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HomeMy WebLinkAbout07-7711William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ Irwin Tolins In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 07 - 7,7// Civil Term Sears Holding Corporation t/a/d/b/a Sears, Roebuck and Company 3333 Beverly Rd. Civil action law Hoffman Estates, IL 60179 Jury Trial Demanded Defendant Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Sears Holding Company t/ a/ d / b / a Sears, Roebuck and Company. Liam P. Dougla , Esq. Attorney for Pl 'ntiff date: December 26, 2007 n 70 a n ° o 7 - L ° n ti . . s. Commonwealth of Pennsylvania County of Cumberland Irwin Tolins In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs Sears Holding Corporation t/a/d/b/a Sears, Roebuck and Company 3333 Beverly Rd. Hoffman Estates, IL 60179 Defendant No. 07 - "17 / 1 Civil Term Civil action law Jury Trial Demanded Writ of Summons To: Sears Holding Corporation t/ a/ d / b / a Sears, Roebuck and Company 3333 Beverly Rd. Hoffman Estates, IL 60179 You are hereby notified that Irwin Tolins has brought an action against you. date: December 26, 2007 William P. Douglas, Esq. Douglas Law Office 43 W. South St. Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Robert L. Sanzo, Esquire Identification No.: 70587 Two Liberty Place, 22'd Floor 50 South 16th Street Philadelphia, PA 19102 215-851-8481 IRWIN TOLINS, V. SEARS, ROEBUCK AND CO., TO THE PROTHONOTARY: Attorneys for Defendant, Sears, Roebuck and Co. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY CIVIL ACTION - LAW No. 07-7711 Jury Trial Demanded Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendant, Sears, Roebuck and Co., in the above-captioned matter. ECKERT SEAMANS CHERIN & MELLOTT LC i By: _ R er L. o, squire Identification No.: 70587 Two Liberty Place 50 South 16th Street, 22nd Floor Philadelphia, PA 19102 215-851-8481 Attorneys for Defendant, Sears, Roebuck and Co. Dated: April 14, 2008 CERTIFICATE OF SERVICE I, Robert L. Sanzo, Esquire, do hereby certify that I have served a true and correct copy of the foregoing Entry of Appearance via United States Postal Service First Class Mail, postage prepaid, as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street P. O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff Robert L. squire Attorneys for Defendant, Sears, Roebuck and Co. Dated: April 14, 2008 - G? C? `i8 i rl l c? 1 C r ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Robert L. Sanzo, Esquire Identification No.: 70587 Attorneys for Defendant, Two Liberty Place, 22'd Floor Sears, Roebuck and Co. 50 South 16th Street Philadelphia, PA 19102 215-851-8481 IRWIN TOLINS, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY CIVIL ACTION - LAW V. No. 07-7711 SEARS, ROEBUCK AND CO., Jury Trial Demanded Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a rule upon plaintiff, Irwin Tolins, to file a Complaint within twenty (20) days or suffer the entry of a Judgment of Non Pros. ECKERT SEAMANS CHERIN & MELLOTT, LLC i By: Roe L. 99&1 Esquire Attorney for Defendant Dated: April 14, 2008 Sears, Roebuck and Co. RULE TO FILE COMPLAINT AND NOW, this /5fk day of April , 2008, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. Pro onotary CERTIFICATE OF SERVICE I, Robert L. Sanzo, Esquire, do hereby certify that I have served a true and correct copy of the Praecipe for Rule to File Complaint, by United States Postal Service First Class Mail, postage prepaid, upon all parties of record as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street P. O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff r Rob L. anzQ; Esquire Attorneys for Defendant, Sears, Roebuck and Co. Dated: April 14, 2008 p-..J cT} t.31 William P. Douglas, Esq. Douglas Law Office 43 W. South St. P.O.B. 261 Carlisle, PA 17013-0261 Telephone 717-243-1790 Irwin Tolins In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 07 - 7711 Civil Term Sears Holding Corporation t / a / d / b / a Sears, Roebuck and Company 3333 Beverly Rd. Hoffman Estates, IL 60179 Civil action law Defendant Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 BY DATE: May 12, 2008 COMPLAINT 1. The plaintiff, Irwin Tolins, is an adult individual residing at 137 W. Vine St., Shiremanstown, Cumberland County, Pennsylvania. 2. The defendant Sears Holding Corporation t/ a / d / b / a Sears, Roebuck and Company, is a corporation trading and doing business in the Commonwealth of Pennsylvania with a place of business located in Cumberland County, Pennsylvania. This defendant shall herein after be referred to as 'Sears'. 3. At all times relevant hereto the defendant Sears, owned and operated and/or leased a store premises which they controlled and held open to the public. 4. On or about July V. 2006, the plaintiff Irwin Tolins was a business invitee of the defendant Sears. 5. On the aforesaid date Irwin Tolins went to the store in search of his sweater he thought he may have misplaced on an earlier visit to the store and as such was a business invitee. 6. After speaking with an employee of the defendant, acting with the scope of his employment, Irwin Tolins followed the employee into the garage area of the store. 7. Unbeknownst to Irwin Tolins was the presence of some type of chemical solvent on the floor of the garage. 8. While traversing the aforesaid the plaintiff slipped and fell on and into the substance that was placed on the floor at the aforesaid premises and was injured. 9. No warning of any kind was given to Irwin Tolins prior to his encountering the aforesaid dangerous condition. 10. Due to the negligence of the defendant's employees, acting within the scope of their employment, the plaintiff, Irwin Tolins, was injured. 11. The defendants were negligent in the following respects; a) in failing to maintain the premises for the intended use. b) in creating the dangerous condition on the premises which they knew or should have known was present. c) in failing to warn the plaintiff Irwin Tolin, of the perilous condition of the area. d) in failing to inspect the area to ascertain that its condition was safe for public use. 12. As a direct and proximate result of the negligence of the defendants the plaintiff, Irwin Tolins, slipped and was injured. 13. As a result of the negligence of the defendants the plaintiff was injured. His injuries include but are not limited to the following: a) injury to his face and arms and shock to his nerves and nervous system b) chemical burns c) destruction of personal property 14. As a result of his injuries the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future. 15. As a result of his injuries the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 16. As a result of his injuries the plaintiff has incurred aggravation and inconvenience, embarrassment and humiliation and a loss of life's pleasures, and will continue to incur the same in the future. