HomeMy WebLinkAbout08-2234C?
VIRGINIA REID-PRICE,
7 Beagle Club Road
Carlisle, PA 17013
Plaintiff
V.
SUBURBAN PROPANE
530 East North St.
Carlisle, PA 17013,
and
SUBURBAN ENERGY SERVICES
530 East North St.
Carlisle, PA 17013
and
SUBURBAN PROPANE, L.P., individually
and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE
240 Route 10 West
Whippany, NJ 07981
and
SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY
SERVICES and SUBURBAN PROPANE
240 Route 10 West
Whippany, NJ 07981
and
SUBURBAN ENERGY SERVICES GROUP,
LLC, individually and General Partner of
SUBURBAN PROPANE, L.P. and
SUBURBAN PROPANE PARTNERS, L.P.
240 Route 10 West
Whippany, NJ 07981
and
SUBURBAN HEATING OIL PARTNERS,
LLC, individually and d/b/a SUBURBAN
PROPANE and SUBURBAN ENERGY
SERVICES
240 Route 10 West
Whippany, NJ 07981
and
AGWAY ENERGY SERVICES, LLC,
individually and d/b/a SUBURBAN
PROPANE AND SUBURBAN ENERGY
SERVICES
240 Route 10 West
Whippany, NJ 07981,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OS - cal l?wlI term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ of Summons
Stephen M. Greecher, Jr.
Supreme Court I. D. #36803
TUCKER ARENSBERG, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
WRIT OF SUMMONS
TO THE ABOVE-NAMED DEFENDANTS:
Date: 4476
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION
AGAINST YOU.
>etonot
Date: A1108
By
Deputy
( ) Check here if reverse is used for additional information
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2611112182.x1
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: MARK T. RILEY, ESQUIRE
IDENTIFICATION NO. 49427
620 Freedom Business Center, Suite 300
King of Prussia, PA 19406
(610) 354-8259
(610) 354-8299 - fax
mtriley@mdwcg.com
Attorney for Defendant, Suburban Heating Oil Partners, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
V.
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually and d/b/a
SUBURBAN ENERGY SERVICES and SUBURBAN
PROPANE and SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and SUBURBAN ENERGY
SERVICES GROUP, LLC, individually and General
Partner of SUBURBAN PROPANE, L.P. and SUBURBAN
PROPANE PARTNERS, L.P. and SUBURBAN HEATING
OIL PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE and SUBURBAN ENERGY SERVICES :
and AGWAY ENERGY SERVICES, LLC, individually and
d/b/a SUBURBAN PROPANE and SUBURBAN
ENERGY SERVICES
NO.: 08-2234
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant, Suburban Heating Oil Partners, LLC, improperly
designated in Plaintiffs Writ of Summon in the above captioned matter.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
/c w MARK T. RILEY, ESQUIRE
DATE: /1/9?`
7„,j
26/1112186.v1
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: MARK T. RILEY, ESQUIRE
IDENTIFICATION NO. 49427
620 Freedom Business Center, Suite 300
King of Prussia, PA 19406
(610) 354-8259
(610) 354-8299 - fax
mtriley@mdwcg.com
Attorney for Defendant, Suburban Heating Oil Partners, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
V.
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually and d/b/a
SUBURBAN ENERGY SERVICES and SUBURBAN
PROPANE and SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and SUBURBAN ENERGY
SERVICES GROUP, LLC, individually and General
Partner of SUBURBAN PROPANE, L.P. and SUBURBAN
PROPANE PARTNERS, L.P. and SUBURBAN HEATING
OIL PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE and SUBURBAN ENERGY SERVICES :
and AGWAY ENERGY SERVICES, LLC, individually and
d/b/a SUBURBAN PROPANE and SUBURBAN
ENERGY SERVICES
NO.: 08-2234
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Kindly issue a Rule upon Plaintiff, Virginia Reid-Price, to file a Complaint within twenty (20) days or
suffer Judgment of Non Pros.
MARSHALL, DENNEHEY, WARNYR,
COLEMAN,A G GGIN.-
BY:
MARK T. RILEY, ESQUIRE
Date: f Attorney for Defendant
RULE TO FILE COMPLAINT
AND NOW, this dl" day of April
, 2008, a Rule is entered upon Plaintiff, Virginia Reid-
Price, to file a Complaint.
4
P OTHONOTARY
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CASE NO: 2008-02234 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
REID-PRICE VIRGINIA
VS
SUBURBAN PROPANE ET AL
TIMOTHY BLACK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
SUBURBAN PROPANE
DEFENDANT
was served upon
the
at 1250:00 HOURS, on the 11th day of April , 2008
SHERIFF'S RETURN - REGULAR
at 530 EAST NORTH STREET
CARLISLE, PA 17013 by handing to
STEVE PECK, MANAGER
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
1/// 116 S
So Answers:
18.00
5.00 .58
10.00 R. Thomas Kline
? 33.58 04/15/2008
TUCKER ARENSBERG
Sworn and Subscibed to
before me this
By:
day eputy Sheriff
of A. D.
CASE NO: 2008-02234 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
REID-PRICE VIRGINIA
VS
SUBURBAN PROPANE ET AL
TIMOTHY BLACK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
.qTTRTTRRAN FNRRrY SFRVT(FS the
DEFENDANT , at 1250:00 HOURS, on the 11th day of April 2008
at 530 EAST NORTH STREET
CARLISLE, PA 17013 by handing to
STEVE PECK, MANAGER ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
y?IBJc> y
So Answers:
6.00 ,-
.00
.00
10.00 R. Thomas Kline
.00
? 16.00 04/15/2008
TUCKER ARENSBERG
Sworn and Subscibed to
before me this
of
By. ????;;,O?e
day De ty Sheriff
A. D.
10m,
11 T
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VIRGINIA REID-PRICE,
Plaintiff
V.
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually
and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and
SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY
SERVICES and SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES GROUP,
LLC, individually and General Partner of
SUBURBAN PROPANE, L.P. and
SUBURBAN PROPANE PARTNERS, L.P.
and SUBURBAN HEATING OIL
PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE
and SUBURBAN ENERGY SERVICES and
AGWAY ENERGY SERVICES, LLC,
individually and d/b/a SUBURBAN
PROPANE AND SUBURBAN ENERGY
SERVICES,
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
NO. 08-2234 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this ,?3RD day of MAY, 2008, before me, a Notary Public in and for said
Commonwealth and County, personally appeared STEPHEN M. GREECHER, JR., known to me
to be attorney for the Plaintiff in the above captioned action, who, being duly sworn according to
law, deposes and says that he mailed the Praecipe for Writ of Summons/Writ of Summons by
Certified Mail No. 7004 2890 0002 8004 7195, Return Receipt Requested, on April 17, 2008,
addressed to President or Authorized Agent for Service of Process for Suburban Propane, L.P.,
Individually and d/b/a Suburban Energy Services and Suburban Propa 40 Route 10 West,
Whippany, NJ 07981, and the same was received on April 22, 2 s ind' t o the Return
Receipt Card attached hereto. .-100 z
en'1?7F?'Greecher, Jr.
SWORN TO AND SUBSCRIBED before me, this11? ` ay of MAY, 2008
NOTARIAL SEAL
MICHELE KUSERY-GRANT
Notary Public
10 "OF HARRISBURG, DAUPHIN COLINTv
My Commisslon Far: ,r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
f
Notary Public
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VIRGINIA REID-PRICE,
Plaintiff
V.
