The URL can be used to link to this page

Home My WebLink About08-2725 LOWENTHAL & ABRAMS, P.C. By: Richard J. Zemble, Esquire Attorney I.D. No. 90795 Dennis M. Abrams, Esquire Attorney I.D. No. 40184 555 City Line Avenue, Ste. 500 Bala Cynwyd, PA 19004 610-667-7511 THIS IS NOT AN ARBITRATION MATTER ASSESSMENT OF DAMAGES IS REQUIRED. JURY TRIAL DEMANDED Attorneys for Plaintiffs DEBRA RUSSELL and LAWRENCE RUSSELL, w/h 2577 Boy Scout Drive Hustontown, PA 17229 V. PETRO STOPPING CENTERS, L.P. 1201 Harrisburg Pike Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08 - o117AS Civil I-err. 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 (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 v LOWENTHAL & ABRAMS, P.C. By: Richard J. Zemble, Esquire Attorney I.D. No. 90795 Dennis M. Abrams, Esquire Attorney I.D. No. 40184 555 City Line Avenue, Ste. 500 Bala Cynwyd, PA 19004 610-667-7511 THIS IS NOT AN ARBITRATION MATTER ASSESSMENT OF DAMAGES IS REQUIRED. JURY TRIAL DEMANDED DEBRA RUSSELL and LAWRENCE RUSSELL, w/h 2577 Boy Scout Drive Hustontown, PA 17229 V. PETRO STOPPING CENTERS, L.P 1201 Harrisburg Pike Carlisle, PA 17013 NO. X F - 2 7a ,!r Cc'?t 7a COMPLAINT Attorneys for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM, 2008 Plaintiffs, by and through undersigned counsel and in support of their Complaint, allege the following: 1. Plaintiffs Debra Russell and Lawrence Russell are adult individuals residing at the above address. 2. Defendant Petro Stopping Centers, L.P. is a Limited Partnership which at all times relevant to this Complaint operated fueling stations in the Commonwealth of Pennsylvania. 3. At all times relevant to this Complaint, including October 18, 2006, Defendant was responsible for the operation of the Petro fueling station located at 1201 Harrisburg Pike in Carlisle, Pennsylvania. 4. At all times relevant to this Complaint, including October 18, 2006, Defendant was responsible for the safety and maintenance of the Petro fueling station. 5. On October 18, 2006, Plaintiff Debra Russell was a business invitee at the Defendant's business premises. 6. In the evening of October 18, 2006, Plaintiff Debra Russell stopped at the Petro station in Carlisle, PA to fuel her vehicle. Plaintiff's vehicle requires diesel duel. She was on the fuel island getting ready to pump diesel fuel, when she turned around to turn on the pump. As she was turning, Plaintiff fell on the slippery surface, which was a combination of diesel fuel and water. She fell forward on her arm as well as her knee. 7. Plaintiff Debra Russell was severely injured as described below. COUNTI DEBRA RUSSELL v. DEFENDANT NEGLIGENCE 8. Plaintiffs incorporate by reference the allegations in Paragraphs 1 through 7 as though the same were fully set forth herein at length. 9. A dangerous condition existed upon and/or within the property of Defendant, which condition created a reasonably foreseeable risk of the kind of injury Plaintiff sustained and of which condition Defendant had actual notice and/or could reasonably be charged with notice in sufficient time to have taken measures to protect against the condition. 10. Defendant had a duty to business invitees to keep the premises at issue safe for its intended purpose. 11. Defendant failed in its duty to Plaintiff Debra Russell. 12. The above-described accident was caused by the negligence and carelessness of Defendant in that it: 2 a . failed to keep the relevant property in a reasonably safe condition for its intended use for business invitees; b. failed to properly inspect, maintain and keep the aforesaid property which resulted in a dangerous condition and a hazard for the movement of business invitees through or around said property; c . failed to discover and remedy the dangerous condition; d. failed to place adequate warnings or warning signs within and around the dangerous condition; e . failed to employ warning devices which would have been noticeable to an invitee who was watching where she was walking; t . allowed the ground to become an extremely slippery mixture of diesel fuel and water; 9- failed to timely clean/dry the wet area of the fueling station; h. failed to remove the water hose from the fueling station; i . failed to adequately light the premises; j . failed to properly manage, train, inspect, and supervise its agents, servants, contractors and/or employees; k . failed to inspect the work being performed by its agents, servants, contractors or employees; and 1. failed to exercise due care in regard to those who lawfully were on the property. 13. As a direct and proximate result of Defendant's negligence, Plaintiff Debra Russell suffered various injuries, including but not limited to, traction brachial plexopathy of the medial cord of the right brachial plexus, tendinosis of the supraspinatus, impingement syndrome in the shoulder, a material exacerbation of preexisting but asymptomatic and stable acromioclavicular joint (which is now unstable and severely degenerated), periscapular trigger points and painful neuroma of the supraclavicular nerve, pain and swelling in her right knee, 3 headaches and trouble sleeping, any and/or all of which may be permanent in nature. 14. As a direct and proximate result of Defendant's negligence, Plaintiff has incurred and will in the future incur medical expenses for the diagnosis, treatment and rehabilitation of the injuries she sustained as a result of this accident. 15. As a direct and proximate result of Defendant's negligence, Plaintiff has in the past suffered and will in the future suffer great physical and mental pain and suffering. 16. As a direct and proximate result of Defendant's negligence, Plaintiff has suffered lost wages and may suffer severe loss of earnings and impairment of her earning capacity and power, and may continue to suffer such a loss for an indefinite period of time in the future. 17. As a direct and proximate result of Defendant's negligence, Plaintiff has in the past suffered and will in the future suffer from the inability to live a normal life and enjoy life's pleasures including, but not limited to, an inability to attend to her usual daily duties and activities. WHEREFORE, Plaintiff demands judgment against Defendant, in an amount in excess of $50,000.00 plus interest and costs, and such other relief as this Honorable Court deems necessary and appropriate. COUNT II PLAINTIFF LAWRENCE RUSSELL v. DEFENDANT LOSS OF CONSORTIUM 18. Plaintiff Lawrence Russell incorporates by reference the allegations in Paragraphs 1 through 17 as though the same were fully set forth herein at length. 19. As a direct and proximate result of the aforesaid negligence and carelessness of 4 Defendant, Plaintiff Lawrence Russell suffered and will continue to suffer the loss of consortium, companionship and society of his wife. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $50,000.00 plus interest and costs, and such other relief as this Honorable Court deems necessary and appropriate. Respectfully submitted, LOWENTHAL & ABRAMS, P.C. By: RICHA J. ZEMBLE, ESQUIRE Attorney for Plaintiff 5 VERIFICATION I, Debra Russell, hereby verify that I am a plaintiff in the foregoing action and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief; and these statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DEBRA RUSSELL 6 r n CX7 ?Q 00 C. 'G SHERIFF'S RETURN - REGULAR CASE NO: 2008-02725 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RUSSELL DEBRA ET AL VS PETRO STOPPING CENTERS LP GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland C unty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PETRO STOPPING CENTERS LP the DEFENDANT at 1201 H CARLISLE, TRACEY KE. at 0015:20 HOURS, on the 29th day of April 2008 SBURG PIKE 17013 a true and attested copy of COMPLAINT & NOTICE by handing to TRAVEL STORE MANAGER together with and at the same time directing Her attention to the contents thereof. Sheriff's C sts: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 ??b OF ?? ? 33-00 Sworn and S bscibed to before me t is of So Answers: R. Thomas Kline 04/30/2008 LOWENTHAL & ABRAMS By: day Deputy S iff _ A.D. STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankoO-margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUSSELL, w/h, DOCKET NO. 08-2725 Plaintiffs CIVIL ACTION - LAW V. PETRO STOPPING CENTERS, LP, JURY TRIAL DEMANDED Defendant PRAECtPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Petro Stopping Centers, LP, in the above-captioned matter. IS EDELSTEIN oate 5j 8l68 By: STEPHEM L. BANKO, JR. Attorney or Defendant r.a F 1( CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record, by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of , 2008, and addressed as follows: Richard J. Zemble, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 (Counsel for Plaintiff) i An ela 04. Gayman, S retary ra ca Ocl. ? f ' T1 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 C_-11• aka nlrM marnnlicarlalafuin enm Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUSSELL, w/h, DOCKET NO. 08-2725 Plaintiffs CIVIL ACTION - LAW V. PETRO STOPPING CENTERS, LP, JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: Ms. Debra Russell and Lawrence Russell c/o Richard J. Zemble, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 Attorney for Plaintiffs You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. EIN Date: By: STEFII• IL. BANKO, JR. Attorney r Defendant STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(&margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUSSELL, w/h, DOCKET NO. 08-2725 Plaintiffs CIVIL ACTION - LAW V. PETRO STOPPING CENTERS, LP, JURY TRIAL DEMANDED Defendant ANSWER AND NEW MATTER OF DEFENDANT, PETRO STOPPING CENTERS, LP, TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the current residence address of Plaintiff and, therefore, such allegation is denied. 2. Admitted in part and denied in part. Defendant operates travel centers which provide fueling and other services to the motoring public. Accordingly, Defendant denies the characterization that it operates "fueling stations". 3. Admitted in part and denied in part. The Answer contained in paragraph 2 is hereof incorporated herein by reference as if set forth in its entirety. 4. Denied as stated. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 5. Admitted. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. By way of further answer, this alleged fall was not reported to Defendant by Plaintiff-Wife, even though she was inside the premises after the alleged fall had occurred. Defendant first became aware of the alleged fall from the dispatcher for the employer of Plaintiff-Wife who indicated that Plaintiff-Wife had tripped over a fueling hose. With regard to any allegation that Plaintiff- wife sustained personal injury, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment, and, therefore, it is denied. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. COUNTI DEBRA RUSSELL V. PETRO STOPPING CENTERS. LP. NEGLIGENCE 8. The Answers contained in paragraphs 1 through 7 hereof are incorporated herein by reference as if set forth in their entirety. 9. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the Answer contained in paragraph 6 hereof is incorporated herein by reference as if set forth in its 3 entirety. Additionally, Defendant specifically denies that a dangerous condition existed at any time relevant to the time set forth in Plaintiffs' Complaint. 10. Denied as stated. The Answers contained in paragraphs 4, 6 and 9 hereof are incorporated herein by reference as if set forth in their entirety. By way of further answer, it is believed and therefore averred that at all times relevant hereto, Defendant's premises was maintained in a safe manner and specifically for its intended purpose. 11. Denied. The allegation contained in this paragraph states a legal conclusion to which no response is necessary. By way of further answer, the Answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. 12a-k. Denied. The Answer contained in paragraph 11 hereof is incorporated herein by reference as if set forth in its entirety. 121. Pursuant to a Stipulation entered into between counsel for the parties, memorialized in a writing from counsel for Defendant, this subparagraph of Plaintiffs' Complaint has been withdrawn and, accordingly, and upon the advice of counsel, no answer on the part of Defendant is required. 13. Denied. The Answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, it is specifically denied that any conduct on the part of Defendant caused, contributed to or increased the likelihood of any harm to Plaintiffs. Additionally, with regard to any allegation that Plaintiff-Wife sustained injury as a result of any conduct on the part of 4 Defendant, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 14. Denied. The Answer contained in paragraph 13 hereof is incorporated herein by reference as if set forth in its entirety. 15. Denied. The Answer contained in paragraph 13 hereof is incorporated herein by reference as if set forth in its entirety. 16. Denied. The Answer contained in paragraph 13 hereof is incorporated herein by reference as if set forth in its entirety. 17. Denied. The Answer contained in paragraph 13 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, Petro Stopping Centers, LP, demands judgment in its favor and against Plaintiffs. COUNT II. LAWRENCE RUSSELL V. PETRO STOPPING CENTERS, LP. LOSS OF CONSORTIUM 18. The Answers contained in paragraphs 1-17 hereof are incorporated herein by reference as if set forth in their entirety. 19. Denied. The Answer contained in paragraph 18 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, with regard to any allegation that Plaintiff-Wife and Plaintiff-Husband were actually husband and wife at the time of the incident, after reasonable investigation, Defendant is without 5 knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. WHEREFORE, Defendant, Petro Stopping Centers, LP, demands judgment in its favor and against Plaintiffs. NEW MATTER 20. The Answers contained in paragraphs 1-19 hereof are incorporated herein by reference as if set forth in their entirety. 21. Plaintiffs' claims, if any, are or may be barred by the applicable statute of limitations. 22. Plaintiffs have failed to join indispensable parties to this action. 23. Plaintiffs' injuries, if any, were caused by individuals or entities not parties to this action. 24. Plaintiff-Wife was contributorily negligent and, accordingly, her claim is barred and/or reduced by the Pennsylvania Comparative Negligence Act. 25. Plaintiff-Wife voluntarily encountered a known substantial risk of danger. 26. Accordingly, Plaintiffs' claims, if any, are barred by the Assumption of Risk Doctrine. WHEREFORE, Defendant, Petro Stopping Centers, LP, demands judgment in its favor and against Plaintiffs. Date: 6> U By: S EDELSTEIN 6 SIVVEq L. BANKO, JR. Attorney or Defendant 05/14/2008 19:46 7172582339 PETRO FUEL 036 PAGE 01/01 VEIRUEI TION I, David Johnson, aro the Associate General Manager of Petro Stopping Centers, LP. (Carlisle, PA) and I have read the foregoing Answer and New Matter to Plaintiffs' Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authoritiies, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: DAVID J 1'•I S CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of , 2008, and addressed as follows: Richard J. Zemble, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 (Counsel for Plaintiffs) (?? a Ifl k I MMU I ) Angela M. Gayman, ecretary 7 ?? -? _ _... ?,;... ' ?, ? ?, _.? ?? v? •- N STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(&margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUSSELL, w/h, DOCKET NO. 08-2725 Plaintiffs CIVIL ACTION - LAW V. PETRO STOPPING CENTERS, LP, JURY TRIAL DEMANDED Defendant PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please substitute the attached original Verification signed on behalf of Defendant, Petro Stopping Centers, LP, for the copy of the Verification which was attached to Defendant's Answer and New Matter to Plaintiffs' Complaint. Date: J C? By: OLIS EDELSTEIN STEIPff N LjBANKO, JR. Attorn for efendant VERIFICATION I, David Johnson, am the Associate General Manager of Petro Stopping Centers, LP. (Carlisle, PA) and I have read the foregoing Answer and New Matter to Plaintiffs' Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: DAVID J H S I CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on thel ' day of a 2008, and addressed as follows: Richard J. Zemble, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 (Counsel for Plaintiff) Angela . Gayman, Se etary ;? LOWENTHAL & ABRAMS, P.C. By: Richard J. Zemble, Esquire Attorney I.D. No. 90795 Dennis M. Abrams, Esquire Attorney I.D. No. 40184 555 City Line Avenue, Ste. 500 Bala Cynwyd, PA 19004 610-667-7511 THIS IS NOT AN ARBITRATION MATTER ASSESSMENT OF DAMAGES IS REQUIRED. JURY TRIAL DEMANDED Attorneys for Plaintiffs DEBRA RUSSELL and LAWRENCE RUSSELL, wlh 2577 Boy Scout Drive Hustontown, PA 17229 V. PETRO STOPPING CENTERS, L.P. 1201 Harrisburg Pike Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM, 2008 NO. 08-2725 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT NOW COMES the Plaintiffs, by and through counsel, Lowenthal & Abrams, for and in response to the New Matter of the Defendant, Petro Stopping Centers, L.P. and with respect to each corresponding paragraph thereof state: 21. Denied. Plaintiffs are advised by counsel the corresponding averments constitute conclusions of law to which the Rules of Civil Procedure require no response. 22-23. Denied. It is specifically denied that Plaintiffs' damages were caused by the negligent actions of entities or parties not joined in this action. On the contrary, Defendant is liable, as alleged in Plaintiffs' Complaint. By way of further reply, Plaintiffs are advised by counsel that the corresponding averments constitute conclusions of law to which the Rules of Civil Procedure require no response. 24. Denied. It is specifically denied that Plaintiff Debra Russell was negligent in any fashion so as to bar or limit any recovery under the Pennsylvania Comparative Negligence Act. On the contrary, Defendant is liable, as alleged in Plaintiff's Complaint. By way of further reply, Plaintiffs are advised by counsel that the corresponding averments constitute conclusions of law to which the Rules of Civil Procedure require no response. 25. Denied. It is specifically denied that Plaintiff Debra Russell voluntarily encountered a known substantial risk of danger. By way of further reply, Plaintiffs are advised by counsel that the corresponding averments constitute conclusions 0--C law to which the Rules of Civil Procedure require no response. 26. Denied. It is specifically denied that Plaintiffs' claims are barred by the Assumption of Risk Doctrine. By way of further reply, Plaintiffs are advised by counsel that the corresponding averments constitute conclusions of law to which the Rules of Civil Procedure require no response. WHEREFORE, Plaintiffs demand judgment in their favor against the Defendant. LOWENTHAL & ABFAMS, P.C. BY: RICHA J. ZEMBLE, ESQUIRE Attorney for Plaintiffs CERTIFICATE OF SERVICE I do hereby certify that on May _, 2008, service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440 as follows: Stephen L. Banko, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 LOWENTHAL & ABRAMS, P.C. BY: RICHA J. ZEMBLE, ESQUIRE Attorney for Plaintiffs CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DEBRA RUSSELL TERM, CUMBERLAND -VS- CASE NO: 08-2725 PETRO SHOPPING CENTERS, LP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., 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: 08/26/2008 STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R1.83 133-H DE11-0770079 82575-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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: 08/04/2008 CC: STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H D1302-0400272 82575-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME- RECORDS REQUESTED DR. WILLIAM, M. MI.LROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS R1.83 116-H D902-0400272 82575-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. WIL AM M M .ROTH (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 Ca=- nc 1601 Market 4trePt, it 800, P ilad lphia 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: STEPHEN L. BANKO. JR ESO ADDRESS:` 3510 TRINDLF ROAD CAMP , PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG 2 6 2008 Date: 1/31 Jog Seal of the Court BY OURT: Pro onotary/ i '1 Sion Deputy 82575-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. WILLIAM M. MILROTH 318 N. FIRST STREET MCCONNELLSBURG, PA 17233 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745492 82575-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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' `off ice. DATE: 08/04/2008 ..Cd`STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY'LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H DE02-0400272 82575-CO1 >>> LOCATION LIST <<< PAGE:' 1 LOCATION NAME RECORDS REQUESTED DR. WILLIAM•M. MI.LROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN..COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERS8URG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS R1.83 116-H DR02-0400272 82575-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAMBERSBURG 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 Croup. 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: STEPHEN L. BANKO. JR.. E ADDRESS: 3510 TRINDLF. ROAD TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant A 6 2008 Date: 7 31 DS Seal of the Court BY THEEPURT: Pro notary/Cl Ni D' sion Deputy 82575-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL MEDICAL RECORDS 112 N. 7TH STREET CHAMBERSBURG. PA 17201 RE: 82575 DEBRA LOUIS RUSSELL 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 : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social security #: 188-52-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745494 82575-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO:_RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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 ACS 'office. DATEe 08/04/2008 eC STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf.of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H D902-0400272 82575-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. WIL'LIAM•M. MILROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN.COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBORG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY 'CENTER MEDICAL RECORDS R1.83 116-H 0902-0400272 82575-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO: DEBRA RUSSELL VS. File No. 08-2725 PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for MMKLIN -'COUNTY HEART CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC .roan Inc-, 1601 Market treat, 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: STEPHEN L. BANKO. JR.. ESO ADDRESS: 3510 TRINDL.E ROAD CAMP HIhL.