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff Irwin Tolins, and against the defendants in an amount in excess of an amount requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully May 12, 2008 , . . AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DUE TO TIME CONSTRAINTS THIS AFFIDAVIT IS SIGNED BY COUNSEL FOR THE PLAINTIFFS. May 12, 2008 C ? t ry W A n =fit NOTICE TO PLEAD ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Robert L. Sanzo, Esquire Identification No.: 70587 Two Liberty Place, 22nd Floor 50 South 16th Street Philadelphia, PA 19102 215-851-8481 brney for Defendant To: Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment T" entered against you. Attorneys for Defendant, Sears, Roebuck and Co. IRWIN TOLINS, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY CIVIL ACTION - LAW V. No. 07-7711 SEARS HOLDING CORPORATION, T/A/D/B/A SEARS, ROEBUCK AND COMPANY, Jury Trial Demanded Defendant ANSWER WITH NEW MATTER OF DEFENDANT, SEARS, ROEBUCK AND CO., (INCORRECTLY DESIGNATED AS SEARS HOLDING CORPORATION T/A/D/B/A SEARS, ROEBUCK AND COMPANY), TO COMPLAINT OF PLAINTIFF IRWIN TOLINS After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph (1) of the complaint. Therefore, those averments are denied. 2. Denied. Answering defendant's proper corporate name is Sears, Roebuck and Co. it is admitted only that answering defendant maintains retail facilities in, among other places, Cumberland County, Pennsylvania. 3. Denied. It is admitted only that answering defendant operates various retail stores throughout the country. However, plaintiff fails to indentify the facility referenced in paragraph (3) of the complaint. Therefore, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph (3) of the complaint, which averments are denied. 4 - 16. Denied. The averments of paragraphs (4) - (16) of plaintiff's complaint constitute conclusions of law and other argumentative allegations denied by the operation of Pennsylvania Rule of Civil Procedure 1029. To the extent that the averments of paragraphs (4) - (16) are deemed factual in nature, said averments are denied. WHEREFORE, defendant, Sears, Roebuck and Co. requests entry of judgment in its favor, and against plaintiff, Irwin Tolins. NEW MATTER 17. If the incident occurred as alleged in the complaint, which is denied, plaintiff sustained no damages in fact or recoverable at law. 18. If plaintiff sustained injuries and damages as alleged, then plaintiff's claims are barred or reduced in accordance with The Pennsylvania Comparative Negligence Act. 19. Plaintiff may have failed to mitigate damages. 20. The actions of individuals or entities other than answering defendant may constitute an intervening, superseding cause of any damages as alleged by plaintiff. 21. Plaintiff's own actions are the proximate cause of any injuries as alleged in the Complaint. 22. No act or omission of answering defendant was a proximate cause, or cause in fact of any alleged loss, injuries or damages allegedly incurred by plaintiff. 2 23. If the incident occurred as alleged, which is denied, said incident was solely the result of plaintiff's own negligence in failing to avoid contact with an open and obvious item or condition. 24. Plaintiff's claims may be barred by the applicable statutes of limitation. 25. Plaintiff's claims may be barred by the doctrine of latches. 26. Plaintiff may have engaged in activities, fully cognizant of the risk involved and thus may have assumed the risk. WHEREFORE, defendant, Sears, Roebuck and Co. requests entry of judgment in its favor, and against plaintiff, Irwin Tolins. ECKERT SEAMANS CHERIN & MELLOTT, LLC By: anzo, Esquire i0Oon IdNo.: 70587 7 Two Liberty Place 50 South 16th Street, 22nd Floor Philadelphia, PA 19102 215-851-8481 Attorneys for Defendant, Sears, Roebuck and Co. Dated: on" , 1-0 1 1 '1 P - CERTIFICATE OF SERVICE I, Robert L. Sanzo, Esquire, do hereby certify that I have served a true and correct copy of the Answer With New Matter of Defendant, Sears, Roebuck and Co. to Complaint of Plaintiff, Irwin Tolins, upon all counsel of record by United States Postal Service First Class Mail, postage prepaid, as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street P. O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff Dated: - 4 rz: ?? Rob6ff L. S o, Esquire t?p7 . .01 ' William P. Douglas, Esquire 43 West South Street Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff IRWIN TOLINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW SEARS HOLDING CORPORA- NO. 07-7711 TION, T/A/D/B/A SEARS, ROEBUCK AND COMPANY JURY TRIAL DEMANDED REPLY TO NEW MATTER 17. Denied. The allegations of the original Complaint are incorporated herein and reference is made thereto. 18. Denied as a legal conclusion to which no response is necessary. 19. Denied. Plaintiff took all steps feasible to mitigate his damages. 20. Denied as a legal conclusion to which no response is necessary. 21. Denied. At all times applicable hereto the plaintiff was acting carefully and prudently. 22. Denied. The allegations of the original Complaint are incorporated herein and reference is made thereto. 23. Denied. The plaintiff had no knowledge nor was it readily open and obvious that the floor had been treated with a slippery substance. 24. Denied as a legal conclusion to which no response is necessary. 25. Denied as a legal conclusion to which no response is necessary. 26. Denied as a legal conclusion to which no response is necessary. WHEREFORE, it is prayed that the New Matter of Sears, Roebuck and Company be dismissed and judgment entered in favor of Irwin Tolins. DOUGLAS LAW OFFICE William P. Douglas, Esquire 43 West South Street Carlisle, PA 17013 717-243-1790 June 23, 2008 Attorney for Plaintiff Affidavit This verification is made pursuant to Pa.R.C.P 1024(c) by counsel for the plaintiff. To the best of the signer's knowledge, information and belief, the foregoing is true and correct. Dated: June 23, 2008 William P. Douglas Attorney for plaintiffs ``c N ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Robert L. Sanzo, Esquire Identification No.: 70587 Two Liberty Place, 22nd Floor 50 South 16'b Street Philadelphia, PA 19102 215-851-8481 IRWIN TOLINS, V. Attorneys for Defendant, Sears, Roebuck and Co. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY CIVIL ACTION - LAW : No. 07-7711 SEARS HOLDING CORPORATION, T/A/DB/A SEARS, ROEBUCK AND COMPANY, Jury Trial Demanded Defendant DEFENDANT, SEARS, ROEBUCK AND CO.'S MOTION TO COMPEL 1. By writ of summons filed on December 26, 2007, plaintiff, Irwin Tolins commenced this civil action against defendant, Sears, Roebuck and Co., (improperly designated as Sears Holding Corporation, t/a/d/b/a Sears, Roebuck and company). 2. Plaintiff filed a complaint against Sears on May 12, 2008. 3. The complaint alleges that plaintiff was injured on or about July 1, 2006 at a Cumberland County Sears auto center. On that date, plaintiff alleges that he went to the auto center in search of a misplaced sweater, thought to have previously been left at the auto center. While at the auto center, plaintiff elected to walk into the garage area through a door marked with a sign stating: "No customers allowed beyond this point unless accompanied by a Sears Associate...." Plaintiff slipped and fell as he attempted to walk across an area of floor treated with a paint remover solvent. Plaintiff alleges undefined injuries to his face, arms and nervous system. He further alleges destruction of undefined personal property. 4. On February 6, 2008, defendant sd Ld plAintiff with interrogatories, (Exhibit A), and a request for production of documents, (Exhibit B). 5. Plaintiff failed to provide any reply whatsoever to defendant's discovery. 