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Home My WebLink About08-2149Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GAYANN OSWANDEL and : IN THE COURT OF COMMON PLEAS GARY OSWANDEL, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, Defendant NO. 08- o'll?q Cavil hrrr? : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 LAWYER REFERRAL SERVICE 213 North Front Street, Harrisburg, PA 17101 Telephone: (717) 232-7536 Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GAYANN OSWANDEL and : IN THE COURT OF COMMON PLEAS GARY OSWANDEL, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, : Defendant : CIVIL ACTION - LAW AVISO Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las p6ginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despu6s de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacibn pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI LISTED NO HACE QUE UN ABOGADO VAYAAO LLAME PORTELEFONO La OFICINA DISPUESTAABAJO. ESTAOFICINA PUEDE PROVEER DE LISTED LA INFORMACI6N SOBRE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE LISTED LA INFORMACIbN SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 213 North Front Street, Harrisburg, PA 17101 Telephone: (717) 232-7536 F:\WP Directories\CMS\SGH\Oswandel\Complaint 04-01-08.wpd Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@HHRLawcorn GAYANN OSWANDEL and GARY OSWANDEL, her husband, Plaintiffs V. DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. D a/qg C,?j I c- CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Gayann Oswandel and Gary Oswandel, her husband, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendant, Doc Holliday's New Cumberland t/d/b/a Doc Holliday's and avers as follows: 1. Plaintiff, Gayann Oswandel, is an adult individual currently residing at 313 Feeser Road, Harrisburg, Dauphin County, Pennsylvania 17109. 2. Plaintiff, Gary Oswandel, is an adult individual currently residing at 313 Feeser Road, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, is a corporation registered and established under the laws of Pennsylvania, doing business at a location at 110 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania 17070 (hereinafter referred to as "Defendant's Premises") 4. Defendant Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, is a corporation registered and established under the laws of Pennsylvania, with a registered office at 930 Red Rose Court, Suite 300, Lancaster, Lancaster County, PA 17601-1985. 5. At all times material hereto, Plaintiff, Gayann Oswandel, was a business invitee upon said premises. 6. At all time material hereto, Defendant, who had exclusive control of said Premises, failed to provide adequate lighting in its place of business. 7. At all times material hereto, there were no warning signs posted on the Premises warning of steps or to watch one's step. 8. On or about December 8, 2006, Plaintiff, Gayann Oswandel, was on the Defendant's Premises moving from the dining area and walking towards the comedy club. While leaving the dining area she missed a one-step step down due to poor lighting and lack of posted signs indicating an upcoming step and as a result Ms. Oswandel fell causing personal injuries as detailed more specifically hereinafter. 2 COUNT I - NEGLIGENCE Gayann Oswandel v. Doc Holliday's New Cumberland Inc t/d/b/a Doc Holliday's 9. Plaintiff, Gayann Oswandel, incorporates and makes part of this Count paragraphs 1 through 8 above, as if the same were set forth fully below. 10. At all times material hereto, Plaintiff, Gayann Oswandel, believes and therefore avers that Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, was in ownership, possession, management and control of the Premises and was responsible for maintaining the safe condition of the property known as a Doc Holliday's located at 110 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania 17070. 11. The occurrence of the aforementioned incident and the resulting injuries to the Plaintiff, Gayann Oswandel, were caused directly and proximately by the negligence of the Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (a) In causing or permitting the lighting conditions to be too dim as to prevent a business invitee or other patron from being able to see the condition of the floor in front or around him/her; (b) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition imposed by the dim lighting, and thereby allowing the same to be and 3 remain a dangerous condition when the Defendant knew or should have known of it; (c) In failing to ensure that the stairs at said premises were maintained in a safe condition to prevent injury to the Plaintiff or other persons lawfully on the Premises; (d) In failing to post a warning sign or device in the area to notify of the dangerous condition on the floor of said Premises; (e) In failing to provide more adequate lighting on said Premises so as to avoid the situation in which Plaintiff slipped and fell; and (f) In failing to maintain the common floor and stairs in a reasonably safe condition that would prevent a customer from slipping and falling. 12. Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, had actual knowledge or should have known through the exercise of ordinary care and diligence that the lighting was poor in the area in which the Plaintiff fell. 13. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, sustained serious injuries including, but not limited to, sprains to both of her ankles and a torn ligament in her right knee. 14. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 4 15. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, has been, and will in the future be, hindered from attending to her daily duties to her detriment, loss, humiliation and embarrassment. 16. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, has, and will in the future, suffer a loss of life's pleasures. 17. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medicine and medical attention, and will be required to expend more of the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Gayann Oswandel, seeks damages from Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT II - LOSS OF CONSORTIUM Gary Oswandel v. Doc Holliday's New Cumberland Inc. t/d/b/a Doc Holliday's 18. Plaintiff, Gary Oswandel, incorporates and makes part of this Count paragraphs 1 through 17 above, as if the same were set forth fully below. 19. As a result of the negligence of Doc Holliday's New Cumberland, Inc., t/d//b/a Doc Holliday's, the Plaintiff, Gary Oswandel, has suffered a loss of consortium, society, and comfort from this wife, and he will continue to suffer a similar loss in the future. 5 20. As a result of the negligence of Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, the Plaintiff, Gary Oswandel, has been compelled, in order to affect a cure for his wife's injuries, to spend money for medicine and medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, Gary Oswandel, seeks damages from Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interests and costs. Respectfully submitted, 1-?