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HomeMy WebLinkAbout07-32751 MARGARET E. MATSON Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. CU's' - 3.17S CUMBERLAND VALLEY SCHOOL DISTRICT : CIVIL ACTION - LAW Defendant DR. B. JEAN WALKER, SUPERINTENDANT OF CUMBERLAND : VALLEY SCHOOL DISTRICT Defendant AND WATERFORD SQUARE ASSOCIATES, INC. Defendant PRAECIPE' To the Prothonotary of Cumberland County: Please issue a writ of summons to the following defendants: 1. Cumberland Valley School District, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. 2. Dr. B. Jean Walker, Superintendent, c/o Cumberland Valley School District, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. 3. Waterford Square Associates, Inc. 11 I Centerville Road, Lancaster, Pennsylvania 17603. You are hereby notified that Margaret E Matson, of the Claremont Nursing Center, 1000 Claremont Road Carlisle Pennsylvania 17013, has commenced an action against you. Date: 7 Respectfully submitted: Dated: ( urge W. Gekas, Esquire I.D. No. 07177 1104 Fernwood Avenue, Suite 102 Camp Hill, Pennsylvania 17011 Telephone: (717) 901-5918 ATTORNEY FOR PLAINTIFF till w r.s r? _n c?- ?i3* ?T ?? Cy3 "? Ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, VS. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P.1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRYKLER, LERMAN, SOLYMOS & BY: L' obert A. Lerman, Esquire #0 490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 Date: June 15, 2007 1{ . - } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 15th day of June, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire Waterford Square Associates, Inc. 1104 Fernwood Avenue, Suite 102 111 Centerville Road Camp Hill, PA 17011 Lancaster, PA 17603 (Counsel for Plaintiff) GRIFFITH, STRXKLER, LERMAN, SOLYMOS & BY: Rebrt A. Lerman, Esquire #07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 klr/cumberland-prp -Ti "t-y .-.a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter a Rule upon Margaret E. Matson, Plaintiff, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. GRIFFITH, STRIIKLER, LERMAN, SOLYN/10S & CALKINS BY: .16K-t J? ROBERT A. LERMAN, ESQUIRE Attorney I.D. No. 07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 Dated: NOW, 2007, RULE ISSUED AS ABOVE. OTHONOTARY Y: DEPUTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. CERTIFICATE OF SERVICE Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED AND NOW, this 16th day of July, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Rule to File Complaint by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 GRIFFITH, STRICKLER, LERMAN, SOLYMO$ & CALKINS BY: lr? , OBERT A. LERMAN, ESQUIRE Attorney I.D. No. 07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 ? ? ? ? c._. ? a ?y _., ? 1 ??.. ?? .} i _ 'W? .r ? . 'f - :r ^r VS. In the Court of Common Pleas of Cumberland County, Pennsylvania No. U `) -,32-2S- Civil.-O S?60-? . Gz W? i-- 'IJ 1 19 To Prothonotary Attorney for Plaintiff "=LED-C)-' C OF TH5 No. Term, 19 2007 J} SL 23 Fri 1: 31 110-00 Pa A-rIY/CAI5{ L'r* 145 71 I VS. PRAECIPE Filed 19 Atty. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND : WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 20'h day of July, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS, CUMBERLAND VALLEY SCHOOL DISTRICT AND DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, TO PLAINTIFF, SET NO. 1, as by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 (Counsel for Plaintiff) GRIFFITH SO ORS ICKLER, LERMAN, IVI & CALKINS BY: Robert A. Lerman, Esquire Supreme Court ID No. 07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 S. Northern Way York, PA 17402 (717) 757-7602 jml/Cumberland-rfpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 20" day of July, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the INTERROGATORIES OF DEFENDANTS, CUMBERLAND VALLEY SCHOOL DISTRICT AND DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, TO PLAINTIFF, SET NO. 1, as by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 (Counsel for Plaintiff) GRIFFIT , TRICKLER, LERMAN, SO OS & CALK S ??-- BY: Robert A. Lerman, Esquire Supreme Court ID No. 07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 S. Northern Way York, PA 17402 (717) 757-7602 jml/cumberland-int -TI r- SHERIFF'S RETURN - REGULAR CASE NO: 2007-03275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATSON MARGARET E VS CUMBERLAND VALLEY SCHOOL ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND VALLEY SCHOOL DISTRICT the DEFENDANT , at 0845:00 HOURS, on the 8th day of June , 2007 at 6746 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to MARY RILEY, ASST SUPERINTENDNT 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 Service Postage Surcharge 9) b 9 ID '7Oy., Y Sworn and Subscibed to before me this of So Answers: 18.00 5.76. "' ;.. - . 99 10.00 R. Thomas Kline .00 34.75 06/29/2007 GEROGE GEKAS By: Deputy Sher day A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03275 P ,COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATSON MARGARET E VS CUMBERLAND VALLEY SCHOOL ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WALKER B JEAN DR SUPERINTENDANT the DEFENDANT at 0845:00 HOURS, on the 8th day of June , 2007 at C/O CUMBERLAND VALLEY SCHOOL DIST 6746 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to MARY RILEY, ASST SUPERINTENDNT 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 s?b4?e1 (? 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/29/2007 GEORGE G By: A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATSON MARGARET E VS CUMBERLAND VALLEY SCHOOL ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT WATERFORD SQUARE ASSOCIATES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 29th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 39.38 r% r% V Z J V 06/29/2007 GEORGE GEKAS So ans ft. Thomas K -ine Sheriff of Cumberland County ? ?4?a41o1 ??..- Sworn and subscribe to before me this day of to wit: A. D. OFFICE SHERIFF'S 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. -3 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1 PLAINTIFF/S/ 2 COURT NUMBER 0 Margaret E. Matson 07-3275 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT C>.unberland Valley School District et al Writ of Summons SERVE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC., TO BE SERVED Waterford Square Associates Inc 6 ADDRESS (Street or RFD, Apartment No.. City, Boro, Twp.. State and ZIP Code) AT 111 Centerville Road Lancaster, PA 17603 7 INDICATE UNUSUAL SERVICE: 0 DEPUTIZE C OTHER Qwgbercl n4 Now, 711n9 7 2007 , I, SHERIFF OF COUNTY, PA., do hereby eputize the Sheriff of Lancaster County to execute this Wri urn thereof g to law. This deputation being made at the request and risk of the plaintiff. .t SME IFF OF- --- OtOT Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 1 1. DATE 12. SEND ES NAME AND 1 717-901-5918 area must be completed if notice is to CUMBERLAND COUNTY SHERIFF ONE COURTHOUSE SQ. CARLISLE, PA. 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15. Expiration/Hearing date or complaint as indicated above. ( JACKIE MICCICHE 717-390-2309 I 6/11/07 I 7/2/07 16.1 hereby CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence of service as shown in "Remarks", O have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc , named above. (See remarks below) 16 ame and title of individual served (it not shown above) (Relationship to Defendant) 19. El No Service See Remarks Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street or RFD. Apartment No . City. Boro. Twp 21 Date of Service 22 Time State and Zip Code) AM ES T EDST 23. ATTEMPTS Date Miles Dep. Int. Data Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Zs S W 24. Advance Costs 25 Service Costs 26. Notary Cert. 27 Milea a/Postage/ .F. ^ 1 2 T tal Costs 37 29. COST DUE OR REFUND VA 150.00 R /Jr3 D 30.50 , ,' ? ,39 , 2- 30. REMARKS: S.T.A.:O?!(? Pi /P?'?rf/• If ?j+? ?/ i?h+` . 14- 14610A,11i'de- Agr_ SO SWE . 31. AFFIRMED and subscribed to before me this ^ ! 32. Signature of Dep it / 33 Date l?ty1 sti 34. day of 37 of 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs dgr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff V. CIVIL ACTION - LAW cn -T,"KI • try ' -?a ^?? CUMBERLAND VALLEY SCHOOL DISTRICT Defendant DR. B. JEAN WALKER, SUPERINTENDANT OF CUMBERLAND VALLEY SCHOOL DISTRICT Defendant AND WATERFORD SQUARE ASSOCIATES, INC. Defendant W? PRAECIPE - To the Prothonotary of Cumberland County: Please issue a writ of summons to the following defendants: Cumberland Valley School District, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. 2. Dr. B. Jean Walker, Superintendent, c/o Cumberland Valley School District, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. Waterford Square Associates, Inc. 111 Centerville Road, Lancaster, Pennsylvania 17603. You are hereby notified that Margaret E. Matson, of the Claremont Nursing Center, 1000 Claremont Road, Carlisle Pennsylvania 17013, has commenced an action against you. Date: U? )Lk-&2r- TRUE COPY FPO.M RECORD In Testimony x,? h, r - unto set my hand and the seal of sa:..- at Carlisle, Pa. This ..., AS ... day of.JU-A-;F..., ? rothonotary J_r / ?J'ff D Prothonotary of Cumberlan 4y -'4? !??62 dre? e - E Dk? Respectfully submitted: Dated: 2?) George W. Gekas, Esquire I . D. No. 07177 1104 Fernwood Avenue, Suite 102 Camp Hill, Pennsylvania 17011 Telephone: (717) 901-5918 ATTORNEY FOR PLAINTIFF 3 ?.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff V. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD To: Cumberland Valley School District Dr. B. Jean Walker, Superintendent of Cumberland Valley School District c/o Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 To: Waterford Square Associates, Inc. 215 Centerville Road Lancaster, PA 17603 Ca meuvtIr -4-1i You are hereby notified to plead to the enclosed New-N4ftftr within twenty (20) days from service hereof or a default judgment may be entered against you. By George W. Gekas, Esquire Pa. Supreme Court ID #07177 1104 Fernwood Avenue, Suite 201 Camp Hill, PA 17011 (717) 901-5918 - phone Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff Civil Action - Law V. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED COMPLAINT COUNTI Margaret E. Matson, Plaintiff v. Cumberland Valley School District AND NOW, comes George W. Gekas, Esq., attorney for the Plaintiff, Margaret E. Matson, and avers the following: 1. Plaintiff, Margaret E. Matson, a widowed lady, now resides at the Claremont Nursing Center, 1000 Claremont Road, Carlisle, Pennsylvania 17013. 2. Defendant, Cumberland Valley School District, is a corporate entity created under the laws of the Commonwealth of Pennsylvania, the main office of which is situated at 6746 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Dr. B. Jean Walker, is the Superintendent of the Defendant, Cumberland Valley School District, and is charged with the duties and responsibilities for the daily functioning of the school buildings, grounds, streets, sidewalks, field, etc. appertaining to Defendant, Cumberland Valley School District, as well as the educational programs touching upon the students and faculty of said School District. 4. Defendant, Waterford Square Associates, Inc., is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 215 Centerville Road, Lancaster, Pennsylvania 17603. 5. On or about June 7, 2005, the Plaintiff, then a resident of 66 Ashburg Drive, Mechanicsburg, Pennsylvania, was walking near her residence on the Waterford Drive sidewalk fronting the Silver Spring Garden Apartments, 64 Ashburg Drive, Mechanicsburg, Pennsylvania, which sidewalk was and is situated on property co-owned by the Defendant, Cumberland Valley School District and Defendant, Waterford Square Associates, Inc. 6. As the Plaintiff reached a point in the sidewalk that was and is approximately 180 feet from the intersection of Ashburg Drive and Waterford Drive, she was thrown off balance by a raised portion of said sidewalk, causing her to fall violently on her face and head. 7. The said raised portion of the sidewalk was and is a defect running across the entire width of the sidewalk from less than an inch high on the street (curb) side of the sidewalk to a gradual height of two inches, more or less, more fully described in the photograph attached hereto and made a part hereof as Exhibit A. 8. The Plaintiff, in walking from the lower sidewalk segment toward the segment raised as aforesaid, was caused to stumble and fall to the ground by reason of the defect hereinbefore described, having been thrown off balance and onto the sidewalk directly on her face and head. 9. The said raised portion existed in the groove between two squares of said sidewalk in such a way as to constitute such a dangerous condition that Defendants should have replaced or repaired or reconfigured that portion of the sidewalk. 10. The dangerous condition, so caused and so neglected, created a reasonably foreseeable risk of injury to pedestrians, like the Plaintiff, and the defect had existed for so long that the Defendants were charged with notice at a sufficient time prior to the fall sustained by the Plaintiff to have taken measures to protect against the dangerous condition. 11. On the date of Plaintiff's fall, and for a long time prior thereto, the sidewalk was so negligently and carelessly controlled and maintained by the Defendants that the said sidewalk was permitted and allowed by the Defendants to become and remain in a highly defective condition, in that it was cracked, uneven, sunken and otherwise not reasonably safe for the use of pedestrians such as the Plaintiff. 12. As a further result of the fall so experienced by Plaintiff, Plaintiff has sustained permanent loss of her theretofore excellent mental health in that the trauma to Plaintiff s head caused the onset of dementia, a condition that has continuously worsened since the said trauma, and which has substantially reduced Plaintiff s quality of life. 13. As a further result of Plaintiffs fall, Plaintiffs ability to walk without walking devices and aids has been eliminated. 14. Plaintiffs quality of life has been substantially diminished and damaged, preventing her from daily walking, exercise routines, as well as regular visitations and errands in and around the residential complex of which her residence was a part. 15. As a further result of the fall suffered by the Plaintiff, her ability to join in activities with her daughters and others has been severely diminished. 16. As a result of the fall suffered by the Plaintiff, she has sustained permanent loss of the free use of her legs and her ability to walk without the aid of canes, "walkers", or other devices. 17. As a further result of the trauma so inflicted upon the Plaintiff, Plaintiff was required to lay out great sums of money for medical expenses, short term and long term, as more fully specified and described hereinafter is Exhibit A., attached hereto and made a part hereof. 18. As yet another result of the trauma so experienced and hereinbefore described, the Plaintiff suffered through, and is continuing to suffer through immense pain and suffering, as more fully specified and described hereinafter in Exhibit B, attached hereto and made a part hereof, the most serious result therein being the onset of dementia following the trauma sustained by the head. 19. At all times material to the foregoing averments, the land of which the subject sidewalk was a part, was owned by Defendants Cumberland Valley School District and Waterford Square Associates, Inc. 20. At all times material to the foregoing averments, the individuals or entities that constructed the subject sidewalk and/or maintained same, were acting, or failing to act, as individuals, or as agents, servants, or employees of the Defendants. WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount not to exceed Five Hundred Thousand ($500,000.00) Dollars, exclusive of interest and costs. COUNT II Margaret E. Matson v. Dr. B. Jean Walker 21. The Plaintiff incorporates by reference paragraphs 1 through 20. WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount not to exceed Five Hundred Thousand ($500,000.00) Dollars, exclusive of interest and costs. COUNT III Margaret E. Matson v. Waterford Square Associates, Inc. 22. The Plaintiff incorporates by reference paragraphs 1 through 21. WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount not to exceed Five Hundred Thousand ($500,000.00) Dollars, exclusive of interest and costs. RESPECTFULLY SUBMITTED: Dated: George W. Gekas, Esquire I.D. No. 07177 1104 Fernwood Avenue, Suite 201 Camp Hill, Pennsylvania 17011 Telephone: (717) 901-5918 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff VS. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC. Defendants VERIFICATION Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED I, MARGARET E. MATSON, verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. ' 1 aAe"r MA GARET E. MATSON DATE: 'goo 7 Exhibit "A," as per Paragraph 7 of Plaintiff's Complaint Photograph of site of fall Out-of-pocket medical expenses in the amount of $1,640.91, as per notations made and kept by Sandra Morris, daughter of Plaintiff, Margaret E. Matson CL 'L rYi - d 14 :3 cos: ???s (o? '7l f ?o U" (4yl®to 10:77 D.u_a_,),dv vv\- 16o(o, ).'77 E??_G 1A5s&,C. L l t 7( o litb ??105 C?Ceap? w? (\j 5p, hm? i (a Ic6 15.,-7q CU" ' Prey, I X 105 1'37,W Cef?7 Qnn htP-T tc((°7(o5 1 40,9 r -,- f P(x64-- wQ_ Exhibit "A," as per Paragraph 17 of Plaintiff's Complaint Medicare expenses in the amount of $7,533.68, as per notations made and kept by Sandra Morris, daughter of Plaintiff, Margaret E. Matson 0-7105 OWOS 7/5/05 Io1iZ(OS lofrt l05 fb1 05 (((? (05 <<(4Ip5 [1(-7(05 ft (2-( (os (lam&?aQ 6vwzS Mcetl.iicc? Fai d, . I t sL?.-? 7 (56,1 ? v 4.5 Z $5+2. 7 41,5, q 7 3Ss&7 7 50, 3CQ Toy 7- 37 . 1? .YCo c6'+Vo <?r$p IWI5a Exhibit "A" (Page 2), as per Paragraph 17 of Plaintiff's Complaint Continued Medicare expenses in the amount of $7,533.68, as per notations made and kept by Sandra Morris, daughter of Plaintiff, Margaret E. Matson Zs (o5 ? oy ?,? ? i ? (zgf os a?a.?9 f a ?oto ? ?.30 (e T5 Z. 57 ?40 57.52 i of 9 Los ? a 71? lqa.g5 `?1??'o?v 3Rgl ir?3.a? ??Igld? 3Q-is IIo. l0 53?Z ??? u ?fo,o2, alal* 6e -7?r -5, -7 Lf 3I2?(? f ?3 ?q g'1.3Z ? 3a q? Exhibit "A" (Page 3), as per Paragraph 17 of Plaintiff's Complaint Injuries and pain & suffering sustained by Plaintiff, Margaret E. Matson Injuries to: Shoulders and knees, resulting in Plaintiff's inability to walk on her own and requiring nursing care beginning on October 1, 2005 and continuing to this day Sleep deprivation due to pain, requiring substitution of gliding chair for Plaintiff's bed After sustaining her injuries, Plaintiff can only walk by means of a walker Injuries sustained: Broken nose, facial lacerations requiring stitches, facial bruises Bruises to knees, hands and elbows Tendonitis Dementia, first mild then advanced Exhibit "B," as per Paragraph 18 of Plaintiff's Complaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff V. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1-?1 I, George W. Gekas, Esquire, do hereby certify that on this, the 1-i day of August 2007, I served a true and correct copy of the foregoing Complaint by sending the same by first class U.S. mail, postage prepaid, addressed to the parties and/or attorneys of record, as follows: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Waterford Square Associates, Inc. 215 Centerville Road Lancaster, PA 17603 By: George W. Gekas, Esquire Pa. Supreme Court ID #07177 1104 Fernwood Avenue, Suite 201 Camp Hill, PA 17011 (717) 901-5918 - phone Attorney for Plaintiff ? "s GY '`?'' 5??. "LF ??%?`;` ? C.. ?.--3 "_ ?,' ~;l w °yr ? , .--„ ? ?r C?c7 ?? SHERIFF'S RETURN - OUT OF COUNTY I CASE NO: 2007-03275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATSON MARGARET E VS CUMBERLAND VALLEY SCHOOL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WATERFORD SQUARE ASSOCIATES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 20th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 34.87 Postage 1.16 73.03 d 08/20/2007 GEORGE GEKAS So answers R. Thomas KI e Sheriff of Cumberland County ?)Alkq 4, Sworn and subscribe to before me this day of A. D. SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 n SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. y 1 PLAINTIFF/S/ 2 COURT NUMBER Margar4t E. Matson 07-3275 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT Cumberland Valley School District et al Writ of Summons, reissued. ? 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO BE SERVED SERVE Waterford Square Associates Inc 6 ADDRESS (Street or RFD, Apartment No.. City, Boro, Twp., State and ZIP Code) AT 215 S. Centerville Road Lancaster, PA 17103 7. INDICATE UNUSUAL SERVICE: O_ DEPUTIZE ? OTHER =be-J_And Now, July 27 2007- __ , I, SHERIFF OF 4860100M COUNTY, PA., do hebeputize the S er f of T.ancastar County to execute this .r(>z return t ereo ing to law. This deputation being made at the request and risk of the plaintiff. SHERIFr nF NTy S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cwberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liabihtyon the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 1 1 DATE GEORGE W. GEKAS ESQ: 717-901-59 8 7/23/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed) CUMBERLAND COUNTY SHERIFF- 717-240-6390 _ SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 111 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk + 14 Date Received 15 Expiration/Hearing date or complaint as indicated above. 1 JACKIE MTCCICHE 717-390-2309 I 7/27/07 8/22/07 16. 1 hereby CERTIFY and RETURN that 1(3 have personally served, ve legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof 17. Q 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc , named above. (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 1 g L1 No Service ,L1AMA K. r-Aa2 /ie?cvo76AJijr 4o,,?O,^' t:J 0#4q 1 'i seaRemaftBelow (No,3o) 20. Address of where served (c mplete only if different than shown above) (Street or8F0. Apartment No , City, Boro. Twp 21 Date of Service 22 Time State and Zip Code) AM. rte Miles Dep. In 13 9 MAN -/3-07 // - q -` Dep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. Date Mil: as t . 24. Advance Costs 25 Service Costs 26. Notary Cert 27 Mdeag /Po to N.F. 28 TTttat,Costs 29 cosT "'s UND R- Z,23 fa6'Z? - - 1.50-001 30.50 ` 3 ?''t ?? 1 ??? ? S.T.A. 31. AFFIRMED and subscribed to before me this 34. day of 37 Prot hon otary/Depuly/Notaq MY COMMISSION EXPIRES M C 1J , ,re of _ . --. -" ^ :-- w RI I IF: • Sharifrc rlffi- ..J Margaret E. Matson, CASE NUMBER: 07-3275 CIVIL DIVISION Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Waterford Square Associates, Inc., Defendants. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ISSUE NUMBER: PLEADING: Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of PRAECIPE FOR APPEARANCE Cumberland Valley School District, and Waterford Square Associates, Inc., ., f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Margaret E. Matson, Plaintiff V. Cumberland Valley School District, Dr. B. Jean Walker, Superintendant of Cumberland Valley School District, and Waterford Square Associates, Inc., Defendants CASE NO: 07-3275 PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, Waterford Square Associates, Inc., in the above-captioned matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY:??? 4 __ ADAM L. S IF 'RTI , UIRE Attorney for the Defe da t A JURY TRIAL IS DEMANDED Waterford Square Ass i tes, Inc. r ._. • CERTIFICATE OF SERVICE That counsel for the Defendant, Waterford Square Associates, Inc., hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paidoccording to the Pennsylvania Rules of Civil Procedure, on the day of 92007. George W. Gekas 1104 Fernwood Avenue, Suite 201 Camp Hill, PA 17011 Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERT , QUIRE Attorney for the Def n t Waterford Square A hates, Inc. 11C -t? N.3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED PRAECIPE TO DISMISS, DEFENDANT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT WITH PREJUDICE To the Prothonotary: Please file the attached Stipulations. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: (47 o-Qm? _ Robert A. Lerman, Esquire #0 490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 Civil Action - Law No. 07-3275 Date: September 28, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARL'!' L. MATSON, Plaintiff, vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED STIPULATION TO DISMISS DEFENDANT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, WITH PREJUDICE We, Robert A- Lerman, F.,squire, George W. Gekas, Esquire and Richard C. Snelbaker, Esquire, as counsel for all parties to this litigation, hereby agree to the dismissal of Defendant, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, from this lawsuit, with prejudice. GRIFFITH, S/AICKLER, LI SOU MOS & CALK BY: Rbbert A. Lerman, FsclWfe #07490 Attorney for Defendants, Cumberland Valley School District & Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 Dated: _ 91)(16, - CLC?? George W. Gekas, Esquire Attorney for Plaintiff 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 Dated: f- 7T a, S LBAKFR & BRENNEMAN_ P.C. BY: Rich C. Snel ,baker, Esquire Attorney ' r fendant, Waterford Square s ciates, Inc- P.O. B 318 44 est Main Str t• echanicsburg, PA 055-0318 TOTAL P.©3 Pg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARL"I'L. MAT SON, Plaintiff, vs. Civil Action -Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED STIPULATION TO DISMISS DEFENDANT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, WITH PREJUDICE ., ..• _.._. We, Robert A_ Lerman, Esquire, George W. Gekas, Esquire and Richard C. Snelbaker, Esquire, as counsel for all parties to this litigation, hereby agree to the dismissal of Defendant, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, from this lawsuit, with prejudice. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Robert A. Lerman, Esquire ##07490 Attorney for Defendants, Cumberland Valley School District & Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 Dated: George W. Gekas, Esquire Attorney for Plaintiff 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 Dated_ ?2 2- e?, SNL%kBAKER & BRE,NNEMAN, BY: ated: Richard S?baker, Esquire Attorney efendant, Waterford Squa Assoc es, Inc- P.0 ox 318 West Main Street Mechanicsburg, PA 170 -0318 TOTAL P.03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. George W. Gekas, Esquire Attorney for Plaintiff 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 as counsel for all parties to this litigation, hereby agree to the dismissal of Defendant, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, from this lawsuit, with prejudice. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY, Dated: STIPULATION TO DISMISS DEFENDANT, DR, B, JEAN WALKER, SUPERINTENDENT OF CUMBERLAND V'ALLE'Y SCHOOL DISTRICT, WITH PREJUDICE We, Robert A. Lerman, Esquire, George W. Gekas, Esquire and Adam L. Seiferth, Esquire, Robert A. Lerman, Esquire 007490 Attorney for Defendants, Cumberland Valley School District & Dr. B_ Jean Walker, Superiritendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 Dated: CIPRIANI & WERNER BY: Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED Adam L. S7eiferth, E qui F Attorney for Defend Waterford Square Associates, It 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Dated: C7- aq-- `T TOTHL P. n4 y? + a rr c r ???? ?J d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 28th day of September, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Dismiss Defendant, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District with Prejudice by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire Adam L. Seiferth, Esquire 1104 Fernwood Avenue, Suite 102 Cirpiani & Werner Camp Hill, PA 17011 1011 Mumma Road, Suite 201 (Counsel for Plaintiff) Lemoyne, PA 17043 (Counsel for Defendant, Waterford Square Associates, Inc.) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Q4"'-t' 6 • _ Robert A. Lerman, Esquire #07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 j ml/cumberland-praecipetodismiss ? ? O .' r ry? ?, y 7 `? , _4 - ` S±' t Y*!a . --i- ; t^~? --1 ?. ?1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. NOTICE TO PLEAD TO: Margaret E. Matson, Plaintiff c/o George W. Gekas, Esquire 1104 Femwood Avenue, Suite 201 Camp Hill, PA 17011 Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRI9FLER, LERMAN, SOLYMOS & BY: v v vl-? R ert A. Lerman, Esquir 0749 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way A /b Dated: York, PA 17402 (717) 757-7602 ? (? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. NOTICE TO PLEAD TO: Waterford Square Associates, Inc., Defendant c/o Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED You are hereby notified to file a written response to the enclosed New Matter/Crossclaim within twenty (20) days from service hereof or a judgment may be entered against you. Dated: 1 O(S l ( -7 GRIFFITH, ST)JftCKLER, LERMAN, SOLYMOS & BY: -" V , Robert A. Lerman, squi 07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSSCLAIM OF DEFENDANT, CUMBERLAND VALLEY SCHOOL DISTRICT, TO PLAINTIFF'S COMPLAINT AND NOW, come, Defendant, Cumberland Valley School District, by their counsel Robert A. Lerman, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Answer, New Matter and Crossclaim to Plaintiff s Complaint: COUNTI Margaret E. Matson, Plaintiff v. Cumberland Valley School District I. Admitted upon information and belief. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Dr. B. Jean Walker is the Superintendent of the Defendant, Cumberland Valley School District. By way of further answer, it is averred that Dr. B. Jean Walker has been voluntarily dismissed as a party Defendant from this litigation, with prejudice, and therefore the allegations set forth in Paragraph No. 3 of Plaintiff's Complaint are also withdrawn. To the extent any further response is required, Answering Defendant avers that the duties of the Superintendent of Cumberland Valley School District are as set forth in Section 1081 of the Public School Code, 24 P.S. §10-1081 and were, at all times relevant hereto, fulfilled. 4. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 4 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 5. Denied. It is denied that the referenced property is co-owned by Defendant, Cumberland Valley School District, and Defendant, Waterford Square Associates, Inc. It is denied that Plaintiff fell on property co-owned by the Defendant, Cumberland Valley School District, and Defendant, Waterford Square Associates, Inc. The remaining allegations of Paragraph No. 5 of Plaintiffs Complaint are denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 5 of Plaintiff s Complaint and same are denied and strict proof thereof demanded. By way of further response, it is denied that any real property in the custody, care or control of and/or sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 caused or contributed to Plaintiffs alleged fall or injuries. 6. Denied. It is denied that any condition on or of real property in the custody, care or control of and/or upon sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 and/or caused or contributed to Plaintiff s alleged fall and injuries. By way of further response, Defendant is without specific knowledge as to the place of and/or cause of Plaintiff s alleged fall and therefore the allegations in Paragraph No. 6 are denied as stated and strict proof thereof is demanded. By way of further answer, it is also averred that any allegations of negligence or wrongdoing or liability producing conduct asserted against Cumberland Valley School District are denied pursuant to Pa. R.C.P. Rule 1029(e). 2 7. Denied. To the extent the allegations set forth in Paragraph No. 7 constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that any condition on or of real property in the custody, care or control of and/or upon sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 and/or caused or contributed to Plaintiff's alleged fall and injuries. By way of further answer, it is also averred that any allegations of negligence or wrongdoing or liability producing conduct asserted against Cumberland Valley School District are denied pursuant to Pa. R.C.P. Rule 1029(e). 8. Denied. It is denied that any condition on or of real property in the custody, care or control of and/or upon sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 and/or caused or contributed to Plaintiff's alleged fall and injuries. By way of further response, Defendant is without specific knowledge as to the place of and cause of Plaintiff's alleged fall and therefore the allegations in Paragraph No. 8 are denied as stated and strict proof thereof is demanded. By way of further answer, it is also averred that any allegations of negligence or wrongdoing or liability producing conduct asserted against Cumberland Valley School District are denied pursuant to Pa. R.C.P. Rule 1029(e). 9. Denied. To the extent the allegations set forth in Paragraph No. 9 constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that any condition on or of real property in the custody, care or control of and/or upon sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 and/or caused or contributed to Plaintiff's alleged fall and injuries. By way of further answer, it is also averred that any allegations of negligence or wrongdoing or liability producing conduct asserted against Cumberland Valley School District are denied pursuant to Pa. R.C.P. Rule 1029(e). 3 10. Denied. To the extent the allegations set forth in Paragraph No. 10 constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that any condition of or on real property in the custody, care or control of and/or upon sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 and/or caused or contributed to Plaintiff's alleged fall and injuries. It is further denied that any defect so alleged existed and/or that Defendant had notice of the alleged defect and/or that said alleged defect created a reasonably foreseeable risk to pedestrians. By way of further answer, it is also averred that any allegations of negligence or wrongdoing or liability producing conduct asserted against Cumberland Valley School District are denied pursuant to Pa. R.C.P. Rule 1029(e). 11. Denied. It is denied that on the date of Plaintiff's fall, and for a long time prior thereto, the sidewalk was so negligently and carelessly controlled and maintained by the Defendants Cumberland Valley School District and Waterford Square Associates, Inc. that the said sidewalk was permitted or allowed by the Defendants Cumberland Valley School District and Waterford Square Associates, Inc. to become and remain in a highly defective condition, in that it was cracked, uneven, sunken and otherwise not reasonably safe for the use of pedestrians such as the Plaintiff. On the contrary, it is denied that any condition of or on real property in the custody, care or control of and/or upon sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 and/or caused or contributed to Plaintiff's alleged fall and injuries. By way of further answer, it is also averred that any allegations of negligence or wrongdoing or liability producing conduct asserted against Cumberland Valley School District are denied pursuant to Pa. R.C.P. Rule 1029(e). 4 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 12 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 13 of Plaintiffs Complaint and same are denied and strict proof thereof demanded. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 14 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 15 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 16 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. IT Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 17 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 18 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 5 19. Denied. It is denied that at all times material to the foregoing averments, the land of which the subject sidewalk was a part was owned by Defendants Cumberland Valley School District and Waterford Square Associates, Inc. On the contrary it is denied that condition of or on real property in the custody, care, or control of and/or upon sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 and/or caused or contributed to Plaintiff's alleged fall and injuries. To the extent any further response is required, Answering Defendant avers that the duties of the Superintendent of Cumberland Valley School District are as set forth in Section 1081 of the Public School Code, 24 P.S. § 10-1081 and were, at all times relevant hereto, fulfilled. 20. Denied. It is denied that at all times material to the foregoing averments, the individuals or entities that constructed the subject sidewalk and/or maintained same, were acting, or failing to act, as individuals, or as agents, servants, or employees of the Defendant. On the contrary it is denied that condition of or on real property in the custody, care, or control of and/or upon sidewalks owned, possessed or maintained by Cumberland Valley School District as defined in 42 Pa. C.S.A. §8542 and/or caused or contributed to Plaintiff's alleged fall and injuries. To the extent any further response is required, Answering Defendant avers that the duties of the Superintendent of Cumberland Valley School District are as set forth in Section 1081 of the Public School Code, 24 P. S. §10-1081 and were, at all times relevant hereto, fulfilled. WHEREFORE, Defendant, Cumberland Valley School District, demands judgment in their favor and against the Plaintiff, together with costs of suit. 6 COUNT II Margaret E. Matson v. Dr. B. Jean Walker 21. Defendant, Cumberland Valley School District, incorporates herein by reference, as if fully set forth at length, their Answers to Paragraph Nos. 1 - 20 inclusive, as set forth hereinabove. WHEREFORE, Defendant, Cumberland Valley School District, demands judgment in their favor and against the Plaintiff, together with costs of suit. COUNT III Marizaret E. Matson v. Waterford Square Associates Inc 22. The allegations set forth in Paragraph No. 22 of Plaintiff's Complaint pertain to a Defendant other than Answering Defendant and no response is therefore required on behalf of Answering Defendant. WHEREFORE, Defendant, Cumberland Valley School District, demands judgment in their favor and against the Plaintiff, together with costs of suit. By way of further Answer, Defendant, Cumberland Valley School District, asserts the following: NEW MATTER 23. Answering Defendant, Cumberland Valley School District, incorporates herein by reference, as if fully set forth at length, their Answers to Paragraph Nos. 1 - 23 inclusive, as set forth hereinabove. 24. Plaintiff's Complaint fails to state a cause of action against Defendant, Cumberland Valley School District, upon which relief can be granted. 25. Plaintiffs' Complaint may be barred by applicable statutes of limitation. 7 26. At all times relevant, all premises in the care, custody or control of and/or owned, occupied, possessed or under the control of Cumberland Valley School District were maintained in a careful, lawful, safe, prudent, and reasonable manner, free from defects, hazardous or dangerous and/or unsafe conditions and with all necessary and proper warnings in place, as warranted by the circumstances. 27. Defendant is immune from Plaintiff's claims by virtue of the provisions of 42 Pa. C.S.A. §8542 et seq. 28. To the extent it is determined that Cumberland Valley School District, by reason of its power and authority, was required to install, maintain and/or repair sidewalks under the care, custody and control of other persons, Cumberland Valley School District is secondarily liable only and liability of such others shall be primary. 29. To the extent Plaintiff's claims may constitute an exception to governmental immunity, the alleged defect in the sidewalk which is the subject of Plaintiff's Complaint did not constitute a dangerous condition. 30. To the extent Plaintiff's claims may constitute an exception to governmental immunity, the defect in the sidewalk which is the subject of Plaintiff's Complaint did not constitute a reasonably foreseeable risk of the kind of injury which Plaintiff claims she sustained. 31. To the extent Plaintiff's claims may constitute an exception to governmental immunity, Cumberland Valley School District did not have actual notice of the alleged dangerous condition at a sufficient time prior to Plaintiff's alleged fall to have taken measures to protect against the alleged dangerous condition. 8 32. To the extent Plaintiff's claims may constitute an exception to governmental immunity, Cumberland Valley School District could not reasonably charged with notice under the circumstances presented by Plaintiff's claim with respect to the alleged dangerous condition at a sufficient time prior to Plaintiff's alleged fall to have taken measures to protect against the alleged dangerous condition. 33. At all times relevant, Cumberland Valley School District, through its authorized agents, servants, representatives and workman, took all reasonably required protective measures, including inspections required by law under the circumstances, taking into consideration actual equipment, personnel and facilities available to the Cumberland Valley School District in accord with 42 Pa. C.S.A. §8542(c). 34. At all times relevant Answering Defendant fulfilled any duties owed to Plaintiff or persons in the position of the Plaintiff, as required by law. 35. Plaintiff, Margaret E. Matson's injuries and damages, if any, were caused solely and directly as a result of the negligence, carelessness, and recklessness of the Plaintiff, Margaret E. Matson, which negligence, carelessness, and recklessness may have consisted of the following: a. Failing to look where she was walking; b. Failing to walk carefully; C. Failing to keep a proper lookout; d. Failing to take appropriate and proper precautions for her own safety; e. Failing to observe a condition she now claims was hazardous, defective, and unsafe; 9 f. Failing to exercise prudent and appropriate care for her own safety and well being; g. Failing to observe and avoid a condition she now complains constituted a dangerous, hazardous, or unsafe condition; h. The condition of which Plaintiff now complains of was or should have been known to her; and i. Failing to wear appropriate footwear. 36. The Plaintiff, Margaret E. Matson, failed to exercise reasonable, careful and safety under the circumstances existing and such failure to exercise reasonable care as set forth hereinabove constitutes comparative negligence on her part. 37. The negligence, carelessness, and recklessness of the Plaintiff, Margaret E. Matson, as set forth in the preceding paragraphs, diminishes or bars her recovery pursuant to the provisions of the Pennsylvania Comparative Negligence Act. 38. Defendant, Cumberland Valley School District, is a governmental unit or agency within the meaning of 42 Pa.C.S.A. §8501 et. seq. 39. Plaintiff's claims are barred by reason of the fact that their claims against Defendant, Cumberland Valley School District, do not fall within any of the recognized exceptions to governmental immunity as set forth in 42 Pa.C.S.A. §8542. 40. Alternatively, if it is found Defendant, Cumberland Valley School District is not immune from this lawsuit by virtue of its status as a governmental unit or agency, then its liability and Plaintiffs' recovery, if any, for damages, is limited pursuant to 42 Pa.C.S.A. §8553. 10 41. Plaintiff failed to present timely notice of her claim against Answering Defendant as requested by 42 Pa. C.S.A. §5522(a)(1). 42. Answering Defendant is not liable for Plaintiff's alleged injuries by virtue of the Recreation Use of Land and Water Act (68 P.S. §471-1 et seq.). 43. The condition about which Plaintiff complains in her Complaint was or should have been known to Margaret E. Matson and she therefore, assumed the risk of her injuries and damages, if any. 44. The condition of which Plaintiff now complains was obvious to Margaret E. Matson or to a reasonable and prudent person. 45. Plaintiff's damages, if any, were caused solely, directly, and proximately as a result of the negligence, carelessness, and recklessness of individuals or entities other than Defendant over whom Defendant had no responsibility or control. 46. Plaintiff, Margaret E. Matson failed to exercise reasonable care for her own safety under the circumstances existing. 47. Defendant had no actual or constructive notice of the alleged dangerous, unsafe, defective, or hazardous condition that Plaintiff, Margaret E. Matson claims existed. 48. Plaintiff, Margaret E. Matson may have failed to mitigate her damages. 49. Some or all of Plaintiff, Margaret E. Matson's alleged injuries and damages may have preexisted or preceded the date of her alleged fall and were not caused or aggravated by her alleged fall. 50. Plaintiff, Margaret E. Matson's alleged injuries and damages may have been sustained subsequent to the date of her alleged fall and were not caused by her alleged fall. 11 51. Plaintiff, Margaret E. Matson has recovered from the injuries she allegedly sustained as a result of her fall. 52. At all times relevant, through its authorized agents, servants, workman, and employees, Defendant acted carefully, lawfully, properly and prudently, with due care under the circumstances, fulfilling all duties and responsibilities required by law. 53. At all times relevant, Defendant, Dr. B. Jean Walker, as Superintendent of the Cumberland Valley School District is immune from Plaintiff's claims by virtue of the defense of official immunity pursuant to 42 Pa. C.S.A. §8545. 54. All affirmative defenses available to Defendant, Cumberland Valley School District are hereby raised on behalf of and are applicable to Defendant, Dr. B. Jean Walker including but not limited to 42 Pa. C.S.A. §8546. 55. Defendant, Dr. B. Jean Walker is entitled to indemnity for Plaintiffs claims by Cumberland Valley School District by virtue of and pursuant to 42 Pa. C.S.A. §8548. 56. Plaintiff's damage claims against Dr. B. Jean Walker and Plaintiff's recovery for damages are limited by virtue of and pursuant to 42 Pa. C.S.A. §8549 and 8553. 57. Pursuant to Stipulation of Counsel for all parties to this litigation filed of record, Dr. B. Jean Walker has been dismissed with prejudice as an individual Defendant from this litigation. A copy of the Stipulation is attached hereto and marked Exhibit 1. 58. Pursuant to Stipulation of Counsel for all parties to this litigation filed of record, Plaintiff's Complaint has been amended to reflect that all ad damnum clauses (wherefore clauses) shall read: "an amount in excess of the mandatory arbitration limit in Cumberland County, Pennsylvania." A copy of the Stipulation is attached hereto and marked Exhibit 2. 12 WHEREFORE, Defendant, Cumberland Valley School District, demands judgment in their favor and against the Plaintiff, together with costs of suit. NEW MATTER/CROSSCLAIM PURSUANT TO PA. R.C.P. 2252 CUMBERLAND VALLEY SCHOOL DISTRICT V. WATERFORD SQUARE ASSOCIATES, INC. 59. Answering Defendant, Cumberland Valley School District, incorporate herein by reference, as if fully set forth at length, their Answers to Paragraph Nos. 1 - 56 inclusive, as set forth hereinabove. 60. The allegations of Plaintiff's Complaint insofar as they are directed to Defendant, Waterford Square Associates, Inc., and/or infer or allege liability on the part of Waterford Square Associates, Inc., are incorporated herein by reference for the limited purpose of this Crossclaim. 61. If Plaintiff is entitled to recover from any party, which recovery is expressly denied, then Defendant, Waterford Square Associates, Inc., is alone liable to Plaintiff or liable over to Defendant, Cumberland Valley School District, by way of contribution and/or indemnification based upon Defendant, Waterford Square Associate, Inc.'s negligence, carelessness, recklessness, liability for negligence or any other liability producing conduct as alleged in Plaintiff's Complaint and/or in Answering Defendant's New Matter. 62. If Defendant, Cumberland Valley School District is found liable to the Plaintiff, all such liability being expressly denied, their liability is secondary and passive to the liability of Defendant, Waterford Square Associates, Inc., whose liability is primary and active. WHEREFORE, Defendant, Cumberland Valley School District, demands judgment in their favor and against the Defendant, Waterford Square Associates, Inc., for any sums that may be adjudged against them and in favor of the Plaintiff, or in the alternative, demand judgment against 13 Defendant, Waterford Square Associates, Inc., for contribution or indemnification for the full or appropriate part of the amount of damages and costs awarded to Plaintiff, if any. Respectfully submitted, GRIFFITH, STRICVAR, LERMAN, SOLYMOS & BY: Robert A. Lerman, Esquire #07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 Dated: October 9, 2007 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, Civil Action - Law vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. No. 07-3275 JURY TRIAL DEMANDED PRAECIPE TO DISMISS, DEFENDANT=DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT WITH PREJUDICE To the Prothonotary: Please file the attached Stipulations. ., .._? x..3.7 l j Respectfully submitted, r- { GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ?z A)?k? Robert A. Lerman, Esquire #07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 1 10 South Northern Way York, PA 17402 (717) 757-7602 Date: September 28, 2007 EXHIBIT I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARE"I' E. MAT SON. Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER. SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL. DEMANDED STIPULATION TO DISMISS DEFENDANT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, WITH PREJUDICE We. Robert A. Lerman; F..squire, George W. Gekas. Esquire and Richard C. Snelbaker, Esquire. as counsel for all parties to this Litigation, hereby agree to the dismissal of Defendant, Dr. B. Jean Walker. Superintendent of Cumberland Valley School District, from this lawsuit, with prejudice. GRIFFITII, , IC:KLER, SLILY -LOS & CA] BV: Rbbcrt A. Lerman, Esqulft #87490 Attorney for Defendants. Cumberland Valley School District & Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 1 10 South Northern Way York, PA 17402 Dated: `I ! t3 Geor-e W. Gekas, Esquire Attorney for Plaintiff 1104 Fernwood Avenue, Suite 102 Camp Hill. PA 17011 Dated: SNELBAKFR R BRENNEMAN.. P.C. BY: Richard, C. Snelbaker, Esquire Attorney for Defendant, Waterford Square Associates. Inc- P.O. Box 318 "" 44 West Main S reet Mechanicsburrz. PAS 7057-0313 Dated: TOTAL P. 037 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET L. MAT SON, Plaintiff, vs. CUMBh'.RLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANIDED STIPULATION TO DISMISS DEFENDANTS DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, WITLI PREJUDICE We. Robert A. Lerman; Fsquire, George W. Gekas, Esquire and Richard C. Snelbaker, Esquire, as counsel for all parties to this litigation, here;bv agree to the dismissal of Defendant, Dr. B. Jean Walker, Superintendent Of Cumberland Valley School District, from this lawsuit, with prejudice. GRIFFITH. STRIC:KLER, LERMAN, SOLY.N-10S & CALKINS BY. Robert A. Lerman, Esquire 4107490 Attorney for Defendants, Cumberland Valley School District &- Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 Dated: i George W. Gekas, Esquire Attorney for Plaintiff 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 Dated: SNELBAKFR & BRENNENIAN. P:C.' BY: Richard'`t~., Snelbaker, Esquire Attornev ft)r-Defendant, Waterford Square A.ssoc~l es. Inc. Dated: P.O. Box ;18 44 West Main Street Mechanicsburg, PA 1765 :5-0318 TOTAL P.03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY- PENNSYLVANIA %4ARGARET E. MATSON, Plaintiff. v5, CL?MBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CU' BERLAND VALLEY SCHOOL DISTRICT. AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. STIPULATION TO DISMISS DEFENDANT, DR. B. -JEAN WALKER SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT WITH PREJUDICE We. Robert A. Lerman, Esquire. George W. Gekas; Esquire and A darn L. Seiferth, Esquire. as counsel for all parties to this litigation, hereby agree to the dismissal of Defendant, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, from this lav,'_uit, v?ilh prejudice. GRIFFITH, STRICKLER, LERNLAN, SOLYMOS & CA.LKINS BY Robert A. Lerman, Esquire x07490 Attorney for Defendants. Cumberland Valley School District & Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 1 10 South Northern Way York, PA 17402 Dated: George W. Gekas, Esquire Attomey for Plaintiff 1104 Femwood Avenue. Suite 102 Camp Hill; PA 17011 Dated: CIPRIANI & WERNER BY: Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED dam L. Seiferth. Attorney for Defen*ntp 'V?'aterford Square Associates, Irrc/ 101 1 Mumma Road, Suite 201 Lemoyne, PA 17043 Dated: C?` ('r, I--- 71a7,L . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. CERTIFICATE OF SERVICE JURY TRIAL DEMANDED AND NOW, this 28th day of September, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Dismiss Defendant, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District with Prejudice by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire Adam L. Seiferth, Esquire 1104 Fernwood Avenue, Suite 102 Cirpiani & Werner Camp Hill, PA 17011 1011 Mumma Road, Suite 201 (Counsel for Plaintiff) Lemoyne, PA 17043 (Counsel for Defendant, Waterford Square Associates, Inc.) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Qo?? 6 Robert A. Lerman, Esquire W07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker. Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 Civil Action - Law No. 07-3275 jmI, cumberland-praecipetodismiss IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED PRAECIPE TO AMEND PLAINTIFF'S COMPLAINT - AD DAMNUM CLAUSES WHEREFORE CLAUSES To the Prothonotary: Please file the attached Stipulations. Respectfully submitted, GRIFFITH, STWCKLER, LERMAN, SOLYMOS & BY: Robert A. Lerman, Esquire #07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 Date: October 9, 2007 EXHIBIT a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED STIPULATION TO AME 0 PLAINTIFF'S COMPLAINT - AD DAMNUM CLAUSES. (WHEREFORE CLAUSES) We, Robert A. Lerman, Esquire, George W. Gekas, Esquire and Adam L. Seiferth, Esquire, as counsel for all parties to this litigation, hereby agree to the amendment of Plaintiff's Complaint to reflect that all ad damnum clauses (wherefore clauses) shall read: "an amount in excess of the mandatory arbitration limit in Cumberland County, Pennsylvania". G CKLER, LERMAN, 6 & CALKINS BY. G-CA Robert A. Lerman, Esquir #07490 Attorney for Defendants, Cumberland Valley School District & Dr. B. Jean Walker, Superintendent of Cumberland Valley School District l 10 South Northern Way York, PA 17402 Dated: George W. Gekas, Esquire Attorney for Plaintiff 1104 Fernwood Avenue, Suite 449-2 --VV Camp Hill, PA 17011 Dated: u' ' f CIPRIANI & WERNER BY: Dated: Adam L. Seiferth, Esquire Attorney for Defendant, Waterford Square Associates, Inc. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED STIPULATION TO AMEND PLAINTIFF'S COYTL AI.tiT - A; ! 'X IJ CLAUICFS WLEREFORE _ CLA.L,SES - We, Robert A. Lerman, Esquire, George W. Gekas, Esquire and Adam L. Seiferth, Esquire, as counsel for all parties to this litigation, hereby agree to the amendment of Plaintiffs Complaint to reflect that all ad damnum clauses (wherefore clauses) shall read: "an amount in excess of the mandatory arbitration limit in Cumberland County, Pennsylvania". GRIFFITH, STRICKLER, LERMAN, SOLYNIOS & CALKINS BY: Robert A. Lerman, Esquire #07490 Attorney for Defendants, Cumberland Valley School District & Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 South Northern Way York, PA 17402 Dated: George W. Gekas, Esquire Attorney for Plaintiff 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 Dated: CIPRIANI & WERNER BY: Adam L. Seiferth, E tnt re Attorney for Defend Wa terford Square Associates, Inc. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Dated: 0?-Q7-2C07- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9th day of October, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Amend Plaintiffs Complaint - Ad Damnum Clauses (Wherefore Clauses) by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire Adam L. Seiferth, Esquire 1104 Fernwood Avenue, Suite 102 Cirpiani & Werner Camp Hill, PA 17011 1011 Mumma Road, Suite 201 (Counsel for Plaintiff) Lemoyne, PA 17043 (Counsel for Defendant, Waterford Square Associates, Inc.) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & BY: Refbert A. Lerman, Esquire #07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 klr/cumberl and-praecipeto amend VERIFICATION 1, Dr. Mary Riley, Assistant Superintendent of Cumberland Valley School District, hereby \-rritj that the statements made in the foregoing Answer, New Matter and Crosselaim to Plaintift"s Complaint are true and correct to the best of my personal knowledge or information and belief ' as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my s ?iade upon the advice of counsel, upon wrior,_1 I have reiiad in the filing this cri Icadon i 1 document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn talsitications to authorities. CUMBERLAND VALLEY SCHOOL DISTRICT Dy itcd: 4.-"20 ?007 By: GG-` 6 - - t"i Dr. Mary iley, Assistant Superintendent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9"' day of October, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the ANSWER, NEW MATTER AND CROSSCLAIM OF DEFENDANT, CUMBERLAND VALLEY SCHOOL DISTRICT, TO PLAINTIFF'S COMPLAINT by United States Mail, addressed to the parry or attorney of record as follows: George W. Gekas, Esquire Adam L. Seiferth, Esquire 1104 Fernwood Avenue, Suite 102 Cipriani & Werner Camp Hill, PA 17011 1011 Mumma Road, Suite 201 (Counsel for Plaintiff) Lemoyne, PA 17043 (Counsel for Waterford Square Associates, Inc.) GRIFFITH, STIJCKLER, LERMAN, SOLYMOS & BY: ?)? Robert A. Lerman, Esquire #07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way klr/cumberland-anm York, PA 17402 (717) 757-7602 -'{ rn rn ?a C'2 n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Margaret E. Matson, CASE NUMBER: 07-3275 Plaintiff V. Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, and Waterford Square Associates, Inc., Defendants ISSUE NUMBER: PLEADING: ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT, WATERFORD SQUARE ASSOCIA'T'ES, INC., TO PLAINTIFF'S COMPLAINT CODE AND CLASSIFICATION: FILED ON BEHALF OF: Waterford Square Associates, Inc., Defendant. TO: Margaret Matson and Cumberland Valley School District YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER AND CROSSCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST OU. ft?0_ ?. / f, _ ADAM L. SEIFERTH, ES(7E COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Margaret E. Matson, Plaintiff V. Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, and Waterford Square Associates, Inc., Defendants CASE NO: 07-3275 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT, WATERFORD SQUARE ASSOCIATES, INC., TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Waterford Square Associates, Inc. ("Waterford"), by and through its attorneys, Cipriani & Werner, and answers Plaintiff's Complaint as follows: COUNTI Margaret E. Matson v. Cumberland Valley School District 1. Denied. After reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiff's Complaint and the same are therefore denied. 2. Denied. After reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 2 of Plaintiff's Complaint and the same are therefore denied. 3. Denied. Defendant, Dr. Jean B. Walker, has been dismissed from this suit with prejudice by stipulation of the Parties. 4. Admitted with clarification. Defendant, Waterford, has its principal place of business located at 215 South Centerville Road, Lancaster, Pennsylvania, 17603. 5. Admitted in part and denied in part. It is admitted that Defendant, Waterford, owns a right of way and/or easement inclusive of Waterford Drive and Ashburg Drive, which may be inclusive of the sidewalks situated along said Drives. However, it is specifically denied that Defendant, Waterford, had any duty to control, maintain or repair any alleged sidewalk. It is specifically denied that Defendant, Waterford, co-awned any property with Defendant, Cumberland Valley School District. By way of further answer, after reasonable investigation, Defendant, Waterford, is without knowledge or information to form a belief as to the truth of the remaining averments contained in paragraph 5 of Plaintiff's Complaint and the same are therefore denied. To the extent a further answer is required, the remaining averments contained in paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. After reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 6 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, the alleged intersection of Ashburg Drive and Waterford Drive does not exist. To the extent a further answer is required, the averments contained in paragraph 6 are denied pursuant to Pa.R.C.P. 1029(e). 7. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 7 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent a further answer is necessary, it is specifically denied that the sidewalk was defective in any way and/or that Defendant, Waterford, had any duty to maintain or otherwise control the sidewalk. By way of further answer, Defendant, Waterford, specifically denies that the photograph attached to Plaintiff's Complaint as Exhibit "A" is a true and accurate depiction of the sidewalk as it existed on or about June 7, 2005 or that said photograph in any way depicts a defective condition. By way of further answer, the averments contained in paragraph 7, including Exhibit "A", are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 8 state conclusions of law to which no answer is required. To the extent a further answer is necessary, it is specifically denied that the sidewalk was defective in any way and/or that Defendant, Waterford, had any duty to maintain or otherwise control the sidewalk. By way of further answer, the averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 9 state conclusions of law to which no answer is required. To the extent a further answer is necessary, it is specifically denied that the sidewalk was defective in any way and/or that Defendant, Waterford, had any duty to maintain or otherwise control the sidewalk. By way of further answer, the averments contained in paragraph 9 are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 10 state conclusions of law to which no answer is required. To the extent a further answer is necessary, it is specifically denied that the sidewalk was defective in any way and/or that Defendant, Waterford, had any duty to maintain and/or control the sidewalk or had notice of any alleged defective condition. By way of further answer, the averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 11 state conclusions of law to which no answer is required. To the extent a further answer is necessary, it is specifically denied that the sidewalk was defective in any way and/or that Defendant, Waterford, had any duty to maintain or otherwise control the sidewalk. By way of further answer, the averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). 12. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 12 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e). To the extent a further answer is necessary, after reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of the alleged injuries suffered by Plaintiff and the same is therefore denied. 13. Denied. The averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of the alleged injuries suffered by Plaintiff and the same is therefore denied. 14. Denied. The averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of the alleged injuries suffered by Plaintiff and the same is therefore denied. 15. Denied. The averments contained in paragraph 15 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of the alleged injuries suffered by Plaintiff and the same is therefore denied. 16. Denied. The averments contained in paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of the alleged injuries suffered by Plaintiff and the same is therefore denied. 17. Denied. The averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of the alleged injuries suffered by Plaintiff and the same is therefore denied. 18. Denied. The averments contained in paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of the alleged injuries suffered by Plaintiff and the same is therefore denied. 19. Denied. After reasonable investigation, Defendant, Waterford, is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 19 and the same are therefore denied. By way of further answer, Defendant, Waterford, does not co-own property with Defendant, Cumberland Valley School District. 20. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 20 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, Plaintiff fails to identify any individuals who were agents, servants or employees of Defendant, Waterford, thereby precluding Defendant, Waterford, from formulating a response. To the extent that a further answer is required, the averments contained in paragraph 20 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Waterford Square Associates, Inc., respectfully requests that Plaintiff's Complaint be dismissed. COUNT II Maruaret E. Matson v. Dr. B. Jean Walker 21. Defendant, Waterford, incorporates its answer to paragraphs 1 - 20 of Plaintiff's Complaint above as if fully set forth herein at length. By way of further answer, Defendant:, Dr. Jean B. Walker, has been dismissed from this suit with prejudice by stipulation of the Parties. WHEREFORE, Defendant, Waterford Square Associates, Inc., respectfully requests that Plaintiff's Complaint be dismissed. COUNT III Margaret E. Matson v. Waterford Square Associates, Inc. 22. Defendant, Waterford, incorporates its answer to paragraphs 1 - 21 of Plaintiffs Complaint above as if fully set forth herein at length. WHEREFORE, Defendant, Waterford Square Associates, Inc., respectfully requests that Plaintiff's Complaint be dismissed. NEW MATTER 23. Plaintiff's claims may be barred, in whole or in part, by the applicable statute of limitations. 24. Defendant, Waterford, owns a right of way and/or easement along Ashburg Drive and Waterford Drive. 25. Defendant, Waterford, however, does not otherwise possess, control or maintain the sidewalk along Ashburg Drive and has no duty to inspect, maintain or repair said sidewalk. 26. It is believed that the duty to inspect, maintain and repair the sidewalk rests with the Silver Spring Garden Apartments and/or its owners, agents, servants and employees. 27. Alternatively, it is believed that the duty to inspect; maintain and repair the sidewalk rests with Defendant, Cumberland Valley School District. 28. The intersection of Waterford Drive and Ashburg Drive, as alleged in Plaintiff's Complaint, does not exist and, therefore, Defendant, Waterford, cannot form a belief as to the location of Plaintiff's alleged fall. 29. The condition of the sidewalk was neither dangerous nor defective. 30. If the sidewalk was in a dangerous or defective condition as alleged by Plaintiff, which is specifically denied, the condition was open and obvious to Plaintiff and, therefore, should have been appreciated by Plaintiff and avoided. 31. Plaintiff's claims are reduced or barred by the Comparative Negligence Act. Plaintiff's contributory negligence consisted of, but is not limited to: a. Failing to watch where she was walking; b. Failing to keep a proper lookout; C. Failing to pay attention to her surroundings; d. Failing to use an alternate available route; and, e. Failing to avoid an obvious condition. 32. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part, and are not causally related to the incident giving rise to the present litigation. 33. Discovery may reveal that Plaintiffs claims may be barred in whole or in part by one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. WHEREFORE, Defendant, Waterford Square Associates, Inc., respectfully requests that Plaintiff's Complaint be dismissed. NEW MATTER IN THE NATURE OF A CROSSCLAIM Waterford Square Associates, Inc. v. Cumberland Valley School District 34. Defendant, Waterford, incorporates Plaintiff's Complaint without admission or adoption and their answer to Plaintiff's Complaint as though the same were fully set forth herein at length. 35. In the event that any liability is found to exist the part of Defendant, Waterford, which liability is specifically denied, then Defendant, Cumberland Valley School District, is liable over to Defendant, Waterford, for contribution and/or indemnification or is jointly and severally liable to Plaintiff. 36. In the event that harm, losses or damages alleged by Plaintiff are found to exist, which are specifically denied, then Defendant, Cumberland Valley School District, is solely liable to Plaintiff for the harm, losses or damages to Plaintiff, or is liable over to Defendant, Waterford, for contribution and/or indemnification, or is jointly and severally liable to Plaintiff. WHEREFORE, Defendant, Waterford Square Associates, Inc., demands judgment in its favor and against Defendant, Cumberland Valley School District. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERT , E UIRE Counsel for the Defe da , Waterford Square As sates, Inc. VERIFICATION I hereby affirm that the following facts are correct: Waterford Square Associates, Inc. is a Defendant in the foregoing action. The attached Answer and New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer and New Matter is that of counsel and not of me. I have read the Answer and New Matter and to the extent that the Answer and New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: /0 ' 2 .0 7 A=Onzeq Jare presentative oir Waterford Associates, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Waterford Square Associates, Inc., hereby certifies that a true and correct copy of its ANSWER WITH NEW MATTER AND CROSSCLAIM has been served on all counsel of record, by first class mail postage pre- ai , according to the Pennsylvania Rules of Civil Procedure, on the day of , 2007. George W. Gekas, Esquire 1104 Femwood Avenue, Suite 201 Camp Hill, PA 17011 Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ` ADAM L. SEIFERTH, Counsel for the Defend t, Waterford Square Asso i es, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Margaret E. Matson, Plaintiff V. Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, and Waterford Square Associates, Inc., Defendants CASE NUMBER: 07-3275 ISSUE NUMBER: PLEADING: ANSWER OF DEFENDANT, WATERFORD SQUARE ASSOCIATES, INC., TO NEW MATTER/CROSSCLAINI OF DEFENDANT, CUMBERLAND VALLEY SCHOOL DISTRICT CODE AND CLASSIFICATION: FILED ON BEHALF OF: Waterford Square Associates, Inc., Defendant. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Margaret E. Matson, CASE NO: 07-3275 Plaintiff V. Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, and Waterford Square Associates, Inc., Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT, WATERFORD SQUARE ASSOCIATES, INC., TO NEW MATTER/CROSSCLAIM OF DEFENDANT, CUMBERLAND . VALLEY SCHOOL DISTRICT AND NOW, comes the Defendant, Waterford Square Associates, Inc. ("Waterford"), by and through its attorneys, Cipriani & Werner, P.C., and answers the New Matter/Crossclaim of Defendant, Cumberland Valley School District ("Cumberland Valley") as follows: 59. Denied. Defendant, Waterford, incorporates by reference herein as if fully set forth at length, its Answer to Plaintiff s Complaint in response to paragraph 59 of the Crossclaim of Defendant, Cumberland Valley. 60. Denied. Defendant, Waterford, incorporates by reference herein as if fully set forth at length, its Answer to Plaintiff s Complaint in response to paragraph 60 of the Crossclaim of Defendant, Cumberland Valley. 61. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 61 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 61 are denied pursuant to Pa.R.C.P. 1029(e). 62. Denied. Defendant, Waterford, is advised by counsel and therefore avers that the allegations contained in paragraph 62 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 62 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Waterford Square Associates, Inc., demands judgment in its favor and against Defendant, Cumberland Valley School District. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: a6 k ADAM L. SEIF RT , E UIRE Counsel for the Defe a , Waterford Square Ass sates, Inc. OCT-129-200,05: 46 CB HOMESHLE SERA..! I CES -rc °O YE RI (CATION I hc'reby aftirm that the following facts are correct: Waterford Square Associates, Inc, is a Defettdat),t ill the foregoing action. The artacheci Answer to New Matter/Crossclaim is based upon information which I leave furnished to illy counsel and information which has boon gathered by my counsel in preparation for this lawsuit. The language of the Answer to Ncw Matter/C;rosselaiin i5 that of' counsel and '10( eat` me, 1 have read the Answer to New Matter/Crossclaitn and co the extent that the Answer to New Matter/Crossclaim is based upon information which I have given to my counsel, it is true itnd correct to cite hest cif' my knowledge, ink)"Matiot) and helicf. To the extent that the content of the Answer to New Matter/Crossclaim is that cal` cottnscl, i leave a-clied u.roti couII.Jel in making this verification. I hereby acknowledge that the ('Ms yet forth in the aforesaid Answer to New Matter/Ct'osscltiiIll is Made subject to the penalties cal' 18 Pa.C.S. 4904 relating to ut1swo rn falsification to authorities, r I Dated: fi?tho;,i4?"d Re;Kt4;sciltative cif h Watcror quare Associates, Inc. TOTHL F. 02 f ' 1 i" w 2007 ------------------- CERTIFICATE OF SERVICE a That counsel for the Defendant, Waterford Square Associates, Inc., hereby certifies that a true and correct copy of its ANSWER OF DEFENDANT, WATERFORD SQUARE ASSOCIATES, INC., TO NEW MATTER/CROSSCLAIM OF DEFENDANT, CUMBERLAND VALLEY SCHOOL DISTRICT has been served on all counsel of record, by first class mail, posts a pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of ` , 2007. George W. Gekas, Esquire 1104 Femwood Avenue, Suite 201 Camp Hill, PA 17011 Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERT , E IRF Counsel for the Defe dant, Waterford Square As ci es, Inc. C1 r o t s7 C.v, i 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. F V Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED TO NEW MATTE R/CROSSCLAIM OF DEFENDANT WATERFORD So LRE ASSOCIATES, INC_ _ AND NEW MATTER CROSSCLAIM AND NOW, comes, Defendant, Cumberland Valley School District, by its counsel Robert A. Lerman, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Reply to New Matter Crossclaim of Defendant, Waterford Square Associates, Inc., and New Matter Crossclaim as follows: 27. To the extent a response is required, Defendant, Cumberland Valley School District, is without knowledge or information at this time sufficient to form a belief as to which a particular sidewalk and at what precise location on a particular sidewalk Plaintiff claims to have fallen and therefore cannot affirm or deny whether the School District is responsible for sidewalk inspection, maintenance and/or repair. By way of further response, to the extent the allegations set forth in Paragraph No. 27 constitute a conclusion of law no further response is required. WHEREFORE, Defendant, Cumberland Valley School District, demands judgment in its favor and against Plaintiff and/or Defendant, Waterford Square Associates, Inc. 34, Answering Defendant, Cumberland Valley School District, incorporates reference as if fully set forth at length, its Answer, New Matter herein by and Crossclaim filed in response to Plaintiff's Complaint and its Reponses to New Matter as hereinabove stated. 35. Denied. To the extent the allegations set forth in Paragraph No. 35 consti conclusion of law, no response is required. To the extent a response is required, constitute it is denied that in the event that any liability is found to exist on the part of Defendant, Waterford Square Inc., then Defendant, Cumberland Valley School District is liable over to Defendant, Waterford Square Associates, Inc., for contribution and/or indemnification or is jointly and severally liable to Plaintiff and strict proof thereof is hereby demanded. 36. Denied. To the extent the allegations set forth in Paragraph No. 36 constitute a conclusion of law, no response is required. To the extent a response is required, it is denie the event that harm, losses or damages alleged by Plaintiff are found to exist, then Defendant, Cumberland Valley School District, is solely liable to Plaintiff for the harm losses or damages to Plaintiff, or is liable over to Defendant, Waterford Square Associates, Inc., for contribution and/or indemnification or is jointly and severally liable to Plaintiff and strict proof thereof is hereby demanded. WHEREFORE, Defendant, Cumberland Valley School District, demands judgment favor and against Defendant, Waterford Square Associates, Inc. in its 2 t Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Robert A. Lerman, Esquire #07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 Dated: November, 2007 3 VERIFICATION I, Dr. Mary Riley, Assistant Superintendent of Cumberland Valley School District he reby verify that the statements made in the foregoing Reply of Defendant, Cumberland Vall ey School District, to New Matter Crossclaim of Defendant, Waterford Square Associates Inc., and New Matter Crossclaim are true and correct to the best of my personal knowledge or information belief, as well as reports, records, conferences and other investigatory material made av ilable to and To the extent that the foregoing contains averments which are inconsistent in fact I verify that m y knowledge or information is sufficient to form a belief that one or more of them is true my , although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state t Verification is made upon the advice of counsel, upon whom I have relied in the that my document. filing this This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsw falsifications to authorities. orn CUMBERLAND VALLEY SCHOOL DISTRICT Dated: By: Dr. Mary . y, Assistan uperintendent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P MARGARET E. MATSON, PENNSYLVANIA Plaintiff, Civil Action - Law vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -4 day of November, 2007, I, Robert A. Lerman GRIFFITH, STRICKLER, LE , a member of the firm of RMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the REPLY OF DEFENDANT, CUMBERLAND VALL DISTRICT, TO NEW MATTER CROSSCLAIM VALLEY SCHOOL OF DEFENDANT, WATERFORD SQUARE ASSOCIATES, INC., AND NEW MATTER CROSSCLAIM by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Adam L. Seiferth, Esquire Camp Hill, PA 17011 Cipriani & Werner (Counsel for Plaintiff) 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Counsel for Waterford Square Associates, Inc.) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Q 6• A Robert A. Lerman, Esquire #07490 Attorney for Defendant, Cumberland Valley School District klr/cumberland-reply 110 South Northern Way York, PA 17402 (717) 757-7602 ry ?.? cz? 0 - < --i n .. '^ r-. 51 mi N -, m 1> c` C3? m rv co C I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, VS. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND Judge: WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED MOTION OF DEFENDANT, CUMBERLAND VALLEY SCHOOL DISTRICT, TO COMPEL PLAINTIFF TO RESPOND TO DISCOVERY REQUESTS And now comes Defendant, Cumberland Valley School District, by its counsel, Robert A. Lerman and David E. Cook, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Motion to Compel Plaintiff to respond to written discovery requests, the grounds for which are as follows: 1. Plaintiff instituted this civil action for personal injuries sustained as a result of an alleged trip and fall that occurred on June 7, 2005, by the filing of a Writ of Summons on June 1, 2007. 2. On July 18, 2007, in response to Moving Defendant's Praecipe, a Rule was issued directing Plaintiff to file a Complaint. 3. One August 17, 2007, Plaintiff filed a Complaint, a copy of which is attached hereto and marked Exhibit "1". 4. On July 20, 2007, Moving Defendant propounded Interrogatories, Set No. 1, to the Plaintiff, a copy of which are attached hereto and marked Exhibit 112". 5. On July 20, 2007, Moving Defendant propounded a Request for Production of Documents, Set No. 1, to the Plaintiff, a copy of which is attached hereto and marked Exhibit 66 I 6. The Interrogatories and Request for Production of Documents were transmitted with correspondence to Plaintiffs counsel July 20, 2007, certified mail return receipt requested and were received by Plaintiff's counsel on July 25, 2007. A copy of the transmittal letter and the U.S. Postal receipt evidencing service of the discovery requests are attached and collectively marked Exhibit 114". 7. On June 15, 2007, Moving Defendant's counsel corresponded with Plaintiff's counsel requesting information and documentation relating to Plaintiff's liability theory and Plaintiff's damages. A copy of said correspondence is attached hereto and marked Exhibit "5". 8. On August 23, 2007, Moving Defendant's counsel reiterated the request to Plaintiff's counsel to provide a color copy of the Polaroid photograph attached to Plaintiff's Complaint as Exhibit A. A copy of said correspondence is attached hereto and marked Exhibit «699 9. On September 17, 2007, counsel for Moving Defendant communicated with Attorney Gekas with regard to the status of providing Plaintiffs Answers to Moving Defendant's Interrogatories and Request for Production of Documents and production of a color copy of the Plaintiffs Polaroid photograph. A copy of said correspondence is attached hereto and marked Exhibit "7". 10. On September 26, 2007, counsel for Moving Defendant's again communicated with counsel for the Plaintiff regarding Plaintiffs delinquent responses to the discovery requests. A copy of said correspondence is attached hereto and marked Exhibit 4". 11. On October 22, 20079 Plaintiffs counsel requested an extension for Plaintiff to respond to Defendant's outstanding written discovery requests and an extension was granted as 2 a outlined in the enclosed letter dated October 24, 2007. A copy of said correspondence is attached hereto and marked Exhibit 1191'. 12. Moving Defendant's counsel has had no further response from Plaintiff's counsel with regard to the manner in which Plaintiff intends to proceed with this litigation; i.e. via power of attorney previously granted by Plaintiff to her daughter or via guardian appointment on behalf of the Plaintiff who apparently now suffers from dementia and more than 30 days have passed since Exhibit "9" was transmitted with regard to the qualified extension granted involving the delinquent discovery responses. Plaintiff has yet to supply a copy of the Power of Attorney from Plaintiff to her daughter and in the event Plaintiff intends to pursue this litigation under the power of said power of attorney, Moving Defendant requests Plaintiff provide a copy of same as requested in Exhibit "9". 13. Plaintiff has never responded (by the filing of answers or objections) to Moving Defendants Interrogatories and Request for Production of Documents nor produced the color copy of the Polaroid photograph attached as Exhibit A to Plaintiff s Complaint. 14. The information and documentation solicited in the Interrogatories and Request for Production of Documents and the color copy of the Polaroid photograph is relevant information with regard to Plaintiff's liability and damage claims and Moving Defendant's submission of these discovery requests constituted the first stage of the discovery phase of this litigation which will then afford Moving Defendant the opportunity to prepare for and take depositions, address any issues framed and legal theories set forth in Plaintiff's Complaint or issues raised by expert witnesses to be called by Plaintiff at trial. The submission of Plaintiff's discovery responses will also then permit Moving Defendant to obtain Plaintiff's pertinent medical records (past and current), insurance records and any other records deemed necessary 3 1P and to evaluate and respond to Plaintiff's liability and damage claims as set forth in Plaintiff's Complaint. 15. Plaintiff's tardiness in responding to the discovery requests is delaying this litigation. 16. No judge has ruled upon any other issue in this case as of this date. WHEREFORE, Moving Defendant, Cumberland Valley School District, respectfully requests this Honorable Court issue an Order compelling Plaintiff to respond to the discovery, requests, produce a color copy of Exhibit A to Plaintiff's Complaint and copy of the Power of Attorney as described in this Motion within 30 days from the date of this Court's Order. GRIFFITH, STRICKLER, LERMAN, SOS & CALKINS BY: Dated: 11 4 4) , ROBERT A. LERMAN, ESQUIRE #07490 DAVID E. COOK, ESQUIRE #78318 Attorneys for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Civil Action - Law Plaintiff V. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD To: Cumberland Valley School District Dr. B. Jean Walker, Superintendent of Cumberland Valley School District c/o Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way ??- York, PA 17402-3737 = To: Waterford Square Associates, Inc. _` - ' 215 Centerville Road Lancaster, PA 17603 - °< You are hereby notified to plead to the enclosed er within twenty (20) days from service hereof or a default judgment may be entered against you. By. George W. Gekas, Esquire Pa. Supreme Court ID #07177 1104 Fernwood Avenue, Suite 201 Camp Hill, PA 17011 (717) 901-5918 - phone Attorney for Plaintiff T _b"b"V0 tha t of aid at calb+ ~ ?` _? V r Oh W I U1 IF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff Civil Action - Law V. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED COMPLAINT COUNTI Margaret E. Matson, Plaintiff v. Cumberland Valley School District AND NOW, comes George W. Gekas, Esq., attorney for the Plaintiff, Margaret E. Matson, and avers the following: 1. Plaintiff, Margaret E. Matson, a widowed lady, now resides at the Claremont Nursing Center, 1000 Claremont Road, Carlisle, Pennsylvania 17013. 2. Defendant, Cumberland Valley School District, is a corporate entity created under the laws of the Commonwealth of Pennsylvania, the main office of which is situated at 6746 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Dr. B. Jean Walker, is the Superintendent of the Defendant, Cumberland Valley School District, and is charged with the duties and responsibilities for the daily functioning of the school buildings, grounds, streets, sidewalks, field, etc. appertaining to Defendant, Cumberland Valley School District, as well as the educational programs touching upon the students and faculty of said School District. 4. Defendant, Waterford Square Associates, Inc., is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 215 Centerville Road, Lancaster, Pennsylvania 17603. 5. On or about June 7, 2005, the Plaintiff, then a resident of 66 Ashburg Drive, Mechanicsburg, Pennsylvania, was walking near her residence on the Waterford Drive sidewalk fronting the Silver Spring Garden Apartments, 64 Ashburg Drive, Mechanicsburg, Pennsylvania, which sidewalk was and is situated on property co-owned by the Defendant, Cumberland Valley School District and Defendant, Waterford Square Associates, Inc. 6. As the Plaintiff reached a point in the sidewalk that was and is approximately 180 feet from the intersection of Ashburg Drive and Waterford Drive, she was thrown off balance by a raised portion of said sidewalk, causing her to fall violently on her face and head. s 7. The said raised portion of the sidewalk was and is a defect running across the entire width of the sidewalk from less than an inch high on the street (curb) side of the sidewalk to a gradual height of two inches, more or less, more fully described in the photograph attached hereto and made a part hereof as Exhibit A. 8. The Plaintiff, in walking from the lower sidewalk segment toward the segment raised as aforesaid, was caused to stumble and fall to the ground by reason of the defect hereinbefore described, having been thrown off balance and onto the sidewalk directly on her face and head. 9. The said raised portion existed in the groove between two squares of said sidewalk in such a way as to constitute such a dangerous condition that Defendants should have replaced or repaired or reconfigured that portion of the sidewalk. 10. The dangerous condition, so caused and so neglected, created a reasonably foreseeable risk of injury to pedestrians, like the Plaintiff, and the defect had existed for so long that the Defendants were charged with notice at a sufficient time prior to the fall sustained by the Plaintiff to have taken measures to protect against the dangerous condition. 11. On the date of Plaintiff s fall, and for a long time prior thereto, the sidewalk was so negligently and carelessly controlled and maintained by the Defendants that the said sidewalk was permitted and allowed by the Defendants to become and remain in a highly defective condition, in that it was cracked, uneven, sunken and otherwise not reasonably safe for the use of pedestrians such as the Plaintiff. 12. As a further result of the fall so experienced by Plaintiff, Plaintiff has sustained permanent loss of her theretofore excellent mental health in that the trauma to Plaintiff's head caused the onset of dementia, a condition that has continuously worsened since the said trauma, and which has substantially reduced Plaintiff s quality of life. 13. As a further result of Plaintiff's fall, Plaintiff's ability to walk without walking devices and aids has been eliminated. 14. Plaintiff's quality of life has been substantially diminished and damaged, preventing her from daily walking, exercise routines, as well as regular visitations and errands in and around the residential complex of which her residence was a part. 15. As a further result of the fall suffered by the Plaintiff, her ability to join in activities with her daughters and others has been severely diminished. 16. As a result of the fall suffered by the Plaintiff, she has sustained permanent loss of the free use of her legs and her ability to walk without the aid of canes, "walkers", or other devices. 17. As a further result of the trauma so inflicted upon the Plaintiff, Plaintiff was required to lay out great sums of money for medical expenses, short term and long term, as more fully specified and described hereinafter is Exhibit A., attached hereto and made a part hereof. 18. As yet another result of the trauma so experienced and hereinbefore described, the Plaintiff suffered through, and is continuing to suffer through immense pain and suffering, as more fully specified and described hereinafter in Exhibit B, attached hereto and made a part hereof, the most serious result therein being the onset of dementia following the trauma sustained by the head. 19. At all times material to the foregoing averments, the land of which the subject sidewalk was a part, was owned by Defendants Cumberland Valley School District and Waterford Square Associates, Inc. 20. At all times material to the foregoing averments, the individuals or entities that constructed the subject sidewalk and/or maintained same, were acting, or failing to act, as individuals, or as agents, servants, or employees of the Defendants. WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount not to exceed Five Hundred Thousand ($500,000.00) Dollars, exclusive of interest and costs. COUNT II Margaret E. Matson v. Dr. B. Jean Walker 21. The Plaintiff incorporates by reference paragraphs 1 through 20. WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount not to exceed Five Hundred Thousand ($500,000.00) Dollars, exclusive of interest and costs. COUNT III Margaret E. Matson v. Waterford Square Associates, Inc. 22. The Plaintiff incorporates by reference paragraphs 1 through 21. WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount not to exceed Five Hundred Thousand ($500,000.00) Dollars, exclusive of interest and costs. RESPECTFULLY SUBMITTED: Dated: George W. Gekas, Esquire I.D. No. 07177 1104 Fernwood Avenue, Suite 201 Camp Hill, Pennsylvania 17011 Telephone: (717) 901-5918 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC. Defendants Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED VERIFICATION I, MARGARET E. MATSON, verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unworn falsification to authorities. MA GARET E. MATSON DATE: 0-1,1.0, ("'o r I 7 Exhibit "A," as per Paragraph 7 of Plaintiff's Complaint Photograph of site of fall Out-of-pocket medical expenses in the amount of $1,640.91, as per notations made and kept by Sandra Morris, daughter of Plaintiff, Margaret E. Matson C ' A arG?? _3 7/,, V,-77 ? ;CCU I .'77 E 145-?s&C . i t.1 t7(o 5 3.5q AGzr'di ( 3 f - Ce (1Q.4? 01-k S? (v 5P. hmbk&"U? I I laics Comb. Rum" Pr-q,, . I q?5 cer?_ q?n n ffigT ( c ((7(0:5 L?, - t, Fcc?f - Exhibit "A," as per Paragraph 17 of Plaintiff's Complaint the at nt of $33.6g1) non al Morris? e ew..per Matson Medic s aaae andkept E a lviarg as per notation tiff, dancer of Plain __ i(f 71" Mfr ? 15 0? ??,z? Z ?e2 to (c (05 Sf?T 3J o gt(2(0 (0`5 0,? 19 0 t <76. -cl(O c 6- 6, <g C25 as per E iibit "X' ?agti s Compl?t paragraph l.? of plate Continued Medicare expenses in the amount of $7,533.68, as per notations made and kept by Sandra Morris, daughter of Plaintiff, Margaret E. Matson i ? (zg(o5 t a(?Q X05 a (alp I I,* d'7 On 9 7(e9.95 57 ?•(cO 57-7, 52 y 3 ?9 jqg.g,,?5 z? 9414 q-?5:7 1?3?q `a'1.3Z :54 ffl 3a ,?$ 2?3 loy 1(0 Cb q1 7/? v 41 MOO -L "? `7 e,Q?e.30 ZI?t - (rl- 57 - V S? q-5'(0-0 3ql-c? I 3a-1s 45 3,1? Z ao,oZ ~?; s Exhibit "A' (Page 3), as per Paragraph 17 of Plaintiff's Complaint Injuries and pain & suffering sustained by Plaintiff, Margaret E. Matson Injuries to: Shoulders and knees, resulting in Plaintiff's inability to walk on her own and requiring nursing care beginning on October 1, 2005 and continuing to this day Sleep deprivation due to pain, requiring substitution of gliding chair for Plaintiff's bed After sustaining her injuries, Plaintiff can only walk by means of a walker Injuries sustained: Broken nose, facial lacerations requiring stitches, facial bruises Bruises to knees, hands and elbows Tendonitis Dementia, first mild then advanced Exhibit "B," as per Paragraph 18 of Plaintiff's Complaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff V. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC. Defendants Civil Action - Law No. 07-3275. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, George W. Gekas, Esquire, do hereby certify that on this, the 6%y of August 2007, I served a true and correct copy of the foregoing Complaint by sending the same by first class U.S. mail, postage prepaid, addressed to the parties and/or attorneys of record, as follows: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Waterford Square Associates, Inc. 215 Centerville Road Lancaster, PA 17603 By: George W. Gekas, Esquire Pa. Supreme Court ID #07177 1104 Fernwood Avenue, Suite 201 Camp Hill, PA 17011 (717) 901-5918 - phone Attorney for Plaintiff ,qm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT. CUMBERLAND VALLEY SCHOOL DISTRICT AND DR. B. JEAN WALKER,, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT TO PLAINTIFF, SET NO. _1 TO: Margaret E. Matson, Plaintiff c/o George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 The Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, by its attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands that Plaintiff answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiants obtain further information between the time the answers are served and the time of the trial. Also, pursuant to Pa.R.C.P. Rule 4009, as amended, Plaintiff is requested to produce for inspection, examination and copying, at the offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS,110 S. Northern Way, York, Pennsylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. DEFINITION OF TERMS THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES: A. - "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: I . The subject matter and substance of that which took place; 2. The time, date and place thereof; 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiff, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. 2 D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: 1. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association), state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made, (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof, F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint 3 ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document (e.g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009 of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events). I. "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. 4 INTERROGATORIES 1. Please state your full name, date of birth and present address. ANSWER: 2. List the names and addresses of your employers for the past ten years, if any, and describe your employment duties and responsibilities. ANSWER: 5 3. If self-employed, state nature of business and address where business is carried on. ANSWER: 4. State the amount of your gross and net income for each of the past six years. ANSWER: 6 5. Describe any and all accidents and/or personal injuries you have suffered before the accident herein sued upon, giving the date, place, and parties involved in each such accident. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: 6. State the names and addresses of all medical providers whom you have seen or with whom you have consulted during the ten years preceding the date of this accident, the nature of the ailment, illness, or other reason, for which such providers was consulted, and give the approximate dates, designating each. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: 7 7. Of your own knowledge, what injuries did you receive in the accident involved in this case and identify any permanent scars, disfigurements, disabilities or discomforts growing out of the within accident. ANSWER: 8. Of your own knowledge, please set forth the exact nature of all other present physical complaints which you allege are attributable to the injuries which you received in the accident involved in this case. ANSWER: 8 9. Please set forth the full name and address of each and every medical provider who has attended, examined or provided services to you as a result of the within accident. ANSWER: 9 10. Specifically, what amount of time have you lost from your regular place of employment as a result of this accident, from the date of said accident up to and including the present and how much income, if any, do you claim to have lost to date as a result of the within accident? ANSWER: 11. Of your own knowledge, will it be necessary for you to have future medical treatment by reason of the within accident and, if so, who advised you of the need for treatment and describe the type of treatment discussed. ANSWER: 10 12. Has any physician advised you to limit or restrict your work, employment or vocational activities or your activities of daily living, hobbies or activities due to injuries related to the incident in suit and, if so, identify the physician by name and address and describe the limitations and/or advice related to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: 13. Describe any and all accidents and/or personal injuries you have suffered since the accident here sued upon, giving dates, time and place, parties involved and injuries involved. ANSWER: 11 As to Both Plaintiffs: 14. Do you know of any person who witnessed the alleged occurrence or who has any knowledge of the relevant facts concerning the nature, character and extent of the injuries, disabilities, damages, losses or expenses sustained by you as a result of the occurrence and for which claim is being made in this action? If so, for each person, state: (a) the name and last-known address; (b) a detailed description of the relevant facts known; (c) whether written or otherwise recorded statement has been taken, and, if so, the name and address of the person taking the statement and the person in present custody of the statement; and (d) if you will do so without a Motion to Produce, attach a copy of each statement to your Answers to these Interrogatories. ANSWER: 12 15. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. ANSWER: 16. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) ANSWER: 13 17. Set forth the facts to which each expert you have listed is expected to testify ANSWER: 18. Set forth the opinions to which each such expert is expected to testify. ANSWER: 14 19. At the time of this accident, were you covered by any policy of insurance which protected against the loss which is the subject of this action including but not limited to health insurance and/or disability insurance? If so, state for each such policy: (a) the name, principal place of business and telephone number of the insurer; (b) the name, address and telephone number of the named insured; (c) the policy number; (d) the effective dates of coverage; (e) the amount of coverage, specifying the terms thereof. ANSWER: 20. Identify by name, address, and subject matter of testimony all trial witnesses you intend to call. ANSWER: 15 21. State the total amount of bills you have incurred for medical treatment as a result of the accident upon which this lawsuit is based? ANSWER: 22. Describe the footwear you were wearing at the time of your fall. ANSWER: 23. Have you been convicted of any crime within the past ten (10) years, whether by verdict or plea of guilty or nolo contendere? If so, please state: a. the date of each such conviction; b. the county and state in which you were convicted for each such crime; C. the nature of the felony or misdemeanor of which you were convicted; d. whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere, e. the name and addresses of the tribunal imposing sentence; f, the title of the cause and case number assigned by said tribunal to your case; g. the nature of the sentence imposed; and h. the dates and places of any facility in which you were incarcerated, and the date(s) of release. ANSWER: 16 24. Have you ever filed any claim(s) for worker's compensation benefits for this or any other incident and, if so, identify the employer, the claim number, describe your injury, and provide the name and address of the insured or self-insured entity to which your claim was made. ANSWER: 25. Have you ever filed a claim for disability insurance and, if so, please identify when the claim was made, the reason for the claim, and the identity of the insurance company or other entity to whom the claim was submitted. ANSWER: 26. Have you ever filed a claim or lawsuit for personal injuries (other than this one) and, if so, please identify when the claim and/or lawsuit was filed, the reason for same, the parties involved in any accident or incident, and the claim number and insurance company and/or docket number involved. ANSWER: 17 27. Have you, at any time, or are you currently preparing or maintaining any records, notes, logs, ledgers or diaries that in any way describe your injuries, treatments, or activities since the accident referred to in your Complaint? ANSWER: 28. If you answered "Yes" to the above question, where are said documents? ANSWER: GRIFFI STRICKLER, LERMAN LYMOS & CAL Dated: July 20, 2007 By: ROBERT A. LERMAN, ESQUIRE Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District Supreme Court I.D. #07490 110 South Northern Way York, PA 17402 (717) 757-7602 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 200' day of July, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that .1 have this date served a copy of the INTERROGATORIES OF DEFENDANTS, CUMBERLAND VALLEY SCHOOL DISTRICT AND DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, TO PLAINTIFF, SET NO. 1, as by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 (Counsel for Plaintiff) JRIFF TRICKLER, LERMAN, SO OS & CAL S ,?-- BY: Robert A. Lerman, Esquire Supreme Court ID No. 07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 S. Northern Way York, PA 17402 (717) 757-7602 jml/cumberland-int IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, VS. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS. CUMBERLAND VALLEY SCHOOL DISTRICT AND DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, TO PLAINTIFF, SET NO.1 TO: Margaret E. Matson, Plaintiff c/o George W. Gekas, Esquire 1.104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 The Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, by their attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands pursuant to Pa.R.C.P. Rule 4009, as amended, Plaintiff 'is requested to " produce for inspection, examination and copying, at the offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, 110 S. Northern Way, York, Pennsylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. PLEASE PRODUCE THE FOLLOWING DOCUMENTS: 1. All photographs in the possession, custody or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of the Plaintiff, including any insurers for the Plaintiff, showing, representing or purporting to show any vehicles, locales, instrumentalities, persons, and any and all other matters related to the subject matters of this litigation. 2. All diagrams, sketches, drawings, plans, measurements, or blueprints in the possession, custody or control of Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of said Plaintiff, including any insurer of said Plaintiff, showing, representing, or purporting to show any of the instrumentalities, locales, persons or other matters involved in the incident which forms the basis of Plaintiffs Complaint. 3. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of Plaintiff, Plaintiff s attorney, insurers, or anyone else acting on behalf of the Plaintiff. 4. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiff, or his/her attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in question. 5. All documents prepared by Plaintiff, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiff, except his/her attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 2 (NOTE; As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiff, his/her former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiff s behalf.) 6. If not otherwise covered by the above Requests, the complete claims/investigation/subrogation (file(s) of any insurers of Plaintiff, dealing with the incident in question, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 7. All documents in the possession, custody or control of Plaintiff, Plaintiffs counsel, insurers, or anyone else acting on Plaintiff s behalf, dealing in any way with the injuries, damages and losses sustained by Plaintiff, other than those documents supplied by Plaintiffs counsel to Defendant's counsel. This should include, but not be limited to, all medical bills, medical records, medical reports, correspondence, any and all other bills and documents relating to medical treatment, hospitalization, medication, appliances, lost wages, etc. 8. If you are maintaining a claim for impairment of earning capacity, please produce copies of your Federal income tax returns for past six (6) years. 9. Please produce your W-2 (wage and tax statements) for the past six (6) years. 10. Produce copies of all trial exhibits. 11. Produce a copy of any records, notes, logs, ledgers or diaries that in any way describe your injuries, treatments, or activities since the accident referred to in your Complaint. 12. Any release or other agreement between any person or entities given or obtained in regard to the subject incident. 3 13. Any and all documents evidencing or pertaining to any lien by any person or entity against potential recovery of damages by Plaintiff in this action. 14. All documents describing or defining the duties and responsibilities of Plaintiff s job. 15. All documents, including but not limited to, advertisements, circulars, brochures, pamphlets, leaflets, writings and other such promotional items any expert witness you have retained for use at trial uses and has used in the past to promote his services as an expert witness. 16. All documents, including, but not limited to, advertisements, circulars, brochures, pamphlets, leaflets, writings and other such promotional items with respect to any product(s) which allegedly caused injury to you. 17. Any documents relating to any benefits paid under any policy of insurance. 18. A copy of any declaration sheet for any insurance policy applicable to this case under which you are an insured. 19. Any and all documents generated by you, or received by you with respect to any claim for workers' compensation benefits, arising from the accident giving rise to this lawsuit. 20. Any and all documents which evidence any facts on the basis of which it will be asserted that the Defendant caused or contributed to the happening of the injuries sustained by the Plaintiff. 21. Any documents identified in your Answers to any set of Interrogatories propounded by any party to this litigation. 22. All documents which would support any claims for injuries/damages averred in Plaintiffs' Complaint. 23. Any other material in your file, your attorney's file, or any insurance carrier's file which is not privileged. 4 ISTRICKLER, LERMAN ,YMOS & CALKINS Dated: July 20, 2007 By: OBERT A. LERMAN, ESQUIRE Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District Supreme Court I.D. #07490 110 South Northern Way York, PA 17402 (717) 757-7602 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT, DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. CERTIFICATE OF SERVICE Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED AND NOW, this 20d' day of July, 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS, CUMBERLAND VALLEY SCHOOL DISTRICT AND DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT, TO PLAINTIFF, SET NO. 1, as by United States Mail, addressed to the parry or attorney of record as follows: George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 (Counsel for Plaintiff) GRIFFITH CKLER, LERMAN, SO OS & CALKINS BY: obert A. Lerman, Esquire Supreme Court ID No. 07490 Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District 110 S. Northern Way York, PA 17402 (717) 757-7602 jmllcumberland-rfpd LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 ROBERT M. STRICKLER TELEPHONE: (717) 757-7602 ANN MARGARET GRAB ROBERT A. LERMAN° FAX: (717) 757,783 DAVID E. COOK PETER D. SOLYIyOS EMAIL: infogboslec.oom LORI M. PETERS CHARLES B. CALKINS WEBSITE: a=te PAUL G. LUTZ- OF COUNSEL MICHAEL B: SCHEIB* THOMAS B. SPONAUGLE Robert A. Lerman's EMAIL: der antMosisc.com ROBERT H. GRIFFITH MICHAEL P. BIANCHINI 'Also Member MD Bar -LL-M (Taxation); also Member CT Bar 'Also Member NY and D:C. Bars July 20, 2007 (Dictated July 10, 2007) CERTIFIED MAIL- RETURN RECEIPT REQUESTED George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 RE: Margaret E. Matson v..Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District and Waterford Square Associates,, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: Having had no response from you to my letter of June 15, 2007 enclosed are the following documents: 1. Rule to File Complaint within 20 days or suffer Judgment Non Pros; 2. Interrogatories Set No. 1 of Defendants, Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District to Plaintiff; and 3. Request for Production of Documents, Set No. 1 of Defendants Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District to Plaintiff. Very ROBERT A. LERMAN jml/cumberland-ltr 1 ¦ Complete items 1, 2; and 3. Also.complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. q Vvaoa' ?u 10/1 ('Nm? Nom, on ??Dn 'o Express Mall ?etum Receipt for Merchandise 2. Article Number 7004 2890 0004 4762 3910 (Transfer from service A"O Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERTA. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G.LUTZ- MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE *Also Member MD Bar 'LL.M (Taxation); also Member CT Bar "Also Member NY and D.C. Bars June 15, 2007 (Dictated June 14, 2007) 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info(daslsc.com WEBSITE: aslsc.com Robert A. Lerman's EMAIL: derman0aslsc.com VIA FACSIMILE AND U.S. MAIL George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 ANN MARGARET GRAB DAVID E. COOK LORI M. PETERS OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI RE: Margaret E. Matson v. Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: We have been retained to represent and defend the interests of Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District, in the above-captioned matter. Enclosed is a copy of our Entry of Appearance. It is my understanding that you filed the Writ of Summons in order to toll the statute of limitations. I would ask that you send me a letter outlining your theory of liability and include whatever investigation and/or evidence you have (including photographs) of the alleged sidewalk defect which support your liability contentions for my consideration and analysis. I would also ask that you send me documentation regarding the nature and extent of your client's injuries including medical reports, medical records and medical bills. With respect to medical bills, please advise me which medical bills have been paid by an insurance source and which have not. I would ask that you send me this information and documentation within 30 days to avoid the filing of a Rule compelling Plaintiff to file a Complaint in this case. George W. Gekas, Esquire June 15, 2007 Page Two I would also ask that you advise of Plaintiff's settlement demand. Very truly yours, ROBERT A. LERMAN klr/cumberland-ltr Enclosure • ROBERT M. STRICKLER ROBERTA. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infoonslsc.com WEBSITE: gslsc.com Robert A. Lerman's EMAIL: rlermanCcitgslsc.com *Also Member MD Bar -LL.M (Taxation); also Member CT Bar *Also Member NY and D.C. Bars August 23, 2007 (Dictated August 21, 2007) George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 ANN MARGARET GRAB DAVID E. COOK LORI M. PETERS OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI RE: Margaret E. Matson v. Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: Thank you for your letter of August 17, 2007, and Plaintiff's Complaint. I will now make arrangements to meet with representatives of the School District in order to respond to the Complaint. I trust that in the event I need an extension to respond to the Complaint, you will be amenable to granting same. Please send me a color copy of the Polaroid photograph attached to Plaintiffs Complaint as Exhibit A. I will reimburse you for duplicating costs. Very truly yours, ROBERT A. LERMAN klr/cumberland-ltr cc: Richard C. Snelbaker, Esquire a LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infoOosisc.com WEBSITE: asisc.com Robert A. Lerman's EMAIL: derman(ftsisc.com ANN MARGARET GRAB DAVID E. COOK LORI M. PETERS OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar "Also Member NY and D.C. Bars September 17, 2007 (Dictated September 14, 2007) George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 Camp Hill, PA 17011 RE: Margaret E Matson v. Cumberland Valley School District, Dr. B. Jean Walker, Superintendent of Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: When can we expect to receive Plaintiffs Answers to our Interrogatories and Request for Production of Documents? Additionally, in my letter to you dated August 23, 2007, I requested that you provide me with a color copy of Exhibit "A" to Plaintiffs Complaint (Polaroid photograph of alleged sidewalk defect). I would appreciate receiving same promptly. Very truly yours, ROBERT A. LERMAN jml/cumberland-ltr 4 dr LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D.SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ^ MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE *Also Member MD Bar .LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars September 26, 2007 (Dictated September 25, 2007) George W. Gekas, Esquire 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info asisc.com WEBSITE: oslsc.com Robert A. Lerman's EMAIL: rlerman(cDgslsc.com ANN MARGARET GRAB DAVID E. COOK LORI M. PETERS OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI 1104 Fernwood Avenue, Suite 102 VIA FACSIMILE AND U.S. MAIL Camp Hill, PA 17011 RE: Margaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: I still await the following: 1. Plaintiff's Answers to my Interrogatories and Request for Production of Documents propounded on July 20, 2007; 2. Color copy of the Polaroid photograph attached to Plaintiff's Complaint as Exhibit A; and 3. A response to my request that you voluntarily amend the ad damnum clauses of Plaintiff's Complaint. With respect to a responsive pleading on behalf of Cumberland Valley School District, be advised that I am awaiting approval of the response from the Solicitor for the Cumberland Valley School District and would intend to file same shortly, assuming we have an agreement with respect to amendment of your ad damnum clauses. If not, I will have no alternative but to file Preliminary Objections. Very truly yours, ROBERT A. LERMAN klr/cumberland-ltr cc: Adam L. Seiferth, Esquire 0 w w 8 a u w w a N Q M LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERTA. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infoOmIsc.com WEBSITE: aslsc.com Robert A. Lerman's EMAIL: rlermanagslsc.com ANN MARGARET GRAB DAVID E. COOK LORI M. PETERS OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI *Also Member MD Bar .LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars October 24, 2007 George W. Gekas, Esquire 1104 Fernwood Avenue, Suite 102 VIA FACSIMILE AND U.S. MAIL Camp Hill, PA 17011 RE: Margaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: In follow up to your telephone conversation with Lindy Sweeney of my office on October 22, 2007, this will confirm that we have granted an extension of time to the Plaintiff to file a Reply to our Answer, New Matter and Crossclaim as well as an extension to the Plaintiff to respond to the Defendant's outstanding written discovery requests (Interrogatories and Request for Production of Documents). You have indicated that you will be reviewing the issue of proceeding with this matter under the authority of the power of attorney Ms. Matson apparently granted to her daughter or alternatively, seeking a Court appointed guardian and then proceeding with this litigation. This will confirm that if you decide to proceed with the power of attorney authority, you may have an extension of 30 days form today's date to provide the responsive pleading and the discovery responses. Alternatively, if your clients elect to proceed by way of a guardian appointment, you may have an extension of 30 days from the date a guardian is appointed to file the responsive pleading and submit the discovery responses. I understand you solicited my guidance with respect to the manner in which you proceed (i. e., power of attorney versus guardianship). I cannot offer guidance to you and your clients in this regard as this would be a matter solely between you and your clients. I would request that you provide me with a copy of the power of attorney, however, should you elect to proceed with this litigation under its authority. Very-,,trulyy,.yours, ROBERT A. LERMAN klr/cumberland-ltr cc: Adam L. Seiferth, Esquire w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, VS. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND Judge: WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ° qq day of - U??U , 2007, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion of Defendant, Cumberland Valley School District, to Compel Plaintiff to Respond Discovery Request by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire Adam L. Seiferth, Esquire 1104 Fernwood Avenue, Suite 102 Cipriani & Werner Camp Hill, PA 17011 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS A 4Z? BY: Robert A. Lerman, Esquire ID No. 07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 jml/cumberland-mtc t r,, MARGARET E. MATSON, Plaintiff VS. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3275 CIVIL JURY TRIAL DEMANDED IN RE: MOTION OF DEFENDANT CUMBERLAND VALLEY SCHOOL DISTRICT TO COMPEL DISCOVERY ORDER AND NOW, this 7 ' day of December, 2007, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, '7fm,f 6f MNI SC :I I WV L- 330 LOOZ LQ -1,-C1 D01-4.-40-111,131H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff v. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT; DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT; AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED PETITION FOR THE APPOINTMENT OF GUARDIAN AD LITEM TO THE HONORABLE KEVIN A. HESS, JUDGE AND NOW comes the Plaintiff, Margaret E. Matson, and through her daughter, Sandra K. Morris, who bears a Power of Attorney (a copy of which is attached hereto as Exhibit "A" and made a part hereof), conferred by the said Margaret E. Matson, and through their attorney, George W. Gekas, Esquire, hereinafter petitions the Court to appoint the said Sandra K. Morris to act as and to be Guardian Ad Litem for the said Margaret E. Matson and in support thereof avers as follows: 1. Margaret E. Matson, on or about June 1, 2005, sustained injuries to her face, head and other parts of her body when she fell face-front onto a sidewalk, all of which was caused by the negligent maintenance of said sidewalk by Defendants. 2. Shortly thereafter, while being treated for said injuries, Margaret E. Matson began to show signs of dementia, which have gradually worsened to date, and she is now unable to communicate anything to anyone as to the circumstances of the claim arising from the said injuries. 3. Attached hereto and made a part hereof as Exhibit "B" is a copy of the Physician's Order, which is a note dated May 18, 2007, stating that "Resident is incapable of understanding diagnosis & plan of care & Resident's rights due to dementia." 4. The name and address of the proposed Guardian Ad Litem are as follows: a. Name: Sandra K. Morris b. Address: 6353 N. Powderhorn Road,. Mechanicsburg, Cumberland County, Pennsylvania 17050 C. Relationship: Sandra K. Morris is the daughter of Margaret E. Matson, Plaintiff herein. 5. To the best of Petitioner's information and belief, the incapacitated person, Margaret E. Matson, has no Guardian. Dated: ?5) 2-D4 Respectfully sub George W. Gekas, Esquire Pa. Supreme Court ID 407177 1104 Fernwood Avenue, Suite 201 Camp Hill, PA 17011 (717) 901-5918 - phone Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff V. CUMBERLAND VALLEY SCHOOL DISTRICT; DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT; AND WATERFORD SQUARE ASSOCIATES, INC. Defendants VERIFICATION Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED I, Sandra K. Morris, bearing a Power of Attorney conferred by Margaret E. Matson, Plaintiff herein, verify that the statements made in foregoing Petition for the Appointment of Guardian Ad Litem are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Sandra K. Morris, Power of Attorney for Margaret E. Matson POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that 1, MARGARET E. MATSON, of Lower Allen Township, Cumberland County,. Pennsylvania, by these presents do appoint my daughter, SANDRA K. MORRIS, (hereafter referred to as "Attorney") as my attorney-in-fact, empowered in my name and on my behalf. 1. To demand, recover and receive all sums of money due or payable, or which at any time be due and r^°ahle t:t -Pe, from any person or entity whatsoever, incltidhig the Cmr:monwealth of Pennsylvania, the Unified Statcs ' s ?. . of America, and any agency of the Commonwealth of Pennsylvania or of the United States of America; 2. To enter into any safe deposit box of which I am a renter in my own name or jointly with others; Attorney shall not place any personal property belonging to Attorney in said safe deposit box; 3. To deposit funds in and withdraw funds from any accounts that I may have at any financial institution, including accounts which I may hold jointly with others; 4. To deposit funds in and withdraw funds from any accounts of any financial institution which my said attorney may create for that purpose; 5. To sign my signature to and endorse notes, checks, drafts and hills of exchange which may require my signature or endorsement for negotiation; 6. To sell, transfer or assign any interest which 1 now have or may hereafter acquire in any personal property, security or evidence of debt, and to execute or join with others in executing any instruments necessary to effectuate any such sale, transfer or assignment; 7. To incur and pay any expense, including insurance, taxes or assessments, of keeping and maintaining any real estate in which I now have or may hereafter acquire an interest, to lease all or parts of such real estate; to borrow on the security of such real estate; to sell any part or all of such real estate for such price and to such purchaser as my EXHIBIT 1 'An Attorney shall deem advantageous; and to make, execute, acknowledge and deliver or join with others in making, executing, acknowledging and delivering such instruments as shall be required to carry out this power; 8. To borrow money on my behalf upon the security of my estate including any interest that I may have or hereafter acquire in real or personal property, and to make, execute, acknowledge and deliver or join with others in making, executing, acknowledging and delivering to the lender or lenders such instruments as shall be required to secure loans; 9. To invest any of my funds as my Attorney may deem proper for invesirnent in the exercise of prudent judgment, and in my Attorney's absolute and sole discretion; 10. In the absolute discretion of my Attorney, to apply principal and income to the payment of the cost of my maintenance and care in any hospital, nursing home, public or private institution, or at my residence, and to the payment of any charge for medial, surgical, dental, nursing or other care which may be required for me; 11. To authorize and consent to medical and surgical procedures; 12. To make gifts on my behalf, 13. To create trusts for my benefit, make additions to an existing trust for my benefit and withdraw and, receive the income or corpus of a trust; 14. To disclaim any interest in property; 15. To renounce fiduciary positions; and 16. To claim the elective share of my deceased spouse; 17. I grant unto my Attorney the power and authority to make and substitute in and concerning this Power of Attorney an attorney or attorneys under them and the same to revoke; r s 'I 4 ? 3 1.. 18. This Power of Attorney shall not be affected by my disability or incapacity, physical or mental, but the authority hereby conferred shall be exercised by my Attorney notwithstanding any disability or incapacity; 19. I given and grant unto my Attorney, or any substitute or substitutes, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in connection with my property or estate as fully to all intents and purposes as. I might or could do personally, hereby ratifying and confirming all that my Attorney or any substitute or substitutes shall lawfully do or cause to be done by virtue of these presents; s 20. No person, bank, trust company or other entity deatng:with ray Attorney,shall have the duty to ingaire as to the extent of said Attorney's authority. Any person, bank, trust company or other entity may rely upon the continuance of this Power of Attorney until receipt of written notice of the revocation of this Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and seal this < gr day.of AllirG ? , 1993. WITNESS: ? Ztjr -- (SEAL) MA GAR T E. MATSON COMMONWEALTH OF PENNSYLVANIA : :ss: COUNTY OF CUMBERLAND Onthis;the 1393 I?efore me, the undersigftedl4'E±aerf. pe von' tly ppe red 1 1 ' day o`rnf MARGARET E. MATSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained.' IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?? y....?. ?? (SEAL) Notary Public , NOTARIAL SEAL DIANNE LEN10, NOTARY PUBLIC LEMOYNE BORO. CUMBERLAND CO. MY COMMISSION EXPIRES DEC. 21, 1993 JUN07 10122/03 D/C Rx# *CRUSHABLE REDS MAY BE CRUSHED ORIGINAL COPY CODE STATUS: DNR/DNI llr .? PHARMEW RESIDENT IS CAPAOL F UNDERSTANDING DIAGNOSIS S PLAN OF CARE # RESIDENTS RIGHTS. DUE TO: DEMENTIA J DISCONTINUE ALL PREVIOUS ORDERS. FOLLON AUTOMATIC STOP ORDER POLICY ORDERS ARE VALID FOR 60 DAYS Rx# 209648. 00 930 05/18107 D/C Atfff FENTANYL 100 MC /H PATCH 100 MC6/HR PAT APPLY 1 PA Y AS DIRECTED CHANGE EVERY **CII-NO REFILLS** 7a NO 11-7 OS/18/07 D/C Rx# 209848.00 RTH 7-3 CHECK PATCH PLACEMENT EVERY SHIFT 3-11 )AN 03/02106 DIG Rx# 208252.01 RT 'RESUL HYDROCODONE-APAP S-S00 TABLET (FOR VICODIN S/S00 TABLET DIET ORDERS: 12:30 2 TABLETS BY MOUTH FOUR TIMES DAILY (TID # HS) REGULAR RESUL (ARTHRITIS PAIN ) *MAX 40 APAP/24 HRS* KNURSING 4:30P MUST REORDER* RESUL D/C Rx# 208252.01 RTH ACTIVITIES: :30P 000 AS TOLERATED RESUL ` MISCELLANEOUS ORDERS: NOTE 05/29/06 D/C Rx# 205116.02 RTH YEARLY PPD 10/07 DOSE POTASSIUM CL 20 HER TAB $A (FOR K-DUR 20 HER TABLET SA) 2 TABLETS BY MOUTH (40 HER) EVERY MORNING # 1 YEARLY INFLUENZA VACCINE TABLET BY MOUTH EVERY EVENING (HYPOKALEMIA) ORTHOCLINIC CONSULT L TX AS INDICATED 7P-7A 03/01106 D/C Order# 00035 (SHOULDER/(L) KNEE) MEEKLY BLOOD PRESSURE EVERY NEDHESDAY (ORTHOSTATIC (11T RED. OF MONTH) PODIATRY CONSULT # TX AS INDICATED RESIDENT RAY NOT GO LOA KITH MEDICATIONS 8:30A 03/02/06 DIG Rx# 203448.03 RTH DAILY-VITES U/IRON TABLET (MULTIVITAMINS R-IRON) RHEUMATOID ARTHRITIS CONSULT AND TX AS INDICATED 1 TABLET BY MOUTH ONCE DAILY (SUPPLEMENT) PSYCHOLIGICAL SERVICES EVALUATE AND TX AS INDICATED 8:30A 03/02/06 D/C Rx# 200051.05 RTH FERRO-SEQUELS TABLET SA (IRON/DOCUSATE SODIUM) CYR-CONSULT s& TX AS INDICATED AS NEEDED (UTERINE i TABLET BY MOUTH ONCE DAILY **DO NOT CRUSH** PROLAPSE) (ANEMIA) THERAPEUTIC RECREATION 8:30A 03/02/06 D/C Rx# 203444.03 RTH FUROSEMIDE 40 MG TABLET (FOR LASIX 40 MG TABLET) ,.4'.30F 1 TABLET BY MOUTH TNICE DAILY (PERIPHERAL EDEMA) LAD ORDERS: BNP EUERY 3 MONTHS lor-. PRESCRIBER SIG RE DATE EVIENED< BY ATE NOTED; OF ENTWE DR1I0 f AND 0 ND WREDIAARMES NOTED ANY WREDUTARRIEB ARE DGG111ENTE0 N THE PIWRIIACISI'S dDNTNLY REPDRfB. 0 WOWWWW WREOUAWTIES NOTED X ?. SNNIMANT WREGIAaRRIES NOTED DAM DOCTOR DIAGNOSIS DNRIDNI ANXIETY DEMENTIA HYPOTHYROIDISM,BURSITIS ANEMIA, RENNER, DAVID R 877-346-6180 NOR-MYOTIC,CAD, AHEUMAT016 ARTHRITIS GERD,AND. DYSf,DJD, It PLANflCDPA; SEX-: F. DOB.- iWOM1922: ALLERGIES AAlSOH. MARGARET 2212 E?chibit "B" 4-IL . 