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually
and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and
SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY
SERVICES and SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES GROUP,
LLC, individually and General Partner of
SUBURBAN PROPANE, L.P. and
SUBURBAN PROPANE PARTNERS, L.P.
and SUBURBAN HEATING OIL
PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE
and SUBURBAN ENERGY SERVICES and
AGWAY ENERGY SERVICES, LLC,
individually and d/b/a SUBURBAN
PROPANE AND SUBURBAN ENERGY
SERVICES,
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
NO. 08-2234 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this ;? 39n day of MAY, 2008, before me, a Notary Public in and for said
Commonwealth and County, personally appeared STEPHEN M. GREECHER, JR., known to me
to be attorney for the Plaintiff in the above captioned action, who, being duly sworn according to
law, deposes and says that he mailed the Praecipe for Writ of Summons/Writ of Summons by
Certified Mail No. 7004 2890 0002 8004 7164, Return Receipt Requested, on April 17, 2008,
addressed to President or Authorized Agent for Service of Process for Suburban Heating Oil
Partners, LLC, Individually and d/b/a Suburban Propane and S an Energy Services, 240
Route 10 West, Whippany, NJ 07981, and the same was rrc-ei n A 08, as indicated
on the Return Receipt Card attached hereto. ,?
, Jr.
SWORN TO AND SUBSCRIBED t
IAL SEAL
MICHELE KUSERy-GRANT
Notary Pub Uc
101196.1 Coy Of HARRISBURG, DAUrMIN COUNT
Commi ssion Expires Nov 5. 201 1
me, this,013 day of MAY, 2008
Notary Public
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
cn
VIRGINIA REID-PRICE,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually
and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and
SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY
SERVICES and SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES GROUP,
LLC, individually and General Partner of
SUBURBAN PROPANE, L.P. and
SUBURBAN PROPANE PARTNERS, L.P.
and SUBURBAN HEATING OIL
PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE
and SUBURBAN ENERGY SERVICES and
AGWAY ENERGY SERVICES, LLC,
individually and d/b/a SUBURBAN
PROPANE AND SUBURBAN ENERGY
SERVICES,
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
NO. 08-2234 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this ;?3" day of MAY, 2008, before me, a Notary Public in and for said
Commonwealth and County, personally appeared STEPHEN M. GREECHER, JR., known to me
to be attorney for the Plaintiff in the above captioned action, who, being duly sworn according to
law, deposes and says that he mailed the Praecipe for Writ of Summons/Writ of Summons by
Certified Mail No. 7004 2890 0002 8004 7188, Return Receipt Requested, on April 17, 2008,
addressed to President or Authorized Agent for Service of Process for Suburban Propane
Partners, L.P. Individually and d/b/a Suburban Energy Services Suburban Propane, 240
Route 10 West, Whippany, NJ 07981, and the same was re/ 2, 2008, as indicated
on the Return Receipt Card attached hereto.
er, Jr.
SWORN TO AND SUBSCRIBED before me, this 24ay of MAY, 2008
NOTARIAL SEAL i'
MICHELE KUSERY-GRANT
Notary Public N ary Public
101196.1 CITY OF HARRISBURG, DAUPHIN COUNTY
My Commission Expires Nov 5, 2011
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VIRGINIA REID-PRICE,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually
and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and
SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY
SERVICES and SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES GROUP,
LLC, individually and General Partner of
SUBURBAN PROPANE, L.P. and
SUBURBAN PROPANE PARTNERS, L.P.
and SUBURBAN HEATING OIL
PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE
and SUBURBAN ENERGY SERVICES and
AGWAY ENERGY SERVICES, LLC,
individually and d/b/a SUBURBAN
PROPANE AND SUBURBAN ENERGY
SERVICES,
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
NO. 08-2234 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
t day of MAY, 2008, before me, a Notary Public in and for said
AND NOW, this `? 3 e
Commonwealth and County, personally appeared STEPHEN M. GREECHER, JR., known to me
to be attorney for the Plaintiff in the above captioned action, who, being duly sworn according to
law, deposes and says that he mailed the Praecipe for Writ of Summons/Writ of Summons by
Certified Mail No. 7004 2890 0002 8004 7171, Return Receipt Requested, on April 17, 2008,
addressed to President or Authorized Agent for Service of Proces Suburban Energy Services
Group, LLC, Individually and General Partner of Suburban P ane, L and Suburban Propane
Partners, L.P., 240 Route 10 West, Whippany, NJ 07981, nd the ceived on April 22,
2008, as indicated on the Return Receipt Card attached to.
Greer, Jr.
SWORN TO AND SUBSCRIBED before me, this c2lay of MAY, 2008
SEAL
EMjCVH:1ELEKUsERY- ubl CRT NO at ry Public
101196.1
DAUPHIN COUNTY
ires Nov S, 2011
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(Domestic Mail Only; No Insurance Coverage Provided)
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Sent To
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?._ srreer,Apt.No.; pa ?1tern 1;P"""
orPOBoxNo.}U Route_ 10 West
City s?afe,?ziP+a ___________
--------------- - - -----------------------------------
Whippany, NJ 079$1
PS Form 3800, June .2002 See Reverse for Instructions
¦ Complete items 1, 2, and 3. Also complete A. E
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse X
so that we can return the card to you. B. Received
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Preside:it or Authorized Agent
for Service of Process for
Suburban Energy Services Group,
LLC, In3i. and General Partner
of Suburban Propane, L.P. and
Suburban Propane Partners, LP
240 Route 10 West
Whippany, NJ 07981
C.- to%of Delivery
D. Is delivery address different from item I"
If YES, enter delivery address below: ?
3. ySe?ice Type
Overtified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service label) 7004 2890 0002 8004 7171
PS Form 3811, February 2004 Domestic Return Receipt J 5 C-9 C- E 102595-02-M-1540
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AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
NO. 08-2234 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this ;? 3'" day of MAY, 2008, before me, a Notary Public in and for said
Commonwealth and County, personally appeared STEPHEN M. GREECHER, JR., known to me
to be attorney for the Plaintiff in the above captioned action, who, being duly sworn according to
law, deposes and says that he mailed the Praecipe for Writ of Summons/Writ of Summons by
Certified Mail No. 7004 2890 0002 8004 7157, Return Receipt Requested, on April 17, 2008,
addressed to President or Authorized Agent for Service of Process for Agway Energy Services,
LLC, Individually and d/b/a Suburban Propane and Suburban Energy Services, 240 Route 10
West, Whippany, NJ 07981, and the same was receive Xbp?ril 22, 2008- as indicated on the
Return Receipt Card attached hereto. , Jr.
