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HomeMy WebLinkAbout07-5987McCANN, SCHAIBLE & WALL, LLC BY: BRIAN A. WALL, JR. IDENTIFICATION NUMBER: 52592 SUITE 1110, TWO PENN CENTER PLAZA 15`h ST. & JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19102 (215) 569-8488 Theresa Bottorf and John Daum, w/h 200 Spruce Road Marysville, PA 17053 Plaintiff vs. Mark Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant 425 N Enola Rd Enola, PA 17025 and Kimberly Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a, McDonald's Restaurant 425 N Enola Road Enola, PA 17025 and MKN Restaurants Partnership, d/b/a McDonald's Restaurant 425 N Enola Road Enola, PA 17025 and Golden Arch of Pennsylvania Inc., d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant 425 N Enola Road Enola, PA 17025 and McDonald's Restaurant 425 N Enola Road Enola, PA 17025 MAJOR JURY CASE ASSESSMENT OF DAMAGES HEARING REQUIRED 12 JURORS REQUESTED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION TERM, 2007 NO. d7 - 5q 87 C iv i l IGI-ri? NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NAME: CUMBERLAND COUNTY BAR ASSOCIATION ADDRESS: 32 S. Bedford Street CITY: Carlisle, PA 19013 TEL. NO.: 1-717-249-3166; 1-800-990-9108 MCCANN, SCHAIBLE & WALL, LLC BY: BRIAN A. WALL, JR. IDENTIFICATION NUMBER: 52592 SUITE 1110, TWO PENN CENTER PLAZA 15`h ST. & JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19102 (215) 569-8488 Theresa Bottorf and John Daum, w/h 200 Spruce Road Marysville, PA 17053 Plaintiff vs. Mark Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant 425 N Enola Rd Enola, PA 17025 and Kimberly Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a, McDonald's Restaurant 425 N Enola Road Enola, PA 17025 and MKN Restaurants Partnership, d/b/a McDonald's Restaurant 425 N Enola Road Enola, PA 17025 and Golden Arch of Pennsylvania Inc., d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant 425 N Enola Road Enola, PA 17025 and McDonald's Restaurant 425 N Enola Road Enola, PA 17025 MAJOR JURY CASE ASSESSMENT OF DAMAGES HEARING REQUIRED 12 JURORS REQUESTED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION TERM, 2007 NO. 0 y- J9,? 7 &i,,? `r.- -. CIVIL ACTION COMPLAINT Plaintiffs, Theresa Bottorf and John Daum, by and through their attorneys, McCANN, SCHAIBLE & WALL, LLC, hereby set forth this Civil Action Complaint and avers as follows: GENERAL AVERMENTS Plaintiffs, Theresa Bottorf and John Daum, are adult individuals who reside at the above-captioned address. 2. Defendants, Mark and Kimberly Nelson, are adult individuals. At all material times, Mark and Kimberly Nelson were the owners and operators of a restaurant business operating under the fictitious name MKN Restaurants Partnership, doing business as a McDonald's Restaurant located at 425 North Enola Road, Enola, PA 17025. 3. Defendant, MKN Restaurants Partnership, is a Pennsylvania business entity which at all relevant times owned and operated a restaurant business as a McDonald's Restaurant located at 425 North Enola Road, Enola, PA 17025. 4. Defendant, Golden Arch of Pennsylvania, Inc. individually and d/b/a MKN Restaurants Partnership is a Pennsylvania corporation which at all times owned and operated a restaurant business as a McDonald's Restaurant located at 425 North Enola Road, Enola, PA 17025. Defendant, McDonald's Restaurant, is a business entity which at all relevant times, owned and operated a restaurant located at 425 North Enola Road, Enola, PA 17025. 6. At all times relevant hereto, Defendants acted and/or failed to act by and through their agents, servants, workpersons and/or employees, and each other, within the course and scope of their employment. 7. On or about December 16, 2005 at or about 8:30 p.m., plaintiff, Theresa Bottorf, was lawfully and properly exiting the McDonald's Restaurant located at 425 North Enola Road, Enola, PA, when she was caused to slip, trip, stumble and/or fall by reason of coming in contact with an unreasonable accumulation of ice on the handicap ramp which obstructed plaintiff's ability to travel and created a dangerous condition, which defendants knew or had reason to know existed and/or was created, and the dangerous condition existed for some time, which caused plaintiff serious, severe and potentially permanent injuries hereinafter more fully set forth. 8. At all times relevant hereto, plaintiff, Theresa Bottorf, acted in a careful, cautious, reasonable and prudent manner and was free from any comparative negligence. 9. At all times relevant hereto, plaintiff, Theresa Bottorf, did not in any manner assume the risk of injury and/or accident. 10. The aforementioned accident and resulting injuries and/or damages were due in no part whatsoever to any act or failure on the part of plaintiff, Theresa Bottorf. COUNTI THERESA BOTTORF v. DEFENDANTS NEGLIGENCE 11. The previous paragraphs are incorporated herein by reference. 12. The aforementioned incident, and the resulting injuries and/or damages sustained by plaintiff, directly and proximately resulted from the negligence, carelessness, recklessness and/or unlawfulness of defendants, which conduct consisted of, but not limited to, the following: a. Failing to properly and adequately maintain the handicap ramp in a reasonably safe condition, so that pedestrians will not be unnecessarily or unreasonably exposed to danger; b. Failing to properly and adequately maintain and clear the premises, including but not limited to the handicap ramp so as to prevent the hazardous and dangerous condition in, on and about said premises; C. Failing to warn persons lawfully upon the premises of said dangerous and hazardous condition of the handicap ramp; d. Failing to implement some remedial measures, such as placing warnings, barricades and/or cones, when they knew, and should have known for some