6. Defense counsel attempted to resolve this discovery dispute without court intervention: Defense counsel requested plaintiff's overdue discovery answers by July 3, 2008 correspondence addressed to plaintiff's counsel and left a telephone message with plaintiffs counsel. Plaintiff's counsel failed to respond to defense counsel's correspondence or return the phone call. 7. The discovery at issue addresses liability and damages. Without plaintiff's answers, defendant will be unfairly prejudiced in investigating plaintiff's claims and preparing a defense, 8. The Court has not issued any rulings to date in this case. WHEREFORE, defendant, Sears, Roebuck and Co. respectfully request that the Court enter the attached Order. ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Robert L. S o, Esquire Attorneys for Defendant, Sears, Roebuck and Co. Date: July 14, 2008 2 CERTIFICATE OF SERVICE I, Robert L. Sanzo, do hereby certify that I have served a true and correct copy of Defendant, Sears, Roebuck and Co.'s Motion to Compel, via United States Postal Service First Class Mail, postage pre-paid, as follows: William P. Douglas, Esquire, Douglas Law Office 43 West South Street P. O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff By: Robert, squire Attorneys for Defendant, Sears, Roebuck and Co. Date: July 14, 2008 3 EXKTB1T A m a " DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the interrogatory, the following definitions are to be ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Robert L. Sanzo, Esquire Identification No.: 70587 Two Liberty Place, 22"a Floor 50 South 16" Street Philadelphia, PA 19102 215-851-8481 IRWIN TOLINS, Plaintiff V. Attorneys for Defendant, Sears, Roebuck and Co. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION - LAW : No. 07-7711 SEARS HOLDING CORPORATION, T/A/DB/A SEARS, ROEBUCK AND COMPANY, Jury Trial Demanded Defendant INTERROGATORIES OF DEFENDANT, SEARS, ROEBUCK AND CO. ADDRESSED TO PLAINTIFF. IRWIN TOLINS considered to be applicable to all interrogatories contained herein: (A) "Documents" is an all-inclusive term referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term documents includes, without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, and all other such documents tangible or retrievable of any kind. Documents also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, or other form. (B) With respect to documents, the term "identify" means to give the date, title, author and addressee; identify with respect to documents further means: (I) to describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (II) to describe it in a manner suitable for use as a description in a subpoena; (III) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. (C) "Identify" when used in reference to an individual means: (I) to state his/her full name; (II) present residence address or last known residence; (III) present or last known business address; (N) present employer or last known employer; (V) whether ever employed by any parry to this action and, if so, the dates he (she) was employed by such party, the name of such party, and the last position held as an employee of such party. (D) Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (E) "Incident," or "accident," refers to the incident described in plaintiffs complaint from which this action arises. 2 INTERROGATORIES TO PLAINTIFF 1. State for Plaintiff: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident, and date of your marriage to such spouse; (d) Your present residence address and the address of each other residence which you have had during the past five years; (e) Present occupation and the name and address of your employer; (f) Date of birth; and (g) Your Social Security Number. 2. State with specificity and in detail, all injuries that plaintiff alleges he sustained as a result of the incident. 3. If plaintiff received medical treatment, examinations, or therapy because of injuries he alleges were suffered as a result of the incident, identify: (a) The name and address of any hospital or other institution where examinations, treatment, or therapy occurred, the dates of said examinations, treatment, or therapy, the nature of the examinations, treatment, or therapy, the amounts charged, and the findings; (b) Name and address of any person or institution which performed x-rays, CT scans, MRI's or other diagnostic tests, the dates of said x-rays, CT scans, MRI's or other diagnostic tests, the amounts charged, and the findings; (c) The name, address and professional specialty of any doctor or practitioner who examined or rendered treatment to plaintiff, the dates of said examinations or treatment, the nature of the examinations or treatment, the amounts charged, and the findings; and (d) The name and address of each and every ambulance, emergency rescue or transport, police department, fire department, medic, and/or other transportation, emergency, or rescue service, providing transportation, treatment, or other service to plaintiff. 4. As a result of the injuries described above, was plaintiff confined to bed or home? If so, state the dates plaintiff was confined to each. 4 5. Describe with particularity any pain, ailment, complaint, injury, scarring or disability plaintiff presently has as a result of the accident. 6. Is plaintiff still under treatment for injuries he alleges were sustained in the accident? If not, state the date treatment ended. If so, state the full name of the person(s) providing the treatment and the date(s) of the last visit. 5 7. State whether as a result of this incident, plaintiff has been unable to perform any of his duties, or other activities, in the manner as prior to the incident, stating with particularity, the duties and/or activities that plaintiff has been unable to perform and the reasons for the inability to perform such duties and/or activities, the periods of time that plaintiff has been unable to perform said duties and/or activities, and the names and last known addresses of all persons having knowledge thereof. 8. Has plaintiff ever been involved in an accident of any kind within the twenty years preceding the incident or at any time after the incident? If so, state: (a) Date and place of the accident; (b) Names of the parties, (if any besides plaintiff, involved in the accident; (c) Nature of the injuries sustained; (d) Identify each and every hospital and other institution where examinations, treatment, or therapy occurred, the dates of said examinations, treatment, or therapy, the nature of the examinations, treatment, or therapy, and the findings; and (e) Identify each and every doctor or practitioner who examined or rendered treatment to plaintiff, the dates of said examinations or treatment, the nature of the examinations or treatment, and the findings. 6 9. Other than the current action, within the past twenty years, up to and including the present day, has plaintiff ever filed a lawsuit for personal injuries? If so: (a) State the Court, term and number of the suit and the date the suit was filed; (b) Identify the parties to each such lawsuit; (c) Identify the lawyers for the parties to each such lawsuit; (d) State the date or approximate date each such suit was filed; (e) For each such lawsuit, state the date or approximate date of the underlying accident or incident, and describe said accident or incident in detail; (f) Describe the injuries plaintiff sustained in each such lawsuit and explain how said injuries were caused; (g) Identify each physician, therapist, and other health care providers who examined, diagnosed or treated plaintiff for her injuries sustained in each such lawsuit; and (h) Provide the name and address of each hospital, clinic, and other institutions where plaintiff was examined, diagnosed, or treated, with regard to her injuries sustained in each such lawsuit. 