SWORN TO AND SUBSCRIBED before me, this c224ay of MAY, 2008
NOTARIAL SEAL
MICHELE KUSERY-GRANT , j Jz? u
Notary Public ?-5-
10119 'pay OF HARRISNIRG, DAUPHIN COUNTY Not 1519c
My Commission Expims Nov S, 2011
VIRGINIA REID-PRICE,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually
and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and
SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY
SERVICES and SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES GROUP,
LLC, individually and General Partner of
SUBURBAN PROPANE, L.P. and
SUBURBAN PROPANE PARTNERS, L.P.
and SUBURBAN HEATING OIL
PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE
and SUBURBAN ENERGY SERVICES and
AGWAY ENERGY SERVICES, LLC,
individually and d/b/a SUBURBAN
PROPANE AND SUBURBAN ENERGY
SERVICES,
Defendants
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IZ-3 Sent To , LA'U'
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r- -•- AW(---• --- ----- ---------------------------------
St reet, Apt.No.; brie"rgy Services
or PO Box No.
Citysrare,ziP+a 2.4Q
Whippany, NJ 07981
PS Form 3800, June .2002 See Reverse for Instructions
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Presidenu or authuri4Cu r,6cut
for Service of Process for
Agway Energy Services, LLC,
Indi. and d/b/a Suburban Prop
and Suburban Energy Services
240 Route 10 West
Whippany, *•T 079PI
Agent
B.
C.
D. Is delivery address different from item 1? ? t
If YES, enter delivery address below: 0 No
3. Service Type
Arcertified Mail ? Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from service label) 7004 2890 0002 8004 7157
PS Form 3811, February 2004 Domestic Return Receipt P?/? JC1Ll
102595-02-M-1540 ;
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IN THE MATTER OF:
VIRGINIA REID-PRICE
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA ,?
C. ?r? Ya1I
PURSUANT TO RULE 4009.22
COURT OF COMMON PLEAS
-VS-
SURBURBAN PROPANE, ET AL
TERM,
CUMBERLAND
CASE NO: 08-2234
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MARK T. RILEY, 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: 05/27/2008
MARK T. RILEY, ESQ.
Attorney for DEFENDANT
R1.61 116-H DE11-0754027 75119-LO1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
VIRGINIA REID-PRICE
-VS-
SURBURBAN PROPANE, ET AL
COURT OF COMMON PLEAS
TERM,
CASE NO: 08-2234
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DR. TIMOTHY CLARK
MEDICAL, BILLING, AND X-RAY(S)
TO: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL
MCS on behalf of MARK T. RILEY, 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: 05/07/2008
MCS on behalf of
CC: MARK T. RILEY, ESQ. -
Any questions regarding this matter, contact
MARK T. RILEY, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
R1.61 116-H DE02-0393419 75119-COl
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
vs.
SURBURBAN PROPANE, ET AL
File No. 08-2234
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for DR. TIMOTHY CLARK
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc.. 1601 Market Street, Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: MARK T. RILEY, ES
ADDRESS: 620 FREEDOM BUS]
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COURT:
b /C
Clerk, Civil
MAY Q 7 2008 h-'e a !-
Date: 5 to, /'0a Deputy
Seal of the Court
75119-01
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR. TIMOTHY CLARK
2250 MILLENIUM WAY
ENOLA, PA 17025
RE: 75119
VIRGINIA REID-PRICE
Prior approval is required for fees in excess of $150.00 for
hospitals, $100.00 for all other providers.
INCLUDING PSYCHIATRIC RECORDS,INSURANCE COVERAGE/BENEFITS & REFFERALS
XRAY INVENTORY
Entire medical, billing, and diagnostic file, including but not limited to
any and all records, correspondence to and from the consulting and/or treating
physicians, files, memoranda, handwritten notes, history and physical reports,
medication/prescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID-PRICE
Social Security #: XXX-XX-3866
Date of Birth: 05-19-1962
R1.61 116-H SU10-0734440 75119-LO1
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26/1145407.0 19409-00105
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: MARK T. RILEY, ESQUIRE
IDENTIFICATION NO. 49427
620 Freedom Business Center, Suite 300
King of Prussia, PA 19406
(610) 354-8259
(610) 354-8299 - fax
mtriley@mdwcg.com
Attorney for Defendant, Suburban Heating Oil Partners, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
NO.: 08-2234
V.
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually and d/b/a
SUBURBAN ENERGY SERVICES and SUBURBAN
PROPANE and SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and SUBURBAN ENERGY
SERVICES GROUP, LLC, individually and General
Partner of SUBURBAN PROPANE, L.P. and SUBURBAN
PROPANE PARTNERS, L.P. and SUBURBAN HEATING
OIL PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE and SUBURBAN ENERGY SERVICES :
and AGWAY ENERGY SERVICES, LLC, individually and
d/b/a SUBURBAN PROPANE and SUBURBAN
ENERGY SERVICES
MOTION OF DEFENDANT, SUBURBAN HEATING OIL PARTNERS, LLC
TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY
On April 18, 2008, Defendant served Plaintiff with Interrogatories, Expert Witness
Interrogatories and a Request for Production of Documents. (A true and correct copy of said correspondence is
attached hereto as Exhibit "A".)
2. By correspondence dated June 17, 2008, counsel for Defendant wrote to counsel for Plaintiff
requesting answers to Defendant's written discovery within one week. (A true and correct copy of said
correspondence is attached hereto as Exhibit "B".)
3. To date, Plaintiff has failed to provide Defendant with responses to any of the aforedescribed
discovery requests.
4. Without the benefit of Plaintiffs discovery responses, counsel for Defendant is unable to conduct
additional discovery, fully evaluate this matter and/or otherwise prepare for trial of this matter.
5. Defendant is severely prejudiced and unable to prepare a defense against Plaintiffs claims
without answers to its discovery directed to Plaintiff.
WHEREFORE, Defendant requests that this Honorable Court enter an Order compelling Plaintiffs
production of answers to Defendant's Interrogatories, Expert Witness Interrogatories and Request for
Production of Documents in the form attached hereto.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
MARK T. RIL , ESQUIRE
71 ?j Attorney for Defendant
Date: f ? 0
26/1 145407.v 1 19409-00105
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: MARK T. RILEY, ESQUIRE
IDENTIFICATION NO. 49427
620 Freedom Business Center, Suite 300
King of Prussia, PA 19406
(610) 354-8259
(610) 354-8299 - fax
mtriley@mdwcg.com
Attorney for Defendant, Suburban Heating Oil Partners, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
V.
NO.: 08-2234
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually and d/b/a
SUBURBAN ENERGY SERVICES and SUBURBAN
PROPANE and SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and SUBURBAN ENERGY
SERVICES GROUP, LLC, individually and General
Partner of SUBURBAN PROPANE, L.P. and SUBURBAN
PROPANE PARTNERS, L.P. and SUBURBAN HEATING
OIL PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE and SUBURBAN ENERGY SERVICES :
and AGWAY ENERGY SERVICES, LLC, individually and
d/b/a SUBURBAN PROPANE and SUBURBAN
ENERGY SERVICES
MEMORANDUM OF LAW IN SUPPORT OF MOTION OF DEFENDANT
TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY
On April 18, 2008, Defendant served Plaintiff with Interrogatories, Expert Witness Interrogatories and a
Request for Production of Documents. (A true and correct copy of said correspondence is attached hereto as
Exhibit "A".) By correspondence dated June 17, 2008, counsel for Defendant wrote to counsel for Plaintiff
requesting answers to Defendant's written discovery within one week. (A true and correct copy of said
correspondence is attached hereto as Exhibit "B".) To date, Plaintiff has failed to provide Defendant with
responses to any of the aforedescribed discovery requests.