time, of the dangerous and hazardous condition of the premises, including but not limited to the handicap ramp; e. Causing and/or permitting a dangerous and hazardous condition to exist which the defendants knew or should have known caused an unreasonable risk of harm to plaintiff and others; f. Failing to salt or cinder or otherwise treat areas prone to snow/ice melt runoff and refreezing; g. Failing to properly perform its statutory, common law and ordinance duties; h. Failing to properly inspect said premises; Creating and permitting a foreseeable risk of harm to pedestrians and business invitees such as plaintiff, Failing to make said premises reasonably safe; k. Failing to properly comply with City, County, State, Federal and/or industry codes; Otherwise defendants were negligent, careless, reckless and/or unlawful under the circumstances in the hiring, employing and/or promoting the various agents, servants, workmen and/or employees who were responsible and obligated to properly inspect, maintain, clean and/or repair the area of the aforementioned accident, including but not limited to the handicap ramp; 13. By reason of all the foregoing, plaintiff, Theresa Bottorf, suffered severe and potentially permanent injuries including, but not limited to left arm and shoulder injuries necessitating arthroscopic surgery; post-traumatic anxiety and shock, together with various other injuries, the exact extent of which are unknown at this time, but which may be and probably are of a permanent nature with disabilities and loss of function. 14. As a direct and proximate result of the negligence, carelessness and recklessness of the defendants, plaintiff has in the past, and may, in the future, suffer an inability to perform her usual and daily duties, labors and avocations and has suffered wage loss. 15. As a direct and proximate result of the negligence, carelessness and recklessness of the defendants, plaintiff has in the past, and may, in the future, be required to expend various and diverse sums of money in an effort to cure herself of the aforementioned ills. WHEREFORE, plaintiff demands judgment jointly and/or severally against the defendants, in an amount in excess of the arbitration limits. COUNT II JOHN DAUM v. DEFENDANTS LOSS OF CONSORTIUM 16. The previous paragraphs are incorporated herein by reference. 17. As a result of the injuries sustained by Theresa Bottorf, wife-plaintiff as aforesaid, John Daum, husband-plaintiff, has been deprived of the society, companionship and consortium of his wife herein named, and he will be deprived of the same for an indefinite time in the future, to his great detriment and loss. WHEREFORE, plaintiff demands judgment jointly and/or severally against the defendants, in an amount in excess of the arbitration limits. McCANN, SCHAIBLE & WALL, LLC BY: VERIFICATION I, Theresa Bottorf, plaintiff in connection with the above-captioned matter, verifies that she is authorized to take this Verification and that the statements made in the Civil Action Complaint are true and correct to the best of her knowledge, information and belief; and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 9_°2, 9 o VERIFICATION I, John Daum, plaintiff in connection with the above-captioned matter, verifies that he is authorized to take this Verification and that the statements made in the Civil Action Complaint are true and correct to the best of his knowledge, information and belief; and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 9- ko ^® I Zo ? ? fMM? o0 ..dr W tr My w r r? ul,j 9 r r LA W OFFICES OF RALPH F. TOUCH By: Raymond A. Swan, Esquire Attorney for Defendants Attorney I.D. No. 42169 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610 320-4613, Fax 610-320-4767 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Theresa Bottorf and John Daum, w/h, ) CIVIL DIVISION Plaintiffs ) NO. 07-5987 V. Mark Nelson, individually and d/b/a MKN Restaurants Partnership, d/b/a McDonald's Restaurant And Kimberly Nelson, individually and d/b/a MKN Restaurants Partnership, d/b/a And MKN Restaurants Partnership, d/b/a MdDonald's Restaurant And Golden Arch of Pennsylvania, Inc., d/b/a MKN Restaurants Partnership, d/b/a McDonald's Restaurant And McDonald's Restaurant Defendants NOTICE TO PLEAD To Plaintiffs: You are hereby notified to file a written 7heof se to the enclosed New Matter twenty (20) days from *vice or a judgm,9pt 9r+ be tered against for LA W OFFICES OF RALPH F. TOUCH By: Raymond A. Swan, Esquire Attorney for Defendants Attorney I.D. No. 42169 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610 320-4613, Fax 610-320-4767 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Theresa Bottorf and John Daum, w/h, Plaintiffs CIVIL DIVISION NO. 07-5987 V. Mark Nelson, individually and d/b/a MKN Restaurants Partnership, d/b/a McDonald's Restaurant And Kimberly Nelson, individually and d/b/a MKN Restaurants Partnership, d/b/a And MKN Restaurants Partnership, d/b/a MdDonald's Restaurant And Golden Arch of Pennsylvania, Inc., d/b/a MKN Restaurants Partnership, d/b/a McDonald's Restaurant And McDonald's Restaurant Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendants, Mark Nelson, individually and d/b/a MKN Restaurants Partnership, d/b/a McDonald's Restaurant and Kimberly Nelson, individually and d/b/a MKN Restaurants Partnership, d/b/a and MKN Restaurants Partnership, d/b/a MdDonald's Restaurant and Golden Arch of Pennsylvania, Inc., d/b/a MKN Restaurants Partnership, d/b/a McDonald's Restaurant and McDonald's Restaurant, by and through their attorney, Raymond A. Swan, Esquire and the Law Offices of Ralph F. Touch, and answers the Plaintiffs' Complaint as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 5. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 6. Admitted. 7. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 8. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 9. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 10. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. COUNTI 11. Answering Defendant hereby incorporates by reference prior paragraphs 1 through 10 above as though more fully set forth hereinafter. 12. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 13. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 14. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 15. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment be entered in their favor and against Plaintiff, and thus prays that Plaintiff's Complaint be dismissed with prejudice. COUNT II 16. Answering Defendant hereby incorporates by reference prior paragraphs 1 through 15 above as though more fully set forth hereinafter. 17. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment be entered in their favor and against Plaintiff, and thus prays that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 18. The accident in question was caused by Plaintiffs own negligence and carelessness. Plaintiffs cause of action is therefore barred or limited by the terms and provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Sec. 7102. 19. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 20. Plaintiffs cause of action is barred by operation of the doctrine of assumption of the risk. 21. Answering Defendants were not negligent. 22. Any acts or omissions of Answering Defendants allege to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by Plaintiffs. 23. The incident and/or damages described in Plaintiffs' Complaint were caused, or contributed to by, the Plaintiffs. 24. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by the Answering Defendants. 25. Plaintiffs have failed to properly mitigate their damages. W OFFICES OF RAIAR F. TOUCH no d . Swan, Esqi A rn '?'l f r Defendants 107300102 VERIFICATION I, Mark & Kimberly Nelson, hereby verify that the statements made in the foregoing DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT are true and correct to the best of my personal knowledge or information and belief. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge and 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 verification is made upon the advice of counsel, upon whom I have relied in the filing of this document. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relative to unsworn falsifications to authorities. / A?-Ie- -2 Dated: CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class mail, postage prepaid: Brian A. Wall, Jr., Esquire McCann, Schaible & Wall, LLC Suite 1110, Two Penn Center Plaza 15th St., & John F. Kennedy Blvd. Philadelphia, PA 19102 Attorney for Plaintiffs Dated: 107300102/Swan c:zl C TI ?M 4 - - 44. McCANN SCHAIBLE & WALL, LLC BY: BRIAN A. WALL, JR. Identification Number: 52592 Two Penn Center Plaza. 1500 John F. Kennedy Boulevard Suite 1110 Philadelphia, PA 19102 (215) 569-8488 (215) 569-8288 (fax) Attorney for Plaintiff(s) Theresa Bottorf and John Daum, w/h vs. Mark Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant and Kimberly Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a, McDonald's Restaurant and MKN Restaurants Partnership, d/b/a McDonald's Restaurant and Golden Arch of Pennsylvania Inc., d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant and McDonald's Restaurant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION NO. 07-5987 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS 18.-25. Denied. These paragraphs contain legal conclusions which are denied and fact allegations which are denied and at issue. Strict proof of defendants' averments, if material, is demanded at trial. McCANN, SCHAIBLEA WALL, LLC BY: (Wall, Jr. for Plaintiff i_ 4 McCANN SCHAIBLE & WALL, LLC BY: BRIAN A. WALL, JR. Identification Number: 52592 Two Penn Center Plaza 1500 John F. Kennedy Boulevard, Suite 1110 Philadelphia, PA 19102 (215) 569-8488; (215) 569-8288 (fax) Theresa Bottorf and John Daum, w/h vs. Mark Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant, et al Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION NO. 07-5987 CERTIFICATE OF SERVICE I, Brian A. Wall, Jr, attorney for plaintiffs, do hereby certify that a true and correct copy of the within Reply to New Matter of Defendant was served by first class mail, postage prepaid on December 4, 2007 addressed as follows: Raymond A. Swan, Esq. 401 Penn Street, Suite 100 Reading, PA 19601 McCANN, SCHAIBLE & WALL, LLC BY: Bran A. 11, Jr. Counsel Plaintiff .. VERIFICATION Brian A. Wall, Jr., Esquire, attorney for plaintiff in connection with the above-captioned matter verifies that the statements made in the Reply to New Matter of Defendants are true and correct to the best of his knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Brian A. Wall, Jr., ire 7.7 yt F(I CC) SHERIFF'S RETURN - REGULAR CASE NO: 2007-05987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOTTORF THERESA ET AL VS NELSON MARK ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NELSON MARK the DEFENDANT , at 1111:00 HOURS, on the 18th day of October , 2007 at 425 N ENOLA ROAD ENOLA, PA 17025 CHRIS BRONSON by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 it/p?1(?? 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/19/2007 MCCANN SCHAIBLE & WALL By: C;?uty Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOTTORF THERESA ET AL VS NELSON MARK ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NELSON MARK DBA MKN REST PARTN DBA MCDONALDS RESTARUANT the DEFENDANT , at 1111:00 HOURS, on the 18th day of October , 2007 at 425 N ENOLA ROAD ENOLA, PA 17025 by handing to CHRIS BRONSON, GENERAL MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 11?