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HomeMy WebLinkAbout07-7539IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. HOLLER and DALE D. HOLLER, her husband, 222 N. Pine Street York, Pennsylvania 17403, Plaintiffs vs. KARNS PRIME AND FANCY FOOD, LTD: t/d/b/a KARNS FOOD, 675 Silver Spring Road Mechanicsburg, Pennsylvania 17050 Defendant NO. 07-17639 alvo Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS STAMBAUGH LAW, P.C.'. 2121 S. QUEEN ST. YORK, PA 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 notice and pleading 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 pleading 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 a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. HOLLER and DALE D. HOLLER, her husband, 222 N. Pine Street York, Pennsylvania 17403, Plaintiffs vs. NO. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD: t/d/b/a KARNS FOOD, : 675 Silver Spring Road Mechanicsburg, Pennsylvania 17050 Defendant JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. Si usted no puede permitirse emplear a un abogado, esta oficina puede poder proveer de usted la informacibn sobre las agencias que pueden ofrecer servicios juridicos a las personas elegibles en un honorario reducido o ningun honorario. STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 1-800-990-9108 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. HOLLER and DALE D. HOLLER, her husband, 222 N. Pine Street York, Pennsylvania 17403, Plaintiffs VS. KARNS PRIME AND FANCY FOOD, LTD: t/d/b/a KARNS FOOD, 675 Silver Spring Road Mechanicsburg, Pennsylvania 17050 Defendant NO. 07_ 7SJ)P eZa. -r.--- CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this 10' day of December, 2007, come the Plaintiffs, Karen M. Holler and Dale D. Holler, her husband, by and through their attorney, Steven D. Stambaugh, Esquire and file this Complaint, whereof the following is a statement: 1. The Plaintiffs, Karen M. Holler and Dale D. Holler, her husband (hereinafter alternately referred to as "Plaintiff' and/or "Plaintiffs"), are adult individuals, residing at 222 N. Pine Street, York, York County, Pennsylvania 17403. 2. STAMBAUGH LAW, Pc. The Defendant Karens Prime and Fancy Food, Ltd., t/d/b/a Karns Food 2121 S. QUEEN ST YORK. PA (hereinafter "Defendant") is a business entity organized and existing and authorized to do business in the Commonwealth of Pennsylvania, having its principal place of business at 675 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The subject injury incident occurred at Defendant's store / business location at 99 Lewisberry Road, New Cumberland, Cumberland County, Pennsylvania 17070 (hereinafter "Defendant's store"). 4. On August 15, 2006, at approximately 11:00 a.m. or 11:30 a.m., Plaintiff was a business invitee patron customer of Defendant's store. 5. At the above mentioned date and time, Plaintiff asked for permission to use the bathroom in Defendant's store, was given permission to use the bathroom, and did use the said bathroom. As she attempted to exit the bathroom, Plaintiff stepped out of the bathroom with her left foot. As she did so Plaintiff s left foot suddenly slipped out from under her with the result that she fell suddenly and violently to the ground striking her right hand on the sink behind her. After Plaintiff was able to collect herself she inspected the area and determined that someone had mopped the floor. Plaintiff came to this conclusion because the floor was wet as if someone had mopped the floor with a wet mop that had not been completely wrung out, and because Plaintiff noticed a mop and bucket in a corner however there were no wet floor or other caution signs to warn customers that the floor had been mopped and/or was wet. 6. As a result of the fall, Plaintiff has suffered and in the future will continue to STAMBAUGH LAW, P.C.' 2121 S. QUEEN ST YORK, PA suffer mental and bodily injuries resulting in impairment of bodily function which include, but are not limited to, the following: a) Bodily injuries including injuries to her right hand and right knee; b) Mental anguish; C) Discomfort; d) Inconvenience; e) Distress; f) Loss of life's pleasures; g) Embarrassment and humiliation; h) An impairment of health and sense of well being; and i) Disfigurement. 7. As a further result of the fall, Plaintiff has suffered, is suffering, and in the future will continue to suffer financial injuries which include, but are not limited to, the following: a) Past, present, and future medical expenses which have or may in the future exceed applicable legal limits; b) Incidental costs resulting from dealing with said injuries; and c) Loss of earnings and earning capacity. 