= PA 17011 TELEPHONE: (2151246-0 100 SUPREME COURT ID ##: ATTORNEY FOR: Defendant AIJGJ 6 2008 Date: 7 13L 1 O$ Seal of the Court BY THE URT: Proth otary/Cler Di n Deputy 82575-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FRANKLIN COUNTY HEART CENTER 755 NORLAND AVENUE CHAMBERSBURG, PA 17201 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals,. $100.00 for all other providers. `Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: SSB-XX-1897 Date of Birth: 11-20-1959 R1.83 116-H SU10-07456oo 82575-LO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 :NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009621 ( Note: see enclosed list of locations ) TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, OR., 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: 08/04/2008 C6 STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD•ZEMBLE, ESQ. 555 CITY'LINE AVENUE SUITE 500 BATA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H D802-0400272 82575-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. WILLIAM•M. MZLROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN.CQUN,TY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBBRSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS R1.83 116-H DE02-0400272 82575-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MCCO B TR M DI i NT R (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 ATTAC D RIDER **** at The MCS Ln, Inc-- 1601 M rke 'street. Site 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: STEPHEN L. BANKO JR ESO ADDRESS: 3510 RO SCAMP HILL, PA 17011 TELEPHONE. (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant UG 2 6 2008 Date: ? p Seal of the Court BY ZURT: Prot Cler ion Deputy 82575-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR:- MCCONNELLSBURG MEDICAL CENTER 214 PEACH ORCHARD ROAD MCCONNELLSBURG, PA 17233 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S, 133-H SU10-0745498 82575-LO4 COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUNENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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: 08/04/2008 CC`''-STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD:ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR. ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H D902-0400272 82575-Col >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED PAGE: 1 DR. WILLIAM?M. MTLROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMB$RSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY'SURGERY I CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FULTON COLINi'Y MEDICAL NT R (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 Ca=- Inc-- 1601 Market Street Suite 800 P iladeighi$- 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: STEPHEN L. BANKO. JR ESO ADDRESS: 3510 TRINDL E ROAD CAMP HILL. PA 17011 TELEPHONE:,_( 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant UG 2 6 2008 Date: rJ 31 08 Seal of the Court BY THE URT: Proth otary/Cl ivi Di sion Deputy 82575-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS 216 S. 1ST STREET MCCONNELLSBURG, PA 17233 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745500 82575-LO5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is. waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the.. attached counsel card and returning same to MCS or by contacting our local MCS' office. DATE: 08/04%2008 CC?''$TEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY'LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H DE02-0400272 82575-CO1 >>> LOCATION LIST <<< LOCATION NAME, RECORDS REQUESTED PAGE: 1 DR. WILLIAM M. M.LROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN.: COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERS13URG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWA,Y•SURGERY'CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FULTON COUNTY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things ****SEE ATTACHED RIDER**** at The MC Cm=- 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:. STEPHEN L BANKO JR ES ADDRESS: _3510 TRINDLE RO CAMP HILL PA 17011 TELEPHQNE: (215) 246-0900 SUPREME COURT ID M ATTORNEY FOR:' Defendant AUG 2 6 2008 Date: 7 3l OS Seal of the Court BY THE URT: (2L Pro notary/Cl 4WD on Deputy 82575-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FULTON COUNTY MEDICAL CENTER RADIOLOGY DEPT 216 S. 1ST STREET MCCONNELLSBURG. PA 17233 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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 : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745502 82575-LO6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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, MCS` office. DATE: 08/04/2008 CC':??8TEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L..BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET.STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H DE02-0400272 82575-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME - RECORDS REQUESTED DR. WILLIAM•M. MILROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBLRSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian.of Records for GROSSINGER NEUROPAIN SPEC. (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 Q=- 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: STEPHEN L. BANKO. JR., ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HU L. PA 17011 TELEPHONE:. (15) 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant U 2 6 2008 Date: 1/31/08 Seal of the Court BY THE T: Proth otary/Clerk, 1 - ion Deputy 82575-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GROSSINGER NEUROPAIN SPEC. 23 CHESTER PIKE STE 301 RIDLEY PARK, PA 19078 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745504 82575-LO7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO:.RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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 MCoffice. MCS on behalf of CC--STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY'LINE AVENUE SUITE 500 BALA CYNWYD, STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H D902-0400272 82575-COl >>> LOCATION LIST <<< PAGE:' 1 LOCATION NAME- RECORDS REQUESTED DR. WILLIAM•M. MI;LROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN,.COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL File No. 08-2725 VS. PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for REHAB MEDICINE 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 GaM. Inc.. 1601 Market Street. Suite 800, PhiladelRhia 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:, STEPHEN L. BANKO. JR.. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG 2 6 2008 Date: '1 /'31 Io8 Seal of the Court BY' HE URT: Pr onotary/Cler Di ion Deputy 82575-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: REHAB MEDICINE ASSOCIATES 5124 E. TRINDLE ROAD MECHANICSBURG, PA 17055 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745506 82575-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUJUMS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our..local MCS' ? of f ice . D1?iT$`c 08/04/2008 CGi." . STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD_ZEMBLE, ESQ. 555 CITY'LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H DE02-0400272 82575-CO1 >>> LOCATION LIST <<< PAGE:' l LOCATION LiAME RECORDS REQUESTED DR. WILLIAM-M. MTLROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN-COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG.MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL File No. 08-2725 vs. PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for OPEN M RI OF CHAMBER SBI TR G (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 Troun_ 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: - STEPHEN L. BANKO. JR.. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL.. PA 17011 TELEPHONE: 1215 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant AUG 2 6 2008 Date: #i3 Jos Seal of the Court BY THE URT: Pro notary/Cler i sion Deputy 82575-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: OPEN MRI OF CHAMBERSBURG 405 PHOENIX DRIVE UNIT A CHAMBERSBURG. PA 17201 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745508 82575-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations ] TO:.RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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: 08/04/2008 STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR. ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H DE02-0400272 82575-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME- RECORDS REQUESTED DR. WILLIAM-M. MZLROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN.COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. File No. 08-2725 PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PARKWAY NEUROSCIENC & SPINE (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 ATTA HED R **** at The M CS *ro=_ nc., 1601 Made 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: STEPHEN L. BANKO. JR.. ESQ. ADDRESS: 3510 4DLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C 'YRT: Proth otary/Cler Di ion Date: 'f /SI /o& AUG 2 6 2008 Deputy Seal of the Court 82575-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PARKWAY NEUROSCIENCE & SPINE 17 WESTERN MARYLAND PKWY SUITE 100 HAGERSTOWN, MD 21740 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745510 82575-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ) TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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. 'DATES 08/04/2008 CC:'STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H DE02-0400272 82575-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. WILLIAM.M. MILROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL File No. 08-2725 vs. PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SCOTT H. JAEGER- M.D.- P.C. (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 Skr&L Suite 800 PhiladelDlia. 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: STEPHEN L. BANKO. JR.. ESQ. ADDRESS:- 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: J215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG 2 6.2008 Date: 731 Los Seal of the Court BY THE URT: Proth notary/Cl sion Deputy 82575-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCOTT H. JAEGER, M.D., P.C. 325 CHESTNUT STREET STE 719 PHILADELPHIA, PA 19106 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745512 82575-Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO:.RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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. "D1?TE: 08%04/2008 C`STEPHEN L.:BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR.', ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H D902-0400272 82575-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. WILLIAM•M. MILROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN-.COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. File No. 08-2725 PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SUMMIT 1R RY R (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 !Qro - 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: _ STEPHEN L BANRO JR ESO ADDRESS: 3510 IRMLE ROAD CAMP HILL, PA 17011 TELEPHONE:. ( 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant URT: BY ;no Pro tary /Cl IN sion AUG 2 6 2008 Deputy Date: 7 31 0 Seal of the Court 82575-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUMMIT SURGERY CENTER 757 NORLAND AVE. SUITE 100 CHAMBERSBURG, PA 17201 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745514 82575-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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: 08/04/2008 CC:-STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H D902-0400272 82575-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. WILLIAM-M. MILROTH MEDICAL RECORDS CHAMBERSBURO HOSPITAL MEDICAL RECORDS FRANKLIN-COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY `CENTER MEDICAL RECORDS { R1.83 116-H D1102-0400272 82575-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC 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 m= 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: STEPHEN L. BANKO, JR.. ESQ. ADDRESS: 3510 TRUNDLE ROAD -CAMP HILL PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AU G 2 6 2008 Date: 7 /3t /0$ Seal of the Court BY THE URT: Pro onotary/Cl sion Deputy 82575-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR ORTHOPEDIC ASSOCIATES 1035 WAYNE AVE. SUITE 1 CHAMBERSBURG, PA 17201 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745516 82575-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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: 08/04/2008 STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H DE02-0400272 82575-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME- RECORDS REQUESTED DR. WILLIAM?M. MILROTH MEDICAL RECORDS CHAMBBRSBURG HOSPITAL MEDICAL RECORDS FRANKLIN COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ CHAMBERSBLIR IMAGING O (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 Tro , Inc-. 1601 Market Street Suite 800, P it jp 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: STEPHEN L BANKO JR ESO ADDRESS: 3510 TRINDLE ROAD CAMP HILL.+ PA 17011 TELEPHONE: (2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG 2 6 2008 Date: "1 L31 I08 Seal of the Court BY THE URT: Pro notary/Cl III 6ion Deputy 82575-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG IMAGING ASSOC. 25 PENNCRAFT AVENUE SUITE E CHAMBERSBURG, PA 17201 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745518 82575-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP [ Note: see enclosed list of locations COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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: 08/04/2008 CG` STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H DE02-0400272 82575-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. WILLIAM•M. MILROTH MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN. COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. File No. 08-2725 PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO- Custodian of Records for MRI CENTER OF DEL.AW RF O TNTY (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 ATTAC D RIDER **** at The MCS = 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: _ STEPHEN L. BANKO JR ESO ADDRESS: 3510 TR_INDLE ROAD CAMP HILL. PA 17011 TELEPHONE: _1215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AU G 2 6 2008 Date: 'I 131 Log Seal of the Court BY THE URT: Prot notary/Cler ' D' 'sion Deputy 82575-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MRI CENTER OF DELAWARE COUNTY 1 MEDICAL CENTER BLVD. UPLAND, PA 19013 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.67S 133-H SU10-0745520 82575-L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ) TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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. 16 : 08/04/2008 'CC'.-"-STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.83 116-H D802-0400272 82575-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. WILLIAM M. MTLROM MEDICAL RECORDS CHAMBERSBURG HOSPITAL MEDICAL RECORDS FRANKLIN COUNTY HEART CENTER MEDICAL RECORDS MCCONNELLSBURG MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER MEDICAL RECORDS FULTON COUNTY MEDICAL CENTER X-RAY ONLY GROSSINGER NEUROPAIN SPEC. MEDICAL RECORDS REHAB MEDICINE ASSOCIATES MEDICAL RECORDS OPEN MRI OF CHAMBERSBURG MEDICAL RECORDS & XRAYS PARKWAY NEUROSCIENCE & SPINE MEDICAL RECORDS SCOTT H. JAEGER, M.D., P.C. MEDICAL RECORDS SUMMIT SURGERY CENTER MEDICAL RECORDS ORTHOPEDIC ASSOCIATES MEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS & XRAYS MRI CENTER OF DELAWARE COUNTY MEDICAL RECORDS & XRAYS PARKWAY SURGERY 'CENTER MEDICAL RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL File No. 08-2725 VS. PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PARKWAY SURGERY CENTER (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 Q=- 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: STEPHEN L. BANKO. JR ESO ADDRESS: 3510 4DLE ROAD PA 17011 TELEPHONE: (2151246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant AUG 2 6 200B Date: 7L31 /08 Seal of the Court BY OURT: Pr onotary '1 vision Deputy 82575-16 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PARKWAY SURGERY CENTER 17 WESTERN MARYLAND PKWY SUITE 102 HAGERSTOWN, MD 21740 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical 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, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 t1.67S 133-H SU10-0745522 82575-L16 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DEBRA RUSSELL TERM, CUMBERLAND -VS- CASE.NO: 08-2725 PETRO SHOPPING CENTERS, LP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/05/2008 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0797460 82575-L17 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE FREIGHT COMP WORKER COMPENSATION RECORDS TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/14/2008 CC: STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 Any questions regarding this matter, contact RICHARD ZEMBLE, ESQ. 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, PA,19004 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 133-H DE02-0419596 82575-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEYSTONE FREIGHT COMP (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 GE=- Inc.. 1601 Market S reer 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-, $TEPHEN L. BANKO. JR.. ESO. ADDRESS: 3510 TRTNDLE ROAD AMP HILL. PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant Date: Seal of the Court BY TLTs COUR thono i l sion Deputy 82575-17 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE FREIGHT COMP 437 WOLF AVENUE CHAMBERSBURG, PA 17201 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in.excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING EMPLOYMENT RECORDS; WORKERS COMPENSATION CLAIM #3059125, DATE OF INJURY: 10/19/06. Entire workers compensation file, including but not limited to medical reports and/or records, claims and all correspondence, documentation supporting plaintiffs claim, payments including dates of payments, payee and reasons for payments, 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 : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 21.71S 133-H SU10-0755792 82575-L17 17 Cam. c9 -.-d t A4 LOWENTHAL& ABRAMS, P.C. By: ?'Olvt? /su/I7 ?sq . Identification No. t t _ 4 555 City Line Avenue, Suite 500 Bala Cynwyd, PA 19004-1105 (610) 667-7511 Attorney for Plaintiffs DEBRA RUSSELL and COURT OF COMMON PLEAS LAWRENCE RUSSELL, w/h CUMBERLAND COUNTY V. NO. 08-2725 PETRO STOPPING CENTERS, L.P. WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as co-counsel for plaintiffs in the above- captioned matter. BY: RICHARD J. MBLE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as co-counsel for plaintiffs in the above-captioned matter. LOWENTHAL & ABRAM By: Attorney For Plaintiffs ?? ^' '? { ? _?? ,,„°.T ?.?.? ,.,?., ?`? ?...e !?,? T`-.;a t,,-' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBRA RUSSELL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 08-2725 PETRO SHOPPING CENTERS, LP As a prerequisite to service of a subpoena for documents and to Rule 4009.22 pursuant MCS on behalf of STEPHEN L. BANKO, JR., 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 sub oena, is attached to this certificate, I (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: 05/12/2009 MCS on behalf of /S/ ?tepit oC. ?ar??c STEPHEN L. BANKO, JR., Attorney for DEFENDANT ESQ. R2.18 118-H DE11-0924258 82575-L19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF C TERM, CASE NO: 0 -2725 THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE FREIGHT COMP EMPLOYMENT I TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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 contacti g our local MCS office. DATE: 04/20/2009 CC: STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 RICHARD ZEMBLE, ESQ. LOWENTHAL & ABRAMS 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, PA,19004 MCS on behalf of STEPHEN L. B O Attorney for DEF PLEAS JR.. ESQ. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.84S 116-H D802-0503356 82575-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. File No. PETRO SHOPPING CENTERS, LP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEYSTONE FREIGHT COMP (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: * * * * S .. ATTA H D RIDER * * * * at You may deliver or mail legible copies of the documents or produce things requested by this ubpoena, 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) da s 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: -STEPHEN L. BANKO JR ESO ADDRESS: 3510 TRINDLE ROAD -CAMP HILL, PA 17011 TELEPHONE:1 151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: -MAY 12 2009 Date: w4z Seal of the Court Deputy 82575-19 ' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE FREIGHT COMP 437 WOLF AVENUE CHAMBERSBURG, PA 17201 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ALL FUELING TICKETS, RECEIPTS, VOUCHERS OR ANY OTHER DOCUMENT THAT REFLECTS IN ANY WAY THE PUMP NUMBER AND THE AMOUNT FUEL OBTAINED AT PETRO IN OCTOBER, 2006. Any and all employment records, applications, files, memoranda, co ensation, time and attendance records, personnel records, payroll and salary eports and all medical records as an employee, including any and all such ite as may be stored in a computer database or otherwise in electronic form, pert ining to: Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.84S 116-H SU10-0782422 82575-L19 Flt D--i:, OF THE 1 2609 JU?N I I PH 2: u 1 GU?r Wis. :?_ v 4?; PCENNS'i"W'dINA W I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DEBRA RUSSELL TERM, CUMBERLAND -VS- CASE NO: 08-2725 PETRO SHOPPING CENTERS, LP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/17/2009 MCS on behalf of // /S/ Ste?4en oP 12an4 o, r., STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0965076 82575-L20 V. I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., 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: 08/26/2009 CC: STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 RICHARD ZEMBLE, ESQ. LOWENTHAL & ABRAMS 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, PA,19004 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R2.19 120-H DE02-0553287 82575-COl >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED COMDATA RECORDS R2.19 120-H DE02-0553287 82575-COl COMMON-WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL vs. PETRO SHOPPING CENTERS, LP File No. 08-2725 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMDATA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ **** SEE ATTACHED RIDER **** at The MC roue, 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: STEPHEN L. BANKO. JR.. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 17 2009 Date: „? P l rr0 Seal of the Court BY THE COURT: s rothonotary/Clerk, Civil D vision Deputy 82575-20 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMDATA 5301 MARYLAND WAY BRENTWOOD. TN 37027 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. SEE ATTACHED Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.86S 133-H SU10-0801054 82575-L20 MCS#82575-L-20 All fueling tickets, receipts, vouchers, or any other document that reflects in any way the pump number and the amount of fuel obtained at Petro in October, 2006, by Debra Louise Russell with Keystone Freight Company, Chambersburg, Pa. Pennsylvania Commercial License#19-002-332; SS#188-52-1897; DOB: 11-20-1959. FUD-OlTa OF THE PROTHONOTARY 2009 OCT - I PM 2: 2 7 CUM# -fALP` iLJ i ?1P TY P NNISMANIA CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DEBRA RUSSELL TERM, CUMBERLAND -VS- CASE NO: 08-2725 PETRO SHOPPING CENTERS, LP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/05/2009 MCS on behalf onnf /S/ ?tee4en oC. ?arc4 o , C44. STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R1.86S 116-H DE11-0992716 82575-L21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBRA RUSSELL -VS- PETRO SHOPPING CENTERS, LP COURT OF COMMON PLEAS TERM, CASE NO: 08-2725 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE FREIGHT COMP RECORDS TO: RICHARD ZEMBLE, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/14/2009 CC: STEPHEN L. BANKO, JR., ESQ. - 82368.4-00003 RICHARD ZEMBLE, ESQ. LOWENTHAL & ABRAMS 555 CITY LINE AVENUE SUITE 500 BALA CYNWYD, PA,19004 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.86S 116-H DE02-0573883 82575-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA RUSSELL VS. PETRO SHOPPING CENTERS, LP File No. 08-2725 - SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEYSTONE FREIGHT COME (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 Grout2,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: STEPHEN L. BANKO. JR., ESQ. ADDRESS: '510 TR_INDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV Q 5 2009 Date: ( 7 ad?? Seal of the Court 82575-21 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE FREIGHT COMP 437 WOLF AVENUE CHAMBERSBURG. PA 17201 RE: 82575 DEBRA LOUIS RUSSELL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. IDENTIFY NAME, ADDRESS, AND TELEPHONE NUMBER OF DISPATCHER(S) WORKING ON OCTOBER 18, 2006 AT 9:30 P.M.. Dates Requested: up to and including the present. Subject : DEBRA LOUIS RUSSELL 2577 BOY SCOUT ROAD, HOUSTONTOWN, PA 17229 Social Security #: XXX-XX-1897 Date of Birth: 11-20-1959 R1.86S 116-H SU10-0809032 82575-L21 ?PV Z ?9 1kJ0 -9 I ? 2: 4 i STEPHEN L. BANKO, JR., ESQUIRE Pa. Supre me Court I. D. No. 41727 MARGOLI EDELSTEIN 3510 Trin le Road Camp Hill PA 17011 Telephon (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankg@marciolisedelstein.com 2-11 2 J 1 1 ,41. 1j l] rl_IP` CERLANO COUNT` Fl':'N SYLVANIA Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBR A RUSSELL and LAWR ENCE RUSSELL, w/h, DOCKET NO. 08-2725 Plaintiffs CIVIL ACTION - LAW V. PETR STOPPING CENTERS, LP, JURY TRIAL DEMANDED Defendant ON .OF 0, -, PETRO ST( JUDGMENT - Pa. R,C P. NO. 1636.2 Plaintiffs, Debra Russell ("Plaintiff") and Lawrence Russell, commenced the above-?aptioned action by Complaint filed on or about April 28, 2008. A copy of Plaintiff's Complaint is attached hereto, incorporated herein by reference and marked as Exhibit A. Plaintiff contends that on October 18, 2006, she slipped and fell on a "slippe?v surface", which she contends was a combination of diesel fuel and water (paragrtaph 6) sustaining various injuries including brachial plexopathy of the medial cord of the fight brachial plexus, tendinosis of the supraspinatus, impingement syndrome of the right slioulder and a material exacerbation of a preexisting but a symptomatic and stable acromiol clavicular joint (paragraph 13). Plaintiff contends that this fall occurred while refueling her tractor trailer at the Petro $topping Center in Carlisle, PA ("Petro") Nowhere in Plaintiff's Complaint is there any allegation as to who caused the combination of water and diesel fuel to be on the ground or how long prior to the time of the alleged fall such substance had been on the ground. Plaintiff was served with written Interrogatories to which she provided verified Answer which were not dated by either her or her counsel. A copy of said Interrogatory are attached hereto, incorporated herein by reference and marked as Exhibit B. In Interrogatory No. 11, Plaintiff was asked to; "state your contentions as to the liability of each Defendant as well as the specific facts known to you upon which you base e?ch claim of negligence alleged in this action". Plaintiff responded with a general that she fell as a result of a dangerous condition of diesel fuel and water which a very slippery surface causing her to fall and be injured. Nowhere in her Interrogatory Answers has Plaintiff set forth who caused the combination of diesel fuel and water to be present or the length of time that such condition prior to the time of her alleged fall. On May 5, 2010, Plaintiffs deposition was taken. A copy of Plaintiff's deposition transcript is attached hereto, incorporated herein by reference and marked as Exhibit Plaintiff admitted that she noticed the alleged collection of diesel fuel and water c n the ground prior to inserting the nozzle of the fuel pump into the fuel tank of the tractor I(N.T. 50). 10. However, she did not report this alleged "dangerous condition" to anyone at Petro. I(N.T. 50: 12-15). 1 fuel anc the fuel fuel an( husban cleanec told an, Admi; specii respo time A coc 1,201 ge Rather, she began fueling the tractor and after having walked in the diesel water which she contends was on the ground she turned to insert the nozzle of p into an auxiliary tank when she allegedly fell (N.T. 53). Plaintiff admitted that she saw what she contends was a collection of diesel water on the ground even before she walked in it. (N.T. 54:4-6). 3. After allegedly falling onto the ground, Plaintiff was discovered by her who took her into the convenience store at the Petro where she contends that she herself before returning to her terminal. 4. Plaintiff admits that despite her alleged fall neither she nor her ex-husband inside Petro about the alleged fall or the "dangerous condition" outside (N.T. 5. On or about March 11, 2011, Plaintiff was served with Requests for , Interrogatories and Request for Production of Documents which were Ily designed to elicit any evidence Plaintiff may have to establish who was ;ible for putting the "diesel fuel and water" mixture on the ground and the period of ch substances may have been on the ground prior to the time of the alleged fall. of said Request for Admission, Interrogatories and Request for Production of ents is attached hereto, incorporated herein by reference and marked as Exhibit D. 16. Plaintiff served Answers to the foregoing discovery requests on or about April 1. A copy of said discovery answers is attached hereto, incorporated herein by ce and marked as Exhibit E. 17. Plaintiff's Answers to the Requests for Admission were non-responsive, Ily, and Plaintiff has failed and refused to provide any evidence that Petro had either actual or constructive knowledge of the "dangerous condition" she alleges existed on 18, 2006. Furthermore, Plaintiff has not provided any evidence as to who was for the combination of diesel fuel and water on the ground or how long such condition existed prior to the time of her alleged fall. 9. For example, in Request for Admission No. 1, Plaintiff was requested to admit that she has no evidence as to who placed the diesel fuel and/or water on the ground where she contends she fell. In response to this Request for Admission, Plaintiff states that the Request for Admission was denied but provided no information as to who, specifically, was responsible for placing the water or diesel fuel on the ground. Obviously, the evasive provided by Plaintiff was necessitated by the fact that she has no such evidence. 1. In Request for Admission No. 2, Plaintiff was asked to admit that she has no evidence as to how long the water and/or diesel fuel was on the ground, in the area where she contends she fell, prior to the fall. In response to this Request for Admission, Plaintiff states; "Denied. Plaintiff knows Jhat there were no trucks fueling in the subject fuel lane for sufficient time before Plainti pulled in that Defendant could have corrected the dangerous condition, blocked access to that fuel lane and/or warned Plaintiff of the dangerous condition". Again, Plaintiff demonstrates by her Answer, that she has no evidence as to how long the water and/or diesel ?uel on the ground prior to the time she allegedly fell. 3. 1 n fact, Plaintiff does not attempt, in any fashion, to quantify the period of time that su?h substance may have been on the ground prior to the time of the alleged fall. Plaintiff further evaded Request for Admission Nos. 4-7 by denying the is are true but yet providing no substantive evidence regarding who was responsible for the alleged spill and how long the alleged spill was on the ground prior to the timd Plaintiff claims she fell. Pa. R.C.P. No. 1035.2 provides in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law. (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after completion of discovery relevant to the motion, including the production of expert reports, an adverse party will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which a jury trial would require the issues to be submitted to a jury. ?6. It is believed and therefore averred that discovery is now closed as set forth in a letiEer from Plaintiff's counsel dated December 7, 2010 a copy of which is attached hereto, incorporated herein by reference and marked as Exhibit F. This matter has not been listed for trial and accordingly, the instant Motion for Sun> mary Judgment will not delay trial. Pennsylvania law is well-settled that in order to make out a prima facie case of negl gence against landowner, the plaintiff has the burden to offer proof in establishing the len th of time the slippery condition was present or that the landowner was responsible for its iiresence. Actman v. Zubrow, 191 Pa. Super. 516, 159 A.2d 30 (1960). 9. The record in this case establishes that Plaintiff cannot sustain her burden of proof in proving who was responsible for placing the diesel fuel and water combination got on t?e ground or how long such alleged condition existed prior to Plaintiff's alleged fall. 0. That is, there is no evidence that Petro's alleged negligence caused the slipper), condition to be present or that Petro allowed the alleged condition to exist for any unreasonable period of time. 1. Absent such proof, Plaintiff cannot establish that Petro had either actual or ;tive knowledge of the alleged dangerous condition. 2. Given the fact that Plaintiff cannot sustain her burden of proof in establishing actual r constructive notice of the alleged dangerous condition, Plaintiff cannot establish an essential element of her cause of action of negligence against Petro. S3. Accordingly, Defendant, Petro Stopping Centers, LP, is entitled to summary nt, as a matter of law. EREFORE, Defendant, Petro Stopping Centers, LP prays this Honorable Court enter an Order granting its Motion for Summary Judgment in its favor and against Plaintiff pu to Pa. R.C.P. No. 1035.2. Respectfully submitted, IS EDELSTEIN Date: q 1V / I By: STBPH f N L. BANKO, JR. Couns l for Defendant CERTIFICATE OF SERVICE I? HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counse of record by placing the same in the United States mail at Camp Hill, Penns Ivania first-class postage prepaid, on the s+ day of , - OJ9, I/ 2011, d addressed as follows: Regina M. Vogelsong, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 (Counsel for Plaintiffs) POE- A( Angela Gayman, Secrets ?,r?n?%T Matj 01 2600 7:29RM HP t_RSERJET 3330 84/30!2008 09:54 7172582339 PETRO FUEL P36 LO RNTHAL & AJ3RAMS, P.C. Ry: ichard J. Zemble, Esquire Alto ey I.D. No, 90795 D - ' I M. Abrams, Esquire Acto ey 1.D. No. 40184 555 C ity Linc Avrmue, Ste. 500 Bala yxwyd, PA 19004 61D-& 57-7511 DEB RUSSELL and LAW ENCE RUSSELL, w/h 2 577. y' Scout Drive Husto? town, PA 17229 v. PETR. STOPPING CENTERS, L.P. 1201 arrisburg Pikc Carlis c, PA 17013 P.2 PAGE 04110 TfOS IS NOT AN ARBTTRATION MATTRR ASSESSMENT OF DAMAGES IS RIrQUIREA..FURY TRIAL DEMANDED Attorneys for Plainliffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08- 17AS 0'ivi 1 -Fee-r% NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAI. S SET FORTH iN THE FOLLOWING PAGES, YOU MUST TAKE ACTION -WIT ZN TW TY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTF ING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FIL 1N IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAI S SET FORTH AGAINST YOU. YOU ARE WARNED THAT TF YOU FAIL TO DO Sn r E CASE MAX PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGA ST YOU BY THE COURT WTTI?OUT FURTHER NOTICE FOR ANY MONEY CLAI. ED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF RL•QU STEn By THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHE RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT VLF A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFIC SET FORTH BELOW TO FIND OUT WHERE YOU GAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-"0-908 717-249.3166 i"JE GOM' FROM ? Oa a :t, raA01.1 herb we $011" .Mw use wg(ftwxMia, at c 401 1L Am& Ul Mai 01 2608 7:29AM HP LASERJET 3330 84/30/200B 09:54 7172582339 PETRO FLEL 036 P.3 PACE 05110 LO NTIIA(. etc ABRAMS, P.C. Fly: icbard .1. Zr .1c, .Esquire Attu ey T.D. No. 90795 rtnis M. Abrams. Esquire Attot y T.D. No. 40184 555 C tyLine Avenue, Ste. 500 73afa C ynwyd, PA 19004 610-6( 7-7511 THIS IS NOT AN ARBITRATION MATTER ASSESSMENT OF DAMAGES IS REQUIRED. JURY TRIAL,., DEMANDED Attorneys for Plaintiffs DEB RUSSELL and COURt OF COMMON PLEAS LAW. ENCE AUSSELI.., w1h 2577 Bay Scout Drive CUMBERLAND COUNTY Nttston own, PA 17229 Y. TERM, 2008 PETR STOPPLNG CENTERS, L.P. 1201 H 1-d3b trg Pike Carlisl , PA 17073 NO. COMPLAINT laintiffs, by and thmugh undersigned counsel and in support of their Complaint, allege the fall I. Plaintiffs Debra Russell and Lawrence Russell are adult individuals residing at the above 2. Defendant Petro Stopping Centers, L.P. is a Limited Partnership wbicb at all times relevant to this Complaint operated fueling stations in the Commonwealth of Pennsylvania. 3. At all times relevant to this Complaint, including October 18, 2006, Defendant was resp nsiblc for the operation of the Petro Awing station located at 1201 Harrisburg Pike in Carlisle, Pennsylvania. 4. At all times relevant to this Complaint, including October 18, 2006, Defendant May 01 2008 7:29AM HP LRSERJET 3330 04/33/2008 109:54 7172582339 PETRO FUEL 0 36 was re?pottsiblc for the safety and maintegance of the Pctro fueling station. P-4 PAGE 06/10 5. On Octobcr 18, 2006, Plaintiff Mks Russell was a business invitee at the Defer ant's busir ." premises. 6. In the evening of October ) 9, 2006, Plaintiff Debra Russell stopped at the Petro statio in Carlisle, PA to Ebel her vehicle. Pitintifrs vehicle requir_s diesel duel. Slue was on the fv l island getting ready to pump diesel fuel, when she turned around to turn on the pump. As she was turning, Plaintiff` fell on the slippery surfitce, which was a combination of diesel fuel niid w ter. She fell forward on her amt as well as ber knee. 7. plaintiff Debra Russell was severely injured as described below. CQUNTI DEBRA EFEND N NEGLIGENCE 8. Plaintiffs incorporate by reference the allegations in Paragraphs 1 through 7 as thou the same were frilly set forth herein at. length. 9. A dangerous condition existed upon and/or within the property of Defeodana which condition created a reasonably foreseeable risk of the kind of injury Plaintiff sustained and of which condition Defendant had actual notice and/or could reasonably be charged with notice III in sufficient time to have taken measures to protect against the condition. 10. Defendant had a duty to husines9 invitees to keep the premises at issue safe for its int icd purpose, 11. Defendant failed in its duty to Plaintiff Debra Russell. 12. The above-described accident was caused by the negligence and carelessness of in lbat it: 2 May 01 2000 7:29RM HP LRSERJET 3330 84/39/2098 0954 7172582339 PETRO FUEL 036 P.5 PAGE 87/10 a . failed to keep the relevant property in a reasonably safe condition for ita intended use for business invitees; b, failed to properly inspect, Maintain and keep the aforesaid property w1iiclt reaulted in a dangerous condition end a hazard for the movement of business invitees through or around said prapertY; C , failed to discovtx and ronedy the dugero`ts condition; d, failed to place adequate warnings or warning signs within and around the dangerous condition; . -failed to employ warning devices wbich would have been noticeatde to an invitee who was watchingwltexc she was waking; t , allowed the ground to become an extrerntly stippety mixture of diesd A%e) and water; 9. failed to timely elmotdry the wet area of the fueling station; h , failed to remove the water hose frosn the fueling station; .i , failed to adequately light the premises; failed to properly menage, trtin, inspect, and supervise its agents, servants, contractors and/or employees; k . failed to inspect the work being performed by its agents, servants, contractors or employees; and 1. failed to exercise due care in retard to those who lawfully were on the Property. 13. As a direct And proximatc result of Defendant's negligence, Plaintiff Debra suffered various injuries, including but not liunited to, traction brachial plexopathy of the cord of the tight brachial plexus, tendinosis of the supraspinatus, impingement syndromr. in tlpe shouldw. a materfaJ exavatration of pircexisting but asymptomatic and stable ioclavicula.r joint (which is now unstable and severely degenerated), periscapular trigger point and painful neuroma of the supraclavicular nerve, pain and swelling in her right knee, 3 May 01 2068 7:29AM HP LRSERJET 3330 P•6 041302000 09:54 7172562339 PETRO FUEL 036 PAGE 08/10 ? headsrhes and troulfle slFepieg, any nailer al) of which maybe peQxt?aneot in nature, i 14, As a direct and proxinate result of Defendant's negligence, Plaintiff him incuered and will in the future inter medical expenses for the diae+esis, imil" It and rehabilitation vft4c ijt cs she snsfsined as a result of"s accident. 15. As a direct and proadlmatc vault of Defiandant's eegligence, Plairalffhas in the past suffered and will in the future suffir great physical and mantel Pain and suffering- W As a direct and pmx9t wu restate of Defcndoaxt'g negligeax. Plaintiff has sufroW Jost wages and may suffer severe lots of earnings " impairmcm of her earning capsolty and power, said may continue to w Mar such a lose for m indeftnim pe dod of time is Ste AA-Ura 17. As a direct and proximate result of 17efoodar0l's nceigencc, Plaintiff has In nix past wfFered and will in the houre suffer Area the inshillty to live a 00rmal life axd enjoy life's pleasures including, but not limited to, an itability to aaand to her usual daily duliea end ectiv)des. wHBREFORE. Plaintiff demandsjudgrncnt against Defendant, in an amouat in -C= of 250,000.00 phis interest and costs. and such other relief m this Honomblo Court damns necessary and appropriate. I COUNT U 18. Plaintiff Iawrarsae Ruasafl inoorpmyetes by reference the atlegadtions in Parognphs 1 through 17 u thovgb the sanow-e&ily set fat* herein at leatgtb. 19. As it direct sad pmximate malt of the aforesaid a4SUgence and catelesmesa of 4 1! 5 MaS 01 2008 7:29AM HP LRSERJET 3330 P•7 04/30/2008 1!09:54 7172582339 PETRO FLEE N36 PAGE 10/10 cfende t, Pleiutiff Lawrence Rvsscll sufferecl and Will eontisiue to suffer the I's-,; of D corsorti rn, companionship and society ofbis wife. HEREl=ORE. Plairttiflydemands judg "c" t aga'nst Defendat?t in W, amount ill excess of 50 W ,(Zn p1uF interest and costs, anct such atha relief as 43ic Honorable Coun deems necessary aad Respectfully Submitted' LOWgr1T.R/lL ate AXR04s, '-C' By: F,ICHA. J. ZE}?fBLE, ESQUIRE Attonoey for Plaintiff 5 May 01 2008 7:29AM HP LRSERJET 3330 84/3012006 '09:54 7172582339 PETPO FLEL 036 VERIFICATION P. e PAGE 09/10 Debra Russell, -hereby vvify that I aw a plvintiff in the foregoing action and that the facts se forth in the )Foregoing are true and correct to die best of my knowledge, information wid belief-, nd these statements are made subject to the penahies of 18 Pa.C.S. §4904, relating to unswor falsification to authorities. ?,1 -V?O ae 1 ammix- DF,BRA RUSSELL' lid 6 yo LOWE THAL & ABRAMS, P.C. By: Dennis M. Abrams, Esquire Attorney Identification No. 40184 Richard J. Zemble, Esquire Attorney Identification No. 90795 555 City Line Avenue, Suite 500 Bala C wyd, PA 19004 (610) 667-7511 DEBFik RUSSELL and LAWRENCE RUSSELL, w/h PETRO STOPPING CENTERS, L.P Attorneys for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-2725 PLAINTIFFS' RESPONSE TO DEFENDANT'S INTERROGATORIES 1. Please identify yourself and state your date and place of birth, your marital status at the time of the incident which forms the basis of this action, your present social security, umber, Medicare and/or Medicaid numbers, your Blue Cross and Blue Shield group umber and agreement number and, if you were ever in the Armed Forces, please state he dates, the branch of service, your rank at discharge, whether you had any infirmities at discharge, whether you have any claim or are receiving benefits for any infirmities from said service, your Identification service number and your Veterans "C" number. Debra uise Russell DOB 1./20/59 Place o Birth: Lewistown, PA SSN 188-52-1897 Insurana was with Local 1964 I.L.A. 11 Tear eck Road Ridgefi ld Park, NJ 07660 (cancelled by union after injury) Worke ' Comp PC Clam Workers' Compensation P.O. Box 13933 Readin¢. PA 19612-9917 File #115 CB CDL325 J The Ph enix Insurance Company No Militarv Service 2. f you suffered or were examined for any injury, illness, disease or abnormality within the en (10) years prior to the incident upon which this action is based, specify the nature of ach such injury, illness, disease or abnormality, when, where and how each such injury, llness, disease or abnormality was sustained, and the names and address of all medical ersonnel and medical care facilities having any connection with the treatment of each uch injury, illness, disease or abnormality, the nature of such treatment and the date non which such treatment was rendered. None 3. f you suffered or were examined for any injury, illness, disease or abnormality of any ind at any time prior to the incident upon which this action is based involving any part r function of the body claimed to have been injured in the incident which constitutes the asis of this action, specify the nature of each such injury, illness, disease or abnormality, hen, where and how each such injury, illness, disease or abnormality was sustained, and he names and addresses of all medical personnel and all medical facilities in any way nnected with the treatment of each such injury, illness, disease or abnormality, the ature of such treatment and each date upon which such treatment was rendered. None 4. If you have ever asserted a claim or filed suit for any purpose including, without imitation, a claim for injury, damage, property damage, or disability, workmen's mpensation or occupational disease to obtain benefits, identify the claim or suit, the ature of the injuries alleged in each such suit, the period during which you were isabled, and, if said suit has been terminated, state the results of the trial or settlement, including the amounts of each recovery or settlement, if any. Sexual Harassment & Discrimination under gag order 1987 and 1990 in 2 car accidents State Farm Insurance I have records. Non-chargeable to me. Injuries sustained, lower back injuries, pulled muscles. No lawsuits. Carlisle Hospital records. No hers nal records. 2004 - isability 2 months for feet - muscles, lower back, pulled muscles. No lawsuit. Grove City Hospital in Ohio has all records. Released back to full duty after physical therapy. have no personal records. 