[ (16 ? Date: HANDLER, HENNING & ROSENBERG, LLP By: Step n G. Held, Esquire Attorney I.D. No. 72663 Attorney for Plaintiffs 6 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document 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 of the document is of counsel and not my own. I have read the document and to the extent that it is 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 of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Gayan Os andel Gary Oswan e Date: 4-17-oh g ?--, rv ^ f_. :r c •?? _ _ ? V I ' -- A ? Q (.? l , ? "' ? ? -r) , ?-?; `C ? c?., ? ?`;?; ?, - ?-? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02149 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OSWANDEL GAYANN ET AL VS DOC HOLLIDAY'S NEW CUMBERLAND R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DOC HOLLIDAY'S NEW CUMBERLAND INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 7th , 2008 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answer-e.:.,,.? Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli Dep Lancaster Co 44.53 Sheriff of Cumberland County Postage 2.69 ???`? f OSr~ 84.22 05/07/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02149 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OSWANDEL GAYANN ET AL VS DOC HOLLIDAY'S NEW CUMBERLAND R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DOC HOLIDAY'S but was unable to locate Them deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 7th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: ;So answe Docketing 6.00 .. Out of County 9.00 Y Surcharge 10.00 Thomas line Dep York County 45.73 Sheriff of Cumberland County .00 70.73 i/ rlly foy - 05/07/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 n SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. o 1. PLAINTIFF/S/ Gayann Oswandel et al 2. COURT NUMBER 08-2149 C1V11 n X 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT I" Doc Holliday's New Cumberland Inc etc Notice and Canplaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED L7 Doc Holliday's New Cuanberland, Inc K 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT Russell Krafft & Gruber LLP 930 Red Rose Ct ste 300 Lancaster, PA 17601 7. INDICATE UNUSUAL SERVICE. DEPUTIZE ? OTHER Now, APri 20 , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby de utize the Sherr'ff f Lancaster County to execute this Writ a *16rn g . to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF LANCASTER COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CLmlberland Please mail return of service to Cwnberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE STEPHEN G. HELD ESQ. 717-238-201 4/3/08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to be mailed) HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN RD. HARRISBURG, PA. 17110 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. TA r KTE MT ICHE 717-390-2309 I 4/11/08 I 5/5/08 16. 1 hereby CERTIFY and RETURN that I ? have personally served, ? have legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 1 g ? No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) AM PM EST EDST 23. ATTEMPTS Dat Mlles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. Date Mfles Dep. Int. _7a C? ?c. 24. Advance Costs 25. Service Costs 26. Notary Cert. 127. Mile a/Posta N.F. n?1 28. T tal st 29. COST[ UE OR REFUND R 150.00 36.50 Q (J(/ 30. REMARKS: // S.T.A.: CL --) I cc s 2.U,5 .. ...... I I- - -11Ioy - vnnnn 1 - ai ronu 5 vmce 4. oLUC - Onenrr s unite COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRIICTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1"THRU 12 DO' NOT DETACH ANY COPIES 1. PLAINTIFF/S/ Gayann Oswandel et al 3. DEFENDANT/S/ Doc Holliday's New Cumberland Inc etc SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Doc Holliday 's 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP. STATE AND ZIP CODE) AT 110 Limekiln Road New Cumberland, PA 17070 7. INDICATE SERVICE ? PERSONAL Cl PERSON IN CHARGE DEPUTIZE O CE T. IL ? 1 ST CLASS MAIL 0 POSTED O OTHER NOW April 2 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Wri a return ther ording to law. This deputization being made at the request and risk of the plaintiff., %?' ^"'r-'? I SHERIFF OF 1111W COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF CO. Cumberland ADV FEE PAID BY ATTY. Please mail return of service to Cumberland county Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURES T E P H E N G. HELD, ESQ. 10. TELEPHONE NUMBER 11. DATE FILED 1300 LINGLESTOWN ROAD, HARRISBURG, PA 17110 717-238-2000 4-3-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed) SPAN KLOW FOR USE OF THE SHERIFF - 00 NOT W 1"Ib Lwft 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M G L YCSO 14-10-2009 R-9-90011 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHE ) SEE REMARKS BELOW 17. O I hereby certify and retu a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1 AND TITI€ OF IND (DUAL SE /LIST ADDRESS HER IF NOT SH WN ABOVE (Relationship to Defendant) 1 qjDate! o=Serv ice ? Time of SpWice t Not r ?7J1 AAall 7 A PTS Date Miles -Int. IfTatelTiRelMilesl-ld . Date Time Miles Int. Date Time Miles InL4 Date Time Miles Int. Date Time Miles Int. 22 23. Advance Costs N'001 ervice Costs 25. N/F 26. Mileage 100.00 - 34. Forman County Costs 35. Advance Costs 36 Service i 41. AFFIRMED and subscribed to bet a me 42. day ct Ay". NOTARIAL SEAL LISA L. BOWMI ", NOTARY PUBLIC I CITY OF YORK, 'r'GRK COUNTY MY COMMISSION EXPIRES AUG. 12, 2000 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due Refund Check No. 37. Notary Cert. 38. MBeage/Postage/Not Found 39. Total Costs 40. ost% Due or Refund ANS RS 44. Signature of ? - Dep. SheriR J 46. Signature of York 47 DATE County Sheriff a"e RICHARD P. KEUERLEBER, SHE F 4-24-2008 48 Signature of Foreign 49 DATE County Sheriff 2. COURT NUMBER 08-2149 civil 4. Typt- Ur limi l VK UUM,'LAIN I Not QC I enc, Complaint 50. 1 ACKNOWL RN SIGNATURE 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - IS wV Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office „ ate. B IV 3> :Tj ZE; a N r -h M VV FROM RECORD in Test1mony whensof,1 hone U11'110 SO MI hand ind its SO of said at Ott 1*1 Pa. Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road 4 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GAYANN OSWANDEL and : IN THE COURT OF COMMON PLEAS GARY OSWANDEL, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 08-,9(49 l?ivi( Teri, DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, , Defendant : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 LAWYER REFERRAL SERVICE 213 North Front Street, Harrisburg, PA 17101 Telephone: (717) 232-7536 Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GAYANN OSWANDEL and : IN THE COURT OF COMMON PLEAS GARY OSWANDEL, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. . NO. DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, Defendant : CIVIL ACTION - LAW AVISO Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las p6ginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TEL?FONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACI6N SOBRE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGON HONORARIO CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 213 North Front Street, Harrisburg, PA 17101 Telephone: (717) 232-7536 F:1WP Directories\CMS\SGH\Oswandel\Complaint 04-01-08.wpd Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GAYANN OSWANDEL and GARY OSWANDEL, her husband, Plaintiffs V. DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Gayann Oswandel and Gary Oswandel, her husband, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendant, Doc Holliday's New Cumberland t/d/b/a Doc Holliday's and avers as follows: 1. Plaintiff, Gayann Oswandel, is an adult individual currently residing at 313 Feeser Road, Harrisburg, Dauphin County, Pennsylvania 17109. 