8. The said damages are in excess of $50,000.00, are outside the scope and authority of mandatory arbitration, and a jury Trial is hereby demanded.. COUNT I - NEGLIGENCE Karen M. Holler and Dale D. Holler vs. Karns Prime and Fancy Food, Ltd. t/d/b/a Karns Foods 9. STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK. PA' Paragraphs one (1) through eight (8) are incorporated by reference as if set forth fully hereunder. 10. At all material times herein, Plaintiff was a business invitee patron customer of Defendant's store. 11. Defendant, by holding out its property for public use and inviting consumers onto the property to conduct business, owed to the Plaintiff a duty to maintain said premises in a safe condition, to inspect the premises to make the same safe, and to warn business invitees of possible dangerous conditions. 12. At all times relevant hereto, the Defendant breached its duty to keep its property in a safe, well maintained, nonhazardous condition and failed to warn business invitees of existing dangerous conditions and was careless and negligent as follows: a) Failing to make a reasonable inspection to discover unsafe conditions such as the dangerous condition in the bathroom where Plaintiff fell; b) Failing to correct or remedy the dangerous condition which caused an unreasonable risk of injury in the area where Plaintiff fell; C) Failing to provide a safe and adequate walkway through and by which business invitees could use the bathroom; d) Failing to give warning of the dangerous condition as described herein and/or to take any other safety precautions to prevent injury to the Plaintiff and other business invitees; and e) Failing to exercise reasonable care to discover and prevent the perils and dangers to Plaintiff. 13 Said accident was solely the result of Defendant's aforesaid negligence and was due in no manner whatsoever to an act or failure to act on the part of Plaintiff. 14. As a result of the fall, Plaintiff has suffered and in the future will continue to STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK. PA suffer mental and bodily injuries and financial injuries, as aforesaid, and as according to proof at trial. Wherefore, Plaintiffs Karen M. Holler and Dale D. Holler respectfully request that this Honorable Court enter judgment against the Defendant in an amount in excess of $50,000.00, plus delay damages, costs and interest as allowed by law. COUNT II - LOSS OF CONSORTIUM Dale D. Holler vs. Karns Prime and Fancy Food, Ltd., t/d/b/a Karns Food 15. Paragraphs one (1) through fourteen (14) are incorporated by reference as if set forth fully hereunder. 16. As a result of Defendant's negligence, as more fully described in the preceding j paragraphs, Plaintiff Dale D. Holler has sustained a loss of his wife's comfort, society, aid, consortium, and services. ?I Wherefore, Plaintiffs Karen M. Holler and Dale D. Holler respectfully request that this Honorable Court enter judgment against the Defendant in an amount in excess of $50,000.00, plus delay damages, costs and interest as allowed by law. Respectfully Submitted, STAMBA G Dated: December 10, 2007 Ste n D. t au , Esquire A rney r la s I. No: 4 8 2 21 Sou Queen Street York, PA 17403 (717) 846-1400 STAMBAUGH LAW, P.C. I, 2121 S. QUEEN ST YORK, PA VERIFICATION I verify that the statements made in this STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK. PA are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied upon my counsel in making this verification. I understand that false statements herein are made subject to penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. hqhok?? Date lAbin Date l 4.4 " Ynaj'b. a ren M. Holler Dale D. Holler C? 4L 0 C:* ? [?1 :n p0 ;%i, c m m SU o ? 00 v _ SHERIFF'S RETURN - REGULAR CASE NO: 2007-07539 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLLER KAREN M ET AL VS , KARNS PRIME & FANCY FOOD LTD MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KARNS PRIME AND FANCY FOOD LTD T/D/B/A KARNS FOOD the DEFENDANT , at 1315:00 HOURS, on the 21st day of December , 2007 at 675 SILVER SPRING ROAD MECHANICSBURG, PA 17050 CATHY STRAYER 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 Service Postage Surcharge 18.00 9.60 .58 10.00 .00 v' 38.18 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 12/28/2007 STAMBAUGH LAW r By: Deptity ?1eri f f A. D. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 07196-tba SJB Attorney for Defendant KAREN M. HOLLER and COURT OF COMMON PLEAS DALE D. HOLLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 07-7539 VS. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD t/d/b/a KARNS FOOD JURY TRIAL DEMANDED Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Karns Prime and Fancy Food, Ltd t/d/b/a Karns Food, in the above captioned case. MARSHALL DENNEHEY WARNER COLE AN & GOGGIN By. ; Barcavage, Esquire r'`Attorney for Defendant ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: January 7, 2008 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 07196-tba SJB Attorney for Defendant KAREN M. HOLLER and COURT OF COMMON PLEAS DALE D. HOLLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 07-7539 vs. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD t/d/b/a KARNS FOOD JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 7, 2008, I served a copy of Defendant Karns Food's Entry of Appearance via First Class United States mail, postage prepaid as follows: Steven D. Stambaugh, Esquire Stambaugh Law 2121 South Queen Street York, PA 17403 Attorney for Plaintiffs S phe . Barcavage c"? ? `..' ? t ?-- 'r ??. r? ?^ ?? ? '> . .. ? ' Y { -?_. ? ?,; :, .. -, _ .mo _._. t V~ MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 07196-00118 Attorney for Defendant KAREN M. HOLLER and COURT OF COMMON PLEAS DALE D. HOLLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 07-7539 vs. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD t/d/b/a KARNS FOOD JURY TRIAL DEMANDED Defendant NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Karns Prime and Fancy Food, Ltd t/d/b/a Karns Food, served Interrogatories and Request for Production of Documents addressed to Plaintiffs, Karen M. Holler and Dale D. Holler pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the 11 th day of January, 2008. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: January 11, 2008 BY: ST N J. BARCAVAGE, ESQUIRE „Attorney for Defendants .r 1. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 07196-00118 Attorney for Defendant KAREN M. HOLLER and COURT OF COMMON PLEAS DALE D. HOLLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 07-7539 vs. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD t/d/b/a KARNS FOOD JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 11, 2008, I served a copy of Defendant Karns Food's Notice of Serving Discovery along with Interrogatories and Request for Production of Documents via First Class United States mail, postage prepaid as follows: Steven D. Stambaugh, Esquire Stambaugh Law 2121 South Queen Street York, PA 17403 Attorney for Plaintiffs Step B cavage I'll c';, r.> ._ ??' ? 7 ' y. _? . „ 'nr'.im. ? i / ,J i {r- ? ? rY} w . PPyy V? ? ` MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 07196-00118 Attorney for Defendant KAREN M. HOLLER and COURT OF COMMON PLEAS DALE D. HOLLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 07-7539 vs. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD t/d/b/a KARNS FOOD JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: Steven D. Stambaugh, Esquire Stambaugh Law 2121 South Queen Street York, PA 17403 Attorney or Plaintiff 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 filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER CO E GOGGIN By: Atep en J. Bareavage, Esquire Attorney for Defendant ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: March 17, 2008 0 ? C7 0 -vt co W MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 07196-00118 Attorney for Defendant KAREN M. HOLLER and COURT OF COMMON PLEAS DALE D. HOLLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 07-7539 VS. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD t/d/b/a KARNS FOOD JURY TRIAL DEMANDED Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this Paragraph, and therefore, same is denied with strict proof thereof required at trial. 2. Admitted. 3. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this Paragraph, and therefore, same is denied with strict proof thereof required at trial. 4. Denied. The allegations of this Paragraph constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. By way of further response, defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this Paragraph, and therefore, the same are denied with strict proof thereof required at trial. it, 4 5. Denied. The allegations of this Paragraph constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. By way of further response, defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this Paragraph, and therefore, the same are denied with strict proof thereof required at trial. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 6. a-i. Denied. The allegations of Paragraph 6 (a-i) constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. By way of further response, defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 (a-i), and therefore, the same are denied with strict proof thereof required at trial. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 7. a-c. Denied. The allegations of Paragraph 7 (a-c) constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. By way of further response, defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 7 (a-c), and therefore, the same are denied with strict proof thereof required at trial. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 8. Denied. The allegations of this Paragraph constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict J proof thereof is demanded at trial, if relevant. By way of further response, defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this Paragraph, and therefore, the same are denied with strict proof thereof required at trial. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). COUNTI Karen M. Holler and Dale D. Holler vs. Karns Prime and Fancy Food, Ltd. t/d/b/a Karns Foods 9. Defendant hereby incorporates its answers to Paragraphs 1-8 of the Complaint, as if set forth verbatim. 10. Denied. The allegations of this Paragraph constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. 11. Denied. The allegations of this Paragraph constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. 12. a-e. Denied. The allegations of Paragraph 12(a-e) constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. 13. Denied. The allegations of this Paragraph constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. 14. Denied. The allegations of this Paragraph constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. By way of further response, defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this Paragraph, and therefore, the same are denied with strict proof thereof required at trial. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests judgment be entered in its favor. COUNT II - LOSS OF CONSORTIUM Dale D. Holler vs. Karns Prime and Fancy Food, Ltd. t/d/b/a Karns Foods 15. Defendant hereby incorporates its answers to Paragraphs 1-8 and Count I of the Complaint, as if set forth verbatim. 16. Denied. The allegations of this Paragraph constitute conclusions of law to which no further responsive pleading is required, and, accordingly these allegations are denied and strict proof thereof is demanded at trial, if relevant. By way of further response, defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this Paragraph, and therefore, the same are denied with strict proof thereof required at trial. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests judgment be entered in its favor. NEW MATTER 17. Defendant hereby incorporates its answers to Paragraphs 1-8 and Counts I and II of the Complaint, as if set forth verbatim. 18. No act or omission on the part of Defendant was a substantial contributing factor in bringing about Plaintiffs' alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 19. Defendant breached no duty of care, if any such duty of care was owed to Plaintiffs under the circumstances described in Plaintiffs' Complaint. 20. Plaintiffs' injuries and/or damages, if any, were caused in whole or in part by pre- existing physical and/or medical conditions which were neither aggravated nor contributed toward any act, omission or other liability producing conduct on the part of Defendant. 21. Plaintiffs' injuries and or damages, if any, were caused in whole or in part by acts and or omissions on the part of persons and or entities over home defendant had neither control nor right of control. 22. Plaintiffs' claims may be barred and/or limited by the doctrines of res judicata and/or collateral estoppel. 23. Plaintiffs' claims may be barred and or limited by Plaintiffs' failure to mitigate their damages as required by law. 24. Defendant reserves its right to raise one or more of those defenses reserved through PA.R.C.P. 1030. 25. Plaintiffs' Complaint fails to state a cause of action upon Defendant in which relief can granted. 26. Plaintiff, Karen M. Holler, was contributorily negligent. 27. Plaintiff, Karen M. Holler, knowingly and voluntarily assumed the risk of her injuries under the circumstances in Plaintiffs' Complaint by identifying a dangerous condition, appreciating its dangerous character and voluntarily proceeding to encounter that condition. ,ad 28. Plaintiffs' cause of action may be barred and/or limited by the applicable statute of limitations. 29. The incident, injuries and/or damages alleged to have been sustained by Plaintiffs were not proximately caused by Defendant. 30. Defendant avers that either some or all of Plaintiffs' alleged injuries and/or damages and/or treatments were unrelated to the incident which is a basis for this lawsuit. 31. Defendant breached no duty of care owed to Plaintiffs under the circumstances. 32. Plaintiffs' claims are barred by the Choice of Path Doctrine. 