2 I also filed a Worker's Compensation claim from this injury. 5. State the name and address of your family physician at the time of the incident upon which this action is based, the approximate number of visits made in the year preceding aid treatment and the reason for each such visit. Dr. Wil iam Milroth 318 N. irst Street McCon ellsburg, PA 17233 717-48 -4180 1St - fol ow up on emergency room visit. Sent for MRI 2°d - results of MRI. Referred to Dr. Tysland for rotator cuff repair. 3`d - flu 4th - follow up from Tysland. Shoulder still injured, hand swelling and additional pain in should , elbow and neck to shoulder. Shoulder does not look right, hangs forward. Went to see Dr. Jae er, left arm started to hurt from over-compensation. Numbness and burning in fingers, palms, ands. 5th - Ph sical for Dr. Jaeger's surgery to arm. Surgery was cancelled by workers' comp 6. State in detail what injuries you claim you sustained as a result of the incident upon which this action is based, the dates confined to bed by your injuries, the dates confined o your house by your injuries, the date you recovered from each particular injury and if ou are not fully recovered, please describe in what respect you are still affected by your njuries, disabilities and complaints. Octobe 18, 2006 - injury occurred. Injuries sustained - right knee, right arm, right shoulder, also later diagnosed as nerve damage in neck, to rotator cuff. Octobe 26, 2006 - confined to recliner December 8, 2006 - surgery to rotator cuff. Confined one week to chair then allowed 38 wccks of physical therapy. June 27, 2007 - steroid shots in back, attempt to relieve neck and shoulder pain. Confined at home, up till now due to pain. Still taking Demerol 100 mg. No driving allowed. Cons t pain, numbness in fingers and hand, hand swells, pain from shoulder to neck, from shoulde to elbow and in through back at shoulder blade, nerve damage in arm. Arm lays forward (disfigured) at shoulder. (See Dr. Jaeger's medical report.) 7. f you claim a permanent injury resulting from the incident upon which this action is ased, describe such injury fully and in detail and the treatment you have received and he treatment you are currently receiving for such residual injury or disability, including he identity of all medical personnel presently involved in your treatment, where such eatment is being rendered, the nature of the treatment and how frequently such reatments are given. See rest onse to #6. I also suffered a heart attack. 3 112 N. `° Street Chamb burp-, PA 17201 Frankli County Heart Center 755 No land Avenue Chamb rsburp, PA 17201 McCo ellsburg Medical Center 214 Pe ch Orchard Road McCo ellsburg, PA 17233 8. State the names and addresses of all medical facilities in which you have been confined or through which you have received outpatient treatment as a result of your injuries, the dates of each such confinement or treatment, the general nature of the treatment in each, he charges for same, and the amount that has been paid. See medical records 9. State the names and addresses of all medical personnel who have rendered treatment or ervice to you because of the injuries referred to in your answers to Interrogatories Nos. 6 nd 7, the dates of such treatment or service, where such treatment or service v,70.1" endered, the general nature of each treatment or service, the charges for each treatment r service, and the amount that has been paid as to each. See medical records 10. dentify all medical personnel who were consulted by you in connection with the incident pon which this action is based or the injuries you claim to have resulted from said ncident, and state, when, where and for what purpose each such person was consulted. See medical records 11. ate your contentions as to the liability of each defendant as well as the specific facts own to you upon which you base each claim of negligence alleged in this action. A liability of negligence. A dangerous condition existed upon and/or within the property of Defendant, which condition created a reasonably foreseeable risk of the kind of injury Plaintiff sustain and of which condition Defendant had actual notice and/or could reasonably be charged with notice in sufficient time to have taken measures to protect against the condition. In other words, there was a dangerous combination of diesel fuel and water which created a very slippery] surface, and caused me to fall and get hurt. 4 12. f you have received any medical, hospital or x-ray reports from any edical facility or medical personnel concerning the injuries alleged to have been caused y the incident upon which this action is based, identify such report, where and when ach report was received, the person from whom each report was received, the person ho has custody or possession of each report or any copy thereof, and whether each enort was written or oral. See medical records included in the Response for the Production of Documents. 13. Identify all individuals, insurance adjusters, attorneys, parties or others who have conducted any investigation or review of medical or legal literature with respect to the issues involved in this case and whether you will produce or have produced at a mutually convenient place and time the results of the investigation (without disclosing the mental mpressions of the party's attorney or his conclusions, opinion, memoranda, notes or ummaries, legal research or legal theories or, with respect to the representative of the arty, without disclosing his mental impressions, conclusions or opinions respecting the alue or merit of the claim or defense or respecting strategy or tactics). There i a Worker's Compensation claim along with the personal injury claim in this case. medica records reveal medical exams conducted as a result of that claim. 14. f you have obtained from any person any oral or written statements or documents oncerning the incident upon which this action is based or if you have given any such tatements or documents to anyone, specify the identity of each such person, when, where nd by whom each such statement or document was obtained or made, whether each such tatement or document was oral or written and the identity of the person who has custod r possession of each such statement or document. Petro attorney took statement. Petro manager in Carlisle took report. Donny Hall, dispatcher Keysto a Freight took report. James Holloway - injury and help Also in luded in the Response for the Production of Documents are transcribed statements given to Jere iah Showvaker and John Barczykowski (regarding the Worker's Comp claim). 15. If the injuries you allege in this action were caused in whole or in part by sickness, disease, abnormality or injury other than the injuries you claim resulted from the incident upon which this action is based, specify the nature of each such sickness, disease, abnormality or injury and how each affected you, whether there are any medical, x-ray, hospital or other reports which indicate the nature of each such sickness, disease, abnormality or injury and how each affected you and, if so, state where and when each such report was made, the identity of the person who made each such report, each person who has custody or possession of each such report and whether you have been furnished 5 y such information in any way other than by the documents referred to in this terrogatory and, if so, how, when, where and by whom. N/A 16. be any conversations, whether held in person or using any device of communication, seen or among any defendant and any other person pertaining to the subject matter of action by stating the date, time and place of each such conversation and exactly what said by each person privy to each conversation if you can, and if you cannot, marize as accurately as you can each such conversation. Petro a?orney took statement. Petro manager in Carlisle took report. Donny Hall, dispatcher Keysto a Freight took report. James Holloway - injury and help 17. f you or anyone to your knowledge are in possession of any photographs, drawings, ketches, plans, documents or blueprints relating to the subject matter of this action, ncluding, but not limited to, the area involved in the incident upon which this action is ased, the local or surrounding area of this site of said incident, the injuries you allege in his action, or any other matter or thing involved in the incident, state the date each such hotograph, drawing, sketch, plan, document or blueprint was taken or prepared, the ame and address of the party taking or making it, where it was taken or made, the bject(s) or subject(s) or the particular site or view it represents, its present whereabouts d the name and address of the person who has possession or custody of each or any py or print thereof taken by Petro manager 10/18/06 18. Identify all persons who you know or believe witnessed all or any part of the incident upon which this action is based, were present at or near or within the sight or hearing of the scene of the incident upon which this action is based and/or has any knowledge of the injuries you claim to have resulted from said incident. Lawre Russell 2577 B y Scout Road Huston own. PA 17229 James olloway 2577 B y Scout Road Huston own. PA 17220 19. With respect to each of the persons named in your answer to the preceding Interrogatory, state his exact location at the time of said incident or other relevant time and the activity in which he was engaged at the time of said incident or other relevant time. 6 James Polloway - caretaker Lawre ce Russell - fueling at Petro at same time. 20. Identify any and all fact witnesses who have any knowledge whatsoever pertaining to the issues involved in the instant case, as well as any and all potential witnesses or individuals whom you may call at trial and who have not heretofore been identified, including the name, place and manner of contact between the potential witness and the parties, the substance of facts to which the witness could testify if called by any party, and method of discovery of the potential witnesses, the purpose of the witness' testimony (if applicable) and whether any statement or summary or written memoranda has been taken with respect to the potential witness and if so, who has possession of that statement or document at the present time. (Please attach a copy of the same without the necessity of filing a formal request for production of documents). See answer to Interrogatory #19 21. Identify all other witnesses other than those identified in the foregoing Interrogatories who yo will call to testify at trial and with respect to each such witness, summarize all of the testimo y they will offer. None known at this time. 22. Please specify the damages you claim by itemizing lost earnings, loss of earning capacity, all medical expenses, expenses incurred for rehabilitation and custodial care, future losses and all other elements of special damage. Wage loss and earning capacity impairment to be calculated. 23. f you sustained any financial loss as a result of the incident upon which this action is ased, other than those covered by the preceding Interrogatories, specify the nature, dates d amounts of such losses; and if a claim is being made for nursing service or household elp, identify each such person employed, the period of employment, the amounts of the harges for the services, the amounts actually paid and whether you have retained any ills, canceled checks or copies thereof reflecting such charges. Lost m health, dental and vision insurance and my husband's. I have had to hire custodial and care tat ing help. I have had to hire a chauffer to drive me. All heart attack bills and doctor's bills, et v. and neck injury bills from Parkway have not been paid. Prescription for heart meds out of pock t, around $400 as of today. Gas payment for travel and tolls to doctors. 24. or 15 If, during the five years preceding the incident which is the subject matter of this action, you were employed by another, please state, for that five year period, the name and address of each employer, the job title or classification of your work for each employer, the dates of your employment with each employer, the amount of salary or wages received from each employer during ach calendar year, the weekly, monthly or annual wage or rate of pay received from each employ r, and the exact weekly, monthly or annual wage or rate of pay being received from your emnlov r at the time of said incident. See the tax return included in the production of documents 25. If, during the five years preceding the incident upon which this action is based, you were engaged in a business as a partner with others, identify each of the other partners or associates, the name and address pf the partnership, the type of business engaged in by he partnership, the dates during which such partnership or association operated, and the xact amount of income and other benefits distributed to you from the partnership for ach of the five years, stating specifically the income during each year and the amount eceived during the last calendar year in which the incident occurred up to the ti f:- Truck riving only and home business expenses. We were owner operators in 2003-2004. Leased o Brisk Transportation. See tax returns. 26. If, during the five years preceding the incident, upon which this action is based, you were elf-employed, identify the business, the nature of the business, and your exact income, gross and net, from the business for each of the five years stating specifically the income (luring each year and the income earned during the calendar year in which the incident occurred up to the time thereof See ans*er to Interrogatory #25. 27. F :)r the five years prior to the incident which constitutes the basis for this action and for each of the years since that date, state the name in which your federal income tax return as filed, your gross income, adjusted taxable net income, and for each such year, the aggregate gross income stated on W-2 forms attached to your federal income tax return; f you did not file a federal income tax return, supply the requested information as ontained on your state and local income tax returns. See tax 28. ?f you claim that you were unable to work as a result of the incident upon which this ction is based, specify the dates you were unable to work and the reasons you were le to work. October 23, 2006 to present due to the injuries received from this accident. 29. I you claim that you have not been able to perform your work satisfactorily as a result of he incident upon which this action is based, specify the dates you were unable to erform, the duties you were unable to perform, the manner in which you were prevented From performing those duties, and the identity of all persons having knowledge of same ncluding your supervisors or employers. Donny all - dispatcher at Keystone. Lori Zimmerman - took doctors' reports and for workers' comp a Keystone. 23, 2006 to present 30. entify any insurance company, association, exchange or benefit society or groups which ave paid any health, sickness, incident, medical, disability or life insurance benefits sing out of the incident which forms the basis of this action, specify the amount and ates of such payments and specify the nature and extent of any subrogation interest laimed or asserted. There i? a lien with the Phoenix Company, Travelers Insurance, for $53,905.33 31. if your claim in this action is based in whole or in part upon expert opinion, please identify each and every expert you expect to call at trial, his profession or occupation, the subject matter upon which the expert will testify, the substance of the facts and opinions o which the expert will testify, a summary of the grounds for each opinion of the expert, he date upon which you first contacted the expert, the author, title, date and publisher of any article, text, part of a text, treatise, paper, speech, or any other source of medical information upon which the expert will rely in expressing his opinion and identify all laims or actions in which such person has served as an expert witness. CV's and reports will be supplied on a timely basis. 32. or each expert identified in the previous Interrogatory, please state the expert's age, resent professional affiliations and employment, prior educational background, the titles d dates of publication of any article, text, part of a text, treatise, paper or speech uthored by the expert or to which the expert contributed. CV's and reports will be supplied on a timely basis. 33. ?pecify all educational and training institutions which you attended including the dates of ttendance, degrees awarded and the reasons for leaving if no degree was awarded. 9 Shipper burg University 1998, 15 credits, went back to work ICS - private investigator diploma, 1998 - completed Professional Career Development - paralegal -1993-1996 diplomas and honors Axia University of Phoenix - still 36 credits, still attending online, one class only at a time. 34. tor to the occurrences alleged in Plaintiffs Complaint, did any person, including but not ited to the Plaintiff or Defendant, observe the alleged defect or defective condition? Lori Zimmerman, James Holloway, Donny Hall 35. the answer to the preceding Interrogatory is in the affirmative, please identify such erson and state: a. When such person first observed or had notice of the defective condition or situation giving the date and time; and U b. All actions taken by such person at the time of such notice or observation to correct, remedy or notify Defendant of such alleged defective condition or situation. LOWENTHAL & ABRAMS, P.C. BY: RICHARD J. ZEMBLE, ESQUIRE to VERIFICATION Debra Russell, hereby verify that I am a plaintiff in the foregoing action and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief; and these statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to falsification to authorities. 4i / DEBRA RUSSELL 6 3 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are hereby waived; and that all objections except as to the form of the question are reserved until the time of trial. DEBRA HOLLOWAY, called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION BY MR. BANKO: Q. Are you all right? A. Yeah, I'm ready. Q. My name is Steve Banko, and I represent the Petro Stopping Center in the lawsuit that you've brought along with your husband arising out of a claim which you contend occurred back in October of 2006. You're represented by counsel. We're here to take your deposition. A couple ground rules. I'm sure your lawyer went over them though may not be exactly the way I do them. So if for any reason you don't hear a question that I've asked, please tell me you didn't hear my question and I'll repeat it for you so you do 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hear it. All right? A. Yes. Q. what's more likely I have a very bad habit of interrupting myself in the midst of my own question. So I may ask you a question you don't understand or you don't know what it is I'm driving at. If I do that, tell me you didn't understand my question and I'll try to rephrase it so you do understand it. Okay? A. Yes. Q. As I understand so far now, we have an agreement you're only going to answer questions you heard and understood, correct? A. Correct. Q. You've done very well thus far by verbalizing each one of your answers. Please do that. Try to avoid uh-huhs, hu-huhs, shakes and nods of the head. It's difficult for the court reporter to take down that type of testimony. If you do that, I'll prompt you and say ma'am, if that was a yes, please say yes. So start with a yes or a no or whatever you need to and then give any answer you believe is appropriate since you're under oath. Okay? A. Yes. 5 1( l7 l? l? 14 1? 1E 1. 1? 15 2C 21 22 23 24 25 Q. And finally, you've also done well on this. Wait until I'm done speaking. I already told you I have a bad habit of interrupting myself. Wait until I'm done speaking even though you know immediately where it is I'm going and then answer the question. We won't have two people talking at once, and it'll be a lot easier for the court reporter. All right? A. Yes. Q. Please state your full name. A. Debra Louise Holloway. MR. BANKO: Let's go off the record just for one second. (Discussing held off the record.) BY MR. BANKO: Q. Spell your last name for us, please. A. H-o-1-1-o-w-a-y. Q. And in a brief off the record discussion, I learned that you are divorced from Mr. Russell and now remarried? A. Yes. Q. When did you and Mr. Russell divorce? A. Do you want the final date on that? Q. Yes. Well, let's do that first. When was the final date? 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. It was June, 2008. Q. Okay. And when did you separate? A. I need a second with my attorney. MR. BANKO: Okay. (Discussion held off the record from 10:03 to 10.04 a.m..) THE WITNESS: Could you please re-ask that question? MR. BANKO: Sure. What was the last question? (Question read.) THE WITNESS: My marriage part of us living together as man and wife ended January 5th of that year. BY MR. BANKO: Q. Of 2008? A. Of 2008. Larry remained in my home until I believe it was August of that year. Q. Okay. A. He paid room and board to keep his stuff there and get his mail, but he was on the road driving truck. Q. All right. Did your separation and then ultimate divorce have anything at all to do with the injuries you sustained in this claim, in this fall at 7 1( 1. l? 1. l? lE lF 1S 2( 21 22 21 24 25 the Petro Stopping Center? A. Yes. Q. Tell me why that's true. A. Larry and I were very active people. Besides just driving truck, we went bowling. We went and did activities together, lots of them. That ended when I got hurt. And for a while, Larry was okay with going to work and having to take care of me; but after a while, it started to weigh on him. I couldn't do things for myself, and then he came home to take care of me full time. And it started to weigh heavy on him. Yeah. Q. All right. We'll talk more about that in a little bit. I just got a little off track. What's your current residence address? A. 2577 Boy Scout Road. Q. And what town is that? A. Hus tont own. Q. Is that Fulton County? A. Yes. Q. How long have you lived at that address? A. Since 2005 -- 4. Excuse me. 2004. Q. I didn't mention this to you before. But previously you stepped out to speak to your lawyer about one of my questions, and I don't have any 8 problem with that. I would prefer, however, you answer a question pending before you speak with your lawyer; and if you need to take a break for any other reason, please let me know and we'll accommodate that. All right? A. Yes. 1( 1] lL 1. 19 1C: lE 17 18 19 20 21 22 23 24 25 Q. How old are you? A. Fifty. Q. What's your date of birth? A. 11/20/59. Q. And where were you born? A. Lewistown, Pennsylvania. Q. What's your Social Security Number? A. 188-52-1897. Q. Tell me about your educational background. Are you a high school graduate? A. Yes. Q. What year and what school? A. Chambersburg, 1977. Pardon me. Q. What was your course of study in high school? A. General. Q. Do you have any formal education after high school? A. Yes. 9 1C l7 1L l: 19 1E 16 17 18 19 20 21 22 23 24 25 Q. Tell me about that. A. I've got paralegal, private investigator, psychologist, two years. Q. Where did you get the paralegal training? A. Professional Career Development. Q. Professional Career Development? A. Yes. Q. Where is that? A. Georgia. Q. And when did you -- do you have a paralegal certificate? A. I have diploma. Q. I'm sorry. Diplomas? A. Diploma. Q. When did you get the paralegal diploma? A. That's four or five of them. Q. Okay. About when did you get those diplomas? A. In the 190s, 1990s. Q. How about the private investigation? A. In the 1990s from ICS out of Scranton, Pennsylvania. Q. Were the paralegal diplomas -- did they include classroom time or were they on-line credits? How did you earn those? 