Without the benefit of Plaintiffs discovery responses, counsel for Defendant is unable to conduct
additional discovery, fully evaluate this matter and/or otherwise prepare for trial of this matter. Defendant is
severely prejudiced and unable to prepare a defense against Plaintiffs claims without answers to its discovery
directed to Plaintiff.
WHEREFORE, Defendant requests that this Honorable Court enter an Order compelling Plaintiffs
production of answers to Defendant's Interrogatories, Expert Witness Interrogatories and Request for
Production of Documents in the form attached hereto.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
T. RILFX,-ESQUIRE
f r/ Attorney for Defendant
Date: /l?/?J
VERIFICATION
Mark T. Riley, hereby states that he is the attorney for Defendant in this action and verifies that the
statements made in the foregoing Motion to Compel Plaintiffs Answers to Interrogatories, Expert Witness
Interrogatories and Request for Production of Documents are true and correct to the best of his knowledge,
information and belief. The undersigned understands that the statements therein are made subject to the
penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
MARK T. EY
26/1145407A v l 19409-00105
EXHIBIT "A"
A REGIONAL DEFENSE LITIGATION Law FIRM
PENNSYLVANIA
DENNEMY, WAIUVER,
MARSHALL COLEMAN S GOGIGINI Do l sto n
, Erie
A P R O F E S$ 1 O N A L C O R P O R A T 1 0 N t?t????
vvww.mamha11dIo ehey.com Harrisburg
King of Prussia
Philadelphia
Pittsburgh
Scranton
Williamsport
620 Freedom Business Center, Suite 300 - King of Prussia, PA 19406 NEW JERSEY
(610) 354-8250 • Fax (610) 354-8299 Cheery H u
Roseland
DELAWARE
Wilmington
01no
Direct Dial: 610-354-8259 Akron
Email: mtriley@mdwcg.com PLORWA
Ft. Lauderdale
Jacksonville
Orlando
Tampa
April 18, 2008
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Re: Reid-Price v. Suburban Propane, et al.
Cumberland County CCP No. 08-2234
Our File No.: TO BE PROVIDED
Dear Mr. Greecher:
As we discussed, I have been retained to represent Suburban Propane in the above matter. The correct
corporate entity is Suburban Heating Oil Partners, LLC. I enclose a copy of my Entry of Appearance, a
Praecipe and Rule for a Complaint and written discovery directed to your client. Kindly forward Plaintiffs
Complaint within twenty (20) days. I realize that service of the discovery is not effective until after the
Complaint has been filed. I am forward it to you at this time as a courtesy to provide you with additional time
within which to provide your responses. Kindly provide the answers to the discovery requests within thirty (30)
days of the filing of the Complaint.
In addition, I would appreciate it if you would stipulate to amend the caption to reflect only the correct
corporate defendant, Suburban Heating Oil Partners, LLC.
I look forward to hearing from you regarding all of the above.
6(agry
Mark T. Riley
MTRImk
Enclosures
26/1112176.v1
? i ?; .??`
EXHIBIT "B"
A REGIONAL DEFENSE LITIGATION LAW FIRM
MARSHALL
DENNEHEY
WAIMR
COMM ,Go?
Gny I PENNSYLVANIA
Bethlehem
,
,
, , Doylestown
A P R O F E S S I O N A L C O R P O R A T 1 0 N
www.manhaUdennehey.com Erie
Harrisburg
King of Prussia
Philadelphia
Pittsburgh
Scranton
620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 Wi
°"
(610) 354-8250 - Fax (610) 354-8299 wJER
NherryEHillY
Roseland
Dm AiARE
Wilmington
Direct Dial: 610-354-8259
Akron
Email: mtriley@mdwcg.com FLORIDA
Ft. Lauderdale
Jacksonville
Orlando
Tampa
June 17, 2008
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Re: Reid-Price v. Suburban Propane, et al.
Cumberland County CCP No. 08-2234
Our File No.: 19409-00105
Dear Mr. Greecher:
Upon reviewing my file, I note that you have not yet provided answers to Defendant's written discovery
which were forwarded to you on April 18, 2008. Kindly forward same within one week of this letter so that a
Motion to Compel same will not be required.
I thank you for your anticipated courtesy and I look forward to hearing from you.
Very truly ours,
COPY
Mark T. Riley
MTR/mk
26(1140463.v1
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2 6/ 114 5407. v 1 19409-00105
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: MARK T. RILEY, ESQUIRE
IDENTIFICATION NO. 49427
620 Freedom Business Center, Suite 300
King of Prussia, PA 19406
(610) 354-8259
(610) 354-8299 - fax
mtriley@mdwcg.com
Attorney for Defendant, Suburban Heating Oil Partners, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
NO.: 08-2234
V.
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually and d/b/a
SUBURBAN ENERGY SERVICES and SUBURBAN
PROPANE and SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and SUBURBAN ENERGY
SERVICES GROUP, LLC, individually and General
Partner of SUBURBAN PROPANE, L.P. and SUBURBAN
PROPANE PARTNERS, L.P. and SUBURBAN HEATING
OIL PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE and SUBURBAN ENERGY SERVICES :
and AGWAY ENERGY SERVICES, LLC, individually and
d/b/a SUBURBAN PROPANE and SUBURBAN
ENERGY SERVICES
CERTIFICATE OF SERVICE
MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and
correct copy of Defendant's Motion to Compel Plaintiffs Answers to Discovery and Memorandum of Law were
forwarded to counsel on July 7, 2008 and said documents were sent first class mail, postage prepaid, to the last
known address of the other parties or their representatives.
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: i"
MARK T. RILE. S
Attorney for Defendant
til
-
t
0
4
4
A REGIONAL DEFENSE LITIGATION LAW FIRM
PENNSYLVANIA
MARSHALL., DENNEHEY, WARNER, COLEMAN ?ji GOGGIN Bethlehem
Doylestown
Erie
A P R O F E S S 1 0 N A I C O R P O R A T 1 0 N www.manhafl&nnehey.com Harrisburg
King of Prussia
Philadelphia
Pittsburgh
Scranton
620 Freedom Business Center, Suite 300 - King of Prussia, PA 19406 Williamsport
NEW JEtsaY
(610) 354-8250 • Fax (610) 354-8299 Cherry Hill
Roseland
DELAWARIL
Wilmington
l,,,s ,g f„ c ; ??°c Aron
Direct Dial: 610-354-8259
Email: mtriley@mdwcg.com PLORMA
Ft. Lauderdale
Y Jacksonville
Orlando
Tampa
July 7, 2008
Prothonotary
Court of Common Pleas of Cumberland County
Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Re: Reid-Price v. Suburban Propane, et al.
Cumberland County CCP No. 08-2234
Our File No.: 19409-00105
Dear Sir/Madam:
0.e-j '9 rjels 4 tk?_dra5
Enclosed please find an original and one copy of the Motion of Defendant, Suburban Heating Oil
Partners, LLC to Compel Plaintiffs Answers to Discovery. Kindly file the original of record and return a time-
stamped copy in the enclosed self-addressed stamped envelope.
Thank you for your assistance.
Very urs, ;,
y'`
Mark T. Riley
MTR/mk
Enclosures
cc: ' Stephen M. Greecher, Jr.
26/1 1 4891 0.vl
W1430?x
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
NO.: 08-2234
V.