7 10. Has plaintiff ever sustained any injuries or had any disease or impairment, before the accident which in any way affected those parts of plaintiff's body injured in this accident? If so, state: (a) Nature of each injury, disease or impairment; (b) Name and address of any hospital, institution, doctor or other person providing treatment; and (c) Dates of the treatment or condition. 11. Has plaintiff sustained any injuries or had any disease or impairment, since the accident which in any way affected those parts of plaintiffs body injured in this accident? If so, state: (a) Nature of each injury, disease or impairment; (b) Name and address of any hospital, institution, doctor or other person providing treatment; and (c) Dates of the treatment or condition. 8 12. Did this accident aggravate a pre-existing medical condition? If so, state the nature of the pre-existing condition and how it was aggravated. 13. Identify, by name and address, plaintiffs current personal or family physician and the name(s) and address(es) of plaintiffs personal or family physician for the last twenty years. In addition, identify, by name and address, each and every health care provider and health care facility which provided treatment to plaintiff over the past twenty years. 9 14. Is plaintiff claiming loss of earnings? If so: (a) Identify each employment from which earnings were lost; (b) State the total amount Of such loss and the computation used to arrive at that sum; (c) List the dates plaintiff was absent from work at any time since the date of the incident for any reason stemming from the incident and state the reasons for said absences; and (d) State plaintiff s rate of pay on the dates of such absences, and whether plaintiff was paid on the dates of those absences. 15. Is plaintiff claiming a loss of earning capacity, or the ability to earn money? If so, state the total amount of such loss, the basis for the claim and the computation of the loss. 10 16. State plaintiffs gross and net income as stated in plaintiff s Federal Income Tax Returns for each year from 2003 to the present date. 17. Does plaintiff claim any other financial losses not listed above as a result of the accident? If so, list those items with detail as to kind, date and amount. 11 18. Set forth the name and home and business addresses of the following persons: (a) Any person(s) you believe to be an eyewitness to the accident or the events leading up to the accident; (b) Those who might not have seen the accident, but were present at or near the scene at the time of the accident; and (c) Those that have any knowledge of or information as to any facts pertaining to this suit, the cause of the accident, events leading up to the accident, the acts of negligence averred in your Complaint, or the facts of any investigation after the accident. 19. At the time of the accident or immediately thereafter, did plaintiff have any conversation with any person at or near the scene of the accident or did any person converse with plaintiff or in plaintiff's presence relevant to the accident or injuries sustained? If so, state: (a) Name and address of each person who spoke; (b) Words or substance of each conversation; and (c) Name and address of any person within hearing distance of the conversation. 12 20. State the names and addresses of all persons who it is plaintiff s intention to call as witnesses at the trial or arbitration of this case. (Other than expert witnesses). 21. Has plaintiff or anyone acting on plaintiffs behalf, obtained from any person, any report, statement, recording, memorandum or testimony, whether signed or not, and by whomever prepared, concerning this accident? If so, attach copies to your Answers and state as to each person: (a) Name and address of the witness or person from whom the item was obtained; (b) Date the item was taken or made; and (c) Name and address of the person obtaining the item. 13 22. State the exact date, time and precise location of the accident and describe in detail how you claim the accident occurred. This interrogatory asks for an answer more detailed and specific than the allegations of plaintiffs Complaint. 23. At the time of the accident, was plaintiff performing business of an employer or if self employed, was plaintiff on work related business. If so, give the name and address of the employer or business. 14 24. At the time of the accident, or within twelve (12) hours prior thereto, did plaintiff ingest any drugs of any kind, medications, or alcoholic beverages? If so, identify the substance ingested, and state the details thereof, including but not limited to the time of said ingestion and quantities of the substance ingested. 25. State whether or not a police department or officer or other public official investigated the accident. If so, state: (a) The name of the municipality; (b) The name of the police officer and badge number; and (c) Whether or not a report was produced and include incident number if known. 15 26. Did plaintiff have a conversation with any of the police officers or other public officials who investigated the accident? If so, state: (a) The name and badge number of each police officer; and (b) The substance of the conversation. 27. List all out of pocket expenses, i.e., expenses allegedly resulting from the accident, whether related to medical treatment, wage loss, or otherwise, not covered by insurance. 16 28. State whether plaintiff has received, or agreed to receive from any person any sum or thing of value for any injuries or damages resulting from the accident referred to in the Complaint and, if so, state amounts received or to be received, dates of payment, and names and addresses of payers. 29. State the total amount of all invoices or bills for examination and/or treatment of any kind, including but not limited to all x-rays and other diagnostic tests, hospital and/or office treatment, and therapy, pertaining to injuries that plaintiff alleges arose, directly or indirectly, from the incident. 17 30. State whether plaintiff has ever made a claim to any insurance company regarding the injuries allegedly sustained in connection with the incident. 31. If the answer to the preceding interrogatory is in the affirmative, identify the insurer, the address of the insurer, the named insured, the policy period, policy number, and claim number, state whether plaintiff gave a statement in connection with such claim, the current status of such claim, and whether any payments were made to plaintiff or on plaintiffs behalf as a result of such claim and the amounts of such payments. 18 32. Identify each medical expert or treating physician you expect to call at the trial of this matter. For each such medical expert or treating physician, state: (a) The subject matter on which the expert or treating physician is expected to testify; (b) The substance of the facts and opinions to which the expert or treating physician is expected to testify; and (c) A summary for the grounds for each opinion. 33. Identify each person whom you expect to call as an expert witness, at the trial of this action and, as to each person so identified, state the subject matter on which the expert is expected to testify. 