10 1 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Those were home study. Q. And how about the private investigation? A. Home study. Q. And you said psychology, tell me about that. A. I have a two year degree from Phoenix University on-line for psychology and an associate's degree. Q. Any other formal education? A. I had -- actually, it all blends in together. Like in -- in the 1970s, I tried college; and it didn't work out so -- Q. What college was that? A. Penn State. Q. Okay. Which campus? A. Mont Alto, Altoona and University Park. Q. How many credits did you earn from Penn State? A. None. Q. None. Okay. Have you ever worked as a paralegal? A. I did help on one case for Jim Kayer. Q. Okay. He's in Franklin County? A. He no longer practices. Q. Okay. Was he in Franklin? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No, he was in Carlisle. Q. Okay. A. Cumberland I guess that is. Q. Other than that, had you ever worked as a paralegal? A. No. Q. Have you ever worked in the field of psychology? A. No. Q. How about as a private investigator? A. No. Q. Are you currently employed? A. No. Q. When was the last time you were employed outside the home? A. When I worked for Keystone Freight Corporation a couple of days after my injury. Q. Did you recall the date of the injury? A. October 18th. Q. 2006? A. 2006. Q. As of that time, how long had you been employed by Keystone? A. A year. Q. And what type of routes or driving did you 12 11 2' 31 4 51 6 7 I 81 I i 9 101 I 111 i 12 13 i 14 i 15 16 I 17 18 19 20 21 22 23 24 25 do for Keystone? A. Local. Q. When you say local -- A. I got home -- sorry. Q. I'm sorry. A. I was still answering you, but go ahead. Q. What do you mean by local? A. I got home every night. Q. And how many days per week did you work? A. Depended on the hours that I ran. Q. Okay. And depending on the hours, about -- well, let's ask it a different way. About how many hours did you work per week? A. I can work 80 hours -- 70 hours in eight days. If I don't go over that, they keep -- they can keep running you; but on the average, I ran about five days a week. Q. Did you always have the same tractor? A. Not always. Q. Did you generally use the same tractor and occasionally not or how did that work? A. Yes. Q. Generally the same tractor and once in a while for whatever reason you'd have to take another one? 13 1( 1] 11, 1_ 14 1E lE 17 18 19 20 21 22 23 24 25 A. Yes. Q. And for the year that you were at Keystone, were you a regular customer at Petro Stopping Center in Carlisle? A. Yes. Q. So you were well familiar with the -- the facility and its layout? A. Yes. Q. About how many days -- if you worked five days, how many days would you have to fuel? A. That would be -- that would be dependent on if anybody else took my truck out or not. Q Right. A. Usually every other day. Q. And your husband at the time, Mr. Russell, you guys weren't on the same truck but you would work the same days generally? A. Generally. Q. And would you generally fuel at the same place and same time? A. When we could. Q. All right. Prior to Keystone Freight, where did you work? A. I worked for Brisk Transportation. Q. And where was their terminal? 14 1l l: l: l: l? lE 1. lF 15 2C 21 22 23 24 25 A. Delaware, Ohio. Q. Was there a -- tell me how that worked. You didn't go to Delaware, Ohio all the time to load and unload, did you? A. Wait a minute. There was a job before that. It was with SRT. Q. SRT? A. Uh-huh. Q. Yes? A. Yes. I'm sorry. Yes. Q. That's okay. So immediately before Keystone, you would have been at SRT? A. Yes. Q. Okay. And where was that -- where was the terminal for SRT? A. Give me a second. It was in Arkansas. Q. Were you an over-the-road driver with SRT? A. Yes. Q. And so frequent nights away from home? A. Yes. Q. About how often would you get home when you were with SRT? A. That varied with the jobs we did. Q. I understand. A. When we first started with them, it was 15 1( 1] 1. l? l? 1( lE l? 2( 2] 2? 2-- 24 2-r once every couple weeks. Q. Okay. A. When we took on the Eagle account, it was about eve ry other night or so if the freight panned out that way. Q. When you say we, were you operating as a part of a team? A. Yes. Q. And was that with Mr. Russell? A. Yes. Q. How long had you been at SRT? A. About ten months. Q. Was there any period that you were unemploye d between leaving SRT and then going to Keystone? A. No. Q. I'm sorry. No? A. No. Q. And why did you and Mr. Russell leave SRT? A. We became owner/operators. Q. Were you an owner/operator at Keystone? A. No. Q. Were you an owner/operator after SRT but before go ing to Keystone? A. Before SRT. 16 I 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. But then why did you leave SRT to go to Keystone? A. We couldn't make the payments on our house. Q. So not enough -- you just weren't making enough money? A. We weren't making enough money. Q. Then immediately before SRT, you were driving truck? A. Yes, sir. Q. And -- and was that -- was that the period of time you were an owner/operator? A. Yes. Q. And were you working for any specific company or were you working for a different company at that time? A. Brisk had the freight for Kroger. Q. Okay. A. We worked out of the Kroger plant out of their warehouse. We pulled their freight. Q. And where was that? A. Delaware, Ohio. Q. And at that point when you were at Brisk, you were an owner/operator. Were you always an owner/operator while you were working for Brisk? A. Yes. 17 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did you -- were you buying a truck through any leasing program at Brisk either owned or sponsored? A. No. Q. You'd already brought the truck to the Brisk contract? A. Brought two of them. Q. And was there a lease agreement then? Were they leasing your truck and your tractor? A. Yes. Q. And was there a written lease agreement between you and Mr. Russell and Brisk? A. Yes. Q. How long had you been at Brisk or an owner/operator while working at Brisk? A. Over a year. Q. How much over a year? A. I think it was like 13 months. Q. Was there any period of unemployment between leaving Brisk as an owner/operator and going to SRT? A. There might have been a week or two. We were -- we were hired. They just couldn't get us down to the company for the orientation. Q. And what did you folks do then with the 18 l 1C 17 l? l? 14 1? lE 1. lE 1? 2C 2] 2? 2--- 24 2E tractor that you -- you owned while you were at Brisk? A. We leased them. We turned them back in. Q. I see. Okay. Prior to Brisk, where did you work? A. Interstate. Interstate Distributor Company. Q. I forgot to ask. Why did you leave Brisk to go to SRT? A. They cut the rates. Q. How were you paid? By mile? A. By mile, by stops, by layover, stuff like I that . Q. Okay. And where was Interstate Distributor? A. Tacoma, Washington. Q. How long were you at Interstate? A. Almost three years. Q. Was that an over-the-road job? A. Yes. Q. Where were you living when you were working for Interstate? A. Where I live right now. Q. How often did you get home when you were working for Interstate? 19 1( l7 l? 1. l? l? lE l; lF 2( 2] 2? 2- 24 2E A. Sometimes it was up to every 14 weeks. Q. And were you and Mr. Russell working as a team? A. Yes. Q. Between leaving Interstate and going to Brisk, was there any period of unemployment? A. We had leased the trucks, but they hadn't started operation yet. We had a job. We just couldn't start yet. Q. Okay. A. So I don't know if you're going to classify that as unemployment or wait time. Q. All right. How much was the wait time? A. Probably two weeks. Q. And why did you folks leave Interstate? A. We had asked Interstate -- we had to get approval in order to buy a house and where they could get us home. And we bought one there because they promised us a contract, and the contract fell through. And we weren't getting home. We bought the house in Columbus, and Delaware is right outside there so we could be home every night. Q. I'm confused by what you said. I asked you where you were living when you worked at Interstate, and you said that you were living right where you are 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I now. A. In the beginning. Q. When you first started with Interstate, you were living where you are now? A. Yes. Q. So at some point, you had that property, left it and now come back to it? A. Yes. Q. Before you were at Interstate, where did you work? A. Werner. Q. I'm sorry? A. Werner Enterprises. Q. Was that an over-the-road job? A. Yes. Q. And where were you based out of? A. Nebraska. Q. But you were living at your current address? A. Yes. Q. And how long were you at Werner? A. About I think it was four years. Q. And again, were you and Mr. Russell a team? A. Yes. Q. And how often did you get home when you 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were working with Werner? A. About every 14 weeks. Q. And why did you leave Werner? A. We weren't making any money. Q. All right. Now, I know as a result of this claim you made a claim for workers' compensation benefits, correct? A. Yes. Q. I'm just trying to figure out a logical breaking point to ask my next series of questions. Well, let's -- let's go back to the time that you started Werner. Okay. From the time -- and all my questions are going to be focused on this period of time until I tell you otherwise. So from the time you began working at Werner up to the time of the incident on October 18th, 2006. That period of time. Looks like it's about 10, 11 years, something like that. Had you sustained any other work injury and made a claim for workers' compensation benefits? A. No. Q. Do you have -- can you tell me generally what year it was you started at Werner Enterprises? A. It would have been 1998. Q. All right. I apologize. I've got to go back one more job. Prior to Werner, where did you 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 work? A. I don't remember. Q. Okay. When were you and Mr. Russell married? A. December of 1998. Q. At that time, were you divorced from the prior marriage? A. Yes. Q. Rather than go through this in a tedious fashion, how many times -- including your current marriage, how many times have you been married? A. Seven. Q. Have you married any of the men more than I once? A. No. Q. What was the name of your husband prior to Mr. Russell? A. Rager. Q. I'm sorry? A. Rager. Q. How do you spell that? A. R-a-g-e-r. Q. And what was Mr. Rager's first name? A. Lee. Q. L-e-e? 23 1 1C 1] 1L l? 14 1r lE 1. 1f 2( 2] 2? 2= 24 2 c- A. Yes. Q. When did you and Mr. Rager divorce? A. I don't remember. Q. All right. Well, I was going to go back to the end of Werner Enterprises; but I've got to go back a little bit further because I was trying to go back ten years before October of 2006. So that's -- I'm just looking for a logical break-point to give somebody some historical perspective that might, you know, make it easier for them to -- to remember that period of time because I know it's a long time ago. So you were motioning. Do you remember when you were divorced from Rager? A. No. Q. Do you have any children? A. Yes. Q. How many? A. One. Q. Okay. And what's your child's name? A. Sparkle. Q. I'm sorry? A. Sparkle. Q. Sparkle. How old is Sparkle? A. Twenty-seven. Q. That's too long. What's Sparkle's last 24 name? A. Mellott. Q. M-e-1-1-o-t-t? A. Yes. 1( 1. l? 1. l? l? 1( 1'. if 1<_ 2( 21 2' 2: 24 2-r Q. I want to go back to -- and I can't think of a logical breaking point; and I wish I could. But I'm going to go back to the beginning of 2 thousand -- I'm sorry -- beginning of 1996 so -- and if you're close on a date, you know, it might have been '95, could have been, you know, you're not sure, just let me know about it and we'll try to figure it out. But going back to the beginning of 1996 up until the time of this incident in October of 2006, again, had you made any claims for workers' compensation benefits other than this particular claim? A. No. Q. Had you been involved in any motor vehicle accidents either as a pedestrian, driver or passenger? A. Yes. Q. Okay. Now, first question is one accident or more than one accident? A. More than one. 25 1( l: l: l: l? if 1F 1< 2( 2- 2', 2-- 24 2 E- Q. Okay. How many? A. Two. Q. When was the first motor vehicle accident of the two that you're telling me about? A. It was in the '90s. Q. Do you have any idea what -- when it was in the '90s? A. No. Q. And when was the second accident? A. In the 190s. Q. How far apart were the two accidents? A. I think like two or three years. Q. Tell me about the first accident. Where did it happen? How did it happen? A. First accident happened at the square in Newville. Q. Okay. A. An old man run the red light, hit me straight on. Q. When you say straight on, what was the point of impact on your vehicle? A. Passenger side. Q. Were you a passenger? A. I was the driver. Q. And were you injured in that accident? 26 1( 17 l? l? lE l? if 1S 2( 2] 2? 2-- 24 2-E A. Yes. Q. And what were your injuries? A. Stunned my back. Q. What? A. Stunned my back. Q. What part of your back? A. Lower back. Q. Any other injury other than the lower back? A. I don't believe so. I don't remember. Q. How long did it take -- for whatever injury you sustained in your lower back, how long did it take for those symptoms to go away? i A. A couple of weeks. Q. Did you receive any treatment from that -- as a result of that accident? A. Yes, I did physical therapy. Q. And where was the physical therapy done? A. Carlisle. Q. At the hospital? A. Carlisle Hospital, yes. Q. And who sent you for the physical therapy? A. It was the doctor at the Carlisle Hospital, but I don't know his name. Q. So were you seen in the Emergency Room at Carl isle Hospital? 27 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. Okay. Then released. Did you have any follow-up care with any doctor? A. No. Q. Did you see Dr. Milroth as a result of that accident? A. No. Q. And Dr. Milroth was your family doctor? A. Yes. Q. For a long time? A. Yes. Q. Is Dr. Milroth still practicing or is he still alive? A. Yes, he is. Q. I haven't heard his name for a long time so that's why I ask. Are you still a patient of Dr. Milroth? A. Yes, I am. Q. When was the last time you saw Dr. Milroth? A. I'd say it was about six months ago. I had the flu. Q. Is Dr. Milroth providing any kind of treatment for any injuries sustained in the fall in October of 2006? A. No. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. VOGELSONG: That question was currently? MR. BANKO: Yeah, currently. BY MR. BANKO: Q. All right. Then the second accident which happens a couple years later, tell me about that accident. A. I was getting off at Belvedere on 81 in Carlisle. I was sitting at the red light. An old lady -- I guess she was in her 80s -- it was raining -- come down off the ramp, back end, had hit me at 55 miles an hour. MR. BANKO: Off the record. (Discussion held off the record.) BY MR. BANKO: Q. Were you injured in that accident? A. Yes. Q. Okay. And what were your injuries in that accident? A. Stunned my spine. Q. I'm sorry? A. Stunned my spine again. Q. What part of your spine? A. Lower. Q. Any other part of your body injured? 29 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I had pain, but the doctor told me that it was emanating out of my lower back. Q. Pain where? A. Up through the rib cage and out that -- you know, just like up all over. Q. Did you have any complaints of neck pain or right shoulder pain? A. To be honest with you, I don't remember. It's a long time ago. Q. Going back to the first accident, as a result of that accident, did you make a claim against the other driver's -- or the other driver's insurance company? A. Yes, I did. Q. And did you make a recovery as a result of that accident? A. They fixed the car; and I think they -- they gave me $6,666.66 for pain and suffering. Q. Okay. Were you represented by a lawyer? A. Yes. Q. That makes perfect sense why the numbers -- the number it is. Was there a lawsuit actually filed or was the claim made and the case got settled before a lawsuit? A. It never went to court. 30 1( l? l? l? l? l? lE 1 '. 1£ l? 2( 2] 2? 2. 24 2E Q. Okay. I understand that. This case hasn't gone to court yet either, but there's a lawsuit been filed. Do you know whether there was a lawsuit f iled? A. I signed papers; but I didn't -- I don't remembe r paying any fees for filing them or anything. Q. Okay. What was your last name at the time of that accident? A. Rager. Q. Who was your lawyer? A. James Kayer. Q. I'm sorry? A. James Kayer. Q. And then the second accident, did that result in a claim? A. No, the insurance company sett led it with I me. Q. All right. Have you -- again, I'm going from '96 through 2006. Other than the two accidents, had you had any other type of injury -- and just me, people can hurt themselves a whole bunch of different ways; and I use this as a -- just by way of example. i Certainly not an exhaustive list of all the ways people can hurt themselves. But slip and fall on ice, a trip down steps. Any kind of injury at all in 31 1( 1. l: l; l? l? lE 17 1E 1S 2( 21 2? 2. 24 2-c that ten year period? A. Yes. Q. Tell me about that. A. I had a fall at Brisk. Q. Where was that fall? A. I fell out of the back of my own trailer. I didn't file any lawsuits. Q. And when you were at Brisk, you were an owner/operator? Yes? A. Yes. Q. So you wouldn't have qualified for workers' comp. But did you have your own health and welfare or disability policy? A. Yes, I did. Q. And was there a claim made on that policy? A. Yes, there was. Q. Do you recall the insurance company involved in that? A. No, I don't. Q. Now, when was that fall? A. I think it was in April -- or what was that -- 2004, I believe. Q. Okay. And what injuries did you sustain in that fall? A. My feet and legs. 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 Q. Any other part of your body? A. No. I don't -- I don't remember. I remember that part of it. Q. Who treated you for those injuries? A. I was treated at the hospital in Grove city. Q. PA? A. Ohio. Q. You can't assume anything. Treated and released from the emergency department? A. No. Q. Okay. Tell me about that. A. They sent me to physical therapy for six weeks. I believe it was six weeks. Q. And was the physical therapy through the hospital or was it a separate location? A. Memory serves me right, it was at the same place. Q. Any other injuries then in that ten year period before this fall? A. No. Q. Were you -- when I use the word admitted, I mean where you went to a hospital and you stayed over at least one night. In that ten year period, had you been admitted to any hospital for any reason? 33 A. Could you please repeat that time period? Q. Yeah. From around the beginning of 1996 through October 18th, 2006, had you been admitted to any hospital for any reason? A. Yes. 1( 1] 1. 1S lE 1. if l? 2C 21 22 23 24 25 Q. One or more than one? A. One. Q. Okay. And where was that? A. McConnellsburg Medical Center. Q. Fulton County Medical Center? A. Fulton County Medical Center. Q. And what was that for? A. A D&C. Q. All right. Now, in that same period of time again -- and you've told me about two accidents and one fall. But were you seen in the Emergency Room of any facility, treated and released for any other reason other than those three incidents you told me about? A. I'm going to have to ask to repeat that. Q. Sure. Between 1996 and 2006, you told me about a fall off the back of your truck and two motor vehicle accidents. Okay. And at least two of them had an Emergency Room visit, and I don't remember anymore whether the third one did or not. But 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 setting those three incidents aside, have you been treated in the Emergency Room of any facility for any reason and then released? A. Yes. Q. Tell me about -- one or more than one? A. More than one. Q. Okay. About how many? A. Oh, probably four or five. Q. And where would -- what facility or facilities would they have been? A. I got treated over the road for a cyst that broke on an ovary. Q. Okay. A. And I don't remember where that was. Q. All right. A. I got treated a couple times for bronchial pneumonia. Q. And where? A. One was Chambersburg. Q. All right. A. A couple were over the road. One was in Barstow, California. Q. All right. A. I don't remember where the other ones are. But you get sick out there, and you got to get 35 1C 17 l? 14 1r lE 1; 1E 1S 2( 21 2? 2--- 24 2 C treated. Q. Okay. Now, again, during the ten year period of time before this fall, we know that there was a claim to some type of policy that you had when you were an owner/operator from the fall off the back of the truck; and we know there were two claims for motor vehicle accidents. Had you made any claim against any company, insurance company or person where you said that you were injured as a result of something somebody else did or because of some product that you had used? A. In that same time period? Q. Yeah. A. No. Q. Now, I'm going to ask the same questions but we're going to focus on the period of October 18th, 2006 up until today. To make it more confusing, however, I want you to set aside anything that happened as a result of this incident, any treatment or anything else related to this incident in October of 2006. Set that aside because we'll talk about that separately. A. Okay. Q. So in the last three and a half years, have you -- you've not been employed, correct, so you 36 11 2 1( 1. l? 1. l? l? 1( 1'. 1F l? 2( 2 2? 2: 24 2-c wouldn't have had any claims for workers' compensation benefits other than this one; is that right? A. That's correct. Q. Have you been involved in any other motor vehicle accidents -- did -- in any motor vehicle accidents either as a pedestrian, driver or passenger? A. No. Q. Have you made any claims or filed any lawsuits for -- against any person or company or insurance company wherein you said that you were injured as a result of something somebody else did or i some product that you used? A. No. Q. Have you been hospitalized for any reason? Again, hospitalization meaning staying over at least one night. A. Yes. Q. One or more than one? A. One that I can remember. One. Q. And what was that for? A. I had a heart attack. Q. And when was that? A. April two years ago. 37 1( l: l? l: l? l? 1F 1'. lF l? 2( 2- 2 : 2; 24 2E- Q. So April, 2008? A. Yes. Q. And where were you hospitalized? A. Chambersburg. Let me restate that. First they sent me to McConnellsburg Medical Center who then sent me to Chambersburg. Q. All right. A. Who kept me in their cardiac ward. MR. BANKO: Off the record. (Discussion held off the record.) BY MR. BANKO: Q. Have you been seen in the Emergency Room of any facility, treated and released for any reason? A. Yes. Q. Tell me about one or more than one. A. I can remember one. It was last summer. I broke out with a rash on my neck and stuff and -- Q. Okay. What facility was that? A. McConnellsburg. Q. Okay. A. Fulton County Medical. Q. Have you been -- have you been seen in the Chambersburg ER for any reason? A. Not that I remember. Q. Or Carlisle? 