05/1p1R7J JUM07 _ i I MEDICATION ORDERS 9:3OA 03102/06 D/C Rx# 203447.03 TIN METHYLPREDNISOLUNE 4 MG TAB (FUR NEDRUL 4 NG TABLET) 1 TABLET BY MOUTH EVERY MORNING (RHEUMATOID ARTHRITIS) 8:30A 03/02106 D/C Rx# 20344S.03 RTH PREMARIN 0.3 MG TABLET (FOR PREMARIN 0.3 MG TABLETR) 1 TABLET BY MOUTH ONCE DAILY (HORMONE REPLACEMENT) 8:30A 03102/06 D/C Rx# 203446.03 PREVACID 30 06 CAPSULE OR (LANSOPRAZOLE) 1 CAPSULE BY MOUTH ONCE DAILY (GERD) :30A 03/02106 O/C 9x# 182106.00 SURBITOL 70'/. SOLUTION (SORDITUL SOLUTION) 30 MLS BY MOUTH ONCE DAILY (CONSTIPATION) 8:30A 03/02/06 O/C Rx# 182110.00 12:30P X-STRENGTH ANTACID (FOR TUNS E-X TABLET CHEWABLE) A:30P CHEW 1 TABLET BY MOUTH THREE TIMES DAILY (CALCIUM SUPPLEMENT) 9:OOA 01!26!07 D/C Rx# 208255.02 ACTONEL 35 NG TABLET (RISEDRUNATE SODIUN) 1 TABLET BY MOUTH EVERY WEEK (OSTEOPORUSIS) ORIGINAL - COPY .,..... TSH. YEARLY I qoy+ CDC EVERY 6 MONTHS rl io? FASTING BLOOD SUGAR AND LIPID PANEL EVERY THREE MONTHS TIMES ONE AND WITH DOSAGE CHANGES, THEN EVERY SIX (6) MONTHS TO MONITOR FOR ADVERSE SIDE EFFECTS RELATED TO RISPERADOL On RTN REHABILITATIVE POTENTIAL: **REHABILITATIVE POTENTIAL** COUD__-_FAIR POOR RAINTEHANCE- RTN *RESIDENT REQUIRES NURSING FACILITY SERVICES CONTINUE INDIVIDUALIZED RESIDENT ORDERS RTN I HAVE REVIEWED AND APPROVE THE ABOVE OVERALL PLAN OF CARE MAY USE GENERIC SUBSTITUTION UNLESS OTHERWISE INDICATED RTH 9:OOA 05/11/06 D/C Rx# 186794.00 RTN DUCUSATE SODIUM 100 NC CAP (FOR CULACE 100 MG CAPSULE) 10- 1 CAPSULE BY MOUTH ONCE DAILY (CONSTIPATION) NURSING ORDERS: FOLLOW SKIN & WOUND PROTOCOL FOR ALL SKIN CONDITIONS SUPPLEMENTS: 9:OOA 04/11/06 D/C Rx# 203450.03 RTN LIQUID SUPPLEMENT AT BEDTIME HYDROXYCHLOROQUINE 200 NG TO (FOR PLAQUENIL 200 MG TAOL S:OOP 1 TABLET BY MOUTH TWICE DAILY W/ FOOD (RHEUMATOID PROSOURCE (1) PACKET IN SUITABLE FLUID DAILY ARTHRITIS) 9:OOA 12/02/06 D/C Rx# 208666.00 RTH LEVOTHYROXINE 100 NCG TABLET (FOR SYNTHROID 100 NCG TAB 1 TABLET BY MOUTH ONCE DAILY 9:00A 06/29/06 D/C Rx# 199929.05 RTH SALSALATE 500 NG TABLET (FUR DISALCID SOONG TABLET) :OOP 1 TABLET BY MOUTH TWICE DAILY WITH FOOD (ARTHRITIS) PRESCRIBER SIGMA RCf1Trurri RY 70Y-JlDATE:* ; t" ED: BY DATE ANY pREODUW?lEB ARE OOIXMIEMED IN 7FE PIIAR141C18i'S YONTIIY REPORTS. ? N191 WCAM lfflWM AffMS NOTED F x ? &ONMW IRREgMMMES NOTED ? PINRYADY _ TI A EMIR, gsi DOCTOR olACSrrosls N A H Y D ,BU WENNER, DAVID R 877-346-6180 NON-NYOTIC,CAD,AKEUNATOI6 ARTHRITIS GERD,ANB. DYStt,DJD, FIR: FLAN- NCDFA SEX- IC DUB 10 0$f:19c2 - ALLERGIES MO KNOWN DRUG ALLERGIES MATSON. MARCARFT 7719 05/19/!)7_j JUM07 02112/07 PIC Order# 00047 APPLY DUODERM TO 1ST,2ND TOES (L) i FIFTH TOE EVERY SHIFT RE-APPLY EVERY S DAYS UNTIL RESOLVED FRI 111/29/06 D/C Order# 00048 7-3 MEASURE AND DOCUMENT ANY HOUNDS ON FRIDAY ORIGINAL COPY ? PHARMERIG 7A-7P 02123105 D/C Rx# 7P-7A NURSING CARE PROFILE sE RESIDENT CARE PLAN FOLLGRED i THROUGHOUT THIS SHIFT - INCLUDING BUT NOT LIMITED TO PERSONAL PROTECTIVE EQUIPMENT IN PLACE, SAFETY ALARM FUNCTIONAL PERSONAL HYGIENE NUTRITIONAL INTERVENTIONS, CROONING, ORAL # HAIL CARE 7A-7P 04118106 DIG Order# 00013 +/_ OBSERVE FOR S/S OF BLEEDING ASSESS FOR BLOOD IN 7P-7A STOOL,URINE,HOSE BLEED,INCREASE BRUISING +/- +PRESENT,- ABSENT ON ASA 10/24103 PIC Rx# / SKIN ASSESSMENT - TOTAL BODY SKIN ASSESSMENT ONCE WEEKLY + IF OK - IF SOMETHING FOUND 8:30A 03/02/06 D/C Rx# 182114.00 RTH TRMT 12:30P MYOFLEX lOZ CREAM (TROLAMIHE SALICYLATE) ,4:30P APPLY TOPICALLY TO SHOULDERS It KNEES THREE TINES DAILY & AS NEEDED (ARTHRITIS DISCOMFORT) 9:OOA 05/22/06 D/C Rx# 187310.00 RTH TRMT AMMONIUM LACTATE 12Z LOTION (FOR LAC-HYDRIN 12% LOTION) /STOOP APPLY TOPICALLY TO BILATERAL LONER EXTREMITIES TRICE DAILY (DRY SKIN) 9:ODA 08121106 PIC Rx# 207461.06 RTH TRNT BAZA ANTIFUNGAL 2/, CREAM (MICONAZOLE NITRATE) .S:OOP APPLY TO AREA ON BUTTOCKS (+ BACTROBAN) AFTER i CLEANSED H/ NSS TWICE DAILY & AS NEEDED UNTIL RESOLVED 9:06A 08/21/06 D/C Rx# 201171.00 RTH TRMT RUPIROCIN 2Z OINTMENT (FOR BACTROBAN 2Z OINTMENT) 5:OOP APPLY TO AREA ON BUTTOCKS AFTER CLEANSED H/ HSS (+ BAZA AF) TRICE DAILY & AS NEEDED UNTIL RESOLVED PRESCRIBER SIGNATURE DATE VIERED BY DATE DATE` c/CX NOTED. BY RE PENEW Of ENRRE DNA WOMEN AND CDIiRF}E?NE RESIDEIrt cuE PLAN IB COMPLETED. ? NO IRREOU FUTIES NOTED ANY SIREOUARIM ARE DOM AEMEO N THE PWIRMAC m MOax REPORTS. ? SWI V9F MWOUARRIES NOTED )( ? MWIGANT I?IAEpRARRES NOTED ARTE DOCTOR DIAGNOSIS DNR/DNI ANXIETY DEMENTIA HYPOTHYROIDISM,BURSITIS ANEMIA, RENNER, DAVID R 877-346-6180 NON-MYOTIC,CAD,kHEUMATOI6 ARTHRITIS GERD,AMD. DYSf,DJD, Iik P-LAR- hCDPA. SEX- F DO 1010V,192+2 NH x ES UK- My? ALLERGIES -IJU R= DRUG CLERGIES WSON, MARGARET 2212 ?. 05/1.9/07 JUN07 ORIGINAL COPY PHARMERICA ? • ORDERS P 03/02/06 DIG Order# 00040 'k DUODERM PROTECTIVE PAD TO (L) BUNION AND REPLACE N AS NEEDED A-7P P 03/02/06 D/C Rxi 182111.00 PRN TROT R EUCERIN CREME (MINERAL OIL/PETROLATUH,NHITE) N APPLY TOPICALLY TO AFFECTED AREA(S) TWICE DAILY AS NEEDED FOR DRY SKIN PRESCRIBER SIGNATURE DATE J j ' REV?EI Y t u DATES NOTED BY DATE Es: is ANY MWGULS ' . • OREmw OF eeMREe R REGIMEN AND DOCUMEWM THE w?MP "'AUE FIESI ENT CLA RPLomGCOMP`ETED. ? NO WIEOlMwnes NOTED MAL UN E ENA E ??EE? : , MAL M TOT: 1 ? WW PMW PIREWMITIES NOTED X ?.810N r.W MEOWWITIES NOTED PNARMACYDATE DOCTOR DIAGNMI8 DMR/DMI ANXIETY DEMENTIA HYPOTHYROIDISM,BURSITIS ANEMIA, HEMMER, DAVID R 877-346-6180 NON-11YOTIC,CAD,AHEUHATOI6 ARTHRITIS GERD,AHB. DYSt,DJD, FIN, PLO X- ;IiGDB!A xEX . F..;: 000; 1.0/08/L922 ALLERGIES , Mt ALfERGIrS MATSON. MARGARET 2212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff V. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT; DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT; AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE +h I, George W. Gekas, Esquire, do hereby certify that on this, the ?L day of January, 2008, I served a true and correct copy of the foregoing Petition for Appointment of Guardian Ad Litem by sending the same by first class U.S. mail, postage prepaid, addressed to the parties and/or attorneys of record, as follows: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Counsel for Defendant Cumberland Valley School District Adam L. Seiferth, Esquire Cipriani & Werner, PC 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Counsel for Defendant Waterford Square Associates, Inc. By:-?- George W. Gekas, Esquire Pa. Supreme Court ID #07177 1104 Fernwood Avenue, Suite 201 Camp Hill, PA 17011 (717) 901-5918 - phone Attorney for Plaintiff 1 1 Al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Civil Action - Law Plaintiff : V. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT; DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT; AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 7- day of ftG.z. 2008, upon consideration of the herein Petition for the Appointment of Guardian Ad Litem, it is hereby ordered and decreed that Sandra K. Morris, daughter of Margaret E. Matson, shall be and is appointed Guardian Ad Litem to act for the said Margaret E. Matson in the pursuit of the instant case above captioned. By the Court, ?.? -(I 4w A ftv tvl:, o(e FIc.rNG IN THE COURT OF COMMON PLEAS OF CUMBERLAND C( MARGARET E. MATSON Civil ACLIL)II - ?.. Plaintiff V. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT; DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT; AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED ANSWER TO. DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes the Plaintiff, Margaret E. Matson, and through her attorney, George W. Gekas, Esquire, hereinafter responds to Defendant's Request for Production of Documents as follows: 1. Copies of photographs of the sidewalk and ground where Plaintiff fell are attached as Exhibit D1. The said photographs depict the scene after repair of the sidewalk. The only color photograph is attached to the original Complaint filed with the Court. 2. To date, there are no diagrams, et al., as described in Defendant's Request #2. Should any diagrams become available, copies thereof will be promptly forwarded to Counsel for Defendants. 3. Copies of written notes and statements undertaken by Sandra K. Morris, daughter of Plaintiff, are attached hereto as Exhibit D2. 4. Totality of expert opinion, to date, is included in subsequent responses as part of medical records. 5. There exist no documents as described in Defendant's Request #5. Pertinent photographs are covered in foregoing responses. 6. The only "insurers" whose reports, claims, etc., may be relevant are part of Medicare, hospital records and statements covered by other responses. 7. In compliance with Defendant's Request #7, the following are attached: Exhibit D3 - Copies of all Medicare Summary Notices Exhibit D4 - Copies of all Part B Medical Insurance - Assigned Claims Exhibit D5 - Copies of Holy Spirit Hospital billings Exhibit D6 - Copies of Cumberland Family Practice items 8. Not applicable; Plaintiff is not claiming impairment of earning capacity. 9. Not applicable 10. To date, there exist no trial exhibits per se; documents included in responses to the instant requests may be converted to trial exhibits. 11. Cover by prior requests. 12. Not applicable 13. Not applicable 14. Not applicable 15. To date, there exist no materials applicable to prospective expert witnesses except medical data included in attached exhibits. 16. To date, there exist no documents as described in Defendant's Request #16. 17. Medicare documents included herein are the only "benefits" paid under "insurance." 18. Not applicable 19. Not applicable 20. None 21. None except instant requests. 22. Covered by prior requests. 23. To date, no other non-privileged material exists. Dated: j V? ?-,_ -,ecf? Respectfully submitted, George W. Gekas, Esquire Pa. Supreme Court ID #07177 4901 Derry Street Harrisburg, PA 17111-3443 (717) 564-6400 - phone Attorney for Plaintiff t 0 a ???? r?1 ? ?? _ , ?, __ .,. _.? r _?-l ? _. _ __. I ? GZ? A _4'4.4' 30 60 6 U4 s s ?wrd 120 ray, a- cC/O? lqplo ju4le cp 00 5 tdA er f- Le /of f- Loa// C Vey s? 'dfac - 4Q her- 4p4-, 6Ij Ca,?s e ? ccw s o - , 4Uq eV 5 r cu e to co l? r1?s SA e._ ru QS (% ?? ??'t y ji?6 Orr t c) A o SQ.c.J" ?a w v? Sid Q Lv a, l l? . ? V tt ?o. ?r 4; e-ol 4r c ? SoV eta/l ?? J rm Y- V-at-W V?Iel- pw /-5'7vaL'-- 170,zS }? d tt /C ? a ?? La1 _S?. ?ooS ??? 18r c - e cD t 4a_Ur aDu ? ?? 4 c ?.? _ h e?? Via., be _ wha 61- _ It Q _! er a W, ke- .tae, ej_ . it h C4a/1" ?PiV??a 'h!( G? r St +? y f?al?t 2 } } r f.- U'? Y' 1r1 PI 4 r 1V c. qtr ! c ?vr'r X-4) /Oa 01 A.. E'4' S?bw/s f 4 re /J - h-C!, ailf., 4 1 n n Et- _ p e d?l ! STS *cl 1l `I`' ? _ -l Qlr rn /l'ei- roam _ i it a idar_ t t oi 0 i • I Jam' /y? Lt a) .? e r 0 /r) Pa !?S'?U?(--cz? brGl !? ZS ?o ?'?" t`EtL T-A ?-/ e _ Q l/ u1 / e,-- jai?n Ar -e? tl 4t-- :? r fa r k -? e a cc r PM4 4A' qtvf IW w1 k e y - 5' rrr? k\3 a,, ?E ! n c? ?? e t 5 /? e ? tt.s f / Cdn 7-encca./lyy d #e '? 11 j l1 ? ?s r?e?oar? wcs c?l??? 6 ?? ar e?,? ?a.?r 1, f ?? , ? ? r ? rte,, ? a rr_? s. Lt1 ? _ ?? _ _ __ ,?_.. 4 ti ? 05 a i or7 7 MARGARET E MATSON 66 ASHBURG DR APT 302 MECHANICSBURG PA 17050-8259 BE INFORMED: Protect your Medicare number as you would a credit car-1 number. CUSTOMER SERVICE INFORMATION Your Medicare Number: 172-26-9257A If you have questions, write or call: HGSAdministrators (##00865) P.O. Box 890413 Camp Hill, PA 17089-0413 Call: 1-800-MEDICARE (1-800-633-4227) Ask For Doctor Services TTY Users Only Should Call 1-877-486 Business Hours M - F; 8:30 - 4:30 EST. This is a summary of claims processed from 09/29/2005 through 10/11/2005. PART B MEDICAL INSURANCE - ASSIGNED CLAIMS Dates Medicare You See Of Amount Medicare Paid May Be Notes Service Services Provided Charged Approved Provider Billed Section Claim number 18-05271-124-650 Associated Cardiologists P C, 856 Century Drive, Mechanicsburg, PA 17055-4375 Referred by: Dr. Maguire, Phillip H., M.D. Dr. Man, David C. M.D. 09/17/05 1 Electrocardiogram report (93010) $25.00 $8.83 $7.06 $1.77 Claim number 18-05272-137-880 Associated Cardiologists P C, 856 Century Drive , Mechanicsburg, PA 17055-4375 Referred by: Dr. Maguire, Phillip 11., M.D. Dr. Man, David C. M.D. 09/18/05 1 Electrocardiogram report (93010) $25.00 $8.83 $7.06 1 .77 THIS IS NOT A BILL - Keep this notice for your records. __ m W O jv am g W ?+ c') a m y m cmn € Om w .? O ym 3 ?, ? ? to c? z m '4 omm a o -+ Z m m -c P` r, O all ? D A ? m II j s ? v 0 0 ?. a a c N rn m -,y N W.- N 0 ? ?. a m v ? c OR. CD ? N ICE 9-01 1. I 3 OR. 1 ? v o q; ? N O .. tP tt)?Q O " U ? N m Ao ? N m ?. r? C: o Z Q° a TM v O Z go Q N 0 000113283 Your Medicare Number. 172-26-9257A 394862267 Page 2 of 5 October 14, 2005 PART B MEDICAL INSURANCE - ASSIGNED CLAIMS (continued) Dates of Service Services Provided Amount Medicare Charged Approved Medicare You See Paid May Be Notes Provider Billed Section Claim number 18-05263-432-320 Heritage Medical Group L L P, P O Box 125, Camp Hill, PA 17001-0125 Dr. Davis, Richard L. M.D. 09/15105 1 Office/outpatient visit, est (99213) $65.00 $50.26 $40.21 $10.05 Claim number 18-05271-638-700 Heritage Medical Group L L P, P O Box 12942, Philadelphia, PA 19101-0942 Dr. Kusztos, Robert D. M.D. 09/17/05 1 Observation care (99219) $150.00 $0.00 $0.00 $0.00 a Claim number 18-05271-638-800 Heritage Medical Group L L P, P O Box 12942, Philadelphia, PA 19101-0942 Dr. Rich, James F. M.D. 09/18/05 1 Observation care discharge (99217) $90.00 $0.00 $0.00 $0.00 a Claim number 18-05271-639-600 Heritage Medical Group L L P, P O Box 125, Camp Hill, PA 17001-0125 Dr. Davis, Richard L. M.D. 09/26/05 1 Office/outpatient visit, est (99214) $95.00 $78.97 $63.18 $15.79 Claim number 18-05278-602-570 Heritage Medical Group L L P, P O Box 12942, Philadelphia, PA 19101-0942 Dr. Jatto, Claudette G. M. D. 09/30/05 1 Observation care (99219) $150.00 $0.00 $0.00 $0.00 a 000113284 Your Medicare Number. 172-26-9257A PART B MEDICAL INSURANCE - ASSIGNED CLAIMS ( ) 3942362267 Page 3 of 5 October 14, 2005 Dates Medicare You See Of Amount Medicare Paid May Be Notes Service Services Proceed Changed Approved Provider sectioar Claim number 18-05278-602-650 Heritage Medical Group 1. L P, P O Box 12942, Philadelphia, PA 19181-8942 Dr. Thapar, Manish M.D. 10101105 1 Observation care discharge (99217) $90.00 Claim number 11-05271-251-130 Holy Spirit Hospital, 583 N 21 Rst St, Camp Hill, PA 17811-2284 Ur. Mudan, Pushpa R. M.D. $0.00 $0.00 $0.00 a 09/17/05 1 Emergency dept visit (99285) $378.00 $147.99 $118.39 $29.60 Claim number 11-05272-662-130 Quantum Imaging 'therapeutic, 2527 Cranberry Highway , Wareham, MA 02571-1046 Referred by: Dr. Mudan, Pushpa R., M.D. Dr. Tabb, D. Randy M.D. 09/17/05 1 Ct head/brain w/o dye $198.00 $43.15 $34.52 (70450-26) professional charge Claim number 11-05272-662-140 Quantum Images 'therapeutic, 2527 Cranberry Highway , Wareham, MA X571-1016 Referred by: Dr. Mudan, Pushpa R., M.D. Dr. Tabb, D. Randy M.D. 09/17/05 1 Ct angiography, chest (71275-26) professional charge $380.00 $97.38 $77.90 $8.63 $19.48 Account #:8787 Please Pay: $15.79 Due Date: 12/27/05 PLEASE DO NOT SEND CASH THROUGH THE MAIL Per,F I nF i Make Checks CUMBERLAND FAMILY PRACTICE For Billing Questions Cali Payable To: (717) 732-8883 x 241 MARGARET E. MATSON 6 ASHBURG DR APT 302 ECHANICSBURG PA 17050-8259 BE INFORMED: Ahufays read the front and back. of your Medicare Summary Notice. If you have questions, write or call: Veritus Medicare Services (##00363) P.O. Box 726 Pittsburgh, PA 15230 This is a summary of claims processed on 06/17/2005. PART B MEDICAL INSURANCE - OUTPATIENT FACILITY CLAIMS Dates of Service Services Provided Control number 20516701478001 Holy Spirit Hospital N 21st St Camp Hill, PA 17011-9%7 Referred by: Amy Fajardo 06/01/05 Drgs/Other Med-Sur Supplies Ct head/brain w/o dye (70450) Repair superficial wound(s) (12011) l.mergency dept visit (99283) Claim Total Notes Section: CUSTOMER SERVICE INFORMATION Your Medicare Number. 172-26-9257A Call: 1-800-MEDICARE (1-800-633-4227) Ask For Hospital Services TTY for Hearing Impaired: 1-877-486-2048 Hours: M-F 8:30 - 4:30 Non- Deductible You See Amount Covered and May Be Notes Charged Charges Coinsurance Billed Section a $8.00 $0.00 $0.00 $0.00 b 53.75 0.00 0.00 0.00 b 1,379.00 0.00 83.58 83.58 0.00 0.00 31.82 31.82 377.00 0.00 34.76 34.76 $1,817.75 50.00 $150.16 5150.16 a The amount Medicare paid the provider for this claim is $263.82. b Payment is included in another service received on the same day. THIS IS NOT A BILL - Keep this notice for your records. OV077-VO1YY0'V7J11'U77L/J/D-UVOll'I'UL-10717.) Medicare Summary Notice November 7, 2005 1 IIIIIIIMIIIMIIIIIII11II111II1I1,I MARGARET E MATSON 66 ASHBURG DR APT 302 MECHANICSBURG PA 17050-8259 CUSTOMER SERVICE INFORMATION Your Medicare Number: 172-26-9257A If you have questions, write or call: HealthNow NY Inc. DMERC A (#00811) P.O. Box 6300 Wilkes-Barre PA 18773-6300 BE INFORMED: Protect your Medicare number as you would a credit card number. This is a summary of claims processed from 10/08/2005 through 11/07/2005. Call: 1-800-MEDICARE (1-800-633-4227) Ask for Medical Supplies TTY-Device for Deaf: 1-877-486-2048 PART B MEDICAL INSURANCE - ASSIGNED CLAIMS Dates of Service Services Provided Amount Medicare Charged Approved Medicare Paid Provider Claim number 05278864332000 CUMBERLAND APOTHECARY INC, 3300 MARKET ST, CAMP HILL, PA 17011-4404 09/29/05 1 Walker folding wheeled w/o s (E0143-NUGA) $78.69 $78.69 Deductible Information: You have met the Part B deductible for 2005. - General Information: f Call: 1-800-MEDICARE (1-800-633-4227) Ask for Medical Supplies TTY-Device for Deaf: 1-877-486-2048 November American Diabetes Month 95 You See May Be Notes Billed Section $15.74 11? j rf` ?V? Medicare covers expanded benefits to help control diabetes. Benefits include your diabetes self- testing equipment and supplies, diabetes self-management training and medical nutrition therapy. Medicare covers screening to check for diabetes. November Continuation of Cold/Flu Campaign If you have not received your flu shot, it is not too late. Please contact your health care provider about getting the flu shot. Beneficiaries must use Medicare-enrolled suppliers in order to receive payment from Medicare. (continued) THIS IS NOT A BILL - Keep this notice for your records. P f } I y r; d; P Z f .; m7 - gg?pm?p} 1 m w m Ii - ?r{qq r KI M f i J? I ua 1 r ' i? T r u f t? I I _ S-t _ - I t ? v _ ?6"" -NN:13 MARGARET E. MATSON 66 ASHBURG DR APT 302 MECHANICSBURG PA 17050-8259 BE INFORMED: Always read the front and back of your Medicare Summary Notice. UU,1U1V1L'K,L'KVI L 11NrUKMA1'IUIN Your Medicare Number. 172-26-9257A If you have questions, write or call: Veritus Medicare Services (#00363) P.O. Box 726 Pittsburgh, PA 15230 Call: 1-800-MEDICARE (1-800-633-4227) Ask For Hospital Services TTY for Hearing Impaired: 1-877-486-2048 Hours: M-F 8:30 - 4:30 This is a summary of claims processed from 09/29/2005 through 10/11/2005. PART B MEDICAL INSURANCE - OUTPATIENT FACILITY CLAIMS Dates Non- Deductible You See of Amount Covered and May Be Notes Service Services Provided Charged Charges Coinsurance Billed Section Control number 20527101746201 Holy Spirit Hospital a N 21st St Camp Hill, PA 17011-9%7 Referred by: Amy Fajardo 09/ 17/05-09/ 18/05 IV Solutions $23.00 $0.00 $0.00 $0.00 b Drgs/Other 23.20 0.00 0.00 0.00 b Routine venipuncture (36415) 129.00 0.00 0.00 0.00 c Comprehen metabolic panel (80053) 108.00 0.00 0.00 0.00 c Lipid panel (80061) 97.00 0.00 0.00 0.00 c 13rinalysis, auto w/scope (81001) 49.00 0.00 0.00 0.00 c Assay of ck (cpk) (82550) 132.00 0.00 0.00 0.00 c Creatine, MB fraction (82553) 129.00 0.00 0.00 0.00 c Assay of magnesium (83735) 70.00 0.00 0.00 0.00 c Assay thyroid stim hormone (84443) 110.00 0.00 0.00 0.00 c Assay of troponin, quant (84484) 186.00 0.00 0.00 0.00 c Complete cbc w/auto dill wbc (85025) 74.00 0.00 0.00 0.00 c Fibrin degradation, quart (85379) 72.00 0.00 0.00 0.00 c Prothrombin time (85610) 43.00 0.00 0.00 0.00 c (continued) THIS IS NOT A BILL - Keep this notice for your records. Y Modem Nw*nr. 172-269257A Page 02 of 04 October 17, 2005 PART B MEDWAL INSURANCE OUTPATIENT FACILITY CLAIMS (cendowd) Dates Now Deductible You Sce of Amount Covered and Nhy Be Notes Service Services Provided Charged Chao" Coinsurance Billed Section This Clot ms comMooW € en do* previows-page. 09/ 17/05-09/ 18/05 Rbc sed rate, nonautomated (85651) 76.00 0.00 0.00 0.00 c Thromboplastin time, partial (85730) 61.00 0.00 0.00 0.00 c Chest x-ray (71010) 328.00 0.00 18.98 18.98 X-ray exam of shoulder (73030) 212.00 0.00 18.98 18.98 X-ray exam, knee, 4 or more (73564) 327.00 0.00 18.98 18.98 Ct head/brain w/o dye (70450) 1,517.00 0.00 83.58 83.58 Ct angiography, chest (71275) 2,729.00 0.00 138.54 138.54 Emergency dept visit (99284) 595.00 0.00 52.02 52.02 Cardiovascular stress test (93017) 560.00 0.00 39.83 39.83 Med-Sur Supp/lncdnt Rad 83.81 0.00 0.00 0.00 b Electro gin, tracing (93005) 248.00 0.00 8.35 8.35 Rhythm ECG, tracing (93041) 96.00 0.00 4.18 4.18 Observation care (99219) 756.00 0.00 0.00 0.00 b Claim Total $8,834,01 $0.00 $3113.44 S383.44 Control number 20528302735501 Hoty Spirit Hospital N 21st St Camp Hill, PA 17011-9%7 Referred by: Claudett G. Jatto 09/30/05-10/01/05 Drgs/Other Med-Sur Supplies Sterile Supply Routine venipuncture (36415) Basic metabolic panel (80048) Comprehen metabolic panel (80053) Urinalysis, auto, w/o scope (81003) Assay of ck (cpk) (82550) Creative, MB fraction (82553) Vitamin B-12 (82607) Assay of free thyroxine (84439) Assay thyroid stim hormone (84443) Assay of troponin, quant (84484) Complete cbc w/auto diff wbc (85025) Comphte cbc, automated (85027) Chest x-ray (71020) X-ray exam of hip (73510) X-ray exam, knee, 4 or more (73564) X-ray exam, knee, 4 or more (73564) Emergawy dept visit (99284) d $11.75 $0.00 $0.00 $0.00 b 1.00 0.00 0.00 0.00 b 36.40 0.00 0.00 0.00 b 157.00 0.00 0.00 0.00 c 72.00 0.00 0.00 0.00 c 108:00 0.00 0.00 0.00 c 25.00 0.00 0.00 0.00 c 44.00 0.00 0.00 0.00 c 43.00 0.00 0.00 0.00 c 110.00 0.00 0.00 0.00 c 50.00 0.00 0.00 0.00 c 110.00 0.00 0.00 0.00 c 62.00 0.00 0.00 0.00 c 74.00 0.00 0.00 0.00 c 62.00 0.00 0.00 0.00 c 257.00 0.00 18.98 18.98 328.00 0.00 18.98 18.98 327.00 0.00 18.98 18.98 327.00 0.00 18.98 18.98 755.00 0.00 52.02 52.02 ( ) u N CUSTOMER SERVICE INFORMATION MARGARET E MATSON 66 ASHBURG DR APT 302 MECHANICSBURG PA 17050-8259 Your Medicare Number. 172-26-9257A If you have questions, write or call: HGSAdministrators (#00865) P.O. Box 890413 Camp Hill, PA 17089-0413 Call: 1-800-MEDICARE (1-800-633-4227) Ask For Doctor Services BE INFORMED: Protect your Medicare number as you would a credit card number. TTY Users Only Should Call 1-877-486- Business Hours M - F; 8:30 - 4:30 EST. This is a summary of claims processed from 10/17/2005 through 10/25/2005. PART B MEDICAL INSURANCE - ASSIGNED CLAIMS Dates Medicare You See of Amount Medicare Paid May Be Notes Service Services Provided Charged Approved Provider Billed Section Claim number 11-05284-780-610 Central Pennsylvania MRI Cen, 2527 Cranberry Highway , Wareham, MA 02571-1046 Referred by: Dr. Davis, Richard L., M.D. Dr. Singer, Paul S. M.D. 09/21/05 1 Magnetic image, joint of arm (73221-L"r) $965.00 $468.98 $375.18 $93.80 09,/21/05 1 Magnetic image, joint of arm 965.00 468.98 375.18 93.80 (73221-RT) Claim Total $1,930.00 $937.96 $750.36 518 .60 Claim number 11-05277-089-250 Ekg Associates, 725 Maple Road, Middletown, PA 17057-0000 Referred by: Dipaolo, Selena L., NP Dr. Rice, Keith S. M.D. 10/01/05 1 Electrocardiogram report (93010) $35.00 $8.83 $7.06 $1 .77 THIS IS NOT A BILL - Keep this notice for your records. Y a c/ CEN E /A95 TER 02571-Solo0 pR SAN C095*41237 PA 1705$259 ?urlllurlf/rrr ? 3UR jr? rh hhhl?hrhrr11rrr?141 If yQU have an 1 `'HMO Promptly ease rep,, 800-294-S69 hog aOR 5pg 295556 EIN 23.24112 7.30AM - 3:30PM Eastern T• 59 Pq,J Central Tlme PAGE 1 1 o? v+?? ,.wj ?. k DD 49 1 8( CD S s C z t V' Ci m I n b 0 ? W O CD fb 0 lb o, o C j• T CZ(oy4 tU n '?O t D <c ? n h L?U 1 to C? y O Q1 _ sbb O m C n m co zo," O n O C 13 y " L m t . CDQ W C 0 0 O: O:O,Ow .Cfl:Cn'Cn.V1 •0vv'v ON NfA'N m AA n O O N CD C C CD CD C2 Q_ CD CD co w1 v V, ? m : D!r, n m C(D Cl) c 'O m CD Ik 0 ;N CJ1 Q <' i D ?l W' J J C w. cO ? V O :Z. Cn' O O(O J N N O Cn W O :A CA (A.00.(D ?. Na V W J m w. 4 OD V O, W N N V O CO O o f V0 ? 0 O 0 Y i a, I f 000112177 Your Medicare Number. 172-26-9257A PART B MEDICAL INSURANCE - ASSIGNED C 395676866 e2of3 ber 4, 2005 Dates Of Service Services Provided Amount Medicare Charged Approved Medicare You See Paid May Be Notes Provider Bred Section Claim number 11-05286-410-510 Silver Spring Ambulance, PO Box 726, New Cumberlnd, PA 17070-0726 09/17/05 1 BLS-emergency (A04:39-R11) 09/17/05 11 Ground mileage (A0425-R11) 09/17/05 1 Ambulance 02 life sustaining (A0422-R11) Claim Total $390.00 $266.41 $213.13 82.50 60.98 48.78 45.00 5.70 4.56 $517.50 $333.09 $2".47 $53.28 a 12.20 a 1 .14 a Notes Section: a The approved amount is based on a special payment method. Deductible Information: You have met the Part B deductible for 2005. General Information: If you have questions about this notice or need information on how to appeal this claim, please see the last page of this notice or call HGSAdministrators at 1-800-633-4227. Select the option for claims and then doctor services. Additional Medicare information can be found on our web site at www.hgsa.com. To obtain claim, deductible or eligibility status, try our Automated Response Unit (ARU). If you have touch tone service dial 1-800-633-4227. TO CHANGE YOUR ADDRESS: First contact Social Security at 1-800-772-1213 to inform them of your address change. Then call us at 1-800-633-4227 or write to us at the address shown in the Customer Service Information box on the first page of this notice. If you write, please be sure to include the following for each member of your household: Complete Medicare Number and Telephone Number Date of Birth and Signature -- --- ----- - - Procedure -- - Total ! D*,-C0urft-r -- -- { f3escr+ptl©n Cade Qty Unit Price Charge Ac!us[menfs Payments 9/17/05 Basic Life Support Emergency A0429 1 390.00 390.00 047105 Mileage A042.5. 11 7.50 - - 82.50.._ 9/17/05 .. Oxygen A0422 1 45.00 45.00 07!05 Discount, Medicare -123.59 9/17/05 Discount, Medicare 39.30 9/17/05 Discount, Medicare 21.56 10/26/05 Discount, Medicare 0.04 10/26/05 Payment -213.13 10/26/08 Payment -48.78... 10/26/05 Payment 4.56 Total 517.50 184.41 -266.47 f Medicare has paid their portion of these charges. The balance due is your responsibility. If you have supplemental insurance which covers this co pay amount, please complete the back of the invoice or contact our billing office. Silver Spring Ambulance & Rescue Assoaation, 8TI P ,-; $66 .62 b,%T@Ad, MARGARET E. 05-5 1384 000113285 Your Medicare Number. 172-26-9257A ART B MEDICAL INSURANCE - ASSIGNED CLAIMS (continued) Claim number 11-05272-662-700 Quantum Imaging Therapeutic, 2527 Cranberry Highway, Wareham, MA Referred by: Dr. Fajardo, Amy M., M.D. Dr. Farrell, Timothy P. M.D. 09/17/05 1 Chest x-ray (71010-26) professional charge 394862267 Page 4 of 5 October 14, 2005 Notes Section: a This service cannot be paid when provided in this location/facility. Deductible Information: You have met the Part B deductible for 2005. General Information: If you have questions about this notice or need information on how to appeal this claim, please see the last page of this notice or call HGSAdministrators at 1-800-633-4227. Select the option for claims and then doctor services. Additional Medicare information can be found on our web site at www.hgsa.com. To obtain claim, deductible or eligibility status, try our Automated Response Unit (ARU). If you have touch tone service dial 1-800-633-4227. TO CHANGE YOUR ADDRESS: First contact Social Security at 1-800-772-1213 to inform them of your address change. Then call us at 1-800-633-4227 or write to us at the address shown in the Customer Service Information box on the first page of this notice. If you write, please be sure to include the following for each member of your household: Complete Medicare Number and Telephone Number Date of Birth and Signature Dates Medicare You See of Amount Medicare Paid May Be Notes Service Services Provided Charged Approved Provider Billed Section MioLy ?HPO PITAL The Spirit of Caring Holy Spirit Hospi 5D3 N 21ST STREET CAMP HILL PA 17011 877-254.9239 Amo mt Inlmosatiom, nmm CaUX77-2549239 Trsn ctioo Date 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 09/30/05 P PREVIOUS BALANCE APAP 325MG TAB FOLEY KIT 16FR VENIPUNCTURE -FREE T4 -. .