2. Plaintiff, Gary Oswandel, is an adult individual currently residing at 313 Feeser Road, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, is a corporation registered and established under the laws of Pennsylvania, doing business at a location at 110 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania 17070 (hereinafter referred to as "Defendant's Premises") 4. Defendant Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, is a corporation registered and established under the laws of Pennsylvania, with a registered office at 930 Red Rose Court, Suite 300, Lancaster, Lancaster County, PA 17601-1985. 5. At all times material hereto, Plaintiff, Gayann Oswandel, was a business invitee upon said premises. 6. At all time material hereto, Defendant, who had exclusive control of said Premises, failed to provide adequate lighting in its place of business. 7. At all times material hereto, there were no warning signs posted on the Premises warning of steps or to watch one's step. 8. On or about December 8, 2006, Plaintiff, Gayann Oswandel, was on the Defendant's Premises moving from the dining area and walking towards the comedy club. While leaving the dining area she missed a one-step step down due to poor lighting and lack of posted signs indicating an upcoming step and as a result Ms. Oswandel fell causing personal injuries as detailed more specifically hereinafter. 2 COUNT I - NEGLIGENCE Gayann Oswandel v. Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's 9. Plaintiff, Gayann Oswandel, incorporates and makes part of this Count paragraphs 1 through 8 above, as if the same were set forth fully below. 10. At all times material hereto, Plaintiff, Gayann Oswandel, believes and therefore avers that Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, was in ownership, possession, management and control of the Premises and was responsible for maintaining the safe condition of the property known as a Doc Holliday's located at 110 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania 17070. 11. The occurrence of the aforementioned incident and the resulting injuries to the Plaintiff, Gayann Oswandel, were caused directly and proximately by the negligence of the Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (a) In causing or permitting the lighting conditions to be too dim as to prevent a business invitee or other patron from being able to see the condition of the floor in front or around him/her; (b) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition imposed by the dim lighting, and thereby allowing the same to be and 3 remain a dangerous condition when the Defendant knew or should have known of it; (c) In failing to ensure that the stairs at said premises were maintained in a safe condition to prevent injury to the Plaintiff or other persons lawfully on the Premises; (d) In failing to post a warning sign or device in the area to notify of the dangerous condition on the floor of said Premises; (e) In failing to provide more adequate lighting on said Premises so as to avoid the situation in which Plaintiff slipped and fell; and (f) In failing to maintain the common floor and stairs in a reasonably safe condition that would prevent a customer from slipping and falling. 12. Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, had actual knowledge or should have known through the exercise of ordinary care and diligence that the lighting was poor in the area in which the Plaintiff fell. 13. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, sustained serious injuries including, but not limited to, sprains to both of her ankles and a torn ligament in her right knee. 14. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 4 15. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, has been, and will in the future be, hindered from attending to her daily duties to her detriment, loss, humiliation and embarrassment. 16. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, has, and will in the future, suffer a loss of life's pleasures. 17. As a direct and proximate result of the negligence of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, Plaintiff, Gayann Oswandel, has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medicine and medical attention, and will be required to expend more of the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Gayann Oswandel, seeks damages from Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT II - LOSS OF CONSORTIUM Gary Oswandel v. Doc Holliday's New Cumberland, Inc. t/d/b/a Doc Holliday's 18. Plaintiff, Gary Oswandel, incorporates and makes part of this Count paragraphs 1 through 17 above, as if the same were set forth fully below. 19. As a result of the negligence of Doc Holliday's New Cumberland, Inc., t/d//b/a Doc Holliday's, the Plaintiff, Gary Oswandel, has suffered a loss of consortium, society, and comfort from this wife, and he will continue to suffer a similar loss in the future. 5 I 20. As a result of the negligence of Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, the Plaintiff, Gary Oswandel, has been compelled, in order to affect a cure for his wife's injuries, to spend money for medicine and medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, Gary Oswandel, seeks damages from Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interests and costs. Respectfully submitted, Date: -l V HANDLER, HENNING & ROSENBERG, LLP By: Stepn G. H61d, Esquire Attorney I.D. No. 72663 Attorney for Plaintiffs 6 J . ?r 1 4 ! I VERIFICATION The undersigned hereby verifies that the statements in the foregoing document 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 of the document is of counsel and not my own. I have read the document and to the extent that it is 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 of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (""2 a.e-4m q -- Gayan Os andel Gary Oswan e Date: *qo O g ddV 8001 ?'IJji, BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant GAYANN OSWANDEL AND GARY OSWANDEL COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DOC HOLLIDAY'S NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAY'S NO. 08-2149 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, in the above-captioned matter. Date: 11.3110e MARGOLIS EDEASTE1N ID# 5jfiZk 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 "-• - CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this _+ day of &nt,"k 2008, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid. Addressed as Follows: Stephen Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 MARGOLIS EDELSTEIN By: Carol Moose M:\rrj&\l Selective Insurance\Oswandel v. Doc Hollidays\Pleadings\EOA.5-9-O8.wpd ` X41 .._. ? ?,.,...? . i ?.