38 1( l l? l? l? 1( 1'. lE 1! 2( 2] 2? 2. 24 2-c A. Not that I remember. Q. Have you sustained any injury since October of 2006? It's kind of as I described before, slip and fall on ice, trip down steps, misstep off a curb, any kind of fall or any injury of any kind. A. No. Q. Now, tell me what injury or injuries you sustained as a result of the fall in October 18, 2006. A. I skinned up both knees. Q. Skinned both knees. A. The right one took the worst of the fall. Q. Okay. A. I skinned up both arms and hands; but the right one took the wors t -- the brunt of the fall. Q. Okay. Both h ands. Where on the hands and arms? You can describe that for me. A. The palm, the elbow, the shoulder. Q. Okay. So the palms of both hands were skinned? Yes? A. Yes. Q. Okay. The el bows of both arms skinned? A. Yes. Q. And both shoulders injured? A. No, sir. 39 1C 17 l? 1. 14 l? 1E l7 if l? 2( 21 2? 2--- 24 2? Q. Okay. I'm sorry. A. My right shoulder was injured. Q. Okay. But no injury on the left shoulder? A. No. Q. So we have the knees and the hands and arms and right shoulder. Any other injuries? A. No. Q No? A. No. Q. Okay. Did you sustain any injury to your neck or back? A. No. Q. Okay. As we're sitting here right now, are you having any problems or pain or difficulty with any parts of your body that you believe were injured as a result of the fall in October of 2006? A. Yes. Q. Tell me about that. A. My shoulder doesn't -- my right shoulder does not lay correctly. Q. What do you mean doesn't lay correctly? A. It lays forward. Q. Okay. And how does that present a problem for you? A. All right. I have a big bust. 40 1C 1] l? l: l? 1( lE 1S 2( 27 2' 2-- 2L 2-c Q. Okay. A. I have to carry a lot of weight on that shoulder when I wear a bra. Q. Okay. A. The bra does not fit right to give me the right kind of support because the shoulder lays forward. My clothes do not fit right. It is impinged in there between the neck and the shoulder so certain movements cause me a great deal of pain. Q. What movements are they? A. They're movements that I have to make to go about my daily living. Q. For example if you could give me. A. Some bathroom functions. Q. Okay. Are you -- any other specific movements that cause you pain? A. Getting dressed. Q. Okay. What else? A. Sleeping. Q. What else? A. I have no sex life because I can't stand the jolt. Q. Anything else? A. Sleeping gives me a problem. Q. Okay. What else? 41 2 9 F 1( 1. l: 1. l? 1. l? 17 l: 21 A. Cooking, day-to-day activities that I used to do, gardening. I can't bowl anymore. Q. Okay. We'll talk about those things, but I'm asking about the movements that cause your shoulder pain. We'll talk about the things you can't do or do that increase pain. We'll talk about those. I'm just trying to figure out what movements specifically cause pain in your right shoulder. A. Lifting. Q. Okay. When you say lifting, do you mean from ground level up to your waist or up to shoulder heighth or overhead? What kind of movements? A. Any kind that carries any weight with it. Cooking, for instance, just trying to hold the skillet on the stove. Took a big patch of my hand off right here because I couldn't steady the skillet. I can't do it. MS. VOGELSONG: Indicating your left hand between the thumb and the index finger. THE WITNESS: Yes, ma'am. BY MR. BANKO: Q. Thanks for the help. I would have gotten to it, but go ahead. What else? A. Some movements I can make, and I know when I make them I'm going to pay for that movement. 42 11 2 3 4 5 6 7 8 5 1C 11 l? 1. 14 1 1F 1', if 1< 2( 2: 2: 2: 2, 2! Q. I've gotten off track, and I will get back to this in more detail. But I'm really just trying to figure out if there's any specific movements, not the activities that you have to -- that you're engaging in to make the movements but any movement that specifically you know is going to increase your pain. A. Sitting here is increasing my pain. Under the arm, okay? I'm wearing a bra so I'm moving kind of like this. Under the arm hurts from the shoulder of sitting and moving around like this. Q. All right. Well, I think I've got a good picture of it. We'll -- so the fall happens. When was the first time -- about what time of the night did the fall happen? A. Around 9:00. Q. When you came -- you drive off the Harrisburg Pike; and it makes no difference to me whether you turn left or right onto Clinton Avenue. But you turn back the road to go to the fueling station, correct? A. Yes. Q. When you are going back that road which we now know since the early 190s is called -- I'm sorry -- early 190s is now called Clinton Avenue, the 43 1( l: l: 1. 1! 11 2 fueling station is on your right? A. Yes. Q. When you -- were you driving a tractor with a trailer? A. Yes. Q. When you pulled into the fueling area, were the pumps you were going to use on the right or left of your tractor? A. They're on both sides. Q. Okay. Which side of the -- which side of the truck were you fueling? A. You're going to need to be more specific. Q. You pulled up. I know there may be pumps on either sides because there's fuel islands. I understand that. But you're only using one pump at a time, correct? A. No, sir. Q. You're using two at a time? A. Yes, sir. Q. And so you're -- you're sitting in the middle of two fuel islands with hoses going to each side of the truck? A. No, sir. Q. All right. Explain to me what you do. A. I'm in one fuel island. There is a main 44 11 pump on the -- on the driver side. 2 3 4 side. 5 6 7 A 1C 11 1L 1. l? 1( if 1! 21 2: 2: 2: 2, 2. Q. Okay. A. There is a satellite pump on the passenger Q. Okay. A. This allows the driver to fill both tanks at the same time. Q. Okay. Do you remember what pump you were using at the time? A. I believe it was 5, but I'm not sure of that. MR. BANKO: Okay. I have some photographs. Let's just mark the whole packet as Holloway 1. (Copies of Photographs, three pages, produced and marked Holloway Exhibit No. 1.) BY MR. BANKO: Q. We've handed you what we marked as Holloway 1. Can you identify those photographs? A. It's the fuel pumps at the Petro in what I believe is Carlisle, Pennsylvania. Q. Okay. Okay. I'd be real foolish to bring the photographs of some other location and try to trick you, but I'll tell you that's what I believe. That's where I got them from. But can you tell by 45 1 2 3 4 5 6 7 9 1C 11 1L 1. l? lE if 1! 21 2: 2: 2. 2, 2 looking at this photograph whether this is the fuel pump on Picture A -- well, they're all the same. They're just in little different perspectives. But is this the fuel pump you were using to fuel your vehicle that night? A. I can't be sure of that. Q. All right. All right. In any event, you pull -- you were coming down Clinton Avenue and you make a right to go into the fuel islands? A. Yes. Q. Okay. Tell me what happens next. Stop your truck. What do you do? A. I pull into the fuel island. Q. All right. A. I stop my truck. Q. Okay. A. Apply the brakes. Q. Okay. A. Get out of the truck. Q. All right. A. I go over to the card reader which is this machine right here. Q. Now, you're pointing at on Holloway 1 -- show me again where you were pointing to. Maybe I can identify it. 46 1 2 3 4 5 6 7 8 9 1C 11 1L 1. 14 1? 1F 1' if 1? 2( 2: 2; 2. 2, 2 A. Let -- wait a minute. Let me make sure I am right on that. Yeah, I think I am. That' s the card reader. Q. Where the phone -- looks like a phone hanging down? A. I think that's the card reader. Q. Okay. All right. And card reader. What did you do? A. You swipe your COM data card in there. You put your mileage, your truck number, your license plate number, company name. Q. Okay. All right. And then assuming that this is the island -- and that's all we're doing now is assuming it; but if this is the island, that's the -- we're looking -- let's look at B because it's a little bit clearer. Second page there. That's the card reader then, the pump is right next to it where the hose is hanging down? A. Yes. Q. After you've done whatever you needed to do at the card reader, what did you do next? A. You turn on -- you put your hose in the fuel tank. Q. Okay. A. And you start the main pump. 47 1 2 3 4 5 6 8 1C 11 1L 1. 14 lE lF 1! 21 2: 2: 2 2 2 Q. All right. And then what did you do? A. Then you take the nozzle and you lock in the grip that keeps the nozzle running just like any gas station. Q. Exactly. A. Then I walked around to the other side of the truck. Q. Let me stop you there. Did you walk around the front or go around the back? A. I walked around the front. Q. Shortest distance obviously? A. Yes. Q. Now what did you do? A. I went around, and I opened the fuel tank on the passenger side. Q. Okay. A. I put the hose in and secured it into the hole in the tank. Q. Okay. A. I -- Q. Where does that hose come from? A. The satellite pump on that side. Q. I see. MS. VOGELSONG: Do you have a picture of that? 48 1 u 1C 1= l? l: 1`. lE 17 l 21 2 2. 2 2 2 BY MR. BANKO: Q. Is that depicted in any of those photographs? A. I can't really tell in these copies. Q. Okay. A. But it's straight across the fuel island. Q. All right. Well, let me back up and make sure I understand at least the positioning of your truck. When you pulled up, is that card reader on the driver's side or the passenger side of your rig? A. It is on the driver's side. Q. Okay. All right. Okay. So you walked around the front of the truck, put in the second hose. Now what did you do? A. I secured it in. Q. Okay. And then what did you do? A. I turned around to turn -- excuse me. I turned around to turn the satellite pump on. Q. Okay. A. Then I turned back around to start the fuel in the hose. Q. All right. A. But I fell on my way around. Q. What did you fall on? A. I'm sorry? 49 1 2 3 4 S H 1C l7 l? l? l? l? lE if l< 2( 2: 2: 2. 2? 2 ! Q. How did you fall? What made you fall? A. Water and diesel fuel mixed on the cement pavement. Q. The -- the -- the second tank that you're filling on the passenger side, is that slightly to the rear of the cab of the truck? A. No. Q. Okay. Where is it? A. It's the same place as the one on the driver's side is. Q. Okay. Where is that? A. It's behind the front wheel of the truck under the passenger door. Q. All right. And were you using the front of the truck as the -- for my next question, did you fall in an area in front of that passenger tank or behind it? A. I would have been at the front part of the tank past it. Q. So in the front part up towards the front of the truck? A. My feet and -- and my legs would have been at the front part of the tank. The rest of my body would have been in front of that. Q. All right. But what I'm saying is the 50 i 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 point you fell at the front of that tank is towards the front of the truck? A. Yes. Q. Okay. And is that in the same area that you had walked around to get to to open that tank? A. Yes. Q. Had you seen any d iesel o r water on your way aro und to open the tank in the first place? A. Yes. Q. So you knew it was there? A. Yes. Q. Before filling the tank, did you go in and report what you had seen to anybody at the truck stop? A. No. Q. And you put the nozzle -- is there any way you can tell me on any of these photographs about where it was this -- this diesel and water mixture was? If not, that's okay because that's all I have. A. It was in this area right here. Wait a minute. Let me see this one. This one might be better. It's in this area right here and over in here. And see, my truck would have covered a lot of this. So this space right in here. And it was up through all here and then underneath my truck. 51 l? 2' 3' 4 5 6 1C 11 l? l? l? lE 1'. 1F 2( 2: 2: 2: 2, 2! Q. All right. MS. VOGELSONG: Are you going to describe that for the record? MR. BANKO: Yeah, in a second, yeah. BY MR. BANKO: Q. If we're looking at Holloway 1-C, your -- your tractor would have been -- according to what I understand would have been going from your left to your right across the photograph? A. Yes. Q. Okay. And using that, can you mark -- I don't know what -- is this going to show up? No, it's not. The first thing I'd like you to do is show me about where it was that you believe the oil and the water -- diesel and water mixture was on the ground by drawing a circle, oval, however best you can describe where and the size of that puddle. MS. VOGELSONG: Assuming that area is, in fact, shown on the photograph. MR. BANKO: I understand. THE WITNESS: I'm sorry. The truck would sit here. Well, about here. BY MR. BANKO: Q. Where would the front -- let's start over. Where would the front of the truck be in relation to 52 l I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2( 21 2: 2- 2' 2! the card reader as you pulled in with the card reader on your -- on your left on the driver's side? A. See, I would have come in this way. Q. I understand. And where would the front of the truck have been? A. Up -- probably right here. Q. Okay. Draw -- draw -- you're -- you're drawing a line right on the line that was already there, the concrete break. Is that what you're doing? A. Yes. Q. And so along that front -- that -- that break in the concrete you've drawn the line across that we're never going to be able to see that would have been about where the front of your truck was? A. Yes. Q. Then you -- you did whatever you had to do on the left side of your truck, you walked around the right side. Now, show me where that -- if you can on that photograph, show me where the collection of diesel fuel and water was? A. It was all in here. All in that space and under my truck and over here where the pump is. Q. And you are literally showing us the entire area that is from the bottom of the barrels on the 53 1! 2 3' 4 5 6 7 8 1C 11 1- 14 lr lE 1'. if l? 2( 2: 2: 2: 24 2! photograph down to that break in the concrete line all the way to the left side of the photograph? A. Right. Q. Okay. And that's where you fell? A. Over on this side, yes. MS. VOGELSONG: Indicating off the left side. MR. BANKO: Off the left side of the photograph. I understand. If you let me take the deposition, I'll get to it, please. I really don't need your help. I don't want to be a brute about it. I'm just trying to figure this out myself. BY MR. BANKO: Q. Okay. Were you leaving the truck after placing the hose when you fell? I mean was it -- you've put the nozzle in. You haven't fallen yet on the passenger side. A. That's right. Q. When is it that you fall? A. When I turned back around to turn -- turn the nozzle on and take that little lever and push it up in there so it starts pumping. I never got that,.-- pump started. Q. But this is an area that you'd already walked on? 54 lj 2) i i 3 4 E F 1C l? l? 1. l? l? 1F if l: 21 2: 2: 2: 21 2! A. Yes. Q. Prior to the fall? A. Yes. Q. Okay. And did you see this collection of diesel and water before you walked on it? A. Yes, I did. Q. Okay. Did you ever save the clothing tha you fell in that night? A. No. Q. What kind of shoes were you wearing? A. Steel toed sneakers. Q. What kind of tread were on the bottom? A. The thick heavy stuff. I don't know what they call it. Q. Because they were sneakers they were rubber soled? A. Yes. Q. All right. Did you ever then that evening completely fill the tank of the -- of the truck? A. No, not -- not the tank over here. Q. When you say over here, you're talking about on the passenger side? A. That's right. Q. Okay. Do you have any idea how many gallons if these two tanks were empty how much it 55 1 I 21 4 5 E 7 c 1C 11 1. 14 1? lE 1. l? l? 2( 2] 2? 2_ 24 2 -r would take to completely fill the truck? A. Over 200 gallons. Q. Two hundred? A. Yes. Q. May I have my pen back because that's all I I have? A. Yes. Q. Tell me the motion of your fall. How did you fall? A. I fell -- I was turning from the pump what would be counterclockwise. Q. Okay. A. And I remember hitting the ground. Q. Okay. And how -- how did you go down? Did you go down frontwards, sidewards, backward? A. I went face forward. Q. Okay. Tried to catch yourself with both hands? A. Yes. Q. And that's how you skinned both hands and both elbows? A. Yes. Q. Yes? A. Yes. Q. That's okay. 56 1 2 3 4 5 6 7 E c 1C 17 l? 1. l? l? lE 1£ l? 2( 2- 2. 2; 2? 21 A. I would like to say something if I could. Q. Sure. I'm not sure your lawyer wants you Ito, but go ahead. A. I never finished filling that truck on that side. My husband took care of everything after he got me into the restroom to clean up. That truck did receive fuel. Q. Okay. I would have walked through this a little bit more slowly. But you've now fallen. You're down on the ground. Your knees are skinned. What -- what kind -- what kind of lower body apparel were you wearing? A. Sweatpants. Q. And tore the knees out of those or not? A. No, I didn't tear the knees out of them. It sucked up the diesel fuel. They were heavy sweatpants, and they acted like a sponge and sucked it all up. Q. That's why I was asking whether you ever kept those. A. No, I didn't keep them. Q. All right. Now, you're lying on the ground. At this location, the fueling store/convenience store is -- there are pumps on either side, correct? 57 1i 21 1C 17 1L 1. l? lE 1F 1( 2( 2: 2: 2; 2? 2'. A. That's correct. Q. Were -- was your husband on the same side of the convenience store as your truck or opposite side? A. It was on the other side. Q. So he could not have seen the fall, am I right about that? A. He did not see the fall itself, no. Q. Okay. What happened after you fell and you were lying on the ground? A. He come out the door to see if I was ready; and he saw me getting -- trying to pull myself up. And he said what happened. And he looked at me, and he said do you need help. I said I think I broke my leg. Q. All right. He -- he naa alreaay =ueieu aiiu went inside to get his ticket? A. Yes. Q. Was your fall in any way caused by the hose on the gas pump, on the fuel pump? A. No. Q. Have you ever told anybody that you tripped on the hose? A. No, I said I went over the hose. Q. Who did you say you went over the hose to? 58 1 21 3 u G h 1C 1] 1. l? l? lE if l? 2( 2_ 2: 2_ 21 2' A. I told that to the guy at the Petro who took the report. Q. When was that done? When was the report taken? A. It was taken about an hour after the incident. Q. Okay. We'll cover that a little bit more. Okay. So your husband comes out of the convenience store with his ticket and he sees you lying on the ground? A. Yes. Q. Okay. What happened next? A. He helped me up. Q. Okay. And then what did you do? A. He helped me hobble into the lady's room in the convenience store. Q. Okay. Right there where you would get your fuel ticket? A. Yes. Q. Okay. Did you sign for the fuel ticket that night? A. No. My name is on that fuel ticket, but that's not my signature. Q. Who signed it? A. My husband. 59 1! 2! 3 4 1C 1] l? 1E 17 if 2( 27 2? 2. 24 2-E Q. Okay. Did you know any of the employees at the Petro Stopping Center by name at the fuel area? A. I know them by face. They know me. Q. So you went inside. Did you tell anybody inside at that time that you had fallen outside? A. No. Q. Did your husband tell anyone? A. No. Q. Why not? A. He was interested in getting me back to the yard. I was covered in diesel fuel with open cuts, and it burned. And I had nothing to change into,, and I was burning. And I couldn't take it anymore, and I wanted him to get me to the yard. Q. So you went into the convenience store, use the lady's room to wash off what you could? A. Yes. Q. Clean up the cuts on your palms of your hands, your elbows and your knees the best you could? A. Yes. Q. Okay. But you still had diesel fuel on your pants, on your sweatpants? A. Oh, yes. Q. On the way out, did either -- did you and your husband leave at the same time when you went 60 1 i 2' 1C 1] l? 1. lE 1' if 2( 2- ? 2 2--- L 2 2? out? A. He walked me out to my truck and helped me get up in it. Q. And on the way out, you didn't -- you -- neither you nor Mr. Russell told the people at the truck stop that you had fallen, correct? A. No. Q. I'm sorry. That was a bad question. Did you tell -- did you or Mr. Russell tell anybody in the convenience store that you had just fallen? A. No. Q. All right. Then your ex-husband gets you -- helps you get into the tractor and you drive down the road? A. Yes. Q. Where -- and then you went back to your yard you said? A. Yes. Q. Where was that? A. Chambersburg. Q. And it's about an hour down the road? A. Forty-five minutes maybe. Q. okay. When you got to the yard, what did you do? A. I went into dispatch and told them to call 61 1( l7 l? 1. 14 l? lE l; lE l? 2C 21 2? 2? 24 2E Petro, that I had been hurt. Q. And who was the person that you told at dispatch? A. Donnie Hall. Q. Do you have any idea where Mr. Hall lives? A. No, the last I heard he was living at one of the company facilities there in Chambersburg, an apartment. Q. Do you know if he's still there? A. I don't know. Q. What did you tell Donnie Hall about what had happened? A. I told him the exact same thing I told you. Q. Did you mention -- did you say anything to Donnie Hall about tripping on the hose? A. No, I told him I fell over the hoes. Q. And then it was Mr. Hall who called Petro? A. Yes. Q. So that's an hour or more after the fall? A. It was about an hour. Q. All right. What did you do after telling Mr. Hall about the fall? A. He called Petro, and I talked to Petro. Q. Okay. So you talked to someone over the phone then? 62 1 2 3j 4 1C 17 l? 1. l? l? 1F 1'. lE 2( 2- 2, 2-- 21 2E A. Yes. Q. And who did you speak to? A. The manager. Q. Do you remember his name? A. No, I don't; but the paperwork has it on there. Q. All right. Did you ever go back to the Petro Stopping Center in person after that? A. Yes. Q. Okay. When was the next time you were I back? A. I worked for a couple of days -- Q. Okay. A. -- after this injury; and I stopped to fuel I think twice. Q. Okay. And did you speak to anyone at the Petro about the fall on either of those two occasions? A. I spoke to the manager but not about the fall. I pulled in two days later to get diesel fuel and the islands were the same way, and I told him to get somebody out there and put stuff on them. Q. Okay. And do you remember who that person I was? A. That manager. 63 11 2 i i 311 4 5 6 7 8 9 10 11 121 13 14 1C: 1E 1. if 1S 2( 21 2? 2_ 24 2-E Q. Okay. There's a guy -- I think one of the fuel managers is named George. Would it have been George, 50 years old, glasses, dark hair? A. No, this was a young guy. Q. Young guy. Earrings? A. I believe. Q. All right. When was the first time that you sought -- I got ahead of myself. You were at the yard. Donnie Hall called Petro. You spoke to the manager at Petro. What did you do next that night? A. I went home. Q. And when was -- when was the first time you sought medical attention? A. About two days later I believe it was. Q. And did you work at all? A. Pardon me? Q. You all right? A. Yeah. Q. Did you work at all for -- as a truck driver between that night and first seeing your -- seeking medical attention? A. I believe so. Q. And that would have been some local route that got you home every night? A. Yes. 64 1 2 3 4 5 6 i 7 8 9 10 111 12 13 14 15 16 i 17 18 19 20 21 22 23 24 25 Q. When you were making local deliveries, I'm assuming you've got a series of stops, it's not just one pick up and one drop off. Am I right or am I wrong? A. Not with Target. Q. I'm sorry? A. Target. Q. You were hauling just strictly Target items? A. Yes. Q. So you'd -- you'd pick up -- somebody else packed a trailer, you'd pick it up, take it to a distribution center wherever and drop it off? A. I would take it to the store. Q. Okay. A. And they would either unload it or I would have a drop and hook. Q. Okay. Would -- would your responsibilities at all have anything to do with loading or unloading? A. No. Q. And I don't know if I asked you this. Are you right or left-handed? A. Right. Now, some people call breaking the seal or opening the doors part of the unloading process. That I do. 65 12 i 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2( 2] 2? 