SUBURBAN PROPANE and
SUBURBAN ENERGY SERVICES and
SUBURBAN PROPANE, L.P., individually and d/b/a
SUBURBAN ENERGY SERVICES and SUBURBAN
PROPANE and SUBURBAN PROPANE PARTNERS, L.P.,
individually and d/b/a SUBURBAN ENERGY SERVICES
and SUBURBAN PROPANE and SUBURBAN ENERGY
SERVICES GROUP, LLC, individually and General
Partner of SUBURBAN PROPANE, L.P. and SUBURBAN
PROPANE PARTNERS, L.P. and SUBURBAN HEATING
OIL PARTNERS, LLC, individually and d/b/a
SUBURBAN PROPANE and SUBURBAN ENERGY SERVICES :
and AGWAY ENERGY SERVICES, LLC, individually and
d/b/a SUBURBAN PROPANE and SUBURBAN
ENERGY SERVICES
ORDER
1k
AND NOW, this 17 day of T) , 2008 it is hereby ORDERED and DECREED that
Plaintiff shall provide Defendant with complete copies of its responses to Defendant's Interrogatories, Expert
Witness Interrogatories and Request for Production of Documents within twenty (20) days from the date of this
Order.
BY THE COURT:
4A V
2 6/1 1 45407. V 1 19409-00105
A31' • k/?bt
0? • 1 HJ L : r ow
Tucker Arensberg, P.C. 111 North Front Street
BY: P. O. Box 889
Stephen M. Greecher, Jr. (I.D. No. PA-36803) Harrisburg, PA 17108-0889
ATTORNEYS FOR PLAINTIFF (717) 234-4121
VIRGINIA REID-PRICE,
Plaintiff
V.
SUBURBAN HEATING OIL PARTNERS,
LLC,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2234 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CIVIL ACTION COMPLAINT
"NOTICE"
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (2o) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you buy 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 of 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.
LAWYER REFERENCE SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166 - Toll Free (goo) 99o-91o8
"AVISO"
"Le han demandado en corte. Si usted desea defender contra las demandas
dispuestas en las p8ginas siguientes, usted debe tomar la acci6n en el plazo de
veinte (20) dial despuds 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 pars 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 USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO,
ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N
SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA
DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO
O NINGUN HONORARIO
SERVICIO DE REFERENCIA LEGAL
Cumberland County Bar Association
32 South Bedford
Carlisle, Pennsylvania 17013
(717) 249-3166 - Toll Free (goo) 99o-91o8
102858.1
11
VIRGINIA REID-PRICE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-2234 CIVIL TERM
SUBURBAN HEATING OIL PARTNERS, CIVIL ACTION - LAW
LLC,
Defendant JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff is Virginia Reid-Price, an adult individual, currently residing at 7 Beagle
Club Road, Carlisle, Cumberland County, PA 17013.
2. Defendant is Suburban Heating Oil Partners, LLC, a corporation with a place of
business located at 530 East North Street, Carlisle, PA 17013.
3. In April 2006, Plaintiff resided as a tenant at 811 West Trindle Road,
Mechanicsburg, PA 17055 (the 'Residence").
4. The Residence was equipped with an oil fired furnace.
5. Earlier in the month of April 2006, Plaintiff noticed oil around the furnace and
advised her landlord.
6. It is believed and therefore averred that the landlord contacted Defendant,
Suburban Heating Oil Partners, for service on the furnace.
7. On April 25, 2006, an agent, servant or employee of Defendant, Suburban
Heating Oil Partners, acting within his capacity as such, by the name of "Matthew" came to the
residence for the purpose of working on the furnace.
8. Matthew advised Plaintiff that he had to replace a nozzle in the furnace.
9. While Matthew was working in the basement, Plaintiff smelled a burning smell
and she went to the basement.
10. Plaintiff observed black smoke coming out of the flapper on the vent pipe and
black smoke was also coming out of the seams and creases and the door of the furnace.
Plaintiff made an effort to seal the flapper.
11. Matthew asked Plaintiff for a fan and Plaintiff obtained one or more fans for
Matthew.
12. The Fire Department was called and arrived at approximately 11:30 a.m. and
remained on the scene until approximately 12:07 p.m.
13. The Fire Department brought additional fans to evacuate the smoke.
14. Before the fire company arrived, Plaintiff had her daughter evacuate the home
and Plaintiff returned to the basement. Matthew was still working on the furnace and he
opened the door of the furnace and there was the sound of a boom. Thereafter, Plaintiff
evacuated the basement.
15. Defendant, Suburban Heating Oil Partners, and its agent, servant and employee
were negligent in that:
a. Matthew ignited or started the furnace when it should not have been
started;
b. Matthew did not properly clean the oil out of the inside of the furnace or
properly clean the furnace;
C. Matthew did not assure that the furnace was properly vented before he
ignited the furnace;
d. Matthew improperly opened the furnace door when it should not have
been opened;
e. Matthew failed to use the care, skill and expertise of a workman
performing the services at issue in this matter
-2-
Defendant did not provide Matthew with proper training, instruction and
supervision;
16. As a result of the negligence of Defendant and its agent, servant and employee,
Plaintiff suffered various personal injuries, including pulmonary injuries, emotional distress and
mental anguish.
17. Plaintiff has undergone medical care and incurred medical expenses as a result
of the injuries that she suffered due to the negligence of Defendant and its agent, servant and
employee for which she claims herein.
18. Plaintiff has suffered a loss of earnings and earning capacity as a result of the
injuries she suffered due to the negligence of Defendant and its agent, servant and employee
as set forth herein.
19. Plaintiff has endured pain, suffering and a loss of life's pleasures as a result of
the injuries she suffered due to the negligence of Defendant and its agent, servant and
employee as set forth herein.
WHEREFORE, Plaintiff requests judgment in her favor in an amount not in excess of
the amount requiring referral of this matter to compulsory arbitration pursuant to local rules,
plus costs, interest and delay damages.
DATE: /
102825.1
TUCKER
By:
-3-
5tephei`f M. Greecher.
Jr.
Attorney's I.D. No. P -36803
111 North Front Stree
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
FICATION
I, VIRGINIA REID-PRICE, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
102361.1
JVirginia R -Prime
CERTIFICATE OF SERVICE
AND NOW, this 15r" day of AUGUST, 2008, I, Jacquelyn Zettlemoyer, Secretary to
Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for
Plaintiff, hereby certify that I have this day served the within document by depositing a true and
correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Mark T. Riley, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
610 Freedom Business Center, Suite 300
King of Prussia, PA 19406
ATTORNEYS FOR DEFENDANT,
SUBURBAN HEATING OIL PARTNERS, LLC
102739.1
j A I
Jacquel"?yr Zett emoyer
C7 by
co ;
zz,
IN THE MATTER OF:
VIRGINIA REID-PRI
SUBURBAN PROPANE,
As a prerequisite
to Rule 4009.22
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
COURT OF COMMON PLEAS
CE TERM,
CUMBERLAND
-VS- CASE NO: 08-2234
ET AL
to service of a subpoena for documents and things pursuant
MCS on behalf of MARK T..RILEY, 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 noti.ce of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 09/1212008
MCS on behalf of
MARK T. RILEY, ESQ.