~ _ G_ .. _, e ' ? ? < l i „ • .? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GAYANN & GARY OSWANDEL -VS- DOC HOLLIDAYS NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAYS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-2149 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, 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: 01/20/2009 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R2.02 133-H DE11-0836243 96830-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GAYANN & GARY OSWANDEL -VS- DOC HOLLIDAYS NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAYS COURT OF COMMON PLEAS TERM, CASE NO: 08-2149 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BRUCE COHICK, MD. ORTHOPEDIC INSTITUTE ORTHOPEDIC INSTITUTE OF PA. TRISTAN ASSOCIATES COMMUNITY GENERAL OSTEO. HOSP. COMMUNITY GENERAL OSTEO. HOSP. SUSQUEHANNA VALLEY SURGERY CTR MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS RADIOLOGY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS TO: STEPHEN HELD, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/29/2008 CC: BARRY A. KRONTHAL, ESQ STEPHEN HELD, ESQ. 1300 LINGLESTOWN ROAD P.O. BOX 60337 HARRISBURG, PA 17110 - 38500.4-00119 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.76S 133-H DE02-0453147 96830-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN & GARY OSWANDEL vs. DOC HOLLIDAYS NEW CUMBERLAND, INC., File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BRUCE COHICK? MD (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 Groin- Inc.- 1601 Market street_ Suite R00? 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: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 'JAN 2 0 2009 B CYrothon vil Division Deputy Date: Seal of the Court 96830-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BRUCE COHICK. MD. 2151 LINGLESTOWN RD. STE 100 HARRISBURG, PA 17110 RE: 96830 GAYANN OSWANDEL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING DOCTORS NOTES, NURSES NOTES, CONSULTATIONS AND EVALUATIONS REPORTS USED FOR FURTHER TREATMENT, MRI REPORTS AND CT SCANS. Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and reports, medication/prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, care or treatment pertaining to: Dates Requested: from: 01-01-1996 to 12-01-2008. Subject : GAYANN OSWANDEL 313 FEESER RD., HARRISBURG, PA 17109 Social Security #: XXX-XX-3517 Date of Birth: 01-14-1943 R1.76S 133-H SU10-0766040 96830-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GAYANN & GARY OSWANDEL -vS- DOC HOLLIDAYS NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAYS TERM, CUMBERLAND CASE NO: 08-2149 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, 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: 01/20/2009 COURT OF COMMON PLEAS BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R2.02 133-H DE11-0836248 96830-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN & GARY OSWANDEL File No. 08-2149 vs. DOC HOLLIDAYS NEW CUMBERLAND, INC., SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE (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 G w=- 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: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRMI ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY d T COURT: Pr honotary/ Civil ivision Deputy Date: K-?c va?? ag- R aQ 8' Seal of the Court 96830-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE 450 POWERS AVENUE HARRISBURG, PA 17109 RE: 96830 GAYANN OSWANDEL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING TREATMENT NOTES, THERAPY NOTES, EVALUATIONS AND CONSULT NOTES. MRI'S AND CT SCANS USED IN THE TREATMENT AND EVALUATION OF PATIENT. Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and reports, medication/prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, care or treatment pertaining to: Dates Requested: from: 01-01-1996 to 12-01-2008. Subject : GAYANN OSWANDEL 313 FEESER RD., HARRISBURG, PA 17109 Social Security #: XXX-XX-3517 Date of Birth: 01-14-1943 21.76S 133-H SU10-0766042 96830-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GAYANN & GARY OSWANDEL -VS- DOC HOLLIDAYS NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAYS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-2149 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, 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: 01/20/2009 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R2.02 133-H DE11-0836249 96830-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN & GARY OSWANDEL vs. File No. 08-2149 DOC HOLLIDAYS NEW CUMBERLAND, INC., SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTI'TUT'E OF PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GrojW, Inc 1601 Market Street Suite 900 Philadelphia- J'A 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: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDI E ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant COURT: BY T HE Pro honot 'Division - H 1 0 ?09 Deputy Date: aic.i? / dd Seal of the Court 96830-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA. 3399 TRINDLE RD CAMP HILL, PA 17011 RE: 96830 GAYANN OSWANDEL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING TREATMENT NOTES, THERAPY NOTES, EVALUATIONS AND CONSULT NOTES. MRI'S AND CT SCANS USED IN THE TREATMENT AND EVALUATION OF THE PATIENT. Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and reports, medication/prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, care or treatment pertaining to: Dates Requested: from: 01-01-1996 to 12-01-2008. Subject : GAYANN OSWANDEL 313 FEESER RD., HARRISBURG, PA 17109 Social Security #: XXX-XX-3517 Date of Birth: 01-14-1943 21.76S 133-H SU10-0766044 96830-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GAYANN & GARY OSWANDEL -vS- DOC HOLLIDAYS NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAYS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-2149 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, 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: 01/20/2009 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R2.02 133-H DE11-0836254 96830-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN & GARY OSWANDEL File No. 08-2149 VS. DOC HOLLIDAYS NEW CUMBERLAND, INC., SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TRIST ASSOCIATES (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 900. P ji chia 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: BARB A KRONTHAL ESQ. ADDRESS: 3510 TRINDLE ROAD SAMP Hfu- PA 17011 TELEPHONE: (215) 246-0900 - SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 2 a 209 Date: U 4? / 4 ';" r Seal of the Court BY ATV COURT: t i 1 Division Deputy 96830-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCIATES 4518 UNION DEPOSIT ROAD HARRISBURG, PA 17111 RE: 96830 GAYANN OSWANDEL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI'S AND CT SCANS ALONG WITH THE INTERPRETIVE REPORTS. Dates Requested: from: 01-01-1996 to 12-01-2008. Subject : GAYANN OSWANDEL 313 FEESER RD., HARRISBURG, PA 17109 Social Security #: XXX-XX-3517 Date of Birth: 01-14-1943 R1.76S 133-H SU10-0766046 96830-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GAYANN & GARY OSWANDEL -VS- DOC HOLLIDAYS NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAYS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-2149 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, 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: 01/20/2009 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R2.02 133-H DE11-0836255 96830-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN & GARY OSWANDEL VS. File No. 08-2149 DOC HOLLIDAYS NEW CUMBERLAND, INC., SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMMUNITY GENERAL OSTEO. HOSP. (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 Cm=- Inc., 1601 Market Street, Sui e 80 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: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: 1215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 2 0 2009 Date: 9-' Seal of the Court BY COURT: - so - Pro onotary/C Civi Division Deputy 96830-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEO. HOSP. MEDICAL RECORDS 4300 LONDONBERRY RD HARRISBURG, PA 17109 RE: 96830 GAYANN OSWANDEL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ER RECORDS, EVALUATIONS AND ANY REPORTS USED FOR FURTHER TREATMENT Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: from: 01-01-1996 to 12-01-2008. Subject : GAYANN OSWANDEL 313 FEESER RD., HARRISBURG, PA 17109 Social Security #: XXX-XX-3517 Date of Birth: 01-14-1943 R1.76S 133-H SU10-0766048 96830-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GAYANN & GARY OSWANDEL -VS- DOC HOLLIDAYS NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAYS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-2149 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, 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: 01/20/2009 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R2.02 133-H DE11-0836260 96830-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN & GARY OSWANDEL vs. File No. 08-2149 DOC HOLLIDAYS NEW CUMBERLAND, INC., SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMMUNITY GENERAL OSTEO HO P (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 Grout, 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: BARRY A KRONTHAL ESQ ADDRESS: 3510 TRINDLE ROAD CAMP HILL- PA 17011 TELEPHONE: (. 5).?46-0 00 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Pro honot r C' '1 Division JAN 2 0 2009 Deputy Date: , 4 '2001' Seal of the Court 96830-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEO. HOSP. RADIOLOGY DEPT. 4300 LONDONBERRY RD HARRISBURG, PA 17109 RE: 96830 GAYANN OSWANDEL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI STUDIES AND CT SCANS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 01-01-1996 to 12-01-2008. Subject GAYANN OSWANDEL 313 FBESBR RD., HARRISBURG, PA 17109 Social Security #: XXX-XX-3517 Date of Birth: 01-14-1943 R1.76S 133-H SU10-0766050 96830-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GAYANN & GARY OSWANDEL -VS- DOC HOLLIDAYS NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAYS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-2149 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, 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: 01/20/2009 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R2.02 133-H DE11-0836261 96830-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN & GARY OSWANDEL VS. File No. 08-2149 DOC HOLLIDAYS NEW CUMBERLAND, INC., SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SUSQUEHANNA VALLEY SURGERY CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groin, Inc., 1601 Market Street, Suite 800, Philade Rhiia. 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: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Pr onotary/C Civi ivision JU 2 d 2009' Deputy Date: e,,PcL„ /9 d-aC7 Seal of the Court 96830-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VALLEY SURGERY CTR 4310 LONDONDERRY RD. SUITE 1 HARRISBURG, PA 17109 RE: 96830 GAYANN OSWANDEL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING DOCTORS NOTES, NURSES NOTES, SURGICAL RECORDS, EVALUATIONS AND ANY REPORTS USED FOR FURTHER TREATMENT, TO INCLUDE MRI STUDIES AND CT SCANS. Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and reports, medication/prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, care or treatment pertaining to: Dates Requested: from: 01-01-1996 to 12-01-2008. Subject : GAYANN OSWANDEL 313 FBBSBR RD., HARRISBURG, PA 17109 Social Security #: XXX-XX-3517 Date of Birth: 01-14-1943 R1.76S 133-H SU10-0766052 96830-LO7 ' ra i ) C_. ° ? _?a ?- ` ? ? , Ra _ , ,? N `' 4' ` } s , R W ::.j ? - -j ? : , BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthid*margolisedelstein.com Attorneys for Defendant GAYANN OSWANDEL AND COURT OF COMMON PLEAS GARY OSWANDEL CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-2149 DOC HOLLIDAY'S NEW CUMBERLAND, INC., T/D/B/A CIVIL ACTION-LAW DOC HOLLIDAY'S JURY TRIAL DEMANDED NOTICE TO PLEAD To: Gayann Oswandel and Gary Oswandel c/o Stephen Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER WITH NEW MATTER OF DEFENDANT, DOC HOLLIDAY'S NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAY'S, within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, Date 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Defendant Boscov's Department Store BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant GAYANN OSWANDEL AND GARY OSWANDEL VS. DOC HOLLIDAY'S NEW CUMBERLAND, INC., T/DB/A DOC HOLLIDAY'S COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2149 CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's ("Defendant"), by and through its counsel, Margolis Edelstein, to answer the Complaint of Plaintiffs, Gayann Oswandel and Gary Oswandel ("Plaintiffs"), and avers the following in support thereof ANSWER 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. 2. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. 3. Admitted. 2 4. Admitted. 5. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and the same are, therefore, denied. 6. Denied. The averments of this Paragraph regarding control of the premises state a conclusion of law to which no response is required and the averments relating thereto are, therefore, denied. Defendant had exclusive control of said premises. The remainder of the averments of this paragraph are denied generally pursuant to Pa.R.C.P. No. 1029(e). 