(?ilG? < 16.00 10/19/2007 MCCANN SCHAIBLE & WALL Sworn and Subscibed to By: ` before me this day p ty Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOTTORF THERESA ET AL VS NELSON MARK ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE NELSON KIMBERLY was served upon the DEFENDANT , at 1111:00 HOURS, on the 18th day of October , 2007 at 425 N ENOLA ROAD ENOLA, PA 17025 by handing to CHRIS BRONSON, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE 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 ii????OrL?J 16.00 Sworn and Subscibed to before me this day of IF So Answers: R. Thomas Kline Ji 10/19/2007 MCCANN SCHAIBLE & WALL By: r/ty Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOTTORF THERESA ET AL VS NELSON MARK ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NELSON KIMBERLY DBA MKN REST PARTNERSHIP DBA MCDONALDS REST the DEFENDANT , at 1111:00 HOURS, on the 18th day of October , 2007 at 425 N ENOLA ROAD ENOLA, PA 17025 by handing to CHRIS BRONSON, GENERAL MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE 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 11?011D?.. 16.00 Sworn and Subscibed to before me this day of , So Answers: n R. Thomas Kline 10/19/2007 MCCANN SCHAIBLE & WALL By: D uty Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOTTORF THERESA ET AL VS NELSON MARK ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MKN RESTAURANTS PARTNERSHIP DBA MCDONALDS RESTAURANT the DEFENDANT , at 1111:00 HOURS, on the 18th day of October , 2007 at 425 N ENOLA ROAD ENOLA, PA 17025 by handing to CHRIS BRONSON, GENERAL MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 1110101 ?" So Answers: 6.00 ?%- s .00 .00 10.00 R. Thomas Kline .00 ?/ 16.00 10/19/2007 MCCANN SCHAIBLE & WALL Sworn and Subscibed to before me this By: day of A. D. De Sheriff SHERIFF'S RETURN - REGULAR • CASE NO: 2007-05987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOTTORF THERESA ET AL VS NELSON MARK ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOLDEN ARCH OF PENNA INC DBA MKN REST PART DBA MCDONALDS RE the DEFENDANT , at 1111:00 HOURS, on the 18th day of October , 2007 at 425 N ENOLA ROAD ENOLA, PA 17025 by handing to CHRIS BRONSON, GENERAL MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge It I??1©z Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 10/19/2007 MCCANN SCHAIBLE & WALL By : day Dep y Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOTTORF THERESA ET AL VS NELSON MARK ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCDONALDS RESTAURANT the DEFENDANT , at 1111:00 HOURS, on the 18th day of October , 2007 at 425 N ENOLA ROAD ENOLA, PA 17025 by handing to CHRIS BRONSON, GENERAL MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 111011 ca 0'- So Answers: 6.00 .00 u 10.00 R. Thomas Kline .00 X16.00 10/19/2007 MCCANN SCHAI13LE & WALL Sworn and Subscibed to before me this By: day of A.D De y Sheriff IN THE MATTER OF: BOTTORF CERTIFICATE ' _?'r1, f A + ??`/?/?1/• PREREQUISITE TO SERVICE OF A SUBPOENA 4.0 PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- MARK & KIMBERLY NELSON TERM, CUMBERLAND CASE NO: 07-5987 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RAYMOND SWAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/09/2008 RS on behalf of RA OND SWAN, ESQ. A orney for DEFENDANT R1.51 133-H DE11 63637-LO1 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BOTTORF -VS- MARK & KIMBERLY NELSON COURT OF COMMON PLEAS TERM, CASE NO: 07-5987 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROAD STREET FAMILY HEALTH CTR HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA THE HETRICK CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: BRIAN A. WALL, JR. ESQ., PLAINTIFF COUNSEL MCS on behalf of RAYMOND SWAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/20/2007 MCS on behalf of RAYMOND SWAN, ESQ. Attorney for DEFENDANT CC: RAYMOND SWAN, ESQ. - 107300102 ESTHER ESCAMILLA-MURILLO - 20E17369 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382613 63637-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOTTORF VS. MARK & KIMBERLY NELSON File No. 07-5987 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BROAD STREET FAMILY HEALTH CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc.. 1601 Market Street, Suite unn P1„ lade hi PA 19103 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: RAYMOND SWAN. ESO. ADDRESS: 401 PENN STREET SUITE 100 READING, PA 19601 TELEPHONE: (21_5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 092008?f Date: &"? / 4 o-Wei 7 Seal of the Court BY THE CO Prothonot /Clerk, Ci ' si Deputy 63637-01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BOTTORF vr,?NAi COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- MARK & KIMBERLY NELSON CASE NO: 07-5987 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RAYMOND SWAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/09/2008 / S on beh f /J RA OND SWAN, EVS)Q. torney for DEFENDANT R1.51 133-H DE11 63637-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOTTORF vs. File No. 07-5987 MARK & KIMBERLY NELSON 11 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Gmo. Inc., 1601 Market Street Suite 800. Philadelphia. PA 19103 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: RAYMOND SWAN. ES ADDRESS: 401 PENN STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO Prothono /Clerk, Civil i JAN 0 9 2008 Deputy Date: "67 Seal of the Court 63637-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 63637 THERESA BOTTORF Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: from: 11-06-1958 to the present. Subject : THERESA BOTTORF 200 SPRUCE STREET, MARYSVILLE, PA 17053 Social Security #: 211-50-6407 Date of Birth: 11-06-1958 R1.49S 133-H SU10-0715842 63637-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BOTTORF C7rr-v NA4 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- MARK & KIMBERLY NELSON CASE NO: 07-5987 