2: 2? 2 _ Q. I worked in warehouses; and so I -- I know from loading and unloading trucks and -- and freight cars that opening a seal isn't unloading a truck. That's only when the work begins. A. Well -- Q. Okay. Where was it that you first sought medical attention? A. Fulton County Medical Center. Q. And did you have any follow-up visit after that visit at Fulton County with Dr. Milroth? A. Yes. Q. And is that how you got to Chambersburg Orthopedics? A. Yes. Q. And in December then of 2006, you had arthroscopic surgery on the right shoulder? A. Yes. Q. And that was performed by -- I can't -- A. Dr. Tysland. Q. Tysland. That's right. And I know that you've had steroidal injections at various times. How many steroidal injections have you had? A. First of all, there wasn't various times. It was once. Q. Well, all right. That clarifies. I've 66 l? i 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 gotten records from so many sources it's hard to figure out what date is what. Okay. You were scheduled for a second one then; but then that didn't -- that didn't go forward. A. Travelers refused to pay for it, and they wouldn't give me another injection. Q. Okay. And Dr. Tysland's arthroscopic surgery, have you had any other surgery in any parts of your body as a result of injuries in this accident? A. No. Q. Well, you mentioned Travelers before. That's the workers' compensation carrier? A. Yes. Q. Have you been offered the opportunity -- A. Pardon me. Q. That's okay. Have you been offered the opportunity to return to a lighter or medium duty job? A. Yes. Q. How many -- how many of those offers have you been made? A. Twice. Q. And you've -- you declined both? A. Yes. 67 1 21 i i i 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2? 2-- 24 2E Q. Why? A. The jobs they want me to do I'm incapable of doing. Q. What were the jobs? A. One was a big trucks part receiver. Q. Okay. A. The other one was dispatch. Q. And what is it about dispatching that you couldn't do? A. Most people believe that a dispatcher just sits there. Okay. They deal with drivers. They're up and down getting paperwork. If there is any O, S & D -- over, shortage and damages -- they have to go out and open them truck doors, crawl up in that trailer and check those damages and those freight. If there's an accident, they have to go out, crawl on top, underneath, wherever it takes to get those pictures to do that. Then it's a half a mile walk from where the dispatcher has to park until where they have to go into the dispatch office. There's no facilities to park closer. Q. And what about what you've just described would you not be able to do? A. Where do you want me to start? 68 li 211 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1S 2C 21 2L 2-- 24 2 -E Q. Wherever -- wherever. A. The truck parts? Q. Yeah, that's fine. A. Okay. When -- when you get -- that garage over there that they wanted me to work in has no office. I would be sitting right up next to the trucks on the desk. When the parts come in, we're not talking about little car parts here. They want me to receive big truck parts. I can't lift those. There's no separation in the office. I would be right there where they're working on them trucks. That's dangerous. Q. That would have been dangerous with or without your injury? A. Yes. Q. Was the dispatcher a job that you could have done prior to your fall? A. Yes. And there's one other reason I couldn't have taken those jobs. Q. And what is that? A. I take 400 milligrams of Demerol a day. I cannot drive. That's a narcotic. Q. All right. And -- A. Excuse me. Q. And prior to the fall on October 16th, 69 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 1E lE 1. lE 1S 2( 21 2? 2. 24 2-c 2006, were you regularly taking any prescription medication? A. Regularly, no. Q. Were you supposed to be taking medications that you weren't taking that doctors had prescribed? A. No. I was just thinking like cold pills, stuff like that. Q. And currently, what medications do you take on a daily basis? A. Blood thinner. Q. What is that? A. Plavix. Q. Okay. How -- how is -- is the Plavix related to this injury? A. No, it's heart attack. Q. Okay. I'm sorry about that. I forgot. What other medications are you taking? A. I take high blood pressure medicine. Q. Do you know what that is? A. I believe that's Simvastatin. I take Lipitor or the generic version of it. I take an aspirin every day, and they have me on these little white pills because I'm allergic to the pills. That keeps me from itching, but they keep me from itching because of the Plavix and all that interacting. 70 1 2 3 A 5 6 8 C 1C 11 l? 1? 19 l? lE 1. if 2( 2- 2, 2:22 2E Q. Anything else? A. Aspirin. Q. You said that. I'm going to go back to the Demerol. Who prescribed that? A. Dr. Jaeger. Q. When was the last time you saw Dr. Jaeger? A. Oh, I'd like to add something. I take an Ambien every night. Q. Okay. A. And I -- the Demerol, of course. Q. When was the last time you saw Dr. Jaeger? A. Honestly, I don't remember the date; but I have to see him Friday. Q. So you have an appointment this Friday? A. Yes. Q. And that would be the 7th, I guess? A. Yes. Q. And have you seen Dr. Jaeger any time this year, 2010? A. I was scheduled to see him two or three times, but those major snow storms came in. Q. Okay. Kind of like we had to cancel the deposition -- A. Yes. Q. -- sometimes? All right. So you've had 71 1 2 3 4 G 6 E C 1C 1] l? 1` lE 17 1£ l? 2( 2: 2: 2- 2 ? 2? this surgery in December of 2006 by Dr. Tysdale. And did he then send you for physical therapy? A. Yes. Q. And was that at Chambersburg Hospital? A. No. Q. Where was that? A. McConnellsburg Medical Center. Q. Okay. Who was the next doctor after -- after completing that physical therapy, who was the next doctor that you seen for any injuries related to this fall? A. First of all, I didn't complete the physical therapy. Q. Okay. A. They told me they wouldn't see me anymore. Q. Why is that? A. Because the last week of physical therapy Dr. Tysland was on vacation and my hand swelled up like a baseball glove. Q. Okay. A. And they refused to treat it because they said something was wrong there. Q. Okay. Which hand? A. The right hand. Q. All right. And what did you do about the 72 right hand being swelled up like a baseball -- A. Iced it until he got back. That's what they told me to do. Q. What did Dr. Tysland say was the issue with your right hand? A. He didn't know. He said he thought it was 1( l7 1" l? 1r 1( 1'. lF lc 2( 2- 2: 2; 24 2! nerve damage. Q. When was the last time you saw Dr. Tysland? A. Thirty-eight weeks after the surgery, thirty-nine weeks after the surgery. Q. So sometime in 2007? A. I'd say that's a good approximation. Q. Okay. And do you have a follow-up visit scheduled with him as we're sitting here now? A. No. Q. Who was the next doctor after Dr. Tysland to provide treatment to you for injuries sustained in this fall? A. The ones that were putting the needle in me. I can't remember. Is it Cohen? I can't remember his -- his name. Q. Where was he? A. In Chambersburg. Q. And you had some sort of nerve conduction study done? 73 2 9 F 1( 1J l? 1. l? l? lE 1'. if l? 2( 2- 2 : 2- 2 L 2( A. Yes. Q. Who was after that? A. I went to see Dr. Jaeger. Q. How did you find Dr. Jaeger? A. I asked my attorney to help me get a doctor that could get me healed up. Q. Okay. And the reason I ask is I -- and I know Fulton County is a long way from Philadelphia so I was just trying to figure out how you got down there. Do you remember about when it was that you first saw Dr. Jaeger? A. I think it was October. Q. Of 2007? A. 2007 sounds right. Q. Okay. So about a year after the fall? A. Yeah. Q. Okay. And I know you've also down there seen is it Dr. Grossinger? A. Yes. Q. And he did a nerve conduction study and EMG? A. Yes. I Q. Any other doctors other than the ones we've already mentioned that you've seen? A. They did another MRI down there in 74 li 4 1C 1] l? 1. l? l? 1F 1'. lF 1( 2( 2: 2: 2: 22! Q. Yeah, I know about the MRIs. I'm talking about people you had real office visits with and you know they -- they rendered some kind of treatment or something for you. I know various tests are out there but -- A. I don't -- I don't remember any. Q. And of course, you were sent for an evaluation with Dr. -- a doctor down in Hagerstown by the insurance company? A. Yes. Q. Other than Dr. Jaeger, do you have any follow-up visit -- A. Pardon me. I was sent to another doctor. Q. Okay. A. I'd like to remit that. I had forgotten. The -- the unemployment office had me sent for a disability rating. Q. Do you know who that doctor was? A. No, I do not know his name. Q. Have you ever filed for Social Security Disability benefits? A. No. Q. All right. As we're sitting here now, do you have a visit scheduled with any doctor other than 75 1 2 3 4 G ti 1( l: l: l: 1? 1! l? 1' 1. 21 2: 2: 2: 2, 2 Dr. Jaeger for any reason at all? A. No. Q. Is there any work that you could do given your current physical condition? A. Can you be a little more specific? Q. Is there any job in this whole world that you could do despite the injuries that you sustained in this accident? A. I don't believe that I could for one reason. Q. And why is that? A. Well, for more than one reason; but one major reason is I don't have a way to work. I can't drive. Q. Why can't you drive? A. Because I take Demerol. It's a narcotic. Q. Assuming -- let's set aside transportation issues. Let's -- is there any jobs you could do? We'll worry about how you could get there. A. Okay. On a steady basis, I don't know. I want to be as honest with you as I can. I don't know. I have days that are better than others. I hurt a lot. And Dr. Jaeger told me not to use the right arm because it could be cut off with a butter knife. It's just hanging there is basically the way 76 2 4 C F 1t 1] 1. 14 lE if l? 2( 2- 2, 2: 2? 2? he said it to me. What jobs I could do in the whole world, I don't know. I can tell you one thing. I'd love to go back to driving my truck. Q. Okay. All right. Let's talk about your -- your pain level that you have in your right shoulder and wherever else you have it. Do you have pain on a daily basis? A. Some days are really bad. Some days are medium. And every now and then, you get that one day that's perfect. Q. Okay. A. It's the only way I can tell you and be Q. When you're having the worst days if you were having a pain level -- zero, no pain, ten, most pain you've ever had -- what are your worst days? A. Tens. Q. And about how many of those ten out of ten days do you have per week, per month, best way you can describe it? A. All right. Here's how it works. Usually when I get up out of bed my arm is screaming. Q. Okay. A. During the day, I take the Demerol. I can handle the pain. The pain level goes down. 77 4 1( l: l: l: 1! li 1' 1. l 21 2: 2; 2: 2, 2' Q. Okay. A. It goes down to about a five. Q. All right. A. If I forget to take the pill or I feel better and don't think I need it or something like that, sometimes the pain stays where it is. Sometimes it's -- there's no pain. Q. So -- and I don't want to put words in your mouth. I'm just trying to figure out if I understand. Every day when you wake up your pain level is ten out of ten? A. Most every day. Q. Okay. And then with -- with Demerol you're looking sometimes you get relief down to five, sometimes it's a little lower, sometimes not at all? A. And sometimes there's those perfect days. Q. Now, tell me about the -- and I know there's going to be things that you do any way that you know is going to increase your pain but you do it anyhow. But I want to talk about the things that you absolutely positively cannot do but had no problem doing before this fall either for fun, you know, around the house, whatever those things are. Tell me about those. A. Gardening. 7s I Q. Okay. What is it about the gardening that you can't do? A. I'm right handed. So working the shovel and stuff it's just impossible. Q. All right. A. I'm not ambidextrous. 0. Ambidextrous. I'd give my right arm to be ambidextrous. A. There's -- there's the getting up and down 1( l: l? l? lE if 1! 2( 2: 2: 2: 2? 21 i now . Q. I'm sorry. Getting up and down in connection with the gardening? A. Yeah. Q. All right. And did you routinely keep a garden or do gardening before? A. Flower gardening. Q. Any kind of vegetable gardens? A. Years ago. Q. But before the fall? A. Maybe a tomato plant or something but nothing -- most of my gardening was flowers. Q. Okay. All right. Now you can't do gardening. What else can't you do? A. Can't bowl. Q. How often did you bowl before? 79 A. Well, we weren't on leagues or anything; but we bowled enough that I bought a bowling ball and shoes. And so I guess you'd say once, twice a month. Q. Okay. What else can't you do? A. Sex. Q. If you want to tell the jury about that, you go right ahead. I don't have any other questions about sex. But what else can't you do? A. I can't cook by myself. I can't hold the 1( 1. l? 1. l? 1( lE l? 2( 2-- 2', 2- 24 2E- pans . Q. Okay. A. I can't lift any real amount of weight with my right hand. Q. When you say can't lift any real amount of weight, what is the amount of weight we're talking about? A. I can't lift a ten pound bag of potatoes. Q. Without using your left hand? A. I have to use my left hand. Q. Okay. What else can't you do? A. Drive a car, drive a truck, get dressed. Q. That's because of the Demerol or not? What else is it related to? A. Driving the car? Q. Yeah. 80 1( l: l: l1! lE 1! 1! 21 2: 2: 2: 22! A. The Demerol. Driving the truck is the Demerol and the -- the physical things that you'd have to do. Q. What else can't you do? A. I need help getting in and out of the tub. Q. Anything else? A. Yeah, I can't do the things that I used to do with my dogs. Q. Well, first of all, what kind of dogs do you have? A. Bull dogs. Q. How many? A. I have two bull dogs and one peekapoo. Q. What's -- A. A peekapoo. Q. And what is it that you can't do with the dogs? A. Can't pick them up. I can't -- you know, I can't hold them the way I used to. Things like that. Q. Okay. All right. what other tni.ngs cant you do? A. Like the -- going back to your last question, trimming their nails, stuff like that. I don't have the grip for the nail cutters anymore so I 81 l? l: 1: l: l1! li 1? 1 2( 2: 2: 2: 2d 21 have to pay to get that done. Q. And what else? A. I can't clean my house. Q. What else can't you do? A. Can't do laundry. Q. Okay. A. I -- I can't do dishes. Q. So general housework? A. Pretty much, yes. Q. All right. What else can't you do? A. I can't think of anything else. Just day-to-day living that I'm being active and used to doing. Oh, I can't hunt and I can't fish anymore. Sports. Q. Did you have a hunting license in 2006? A. I believe I did. Q. Have you had one since? A. No. Q. How about in 2006, fishing license, did you have one of those? A. No. Q No? A. No, no. Q. What kind of hunting did you do? A. Deer. 82 l u 1( 17 1_ 14 l? if 1£ 1< 2( 2: 2, 2; 2? 2? Q. All right. We've talked about the things you can't do. Are there things that you still do but increase the level of your pain but you do them any way because you want to? A. Once in a while, I try to make the bed. That's a pretty slow process. And let's see. Once in a while, I'll get down and sit on the floor and play with the dogs because I can't lift them. And I know when I do it I'm going to hurt, but they're my babies. Q. All right. Anything else? A. Sometimes, you know, when you've been independent you'll try to reach for your clothes and you'll try to dress yourself. You know, you try to do your day-to-day things every now and then Q. Okay. A. -- because you don't want to be dependent; and they're the things I usually end up paying for doing. Q. So just generally anything -- any kind of activity increases your pain? A. That entails the shoulder. There's another problem with that though. When I try to utilize the left-hand side or try to do these behaviors and movements, the doctor says that the pain also shoots 83 1 1( 1. l: l: 1C lE 1! 1! 2( 2: 2: 2: 21 21 through there because I'm overcompensating with my left hand. Q. Okay. Since the time of the fall in October, 2006, have you maintained any type of journal or diary about what you've gone through? A. Just the legal papers and stuff. Q. Okay. But have you kept, you know, a notebook or a diary saying dear diary, I went to the doctor today, I woke up, my pain level is ten out of ten, I really have a bad day? A. No, sir. MR. BANKO: Thank you. I don't have any other questions. MS. VOGELSONG: Okay. We're done. (Whereupon, the deposition concluded at 11:55 a.m..) 84 1( l; l? lE if 2( 2: 2, 2; 2? 2E COUNTY OF JUNIATA COMMONWEALTH OF PENNSYLVANIA SS I, Bobbi Hahn, a Notary Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania, do hereby certify that the foregoing is the testimony of DEBRA HOLLOWAY. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said Reporter-Notary Public, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that the said deposition was taken at the time and place specified in the caption sheet hereof. I further certify that I am not a relative or employee or attorney or counsel to any of the parties, or a relative or employee of such attorney or counsel, or financially interested directly or indirectly in this action. I further certify that the said deposition constitutes a true record of the testimony given by the said witness. IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of May, 2010. NOTMIAL UK em d0 N" Nm" pdk AT? 001N111F EENN000 TINP.. d!lIN FM?? y yComm fstion Eq n FO 17. X013 ??6 Axc." Bobbi Jo Hahn, RPR Notary Public Multi-Pager" $6,666.66 - Brisk DEBRA HOLLOWAY $6,666.66 [t 29:18 &(31 1:19 2:11 67:13 ,90s [6] 9:19 25:5 25:7 25:1 42:24 42:25 '95 (t1 24:1 '96 (t] 30:1 -0 08-2725 [s] 1:4 -1 1 151 2:12 44:14 44:16 44:1 45:23 1-C [1) 51:6 10 (1] 21:1 10:00 [t] 1:13 10:03 [t] 6:5 10:04 [t] 6:6 11 [1] 21:1 11/20/59 [t] 8:10 11:55 [1] 83:16 13 (1l 17:1 14 [2] 19:1 21:2 16th [s] 68:2 18 [t] 38:8 188-52-189 [s) 7 8:14 18th[s] 11:1 21:16 33:3 35:1 84:19 1970s [t] 10:11 1977 [1] 8:19 1990s [21 9:19 9:21 1996[4124:8 24:13 33:2 33:2 1998 [2] 21:2 22:5 2 [1] 24:7 200 t1] 55:2 2004 [217:22 2005 [117:22 2006 [21] 11:20 11:2 23:7 24:1 30:19 33:3 35:17 35:2 38:9 39:1 69:1 71:1 81:19 83:4 2007 [3172:1 73:14 31:22 3:19 21:16 27:24 33:21 38:3 65:15 81:15 73:13 HUGHES, 2008 [416:1 6:16 6:17 37:1 2010[3] 1:12 70:19 84:19 2577 [t] 7:16 -3- 3 [1] 2:4 3510 [t ] 1:14 -4- 4 (1] 7:22 400 [t] 68:21 44(11 2:12 -5- 5 [2) 1:12 44:10 50 (1] 63:3 55 (1] 28:12 5th [1) 6:13 -7- 70 (t1 12:14 7th [t] 70:16 -8- 80 [1] 12:14 80s [t) 28:10 81 [1) 28:8 -9- 9:00 (t) 42:16 [2] 1:3 1:4 -A- a.m [2] 6:6 83:16 able [2] 52:14 67:24 ABRAMS (t) 1:19 absolutely [s1 77:21 accident (21) 24:23 24:24 25:3 25:9 25:13 25:15 25:25 26:15 27:6 28:5 28:7 28:16 28:19 29:10 29:11 29:16 30:8 30:14 66:10 67:16 75:8 accidents [s] 24:20 25:11 30:19 33:15 33:23 35:7 36:6 36:7 accommodate [1] 8:4 according [1] 51:7 account [1] 15:3 acted [1] 56:17 ACTION [t] 1:3 action [t] 84:16 active [21 7:4 81:12 activities (3] 7:6 41:1 42:4 activity [11 82:21 add [1] 70:7 address [3] 7:15 7:21 20:19 administer (t] 84:6 admitted [3] 32:22 32:25 33:3 afterwards [1] 84:10 Again [s1 36:17 again [71 20:23 24:15 28:22 30:18 33:15 35:2 45:24 against [3) 29:11 35:8 36:11 ago [51 23:11 27:20 29:9 36:25 78:18 agreement [31 4:12 17:8 17:11 ahead [s] 12:6 41:23 56:3 63:8 79:7 alive (1] 27:13 allergic [1) 69:23 allows [11 44:6 Almost (s] 18:18 along [2] 3:17 52:12 Alto [t] 10:16 Altoona [1] 10:16 always [3] 12:18 12:19 16:23 Ambidextrous [1) 78:7 ambidextrous (2] 78:6 78:8 Ambien to 70:8 amount [3] 79:12 79:14 79:15 answer [4] 4:12 4:22 5:5 8:2 answering [t] 12:6 answers [2] 4:16 84:9 anyhow (1] 77:20 apart [1] 25:11 apartment (t] 61:8 apologize [t] 21:24 apparel [1] 56:11 APPEARANCES [1] 1:18 Apply (1] 45:17 appointment [1] 70:14 appropriate [t] 4:23 approval [t] 19:17 approximation [t] 72:12 April [31 31:21 36:25 37:1 area [9] 43:6 49:16 50:4 50:20 50:22 51:18 52:25 53:24 59:2 arising [t] 3:17 Arkansas [t] 14:16 arm [s] 42:9 42:10 75:24 76:22 78:7 arms [4138:14 38:17 38:22 39:5 arthroscopic [2] 65:16 66:7 aside (4134:1 35:18 35:21 75:17 Aspirin (1] 70:2 aspirin [s) 69:22 associate's [1] 10:7 assume [t] 32:9 Assuming [2] 51:18 75:17 assuming [3] 46:12 46:14 64:2 attack [2] 36:23 69:15 attention (3] 63:13 63:21 65:7 attorney [4] 6:3 73:5 84:14 84:15 August [1] 6:18 authorized (1] 84:6 Avenue [3] 42:19 42:25 45:8 average [11 12:16 avoid (1] 4:17 away [2114:19 26:12 -B- B (t] 46:15 babies [t] 82:10 background (t 18:15 backward [t) 55:15 bad [s] 4:3 5:3 60:8 76:8 83:10 bag [t] 79:17 ball [1] 79:2 BANKO [25] 1:22 2:4 3:12 5:12 5:15 6:4 6:9 6:15 28:3 28:4 28:13 28:15 37:9 37:11 41:21 44:12 44:17 48:1 51:4 51:5 51:20 51:23 53:8 53:13 83:12 Banko [t] 3:15 barrels [t] 52:25 Barstow (t) 34:22 baseball [2) 71:19 72:1 based [s] 20:16 basis [3] 69:9 75:20 76:7 ', FOLTZ & NATALE 717-540-0220/717-393-5101 bathroom[s] 40:14 became [t] 15:20 bed [2] 76:22 82:5 began (1] 21:15 beginning [Si 20:2 24:7 24:8 24:13 33:2 begins (t] 65:4 behaviors (t] 82:24 behind [21 49:12 49:17 Belvedere [t] 28:8 benefits (s] 21:7 21:19 24:16 36:2 74:22 best (3] 51:16 59:19 76:19 better (3] 50:22 75:22 77:5 Between [2] 19:5 33:21 between u1 3:2 15:14 17:12 17:20 40:8 41:19 63:20 big (4] 39:25 41:15 67:5 68:9 birth [1] 8:9 bit [s1 7:14 23:6 46:16 56:9 58:7 blends [t] 10:10 Blood [t) 69:10 blood [11 69:18 board [1] 6:20 BOBBI [1] 1:11 Bobbi [2] 84:6 84:21 body [6) 28:25 32:1 39:15 49:23 56:11 66:9 born (1] 8:11 bottom [21 52:25 54:12 bought [3] 19:18 19:20 79:2 bowl [3141:2 78:24 78:25 bowled [t] 79:2 bowling [2] 7:5 79:2 Boy [s] 7:16 bra [3] 40:3 40:5 42:9 brakes [1] 45:17 break (4] 8:3 52:9 52:13 53:1 break-point [t] 23:8 breaking [31 21:10 24:6 64:23 brief [1] 5:18 bring [t] 44:22 Brisk [161 13:24 16:16 16:22 16:24 17:2 17:6 17:12 Index Page 1 Multi-Page TM doctors - Hagerstown DEBRA HOLLOWAY 71:8 71:1 73:5 74:9 74:19 74:2 83:9 doctors [21 73:23 doesn't [21 39:21 dogs [6] 80:8 80:11 80:1 82:8 done p it 5:1 5:2 26:17 46:2 68:17 72:2 83:14 Donnie [41 61:11 61:1 door [2) 49:1 doors [2) 67:14 down [26] 17:24 28:1 38:4 45:8 46:18 53:1 55:15 56:1 60:21 67:1 73:17 73:2 76:25 77:2 78:9 78:1 84:9 Dr [26] 27:5 27:12 27:1 27:22 65:1 66:7 70:5 70:11 70:1 71:18 72:4 72:16 73:3 73:11 73:1 74:12 75:1 Draw p] draw [1152:7 drawing [2] 52:8 drawn [il dress [i] 82:1, dressed [2] 79:21 Drive [r] drive [6142:1' 68:22 75:1, 79:21 driver [71 24:20 25:2 44:1 44:6 driver's 16] 29:12 48:1( 49:10 52:2 drivers [ll Driving [2] 80:1 driving [7] 6:22 7:5 16:8 43:3 drop [3l 64:3 64:17 duly [21 3:9 72:16 74:14 8225 