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HomeMy WebLinkAbout01-6253IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLATT 15 WEAVER DRIVE MARYSVILLE, PA 17053 Plaintiff WEIS MARKETS, INC. 1000 SOUTH SECOND STREET SUNBURY, PA 17801 Defendant, and CHARLES H. DELONG, JR. RD 1 BOX 233 WINFIELD, PA 17889 Defendant. ,NO. : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS - CIVIL ACTION To the Prothonotary: Kindly issue a Writ of Summons - Civil Action to Weis Markets, Inc. and Charles H. DeLong, Jr. in the above-captioned matter. LATSHA DAVIS & YOHE, P.C. Dated: //'/- O/ Steven M. Montresor Attorney I.D. No. 74244 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, Nicholas J. Rylatt 70568 Commonwealth of Pennsylvania County of Cumberland Nicholas J. Rylatt 15 Weaver Drive Marysville, PA 17053 Plaintiff vs. Weis Markets, Inc. 1000 South Second Street sunbury, PA 17801 Defendant and Charles H. Delong, Jr. RD 1 Box 233 Winfield, PA 17889 Court of Comraon Plea~ 01-6253 Civil 19 .... Civil Action - Law To ___W_e_i_p__M_a__r_k_e_t_s_z__I_n__c_.__a_n__d__C_h_a__r_l_e_s___H_.___Del°ng, Jr. You are hereby notified that ...... ~Lc_h_°~a_ _% 3_'- - _~_~_%~_ _t_t_ ..................................................................... the Plain6ff haS commenced an ac~on in Civil Action - Law ........ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date November 1, 200.1____ 19 .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLATT 15 WEAVER DRIVE MARYSVILLE, PA 17053 Plaintiff WEIS MARKETS, INC. 1000 SOUTH SECOND STREET SUNBURY, PA 17801 Defendant, and CHARLES H. DELONG, JR. RD 1 BOX 233 WINFIELD, PA 17889 Defendant. : ., ._ : CIVIL ACTION - LAW PRAECIPE TO REINSTATE WRIT OF SUMMON,q TO THE PROTHONOTARY: Kindly reinstate the Writ of Summons in the above-captioned matter. Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Dated: // &~'- O/ Steven M. Montresor Attorney I.D. No. 74244 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, Nicholas J. Rylatt 71166 NICHOLAS J. RYLATT, Plaintiff VS. WEIS MARKETS, INC. and CHARLES H. DELONG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6253 CIVIL ACTION - LAW JURYTRIALDEMANDED ENTRY OF APPEARANCE TO THEPROTHONOTARY: Please enter our appearance on behalf of Defendants Weis Markets, Inc. and Chades H. DeLong in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE of the law fim~ of Thomas, Thomas & Haler, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Steven M. Montresor, Esq. Latsha Davis & Yohe, P.C. POB 825 Harrisburg, PA 17108-0825 Coleen M. Polek °~ NICHOLAS J. RYLATT, Plaintiff VS. WEIS MARKETS, INC. and CHARLES H. DELONG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6253 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a rule upon Plaintiff to file a Complaint in the above matter within 20 days after service of the rule or suffer a judgment of non pros. THOMAS, THOMAS & HAFER I.D. No. 70102 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 RULE NOW, 2001, RULE ISSUED AS ABOVF:~ Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLATT : Plaintiff, : : v. : NO.: 2001-6253 : WEIS MARKETS, INC., and : CHARLES H. DELONG, JR. : Defendants. : CIVIL ACTION - LAW 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 i~ 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 69362 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLAI-r : Plaintiff, : : v. : NO.: 2001-6253 : WEIS MARKETS, INC., and : CHARLES H. DELONG, JR. : Defendants. : CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Nicholas J. Rylatt ("Rylatt"), is an adult individual who resides at 15 Weaver Drive, Marysville, Pennsylvania 17053. 2. Defendant, Weis Markets, Inc. ("Weis"), is a Pennsylvania corporation with its home corporate office located at 1000 South Second Street, Sunbury, Pennsylvania 17801. 3. Defendant, Charles H. Delong, Jr. ("Delong'), is an adult individual residing at RD 1 Box 233, Winfield, Pennsylvania 17899. 4. At all times relevant to this action, Defendant Weis employed Defendant Delong as a tractor trailer driver. 5. On or about November 2, 1999, at approximately 12:59 p.m., Rylatt was travelling southbound on Route 11 in East Pennsboro Township. 6. Rylatt brought his vehicle to a complete standstill at a red light in the left-hand lane at the intersection of Routes 11 & 15 and Valley Road. 71821 7. At approximately the same time, a tractor trailer driven by Defendant Delong was travelling northbound in the opposite lane on the other side of the median. 