33. Plaintiff, Karen M. Holler, failed to exercise reasonable care for her own safety under circumstances described in Plaintiffs' Complaint. 34. Plaintiff, Karen M. Holler's, failure to exercise reasonable care for her own safety was a substantial factor in the happening of the incident described in Plaintiffs' Complaint. WHEREFORE, Defendant requests judgment be entered in its favor. By: MARSHALL DENNEHEY WARNER COLE GOGGIN Sfepli-aal. Barcavage, Esquire Attorney for Defendant ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: March 17, 2008 VERIFICATION I, Karen Worden, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. KAREN WO , Karns Prime and Fancy Foods, Ltd t/d/b/a Karns Foods R ?.,, ?! I f. i I, ? t 1? JAN 14 2008 i ??'? n = r n CC7 -. ! FTs MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 07196-00118 Attorney for Defendant KAREN M. HOLLER and COURT OF COMMON PLEAS DALE D. HOLLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 07-7539 VS. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD t/d/b/a KARNS FOOD JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on March 17, 2008, I served a copy of Defendant Karns Food's Answer with New matter via First Class United States mail, postage prepaid as follows: Steven D. Stambaugh, Esquire Stambaugh Law 2121 South Queen Street York, PA 17403 Attorney for Plaintiffs S n J. Barcavage C?,?- ? `? ? ??- w? ?:LL`- ?? ?? ?, • C';. caa ????? -t? .?... :,. ?. r? ?) ? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. HOLLER and DALE D. HOLLER, her husband, Plaintiffs VS. KARNS PRIME AND FANCY FOOD, LTD: t/d/b/a KARNS FOOD, Defendant NO. 07-7539 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER And now, this ? ( day of March, 2008, come the Plaintiffs, Karen Holler and Dale Holler, husband and wife, by and through their attorneys, Stambaugh Law, P.C. and Steven D. Stambaugh, Esquire, and files their response to Defendants' New Matter, the following being a statement: 17.-34. Denied. The allegations of said paragraphs constitute conclusions of law to which no response is required therefore the same are denied. To the extent a response may be required, it is denied for the reasons more fully set forth in Plaintiffs' Complaint which is incorporated herein by reference. Strict proof to the contrary is STAMBAUGH LAW, P.C. demanded at Trial. 2121 S. QUEEN ST. YORK. PA Wherefore, Plaintiffs pray this Honorable Court enter judgment in their favor and STAMBAUGH LAW, P.C.. 2121 S. QUEEN ST. YORK, PA against Defendant as prayed for in the Complaint, and award such other and further relief as deemed appropriate by the Court. Date: March , 2008 Respectfully Steven tamb Court #6433 Co jr-lD for Ple 2121 South Qu York, PA 17403 (717) 846-1400 Street VERIFICATION STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA I verify that the statements made in this I 4m?° are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied upon my counsel in making this verification. I understand that false statements herein are made subject to penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. Da aren A Holler 4 Da 10 a'j?' D owo Dale D. Holler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. HOLLER and DALE D. HOLLER, her husband, Plaintiffs VS. KARNS PRIME AND FANCY FOOD, LTD: t/d/b/a KARNS FOOD, Defendant NO. 07-7539 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rachelle L. Seeds, of the law firm of Stambaugh Law, P.C., attorneys for Plaintiffs, do hereby certify that I am this day serving a copy of the foregoing Response to New Matter upon counsel in the following manner. BY FIRST CLASS MAIL: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 STAMBAUGH LAW. P.G. 2121 S. QUEEN ST. YORK. PA augh Law P.C. -ems Date: March; 2008 R elle L. Seeds, Paralegal to. Steven D. Stambaugh, Esquire I.D. # 64338 Attorney for Plaintiffs 2121 South Queen Street York, PA 17403 (717) 846-1400 ? - C? i? ' (' i,? ? `: - eu? ? _ Y71 .:;; r ? .fir'. z~, ? , :s ?_. ? ? ? W _ .?{ ? ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M. HOLLER AND DALE D. HOLLER PLAINTIFF/S VS. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD DEFENDANT/S COURT OF COMMON PLEAS NO. 07-7539 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 07078020 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 8/08/08 S--fhFA J. BARCAVAGE, ESQ. TORNEY FOR DEFENDANT JAHUR 02196-00118 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M. HOLLER AND DALE D. HOLLER VS. PLAINTIFF/S COURT OF COMMON PLEAS KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD DEFENDANT/S NO. 07-7539 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: STEVEN D. STAMBAUGH, ESQ. STAMBAUGH LAW P.C. 2121 S. QUEEN ST. YORK PA 17403 ATTORNEY(S) FOR PLAINTIFF 07078020 12/25/08 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. MEMORIAL HOSPITAL YORK HOSPITAL DR. CARLEEN T. WARNER, M.D. EAST YORK FAMILY MEDICINE DR. DAVID J. BENS, M.D. ORTHOPAEDIC & SPINE SPECIALISTS, P.C. REHABILITATION MEDICINE EAST YORK DIAGNOSTIC CENTER DATE: 7/09/08 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT N 07078020 12/25/08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M. HOLLER AND DALE D. HOLLER Court of Common Pleas • 07-7539 Vs. File No. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARES FOOD . SUBPOENA TO PRODUCE Doa ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT MEMORIAL HOSPITAL 325 S. BELMONT ST. TO: YORK PA 17403-2609 (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 ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of cal liance, 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 welling you to carp 1y with it. THIS SUBPOENA WAS ISSUED AT THE NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: REQUEST OF THE FOLLOWING PERSON: TELEPHONE: FOR INFORMATION: (215 - 58 SUPREM COURT ID # ATTORNEY FOR., DEFENDANT DATE:- of the Court seal ISSUED ON: AjG Q 8 LEA BY THE COURT. Pro t? r Civi 1 Division Deputy (Eff. 7/97) NO. 07-7539 ADDENDUM TO SUBPOENA 07078020 12/25/08 KAREN M. HOLLER AND DALE D. HOLLER VS. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SEE ATTACHED ADDENDUM PERTAINING TO KAREN M. HOLLER (222 N. PINE ST., YORK, PA, DOB 06/08/61, SSN 201-52-6966). Jul-07-08 16:03 From-MDWC&G 717-651-9630 T-760 P-004/004 F-329 PAGE 3 OF 3 instructions for MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Karen M. Holler; Date of Birth: 6/8161; Social Security No. 201-52-6966. BXN 07078020 112/25/08 COMMONWEALTH OF PENNSYLVANIA aDUNTY OF a R AND KAREN M. HOLLER AND DALE D. HOLLER Court of Common Pleas • 07-7539 Vs. File No. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SUBPOENA TO PRODUCE DOCENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT YORK HOSPITAL 1001 S. GEORGE ST. TO: YORK PA 17403-3676 (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 ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 carripe l l i r:g you to oaj l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE, FOR INFORMATION: 2 =-58 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE: 71M14V Seal of the Court ISSUED ON: 4 p no BY THE COURT, . Pro tart'/ i1 Division DAY (Eff. 7/97) NO. 07-7539 ADDENDUM TO SUBPOENA 07078020 12/25/08 KAREN M. HOLLER AND DALE D. HOLLER VS. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SEE ATTACHED ADDENDUM PERTAINING TO KAREN M. HOLLER (222 N. PINE ST., YORK, PA, DOB 06/08/61, SSN 201-52-6966). Jul-07-08 16:03 - From-MDWC&G T1T-651-9630 T-T60 P-004/004 F-329 PAGE 3 OF 3 * 2001 TO THE PRESENT * Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Karen M. Holler; Date of Birth: 6/8161; Social Security No. 201-52-6966. N 07078020 12/25/08 OF PENNSYLVANIA COUM OF Cx IAAID KAREN M. HOLLER AND DALE D. HOLLER Vs. File No. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARES FOOD Court of Common Pleas 07-7539 SUBPOENA TO PRODUCE DOCUMENTS-OR THINGS FOR DIS00VERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. CARLEEN T. WARNER, M.D. EAST YORK FAMILY MEDICINE TO: 1010 PLYMOUTH RD. S-8 YORK PA 17402 (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 ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of cc,, l i ance, 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 carpellirg you to comp 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (21.5 - 858 SUPREI"E COURT ID # ATTORNEY FOR: DEFENDANT DATE : ?`???/? Sea 1 -of-the Court ISSUED ON: 08M BY THE COURT: Pro tary/C1 C' it Division Day (Eff. 7/97) NO. 07-7539 ADDENDUM TO SUBPOENA 07078020 12/25/08 KAREN M. HOLLER AND DALE D. HOLLER VS. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SEE ATTACHED ADDENDUM PERTAINING TO KAREN M. HOLLER (222 N. PINE ST., YORK, PA, DOB 06/08/61, SSN 201-52-6966). Jul-87-06 16:03 From-MDWC&G 717-651-9630 T-760 P.004/004 F-329 PAGE 3 OF 3 Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Karen M. Holler; Date of Birth: 618/61; Social Security No. 201-52-6966. N 07078020 12/25/08 COMMONWEALTH OF PENNSYLVANIA COUNPY OF CLD93EI AND KAREN M. HOLLER AND DALE D. HOLLER Court of Common Pleas 07-7539 Vs. File No. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. DAVID J. BENS, M.D. 2915 E. PROSPECT RD. TO: P.O. Box 3528 YORK PA 17402 (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 ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 ccmpe l ling you to ca ip l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 241--n58 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE : 711ex W Seal of the Court ISSUED ON: AUB 0 8 2008 BY THE COURT: Pro tart/C1 vil Division Deputy (Eff. 7/97) NO. 07-7539 ADDENDUM TO SUBPOENA 07078020 12/25/08 KAREN M. HOLLER AND DALE D. HOLLER VS. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SEE ATTACHED ADDENDUM PERTAINING TO KAREN M. HOLLER (222 N. PINE ST., YORK, PA, DOB 06/08/61, SSN 201-52-6966). Jul-UT-08 16:03 From-MDWC&G TIT-651-9630 T-T60 P.004/004 F-329 PAGE 3 OF 3 instructions for MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Karen M. Holler; Date of Birth: 6/8/61; Social Security No. 201-52-6966. N 07078020 12/25/08 COMFIDNWEALTH OF PENNSMVANIA COURrY OF CLIGE L M KAREN M. HOLLER AND DALE D. HOLLER Court of Common Pleas 07-7539 Vs. File No. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SUBPOENA TO PRODUCE Doa?rENTS OR THINGS FOR DISOOWERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF ORTHOPAEDIC & SPINE SPECIALISTS, P.C. 1855 POWDER MILL RD. TO: YORK PA 17402 (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 ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docirrments or produce things requested by this subpoena, together with the certificate of ca, liance, 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 campellirg you to carp 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 - 58 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE: a seal o the Court ISSUED ON: 0 V BY THE COURT: Pro tary/C1? vil Division Deputy (Eff. 7/97) .NO. 07-7539 ADDENDUM TO SUBPOENA 07078020 12/25/08 KAREN M. HOLLER AND DALE D. HOLLER VS. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SEE ATTACHED ADDENDUM PERTAINING TO KAREN M. HOLLER (222 N. PINE ST., YORK, PA, DOB 06/08/61, SSN 201-52-6966). Jul-87-08 16:03 From-MMUG 717-651-9630 T-760 P-004/004 F-329 PAGE 3 OF 3 Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Karen M. Holler; Date of Birth: 618161; Social Security No. 201-52-6966. 07078020 12/25/08 COMMONWEAM OF PENNSYLVANIA COUNTY OF CUMBFEMAND KAREN M. HOLLER AND DALE D. HOLLER Court of Common Pleas • 07-7539 Vs. File No. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 CUSTODIAN OF THE RECORDS OF REHABILITATION MEDICINE 25 MONUMENT RD. S-175 TO: YORK PA 17403 (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 ADDENDUM at gyrogn ropy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carmliance, 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 b this s (20) days after its service the by u?'n3 within twenty party serving this subpoena may seek a court order carpel ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241---5-858 SUPREME COURT ID # ATTORNEY FOR:DEFENDANT DATE: S a o the Court ISSUED ON: IM 08 BY THE 000RT: Pro tar-y , Ci it Division Deputy (Eff. 7/97) NO. 07-7539 ADDENDUM TO SUBPOENA 07078020 12/25/08 KAREN M. HOLLER AND DALE D. HOLLER VS. KARNS PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD SEE ATTACHED ADDENDUM PERTAINING TO KAREN M. HOLLER (222 N. PINE ST., YORK, PA, DOB 06/08/61, SSN 201-52-6966). Jul-07-08 16:03 From-MMUG 717-651-9630 T-760 P-004/004 F-329 PAGE 3 OF 3 Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Karen M. Holler; Date of Birth: 618161; Social Security No. 201-52-6966. N 07078020 112/25/08 OF PENNSYLVANM COUNTY OF QUID KAREN M. HOLLER AND DALE D. HOLLER Vs. File No. KARES PRIME AND FANCY FOOD, LTD., T/D/B/A KARNS FOOD Court of Common Pleas 07-7539 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF EAST YORK DIAGNOSTIC CENTER 2250 E. MARKET ST. TO: YORK PA 17402 of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doc rents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 carpe l l i rg you to ca, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: 241-5658 SUPREME COURT ID # ATTORNEY FOR DEFENDANT DATE: ////Q? Seal of the Court ISSUED ON: AM O o BY THE COURT - Pro tart' , ivil Division Deputy (Eff. 7/97) NO. 07-7539 ADDENDUM TO SUBPOENA 07078020 12/25/08 KAREN M. HOLLER AND DALE D. HOLLER VS. KARES PRIME AND FANCY FOOD, LTD., T/D/B/A KARES FOOD SEE ATTACHED ADDENDUM PERTAINING TO KAREN M. HOLLER (222 N. PINE ST., YORK, PA, DOB 06/08/61, SSN 201-52-6966). Jul?07-08 16:03 From-MMUG 717-651-9630 T-T60 P-004/004 F-329 PAGE 3 OF 3 Instructions for MEDICAL. records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Karen M. Holler; Date of Birth: 6/8/61; Social Security No. 201-52-6966. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 154?) day of August, 2008, I served a copy of the Certificate- Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via First Class United States mail, postage prepaid as follows: Steven D. Stambaugh, Esquire Stambaugh Law, P.C. 2121 South Queen Street York, PA 17403 Attorney for Plaintiffs SUSAN M. WILLIAMS _?i KAREN M. HOLLER and COURT OF COMMON PLEAS DALE D. HOLLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 07-7539 VS. CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD t/d/b/a KARNS FOOD JURY TRIAL DEMANDED Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel for Defendant Karns Prime and Fancy Food, Ltd t/d/b/a Karns Food in the above-captioned case. MARSHALL DENNEHEY WARNER COLEMAN & OGGIN By: _ Stephen J. Ba vage, Esquir I.D. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ¦¦rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr? r? c-I a l ko .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION KAREN M. HOLLER and DALE D. HOLLER VS. No. 07-7539 KARNS PRIME AND FANCY FOOD, LTD.* t/d/b/a KARNS FOOD PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant Karns Prime and Fancy Food, Ltd t/d/b/a Karns Food in the above case. DATE: January 15, 2009 25 East Marshall Street Norristown PA 19401 Telephone: (610) 272-4455 Telefax: (610) 272-2242 r.a Q T['i _ ?,? ?^ r1 i `?.: r _ _ ... _ ? ?, `? `.",. i ?. ]i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION KAREN M. HOLLER and DALE D. HOLLER VS. File No. 07-7539 KARNS PRIME AND FANCY FOOD, LTD* t/d/b/a KARNS FOOD DEMAND FOR JURY TRIAL TO THE CLERK OF SAID COURT: Defendant, Karns Prime and Fancy Food, Ltd. t/d/b/a Karns Food, hereby demand a Trial by a Jury of Twelve (12) persons in the above titled matter. DATE: January 15, 2009 Esq Stutman Izes, Esquire.- 10. #54503 GAZAN & JOHN, P.C. 25 East Marshall Street Norristown, PA 19401 Telephone: 610) 272-4455 Telefax: (610) 272-2242 c? :3 ~D VP Judith Stutman Izes, Esquire Attorney I.D. #54503 GAZAN & JOHN, P.C. 25 East Marshall Street Norristown, PA 19401 (610) 272-4455 KAREN M. HOLLER and DALE D. HOLLER, h/w vs. KARNS PRIME AND FANCY FOOD, LTD: t/d/b/a KARNS FOOD Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 07-7539 CIVIL ACTION - LAW NOTICE OF DEPOSITION Notice is hereby given that pursuant to Pennsylvania Rule of Civil Procedure 4007, the deposition of Karen Holler will be taken on Wednesday, April 15, 2009 at 10:00 a.m. promptly in the Offices of Stambaugh Law, P.C., 2121 South Queen Street, York, PA 17403, before the Official Court Stenographer of the Court of Common Pleas or such other court stenographer, notary public, officer or official as is entitled to administer oaths. These depositions shall continue from day to day thereafter until completed. You are asked to notify your agent(s) to be present at the said time and place and you are invited to attend and participate in the examination. , P.C. Date: 5,4'0 by: Judithl fm4 Izes, Esquire ?? ??; ?.? c?=, c „?, °- ` ??" ? `!T ?. Q SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff T1 17- P% ??„t+ Itinttrr??? Jody S Smith Chief Deputy .?O10 JAN 27 ai`i 2= 5Q- Edward L Schorpp Solicitor Off E F -Hr S?44: iv ? Tammac Holdings Corp. vs. Mildred D. Holland Case Number 2009-7539 SHERIFF'S RETURN OF SERVICE 01/25/2010 05:33 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 1735 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Mildred D. Holland, by making known unt ildred D. Holland personally, at 5169 E Trindle Road, Lot # 35, Mechanicsburg, Cumberlapg Coun ennsylvania 17055 its contents and at the same time handing to her personally the said true qhdArrejft c pv of the same. SHERIFF COST: $48.44 January 26, 2010 SO ANSWERS, 9? RON Y ANDE SON, SHERIFF ({) CcuntySuite Sheriff, I eleoso`t. 6ic KARNS PRIME AND FANCY FOOD, LTD: t/d/b/a KARNS FOOD, Defendant JURY TRIAL DEMANDED rv _l - IN THE COURT OF COMMON PLEAS OF r - 1 CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. HOLLER and DALE NO. 07-7539 ^'' +; ' ?° ' rc1 D. HOLLER, her husband, c n Plaintiffs Y? - VS. CIVIL ACTION - LAW PRAECIPE TO SATISFY, DISCONTINUE & END TO THE PROTHONOTARY: Please mark the above captioned case settled and satisfied and discontinued. Stambaugtyl*r-, Date: February l 2010 I.IY'# 643 Aftorney r PI tiffs 2121 So th Queen Street York, PA 17403 (717) 846-1400 uire STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA 41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. HOLLER and DALE D. HOLLER, her husband, Plaintiffs VS. NO. 07-7539 CIVIL ACTION - LAW KARNS PRIME AND FANCY FOOD, LTD: t/d/b/a KARNS FOOD, : Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rachelle L. Seeds, of the law firm of Stambaugh Law, P.C., attorneys for Plaintiffs, do hereby certify that I am this day serving a copy of the foregoing Praecipe to Satisfy upon counsel in the following manner. BY FIRST CLASS MAIL: Judith Stutman Izes, Esquire Gazan & John 25 East Marshall Street Norristown, PA 19401 STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA Sta augh I,aw, P.Cj 1i Date: February ?, 2010 -? R helle L. Seeds, aralegal to: Steven D. Stambaugh, Esquire I.D. # 64338 Attorney for Plaintiffs 2121 South Queen Street York, PA 17403 (717) 846-1400