__?T?SIf= REFLEX METABOLIC PANEL,C CPK (CREAT. PROS) CKMB URIN, (NO MICRO.) CBC,AUTO RIFF STAT HANDLING FEE STAT HANDLING FEE STAT HANDLING FEE STAT HANDLING FEE STAT HANDLING FEE STAT HANDLING FEE STAT HANDLING FEE TROPONIN T CHEST 2V LEFT HIP Eadm aW Imsmance Due: .00 Total Patient tits: .00 .50 36.40 14.00 50.00 110.00 108.00 44.00 43.00 25.00 74.00 19.00 19.00 19.00 19.00 19.00 19.00 19.00 62.00 257.00 328.00 Balance: 353.22 JR PAST DUE PAYMENT HAS NOT BEEN RECEIVED AS REQUESTED ASE SEND PAYMENT IN FULL NOW. ) MEDICARE 01P .00 ASE DISREGARD THIS STATEMENT IF YOU HAVE PAID. pi w -datach and tatrmvft your mummt- For lion i Use Dab Number: -----? ADM DT: 093005 26388536 HOLY SPIRIT HOSPITAL 503 N 21ST STREET DSH DT: *NONE* MATSON NkARGARET E 01/ 06 CAMP HELL PA 17011 SB: K0000 n 717-697-0739 ? ? ® ? - Cwt Mw 'rr rm• sqx CVV2 Hare: ADDRESS SERVICE REQUESTED HR: HSG 715.96 sl?aar? .?moam rain: boot' your address or irlsrrance irvl rgnmdan rs Please make tsn es on baatc?tcc g Make Check P8ysble To HOLY SPIRIT HOSPITAL • The CM Number is the Lot 3 dish, on the Lad of yaw cedit cad, by Yaar' ri6natare 01)028197 1 MB 0.309 02 111111131111 fill 111111 26388538 HOLY SPIRIT HOSPITAL MARGARET E MATSON P.O. BOX 822183 6355 N PQWDERHORN RD PHILADELPHIA,PA 19182-2183 MECHANICSBURG PA 17050-8306 1000263885380010000003532200100735000000011309 ?t? 9/ :g_ - --?: = 0. ?HbLy ATRTT Holy Spirit Hospital Transaction Date Desaiptioa 09/30/05 LEFT KNEE 09/30/05 RIGHT KNEE 09/30/05 LEVEL IV 1-4 HRS INTER. 09/30/05 EKG 09/30/05 OBSER 1ST HR MS6M 09/30/05 ED LEVEL III PC 10/01/05 LORAZEPAM 0.5MG TAB 10/01/05 ASA 80MG TAB 10/01/05 NAPROXEN 250MG 10/01/05 NAPROXEN 250NG 10/01/05 NAPROXEN 250MG 10/01/05 NAPROXEN 250MG 10/01/05 LEVOTHYROX 0.050 10/01/05 GRADUATES DISP 10/01/05 ADMISSION KIT 10/01/05 TERRY SOCK XL DBLU 10/01/05 B12 10/01/05 METABOLIC PANELS,B 10/01/05 COMPLETE BLOOD COUNT 10/01/05 SPEC COLLECT FEE 10/01/05 OBSER ADDHR M/S6M 10/24/05 MEDI PYMT-HOSP OP M10 MEDICARE 0/ 10/24/05 MEDI C/A HOSP-OP M10 MEDICARE 0/ Amount 327.00 327.00 755.00 124.00 110.00 206.00 3.00 .25 2.00 4.00 4.00- 3.00 3.00 1.00 9.60 5.50 110.00 72.00 62.00 10.00 195.00 415.47- 2,841.56- Page # 1 :4 'r LY SH MOSTAL The Spirit of Caring Holy Spirit Hospital 503 N 21ST STREET : = - - - - CAMP HILL PA 17011 877-2S4-9239 ... -- --- ---------- ------------ I it Account Bator astion, Please CdII877-25"239 Date 09/17/05 09/17/05 09/17/05 09/.17/05-- 09/17105 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 09/17/05 lux uance Due: Total Patient Credits: PREVIOUS BALANCE VICODIN TAB NTG 0.4MG 1/150 NIASPAN ER 500 MG _ _ NIASPAN .-ER 500 MG EC ASA 325MG DISC ELECT AD 4 ADMISSION KIT TERRY SOCK XL DBLU TERRY SOCK XL DBLU ALARIS EXTENSION SET NACL 0.9 1000 PUMP SET 2Y TYPE IV CATH TRANSPARENT DRESSING VENIPUNCTURE METABOLIC PANEL,C CPK (CREAT. PHOS) CPK (CREAT. PHOS) CKMB CKMB 'OUR PAST DUE PAYMENT HAS NOT BEEN RECEIVED AS REQUESTED. 'LEASE SEND PAYMENT IN FULL NOW. A10 MEDICARE O/P .00 'LEASE DISREGARD THIS STATEMENT IF YOU HAVE PAID. HOLY SPIRIT 110SPITAL 503 N 21ST STREET CAMP HILL PA 17011 ADDRESS SERVICE REQUESTED ?yor a Umewmake orb back scion 00028146 1 MB 0.309 03 26302844 MARGARET E MATSON 6353 M POWDERHORM RD MECHANICSBURG PA 17070 ADM DT: 091705 LWA padeat DSH DT: "NONE' M ATS( SB: K0000 717-697-0739 Amount .00 6.00 1.00 8.00 8.00 .10 5.00 9.60 5.50 5.50 5.81 23.00 58.00 14.00 1.00 14.00 108.00 88.00 44.00 43.00 43.00 Account Balance: 433.64 - r ae JRET E 1 /041 M ? ----- HR: HSG 1 Si?namre: 788.50 Make Check Payable To HOLY SPIRIT HOSPITAL • The Cwt Plumber is the Ion 3 diem an the but of ywr weak std, by your sipaaw It Allela1$JIIish$1161,.1.1.,.1111.1,1.11.1.11„111.11..11 HOLY SPIRIT HOSPITAL P.O. BOX 822183 PHILADELPHIA,PA 19182-2183 0000263028440010000004336400100735000000011302 SH6LY c-Inrorrr Holy Spirit Hospital Tramactim Daft Dmcriodon Amamt 09/17/05 CKMB 43.00 09/17/05 CBC,AUTO DIFF 74.00 09/17/05 SED. RATE 76.00 09/17/05 D-DIMER,QUANTITATIVE 72.00 09/17/05 BLOOD BANK/HOLD .00 09/17/05 SPEC COLLECT FEE 10.00 09/17/05 STAT HANDLING FEE 19.00 09/17/05 STAT HANDLING FEE 19.00 09/17/05 STAT HANDLING FEE 19.00 09/17/05 STAT HANDLING FEE 19.00 09/17/05 STAT HANDLING FEE 19.00 09/17105 TROPONIN T 62.00 09/17/05 TROPONIN T 62.00 09117/05 TROPONIN T 62.00 09/17/05 RIGHT SHOULDER 212.00 09/17/05 CHEST PORT 328.00 09/17/05 LEFT KNEE 327.00 09/17/05 CT CHEST WKW/0 CONTR/ANGIO/PE 2,729.00 09/17/05 CT BRAIN WO CON 1,517.00 09/17/05 LEVEL IV FC 595.00 09/17/05 TRACING ONLYW/O INTER B REPORT 96.00 09117/05 EKG 124.00 09/17/05 OBSER 1STHR M/S8M 148.00 09/17/05 OBSER ADDHR M/S8M 266.00 09/17/05 ED LEVEL V PC 378.00 09/18/05 EC ASA 325MG .10 09/18/05 TSH 110.00 09/18/05 MAGNESIUM 70.00 09/18/05 LIPID PANEL 97.00 09/18/05 URIN, (NO MICRO.) 25.00 09/18/05 MICROSCOPIC, URIN 24.00 09/18/05 APTT 61.00 09/18/05 PROTHROMBIN TIME 43.00 09/18/05 SPEC COLLECT FEE 10.00 09/18/05 STRESS TEST 560.00 09118/05 EKG 124.00 09/18/05 OBSER ADDHR M/S8M 342.00 09/19/05 EKG 124.00 09/19/05 EKG 124.00- 10/12/05 MEDI PYMT-HOSP OP M10 MEDICARE 0/ 854.27- Page # 2 Z?OLY Dmtrr Holy Spirit Hospital Paves 41 Trsnuctim Date Dmaipfm Amount 10/12/05 MEDI PART B PYMMT-OP M10 MEDICARE 0/P 118.39- 10/12/05 MEDI C/A HOSP-OP M10 MEDICARE O/P 7,596.30- 10/12/05 MEDI PART B C/A-OP M10 MEDICARE 0/P 230.01- a m D QA Co - i M -21 v oA 0 N z 0 ? A C/) C Z 0 w n m w s r 2 Z 0 v c .n a S ' -1 = m r m ? D 1 A m Q W :ii; W ? N D K m N A Q 1-" ? r N N N A ? fl Sa53a889 UT- ? s r D z m m 1 n >S m 1 # n T t t O W, Y Y O O ?o o Y W W N N O O CD a n 3 < T a ? T A n 30- .C m m -? -+ m m 0111-4 A w n O A m m z a m W a O -i C 'a X -4 :x to O z a - D < Z S n D -i rn m -i -4 rn < w O C M O o ae .. D m z r D rzi .+ Y m o < °# Z < ` H V/ C N Oa C N ?+ J A x -i ao Z S m !n ? -4 )P- -n w x r A r a D o Y A 2 3 fn d n x m a m r .. mm to N Y ? D O 70 .+ Vl c m m 70 -4 b n o m x to •• v D z r co D c m z D toe m z r m i m .+ E 7K x m x # w T N V Z l O N 1 r cot W 0000 w o o Y o m :` }' is ` ae o. .. .. N N N N ?" O O O O O O O O W m m T T 0 0 3 D a < T D V -i < N T A 0 m m m C1 a ozzzm;o \ 1 m m T O m m m z o m auio M -4 T S A S Z < S n D 1 to m -i 1 a < w 0 C w O O bo w p m z c .. c> r z 70 r D -/ r. .. z p v 1 m p < # z z < ? .. /o C N co C 0 Y V m 1 -i co z S m m \ 0 m z of 70 m --4 -i .. w D n n to z: V A D O Z 3 w N d A m S m r m o ? D to ? c m m m z 2 -1 O n o mm < Z D N r c r m m a o z 0 m E x ,! 0 x H N Z O 1 A Q C 5 co Go y 10 !P d H S1 4A N ¦ v C a ?o 0 0 0 0 .. 0 Y A r a D o t NI o n . o Y O? r .p lil W a N1 . ?? O > i O NI 1s..0 O - V O O .p co W co O ? 8 O O O O tTl O• O O O O V! O O O O VA O O O V ?O V O. O O. ?D O O O '`L'?? isr- rLvr i w -.i Answer's --- ???'? ; INTERROGATORIES 1. Please state your full name, date of birth and present address. ANSWER: njgr9ore.? C mc'150n Dcfi w ?, 19o (L C_ IQ r<) mQvi -? Uc- s; ij ? Re.? a6 ra C1Irf lO s C I arcmon+ Kd P(j il'mI3 - Fyo5 2. List the names and addresses of your employers for the past ten years, if any, and describe your employment duties and responsibilities. ANSWER: o ? empjotf ed duv- n5 ASS - m 5 If self-employed, state nature of business and address where business is carried on. ANSWER: 4. State the amount of your gross and net income for each of the past six years. ANSWER: 130601 SectAr-4 6 5. Describe any and all accidents and/or personal injuries you have suffered before the accident herein sued upon, giving the date, place, and parties involved in each such accident. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: 40 Termer 61Cc r dU4.7 6. State the names and addresses of all medical providers whom you have seen or with ki,hom you have consulted during the ten years preceding the date of this accident, the nature of the ailment, illness, or other reason, for which such providers was consulted, and give the approximate dates, designating each. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: Dana / jlAcs, e..s' J vlr"sb grlAr;?I? e f C, 7 7. Of your own knowledge, what injuries did you receive in the accident involved in this case and identify any permanent scars, disfigurements, disabilities or discomforts growing out of the within accident. ANSWER: Se,lere ?Ya m,0. 'o ?e'd c. %? e , re d s a es Arvn e? s ?ru1,5atI q WArCA ICd Vtr-f- skoglde. - PqI ltVy)n tul-er avnmJ?n Rro'ri no, `' , ?r o k Rnr, f- 45: t t l r o4 ?.U cz a c due T k-(u "1 01 l ej s 5? , &1?a f C 'A e"3 '4 ver?. Ar??-t?'?? 4MCl Jo?rtT fbRon. , ?.1 8. Of your own knowledge, please set forth the exact nature of all other present physical complaints which you allege are attributable to the injuries which you received in the accident involved in this case. ANSWER: r:6 I 14 tj, V1z Qccrdek'r rnv Coro e.r 10s4 Q a? r?s sum as U poi-7 lDs'r C04u 51'on O-Ad Ecvet2 S J PA/nJ ungUe walk L 14owl a vr%e,. 54 Q4: er, a par " e-4 ollso)°n ? ?'?l/ate ,C0/h??tts _ C(Ach "5Ae ?r-o Sit Wa,s f ak?e~n ? 6 rri ~ awkq qnc" die, +c?f s OCCLt rq. c uJ;4,n Z? Me ?ctIoLo inJc k?r 'm`all- )}4Ce- her -I'harcl 4/i714 oo1 9"Ptr"} 0. doc'ot-- Car,'fY`vjy?c S?iQ coy l v?o7 lf? 4 e os ?," a ? u ? 1 f 56C ? Otd OL Sa;c ?v?y?ron rn `f a l'r ? , ?i'? ursr y At ulrjS adm;,-ffcd ?d C lar?rrp /Vurs;n ?ac,fl;n Or-4, 1, ;a0.5 ooid rtmQIrII h r? a-? ? re5en? 0,6c; Ae,?- QQr -Z file 5-A e- `, a d 4-o h CV e, r ??s c fa h f'c-r n ¢ / /?r: %i e 3 0 ?e?a S t0 ? , ^r? 8 h e r^ c: /e i y Please set forth the full name and address of each and every medical provider who has attended, examined or provided services to you as a result of the within accident. ANSWER: 9 10, Specifically, what amount of time have you lost from your regular place of employment as a result of this accident, from the date of said accident up to and including the present and how much income, if any, do you claim to have lost to date as a result of the within accident? ANSWER: 11. Of your own knowledge, will it be necessary for you to have future medical treatment by reason of the within accident and, if so, who advised you of the need for treatment and describe the type of treatment discussed. ANSWER: 10 12. Has any physician advised you to limit or restrict your work, employment or vocational activities or your activities of daily living, hobbies or activities due to injuries related to the incident in suit and, if so, identify the physician by name and address and describe the limitations and/or advice related to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: 13. Describe any and all accidents and/or personal injuries you have suffered since the accident here sued upon, giving dates, time and place, parties involved and injuries involved. ANSWER: As to Both Plaintiffs: 14. Do you know of any person who witnessed the alleged occurrence or who has any knowledge of the relevant facts concerning the nature, character and extent of the injuries, disabilities, damages, losses or expenses sustained by you as a result of the occurrence and for which claim is being made in this action? If so, for each person, state: (a) the name and last-known address; (b) a detailed description of the relevant facts known; (c) whether written or otherwise recorded statement has been taken, and, if so, the Ilanie and address of the person taking the statement and the person in present custody of the statement; and (d) if you will do so without a Motion to Produce, attach a copy of each statement to }roar Answers to these Interrogatories. ANSWER: 12 15. State the name, address, occupation and field of specialization, if any, of each person ,,vhom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. ANSWER: 16. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, incitiding the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) ANSWER: 13 17. Set forth the facts to which each expert you have listed is expected to testify ANSWER: 18. Set forth the opinions to which each such expert is expected to testify. ANSWER: 14 19. At the time of this accident, were you covered by any policy of insurance which protected against the loss which is the subject of this action including but not limited to health insurance and/or disability insurance? If so, state for each such policy: (a) the name, principal place of business and telephone number of the insurer; (b) the name, address and telephone number of the named insured; (c) the policy number; (d) the effective dates of coverage; (e) the amount of coverage, specifying the terms thereof. ANSWER: /1J 20. Identify by name, address, and subject matter of testimony all trial witnesses you intend to call. ANSWER: 15 21. State the total amount of bills you have incurred for medical treatment as a result of the accident upon which this lawsuit is based? ANSWER: 22. Describe the footwear you were wearing at the time of your fall. ANSWER: X1216•+? Y 23. Have you been convicted of any crime within the past ten (10) years, whether by verdict or plea of guilty or nolo contendere? If so, please state: a. the date of each such conviction; b. the county and state in which you were convicted for each such crime; C. the nature of the felony or misdemeanor of which you were convicted; d. whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; e. the name and addresses of the tribunal imposing sentence; f. the title of the cause and case number assigned by said tribunal to your case; g. the nature of the sentence imposed; and h, the dates and places of any facility in which you were incarcerated, and the date(s) of release. ANSWER: 4/6 16 24. Have you ever filed any claim(s) for worker's compensation benefits for this or any other incident and, if so, identify the employer, the claim number, describe your injury, and provide the name and address of the insured or self-insured entity to which your claim was made. ANSWER: A/O 25. Have you ever filed a claim for disability insurance and, if so, please identify when the claim was made, the reason for the claim, and the identity of the insurance company or other entitv to whom the claim was submitted. ANSWER: A/0 26. Have you ever filed a claim or lawsuit for personal injuries (other than this one) and, if'so, please identify when the claim and/or lawsuit was filed, the reason for same, the parties involved in any accident or incident, and the claim number and insurance company and/or docket number involved. ANSWER: Na 17 27. Have you, at any time, or are you currently preparing or maintaining any records, notes, logs, ledgers or diaries that in any way describe your injuries, treatments, or activities since the accident referred to in your Complaint? ANSWER: ? 4?S j ec-GOrr)s are, t;oi .? 28. If you answered "Yes" to the above question, where are said documents? ANSWER: /q'tT K Gee. ?3,e k s Dated: July 20, 2007 By: 'STRICKLER, LERMAN YMOS & CAL INS 90BERT A. LERMAN, ESQUIRE Attorney for Defendants, Cumberland Valley School District and Dr. B. Jean Walker, Superintendent of Cumberland Valley School District Supreme Court I.D. #07490 110 South Northern Way York, PA 17402 (717) 757-7602 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff V. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT; DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT; AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED VERIFICATION I, Sandra K. Morris, Guardian Ad Litem for Margaret E. Matson, Plaintiff herein, verify that the statements made in foregoing Answer to Defendant's Request for Interrogatories are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: , _ (o ?- o), . 'k? a Sandra K. Morris, Guardian Ad Litem for Margaret E. Matson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Civil Action-Law Plaintiff No. 07-3275 V. CUMBERLAND VALLEY SCHOOL DISTRICT: DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT: AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, George W. Gekas, Esquire, do hereby certify that on this, the day of March, 2008, I served a true and correct copy of the foregoing Answer to Defendant's Request of Interrogatories by sending the same by first class U.S. mail, postage prepaid, addressed to the parties and / or attorneys of record, as follows: Robert A Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Counsel for Defendant Cumberland Valley School District Adam L. Seiferth, Esquire Cipriani & Werner, PC 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Counsel for Defendant Waterford Square Associates, Inc. --- By: George W. Gekas, Esquire Pa. Supreme Court ID#07177 4901 Derry Street Harrisburg, PA 17111-3443 (717)564-6400-phone Attorney for Plaintiff c' co G? i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Cumberland Valley School District, certifies that: (1) A Notice of Intent to Serve Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) The 20 day Notice Period has expired and no objections have been filed; and (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Dated: April 10, 2008 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Cumberland Valley School District, 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. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK 1 BY: Robert A. Lerman, Esquire #07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 Date: March 17, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Cumberland Family Practice 4470 Valley Street Enola PA 17025 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, billing records, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Margaret E. Matson, Social Security No. date of birth: 10/8/22 from January 1, 1995, up to the present. at Griffith, Strickler, Lerman Solvmos & Calkins 110 S Northern Way York PA 17402-3737 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: Robert A. Lerman, Esq. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Cumberland Vallev School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Holy S irit Hos ital 503 N. 2151 Street Cam Hill PA 17011-9967 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any admission and discharge summaries, history of physical examination reports, consultation reports, diagnostic reports, emergency room reports, out-patient clinic notes of treatment and billing records pertaining to Margaret E. Matson, Social Security No. ; date of birth: 10/8/22 from January 1, 1995, up to the present, at Griffith Strickler Lerman Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: Seal of Court Robert A. Lerman, Esq. GRIFFITH. STRICKLER. LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant, Cumberland Valley School District BY THE COURT: Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Quantum Imaging & Therapeutic Associates Inc. 405 Saint Johns Church Road Camp Hill PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests, reports, billing records and records and reports of examinations and any other medical records of any kind from January 1, 1995 and up to and including the present pertaining to Margaret E. Matson, Social Security No. ; date of birth: 10/8/22. at Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way, York PA 17402-3737 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: Robert A. Lerman, Esq. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 1 10 South Northern WE, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Cumberland Vallev School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, : vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., : Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Silver Spring Ambulance & Rescue Association P.O. Box 726, New Cumberland PA 17070- 0726 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 records including trip reports and responding crew members names and addresses pertaining to any BLS/ALS transport of Margaret E. Matson, Social Security No. date of birth: 10/8/22, Silver Spring Garden Apartments, 66 Ashburg Drive, Mechanicsburg, PA 17050 for the period January 1, 2003, to the present. at Griffith, Strickler. Lerman. Solymos & Calkins 110 S Northern Way York PA 17402-3737 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: Robert A. Lerman. Esq. ADDRESS: GRIFFITH, STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York PA 17402 TELEPHONE: (717 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Cumberland Valley School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, ; vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Cumberland Apothecary, Inc. 3300 Market Street Camp Hill PA 17011-4404 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 records pertaining to Margaret E. Matson, Social Security No. ; date of birth: 10/8/22 in your possession, including but not limited to prescriptions filled from January 1, 1990, up to and including the present. at Griffith. Strickler, Lerman, Solymos & Calkins 110 S Northern Way York PA 17402-3737 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: Robert A. Lerman. Esa. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: 717 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Cumberland Valley School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Heritage Medical Group, L.L.P. and/or Drs. Claudette G. Jatto Richard L Davis James F Rich and Robert D. Kusztos, P.O. Box 125, Camp Hill PA 17001-0125 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind from January 1, 1995 and up to and including the present pertaining to Margaret E. Matson, Social Security No. ; date of birth: 10/8/22. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way York PA 17402-3737 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: Robert A. Lerman, Esq. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Cumberland Vallev School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Claremont Nursing & Rehab Facility. 1000 Claremont Road Carlisle PA 17013-8805 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Admission(s) and discharge(s) summaries, physicians notes, nurse's notes, physicians orders, medication orders, consultation reports, diagnostic reports, billing records, pharmaceutical department records, weekly and/or daily evaluation reports and all plans of care, pertaining to Margaret E. Matson, Social Security No. ; date of birth: 10/8/22. at Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York PA 17402-3737 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: Robert A. Lerman, Esq. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Cumberland Valley School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Associated Cardiologists, PC, 856 Century Drive, Mechanicsburg, PA 17055-4375 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind from January 1, 1995 and up to and including the present pertaining to Margaret E. Matson, Social Security No. ; date of birth: 10/8/22. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: Robert A. Lerman, Esq. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Cumberland Valley School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. No. 07-3275 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: EKG Associates, 725 Maple Road, Middletown, PA 17057-0000 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind from January 1, 1995 and up to and including the present pertaining to Margaret E. Matson, Social Security No. ; date of birth: 10/8/22. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: Robert A. Lerman, Esq. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Cumberland Valley School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division Civil Action - Law IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, : vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 TO: Central Pennsylvania MRI Center, 4665 E Trindle Road Mechanicsbure PA 17050-3640 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests, reports, billing records and records and reports of examinations and any other medical records of any kind from January 1, 1995 and up to and including the present pertaining to Margaret E. Matson, Social Security No. ; date of birth: 10/8/22. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Wav York PA 1 7402-3 73 7 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: Robert A. Lerman, Esq. ADDRESS: GRIFFITH, STRICKLER. LERMAN SOLYMOS & CALKINS 110 South Northern Wav York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Cumberland Valley School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. CERTIFICATE OF SERVICE JURY TRIAL DEMANDED AND NOW, this 17`h day of March, 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intent to Subpoena Records by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire Adam L. Seiferth, Esquire 1104 Fernwood Avenue, Suite 102 Cipriani & Werner Camp Hill, PA 17011 1011 Mumma Road, Suite 201 (Counsel for Plaintiff) Lemoyne, PA 17043 (Counsel for Waterford Square Associates, Inc.) GRIFFITH,ICKLER, LERMAN, SOLYMOS & CAL INS Robert A. Lerman, Esquire #(7490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 klr/cumberland-noi Civil Action - Law No. 07-3275 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, VS. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 10`h day of April, 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire Adam L. Seiferth, Esquire 1104 Fernwood Avenue, Suite 102 Cipriani & Werner Camp Hill, PA 17011 1011 Mumma Road, Suite 201 (Counsel for Plaintiff) Lemoyne, PA 17043 (Counsel for Waterford Square Associates, Inc.) GRIFFITH, STRIC ER, LERMAN, SOLYMOS & CALKIN BY: Robert A. Lerman, Esquir?107490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 kir/cumberland-certpre r ? ?"'} ..-i S -'t"i ?7? ?r- ?:; ? ?? i ? ? ? 5"•?? C.i? :G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED JOINT PETITION OF DEFENDANTS CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES. INC.. TO APPROVE AND ENFORCE SETTLEMENT AND PAY MONEY INTO COURT AND NOW, comes Defendants, Cumberland Valley School District, by its counsel, Robert A. Lerman, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and Defendant, Waterford Square Associates, Inc., by and through its counsel, Adam L. Seiferth, Esquire and Cipriani and Warner, who, together, file this Joint Petition to Approve and Enforce Settlement and Pay Money into Court, and in support thereof aver as follows: 1. Plaintiff, Margaret E. Matson, instituted this civil action for personal injury sustained as the result of an alleged trip and fall that occurred on June 5, 2005, by filing a Writ of Summons on June 1, 2007. 2. On July 18, 2007, in response to Defendant, Cumberland Valley School District's Praecipe, a Rule was issued directing Plaintiff to file a Complaint. 3. On August 17, 2007, Plaintiff filed a Complaint. 4. The Plaintiff in this case, Margaret E. Matson, was born on October 8, 1922. Therefore, she is currently 87 years of age and was 82 years of age at the time of the alleged fall. 5. Pleadings have now closed. 