8. Upon information and belief, the tractor trailer driven by Defendant Delong was owned by Defendant Weis. 9. Suddenly and without warning, the tractor trailer driven by Defendant Delong struck another vehicle, "jack-knifed", and began to head toward Rylatt's vehicle. 10. The tractor trailer operated by Defendant Delong impacted Rylatt's vehicle at the joint of the driver's side door and the front fender. 11. The force of the impact pushed Rylatt's vehicle across the lane and into the curb on the right-hand lane. 12. As a direct and proximate result of the acts and/or omissions of the Defendants as more fully set forth below, Rylatt suffered, among other things, a midline fracture to his left clavicle, back strain, hypotension, nausea and vomiting, neck pain, shoulder pain and hip pain. 13. Upon information and belief, as a direct result of the November 2, 1999 incident, which is the subject of this action, Defendant Delong was cited for and pled guilty to careless driving, a violation of 75 Pa.C.S. § 3714. 14. As a result of the aforesaid occurrence, Rylatt suffered great pain, suffering, and loss of life's pleasures, and will continue suffer for an indefinite time in the future, to his great detriment and loss. 2 15. As a further result of the aforesaid occurrence, Rylatt has been obliged to receive and undergo medical attention and care and to incur various expenses, and he may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future. 16. As a further result of the aforesaid occurrence, Rylatt has lost time at work, resulting in, among other things, lost wages, lost vacation time, and of the interest which would have accrued on the contribution to his retirement fund. 17. Rylatt has met the requirements of §1705 of the Motor Vehicle Financial Responsibility Law. COUNT I - NEGLIGENCE Plaintiff Nicholas J. Rylatt v. Defendant Charles H. Delon~, Ir. 18. Plaintiff, Nicholas J. Rylatt, hereby incorporates paragraphs 1 through 17 as if fully set forth here at length. 19. On the date and time aforesaid, Defendant Delong recklessly and negligently operated his motor vehicle so as to strike Rylatt's vehicle. 20. The negligence of Defendant Delong consisted of, but is not limited to, the following: a. failing to have his motor vehicle under proper and adequate control; failing to maintain a proper lookout; failing to bring his motor vehicle to a full and complete stop; 3 d. driving too fast for the road conditions; e. operating his motor vehicle at a high and excessive rate of speed under the circumstances; f. operating his motor vehicle in disregard for the rules of the road and the laws of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles; g. failing to obey a traffic control signal; h. failing to slow his vehicle to a safe and appropriate speed under the circumstances; i. failing to yield to oncoming traffic; j. failing to maintain a safe and appropriate distance from other vehicles; and k. being otherwise careless and negligent under the circumstances. 21. As a direct and foreseeable result of the negligence of Defendant Delong, Rylatt suffered severe personal injuries as more particularly set forth above. WHEREFORE, Plainfi/f, Nicholas J. Rylat~, demands judgment against Defendant, Charles H. Delong, Jr. in an amount not in excess of Twen(~f-Five Thousand Dollars ($25,000). 4 COUNT II - NEGLIGENCE Plaintiff Nicholas T. Rylatt v. Defendant Weis Markets~ Inc. 22. Plaintiff, Nicholas J. Rylatt, hereby incorporates paragraphs 1 through 21 as if fully set forth here at length. 23. Defendant Weis negligently permitted Defendant Delong to have access to and/or drive its vehicle. 24. Defendant Weis was negligent for the following reasons: a. Defendant Weis knew or should have known that the driver of the vehicle was an unsafe driver and likely to operate the vehicle in an unsafe manner; b. Defendant Weis failed to properly control and supervise who operated its motor vehicle; c. Defendant Weis failed to conduct an appropriate background check; d. Defendant Weis permitted unsafe drivers to drive its vehicle; e. Defendant Weis failed to exercise due and proper care under the circumstances; f. Defendant Weis failed to exercise due and proper care in hiring Defendant Delong; g. Defendant Weis was otherwise careless and negligent. 