19 34. As to each expert identified above, have him or her state the following and sign his/her answers: (a) The substance of the facts and opinions to which he/she is expected to testify; and (b) A summary of the grounds for each opinion. 35. With respect to each expert identified in answer to the preceding interrogatory, state the following: (a) A brief chronological resume of the expert's education and professional background, including associations or societies of which he/she is a member, schools attended, including years of attendance and degrees received, experience in particular fields, including names and addresses of employers with inclusive years of employment; and (b) The title, publisher, date and form of all documentary material published by the expert. 20 36. Identify any documents prepared or generated by the expert which in whole or in part contain the facts and opinions to which the expert is expected to testify, for whom prepared and when and identify further each person to whom the document or documents were given or distributed. 37. Identify all factual information supplied to the expert which was used as the basis for his opinion including correspondence, memoranda, reports, tests, plans, specifications, drawings and/or documents of any kind as well as objects and photographs examined. 21 38. Identify each person whom you expect to call as an opinion witness at the time of trial, but who has not been specially retained as an expert witness. 39. For each person identified in response to the preceding interrogatory, state the substance of the facts and/or opinions to which the witness is expected to testify, as well as the basis and rationale for any opinion to be offered. 22 ECKERT SEAMANS CHERIN & MELLOTT, LLC r By: / Robert L. Sanzo, squire Identification No.: 70587 Two Liberty Place 50 South 160i Street, 22"d Floor Philadelphia, PA 19102 215-851-8481 Attorneys for defendant, Sears, Roebuck and Co. Date: May 28, 2008 23 CERTIFICATE OF SERVICE I, Robert L. Santo, Esquire, do hereby certify that I have served a true and correct copy of Interrogatories of Defendant, Sears, Roebuck and Co. Addressed to Plaintiff Irwin Tolins by United States Postal Service First Class Mail, postage prepaid, as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street P. O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff Robert . Santo, 9 squire Attorneys for defendant, Sears, Roebuck and Co. Dated: February 6, 2008 24 EXHIBIT B r' ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Robert L. Sanzo, Esquire Identification No.: 70587 Attorneys for Defendant, Two Liberty Place, 22nd Floor Sears, Roebuck and Co. 50 South 16" Street Philadelphia, PA 19102 215-851-8481 IRWIN TOLINS, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY CIVIL ACTION - LAW V. No. 07-7711 SEARS HOLDING CORPORATION, T/A/D/B/A SEARS, ROEBUCK AND COMPANY, Jury Trial Demanded Defendant REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, SEARS, ROEBUCK AND CO. ADDRESSED TO PLAINTIFF. IRWIN TOLINS DEFINITIONS (a) These requests are continuing in nature and you should file supplementary responses in the event that you later should obtain possession or control of documents within the scope of this request. (b) The term "document(s)" or "writing(s)" means any written, recorded, or graphic matter, however produced or reproduced and whether or not now in existence, and includes the original, all file copies, all other copies no matter how prepared, and all drafts prepared in connection with such documents, whether used or not. It further includes and is not limited to, papers, books, records, catalogs, price lists, pamphlets, periodicals, letters correspondence, scrapbooks, notebooks, bulletins, circulars, forms, notices, postcards, telegrams, deposition transcripts; contracts, agreements, leases; reports, studies, working papers; charts, proposals, graphs, r? sketches, diagrams; indexes; maps; analyses, statistical records, reports, results of investigations, reviews; ledgers, journals, balance sheets, accounts, books of accounts, invoices, vouchers, purchase orders, receipts, expense accounts, canceled checks, bank checks, statements; sound and tape recordings, videotapes, audiotapes; memoranda (including any type or form of notes, memoranda or sound recordings of personal thoughts, recollections or reminders, or of telephone or other conversations, or of acts, activities, agreements, meetings, or conferences); photostats, microfilm; instruction lists or forms; computer printouts or other computer data; minutes of director or committee meetings, interoffice or intra office communications, diaries, calendar or desk pads, stenographers' notebooks, appointment books; and other papers or matters similar to any of the foregoing, however denominated, whether received by you or prepared by you for your own use or transmittal. If a document has been prepared in several copies, or additional copies have been made, and the copies are not identical (or which, by reason of subsequent modification or notation, are no longer identical), each non-identical copy is a separate "document." (c) If particular documents are not available or no longer exist, state the precise reasons for their unavailability or non-existence. If particular documents are unavailable because they are not in your possession, please identify their location and the person or persons from whom they may be obtained. (d) With respect to any document requested herein that you withhold from production on the ground of privilege, identify each such document in your possession, specifying its author and address (the persons to whom copies were furnished, its date, its subject matter, and the basis of your claim of privilege). 2 (e) "Incident," "accident," refers to the incident described in plaintiffs' complaint from which this action arises. REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFFS Request No. 1: Color copies or positive prints of any and all photographs, films or videotapes depicting the scene of the accident, and/or any item or condition allegedly involved, directly or indirectly in the alleged accident. Request No. 2: Color copies or positive prints of any and all photographs, films or videotapes which depict or purport to depict any aspect of plaintiffs injuries alleged to have been sustained in the incident. Request No. 3: Copies of any and all statements, as that term is defined by Pa. R.C.P. 4003.4, of any and all witnesses, including any and all statements by plaintiffs or defendants. Request No. 4: All reports and Curricula Vitae of all experts expected to be called as witnesses at the time of trial. Request No. 5: A copy of each non-privileged document, pertaining to any civil action, (other than the current one), workers compensation proceeding, and/or other legal proceeding, concerning the incident, including but not limited to: correspondence; medical records and reports, (including any reports concerning record reviews and/or independent medical exams); transcripts of deposition testimony, hearing and/or trial testimony including testimony of plaintiff and all others; discovery; pleadings; orders; and judicial and/or administrative opinions. Request No. 6: Copies of all investigative reports, including but not limited to, any state or municipal police accident or incident reports, which relate to the incident. Request No. 7: Copies of all invoices or bills regarding all treatment of any injuries allegedly sustained by plaintiff, as a result of the incident. 