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RAYMOND SWAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/09/2008 'S on behalf/of RA ND SWAN, ESQ. / At orney for DEFENDANT R1.51 133-H DE11 63637-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOTTORF vs. MARK & KIMBERLY NELSON File No. 07-5987 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 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: RAYMOND SWAN. ES ADDRESS: 401 PENN STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURFy K-?' Prothono /Clerk, Civil i JAN 0 9 2008 Date: /y"- .0-6'v Deputy Seal of the Court 63637-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL BILLING DEPT. 503 N. 21ST STREET CAMPHILL, PA 17011 RE: 63637 THERESA BOTTORF Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 11-06-1958 to the present. Subject : THERESA BOTTORF 200 SPRUCE STREET, MARYSVILLE, PA 17053 Social Security #: 211-50-6407 Date of Birth: 11-06-1958 R1.49S 133-H SU10-0715844 63637-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BOTTORF Awl airiNA? COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- MARK & KIMBERLY NELSON CASE NO: 07-5987 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RAYMOND SWAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, .- (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/09/2008 ai b ehalf ofd/?x D SWAN, ESQ. / -?7 At orney for DEFENDANT R1.51 133-H DE11 63637-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BOTTORF -VS- MARK & KIMBERLY NELSON COURT OF COMMON PLEAS TERM, CASE NO: 07-5987 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROAD STREET FAMILY HEALTH CTR HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA THE HETRICK CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: BRIAN A. WALL, JR. ESQ., PLAINTIFF COUNSEL M,CS on behalf of RAYMOND SWAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/20/2007 CC: RAYMOND SWAN, ESQ. - 107300102 ESTHER ESCAMILLA-MURILLO - 20EI7369 MCS on behalf of RAYMOND SWAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382613 63637-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOTTORF vs. MARK & KIMBERLY NELSON File No. 07-5987 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC'S Groun Inc 1601 Market Street. Suite 800, Philadelphia, PA 19103 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: RAYMOND SWAN. ES ADDRESS: 401 PENN STREET TELEPHONE: (mi) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN /0 9 2008 Date: Seal of the Court BY THE CO Prothono /Clerk, Civ*-11 Deputy 63637-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 63637 THERESA BOTTORF Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 11-06-1958 to the present. Subject : THERESA BOTTORF 200 SPRUCE STREET, MARYSVILLE, PA 17053 Social Security #: 211-50-6407 Date of Birth: 11-06-1958 R1.49S 133-H SU10-0715846 63637-LO4 Apow_ f?1NA CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BOTTORF TERM, CUMBERLAND -VS- CASE NO: 07-5987 MARK & KIMBERLY NELSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RAYMOND SWAN, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. S on behal DATE: 01/09/2008 / RA tOD:SWAN, ESQ. / At orney for DEFENDANT R1.51 133-H DE11 63637-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BOTTORF -vs- MARK & KIMBERLY NELSON COURT OF COMMON PLEAS TERM, CASE NO: 07-5987 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROAD STREET FAMILY HEALTH CTR HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA THE HETRICK CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: BRIAN A. WALL, JR. ESQ., PLAINTIFF COUNSEL ICS on behalf of RAYMOND SWAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/20/2007 CC: RAYMOND SWAN, ESQ. - 107300102 ESTHER ESCAMILLA-MURILLO - 20E17369 MCS on behalf of RAYMOND SWAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382613 63637-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOTTORF VS. File No. 07-5987 MARK & KIMBERLY NELSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun, Inc 1601 Market Street Suite 800 Philadelphia. PA 19103 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: RAYMOND SWAN. ES ADDRESS: 401 PENN STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO Prothono /Clerk, Civi si G 7 Deputy JAN 0 9 2008 -&Az? / Date: "'/. J- Seal of the Court 63637-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL PATHOLOGY DEPARTMENT 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 63637 THERESA BOTTORF Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all pathology reports and records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 11-06-1958 to the present. Subject : THERESA BOTTORF 200 SPRUCE STREET, MARYSVILLE, PA 17053 Social Security #: XXX-XX-6407 Date of Birth: 11-06-1958 R1.49S 133-H SU10-0715848 63637-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 A F 10 /N IN THE MATTER OF: COURT OF COMMON PLEAS BOTTORF TERM, CUMBERLAND -VS- CASE NO: 07-5987 MARK & KIMBERLY NELSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RAYMOND SWAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/09/2008 M on behalf o/ ND SWAN, ESQ. Attorney for DEFENDANT I R1.51 133-H DE11 63637-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BOTTORF -VS- MARK & KIMBERLY NELSON COURT OF COMMON PLEAS TERM, CASE NO: 07-5987 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROAD STREET FAMILY HEALTH CTR HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA THE HETRICK CENTER MEDICAL, BILLING, MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL, BILLING, MEDICAL, BILLING, AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) TO: BRIAN A. WALL, JR. ESQ., PLAINTIFF COUNSEL MCS on behalf of RAYMOND SWAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/20/2007 MCS on behalf of RAYMOND SWAN, ESQ. Attorney for DEFENDANT CC: RAYMOND SWAN, ESQ. - 107300102 ESTHER ESCAMILLA-MURILLO - 20E17369 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382613 63637-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOTTORF VS. MARK & KIMBERLY NELSON File No. 07-5987 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA - (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street, Suite 800 Philadelphia PA 19103 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: RAYMOND SWAN. ESO. ADDRESS: 401 PENN STREET SUITE 100 READING. PA 19601 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 0.9 2008 Date: / ) 6,o 7 Seal of the Court BY THE CO Prothono /Clerk, Ci on Deputy 63637-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 63637 THERESA BOTTORF Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ANY AND ALL PATHOLOGY; ALSO ANY AND ALL RECORDS FROM DR. RICHARD BOAL. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care-or treatment pertaining to: Dates Requested: from: 11-06-1958 to the present. Subject : THERESA BOTTORF 200 SPRUCE STREET, MARYSVILLE, PA 17053 Social security #: XXX-XX-6407 Date of Birth: 11-06-1958 R1.49S 133-H SU10-0715850 63637-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BOTTORF 7Ir. /NAs COURT OF COMMON PLEAS TERM, CUMBERLAND -vs- MARK & KIMBERLY NELSON CASE NO: 07-5987 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RAYMOND SWAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/09/2008 S on behalf f 111ND SWAN, ESQ.) At orney for DEFENDANT R1.51 133-H DE11 63637-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BOTTORF -VS- MARK & KIMBERLY NELSON . COURT OF COMMON PLEAS TERM, CASE NO: 07-5987 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROAD STREET FAMILY HEALTH CTR HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA THE HETRICK CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: BRIAN A. WALL, JR. ESQ., PLAINTIFF COUNSEL KCS on behalf of RAYMOND SWAN, ESQ, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/20/2007 CC: RAYMOND SWAN, ESQ. - 107300102 ESTHER ESCAMILLA-MURILLO - 20E17369 MCS on behalf of RAYMOND SWAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382613 63637-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOTTORF VS. MARK & KIMBERLY NELSON File No. 07-5987 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for THE HETRICK CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group. Inc.. 1601 Market Street, Suite 800, Philadelphia- PA 19103 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: RAYMOND SWAN. ESQ. ADDRESS: 401 PENN STREET SUITE 100 READING, PA 19601 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 0 9 2008 Date: ?J ??, o2OG Seal of the Court BY THE C T: Protho /C erk, sion Deputy 63637-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THE HETRICK CENTER 500 NORTH UNION STREET MIDDLETOWN, PA 17057 RE: 63637 THERESA BOTTORF Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ANY AND ALL PATHOLOGY Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 11-06-1958 to the present. Subject : THERESA BOTTORF 200 SPRUCE STREET, MARYSVILLE, PA 17053 Social Security #: XXX-XX-6407 Date of Birth: 11-06-1958 R1.49S 133-H SU10-0715852 63637-LO7 McCANN SCHAIBLE & WALL, LLC BRIAN A. WALL, JR., I.D. # 52592 TODD B. JACOBS, I.D. #206309 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Suite 1110 Philadelphia, PA 19102 (215) 569-8488 (215) 569-8288 (fax) Theresa Bottorf and John Daum, w/h vs. Mark Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant, et. al. Attorneys for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL DIVISION : NO. 07-5987 MOTION TO COMPEL Plaintiffs, Theresa Bottorf and John Daum, by their undersigned counsel, hereby move the Court to enter an Order pursuant to Pa.R.C.P. 4019 compelling defendant to answer certain discovery propounded to Defendants by Plaintiffs in this matter: In support of this Motion, Plaintiff avers as follows: 1. The instant Civil Action was commenced by the filing of a Complaint on October 11, 2007. 2. There have not been previous motions ruled upon in this matter. 3. On October 30, 2007, plaintiff served Interrogatories and a Request for Production of Documents upon counsel for defendant via first class mail. 4. Pursuant to Pa.R.C.P. 4006(a)(2), defendants' answers and objections, if any, to said Interrogatories and Request for Production of Documents were due on or before November 30, 2007. 5. On February 19, 2008, counsel for plaintiff sent a letter to counsel for defendant notifying him that defendant's responses to plaintiff's discovery were overdue. No response was ever received. 6. Although a period of approximately 100 days have now elapsed since said Discovery Requests were served upon counsel for defendants, no response of any kind thereto has been received to date. 7. Pursuant to local rule 208.3(a)(9), on March 17, 2008, Plaintiff s counsel sought Defense counsel's position regarding this motion. As of March 19, 2008, the phone call was not returned. 8. Plaintiffs require an Order of this Court pursuant to Pa.R.C.P. 4019(a)(1)(i) compelling defendants to answer said discovery. WHEREFORE, plaintiffs respectfully request the Court to enter an Order compelling defendants to file full and complete answers to plaintiffs Interrogatories and Request for Production of Documents to Defendants or suffer appropriate sanctions to be imposed upon application to the Court. McCANN, SCHAIBLE & WALL, LLC BY: Brian A. Wall, r. Todd B. Jaco s Counsel for lain McCANN SCHAIBLE & WALL, LLC BRIAN A. WALL, JR., I.D. # 52592 TODD B. JACOBS, I.D. #206309 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Suite 1110 Attorneys for Plaintiff(s) Philadelphia, PA 19102 (215) 569-8488 (215) 569-8288 (fax) Theresa Bottorf and John Daum, w/h vs. Mark Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a McDonald's Restaurant, et. al. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL DIVISION : NO. 07-5987 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' In an effort to prepare this matter for trial, by letter dated October 30, 2007, counsel for plaintiffs forwarded to counsel for defendants Interrogatories and a Request for Production of Documents. By letter dated February 19, 2008, counsel for plaintiff asked counsel for defendants to provide defendants' responses to Interrogatories and Request for Production of Documents within twenty (20) days of that letter. Counsel for defendants did not respond to said letter. Under the Pennsylvania Rules of Civil Procedure: Rule 4005 reads, in relevant part, as follows: a. Subject to the limitations provided by Rule 4011, any party may serve on any other party, the original and two copies of written Interrogatories to be answered by the party served... Rule 4006 provides, in relevant part, as follows: (a) (1)Answer to Interrogatories shall be in writing and under oath.... (b) Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer.... The answering parry shall serve a copy of the answers, and objections, if any, within 30 days after the service of the Interrogatories... Rule 4009 reads, in relevant part, as follows: (a) Any party may serve on any other party a request (1) To produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents.... (2) The party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request.... To date, defendants have failed to serve a written response to plaintiffs' Interrogatories and Request for Production of Documents. Rule 4019 reads, in relevant part, as follows: (a) (1) The Court may on motion, make an appropriate Order if (i) a party fails to serve answers, sufficient answers or objections to written Interrogatories under Rule 4005;.... (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested;.... The time period in which to respond to plaintiffs' Interrogatories and Request for Production of Documents has expired. Defendants have not answered those discovery requests nor filed a Motion for a Protective Order and the time period in which to respond to those discovery requests have not been enlarged. Further, the Interrogatories and Request for Production of Documents are relevant, material, and necessary and the plaintiffs will be prejudiced if full and complete responses to Interrogatories and Request for Production of Documents are not filed. WHEREFORE, plaintiffs requests this Honorable Court enter an Order compelling defendants to respond and produce the requested documents within thirty (30) days of the entry of the Court's Order, or suffer sanctions upon further application of the Court. McCANN, SCHAIBLE & WALL, LLC BY: Brian A. 1"I, Jr. Todd acobs for Plaintiff CERTIFICATE OF SERVICE I, Todd B. Jacobs, attorney for plaintiffs, do hereby certify that a true and correct copy of the within Motion to Compel Discovery was served by first class mail, postage prepaid on March 19, 2008 addressed as follows: Raymond A. Swan, Esq. Law offices of Ralph Touch 401 Penn Street, Suite 100 Reading, PA 19601 McCANN, SCHAIBLE & WALL, LLC BY: N - C- E E1 ? 71 TI -?-i McCANN SCHAIBLE & WALL, LLC BRIAN A. WALL, JR., I.D. #52592 TODD B. JACOBS, I.D. # 206309 Identification Number: 52592 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Suite 1110 Philadelphia, PA 19102 (215) 569-8488 (215) 569-8288 (fax) Attorneys for Plaintiff(s) ma 2'5 ZIM?/ Theresa Bottorf and John Daum, w/h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. CIVIL DIVISION Mark Nelson, individually and d/b/a, MKN Restaurants Partnership, d/b/a NO. 07-5987 McDonald's Restaurant, et. al. ORDER S1 AND NOW, this -3\?day of MOP& 2008, upon consideration of plaintiffs' Motion to Compel it is hereby ORDERED that said Motion is GRANTED. Defendants shall answer the interrogatories, and respond to the Request for Production within 20 (twenty) days of the date of this Order. This order shall be served upon Attorney, Brian A. Wall, McCann, Schaible & Wall, address listed above and Attorney, Raymond A. Swan, Law Offices of Ralph Touch, 401 Penn Street, Suite 100, Reading, PA 19601. BY THE COURT: BY: ti ) 1-g(' P ?ty 1?w i T57 ? J f PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff Court of Common Pleas V. RHODY K. ROSS Defendant Civil Division CUMBERLAND County No. 07-5978 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 11, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A,5 2. Judgment was entered on December 11, 2007 in the amount of $124,233.80. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:08-02084 on June 11, 2008. The Plaintiff obtained relief from the bankruptcy stay by order of court dated October 15, 2008. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 10, 2009. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 10, 2009 Per Diem $22.40 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $116,807.62 $16,791.75 $116.76 $1,800.00 $1,418.00 $1,107.71 $61.50 $0.00 $0.00 $0.00 ($0.00) $2,927.75 $141,031.09 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 20, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. j Phelan Hallinan & Schmieg, LLP DATE: 1 9 By: cm Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RHODY K. ROSS No. 07-5978 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE RHODY K. ROSS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. M. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third parry real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Z? Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 0 c? z x, ?' trz C O ? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No- 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 163262 SUNTRUST MORTGAGE, INC. 1001 SEM]MES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. RHODY K ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO- p??