5 25. As a direct and foreseeable result of the negligence of Defendant Weis, Rylatt suffered severe and permanent personal injuries as more particularly set forth above. WHEREFORE, Plaintiff, Nicholas J. Rylatt, demands judgment against Defendant, Weis Markets, Inc., in an amount not in excess of Twenty-Five Thousand Dollars ($25,000). Dated: / - ,,7 ~C ~ By: Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Kimber L. Latsha Attorney I.D. No. 32934 Steven M. Montresor Attorney I.D. No. 74244 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, Nicholas J. Rylatt 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLATT Plaintiff, WEIS MARKETS, INC., and CHARLES H. DELONG, JR. Defendants. NO.: 2001-6253 CIVIL ACTION - LAW VERIFICATION I, Nicholas J. Rylatt, hereby state that I am the Plaintiff in the within action and further verify that the facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief; and acknowledge that the statements in said Pleading are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: /- Nicholas J. Rylatt 71821 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLATT Plaintiff, Ve WEIS MARKETS, INC., and CHARLES H. DELONG, JR. Defendants. NO.: 2001-6253 CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Complaint was served via U.S. Mail, First Class upon the following individuals: Brooks R. Foland, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Date: Steven M. Montresor 71821 IN THE COUI T OF COMMON PLEAS OF CUMBERLAND COUNTY RYLATT Vs. WEIS MARKETS NO. 2001 6253 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 BROOKS R FOLAND, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 01/31/02 BROOKS R FOLA/qD, ESQUIRE 305 N FRONT ST PO BOX 999 H/~RRISBURG, PA 17108 717-237-7141 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 INC · By: Jacql~eline Ciarrocchi File $: M282646 IN THE cOURT (iF COMMON PLEAS OF CUMBERLAND COUNTY RYLATT VS. WEIS MARKETS No. 2001 6253 TO: STEPHEN MoNTRESSOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 01/10/02 BROOKS R FOLAND, ESQUIRE 305 N FRONT ST PO BOX 999 HARRISBURG, PA 17108 ATTORlgEY FOR DEFENDANT INQUIRIES SHOULD BE ADDP. ESSED TO: MEDICAL LEHALREPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, FA 19135 {215) 335-4907 By: J&cqueline Ciarrocchi Enc(s): Copy of subpoena(s~ Counsel return cara File #: M282646 c0~TH OF pI~SYLVANIA RYLATT ' Vs. : Fi le No. WEIS MARKETS : 2001 6253 SUBPOENA TO PRODUCE DODJMENTS OR TH I NGS FOR DISCOVERY PURSUANT TO_.RULE 4009.22 TO: STATE FARM INS, 115 LIKEKILN RD BOX 237, NEW CUMBEPJ~ PA 17070. (Name of P~S~ ~ Entity) w~th~n tw~ty (20) days aft~ s~v~ce of th~s sub~ena, y~ ~e ~d~ed by the c~pt to produce the following doc~nent.~ o~ thing.s:_ ~ EE A'Fi AUt D Ainu u v: at MEDICAL LEGAL REPRODUCTIONS~A~s~940 DISSTON ST., PEILA., PA You may deliver or mail legible copies of the ~ts or' produce things requested this subpoena, together with the certificate of compliance, to the party making thiz request at the address listed 'above. You have the right to seek in advance the reasonabl~ cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twent,~ (20) days after its service, the party serving thin subpoena may seek a court orde.' Drivelling you to ccmply with it. THIS SUBFOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: RROOKS R FOLAND, ESQ 305 I~ ....... TELEPHONE: SUPREME CC~JRT ID # HARRISBURG, PA 17108 215-335-3212 A.'rroRNEY FOR: M282646-01 01// /02 DATE: DEFENDANT ~eal of the Court BY THE COURT: Prothonotary~dl~k, Civil Division (Eff. 7/97) ADDENDUM TO SUBPOENA RYLATT VS. WEIS MARKETS No. 2001 6253 CUSTODIAN OF RECORDS FOR: STATE FARM INS ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: NICHOLAS RYLATT ADDRESS: 15 WEAVER DR MARYSVILLE DATE 0F BIRTH: 01/25/59 SSAN: 177487101 PA ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN [ ] [ ] RECORDS AREATTACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge~ information and . ~ belief all documents or things above mentioned have been proou~ea. NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M282646-01 Authorized signature for STATE FARM INS *** SIGN AND RETURN THIS PAGE *** 00~TH OF p~%~SYLVANIA RYLATT : : Vs. : Fi le No. : WEIS MARKETS : 2001 6253 TO: SUBPOENA TO PRCOUCE ICX3OJHENTS OR THINGS FOR DISO3VERY pURSUANT TO RULE 4009.22 EAST PENNSBORO AMB~CE, 750 S HUMMER ST BOX 47, ATTN: CUSTODIAN OF P~ECORDS ENOLA PA 17025 (Name of Perso~ or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo1 lowing doc~ment.