3 Request No. 8: Copies of all medical records, hospital records, physicians' notes, nurses' notes, therapists' notes, diagnostic test reports, diagnostic films, discharge summaries, emergency room records, emergency transport records, admission notes, or other medical documentation which refer to or relate to description, diagnosis, care, and/or treatment of any injuries allegedly sustained by plaintiff, as a result of the incident. Request No. 9: For each claim for personal injuries brought by plaintiff, within the past twenty years, up to and including the present day, other than the current action, copies of all: (a) Medical records regarding plaintiffs treatment for injuries related to the claim; (b) Pleadings related to each claim; (c) Transcripts of testimony and/or statements regarding said claim; (d) Discovery served on and answered by plaintiff in each claim; and (e) All documents produced in discovery in each claim. Request No. 10: Regarding prior or subsequent injuries affecting those parts of plaintiffs body alleged to be affected in this action, copies of all medical records regarding plaintiff's treatment. Request No. 11: Copies of any transcripts or testimony concerning the incident, or injuries resulting therefrom, given by plaintiff or any other persons in connection with any application for social security disability benefits, workers compensation benefits, application for or arbitration concerning insurance benefits, or any other hearing or proceeding arising out of or related to the incident. This request should be understood to include deposition testimony and extends not only to testimony given by plaintiff, but also others, including physicians, employers, and witnesses to the incident. Request No. 12: If any form of past or future wage loss claim or earning capacity claim is alleged, copies of all of plaintiff s federal income tax returns, with enclosures, schedules, and attachments, for calendar years 2003 through to the present. Request No. 13: Copies of all tests, test results, correspondence, medical or other records, and any other materials or documents relied upon by any experts who will testify at trial for plaintiff. 4 Request No. 14: Copies of all documents which plaintiff contends supports his claims for pecuniary loss, including but not limited, any claims for loss of income, loss of earning capacity, or other damages. Request No. 15: Copies of all correspondence, including applications for benefits, between plaintiff and any insurance carrier or other individuals or entities, regarding the incident. This request does not include communications protected by the attorney-client privilege. Request No. 16: Copies of all documents relating or referring to any accident investigation of the subject accident, conducted by plaintiffs, their representatives or insurers. This request does not include within its scope, documents not discoverable pursuant to Rules 4003.3, 4003.5(3) or the attorney client privilege. Request No. 17: Copies of every release, covenant not to sue or settlement agreement, or such documents that pertain to any hold harmless arrangement entered into between plaintiff and any other entities or individuals. ECKERT SEAMANS CHERIN & MELLOTT, LLC By: Robert L. squire Identification No.: 70587 Two Liberty Place 50 South 16" Street, 22nd Floor Philadelphia, PA 19102 Telephone: 215-851-8481 Attorneys for defendant, Sears, Roebuck and Co. Date: May 28, 2008 5 CERTIFICATE OF SERVICE I, Robert L. Sanzo, Esquire, do hereby certify that I have served a true and correct copy of Request for Production of Documents of Defendant, Sears, Roebuck and Co. Addressed to Plaintiff, Irwin Tolins by United States Postal Service First Class Mail, postage prepaid, as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street P. O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff Robert L. squire Attorneys for defendant, Sears, Roebuck and Co. Date: May 28, 2008 6 Z? . -5 1 Y ?. C?1 JUL 162004 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IRWIN TOLINS, Plaintiff CIVIL ACTION - LAW V. No. 07-7711 SEARS HOLDING CORPORATION, T/A/D/B/A SEARS, ROEBUCK AND COMPANY, Jury Trial Demanded Defendant RULE TO SHOW CAUSE tti, AND NOW, this 16 day of L11 , 2008, after consideration of defendant, Sears, Roebuck and Co.'s Motion to Compel Discovery Answers, it is hereby ORDERED that: (1) a Rule is issued upon the respondent, Irwin Tolins to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within 10 days of service upon the respondent; (3) the petition shall be decided under Pa. R.C.P. 206.7; (4) depositions shall be completed within forty-five days of the service upon petitioner of the answer to the petition; (5) notice of the entry of this Order shall be provided to all parties by the petitioner. By the Court: vv? J. ' CIOD 9 C: I I R 91 7ir HE ?o1?1'G iJY j Vil'i ( i,_ i7 "Hi JO F. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: IRWIN TOLINS -vs- SEARS, ROEBUCK AND CO. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-7711 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/14/2008 R1.90 133-H ROBERT L. SANZO, ESQ. Attorney for DEFENDANT DE11-0785222 87367-LO1 t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: IRWIN TOLINS -vs- SEARS, ROEBUCK AND CO. COURT OF COMMON PLEAS TERM, CASE NO: 07-7711 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROBERT L. SANZO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/22/2008 CC: ROBERT L. SANZO, ESQ. - 292506-00186 Any questions regarding this matter, contact WILLIAM P. DOUGLAS, ESQ. 43 WEST SOUTH STREET CARLISLE, PA 17013 MCS on behalf of ROBERT L. SANZO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 133-H DE02-0409069 87367-CO1 >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED COMFORT CARE PHYSICAL THERAPY MEDICAL AND X-RAY PREMIERE EYE CARE MEDICAL AND X-RAY DR. PETER BRIER MEDICAL AND X-RAY HOLY SPIRIT HOSPITAL MEDICAL HOSPITAL HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY LOWER ALLEN TOWNSHIP E.M.S. EMS RECORDS WESLEY D. VANDER ARK, M.D. MEDICAL AND X-RAY PAGE: 1 R1.71S 133-H DE02-0409069 87367-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS VS. File No. 07-7711 SEARS, ROEBUCK AND CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMFORT RE PHYSICAL JHER Any (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 R MER * * * * at The M OR .ro n Inc.. 1601 Market Street Suite 800 P ilad lU a, PA M03 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO ES ADDRESS: TWn i.MPRTV nr A017 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 14 2008 Date: Seal of the Court BY THE URT: 6hon-otary-/-Cl'erk, Civil Divisi? Deputy 87367-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMFORT CARE PHYSICAL THERAPY 205 GRANDVIEW AVE. CORPORATE PLACE CAMP HILL, PA 17011 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ****SEE ATTACHED SCHEDULE A**** Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social security #: XXX-XX-4225 Date of Birth: 08-22-1927 R1.71S 133-H SU10-0752594 87367-LO1 SCHEDULE A Duces Tecum You are hereby requested to designate a person to appear at deposition and produce at that time, for examination and reproduction: All records in your possession, custody or control for your patient IItVVM S. TOI,INS (Date of Birth_ _ 08/22/1927; SSN: 112-80-4225), including but not limited to all clinical notes, diagnostic test reports, diagnostic films, narrative medical reports, progress records, correspondence with legal counsel, and billing records for treatment rendered. Please note this subpoena includes within its scope the production of all diagnostic films. If copies of documents are provided in lieu of producing originals for examination and reproduction, please insure that the copy supplied includes the face and reverse side of each such document or record. You are hereby advised that the attached subpoena pertains to all records in your possession, custody or control, and is not limited to any particular incident or period of time. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS IRWIN TOLINS TERM, CUMBERLAND -VS- CASE NO: 07-7711 SEARS, ROEBUCK AND CO. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and ,4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/14/2008 ROBERT L. SANZO, ESQ. Attorney for DEFENDANT 81.90 133-H DE11-0785224 87367-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS vs. File No. 07-7711 SEARS, ROEBUCK AND CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PREMIERE EYE CARE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:- ****SEE ATTACHED-RIDER **** at The MCS Groun Inc-- 1601-Market Street Snit 800 P iladeln is PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO ES ADDRESS: TWO LTRFRTV PT At-P. TELEPHONE: (215) .246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 14 2008 Date: Seal of the Court BY THE OURT: Nroonotary/Clerk, Civil Divisi Deputy 87367-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PREMIERE EYE CARE 92 TUSCARORA STREET HARRISBURG. PA 17104 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ****SEE ATTACHED SCHEDULE A**** Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social Security #: XXX-XX-4225 Date of Birth: 08-22-1927 :1.715 133-H SU10-0752596 87367-LO2 SCHEDULE A Ducey Tecurn You are hereby requested to designate a person to appear at deposition and produce at that time, for examination and reproduction: All records in your possession, custody or control for your patient IRWIN S. TOI,INS (Date of Birth: _ 08/22/1927; SSN: 112-80-4225), including but not limited to all clinical notes, diagnostic test reports, diagnostic films, narrative medical reports, progress records, correspondence with legal counsel, and billing records for treatment rendered. Please note this subpoena includes within its scope the production of all diagnostic films. If copies of documents are provided in lieu of producing originals for examination and reproduction, please insure that the copy supplied includes the face and reverse side of each such document or record. You are hereby advised that the attached subpoena pertains to all records in your possession, custody or control, and is not limited to any particular incident or period of time. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS IRWIN TOLINS TERM, CUMBERLAND -vs- CASE NO: 07-7711 SEARS, ROEBUCK AND CO. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/14/2008 90 133-H MCS on behalf of ROBERT L. SANZO, ESQ. Attorney for DEFENDANT DE11-0785227 87367-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS vs. File No. 07-7711 SEARS, ROEBUCK AND CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. PETER BRIER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ **** SEE ATTACHED RIDER **** at The MC Group. Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO ESO ADDRESS: TWO LIBERTY PLACE-22ND F 50 S. 16TH T EFT PHILADELPHIA, PA 19102 TELEPHONE: (2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 9,p * OOCIA 4 Q Seal of the Court J-* j Wrothonotairy/Clerk, E OURT: Civil ivi Deputy 87367-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. PETER BRIER 108 LOWTHER STREET LEMOYNE, PA 17043 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ****SEE ATTACHED SCHEDULE A**** Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social Security #: XXX-XX-4225 Date of Birth: 08-22-1927 R1.71S 133-H SU10-0752598 87367-L03 SCHEDULE A Daces Tecum You are hereby requested to designate a person to appear at deposition and produce at that time, for examination and reproduction: All records in your possession, custody or control for your patient IR%IN S. TOI,INS (Date of Birth: _ 08/22/1927; SSN: 112-80-4225), including but not limited to all clinical notes, diagnostic test reports, diagnostic films, narrative medical reports, progress records, correspondence with legal counsel, and billing records for treatment rendered. Please note this subpoena includes within its scope the production of all diagnostic films. If copies of documents are provided in lieu of producing originals for examination and reproduction, please insure that the copy supplied includes the face and reverse side of each such document or record. . You are hereby advised that the attached subpoena pertains to all records in your possession, custody or control, and is not Limited to any particular incident or period of time. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS IRWIN TOLINS TERM, CUMBERLAND -VS- CASE NO: 07-7711 SEARS, ROEBUCK AND CO. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/14/2008 ROBERT L. SANZO, ESQ. Attorney for DEFENDANT R1.90 133-H DEII-0785232 87367-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS vs. SEARS, ROEBUCK AND CO. File No. 07-7711 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED IDER * * * * at The MCS Gr=. Inc.. 1601 Market Street. Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO. ESO. ADDRESS: TWO LIBERTY PLACE-22ND FI 50 S. 16TH STREET PHILADELPHIA. PA 1910 TELEPHONE: (215) 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant . OCT 14 2008 Date: Seal of the Court BY THE URT: rot onotary/Clerk, Ci4Divii Deputy 87367-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL. PA 17011 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ****SEE ATTACHED SCHEDULE A**** Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social Security #: 112-80-4225 Date of Birth: 08-22-1927 R1.71S 133-H SU10-0752600 87367-LO4 SCHEDULE A Duces Tecum you are hereby requested to designate a person to appear at deposition and produce at that time, for examination and reproduction: All records in your possession, custody or control for your patient IRWIN S. T©I.INS (Date of Birth:. 08/22/1927; SSN: 112-80-4225), includimg but not limited to all clinical notes, diagnostic test reports, diagnostic films, narrative medical reports, progress records, oorrespondence with legal counsel, and billing records for treatment rendered. Please note this subpoena includes within its scope the production of all diagnostic films. if copies of documents are provided in lieu of producing originals for examination and reproduction, please insure that the copy supplied includes the face and reverse side of each such document or record. You are hereby advised that the attached subpoena pertains to all records in your possession, custody or control, and is not limited to any particular incident or period of tirne. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS IRWIN TOLINS TERM, CUMBERLAND -VS- CASE NO: 07-7711 SEARS, ROEBUCK AND CO. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/14/2008 ROBERT L. SANZO, ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0785233 87367-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS File No. 07-7711 VS. SEARS, ROEBUCK AND CO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The M . Group- ne.. 1601 Market Street. Suite 800, P ilade42 ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO. ES ADDRESS: TWO LIBERTY PL.ACR. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: ro onotary/Clerk, Civil Divisi OCT 14 2008 Date: -.,I ha 6095 Deputy Seal of the Court 87367-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL BILLING DEPT. 503 N. 21ST STREET CAMPHILL, PA 17011 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social Security #: 112-80-4225 Date of Birth: 08-22-1927 1.715 133-H SU10-0752602 87367-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS IRWIN TOLINS TERM, CUMBERLAND -VS- CASE NO: 07-7711 SEARS, ROEBUCK AND CO. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/14/2008 ROBERT L. SANZO, ESQ. Attorney for DEFENDANT I R1.90 133-H DE11-0785238 87367-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS VS. SEARS, ROEBUCK AND CO File No. 07-7711 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group, Inc. - 1601 Market Street. Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO. ES ADDRESS: TWO LIBFRTY PLACR TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 14 2008 Date: Seal of the Court BY THE OURT: '7? r thonotary/Clerk, Civil Division7---' Deputy 87367-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING DIAGNOSTIC FILMS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social Security #: 112-80-4225 Date of Birth: 08-22-1927 1.715 133-H SU10-0752604 87367-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS IRWIN TOLINS TERM, CUMBERLAND -VS- CASE NO: 07-7711 SEARS, ROEBUCK AND CO. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/14/2008 ROBERT L. SANZO, ESQ Attorney for DEFENDANT IR1.90 133-H DE11-0785240 87367-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS vs. File No. 07-7711 SEARS, ROEBUCK AND CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LOWER ALLEN TOWN HIP M (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MC *mun Inc 1601 Market Street. Suite 800 P iiladelp ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO ES ADDRESS: TWO LiRFRTV PT.AC'F. TELEPHONE: _( 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 14 2008 Date: t Seal of the Court BY THE OURT. ro honotary/Clerk, Civil Dl? Deputy 87367-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LOWER ALLEN TOWNSHIP E.M.S. 1993 HUMMEL AVENUE CAMP HILL, PA 17011 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. EMS RECORDS Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social Security #: XXX-XX-4225 Date of Birth: 08-22-1927 R1.71S 133-H SU10-0752606 87367-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS IRWIN TOLINS TERM, CUMBERLAND -VS- CASE NO: 07-7711 SEARS, ROEBUCK AND CO. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/14/2008 ROBERT L. SANZO, ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0785244 87367-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS vs. File No. 07-7711 SEARS, ROEBUCK AND CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records forWESLEY D V NDER ARK„ M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER ****- at The MCS Groun Ine 1601 Market Street , -Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO ESO ADDRESS: TWO LIBERTY PLACE-22ND F 50 S. 16TH 4 F .T PHILADELPHIA, PA 19102 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 14 2008 Date: S Seal of the Court BY TH P THE C URT: o onotary/Clerk, Civil Divisio Deputy 87367-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WESLEY D. VANDER ARK. M.D. 890 POPLAR CHURCH ROAD SUITE 300 CAMP HILL. PA 17011 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ****SEE ATTACHED SCHEDULE A**** Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social security #: XXX-XX-4225 Date of Birth: 08-22-1927 R1.71S 133-H SU10-0752608 87367-LO8 SCHEDULE A Ducey Tecum You are hereby requested to designate a person to appear at deposition and produce at that time, for examination and reproduction: All records in your possession, custody or control for your patient IRWIN S. TOIJNS (Date of Birth: _ 08/22/1927; SSN:.112-80,4225), including but not limited to all clinical notes, diagnostic test reports, diagnostic films, narrative medical reports, progress records, correspondence with legal counsel, and billing records for treatment rendered. Please note this subpoena includes within its scope the production of all diagnostic films. If copies of documents are provided in lieu of producing originals for examination and reproduction, please insure that the copy supplied includes the face and reverse side of each such document or record. You are hereby advised that the attached subpoena pertains to all records in your possession, custody or control, and is not limited to any particular incident or period of time. 4.:%D f ' ?? ? • t ' • -? i,, tip Y f f ??•? .} .. ,.._-. : f ? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: IRWIN TOLINS -VS- SEARS, ROEBUCK AND CO. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-7711 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT L. SANZO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/13/2008 ROBERT L. SANZO, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0801833 87367-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: IRWIN TOLINS -VS- SEARS, ROEBUCK AND CO. COURT OF COMMON PLEAS TERM, CASE NO: 07-7711 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. DONALD NARDIS, M.D. MEDICAL TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROBERT L. SANZO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/22/2008 CC: ROBERT L. SANZO, ESQ. - 292506-00186 MCS on behalf of ROBERT L. SANZO, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. WILLIAM P. DOUGLAS, ESQ. 1601 MARKET STREET 43 WEST SOUTH STREET #800 PHILADELPHIA, PA 19103 CARLISLE, PA 17013 (215) 246-0900 R1.72S 133-H DE02-0423559 87367-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN TOLINS VS. SEARS, ROEBUCK AND CO. File No. 07-7711 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR DONALD N e RDIS M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grqup Inc 1601 Market Street, Suite 800 Philadel; hia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT L. SANZO. ES ADDRESS: TWO LIBERTY PLACE PHILADELPHIA. PA 19102 TELEPHONE: (215) 46-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: 1l/ /fJ///X z z Prothonotary/Clerk, Civil DivisioV Dep 87367-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DONALD NARDIS. M.D. 802 SIMPSON STREET MECHANICSBURG. PA 17055 RE: 87367 IRWIN TOLINS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS. Dates Requested: up to and including the present. Subject : IRWIN TOLINS Social Security #: XXX-XX-4225 Date of Birth: 08-22-1927 21.72S 133-H SU10-0757318 87367-LO9 c ? ri w, - 70 ALEL, ; wf THE FF' DOUGLAS LAW OFFI410 MAY 17 PM, 3= U0 By: William P. Douglas, q ire Identification No.: 7058'=''?J 4jt 43 West South Street PEI',,"' S Y€`VANIA Attorneys for Plaintiff, Irwin Tolins Carlisle, PA 17013 IRWIN TOLINS, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW V. No. 07-7711 SEARS, ROEBUCK AND CO., Jury Trial Demanded Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END To the Prothonotary: Kindly mark the above-captioned matter settled, discontinued and ended with prejudice. DOUGLAS LAW OFFICE William P. Douglas, Esquire Attorney for Plaintiff, Irwin Tolins