Attorney for DEFENDANT
1 I.70S 105-N DEII-0775120 8 4 5 5 6- L 0 1
I 1
COA??IOIVWEALTH OF PENNSYLVAN I A
COUNT Y C )IF
C UMB E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
VIRGINIA REID-PRICE
_VS_
SUBURBAN PROPANE, ET AL
TERM,
CASE NO: 08-2234
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUC DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
A Note: see enclosed list of locations A
TO: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL
MCS on behalf of MARK T. RILEY, 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: 08/21/2008
CC: MARK T. RILEY, ESQ. 19409-00105
Any questions regarding this matter, contact
STEPHEN M. GREECHER, ESQ.
111 N. FRONT STREET
PO BOX 889
HARRISBURG, PA 171080889
MCS on behalf of
MARK T. RILEY, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
(1800
PHILADELPHIA, PA 19103
(215) 246-0900
R1.70S 105-N DE02-0401864 8 4 5 5 5 -
>>> LOCATION LIST <<<
PAGE
LOCATION NAME RECORDS REQUESTED
KRISTINA WAGNER, M.D.
DR. TIMOTHY CLARK
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
HOLY SPIRIT HOSPITAL
HOLY SPIRIT HOSPITAL
HOLY SPIRIT HOSPITAL
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING. AND X-RAY(S)
MEDICAL RECORDS
BILLING ONLY
X-RAY ONLY
MEDICAL RECORDS
BILLING ONLY
X-RAY ONLY
MEDICAL RECORDS
BILLING ONLY
X-RAY ONLY
R1.70S 105-N DE02-0401864 8 4 5 5 6 -
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
File No. 08-2234
VS.
SUBURBAN PROPANE, ET AL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for KRISTINA WAGNER M D
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at _ The MCPS, Group Inc 1601 Market Street, Suite 800 Philad lp ia, PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME MARK. T RILEY ESO
ADDRESS 620 FF.T)O11d NESS CNT,
SIIII'E 300
-KING OF PRU SIA, PA 19406
TELEPHONE: _ (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
Date:
Seal of the Court
BY THE OURT:
r thonotary/Clerk, Civil Dtvisi
Deputy
84556-01
EXPLANATION
TO: CUSTODIAN OF RECORDS FOR:
KRISTINA WAGNER, M. D.
PINNACLE HEALTHCARE
1 TRINITY DRIVE EAST
DILLSBURG, PA 17019
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
OF REQUIRED RECORDS
Prior approval is required for fees in excess of 0150.00 for
hospitals, 0100.00 for all other providers.
FILM INVENTORY
Entire medical, billing, and diagnostic file, including but not limited to
any and all records, correspondence to and from the consulting and/or treating
physicians, files, memoranda, handwritten notes, history and physical reports,
medication/prescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: XXX-XX-3866
Date of Birth: 05-19-1962
.1.705 105-N
SU10-0748128 8 4 5 5 6- L 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
VS.
SUBURBAN PROPANE, ET AL
File No. 08-2234
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for DR. TIMOTHY CLARK
(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 GEmW. 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 malting 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: MARK T. RILEY. ESQ.
ADDRESS: 620 FREEDOM BUSINESS CNT.
SUITE 300
KING OF PRUSSIA; PA 19406
TELEPHONE: 151246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
?lUs 21 2Q
Date: 10 .2jooa
Seal of the Court
84556-02
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR. TIMOTHY CLARK
2250 MILLENIUM WAY
ENOLA, PA 17025
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
Prior approval is required for fees in excess of 13150.00 for
hospitals, 13100.00 for all other providers.
FILM INVENTORY
Entire medical, billing, and diagnostic file, including but not limited to
any and all records, correspondence to and from the consulting and/or treating
physicians, files, memoranda, handwritten notes, history and physical reports,
medication/prescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security /{: XXX-XX-3866
Date of Birth: 05-19-1962
'.1.70S 105-N SU10-0748130 84556-T.02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
VS.
SUBURBAN PROPANE, ET AL
File No. 08-2234
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HARRISBURG HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: ****SEE ATTACHED RMER
at The MCS Grog, Inc 1601 Market Street. Suite 800 Philadejphia. 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: MARK T. RILEY. ESQ.
ADDRESS: 620 FREEDOM BUSINESS CNT.
SUITE 300
KING OF PRUSSIA. PA 19406
TELEPHONE: (215) 2460900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
'AUG 21 2WO
?
Date AU 6.
Seal of the Court
BY THE TURT:
A 'D 0
Prothonotary/Clerk, Civil Di
eputy
84556-03
EXPLANATION OF
TO: CUSTODIAN OF RECORDS FOR:
HARRISBURG HOSPITAL
MEDICAL RECORDS
111 S. FRONT STREET
HARRISBURG, PA 17101
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
REQUIRED RECORDS
Prior approval is required for fees in excess of a150.00 for
hospitals, 0100.00 for all other providers.
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, test, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: 175-48-3866
Date of Birth: 05-19-1962
1.70S 105-N SU10-0748132 8 4 5 5 6- L O 3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
File No. 08-2234
VS.
SUBURBAN PROPANE, ET AL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Custodian of Records for HARRISBURG HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER****
at The MC4 Ca=- Inc.. 1601 Market Street Suite 800, P ila& is 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: MARK T. RILEY, ESQ.
ADDRESS: 620 FREEDOM BUSINESS CNT.
SUITE 300
KING OF PRUSSIA. PA 19406
TELEPHONE:. (215) 246-0900
SUPREME COURT ID M
ATTORNEY FOR: Defendant
'A JG 21 2008
Date: (tj2.
Seal of the Court
BY THE URT:
ro onotary/Clerk, Civil Divisi
eputy
84556-04
EXPLANATION OF
TO: CUSTODIAN OF RECORDS FOR:
HARRISBURG HOSPITAL
BILLING RECORDS
111 S. FRONT STREET
HARRISBURG, PA 17101
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
REQUIRED RECORDS
Prior approval is required for fees in excess of 0150.00 for
hospitals, 0100.00 for all other providers.
Any and all billing, insurance claims, payments, outstanding and/or delinquent
invoices, including any and all such items as may be stored in a computer
database or otherwise in electronic form, relating to any examination,
consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: 175--08-3866
Date of Birth: 05-19-1962
:1.70S 105-N SU10-0748134 8 4 5 5 6- L O 4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
VS.
SUBURBAN PROPANE, ET AL
File No. 08-2234
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HARRISBURG HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Ga=- Inc.- 1601 Market Street. Suite 800. Philadelpbia- 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:., MARK T. RILEY. ESQ.
ADDRESS: 620 FREEDOM BUSINESS CNT.
SUITE 300
M OF PRUSSIA, PA 19406
TELEPHONE: X2151246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
'AUG 21 1008
Date:
Seal of the Court
BY THE OURT.
ro onotary/Clerk, Civil Di si
x
Deputy
84556-05
EXPLANATION
TO: CUSTODIAN OF RECORDS FOR:
HARRISBURG HOSPITAL
RADIOLOGY DEPT.
111 S. FRONT STREET
HARRISBURG, PA 17105
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
OF REQUIRED RECORDS
Prior approval is required for fees in excess of 0150.00 for
hospitals, 0100.00 for all other providers.
FILM INVENTORY
Any and all x-ray films and reports, including any and all such items as may
be stored in a computer database or otherwise in electronic form,
pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: 175-48-3866
Date of Birth: 05-19-1962
1.70S 105-N SU10-0748136 8 4 5 5 6- L O 5
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
File No. 08-2234
VS.