~ o~t~n~~D~,~7,[ at --MEDICAL LEGAL REPRODUCTIONS,(A~sst940 DISSTON ST., PHILA., PA You may deliver or mail legible co~ies of the ~ts or produce things requested bl this subpoena, together with the certificate of ccmpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea~onabl~ 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 thi~ subpoena may seek a court orde~' ~,~elling you to ~u,~ly with it, THIS SUBPOENA WAS ISSUED AT THE RE(;~JEST O~ Ti~ FO..LOAfING PERSON: NAFE: BROOKS R FOI.~l~lD, ESQ TELEPHONE: SUPRE~V~ ODURT ID # ATtoRNEY FOR: ............ '~ 17108 215-335- 321~- DEFENDANT M282646-02 o1//Wo2 DATE: Seal of the Court BY TI~ COURT: Prothonotery/¢'l~m~k, Civi 1 Division ~ / D~ty (Eff. 7/97) ADDENDUM TO SUBPOENA RYLATT Vs. WEIS MARKETS NO. 2001 6253 CUSTODIAN OF RECORDS FOR: EAST PENNSBORO AMBULANCE ANY AND ALL RECORDS FOR SERVICE ON 11/2/99. PERTAINING TO: DATE NAME: NICHOLAS RYLATT ADDRESS: 15 WEAVER DR MARYSVILLE PA OF BIRTH: 01/25/59 SSAN: 177487101 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge{ information and belief all documents or things above mentioned have been produced. [ ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M282646-02 Authorized signature for EAST PEATNSBOROAMBULANCE *** SIGN AND RETURN THIS PAGE *** ~TH OF p52~NSYLVANIA RYLATT : VS. : Fi le No. : WEIS MARKETS 2001 6253 TO: SUBPOENA TO PRODUCE DOCENTS OR ~HII~ FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 ATTN: MEDICAL RECORDS DEPT (Name of Person o~ Entity) Within twenty (20) days after service of this subpoena, yo~ are o~dered by the court to pr~uce the foli~i~ ~t~ ~n~----~.~ at You n~y deliver or mail legible co~ies of the ~ts or p~oduce things requested this subpoena, togethe~ with the certificate of cc~liance, to the party making thi~ request at the address listed above. You have the right to seek in advance the rea~onabl~ cost of preparing the copies or producing the things sought. If you fail to produce the doctrnents or things required by this subpoena within twenty (20) days after its service, the perty serving 'thi-~ subpoena may seek a court o.~,~elling you to c~,~ly with it. THIS SUBPOENAWAS IS~EDATTHERE(~UESTO(=THE FOi_LOWlNGPER~: NAME: BROOKS R FO~, ESQ ADORESS: ~05 N FRONT ST TELEPHONE: ~UPREltE COURT ID # AI-~ORNEY FOR: 215-33b-3212 DEFENDANT M282646-03 DATE: 01/ ?/02 Seal of the Court BY ThE COURT: Prothonotary/dVerk, Civil Oivisio~ (Eff. 7/97) RYLATT VS. WEIS MARKETS ADDENDUM TO SUBPOENA No. 2001 6253 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray r~ports, ?ut-patient.records physical therapy records, and any other information pertalnlng to: NAME: NICHOLAS RYLATT ADDRESS: 15 WEAVER DR MARYSVILLE PA DATE OF BIRTH: 01/25/59 SSAN: 177487101 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following doCuments have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M282646-03 Authorized signature for HOLY SPIRIT HOSP *** SIGN AND RETURN THIS PAGE *** (XIMMOh~5~TH OF p]~[qSYLVANIA C0b/qTY OF O/~ERLA~D RYLATT : Vs. : Fi le No. : WEIS MARKETS 2001 6253 TO: SUBPOENA TO PROOUCE DOOJttENTS OR 11tINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 DR MICHAEL CORDAS, 805 SIR THOMAS CT, HARRISBURG PA 17109 (Na~e of Pecson c~ Entity) Within twenty (20) days afte~ service of this subpoena, you ~e ~d~ed by the c~t to at Lzo RZPROOOCTZONS,( J 40 O SSTON ST., PB X., PX Yo~ may delive~ o~ mail legible copies of the documents o~ produce things requested this subpoena, to~ethe~ w~th the centificate of o~,~liance, to the pa~tymakin9 thiz request at the add~ess listed '~bove. You have the right to seek in advance the reasonable cost of preparin9 the copies or producin9 the things sought. If you fail to produce the docmments o~ things required by this subpoena within twent> (20) days afte~ its se~vlce, the party serving thi~ subpoena may seek a court o~de.' ccrnpellin9 you to ~,~ly with it. TH I S SUBPOENA WAS ISSUED AT THE RE(~JEST OF THE FOtLOWING PERSOfI: NAME: BROOKS R FOZ~), ESQ ADORESS: 305 N FRONT ST TELEPHONE: ~UPREME COU~T ID # ATTORNEY FOR: ........... 2A 17108 215- 3-3-~ DEFENDANT M282646-04 DATE: OZ/ly'/02 Seal of the Cou~t (Eff. 7/97) RYLATT Vs. WEIS MARKETS ADDENDUM TO SUBPOENA No. 2001 6253 CUSTODIAN OF RECORDS FOR: DR MICHAEL CORDAS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: NICHOLAS RYI~ITT ADDRESS: 15 WEAVER DR MARYSVILLE PA DATE OF BIRTH: 01/25/59 SSAN: 177487101 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best ?f my knowledge{ information and belief all documents or thlngs above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M282646-04 Authorized signature for DR MICHAEL CORDAS *** SIGN AND RETURN THIS PAGE *** C0~4~DNWEALTH OF p~%~YLVANIA RYLATT : Vs. : Fi le No. WEIS MARKETS 2001 6253 TO: SUBPOENA TO PROOUCE DO:UMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 COMM IMAGING ASSOCS, 865 S ARLINGTON AVE, HARRISBURG PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you a~e o~dered by the court to produce the roi lowing ~t.