-MART STORES INC 10. Paragraphs 1-9 are incorporated by reference herein. 11. As a result of defendant's negligence, Plaintiff Howard L. R. Clausen has been deprived of the society, companionship, contributions, and consortium of his wife Plaintiff Patricia A. Clausen, to his great detriment and loss. 12. As a result of defendant's negligence, Plaintiff Howard L. R. Clausen has incurred and will in the future incur large medical bills and expenses to treat his wife's injuries. 13. As a result of defendant's negligence, Plaintiff Howard L. R. Clausen has suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiff Howard L.R. Clausen demands judgment against defendant in an amount in excess of $ 35,000.00 (Thirty-five thousand dollars) exclusive of interest and costs. llate: *If ? L Leslie D. Jacobson/ I Attorney for Plain i f ID # 52673 8150 Derry Street, Suite A Harrisburg, PA 17111 (717) 561-1515 VERIFICATION 1, Patricia A. Clausen, certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and belief. I further understand that false statements herein made are subject to criminal penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: j'ZV117q a ' Patricia A. Clausen CERTIFICATE OF SERVICE The undersigned paralegal employed by the LAW OFFICES OF LESLIE DAVID JACOBSON, hereby certifies that a true and correct copy of the foregoing Complaint has bbeXe/n duly served on this k 1999 by depositing same in the United States Mail, First Class, postage f'! day of Y- I prepaid, addressed as follows: Courtney A. Seda, Esquire Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 By: A& t, -&X - Law offices of Leslie D. Jacobson Richard Mitchell, Paralegal 8150 Derry Street, Suite A Harrisburg, PA 17110 (717) 561-1515 Exhibit B SILVERMAN FRIMMER BERNHEIM & McDONNELL BY: Courtney A. Seda, Esquire Attorney I.D. No.: 76263 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215) 569-0000 Attorney for Defendant, Wal-Mart Stores, Inc. PATRICIA A. CLAUSEN and HOWARD L. R. CLAUSEN CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiffs, V. WAL-MART STORES, INC. CIVIL ACTION - LAW NO. 99-3736 (CIVIL) Defendant. STIPULATION TO LIMIT DAMAGES THE PARTIES hereby understand and accept the following: • Defendant Wal-Mart Stores, Inc. ("Wal-Mart") has the right, pursuant to 28 U.S.C. § 1441, to remove this matter to Federal Court; • Wal-Mart is willing to forego that right in exchange for the agreement of all parties to limit the damages which the plaintiffs are entitled to recover, if any; and • In reliance upon the express agreement of all parties to the limitation of damages set forth herein, Wal-Mart will agree not to exercise its right to remove this matter to Federal Court. P:\YP=\WCS\11165\11165\54S\ple.0\6110 THEREFORE, on this day of September, 1999, the parties hereby STIPULATE AND AGREE that the full amount and/or value of any and all damages to which the plaintiffs may be entitled in this matter shall not exceed Seventy-Five Thousand Dollars ($75,000.00). LAW OFFICE OF LESLIE D. JACOBSON Date: Date: Leslie D. Jacobson, Esquire Attorney for Plaintiffs, Patricia A. Clausen and Howard L. R. Clausen SILVERMAN FRIABUR BERNIZIM S McDONNELL Courtney A. Seda, Esquire Attorney for Defendant, Wal-Mart Stores, Inc. /?\Mppl2f\W^3\]1]65\]1165\Sao\p1aaC\p?16 Exhibit C LAW OFFICES OF LESLIE DAVID JACOBSON 8150 DERRY STREET SUITE A LESLIE DAVID JACOBSON HARRISBUR G, PA 17111.5260 ALLEN D. MOYER Phone: (717) 561-1515 Fax: (717) 561-1616 e-mail: lawolli=.ldj©intemetMCl.wm July 14, 1999 Courtney A. Seda, Esquire Two Penn Center Plaza, Ste 910 Philadelphia, PA 19102 Re: Patricia A. Clausen v. Wal-Mart Stores, Inc. Civil No. 99-3736 (Cumberland County) Dear Courtney: I'm in receipt of your correspondence dated July 07, 1999 in regard to the above referenced matter. I am happy to hear from you as we have had difficulty dealing with your client in an attempt to resolve this matter amicably. In order to give you a feel for my client's damages, she has just completed a second surgery on her injured knee as a result of her fall in your client's premises and she is still in therapy. At this time, it would be near impossible to put a number on her damages, however, my client and I believe that your $75,000.00 (Seventy-five thousand dollar) limit would not be sufficient. Additionally, we have no objection to your removal of the case to Federal Court. However, if you wish to enter into a Stipulation regarding a cap on damages so that the case remains in the Court of Common Pleas of Cumberland County, we would agree at this time to cap any and all damages at $250,000.00 (Two-hundred-fifty thousand dollars), while we work towards providing you with the appropriate information so that you may evaluate this case on its merits. Kindly contact me at your earliest convenience if you wish to discuss this matter further or, should you find this acceptable, kindly amend your Stipulation and I will be happy to execute it. Thank you. Leslie D. LDJ/rem c: Patricia A. Clausen JUL 191999 cn y y y r ? Z y o n ?fuoL c"7 a a r McDONNELL & ASSOCIATES BY: Courtney A. Seda, Esquire Attorney I.D. No: 76263 Two Penn Center Plaza - Suite 910 Philadelphia, PA 19102 (215)636-0888 Attorney for Defendant, Wal-Mart Stores, Inc. PATRICIA A. CLAUSEN and HOWARD L. R. CLAUSEN Plaintiffs WAL-MART STORES, INC. Defendant TO THE PROTHONOTARY: CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 99-3736 (CIVIL) WITHDRAWAL AND SUBSTITUTION OF COUNSEL Kindly withdraw the appearance of Silverman, Frimmer, Bernheim & McDonnell for Defendant Wal-Mart Stores, Inc., and substitute the appearance of the Law Offices of McDonnell & Associates, a Pennsylvania professional company. WITHDRAWING ATTORNEYS: SILVERMAN, FRIMMER, BERNHEIM & McDONNELL SUPERSEDING ATTORNEYS: LAW OFFICES OF McDONNELL & ASSOCIATES BY: I G`P/k.' ,V 1 PATRICK J. MCDobfNELL, ESQUIRE COURTNEY A. SEDA, ESQUIRE Attorneys for Defendant BY: C04 e.4ke_4 CC `e COURTNEY A. SE , ESQUIRE Attorney for Defendant I':\Wnlhlan\31 165\31 165\54011,\l.I R-1,1,1-111-06.00-447 CERTIFICATE OF SERVICE 1, Courtney A. Seda, Esquire, hereby certify that on the _ day ofJanuary, 2000,1 caused a true and correct copy of Withdrawal and Substitution of Counsel to be served via United States First Class Mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire Law Offices of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 1 /01co -- DATE COURTNEY A. SE , ESQUIRE F:\ W al Mart\l 116501165\540\I tr\L'1'R-Protho-01-06-00-540 L?? N