6. On February 7, 2008, Plaintiff's daughter, Sandra K. Morris, was appointed as her guardian ad litem. A copy of this Honorable Court's Order in this regard is attached as Exhibit A. 7. Defendants believe that some or all of the medical bills for the treatment of Ms. Matson's injuries were submitted to and paid for by Medicare. 8. On or about October 29, 2008, Plaintiff's counsel and her guardian accepted a settlement offer in the amount of $10,000.00. A true and correct copy of the correspondence directed to Plaintiff's counsel of November 3, 2008 is attached hereto, marked Exhibit B, and incorporated herein by reference. 9. By virtue of the correspondence dated November 3, 2008, counsel for Defendant, Cumberland Valley School District, notified Plaintiff's counsel that this matter could not be settled until any lien which may be held by Medicare was addressed and satisfactorily resolved. 10. In United States of America v. Paul J. Harris (Esquire), the United States District Court for the Northern District of West Virginia, Civil Action, 5:08 CV 102, ruled that the government has a right to recover a Medicare payment against any entity responsible for making the primary payment and, to recover the payment, the government may "bring an action against any and all entities that are or required or responsible to make payment." Therefore, Defendants may not make a final settlement of this matter until the Medicare lien issue is resolved. 11. From November 3, 2008, up to the current time, counsel for Defendant, Cumberland Valley School District, wrote to counsel for the Plaintiff requesting Plaintiff's counsel either provide a written waiver of Medicare's lien or a letter from Medicare stating the amount of the compromise lien figure Medicare will accept to resolve the case so that the 2 settlement of this matter can be completed. Copies of such correspondence are attached hereto and collectively marked Exhibit C. 12. In addition, counsel for Defendant, Waterford Square Associates, Inc., also wrote to counsel for the Plaintiff on August 25, 2009, regarding this issue and a copy of such correspondence is attached hereto and marked Exhibit D. 13. In the last correspondence transmitted by counsel for Defendant, Cumberland Valley School District, to counsel for the Plaintiff (August 24, 2009), Plaintiffs counsel was advised that a Petition to Enforce the Settlement and to pay the agreed upon settlement figure into Court would be filed. 14. As of the date of this Petition, Plaintiff s counsel has failed to provide Defendants with a written waiver of Medicare's lien or a letter from Medicare stating the compromise lien figure it will accept to resolve the case and has likewise failed to provide counsel for the Defendants with copies of all letters, documents and/or communications transmitted by Plaintiff s counsel to Medicare in an effort to resolve the lien issue. 15. On November 18, 2009, a letter was faxed to Attorney Gekas, counsel for the Plaintiff, by counsel for Defendant, Cumberland Valley School District, asking whether he concurs or not in the filing of the instant Joint Petition of Defendants to Enforce Settlement and pay money into Court. 16. No judge has ruled upon any other issue in this or a related matter except the Honorable Kevin A. Hess on appointing Plaintiff s Guardian ad litem. 17. Pa. R.C.P. Rule 2064 requires that the Court approve this settlement. WHEREFORE, Defendants, Cumberland Valley School District and Waterford Square Associates, Inc., respectfully request this Honorable Court enter an Order to Enforce the 3 Settlement Agreement of $10,000 and directing said Defendants to pay the agreed upon settlement figure into Court, pending resolution of the Medicare lien issue. Respectfully submitted, ICKLER, LERMAN, SOLYMOS & S By: y?~11 V?`,,?? 6?% ROBERT A. LERMAN, ESQUIRE #07490 F. DEAN MORGAN, ESQUIRE #203088 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way Dated: Novembeg 2009 York, PA 17402 (717) 757-7602 CIPRIANI & WERNER By: ADAM L. SEIFERTH, ES UI #89073 Attorney for Defendant, W rd Square Associates, Inc. 1011 Mumma Road, Suite 201 Dated: November 2Q 2009 Lemoyne, PA 17043 (717) 697-8528 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, VS. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE Counsel for Plaintiff, George W. Gekas, Esquire, advised the office of Robert A. Lerman, defense counsel for Cumberland Valley School District, via telephone on November 23, 2009, that he concurs in the filing of this Petition to Approve and Enforce the Settlement and pay the money into Court. Date: ?1/oVrc-??5? GRIFFITH, SOU BY [CKLER, LERMAN, S & CALKINS Mobert A. Lerman Supreme Court ID No. 07490 Attorney for Defendant 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 EXHIBIT A JAN 29 2008 ¢?`6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON Plaintiff V. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT; DR. B. JEAN WALKER, SUPERINTENDENT OF CUMBERLAND VALLEY SCHOOL DISTRICT; AND WATERFORD SQUARE ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of 2008, upon consideration of the herein Petition for the Appointment of Guardian Ad Litem, it is hereby ordered and decreed that Sandra K. Morris, daughter of Margaret E. Matson, shall be and is appointed Guardian Ad Litem to act for the said Margaret E. Matson in the pursuit of the instant case above captioned. By the Court, Kevin A. Hess, Judge the EXHIBIT B LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infoOaslsc.com WEBSITE: aslsc.com Robert A. Lerman's EMAIL: rlerman0aslsc.com ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR, II ROBERT H. GRIFFITH MICHAEL P. BIANCHINI OF COUNSEL *Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars November 3, 2008 (Dictated October 31, 2008) VIA FACSIMILE AND U.S. MAIL George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 RE: Margaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: I understand you called my office on October 29, 2008, and left a voicemail message which my secretary retrieved inasmuch as I have been out of the office most of this week on business. I understand that you advised that your clients have accepted the global settlement offer of Defendants of $10,000. This will confirm receipt of your voicemail message in this regard and if this is not correct, please notify me within five days from the date of this letter. I understand that you also indicated that you are working on the issue of the Medicare lien and that you will be in touch with me to discuss this matter further. Obviously, with your clients' acceptance of our global settlement of $10,000, we have a settlement of this matter. However, satisfactory resolution of the Medicare lien issue is required and I look forward to discussing same with you further in the near future. Additionally, as I am sure you are aware, Pa. R.C.P. Rule 2064 requires that the settlement be Court approved due to Ms. Matson's incapacity. Accordingly, once the issue of the Medicare lien has been addressed and resolved, I will require that you provide me with a copy of your proposed Petition for Court Approval of the settlement for approval. Obviously, once the George W. Gekas, Esquire November 3, 2008 Page Two settlement has been Court approved and a release executed, we will require that you mark the docket of the case discontinued and ended with prejudice. Very truly yours, AIIIADD ROBERT A. LERMAN klr/cumberland-ltr cc: Adam L. Seiferth, Esquire EXHIBIT C LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERTA. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ^ MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info aslsc.com WEBSITE: oslsc.com Robert A. Lerman's EMAIL: rlermariftslsc.com 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars November 11, 2008 (Dictated November 7, 2008) VIA FACSIMILE AND U.S. MAIL George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR, II OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI RE: Margaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: This will confirm our telephone conversation of November 7, 2008 regarding the above- captioned matter wherein I indicated to you that the global settlement offer of $10,000.00 (which your client has accepted) is contingent upon you providing me with a written waiver of Medicare's lien or a letter from Medicare stating the compromised lien figure it will accept to resolve this case and contingent upon payment of any Medicare lien by your client out of the proceeds of this settlement. This will confirm that you indicated you understood this contingency and that you are in the process of communicating with Medicare in this regard. Very truly yours, ?o ROBERT A. LERMAN jml/cumberland-ltr cc: Adam L. Seiferth, Esquire LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info[aslsc.com WEBSITE: aslsc.com Robert A. Lerman's EMAIL: rlerman0aslsc.com 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars January 14, 2009 (Dictated January 9, 2009) George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR, II OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI RE: Margaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: I write in follow up to my letter to you of November 11, 2008 and wonder whether you have had any success in obtaining either a written waiver of Medicare's lien or a letter from Medicare stating the amount of the compromised lien figure it will accept to resolve this case. You may or may not be aware of the recent decision issued by the United State Supreme Court in the case of United States of America v. Paul J. Harris {Esquire}, United States District Court, Northern District of West Virginia, Civil Action No. 5:08 CV 102 wherein the Court ruled that the government has a right of recovery of the Medicare payment against any entity responsible for making the primary payment and to recover the payment, the government may "bring an action against any or all entities that are or were required or responsible... to make payment... In the absence of a waiver, many of the insurers I work with who are responsible for paying settlement funds on behalf of their insureds have in the past been insistent on cutting a separate check to Medicare or Medicaid to be sure that the statutory requirements discussed in the enclosed case have been met. I give you the heads up with respect to this issue now as it may be necessary, depending on the position Medicare takes in this case, that we will require, as a condition of this settlement, that one check be cut directly to Medicare and we will take responsibility for transmitting same. Furthermore, as you may be aware, more stringent rules with respect to the Medicare Secondary Payer Statute (MSPS) are coming in July of 2009. George W. Gekas, Esquire January 14, 2009 Page 2 Very truly yours, /'i``? O D U ROaT . L RMAN jml/cumberland-ltr Enclosure cc(w/encl): Adam L. Seiferth, Esquire LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infobaslsc.com WEBSITE: www.oslsc.com Robert A. Lerman's EMAIL: rlermanCEDasisc.com ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR, II OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI °Also Member MD Bar 'LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars March 9, 2009 (Dictated February 28, 2009) George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 RE: Margaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: I write in follow up to my letters to you of November 11, 2008, and January 14, 2009. Please advise as to the status of your success in obtaining either a written waiver of Medicare's lien or a letter from Medicare stating the compromised lien figure it will accept to resolve this case. We would like to be able to finalize the settlement documents in connection with this case within the next three months, if possible. We would appreciate hearing from you with regard to status. Very truly yours, D ROBERT A. LERMAN klr/cumberland-ltr cc: Adam L. Seiferth, Esquire LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE+ + Board Certified Civil Trial Advocate 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infoOgslsc.com WEBSITE: www.aslsc.com Robert A. Lerman's EMAIL: rlerman[dpaslsc.com ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR II OF COUNSEL MICHAEL P. BIANCHINI 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars July 14, 2009 (Dictated July 7, 2009) George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 RE: Margaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear George: It has been some time since we reached an agreed upon settlement in connection with this case and even before we had agreed upon an actual settlement figure, I had suggested that you contact Medicare to obtain either a waiver of lien letter or a letter quantifying the lien. In March you informed me that you were encountering some difficulty in nailing down the process required to satisfy Medicare. Please advise of the process you are undertaking. While it has been my experience that Medicare is slow to respond to requests of this sort, I have never encountered a situation that has taken the amount of time it has in this case. According to my file, you have been working on the Medicare lien issue for approximately 10 months. Very truly yours, ROBERT A. LERMAN klr/cumberland-ltr cc: Adam L. Seiferth, Esquire LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE+ + Board Certified Civil Trial Advocate 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infotMaslsc.com WEBSITE: www.asisc.com Robert A. Lerman's EMAIL: rlerman(agslsc.oom ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR II OF COUNSEL MICHAEL P. BIANCHINI 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars August 24, 2009 VIA FACSIMILE and U.S. MAIL George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 RE: Margaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear George: I note in reviewing my file that I have had no response from you to my letter of July 14, 2009, and further note that you have indicated to me that you have been "working on" the Medicare lien issue for almost a year. Please provide, by return mail or fax, copies of all documents, letters and/or communications you have transmitted to Medicare in an effort to address the lien issue and provide me with copies of any communications or documents you have received from Medicare in response. Additionally, to the extent you have attempted to communicate verbally with Medicare (which I recall you indicated in months past you had attempted you had done) please provide me with a chronology of those communications as well including identities of individuals with whom you have spoken and their office telephone numbers. I have been instructed to move this case forward to resolution and accordingly, unless the Medicare lien issue is resolved (by either your providing me with a letter stating the dollar amount of the lien to be paid or alternatively, a written waiver of any lien) within 45 days, I will be preparing a Petition to Enforce the Settlement and to pay the agreed upon settlement figure of $10,000 ($7,000 on behalf of my client, Cumberland Valley School District, and $3,000 on behalf of the co-Defendant, Waterford Square Associates, Inc.) into Court. George. W. Gekas, Esquire August 24, 2009 Page 2 Very,.t ly ur ROBERT A. LERMAN klr/cumberland-ltr cc: Adam L. Seiferth, Esquire LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE+ + Board Certified Civil Trial Advocate 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: inforcaaslsc.com WEBSITE: www.oslsc.com Robert A. Lerman's EMAIL: rlermanOmslsacom ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR II OF COUNSEL MICHAEL P. BIANCHINI 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars November 18, 2009 (Dictated November 16, 2009) VIA FACSIMILE AND U.S. MAIL George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 RE: MarEaret E. Matson v. Cumberland Valley School District and Waterford Square Associates, Inc., Cumberland County C.C.P. No. 07-3275 Dear Mr. Gekas: On numerous occasions in the past year, I have requested that you provide me with a letter from Medicare waiving any lien in connection with your client's recovery in this case or alternatively, providing me with written documentation from Medicare outlining the amount of its lien. I have received nothing from you in response. My last correspondence to you dated August 24, 2009, advised you that I had been instructed to move this case forward to resolution and that I intended to file a Petition to Enforce the Settlement and pay the agreed upon settlement figure into Court unless you could provide me with either the waiver or notice of lien letter from Medicare. I indicated to you that I would be filing that Petition within 45 days of that letter unless I heard from you. Additionally, in that letter I requested that you provide me with copies of all documentation be it letters, faxes or other communications which you transmitted to Medicare in an effort to address the lien issue. I received nothing from you in response. George W. Gekas, Esquire November 18, 2009 Page Two Attorney Seiferth and I will be filing a Joint Petition of Defendants, Cumberland Valley School District and Waterford Square Associates, Inc., to Enforce Settlement on November 24, 2009. I am obligated, under the Cumberland County Rules of Civil Procedure, to contact you and ask that you advise whether you concur in the filing of the Petition. I would ask that you respond with your position on or before November 24, 2009. Very truly yours, ROBERT A. LERMAN klr/cumberland-ltr cc: Adam L. Seiferth, Esquire EXHIBIT D 13 CIPRIANI & WERNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ADAM L. SEIFERTH aseiferth@c-wlaw.com 1011 Mumma Road, Suite 201 Lemoyne, Pennsylvania 17043-1145 Telephone (717) 975-9600 Fax: (717) 975-3846 www.C-WLAW.com George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 RE: Margaret E. Matson Associates, Inc. August 25, 2009 Pittsburgh Office: Telephone (412) 563-2500 Philadelphia Office: Telephone (610) 567-0700 Scranton Office: Telephone (570) 347-0600 Marlton Office: Telephone (856) 761-3800 v. Cumberland Valley School District and Waterford Square Claim No: 1016962 Our File No.: 1114-19048H Dear Mr. Gekas: As you know, I represent Waterford Square Associates. I would like to echo the thoughts and requests of Mr. Lerman's recent letter to you. Specifically, please provide, by return mail or fax, copies of all documents, letters and/or communications you have transmitted to Medicare in an effort to address the lien issue and provide me with copies of any communications or documents you have received from Medicare in response. Additionally, to the extent you have attempted to communicate verbally with Medicare please provide me with a chronology of those communications as well including identities of individuals with whom you have spoken and their office telephone numbers. Most importantly, I am in agreement with Mr. Lerman in that, unless the Medicare lien issue is resolved (by either your providing me with a letter stating the dollar amount of the lien to be paid or alternatively, a written waiver of any lien), within 45 days, I will join in a Petition to Enforce the Settlement and will have my client pay its portion of the settlement proceeds ($3,000.00) into Court. Your prompt attention to this matter is appreciated. Very truly yours, Adam L. Seiferth ERA' LERMAN ALS/meh ULAW OFFICES cc: Robert Lerman, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins If IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, VS. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this (? day of November, 2009, I, Robert A. Lerman, a member of the George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 (Counsel for Plaintiff) Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Counsel for Waterford Square Associates, Inc.) GRIFFITH, STICKLER, LERMAN, SOLYMOS & By: ROBERT A. LERMAN, ESQeIRE #07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 klr/cumberland jointpetition firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Joint Petition of Defendants, Cumberland Valley School District and Waterford Square Associates, Inc., to Approve and Enforce Settlement and Pay Money into Court by United States Mail, addressed to the party or attorney of record as follows: Lj?LJ tRL 4 cUi?''. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. RULE TO SHOW CAUSE Civil Action - Law No. 07-3275 JURY TRIAL DEMANDED Upon consideration of the Joint Petition of Defendants, Cumberland Valley School District and Waterford Square Associates, Inc. to Approve and Enforce Settlement and to Pay Money into Court, a Rule is hereby issued directing the Plaintiff to Show Cause why the relief requested by Defendants in their Joint Petition to Approve and Enforce Settlement and Pay Money into Court should not be granted. Zb 06:11 p a4z;?- ?'rtlV?tiC Rule returnable ,` l Zoo` BY THE COURT: J. r T`FILED `' J..:ri0E-l AR ` Y 2009 DEC -2 AM D: 5 .J`T ONY .2 . ?, Nkt G • CTEk?c Margaret E. Matson, Plaintiff vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants Jury Trial Demanded Answer To Rule To Show Cause To the Honorable Kevin A. Hess: The Plaintiff, Margaret E. Matson, by and though her attorney, George W, Gekas, Esq., hereby formally concurs in the relief sought in the joint Petition to Approve and enforce Settlement and Pay Money into Court. Respectfully submitted, George W. Gekas Attorney for Defendant r r I'? r u 2G a9 ?C 23 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Civil Action - Law Plaintiff, VS. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED ORDER in Ck&rnb-ers 6n re," CIr AND NOW, this X/it-day of Yj Q,y?,,QJ , 2010, aaieaFing is scheduled for o2(I 2010, at /6 1OV q m. in Courtroom ?(- on the Joint Petition of Defendants, Cumberland Valley School District and Waterford Square Associates, Inc., to Approve and Enforce Settlement and Pay Money into Court. Counsel for the Plaintiff is directed to provide defense counsel with a copy of Plaintiff's Response to the Joint Petition of Defendants, Cumberland Valley School District and Waterford Square Associates, Inc., to Approve and Enforce Settlement and Pay Money into Court pursuant to this Honorable Court's Rule to Show Cause issued in connection with this matter on December 1, 2009, no less than 10 days before the date of the scheduled hearing BY THE COURT: J. c> o ? ; 72 I _ r MARGARET E. MATSON, Plaintiff VS. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3275 CIVIL JURY TRIAL DEMANDED IN RE: JOINT PETITION OF DEFENDANTS TO APPROVE AND ENFORCE SETTLEMENT AND PAY MONEY INTO COURT ORDER AND NOW, this 5' day of May, 2010, it appearing that there is some confusion as to the date and time of the in Chambers conference, it is ordered and directed that said conference is scheduled for Thursday, May 20, 2010, at 3:00 p.m. in the Chambers of the undersigned. BY THE COURT, George W. Gekas, Esquire For the Plaintiff Robert A. Lerman, Esquire For Defendant Cumberland Valley School District am L. Seiferth, Esquire For Defendant Waterford Square Associates, Inc. :rlm CeDP s/c? j rv r? rY79t LL r N _ 0?1 xo G? GJ )n t OF THE PP-MI ITARY Margaret E. Matson, Civil Action - Law Plaintiff 2010 MAY 14 AM 9: U2 vs. CUML: ..r" + 1JIUTY No. 07-3275 PENNSYLVANIA CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants Jury Trial Demanded Motion for Leave To Concur in Requests Of Joint Petition of Defendants And now comes the Plaintiff, through her counsel, George W. Gekas, and enter the following motion: 1. Requests the Court to allow Plaintiff to concur in the prayers of the Defendants for disposition of their joint Petition, above captioned. 2. The Plaintiff remains satisfied with the amount of the settlement figure and with the proposed deposit of $10,000.00 into the custody of the Court. 3. The Plaintiff is willing to agree to and execute, though her Guardian Al Litem and her attorney, the proposed General Release offered by the defendant. 4. The Plaintiff, through her said representatives, concurs in the provisions of the proposed order offered by the Defendants. Respectfully submitted, George e as Attorney for Plaintiff VERIFICATION I, George W. Gekas, Esq., hereby verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. Date: Distribution: Robert A. Lerman, Esquire For Defendant, Cumberland Valley School District George W. Gekas Adam L. Seiferth, Esquire For Defendant, Waterford Square Associates, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, VS. CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. Civil Action - L#y o C o n [1?{'rt ? ??? No. 07-3275Z C M JURY TRIAL &MAWND4 CERTIFICATE OF SERVICE AND NOW, this :ftday of May, 2010, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLE , MAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the INTERROGATORIES OF DEFENDANT, CUMBERLAND VALLEY SCHOOL DISTRICT, TO PLAINTIFF, SET NO. 2, as by United States Mail, addressed to the party or attorney of record as follows: George W. Gekas, Esquire 4901 Derry Street Harrisburg, PA 17111 (Counsel for Plaintiff) Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 GRIFFITH, By: LERMAN, SOLYMOS & ROBERT A. LERMAN, ESQUIRE #07490 Attorney for Defendant, Cumberland Valley School District 110 South Northern Way York, PA 17402 (717) 757-7602 klr/cumberland-inQ (Counsel for Waterford Square Associates, Inc.) << DEC n ' 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. MATSON, Plaintiff, vs. Civil Action - Law No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants. JURY TRIAL DEMANDED ORDER AND NOW, this /7 day of n ?y 201 a , upon a review and consideration of Joint Petition of Defendants, Cumberland Valley School District and Waterford Square Associates, Inc., to Approve and Enforce Settlement and Pay Money into Court, it is ORDERED that the settlement entered into on or about November 3, 2008, shall be enforced and settlement funds shall be paid into this Court. BY THE COURT: J. C-4511 i'ES rrt--4 I?L n ?__ -} l_J f [1 Ln ..C 7t Margaret E. Matson, Plaintiff 4 MAY 71U?U Civil Action - Law vs. No. 07-3275 CUMBERLAND VALLEY SCHOOL DISTRICT AND WATERFORD SQUARE ASSOCIATES, INC., Defendants Jury Trial Demanded Proposed Order And now, upon consideration of the contents of the instant Motion, the Plaintiff is hereby granted leave to enter into the record her concurrence in the requests provided in Defendants Proposed Order and Proposed General Release. H?091 /.? . 20 d C ? ?s nti?c I N o v o Mr I Z - _ L7 -0 C_ By the Court