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. By way of further answer, the averments of this paragraph are generally denied pursuant to Pa.R.C.P. No. 1029(e). COUNT I - NEGLIGENCE Gayann Oswandel v Doc Holliday's New Cumberland. Inc.. t/d/b/a Doc Holl day's 9. The answers to paragraphs 1 through 8, inclusive hereof, are incorporated herein by reference as if set forth at length. 10. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. 11. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. By way of further answer, the 3 averments of this paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 12. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. By way of further answer, the averments of this paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 13. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. Further, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiffs' injury averments and the same are, therefore, denied. By way of further answer, the averments of this paragraph regarding Defendant's alleged negligence are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 14. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. Further, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiffs' injury and/or damage averments and the same are, therefore, denied. By way of further answer, the averments of this paragraph regarding Defendant's alleged negligence are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 15. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. Further, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to Plaintiffs' injury and/or damage averments and the same are, therefore, denied. By way of further answer, the averments of this paragraph regarding Defendant's alleged negligence are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 4 16. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. Further, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to Plaintiffs' injury and/or damage averments and the same are, therefore, denied. By way of further answer, the averments of this paragraph regarding Defendant's alleged negligence are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 17. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiffs' injury and/or damage averments and the same are, therefore, denied. By way of further answer, the averments of this paragraph regarding Defendant's alleged negligence are generally denied, pursuant to Pa. R.C.P. No. 1029(e). WHEREFORE, Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, demands judgment in its favor and against Plaintiffs, Gayann Oswandel and Gary Oswandel, with costs assessed to Plaintiffs. COUNT H - LOSS OF CONSORTIUM Gary Oswandel v Doc HolliMay's New Cumberland. Inc.. t/d/b/a Doc Hollidav's 18. The answers to paragraphs 1 through 17, inclusive hereof, are incorporated herein by reference as if set forth at length. 19. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. Further, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to truth of the averments of this Paragraph and they are, therefore, denied. 20. Denied. The averments of this paragraph state a conclusion of law to which no responsive pleading is required and they are, therefore, denied. Further, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to truth of the averments of this Paragraph and they are, therefore, denied. WHEREFORE, Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, demands judgment in its favor and against Plaintiffs, Gayann Oswandel and Gary Oswandel, with costs assessed to Plaintiffs. NEW MATTER 21. The answers to paragraphs 1 through 20, inclusive hereof, are incorporated herein by reference as if set forth at length. 22. Plaintiffs have failed to establish a dangerous and/or defective condition and/or that Defendant knew, had notice of, or should have known or had notice of any said condition. 23. Plaintiffs' claims, if any, are barred by their failure to plead a dangerous condition. 24. Plaintiffs' claims, if any, are barred by the applicable statute of limitations. 25. Plaintiffs' claims, if any, are barred by the doctrines of contributory and comparative negligence and assumption of the risk. 26. Plaintiffs have failed to state a claim upon which relief can be granted. 27. Plaintiffs' claims, if any, are barred by their failure to mitigate their damages. 28. Plaintiffs' injuries and/or damages, if any, were proximately and directly caused by the negligent, careless and/or reckless conduct of persons and/or entities over whom Defendants had no control and for whom Defendants are not legally or otherwise responsible. 6 29. Plaintiffs' claims, if any, are barred and/or limited by any pre-existing medical condition or condition suffered by Plaintiffs. 30. At all times relevant hereto, Defendants acted with due care and caution under the circumstances then existing. 31. Defendants neither owed nor breached any duty to Plaintiffs, whether in contract or tort, and never failed to adhere to any standards, obligations and/or responsibilities. 32. At all times relevant hereto, the subject area where Plaintiff allegedly fell, was properly designed, constructed and/or maintained in accordance with all relevant standards and statutory and code provisions, and did not pose a danger in anyway to Plaintiff, or any other persons. 33. At all times relevant hereto, all reasonable and necessary safety precautions were taken in the area where Plaintiff allegedly fell. WHEREFORE, Defendant, Doc Holliday's New Cumberland, Inc., t/d/b/a Doc Holliday's, demands judgment in its favor and against Plaintiffs, Gayann Oswandel and Gary Oswandel, with costs assessed to Plaintiffs. Date: s 2-Q Q ID# 351 Trindle Road Camp Hill, PA 17011 717-975-8114 7 VERIFICATION I, Barry KronthaL Esquire, have read the foregoing Answer with New Matter. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this Verification on behalf of my client. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Date: JC'' Z Q Barry Kron Esquire CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day of , 2009, served a true and correct copy of the following upon the person(s) and in a manner indicated below: Service by First Class Mail. Postage PreX -:, Addressed as Follows: Stephen Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 MARGOLIS EDELSTEIN By: Carol Moose M:1mdir11 Selective Insurance138500.400119 Oswandel v. Doc 1- IollidaysTleadings\Answer with New Matter.wpd 8 ?.,t .,_? ?h`;?. -1 - -- t?'- i4 iL. f e a S .J S."1? i. .. ..t. Stephen G. Held I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GAYANN OSWANDEL, Plaintiff V. DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2149 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS 21. This is a paragraph of incorporation to which no response is required. 22. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff has failed to establish a dangerous and/or defective condition and that the Defendants knew, should have known or had notice of any said condition. 23. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff's claims are barred by their failure to plead a dangerous condition. Plaintiff has pled a dangerous condition. 24. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff's claims are barred by the applicable statute of limitations. 25. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff's claims are not barred by the doctrine of Contributory and/or Comparative Negligence and/or assumption of the risk. 26. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff has failed to state a claim upon which relief can be granted. 27. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff's claims -are not barred by Plaintiffs failure to mitigate their damages. It is denied that Plaintiff has failed to mitigate her damages. 28. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff's injuries and/or damages were proximately and directly caused by negligent, careless and/or reckless conduct of persons and/or entities over whom Defendants had no control and for whom Defendants are not legally or otherwise responsible. All of Plaintiffs injuries and/or damages were caused by instant Defendant. 29. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiffs claims or barred or limited by any pre-existing medical condition or conditions suffered by Plaintiff. 30. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Defendants acted with due care and caution under the circumstances then existing. 31. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Defendants neither owed nor breached any duty to Plaintiff and never failed to adhere to any standard, obligations, and/or responsibilities. Defendants owed a duty to Plaintiff to which they breached and failed to adhere to applicable standards and/or responsibilities. 32. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that the area where Plaintiff fell was properly designed, constructed and/or maintained in accordance with relevant standards and statutory code provisions and did not pose a danger in any way to Plaintiff or any other person. 33. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that at all times relevant hereto all reasonable and necessary safety precautions were taken in the area where Plaintiff fell. WHEREFORE, Plaintiff request this Honorable Court enter judgment in their favor against Defendants. Date.. 61 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP 411 'no By: Step , Esquire 1. D. #7 2/63 6 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) STEPHEN G. HELD, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: W STEP E G. EL , ESQUIRE Stephen G. Held I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com Attorneys for Plaintiff GAYANN OSWANDEL, Plaintiff V. DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2149 CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On 6/8/09, 1 hereby certify that a true and correct copy of Plaintiff's Reply to New Matter of Defendants was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Dated: 6/5/09 HANDLER, HENNING & ROSENBERG, LLP Steph Atty I.D. 2663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 RLEf} 43ffICU 2009 JUN 10 P 2: 2 6 CUJ BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant 38500.4-00119 GAYANN OSWANDEL AND GARY OSWANDEL VS. DOC HOLLIDAY'S NEW COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2149 CUMBERLAND, INC., T/D/B/A CIVIL ACTION-LAW DOC HOLLIDAY' S JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly substitute the attached Verification to the Answer with New Matter of Defendant, Doc Holliday's New Cumberland, Inc. t/d/b/a Doc Hollidays, filed on or about June 1, 2009. Date: q(;; 21 Q MARGOLI EDELSTEIN Barry A. thal ID# 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Defendant VERIFICATION I, Jason Peffer, state that I have read the foregoing Answer with New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: ZZ JCJ J n Peffer Manager, Doc Hollidays Oswandel v. Doc Hollidays CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this 2t day of ?/,?l Q? 2009, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail Postage Prepaid Addressed as Follows Stephen Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 MARGOLIS EDELSTEIN By: Carol Moose M:\mdir\l Selective Insurance\38500.4-00119 Oswandel v. Doc HollidaysTleadingsTraecipe to Substitute Verificadon.6-24-09.wpd T CC ffar t" Sr?T: r".,CTjlVp 1 :. _,, 2099 JUN 30 Ph !: 36 F ' ?+4 J.iJ{ Y CUME" t`?3 I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: GAYANN OSWANDEL AND GARY OSWANDEL -VS- DOC HOLLIDAY'S NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAY'S C') C C) -per n 921yG --i r- -urn ? a? Court of Common Pleas Cumberland County No. 08-2149 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of BARRY KRONTHAL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). BARR'1?-IKR?E VNSo. ' 1? DATE: 11 /26/2010 Counsel for Defendant Adh6 Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦,?_ (215)732-1177 fax (215)732-5637 Online Services www.celrine.com GAYANN OSWANDEL AND GARY IN THE COURT OF COMMON PLEAS OSWANDEL CUMBERLAND COUNTY vs. DOC HOLLIDAY'S NEW No. 08-2149 CUMBERLAND, INC., TIDIB/A DOC HOLLIDAY'S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS STEPHEN HELD, ESQUIRE HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN ROAD SUITE 2 HARRISBURG, PA 17110 Please take notice there has been a request by BARRY KRONTHAL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to GAYANN OSWANDEL. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: November 5, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page 0111126 Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦na (215)732-1177 fax (215)732-5637 Online Services www.cclrine.com GAYANN OSWANDEL AND GARY CCLR File NO. 10-7292R/G OSWANDEL VS. DOC HOLLIDAY'S NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAY'S COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 11/5/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 11/26/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) STEPHEN HELD, ESQUIRE HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN ROAD SUITE 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DRAYER PHISICAL THERAPY INSTITUTE - MEDICAL RECORDS DEPT (Name of Person or Endty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or, things Any and all medical records, histories, questionnaires, intake forms, progress notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, radiology reports, films, physical therapy records, chiropratic records, etc., pertaining to Gayann Oswandel. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Ef .7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HERITAGE DIAGNOSTIC CENTER -- RADIOLOGY FILE ROOM (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 Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to Gayann Oswandei. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HERSHEY MEDICAL CENTER -- MEDICAL RECRDS DEPT (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 Any and all medical records, histories, questionnaires, intake forms, progress notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosislprognosis, physical therapy records, chiropratic records, etc., pertaining to Gayann Oswandel. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY K,RONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (EfI.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HERSHEY MEDICAL CENTER - RADIOLOGY FILE ROOM (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 Any and all films, md's, cat scans, x-rays, including radiology reports, etc., pertaining to Gayann Oswandel. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HERSHEY MEDICAL CENTER - PHYSICAL THERAPY RECORDS DEPT (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 Any and all physical therapy medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Gayann Oswandei. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HIGH MARK BLUE SHIELD - CLAIMS DEPT (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 Any and all records, questionnaires, consultation reports, statements of diagnosis/prognosis, radiology reports, films, correspondence, for all dates of treatment any lien claims, if any, and all other records concerning Group ID: 02865260, Member/subscriber ID 1014885220010013292813. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENNSYLVANIA NEUROLOGICAL ASSOCIATES, LTD - MEDICAL RECORDS DEPT (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 Any and all medical records, histories, questionnaires, intake forms, progress notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, radiology reports, films, physical therapy records, chlropratic records, etc., pertaining to Gayann Oswandel. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff:7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH SYSTEMS - MEDICAL RECORD DEPT (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 Any and all medical records, histories, questionnaires, intake forms, progress notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, physical therapy records, chiropratic records, etc., pertaining to Gayann Oswandel. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSNVALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,TB/A DOC HOLLIDAY' S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH SYSTEMS - RADIOLOGY FILE ROOM (Name of Person or Endty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to Gayann Oswandel. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWALDEL AND GARY OSWALDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC.,T/B/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH SYSTEMS - PHYSICAL THERAPY RECORDS DEPT (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 Any and all physical therapy medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Gayann Oswandel. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) a 11-1996R/G CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas GAYANN OSWANDEL AND GARY Cumberland County OSWANDEL -VS DOC HOLLIDAY'S NEW CUMBERLAND, No. 08-2149 INC., T/D/B/A DOC HOLLIDAY'S As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of BARRY KRONTHAL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). cT rT1 .a DATE: 3/2/2011 01Z6UWH;,;3 U I RE Counsel for Defendant widbilb Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com GAYANN OSWANDEL AND GARY IN THE COURT OF COMMON PLEAS' OSWANDEL CUMBERLAND COUNTY vs. DOC HOLLIDAY'S NEW No. 08-2149 CUMBERLAND, INC., T/D/B/A DOC HOLLIDAY'S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS STEPHEN HELD, ESQUIRE HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN ROAD SUITE 2 HARRISBURG, PA 17110 Please take notice there has been a request by BARRY KRONTHAL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to GAYANN OSWANDEL. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. waKw.j ,, . -22 for The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 2, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page ¦P¦ Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com GAYANN OSWANDEL AND GARY CCLR File NO. 11-1996R/G OSWANDEL vs. DOC HOLLIDAY'S NEW CUMBERLAND, INC., T/D/B/A DOC HOLLIDAY'S COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/2/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/2/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) STEPHEN HELD, ESQUIRE HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN ROAD SUITE 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GAYANN OSWANDEL AND GARY OSWANDEL VS DOC HOLLIDAY'S NEW CUMBERLAND, INC., TB/D/A DOC HOLLIDAY'S File No. 08-2149 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVEf Y PURSUANT TO RULE 4009.22 TO: BLUE MOUNTAIN FAMILY PRACTICE - MEDICAL RECORDS DEPT (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: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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., t If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:I3ARRY KRONTHAL,, ESQUIRE . ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: ?U, _ Seal of the ( ourt v. BY THE COURT: ,,Prothonotary /Cle* Civil Disposition Deputy (Eff.7/97) ¦ C¦ ¦ Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 CCLR File No. 11-1996R/G ADDENDUM TO SUBPOENA To: BLUE MOUNTAIN FAMILY PRACTICE Re: GAYANN OSWANDEL ANY AND ALL MEDICAL RECORDS FILE, INCLUDING BUT NOT LIMITED TO PATIENT HISTORIES, QUESTIONNAIRES, INTAKE FORMS, PROGRESS NOTES, OFFICE NOTES, EVALUATIONS, ASSESSMENTS, MEDICAL/CONSULTATION REPORTS, STATEMENTS OF DIAGNOSIS/PROGNOSIS, REPORTS OF DIAGNOSTIC TESTING, DIAGNOSTIC FILM REPORTS, PHYSICAL THERAPY RECORDS, MEMORANDA, AND CORRESPONDENCE; INCLUDE AN ITEMIZED BILLING STATEMENT FOR ALL TREATMENT RELATED TO A REPORTED ACCIDENT OCCURRING ON DECEMBER 8, 2006, INVOLVING RIGHT KNEE/LEG AND BILATERAL ANKLES, PERTAINING TO GAYANN OSWANDEL. FILED-OFFICE O THE PROTHONOTARY 2012 JAN 13 PM 1: 3 2 CUMBERLAND COUNTY PENNSYLVANIA Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com Attorney for Plaintiffs GAYANN OSWANDEL and GARY OSWANDEL, her husband, Plaintiffs V. . DOC HOLLIDAY'S NEW CUMBERLAND, INC., t/d/b/a DOC HOLLIDAY'S, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2149 CIVIL ACTION - LAW PRAECIPE TO SETTLE -0 THE PROTHONOTARY OF SAID COURT: Please mark this case settled, discontinued and ended. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: 4__54 Stephe G. eId, Esquire I.D. No.: 72663 Attorney for Plaintiffs Date: January 12, 2012 Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GAYANN OSWANDEL and GARY OSWANDEL, her husband, Plaintiffs Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2149 V. DOC HOLLIDAY'S NEW CUMBERLAND, CIVIL ACTION - LAW INC., t/d/b/a DOC HOLLIDAY'S, Defendants CERTIFICATE OF SERVICE I , Stephen G. Held, Esquire, hereby certify that on this 12th day of January, 2012, 1 served a true and correct copy of a Praecipe to Settle by depositing same in the United States Mail, First Class - Postage Prepaid, in Harrisburg, Pennsylvania, upon the following: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendants HANDLER, HENNING & ROSENBERG, LLP O'L 4 Stephen , Esquire I. D. No.: 663 Attorney for Plaintiffs