SUBURBAN PROPANE, ET AL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Custodian of Records for HOLY SPIRIT HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: ****SEE ATTACHED RIDER****
at ` The MCS Group. Inc.- 1601 Market Street Suite 800, Philadelphia- PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:. MARK T. RILEY. ESQ.
ADDRESS: 620 FREEDOM BUSINESS CNT.
SUITE 300
KING OF PRUSSIA, PA 19406
TELEPHONE: (215) 246-0900
SUPREME COURT ID M
ATTORNEY FOR: Defendant
AUG 21 2008
Date:
Seal of the Court
BY THE URT:
rothonotary/Clerk, Civil Divisio
eputy
84556-06
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRIT HOSPITAL
MEDICAL RECORDS
503 N. 21ST STREET
CAMP HILL, PA 17011
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
Prior approval is required for fees in excess of 0150.00 for
hospitals, 0100.00 for all other providers.
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, test, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: 175-48-3866
Date of Birth: 05-19-1962
:1.705 105-N SU10-0748138 8 4 5 5 6- L O G
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
VS.
SUBURBAN PROPANE, ET AL
File No. 08-2234
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HOLY SPIRIT HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS CaM. Inc 1601 Market Street Suite 800- Philadelphia PA 14103
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:; MAU T. RILEY. ESQ.
ADDRESS: 620 FREEDOM BUSINESS CNT.
SUITE 300
K24G OF PRUSSIA. PA_ 19406
TELEPHONE: (215) 246.0900
SUPREME COURT ID M
ATTORNEY FOR: Defendant
MU 2 12008
Date:
Seal of the Court
BY ThE OURT.
r
thonotary/Clerk, Civil Divi '
eputy
84556-07
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRIT HOSPITAL
BILLING DEPT.
503 N. 21ST STREET
CAMPHILL, PA 17011
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
Prior approval is required for fees in excess of 0150.00 for
hospitals, 13100.00 for all other providers.
Any and all billing, insurance claims, payments, outstanding and/or delinquent
invoices, including any and all such items as may be stored in a computer
database or otherwise in electronic form, relating to any examination,
consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: 175-48-3866
Date of Birth: 05-19-1962
:1.70S 105-N SU10-0748140 8 4 5 5 6- L O 7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
VS.
SUBURBAN PROPANE, ET AL
File No. 08-2234
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HOLY SPIRIT HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RMM ****
at The MCS Group Inc 1601 Market Street. Suite 800 Phi_ladeWa, 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: MARK T. RILEY. ESOP
ADDRESS: 620 FItFF.I)C)M BUSINESS CNT.
SUITE 30
KING OF PRUSSIA. PA 19406
TELEPHONE: (21) 2460900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
AUG 21 2008
Date:
Seal of the Court
BY THE URT:
L-Lo
ro onotary/Clerk, Civil DivisiE
eputy
84556-08
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRIT HOSPITAL
RADIOLOGY DEPT.
503 N. 21ST STREET
CAMP HILL. PA 17011
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
Prior approval is required for fees in excess of $150.00 for
hospitals, $100.00 for all other providers.
FILM INVENTORY
Any and all x-ray films and reports, including any and all such items as may
be stored in a computer database or otherwise in electronic form,
pertaining to:
Dates Requested: up to and including the present.
subject : VIRGINIA REID A/R/A RBID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: 175-48-3866
Date of Birth: 05-19-1962
R1.87 116-x SU10-0748410 84556-LO8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
File No. 08-2234
VS.
SUBURBAN PROPANE, ET AL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO Custodian of Records for SEIDLE MEMORIAL HOSPITAL.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: ' **** SEE ATTACHED RIDER ****
at The MCS Grote, Inc.. 1601 Market Street, Suite 800, P ilad lpbia. 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: MARK T. RILEY. ESQ.
ADDRESS: .620 FREEDOM BUSINESS CNT.
SUITE 300
KING OF PRUSSIA. PA 19406
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
AUG 21 2008
Date: -7 42Q Aa..?o
Seal of the Court
BY THE URT:
rothonotary/Clerk, Civil Divi '
Deputy
84556-09
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SEIDLE MEMORIAL HOSPITAL
MEDICAL RECORDS
120 S. FILBERT ST.
MECHANICSBURG, PA 17055
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
Prior approval is required for fees in excess of $150.00 for
hospitals, $100.00 for all other providers.
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, test, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: XXX-XX-3866
Date of Birth: 05-19-1962
R1.70S 144-H SU10-0748248 84556-LO9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
VS.
File No. 08-2234
SUBURBAN PROPANE, ET AL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for SEIDLE MEMORIAL HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: ****SEE ATTACHED RIDER ****
at The MCS C==. 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 MARK T. RILEY. ESQ.
ADDRESS: 620'FREEDOM BUSINESS CNT.
SUITE 300
KING OF PRUSSIA. PA 19406
TELEPHONE:: (2115) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
`AUG 21 2Q08
Date: - Aft to
Seal of the Court
BY THE C URT:
0 onotary/Clerk, Civil Divisio
eputy
84556-10
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SEIDLE MEMORIAL HOSPITAL
BILLING RECORDS
120 S. FILBERT ST.
MECHANICSBURG, PA 17055
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
Prior approval is required for fees in excess of $150.00 for
hospitals, $100.00 for all other providers.
Any and all billing, insurance claims, payments, outstanding and/or delinquent
invoices, including any and all such items as may be stored in a computer
database or otherwise in electronic form, relating to any examination,
consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/R/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: XXX-XX-3866
Date of Birth: 05-19-1962
R1.70S 144-H SU10-0748250 84556-LlO
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
VIRGINIA REID-PRICE
VS.
SUBURBAN PROPANE, ET AL
File No. 08-2234
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Custodian of Records for SEIDLE MEMORIAL HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The M CS GrojW Inc., 1601 Market Street. Suite 800. P iladelPlia_ 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: MARK T. RILEY. ESQ.
ADDRESS: 620 FREEDOM BUSINESS CNT.
_SUITE 300
KING OF PRUSSIA- PA 19406
TELEPHONE:' (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
AUG 21 2008
Date: ( ao, Up
Seal of the Court
BY THE C URT:
onotary/Clerk, Civil Divisia/
uty
84556-11
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SEIDLE MEMORIAL HOSPITAL
RADIOLOGY DEPT
120 S. FILBERT ST.
MECHANICSBURG, PA 17055
RE: 84556
VIRGINIA REID A/K/A REID-PRICE
Prior approval is required for fees in excess of $150.00 for
hospitals, $100.00 for all other providers.
FILM INVENTORY
Any and all x-ray films and reports, including any and all such items as may
be stored in a computer database or otherwise in electronic form,
pertaining to:
Dates Requested: up to and including the present.
Subject : VIRGINIA REID A/K/A REID-PRICE
7 BEAGLE CLUB ROAD, CARLISLE, PA 17013
Social Security #: XXX-XX-3866
Date of Birth: 05-19-1962
R1.70S 144-H SU10-0748252 84556-Lll
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,.;'};err Coll)
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TO: PLAINTIFF
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN 2ft DAYS FROM SERVICE HEREOF OR
A JUDGMENT MAY BE ENTERED A ?NST YOU.