~ LEaL ZVROOVCTZONS,( s 40 ozssToN sT., vEzza., w YOU may deliver or mail legible cooies of the doc~ne~ts o~ produce things requested b: this subpoena, together with the certificate of cu,wliar~e, to the party making thi~ request ~t the address listed above. You have the right to seek in advance the rea~onab!~ cost of preparing the co~ies or producing the things sought. If you fail to produce the docunents or things required by this subl:~ena within twent:. (20) days after its aerv':ce, the party serving 'this subpoena may seek a court orde.- ~'~,~ellir~j you to oa',~ly with it. THIS SUBPOENA WAS ISSUED AT THE RE(:LIEST OF THE FOLLOWING PERSON: NAME: ADORESS: TELEPHONE: SUPRE~ COURT ID # ATTORNEY FOR: M282646-05 DATE: 01/,~/02 seal of the Co~t BROOKS R FOLAND, ESQ ~OR N FRONT ST ............. 17108 215-335-3212 DEFENDANT BY 'F~ OC~RT: Prothonotary/~l~'k, Civil Division ! ' Deputy (Eff. 7'/97) RYLATT Vs. WEIS MARKETS ADDENDUM TO SUBPOENA No. 2001 6253 CUSTODIAN OF RECORDS FOR: CO~[~[ IMAGING ASSOCS ANy AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: DATE NAME: NICHOLAS RYLATT ADDRESS: 15 WEAVER DR MARYSVILLE PA 0F BIRTH: 01/25/59 SSAN: 177487101 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDSAREAFFACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge{ information and belief all documents or things above mentioned have been produced. ] NODOCUMENTSAVAILABLE:I hereby certify that a thoroughsearch has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M282646-05 Authorized signature for COMM IMAGING ASSOCS *** SIGN AND RETURN THIS PAGE *** ,- ~TH OF p~%~%~YLVANIA RYLATT : Vs. : Fi le No. : WEIS MARKETS 2001 6253 TO: SU~FOENA TO PR<:X:XJCE ~NTS OR THINGS FO~ DISCOVERY PURSUANT TO RULE 4009.22 DR MICHAEL LEISTER, 5011 LOCUST LN, HARRISBURG PA 17109 (Name of Persc~ c~ Entity) Within twenty (20) days after service of this subpoena, you are o~de~ed by the ~rt to pr~uce the foll~i~ ~t~ at You may deliver or mail legible copies of the docu~nts or produce things requested this subpoena, together with the certificate of cu,.lience, to the party making thu 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 serv(ce, the party serving thi~ subpoena may seek a court orde~- ~,~elling you to co,~ly with it. THIS SUbPOENA WAS ISSUED AT THERE(~kJESTOFTHEFOLLO~IINGPERSON: NAM~: BROOKS R FOLAND, ESQ AL'X~ESS: ~05 N FRONT ST TELEPHONE: SUPREME O:XJRT ID ~.__ ATTORNEY FOR: M282646-06 o11 ¥1o2 DATE: 215-335-3212 DEFENDANT Seal of the Court DA 17108 BY TI~ COURT: Protho~otary/(~l Civil Division Deputy (Elf. 7/97) RYLATT Vs. WEIS MARKETS ADDEND UM TO SUBPOENA No. 2001 6253 CUSTODIAN OF RECORDS FOR: DR MICHAEL LEISTER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CAF/)S ~ ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMElqT RENDERED TO: NAME: ADDRESS: DATE 0F BIRTH: SSAN: NICHOLAS RYLATT 15 WEAVER DR MARYSVILLE PA 01/25/59 177487101 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN ] RECORDS AREATTACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVA1LABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M282646-06 AuthOrized signature for DR MICHAEL LEISTER *** SIGN AND RETURN THIS PAGE *** C0(~[XNWEALTH OF pI~YEYLSYLVANIA RYLATT : Vs. : Fi le No. WEIS MARKETS 2001 6253 TO: SUBPOENA TO PROOUCE DCOJHENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 QUANTUM IMAGING, PO BOX 2226, YORK PA 17405 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, yo~ a~e ordered by the court to prc~uce the fol l~in~ o~t.~ C)E~r!~ing~m--~----~ kl')DEr UTvl at You may deliver or mail legible copies of the docunents or produce things requested this subpoena, together with the certificate of cu,~liance, to the party making thi-- request at the address listed above. You have the right to seek in advance the rea~onabl~ cost of preoaring the copies or producing the things sought. If you fail to produce the doctments or things required by this subpoena within twenty (20) days after its service, the party serving this ;~ubpoe~a may seek a court orde~- G,,~ellin9 you to co~ly with it. THIS SUBPOENA WAS ISSUED AT THE RE(:UEST OF THE FOLLOWING PERSON: NAME: BROOKS R FOLAND, ESQ ADORESS: 305 N FRONT ST TELEPHONE: SI. IPREI~ COURT ID ATI'ORNEY FOR: ............. 