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HomeMy WebLinkAbout03-3803DONNA J. PARSON, Plaintiff VS. SHEETZ, INC. d/b/a SHEETZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: U",3, '5?03 (-Zl? JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff's Office of Cumberland County, One Courthouse Square, Carlisle, PA 17013. Date: 8/6/03 To The Above Named Defendants: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS Sheetz Store #232 420 N. Baltimore Street Mt. Holly Springs, PA 17065 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: 8/6/03 By:GQ K Deputy Z= f ?, V 1 _ c SHERIFF'S RETURN - REGULAR CASE NO: 2003-03803 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PARSON DONNA J VS SHEETZ INC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHEETZ INC D/B/A SHEETZ the DEFENDANT , at 1103:00 HOURS, on the 13th day of August 2003 at 420 N BALTIMORE STREET MT HOLLY SPRINGS, PA 17065 by handing to WILMA O'CULL, MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS, together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this 27S day of a-tw-3 A.D. Q QO.. , 44414' thonotary So Answers:: R. Thomas Kline 08/14/2003 ROMINGER & BAYLEY By: Deputy Sheriff THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By:_ZC vv,51-)CL'? Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Sheetz, Inc. 01 DATE: t/ /'7 /0 3 256812-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing Entry of Appearance on the following person by placing same in the United States mail, postage prepaid, on the L`ciay of 2003: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: C / /Ovvv?? Kevin C. McNamara, Esquire 256812-1 C7 ?i C: .. 71 .' e Tl r ; ;fl THOMAS, THOMAS 8 HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Plaintiff and Plaintiff's counsel: You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P.1037(a). DATE: Q p4 ' P .266,3 Prothonotary L? 256841-1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant DONNA J. PARSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3803 CIVIL V. CIVIL ACTION - LAW SHEETZ, INC., d/b/a SHEETZ, JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: IS./? /," Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Sheetz, Inc. DATE: Qf/ 7/03 256841-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing pleading on the following person by placing same in the United States mail, postage prepaid, on the day of " bur, 2003: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: C ?/Y) `/o'? Kevin C. McNamara, Esquire 256841-1 c> ? c? ?- ?., -?, ? ?? -;,? ,, - „? r_ ? ri Yo- l J [._ Y 7 _.. .__ DONNA J. PARSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO: 03 - 3803 SHEETZ, INC. d/b/a SHEETZ Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing our office. All arrangements must DONNA J. PARSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW :NO: 03 - 3803 SHEETZ, INC. d/b/a SHEETZ Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Donna Parson by and through her attorney, Karl E. Rominger, Esquire and in support of her Complaint avers as follows: 1. Donna Parson is an adult female individual residing at 1095 Petersburg Road, Boiling Springs, Pennsylvania. 2. Sheetz, Inc., d/b/a Sheetz is a corporation who operates Sheetz Store #232, located at 420 Baltimore Street, Mt. Holly Springs, Pennsylvania. 3. On or around August 8, 2001, the Plaintiff, stopped at the convenience store to get milk and upon information and belief slipped on water that appeared to be coming out of the freezer(s) at Sheetz Store #232 due to the freezer(s) being in disrepair or a state of malfunction. Plaintiff sustained serious injuries to her shoulder, including but not limited to a chipped collar bone, and various other soft tissue injuries. 5. Asa result of the fall, the Plaintiff suffered various other injuries which resulted in the necessity of medical treatment. 6. Said injuries, which were a result of the fall, caused Plaintiff severe physical pain and mental anguish including but not limited to pain and suffering, physical trauma, emotional distress, shock and nervousness to the system. COUNT I. NEGLIGENCE 7. Previous paragraphs are incorporated by reference. 8. Plaintiff was a business invitee. 9. Defendant had a duty to keep the premise free from slippery or other hazardous conditions so as to protect customers from harm. 10. Defendant breached its duty in that: (a) Defendant failed to give adequate warning of the dangerous condition posed by the water leaking from the freezers. (b) Defendant failed to make the area safe by mopping up the water. (c) Defendant failed to maintain the floor of the premise so as to keep it free of slippery conditions. (d) Defendant hung displays and advertisements which distracted Plaintiff as she walked through the store. (e) Defendant did not take adequate steps to keep the floor dry 11. Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering, nervousness and the like. 12. Defendant's actions are the direct and proximate cause of Plaintiff injuries. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorneys fees. Date: l / - a o. 0 3 Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: H 40 - 0 3 06? 1 ;,IA, Donna Parson DONNA J. PARSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO: 03 - 3803 SHEETZ, INC. d/b/a SHEETZ Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17108 Karl E. Rominger, Esquire Attorney for Plaintiff Dated: //-a 0-63 \J Y? 