_ ;A?q8 'jyj ! `rprm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE COPY ATT(l ? PLEA We hereby certify the within to be a true and correct copy of the original filed of record File #: 163262 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT AREDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 163262 - - IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File M 163262 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Fik 4: 163262 1. Plaintiff' is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/15/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,.INC., AS A NOMINEE FOR MEMBERS 1sT FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1983, Page: 998. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor,. the entire principal balance and all interest due thereon are collectible forthwith. File #: 163262 6. The following amounts are due on the mortgage: Principal Balance $116,807.62 Interest $3,651.20 05/01/2007 through 10/10/2007 (Per Diem $22.40) Attorney's Fees $1,250.00 Cumulative Late Charges $116.76 02/1512007 to 10/10/2007 Cost of Suit and Title Search 750.00 Subtotal $122,575.58 Escrow Credit $0.00 Deficit $336.62 Subtotal 336.62 TOTAL $122,912.20 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law: Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #; 163262 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds' $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $122,912.20, together with interest from 10/10/2007 at the rate of $22.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, L By: /s/Francis S. Hall inan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 163262 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland-and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots 4C-2 and 4C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36. minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2'and #C-l;.thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. BEING known and numbered as 639 Cedar Ridge Lane, Mechanicsburg, Pennsylvania 17055 File #: 163262 UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. BEING THE SAME PREMISES which Nancy K. Gouhin, single woman, by Deed dated October 28, 1999 and recorded in Cumberland County, Deed Book 210, Page 806, granted and conveyed unto Jonathan V. Williams, single man, Grantor herein. PARCEL NO: 42-24-0792-009. PROPERTY BEING: 639 CEDAR RIDGE LANE Fite #: 163262 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the-statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief: Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 P&C.S. Sec. 4904 relating to unworn falsifications to authorities. _??/ zkz ?' Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: . 4404 Exhibit "B" PHELAN HALLINAN 8t SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff, V. RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Defendant(s). AajR " Ci PLIASERETbRlY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 CIVIL TERM Rif AWSE 9 Y ?' o d PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TC"= r; ;n„ ANSWER AND ASSESSMENT OF DAMAGES cr ` a m TO THE PROTHONOTARY: ?._ ?. rn Kindly enter an in rem judgment in favor of the Plaintiff and against RHODAL P.&S.9 Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from servI a the"feof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $122,912.20 Interest from 10/11/07 to 12/08/07 $1,321.60 TOTAL $124,233.80 I hereby certify that 0) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. c DANIEL G. SCHMIEG, ESQUIRE A ®(F1LE.C-y Attorney for Plaintiff LEASE REM011 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /a7 Ae MO . PROTHY 163262 A TORWF{LECOPY EASE RE-TuRN Exhibit `IC" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RHODY K ROSS Debtor Bk. No. 1:08-bk-02084 MDF SUNTRUST MORTGAGE, INC. Chapter No. 13 Movant v. 11 U.S.C.§362 RHODY K ROSS Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of SUNTRUST MORTGAGE, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and SUNTRUST MORTGAGE, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. the Court, 71 1 te, - A&VSL Judge (JOK) This document is electronically signed' crud , f led on the same date Dated: October 15, 2008 Case 1:08-bk-02084-MDF Doc 24 Filed 10/15/08 Entered 10/15/0815:35:39 Desc Main Document Page 1 of 1 Exhibit 66D" 3 E°o .Sy v o ti ° Ca E U;,n w £o t l% 3000 az woa 9 U -4 6002 CZbdb Q371dW to o cos t . ?. w 001 t0 $ ZO _ . .f- S?BA3 9 LL N S3 \ , o ?' *? V y?y E C ? 44 had a E v y O o .m 0' w O ' IA L7 UUU ? 3 N L O Ta O O Z ?1 O G . O wvi r? V O O O H O ? W N ? A E r, C/1 v U ? ? ,y o d U ci W a S C 0 0 C7 a C A w e? aW ?? ? a U a ?d b O a v u Q a> y A a ? a> ~a a '? ? O ?, z d N N z U rl a L y `d'i d z Q O cv r, v v, ?o ? o0 0? ° .? d oT o? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: z? By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RHODY K. ROSS No. 07-5978 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 DATE: zo X'f Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff RLED 041: THE Pl:: 2GQ9 APR 29 AM 10': 3 ?r Cl? ; _ !Y 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Theresa Bottorf and John Daum, w/h, CIVIL DIVISION Plaintiffs V. Mark Nelson, individually and d/b/a MKN Restaurants Partnership, d/b/a McDonald's Restaurant And Kimberly Nelson, individually and d/b/a MKN Restaurants Partnership, d/b/a And MKN Restaurants Partnership, d/b/a MdDonald's Restaurant And Golden Arch of Pennsylvania, Inc., d/b/a MKN Restaurants Partnership, d/b/a McDonald's Restaurant And McDonald's Restaurant Defendants NO. 07-5987 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above matter Settled, Discontinued and Ended with all costs paid. MCCANN, SCHAIBLE & WALL, LLC jBrnia?n?. Wall, r., quire for Plain iff FILE?i t OF THE l0??,' OTARY 2409 OCT 28 Phi 2= 51 Cur?4 w?, ?3{Y