17108 215-335-3212 DEFENDANT M282646-07 DATE: oz/ ,//o2 seal of the Court BY ll{ CO JRT: Prothonotar~;/Cgerk, Civil Division (Elf. ADDENDUM TO SUBPOENA RYLATT VS. WEIS MARKETS NO. 2001 6253 CUSTODIAN OF RECORDS FOR: QUANTU~AG~NG ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, COPd~ESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ADDRESS: DATE 0F BIRTH: SSAN: NICHOLAS RYLATT 15 WEAVER DR MARYSVILLE PA 01/25/59 177487101 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDS AREAFTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge~ information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENFSAVA~L4BLE:I hereby Certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M282646-07 Authorized signature for QUANTUM IMAGING *** SIGN AND RETURN THIS PAGE *** ~TH OF p~-"/LVANTA RYLATT : : VS. : Fi le No. WEIS MARKETS 2001 6253 TO: DR JOHN ANDREN, SUBPOENA TO PEOOJCE DOCUHENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 5405 JONESTOWN RD, HARRISBURG PA 17110 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to at DiSSTO ST., MEDICAL LEGAL REPRODUCTIONS, S You mey deliver or mail legible co~ies of the documents or produce things requested b~ this subl~ena, together with the certificate of cu,~liance, to the party making this request at the add~ess listed above. You have the right to seek in advance the rea~onabl~ cost of preparing the co~ies or producing the things sought. If you fail to produce the doct~ents or things required by this subpoena within twenty (20) days after its service, the party serving 'thin subpoena may seek a court orde,' (xw,wellir~j you to co%wly with it. TH I S SUI)POENA WAS ISSUED AT THE REQUEST OF THE FOLLOW I FIG PERSON: NAME: BROOKS R FOIJ~qD, ESQ ADO~ESS: 30~ ILA,~ISDL~C, PA 17108 TELEPHONE: SUPREI~E COURT ID # ATTORNEY FOR: M282646-08 o11/ 1o2 DATE: 215-335-3212 DEFENDANT seal of the Oourt BY 1~ COURT: Prothonotery/C(~k~, Oivil Divisi~ / I ~ ' ' ~ty (Eff. 7/97) ADDENDUM TO SUBPOENA RYLATT Vs. WEIS MARKETS No. 2001 6253 CUSTODIAN OF RECORDS FOR: DR JOHN ANDREN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ~ EXAMINATION OR TREATMENT RENDERED TO: NAME: NICHOLAS RYLATT ADDRESS: 15 WEAVER DR MARYSVILLE PA DATE OF BIRTH: 01/25/59 SSAN: 177487101 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDSAREATTACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M282646-08 Authorized signature for DR JOHN ANDREN *** SIGN AND RETURN THIS PAGE *** NICHOLAS J. RYLATT, Plaintiff VS, WEIS MARKETS, INC. and CHARLES H. DELONG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6253 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION FOR DISMISSAL AND NOW, this ,~'~' day of /v~,.,,~ 2002, by agreement of counsel for the parties hereto, it is agreed that paragraphs 24 (e) and 24 (g) are hereby dismissed from Plaintiffs Complaint. Broo~ R. Foland, Esqu~ I.D. No. 70102 THOMAS, THOMAS & HAFER, LLP 305 North Front Street POB 999 Harrisburg, PA 17108-0999 717-255-7626 Counsel for Defendants Steven'~. 1[4ontresor, Esquire LATSHA DAVIS & YOHE, P.C. POB 825 Harrisburg, PA 17108-0825 717-761-1880 Counsel for Plaintiff NICHOLAS J. RYLATT, Plaintiff VS. WEIS MARKETS, INC. and CHARLES H. DELONG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6253 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ANSWER WITH NEW MATTER 1. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 1 of Plaintiff's Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 3. 4. 5. 6. 7. Admitted. Admitted. Admitted. Admitted based upon information and belief. Admitted based upon information and belief. Admitted. 8. Admitted. 9. Denied as stated. It is admitted only that the tractor trailer being driven by Defendant DeLong struck Plaintiffs vehicle after striking another. Any and all other allegations contained in paragraph 9 are specifically denied and strict proof thereof is demanded at time of trial. 10. Admitted based upon information and belief. 11. Admitted. 12. Denied. The allegations contained in paragraph 12 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 13. Admitted. 14. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 14 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 15. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 15 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 16. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 16 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 17. Denied. The allegations contained in paragraph 17 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 2 COUNT I - NEGLIGENCE Plaintiff Nicholas Rylatt v. Defendant Charles H. Long, Jr. 18. Defendant incorporates by reference the answers to Plaintiffs Complaint as though the same were fully set forth herein at length. 19. Denied. The allegations contained in paragraph 19 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 20. (a-k) Denied. The allegations contained in paragraphs 20 (a-k) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. The allegations contained in paragraph 21 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Weis Markets, Inc. and Charles H. DeLong, Jr. respectfully request that judgment be entered in their favor and against Plaintiff Nicholas J. Rylatt. COUNT II - NEGLIGENCE Plaintiff Nicholas Rylatt v. Defendant Weis Markets, Inc. 22. Defendant incorporates by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 23. Denied. The allegations contained in paragraph 23 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 3 24. (a), (b), (c), (d) and (f) Denied. The allegations contained in paragraphs 24 (a), (b), (c), (d) and (f) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 25. Denied. The allegations contained in paragraph 25 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Weis Markets, Inc. and Charles H. DeLong, Jr. respectfully request that judgment be entered in their favor and against Plaintiff Nicholas J. Rylatt. NEW MATTER 26. Plaintiff's claims may be barred by the expiration of the applicable statute of limitations. 27. Plaintiff's claims may be barred or reduced by PlaintifFs comparative and/or contributory negligence. 28. Plaintiff's claims may be barred or reduced by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 29. Plaintiffs claims may be barred or reduced by Plaintiff's failure to mitigate his damages. 30. Some of Plaintiff's injuries and/or damages, if any, may have been caused by parties other than Defendants. 4 WHEREFORE, Defendants Weis Markets, Inc. and Charles H. DeLong, Jr. respectfully request that judgment be entered in their favor and against Plaintiff Nicholas J. Rylatt. Respectfully submitted, by: THOMAS, THOMAS & HAFER, LLP Brooks R-. Foland,-E'~uire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 :162369.1 Attorneys for Defendants 5 VERIFICATION I, Bart Shaffer, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities; I verify that ali the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. Weis Markets, Inc. VERIFICATION I, Charles H. DeLong, Jr., have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. CERTIFICATE OF SERVICE AND NOW, this ~ day of ~%C~,r ,200~__ I, Coleen M. Polak, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Steven M. Montresor, Esq. Latsha Davis & Yohe, P.C. POB 825 Harrisburg, PA 17108-0825 Coleen M. Polak IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLA'I"I' Plaintiff, WEIS MARKETS, INC., and CHARLES H. DELONG, JR. Defendants. : NO.: 2001-6253 ; _. : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MAI"I'ER Plaintiff, by and through his attorneys, Latsha Davis & Yohe, P.C., hereby answers the Defendants' New Matter as follows: 26 - 30. The allegations contained in Paragraphs 26 through 30 are conclusions of law to which no response is required. To the extent that any of these allegations are deemed factual, they are denied. WHEREFORE, Plaintiff, Nicholas J. Rylatt, demands judgment against Defendants in an amount not in excess of Twenty-Five Thousand Dollars ($25,000). Dated: Respectfully Submitted, LATSHA DAVIS & YOHE, P.C. Steven M. Montresor Attorney I.D. No. 74244 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, Nicholas J. Rylatt 73790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLA'IT : Plaintiff, : v. : NO.: 2001-6253 : ~VEIS MARKETS, INC., and : CHARLES H. DELONG, JR. : Defendants. : CIVIL ACTION - LA~gV VERIFICATION I, Nicholas J. Rylatt, hereby state that I am the Plaintiff in the within action and further verify that the facts set forth in this Plaintiff's Reply to New Matter are true and correct to the best of my knowledge, information and belief; and acknowledge that the statements in said Pleading are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: Nicholas J. Rylatt 73790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLATT Plaintiff, WEIS MARKETS, INC., and CHARLES H. DELONG, JR. : Defendants. : NO.: 2001-6253 CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served