't! .. Ti LJ THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 J. PARSON, Plaintiff V. Z, INC., d/b/a SHEETZ, Defendant THE COURT OF COMMON PLEAS OF IMBERLAND COUNTY, PENNSYLVANIA 03-3803 CIVIL IL ACTION - LAW RY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS THOMAS & HAFER, LLP By: 1L._C Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 DATE: //7 Attorneys for Defendant ? y 269033-1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 uerencani NA J. PARSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. INC., d/b/a SHEETZ, Defendant 03-3803 CIVIL ACTION - LAW TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant Sheetz, Inc. by its attorneys, Thomas, Thomas & Hafer, LLP and answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who she says she is. 2. It is admitted that Sheetz, Inc. is a corporation and operates store number 232 at the alleged address. 3. Admitted in part and denied in part. It is admitted that the Plaintiff was in store number 232 on the alleged date and that she reported slipping on a wet floor. It is denied that water was "coming out of the freezer" and it is denied that the freezer was in a state of disrepair or malfunction. 4. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 5. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 6. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. Count I - Negligence 7. Defendant hereby incorporates its answers to Paragraphs 1 through 6 as if fully set forth herein. 8. Denied. This allegation represents a conclusion of law to which no response is required. 9. Denied. This allegation represents a conclusion of law to which no response is required. 10.(a-e) Denied. It is denied that Sheetz breached any duty to the Plaintiff or that Sheetz was negligent in any of the ways alleged. 11. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 12. Denied. This allegation represents a conclusion of law to which no response is required. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed without cost to it. 269033-1 2 NEW MATTER 13. On the date and at the time of the incident alleged in Plaintiff's Complaint, the condition of the premises was open, and obvious and therefore, the Defendant owed the Plaintiff no duty. 14. No acts or failures to act on the part of Sheetz, Inc. or its employees were a substantial factor or factual cause in bringing about the incident or the injuries set forth in Plaintiff's Complaint. 15. Sheetz, Inc. discharged its duty to the Plaintiff by placing appropriate warning signage in the vicinity of the spot where the Plaintiff fell. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed without cost to it. Respectfully submitted, THOM , THOMAS 8, HAFER, LLP By:_ Z, C VY1 " ct?? Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant DATE: 269033-1 3 VERIFICATION I, (11u? (?ns1,n et state that I am an authorized representative of SHEETZ, INC., that I make this Verification on behalf of Defendant SHEETZ, INC., and that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. SHEETZ, INC. By: DATE: kIz1o ' 84079-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing Answer with New Matter on the following States mail, postage prepaid, on the 7 day of o04".a ' 2004: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By:_.k - C 1 I pwv?p? a, Kevin C. McNamara, Esquire person by placing same in the United 269033-1 4 c? ^, ? cn ??_ <? - ° ?. R ' T' ? CY7 rY'jC7 'T' r? -'rt f y ?-? L? ? T1 j ? l ??? •" ?1?? ? ? L DONNA J. PARSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO: 03 - 3803 SHEETZ, INC. d/b/a SHEETZ Defendant : JURY TRIAL DEMANDED ANSWER TO NEW MATTER 13. Denied and strict proof of the same is demanded at trial. 14. Denied and strict proof of the same is demanded at trial. By way of further answer, Sheetz, Inc., and/or its' employees or the factual and substantial cause of the injuries in question. 15. Denied and strict proof of the same is demanded at trial. By way of further answer, if any signage was employed, it was inadequate or improperly placed and by way of further answer, even if proper signage was in place, Sheetz was negligent in placing large colorful advertisements at and above eye level which tend to distract pedestrians from watching about their floor and feet as they walk. WHEREFORE, Plaintiff respectfully requests Plaintiffs original complaint be granted and judgment be entered in Plaintiff s favor and judgment entered against the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA. 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff DONNA J. PARSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO: 03 - 3803 SHEETZ, INC. d/b/a SHEETZ Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Answer to New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kevin C. McNamara, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Karl E. Rominger, Esquire Attorney for Plaintiff Dated: January 22, 2004 r-? n? r> L ? i.l -? ?? ?., L C_? _ f _? ? `` _ THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant Kevin C. McNamara, Esquire Attorney I.D. 72668 717-237-7132 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated April 16, 2004, and executed by Plaintiffs counsel, Karl E. Rominger, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. Date: ) 0 THAS, THOMAS & HAFER, LLP C - pl) l "a? Kevin C. McNamara, Esquire I.D. Number: 72668 305 N. From[ Street Post Office Box 999 Harrisburg, PA 17108 (717) 237-7132 289331.1 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 lei www.tthlaw.com Rick L. Stains, Jr., paralegal (717) 441-7056 rstains@tthlaw.com April 16, 2004 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 RE: Parson v. Sheetz Docket No.: 03-3803 (Cumberland County) Our File No.: 548.31185 Dear Attorney Rominger: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely, THOMAS, THOMAS & HAFER LLP By ' Rick Stains, Ir., Para a Enclosures 17 ',Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records they obtain pursuant to these subpoenas. Date: 298730.1 -' Lehigh Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 0 Phone: 868-1675 (610) Fax: (610) 865-1702 DONNA J. PARSON, V. Plaintiff SHEETZ, INC., d/b/a SHEETZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP _Z- C By Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, Pa 17108-0999 (717) 237-7132 Attorney for Defendant Date: V/( (V`© t,/ 288729.1 DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION - LAW URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Chambersburg Hospital, 112 N. Seventh Street, Chambersburq. PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of DONNA PARSON. SSN: 202-42-6271, D/O/B: 08/13/1957, including, but not limited to patient histories. charts, progress notes, consultation reports, medication charts, statements of iniurv. diaonosis. nrnnnngiq r-rnwa or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certilicate 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 ft. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:_ Kevin C. McNamara Esquire ADDRESS 305 N. Front Street. P O Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 237-7132 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant DATE: Seal of the Court Pvothonotary/Clerk, Civil Division Deputy 288696.1 DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND (AUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED Custodian of Records, Donald J. Kovac, M.D., 1358 Lutztown Road, Boiling Springs, PA 17007. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of DONNA PARSON. SSN: 202-42-6271, D/O/B: 08113/1957, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-rays or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: Kevin C. McNamara Esquire ADDRESS 305 N. Front Street. P. O BOX 999 Harrisburg PA 17108 TELEPHONE: (717) 237-7132 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant DATE: Seal of the court Paothonotary/Clerk, Civil Division Deputy 288696.2 DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION -LAW URY TRIAL DEMANDED Custodian of Records, David C. Baker, M.D., 19 Brookwood Avenue, #104, Carlisle, PA 17013. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of DONNA PARSON. SSN: 202-42-6271, D/O/B: 08/13/1957, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-rays or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: Kevin C. McNamara Esquire ADDRESS 305 N. Front Street. P. 0. Box 999 Harrisburg. PA 17108 TELEPHONE: (717)237-7132. SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 288696.3 I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., alegal Date: Ve'/. 6y 288729.1 CERTIFICATE OF SERVICE I, R ick S tains, Jr., a P aralegal For t he 1 aw firm Thomas, T homas & H afer, LLP, h ereby certify that I have served a true and correct copy of the foregoing; document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr. Paralegal Date: y/ul4 y 289331.1 S p O F ? `h 'S7w? . c.n THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant Kevin C. McNamara, Esquire Attomey I.D. 72668 717-237-7132 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated May 4, 2004, and executed by Plaintiffs counsel, Karl E. Rominger, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. Date: 289331.2 THO AS, THOMAS & HAFER, LLP ovv?Ot?t.GL. Kevin C. McNamara, Esquire I.D. Number: 72668 305 N. Front Street Post Office; Box 999 Harrisburg, PA 17108 (717) 237-7132 THOMAS, THOMAS & HAFER LLP 11 ATTORNEYS AT LAW www.t0ilaw.com 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 ` y Phone: (717) 237-7100 Fax: (717) 237-7105 Dq 1) Rick L. Stains, Jr., Paralegal (717) 441-7056 rstains@tthlaw.com May 4, 2004 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17011 RE: Parson v. Sheetz Docket No.: 03-3803 (Cumberland County) Our File No.: 548.31185 Dear Attorney Rominger: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely, THOMAS, THOMAS & HAFER LLP By Rick Stains, Jr., Para 1 Enclosures 1 ' I, < V ` '- ° "( , Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas id6mified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records they obtain pursuant to these subpoenas. Date: Esquire 2887302 Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NU TO Cl TlNTENT T ,' SERA SU POF1N, , TO'1?RC3pTJCE T3)1Ci NTS ANDY'I'HIl?l Fp12 DISCOVER"' I1URSiIANT TO RULE 4009.21 Defendant 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 maybe served. Date: 5 ?Jl D q THOMAS, THOMAS & HAFER, LLP By I?r, ryo ci? Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, Pa 17108-0999 (717) 237-7132 Attorney f )r Defendant 288729.2 DONNA J. PARSON, Plaintiff V. SHEETZ, INC., d/b/a SHEETZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3803 CIVIL CIVIL ACTION - LAW URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Carlisle Regional Medical Center, 246 Parker Street, Carlisle, PA 17013. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follovdng documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of DONNA PARSON. SSN: 202-42-6271, D/O/B: 08/13/1957, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-rays or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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, Wthin 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: Kevin C. McNamara. Esquire ADDRESS 305 N. Front Street, P. 0. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 237-7132 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 288696.4 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Karl E. Rominger, EsgVire 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP 17 By: Rick Stains, Jr., P egal Date: Sr N(a7 zss7ze.z I, R ick S tains, Jr., a P aralegal f or t he 1 aw f inn Thomas., T homas & H afer, LLP, h ereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By'=f 2a Rick Stains, Jr. Paralegal Date: slly4o if 289331.2 ?, ? o ? _ ?' -?, ? fill- '_ -..;n i. r - _ tV C? C17 -r y i._ ; r? . .r; _ ;=i J F" tCJ Curtis R. Long Prothonotary (OffICP of the Protbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 03 - -3 g0-'-A CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573