BY:
MARK T. RELEY-,ESQUNW
ATTORNEY FOR DEFENDANTS
26/ 116 &399.v 1 19409-105
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: MARK T. RILEY, ESQUIRE
IDENTIFICATION NO. 49427
620 Freedom Business Center, Suite 300
King of Prussia, PA 19406
(610) 354-8259
(610) 354-8299 - fax
mtriley@mdwcg.com
Attorney for Defendant, Suburban Heating Oil Partners, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
NO.: 08-2234
V.
SUBURBAN HEATING OIL PARTNERS, LLC
ANSWER AND NEW MATTER SUBURBAN HEATING OIL PARTNERS, LLC
TO PLAINTIFF'S COMPLAINT
Defendant, Suburban Heating Oil Partners, LLC, by and through their attorneys, Marshall, Dennehey,
Warner, Coleman & Goggin hereby Answers the Complaint with New Matter as follows:
1. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or
information to form a belief as to the truth or falsity of the matters alleged herein and, hence, same are denied
with strict proof thereof demanded at the time of trial.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. The matters alleged herein are denied pursuant to Pa. R.C.P. 1029(e).
6. Admitted.
7. Denied. Plaintiffs allegations with regard to agency are conclusionary and no responsive
pleading is therefore required pursuant to the Pennsylvania Rules of Civil Procedure and same are deemed
denied. If the allegations herein are deemed factual, said allegations are denied pursuant to Pa. R.C.P. 1029(e).
8-14. Denied. The matters alleged herein are denied pursuant to Pa. R.C.P. 1029(e).
15(a)-(f). Denied. Plaintiffs allegations with regard to agency are conclusionary and no responsive
pleading is therefore required pursuant to the Pennsylvania Rules of Civil Procedure and same are deemed
denied. If the allegations herein are deemed factual, it is denied that any agent, servant, workman or employee
of Answering Defendant acted in a negligent fashion within the course and scope of his employment or at the
direction or control of his principal and strict proof thereof is demanded at the time of trial. By way of further
answer, the remaining factual allegations contained herein are denied pursuant to Pa. R.C.P. 1029(e).
16-19. Denied. Plaintiffs allegations with regard to agency are conclusionary and no responsive
pleading is therefore required pursuant to the Pennsylvania Rules of Civil Procedure and same are deemed
denied. If the allegations herein are deemed factual, it is denied that any agent, servant, workman or employee
of Answering Defendant acted in a negligent fashion within the course and scope of his employment or at the
direction or control of his principal and strict proof thereof is demanded at the time of trial. By way of further
answer, the remaining factual allegations contained herein are denied pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, Answering Defendant demands judgment in its favor and against the Plaintiff.
NEW MATTER
20. Plaintiffs causes of action are barred in whole or in part by the provisions of the Pennsylvania
Comparative Negligence Act.
2
21. Plaintiff s causes of action are barred by Plaintiffs assumption of a known risk and/or
contributory negligence.
23. Plaintiffs causes of action are barred by the applicable statues of limitations.
24. If Plaintiff sustained the injuries as alleged in her Complaint, which is strictly denied, then they
were caused by the negligence, carelessness and reckless of individuals or entities over whom Answering
Defendant had no control nor right to control.
WHEREFORE, Answering Defendant prays that Plaintiffs Complaint be dismissed with costs and
prejudice.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
DIRE
MARK T. RILEY, ESQ
Attorney for Defendants
Suburban Heating Oil Partners, LLC
Date: 116--la
VERIFICATION
Janemary Belsole, Esquire being duly sworn according to law deposes that she is
Defendant, Suburban Heating Oil Partners, LLC and that she is authorized to take this v 'fication on behalf of
Defendant and that the facts set forth in the foregoing Answer with New Matter to Plaintiffs Complaint are true
and correct to the best of her knowledge, information, and belief. The undersigned understands that the
statements therein are made subject to the penalties of 18 Pa.C.S. §4904, which provides for certain penalties
for malting false statements.
ANEMARY BW40LE, ESQUIRE
2611168399.0 19409-105
26/1168399A 19409-00105
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: MARK T. RILEY, ESQUIRE
IDENTIFICATION NO. 49427
620 Freedom Business Center, Suite 300
King of Prussia, PA 19406
(610) 354-8259
(610) 354-8299 - fax
mtriley@mdwcg.com
Attorney for Defendant, Suburban Heating Oil Partners, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
NO.: 08-2234
V.
SUBURBAN HEATING OIL PARTNERS, LLC
CERTIFICATE OF SERVICE
MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and
correct copy of Defendant's Answer with New Matter to Plaintiffs Complaint was forwarded to counsel on
September 15, 2008 and said document was sent first class mail, postage prepaid, to the last known address of
the other parties or their representatives.
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GO G
BY:
MARK T. RI EY, E DIRE
Attorney for Defendants
Suburban Heating Oil Partners, LLC
x
_ ._ y c r•
VIRGINIA REID-PRICE,
V.
NO. 08-2234 CIVIL TERM
SUBURBAN HEATING OIL PARTNERS, CIVIL ACTION - LAW
LLC,
Defendant JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
20. The allegations of Paragraph 20 are conclusions of law to which no response is
required.
21. The allegations of Paragraph 21 are conclusions of law to which no response is
required.
23. The allegations of Paragraph 23 are conclusions of law to which no response is
required. To the extent the allegations are deemed to be factual, the allegations are denied
pursuant to Pennsylvania Rules of Civil Procedure.
24. The allegations of Paragraph 24 are conclusions of law to which no response is
required. To the extent the allegations are deemed to be factual, the allegations are denied
pursuant to Pennsylvania Rules of Civil Procedure.
TUCKER ARENSBERG, P.C.
Bar
DATE:
103592.1
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Stephen M. Greecher, Jr.
Attorney's I.D. No. PA-36803
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
4'? 1%.
VERIFICATION
I, VIRGINIA REID-PRICE, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
c
()-'1- Virginia id-Price
102361.1
L `'0%.
CERTIFICATE OF SERVICE
AND NOW, this c257-Hday of SEPTEMBER, 2008, I, Jacquelyn Zettlemoyer,
Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C.,
attorneys for Plaintiff, hereby certify that I have this day served the within document by
depositing a true and correct copy of the same in the United States Mail, first class, postage
prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Mark T. Riley, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
610 Freedom Business Center, Suite 300
King of Prussia, PA 19406
ATTORNEYS FOR DEFENDANT,
SUBURBAN HEATING OIL PARTNERS, LLC
102739.1
QAS-4'?
Jacquelyn ettlemoyer
n
C, O
i"7
-- c,1 J rn
53
N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
VIRGINIA REID-PRICE
V.
NO.: 08-2234
SUBURBAN HEATING OIL PARTNERS, LLC
PRAECIPE TO SETTLE, DISCONTINUE & END
TO THE PROTHONOTARY:
Kindly mark the above matter, Settled, Discontinued and Ended with prejudice upon
receipt of your costs.
TUCKER A ENSIJERG, P.C.
BY:
5TEFFIEN M. GR=HER, JR., ESQUIRE
Attorney for Plaintiff
r
DATED: V
26/: 345991.v l 19469-105 .0imp
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OF THE PP07-110NIOTARY
2009 SEP 14 Phi 3: 0 3
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