via U.S. Marl, First Class upon the following individuals: Brooks R. Foland, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Date: By: ~JJ)~-~ Steven M. Montresor NICHOLAS J. RYL Plai VS. WEIS MARKETS, CHARLES H. DEL De' TO THE PROTHOI' Please enter Charles H. DeLong ATT, ntiff ~lC. and )NG, 'endants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6253 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE IOTARY: my appearance on behalf of Defendants Weis Markets, Inc. and in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: Ki~berly A. B~hle, Esquire I.D. No. 87565 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7155 CERTIFICATE OF SERVICE AND NOW, law firm of Thomas of the foregoing doc postage prepaid, to his 22"d day of October, 2003, I, Kimberly A. Bohle, Esquire, of the Thomas & Hafer, hereby certify that I sent a true and correct copy :ument by placing a copy of the same in the United States Mail, the following: Steven M. Montresor, Esq. Latsha Davis & Yohe, P.C. POB 825 Harrisburg, PA 17108-0825 NICHOLAS J. RYLATT, Plaintiff VS. WEIS MARKETS, INC. and CHARLES H. DELONG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .NO. 2001-6253 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kimberl¥ A. B ohle, EsQuire , counsel for the Defendants in the above action (or actions), respectfully represents that: The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than $25,000.00. The counterclaim of the defendant in the action is $ The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Steven M. Montresor, Escluire, Kimberl¥ A. Bohle, Es(3uire, Brooks R. Foland, Esquire, or anv member of the firm of Latsha Davis & Yohe, P.C. or Thomas. Thomas & Haler, LLP. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP /B;roj~ks R. Folar~ Esquire Kirfiberly A. Bohle, Esquire I.D. Number: 70102/87565 305 North Front Street P.O. Box 999 Harrisburg, PA 17108~0999 (717) 255-7626 Counsel for Defendants Date: CERTIFICATE OF SERVICE AND NOW, this 22"~ day of October, 2003, I, Kimbedy A. Bohle, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Steven M. Montresor, Esq. Latsha Davis & Yohe, P.C. POB 825 Harrisburg, PA 17108-0825 NICHOLAS J. RYLATT, Plaintiff vs. WEIS MARKETS, INC. and CHARLES H. DELONG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 ~6253 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, :.-~~~ , 20~_~, in consideration of the foregoing petition, Esq'~e, and ~4..~ ,~~-~ Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: NICHOLAS 3. RYLATT, Plaintiff VS. WEIS MAR~{ETS, INC. and CHARLES H. DELONG, Defendants : NO. 2001-6253 : CIVIL ACTION - LAW OATlt IN TILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERM We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~ ~ Bach, Esquir~ GeorGe DouGlas, Esquire Kara Haggerty, Esquire ~,~. ~"~ AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the follow/ng award: (Note: If damages for delay are awarded, they shall be separately stated.) We find in favor of the Plaintiff and against the Defendant in the amount of $20,000.00 without interest and costs. . Arbitrator, dissents. (insert name if applicable~/~ Date of Hearing: 5/24/04 James I~. l~ach[ Esquire Date of Award: 5/24/04 George Douglas, Esquire NOTICE OF ENTRY OF AWARD Now, the ~27~ day of ~ ,200~/ , at_?: f3 , ?~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Artibitrators'compensation to be Paid upon appeal: Prothonotmy ,290.00 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J. RYLATT Plaintiff, WEIS MARKETS, INC., and CHARLES H. DELONG, JR. Defendants. NO.: 2001-6253 CIVIL ACTION - LAW PRAECIPE TO SATISFY TUDGMENT TO THE PROTHONOTARY: Please mark the above-referenced judgment satisfied in full. Dated: July 8, 2004 Respectfully Submitted, LATSHA DAVIS YOHE & McKENNA, P.C. By: Steven M. Montresor Attorney I.D. No. 74244 P.O. Box 825 Harrisb~arg, PA 17108-0825 (717) 76'1-1880 Attorneys for Plaintiff, Nicholas J. Rylatt 91312 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS J- RYLATT Plaintiff, WEIS MARKETS, INC., and CHARLES H. DELONG, JR. Defendants. NO.: 2001-6253 CIVIL ACTION - LAW CERTIFICATE OF SERVIC_E The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Satisfy Judgment has been served upon the persons listed below in the manner specified: Via Regular Mail Brooks R. Foland, Esq. Thomas Thomas & Haler 305 North Front Street, Sixth ]Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Date: July 8, 2004 Steven M. Montresor 91312