During [11 during (i 1 duty p) 66:18 76:24 35:2 69:5 39:19 Eagle [i1 15:3 early [2142:24 42:25 80:9 earn [2] 9:25 10:17 80:17 Earrings [i1 63:5 4:15 easier [2) 5:7 5:4 23:10 58:3 EDELSTEIN [2] 81:1 1:14 1:21 education [21 8:23 61:4 10:9 63:9 educational [i ] 8:15 57:11 eight p) 12:14 64:24 either [to] 17:2 24:20 30:2 36:7 4:19 43:14 56:25 59:24 30:25 62:17 64:16 77:22 46:5 elbow [11 38:18 55:14 elbows [31 38:22 60:14 55:21 59:19 73:9 emanating [i1 29:2 74:9 77:14 Emergency (s) 26:24 82:7 33:16 33:24 34:2 37:12 27:8 jemergencypl 32:10 27:19 EMG [i) 73:21 65:19 employed [41 11:12 70:6 11:14 11:23 35:25 71:1 employee [2] 84:14 728 84:15 73:4 74:9 employees [1] 59:1 75:23 empty [1] 54:25 52:7 end [31 23:5 28:11 82:18 51:16 ended [2] 6:13 7:7 52:13 engaging [11 42:5 entails [1] 82:22 40:17 Enterprises [31 20:13 21:22 23:5 79:21 entire U] 52:24 60:13 ER [1] 37:23 75:15 ESQUIRE [21 1:19 1:22 14:17 evaluation [1] 74:9 36:7 evening [i] 54:18 63:20 event [r) 45:7 29:12 ex-husband [i1 60:12 48:11 exact [1] 61:13 67:11 Exactly [1] 47:5 79:24 exactly [11 3:22 EXAMINATION [i] 4:6 3:11 11:25 example [2] 30:22 76:3 40:13 64:13 except [i] 3:5 Excuse [2] 7:22 84:9 68:24 excuse m 48:17 exhaustive [i1 30:23 Exhibit [1] 44:16 EXHIBITS [i1 2:10 Explain [i) 43:24 First (a) 25:15 65:23 71:12 first [17] 5:24 20:3 22:23 25:3 25:13 42:14 50:8 63:7 63:12 65:6 73:11 fish [il 81:13 fishing [il fit [2] 40:5 five [6] 9:16 13:9 34:8 77:14 fixed [i) 29:17 floor [1182:7 Flower[i) flowers [i) flu [11 27:21 focus [1) focused V] folks [2] 17:25 follow-up [4) 65:9 72:13 follows [1] foolish p) foregoing [1] forget [i1 forgot (2) 69:16 forgotten [1] form [i] 3:5 formal [2] 10:9 Forty-five [i1 forward (4) 40:7 55:16 four [3] 9:16 34:8 Franklin [2l 10:25 Freight [2] 13:22 freight [s] 16:16 16:19 67:15 frequent [i] Friday [2] 70:14 front [is] 47:10 48:13 49:14 49:16 49:20 49:20 49:24 50:1 51:24 51:25 52:12 52:15 frontwards [i] fuel [29] 13:10 43:14 43:21 44:20 45:1 45:4 45:9 46:23 47:14 48:20 49:2 56:7 56:16 58:18 58:20 37:4 59:2 59:11 59:21 62:14 62:20 63:2 14:25 fueled[] 57:16 24:23 fueling 151 42:20 29:10 43:1 43:6 43:11 51:13 56:23 63:20 full [21 5:10 7:11 80:9 Fulton [7) 7:19 33:10 33:11 37:21 81:19 65:8 65:10 73:8 40:7 fun [i] 77:22 12:17 functions [1) 40:14 77:2 -G- HUGHES, -F- face [21 55:16 59:3 facilities [31 34:10 61:7 67:21 facility [6] 13:7 33:17 34:2 34:9 37:13 37:18 fact pi 51:19 fall [431 6:25 27:23 30:24 31:4 31:5 31:20 31:24 32:20 33:16 33:22 35:3 35:5 38:4 38:5 38:8 38:12 38:15 39:16 42:13 42:15 48:24 49:1 49:1 49:16 53:19 54:2 55:8 55:9 57:6 57:8 57:19 61:19 61:22 62:17 62:20 68:17 68:25 71:11 72:18 73:15 77:22 78:19 83:3 fallen [s] 53:16 56:9 59:5 60:6 60:10 familiar [11 13:6 family [1] 27:8 far [31 4:11 4:15 25:11 fashion [i) 22:10 fees p] 30:6 feet [21 31:25 49:22 fell po) 19:19 31:6 48:23 50:1 53:4 53:15 54:8 55:10 57:9 61:16 field [1] 11:7 Fifty [il 8:8 figure [s] 21:9 24:11 41:7 42:3 53:12 66:2 73:9 77:9 file [11 31:7 filed [sl 29:22 30:3 30:4 36:10 74:21 filing [2] 3:4 30:6 fill [31 44:6 54:19 55:1 filling [3] 49:5 50:12 56:4 final [21 5:23 5:25 finally [1] 5:1 financially 111 84:15 finep] 68:3 finger[s] 41:19 finished V 56:4 FOLTZ & NATALE 717-540-0220/717-393-5101 78:16 78:21 35:16 21:13 19:15 27:3 74:13 3:9 44:22 84:7 77:4 18:8 74:16 8:23 60:22 39:22 66:4 20:22 10:23 11:16 15:4 65:2 14:19 70:13 47:9 49:12 49:18 49:23 50:2 52:4 55:15 13:19 43:25 45:4 45:13 48:6 52:21 5720 58:22 gallons [21 54:25 55:2 garage [i1 68:4 garden (i) 78:15 Gardening [1] 77:25 gardening [71 41:2 78:1 78:12 78:15 78:16 78:21 78:23 gardens [1] 78:17 gas [2] 47:4 57:20 General [1] 8:22 general [1] 81:8 Generally [2l 12:23 13:18 generally [sl 12:20 13:17 13:19 21:21 82:20 generic [1] 69:21 George [21 63:2 63:3 Georgia [l1 9:9 given [2] 75:3 84:17 glasses [i] 63:3 glove [I 1 71:19 goes [2) 76:25 77:2 gone [21 30:2 83:5 good [2142:12 72:12 graduate [i] 8:16 great [1140:9 grip [2) 47:3 80:25 Grossinger[i] 73:18 ground [al 3:21 41:11 51:16 55:13 56:10 56:23 57:10 58:10 Grove [i1 32:5 guess [4] 11:3 28:10 70:16 79:3 guy [4] 58:1 63:1 63:4 63:5 guys [1] 13:16 -H- H-o-1-1-o-w-a-y p) 5:17 habit [214:3 5:3 Hagerstown [1174:9 Index Page 3 Multi-Page TM Lifting - owned DEBRA HOLLOWAY Lifting [11 41:9 makes (21 29:21 51:15 15:4 19:22 32:24 74:17 lifting [1] 41:10 42:18 money [31 16:5 36:18 42:14 45:5 often (a] 14:21 18:24 light (2] 25:1 28:9 man [21 6:13 25:18 16:6 21:4 54:8 58:21 63:20 63:24 63:10 70:8 20:25 78:25 lighter p1 66:18 manager [4j 62:3 Mont p1 10:16 nights [11 14:19 Ohio [a] 14:1 21 32 16 8 14:3 likely [11 4:3 62:19 62:25 63:10 month [21 76:19 nods [1] 4:17 : : oil 1 14 51 line [a] 52:8 52:8 managers (1] 63:2 MARGOLIS [2] 79:3 months [31 15:12 None [z] 10:19 [ ] : old 23:23 52:13 53:1 1:14 1:21 17:18 27:20 10:20 28: :118 8 28:9 25 63:3 Lipitor [11 ? 69:21 mark (2] 44:13 51:11 Most (2167:10 77:12 norp1 60:5 on-line [21 9:24 list [1] 30:2 MARKED [1] 2:11 most (2] 76:15 78:21 NOTARY [1] 1:11 10:7 literally p1 52:24 marked [21 44:16 motion [11 55:8 Notary (2] 84:6 Once (2182:5 82:6 live p] 18:2 44:18 motioning p1 23:12 8422 once [6] 5:6 12:23 lived [1] 7:21 marriage [3] 6:12 motor (61 24:19 notebook [11 83:8 15:1 22:14 65:24 lives [1] 61:5 22:7 22:11 25:3 33:22 35:7 nothing [2] 59:12 79:3 living (9] 6:12 married [3] 22:4 36:5 36:6 78:21 One [9] 23:18 33:6 18:21 19:2 19:25 22:11 22:13 mouth [1] 77:9 Now [1s] 21:5 33:7 34:19 34:21 20:4 20:1 40:12 MAY 11 1:12 movement [2] 41:25 24:23 31:20 33:14 36:20 36:21 67:5 36:21 61:6 81:1 May [21 55:5 84:19 42:5 35:2 35:15 38:7 load [1] 14:3 45:23 47:13 48:14 one (as] 4:16 5:13 loading [2] 64:19 may [3] 3:22 4:5 movements [11] 52:19 56:22 64:23 7:25 10:22 12:25 65:2 43:13 40:9 40:10 40:11 77:17 78:22 19:18 21:25 24:23 Local [1] 12:2 McConnellsb urg (al 40:16 41:4 4 24 41:7 42 3 now (1614:11 5:20 24:24 24:25 32:24 33:9 37:5 37:19 41:12 1: : 18:23 20:1 20:4 33:6 33:16 33:25 local (a] 12:3 12:7 71:7 42:5 82:25 20:7 39:13 42:24 34:5 34:5 34:6 63:23 64:1 mean [51 12:7 moving [2] 42:9 42:25 46:13 56:9 36:2 36:18 36:20 location (3] 32:16 32:23 39:21 41:10 42:11 72:14 74:24 76:9 37:15 37:15 37:16 44:23 56:2 53:15 MRI [1] 73:25 78:10 82:15 38:12 38:15 43:15 lock [1] 47:2 meaning [1] 36:17 MRIs [1] 74:2 nozzle [s] 47:2 43:25 49:9 50:21 61:6 50:21 63:1 logical [3] 21:9 Medical (7] 33:9 MS (71 28:1 41:18 47:3 50:16 53:16 64:3 64:3 66:3 23:8 24:6 33:10 33:11 37:5 47:24 51:2 51:18 53:21 67:7 68:18 75:9 longer p] 10:24 37:21 65:8 71:7 53:6 83:14 Number [11 8:13 75:12 75:12 76:2 look (1] 46:1 medical [3] 63:13 number (3] 29:22 76:9 80:13 81:17 looked [1] 57:13 63:21 65:7 -N- 46:10 46:11 81:20 looking [51 23:8 medication p] 69:2 nail [1] 80:25 numbers [11 29:21 ones [3] 34:24 72:19 46:1 45:1 51:6 medications [3 ] 73:23 . nails [1] 80:24 77:1 4 69:4 69:8 69:17 -0- onto (11 42:19 . NAME 2 2 Looks p1 21:17 medicine [1] 69:18 [1] : O [11 open [4150:5 50:8 looks [11 46:4 medium (2] 66:18 5:10 name [161 5:16 2 22:12:16 :23 oath(1] 4 4:23 59:11 67:14 lots [11 7:6 76:9 22:23 23:19 24:1 oaths (1] 84:6 opened [11 47:14 Louise (11 5:11 Mellott (1) 24:2 26:23 27:15 30:7 objections (1] 3:5 opening (2) 64:24 love (1] 76:3 Memoryp] 32:17 46:11 58:22 62:4 72:21 59:2 74:20 obviously [11 47:11 65:3 operating p1 15:6 LOWENT 1:19 L [1] men (1] 22:13 mention [2] 7:23 named [1] 63:2 occasionally [1] operation (1] 19:8 Lower [21 26:7 61:14 narcotic [2] 68:22 12:21 opportunity (2] 66:15 28:24 mentioned [21 66:12 75:16 occasions (1] 62:18 66:18 lower is) 26:8 73:24 Nebraska [11 20:17 occurred p1 3:18 opposite [1] 57:3 26:11 29:2 56:11 middle [1] 43:21 neck [41 29:6 37:17 October [1s] 3:18 order [1119:17 77:15 midst [11 4:4 39:11 40:8 11:19 21:16 23:7 orientation [1] 17:24 LP [1] 1:5 might (al 17:22 need [s] 4:22 6:3 24:14 27:24 35:16 35:21 33:3 38:2 Orthopedics [1 ] lying [3156:22 57:10 23:9 24:9 50:21 8:3 43:12 53:11 38:8 39:16 68:25 65:13 58:9 mile (3] 18:11 18:12 57:14 77:5 80:5 73:12 83:4 otherwise [1] 21:14 67:19 needed (11 46:20 Off 3 28 13 37 9 outside 11 15 1 [ : : [3] : -M mileage [1] 46:10 needle [11 72:19 53:8 19:21 59:5 M (1] 1:19 miles (1] 28:12 neither [1] 60:5 off poi 5:12 5:14 oval [11 51:16 M-e-1-1-o-t- l [1] milligrams [1] 68:21 nerve 131 72:7 5:18 6:5 7:14 ovary [1] 34:12 24:3 Milroth [7] 27:5 72:24 73:20 28:8 28:11 28:14 over-the-road [3] ma'am[2] 4:20 27:8 27:12 27:17 never [a] 29:25 33:22 35:5 38:4 41:16 37:10 42:1 14:17 18:19 20:14 41:20 27:19 27:22 65:10 52:14 53:22 56:4 42:17 53:6 59:16 overcompensa ting (1] machine (1) 45:22 minut e [31 14:5 Newville [11 25:16 64:3 64:13 :24 75 83:1 mail (1] 6:21 50:21 next [12]21:10 45:11 offered [21 :15 66 overhead [11 41:12 main [2] 43:25 46:25 n minutes [1] 60:22 46:17 46:21 58:12 62:10 49:15 63:10 66:17 own [31 4:4 31:6 maintained[ ] 83:4 misstep (1] 38:4 68:6 71:8 71:10 offers [11 66:21 31:12 major [2] 70:21 mixed [11 49:2 72:16 office [s1 67:21 owned [2] 17:2 75:13 mixture (21 50:18 night [13] 12:8 68:6 68:10 74:3 18:1 Index Page 5 HUGHES, BRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101 Multi-Page`"` represented - suffering DEBRA HOLLOWAY 3:19 29:19 reserved [11 3:6 residence (1] 7:15 respective (1 3:3 responsibili ies [1] 64:18 rest [1l 49:2? restate [11 restroom (11 result [12] 26:15 27:5 29:15 30:1_` 35:19 36:1? 39:16 66:9 return (1] rib [1] 29:4 rig p1 48:1( Right (41 53:3 58:1; right [1o7] 4:1 5:8 7:13 8:5 18:23 19:11 19:25 21:5 23:4 28:5 30:18 32:1; 34:15 34:2( 36:3 37:7 38:15 39:2 39:13 39:15 40:5 40:6 41:8 41:1( 42:19 43:1 43:24 45:7 45:9 45:12 45:22 46:2 46:12 46:1', 48:7 48:1: 49:14 4925 50:22 50:24 51:9 52:6 52:19 53:1f 54:23 56:22 57:16 60:12 62:7 63:7 64:3 64:22 65:20 65:2_' 68:11 68:23 71:24 71:25 72:5 73:14 75:24 76:4 76:21 77:3 78:5 78:7 78:22 79:7 80:21 81:10 82:11 ROAD (1] Road[1]7:16 road [rl 6:21 34:21 42:20 60:14 60:21 Room (s] 33:17 33:24 37:12 room [3] 6:20 59:16 37:4 56:6 21:5 29:11 35:9 38:8 66:18 13:13 64:23 3:13 6:23 13:22 19:21 21:24 29:7 33:14 34:23 38:12 39:6 39:25 40:7 42:12 43:7 45:7 45:20 46:7 47:1 48:22 50:20 51:1 52:8 54:18 57:7 6121 63:17 65:16 68:6 70:25 72:1 74:24 76:5 78:3 78:14 79:13 82:1 1:14 34:11 42:23 26:24 34:2 58:15 route (1163:23 routes [1] 11:25 routinely [1l 78:14 RPR [2] 1:11 84:21 rubber[t] 54:15 rules [1] 3:21 run [1] 25:18 running [2] 12:16 47:3 RUSSELL (1] 1:1 Russell [12] 5:19 5:22 13:15 15:9 15:19 17:12 19:2 20:23 22:3 22:17 60:5 60:9 -S- S [1] 67:12 satellite [31 44:3 47:22 48:18 save (1] 54:7 saw [6] 27:19 57:12 70:6 70:11 72:8 73:11 says (1l 82:25 scheduled [41 66:3 70:20 72:14 74:25 school (4] 8:16 8:18 8:21 8:24 Scout [1] 7:16 Scranton [11 9:21 screaming [11 76:22 seal (2] 64:24 65:3 sealing [1] 3:4 Second [1] 46:16 second [1o] 5:13 6:3 14:16 25:9 28:5 30:14 48:13 49:4 51:4 66:3 secured (21 47:17 48:15 Security (21 8:13 74:21 See [1] 52:3 See [14] 18:4 27:5 47:23 50:21 50:23 52:14 54:4 57:8 57:11 70:13 70:20 71:15 73:3 82:6 seeing [11 63:20 seeking 111 63:21 sees [1] 58:9 send (1) 71:2 sense [1] 29:21 sent (7] 26:21 32:13 37:5 37:6 74:8 74:14 74:17 separate [2] 6:2 32:16 separately [1] 35:22 separation [2] 6:23 68:10 series [2] 21:10 64:2 serves (1] 32:17 Set [1] 35:21 set (3] 35:18 75:17 84:19 setting 111 34:1 settled [21 29:23 30:16 Seven [11 22:12 Sex [1] 79:5 sex (21 40:21 79:8 shakes [1] 4:17 sheet [1184:13 shoes (2] 54:10 79:3 shoots 111 82:25 shortage (1l 67:13 Shortest (1] 47:11 shoulder [17] 29:7 38:18 39:2 39:3 39:6 39:19 39:19 40:3 40:6 40:8 41:5 41:8 41:11 42:10 65:16 76:5 82:22 shoulders (1] 38:24 shovel (11 78:3 Show (s] 45:24 51:12 51:13 52:19 52:20 showing (1] 52:24 shown [11 51:19 sick [1] 34:25 side (29] 25:22 43:10 43:10 43:22 44:1 44:4 47:6 47:15 47:22 48:10 48:10 48:11 49:5 49:10 52:2 52:18 52:19 53:2 53:5 53:7 53:8 53:17 54:22 56:5 56:25 57:2 57:4 57:5 82:24 Sides [2143:9 43:14 sidewards (11 55:15 sign [11 58:20 signature [1] 58:23 signed [2] 30:5 58:24 signing (11 3:4 Simvastatin [1] 69:20 sit [2] 51:22 82:7 Sits [1] 67:11 Sitting [1] 42:8 sitting n] 28:9 39:13 42:11 43:20 68:6 72:14 74:24 six [31 27:20 32:13 32:14 size (1] 51:17 skillet 121 41:15 41:17 Skinned [1] 38:11 skinned (61 38:10 38:14 38:20 38:22 55:20 56:10 (21 40:19 40:24 slightly [1] 49:5 Slip [21 30:24 38:3 slow [1] 82:6 Slowly[1] 56:9 sneakers (2] 54:11 54:15 snow [1] 70:21 Social [21 8:13 74:21 soled (1] 54:16 someone (1] 61:24 sometime (1] 72:11 Sometimes (3] 19:1 77:7 82:12 sometimes [6] 70:25 77:6 77:14 77:15 77:15 77:16 sorry [19] 9:13 12:4 12:5 14:10 15:17 20:12 22:19 23:21 24:8 28:21 30:12 39:1 42:24 48:25 51:21 60:8 64:6 69:16 78:11 sort [1] 72:24 sought [31 63:8 63:13 65:6 sounds (1] 73:14 Sources (11 66:1 Space [2] 50:24 52:22 Sparkle (41 23:20 23:22 23:23 23:23 Sparkle's (1] 23:25 speak (4] 7:24 8:2 62:2 62:16 speaking [21 5:2 5:4 specific [s] 16:13 40:15 42:3 43:12 75:5 specifically [2] 41:8 42:6 specified [1] 84:12 Spell [1] 5:16 Spell [1122:21 spine (3] 28:20 28:22 28:23 spoke [21 62:19 63:9 sponge [1] 56:17 sponsored (1] 17:3 Sports [1] 81:14 square [1] 25:15 SRT (1s] 14:6 14:7 14:12 14:15 14:17 14:22 15:11 15:14 15:19 15:23 15:25 16:1 16:7 17:21 18:9 SS (1] 84:3 stand[1] 40:21 start (6] 4:21 19:9 46:25 48:20 51:24 67:25 started [s] 7:9 7:11 14:25 19:8 20:3 21:12 21:22 53:23 starts [1] 53:22 State [2110:14 10:18 state (1] 5:10 station [3] 42:21 43:1 47:4 stayed (1] 32:23 staying (11 36:17 stays [1] 77:6 steady [21 41:16 75:20 Steel [1] 54:11 stenographically (1] 84:10 STEPHEN [1] 1:22 stepped (11 7:24 steps (2] 30:25 38:4 steroidal [21 65:21 65:22 Steve [1] 3:15 Still [71 12:6 27:12 27:13 27:16 59:21 61:9 82:2 stipulated [11 3:2 STIPULATION (1] 3:1 Stop [1] 45:11 stop [4] 45:15 47:8 50:14 60:6 stopped 111 62:14 STOPPING [1] 1:4 Stopping (s] 3:16 7:1 13:3 59:2 62:8 stops (2118:12 64:2 store [7] 56:24 57:3 58:9 58:16 59:15 60:10 64:]4 store/convenience [1] 56:24 storms [1] 70:21 stove [11 41:15 straight [3] 25:19 25:20 48:6 strictly 111 64:8 study (s] 8:20 10:1 10:3 72:25 73:20 stuff [9] 6:20 18:12 37:17 54:13 62:22 69:7 78:4 80:24 83:6 Stunned (4] 26:3 26:5 28:20 28:22 Such (1] 84:15 sucked [2] 56:16 56:17 suffering [11 29:18 HUGHES, , FOLTZ & NATALE 717-540-0220/717-393-5101 Index Page 7 Multi-Page Tm white - zero DEBRA HOLLOWAY white p1 69:23 whole (41 30:21 44:13 75:6 76:1 wife [11 6:13 wish (11 24:6 within (11 84:6 Without (11 79:18 without [11 68:14 WITNESS ( 1 6:7 6:12 41:2 51:21 84:19 witness (31 3:8 84:9 84:11 1 WITNESSE S (11 2:1 woke (11 83:9 word [1132:2 words [11 77:8 worked [111 10:20 11:4 11:7 11:16 13:9 13:2 14:2 16:18 19:2 62:12 65:1 workers' [61 21:6 21:19 24:1 31:11 36:1 66:1 works [11 76:21 world [21 75:6 76:2 worry (11 75:19 worst [41 38:12 38:15 76:1 76:16 written (11 17:11 wrong [2] 64:4 71:22 yard [s] 59:1 59:14 60:17 60:2 63:9 year [is] 6:14 6:18 8:18 10:6 11:24 13:2 17:1 17:17 21:22 31:1 32:19 32:24 35:2 70:19 73:15 Years (11 78:18 years [lot 9:3 18:18 20:2 21:17 23:7 25:1 28:6 35:24 36:2 63:3 yet [4] 19:8 19:9 30:2 53:1 Young [11 63:5 young [11 63:4 yourself [2] 55:17 82:14 -Z zero (1] 76:1 Index Page 9 HUGHES, BRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101 `ias IN We y ? i ?c eS4. 01 i !' 4 C-1 pv STEPH N L. BANKO, JR., ESQUIRE Pa. Su reme Court I. D. No. 41727 MARG LIS EDELSTEIN 3510 T ndle Road Camp ill, PA 17011 Teleph ne: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko abmargolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUS ELL, w/h, DOCKET NO. 08-2725 Plaintiffs CIVIL ACTION - LAW V. STOPPING CENTERS, L.P., JURY TRIAL DEMANDED Defendant PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. No. 4014, you are required within thirty (30) days after service of this Request to serve answers, under oath, to the within Requests for Admission otherwise the Requests shall be deemed to be admitted. 1. In paragraph 6 of Plaintiff's Complaint, it is alleged that Plaintiff, Debra Russell ("Plaintiff'), fell on a slippery surface which slipperiness was caused by the of a combination of diesel fuel and water. Admit that Plaintiff has no evidence as to *ho placed the diesel and/or water on the ground where she contends she fell. Admit Deny : To the extent that your response to the foregoing Request for Admission is anything but an unqualified "admit", set forth all facts to support such denial. Request for Production of Documents: To the extent that your Answer to the foregoing Interr gatory includes reference to or is supported by any document please attach to your Response any document which supports your Answer to the foregoing Interrogatory. 2. Plaintiff has no evidence as to how long the water and/or diesel fuel was on the ground, in the area where she contends she fell, prior to the fall. Admit Deny Interrogatory: To the extent that your response to the foregoing Request for Admission is anydhing but an unqualified "admit", set forth all facts to support such denial. -2- Requ?st for Production of Documents: To the extent that your Answer to the foregoing Interr gatory includes reference to or is supported by any document please attach to your Resp nse any document which supports your Answer to the foregoing Interrogatory. 3. Attached hereto as Exhibit A is a true and correct copy of Plaintiffs verified to Interrogatories propounded by Defendant. Admit Deny 4. In Plaintiffs Answer to Interrogatory No. 11 (as attached hereto as Exhibit A) states that Defendant had actual notice and/or could reasonably charged with in sufficient time to have taken measures to protect against the "condition" whi-C Plaintiff defines as a combination of diesel fuel and water. Admit that Plaintiff has no ce that Defendant had actual notice of the diesel fuel and/or water combination which contends was present and caused her alleged fall. Admit Deny Interrogatory: To the extent that your response to the foregoing Request for is anything but an unqualified "admit", set forth all facts to support such denial. -3- Request for Production of Documents: To the extent that your Answer to the foregoing interrogatory includes reference to or is supported by any document please to your Response any document which supports your Answer to the foregoing 5. Plaintiff has no evidence that Defendant knew about the alleged dangerous condition which Plaintiff defines as a combination of diesel fuel and water at any time prior to the time of her alleged fall. Admit Deny Interrogatory: To the extent that your Response to the foregoing Request for Admission is anything but an unqualified "admit", set forth all facts to support such denial. ?equest for Production of Documents: To the extent that your Answer to the Interrogatory includes reference to or is supported by any document please attach Ito your Response any document which supports your Answer to the foregoing Inte -4- 6. Plaintiff has no evidence as to who caused the diesel fuel and/or water combination to be on the ground at the time and place where Plaintiff contends she fell. Admit Deny Interrogatory: To the extent that your Response to the foregoing Request for Admission is anything but an unqualified "admit", set forth all facts to support such denial. Request for Production of Documents: To the extent that your Answer to the forego ng Interrogatory includes reference to or is supported by any document please attach to your Response any document which supports your Answer to the foregoing Interro[aatorv. Plaintiff has no evidence as to how long the diesel fuel and/or water which she contends was present and which caused her fall was so present prior to the time of her alleged fall. Admit Deny -5- nterrogatory: To the extent that your Response to the foregoing Request for Adm on is anything but an unqualified "admit", set forth all facts to support such denial. Request for Production of Documents: To the extent that your Answer to the Interrogatory includes reference to or is supported by any document please attach to your Response any document which supports your Answer to the foregoing EDELSTEIN Date: By: St eh 11 Banko, Jr. Cou sel f r Defendant, Petr Stopping Centers, LP -6- CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing on all couns I of record by placing the same in the United States mail at Camp Hill, Penns Ivania, first-class postage prepaid, on the 4,h day of Ahcj?- 2011, addressed as follows: Regina M. Vogelsong, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 (Counsel for Plaintiffs) 601n & Angela . Gayman, Secr t ry -7- EXHIBIT A LO ENTHAL & ABRAMS, P.C. By: Dennis M. Abrams, Esquire Attorney Identification No. 40184 Richard J. Zemble, Esquire Att ey Identification No. 90795 555 City Line Avenue, Suite 500 Bala Cynwyd, PA 19004 (61 667-7511 LA • Attorneys for Plaintiffs RUSSELL and NCE RUSSELL, w/h v. STOPPING CENTERS, L.P. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-2725 PLAINTIFFS' RESPONSE TO DEFENDANT'S INTERROGATORIES Please identify yourself and state your date and place of birth, your marital status at the time of the incident which forms the basis of this action, your present social security, number, Medicare and/or Medicaid numbers, your Blue Cross and Blue Shield group number and agreement number and, if you were ever in the Armed Forces, please state the dates, the branch of service, your rank at discharge, whether you had any infirmities at discharge, whether you have any claim or are receiving benefits for any infirmities from said service, your Identification service number and your Veterans "C" number. Deb Louise Russell DOB 1/20/59 Place f Birth: Lewistown, PA SSN 189-52-1897 Insu oe was with Local 1964 I.L.A. AFL-CIO 11 T neck Road Ridgefield Park, NJ 07660 (cancelled by union after injury) Work rs' Comp PC Claim Workers' Compensation 0 • 112.7th Street Ch bersbure, PA 17201 Franklin County Heart Center 755 Orland Avenue Ch bersbur¢. PA 17201 McC nnellsburg Medical Center 214 each Orchard Road McC nnellsburg, PA 17233 8. State the names and addresses of all medical facilities in which you have been confined or through which you have received outpatient treatment as a result of your injuries, the dates of each such confinement or treatment, the general nature of the treatment in each, the charges for same, and the amount that has been paid. See medical records 9. State the names and addresses of all medical personnel who have rendered treatment or service to you because of the injuries referred to in your answers to Interrogatories Nos. b and 7, the dates of such treatment or service, where such treatment or service was rendered, the general nature of each treatment or service, the charges for each treatment or service, and the amount that has been paid as to each. See medical records 10. Identify all medical personnel who were consulted by you in connection with the incident upon which this action is based or the injuries you claim to have resulted from said incident, and state, when, where and for what purpose each such person was consulted See medical records 11. State your contentions as to the liability of each defendant as well as the specific facts known to you upon which you base each claim of negligence alleged in this action. A liability of negligence. A dangerous condition existed upon and/or within the property of Defendant, which condition created a reasonably foreseeable risk of the kind of injury Plaintiff sustai ed and of which condition Defendant had actual notice and/or could reasonably be chars with notice in sufficient time to have taken measures to protect against the condition. In otb? words, there was a dangerous combination of diesel fuel and water which created a very slippeFy surface, and caused me to fall and get hurt. Shi sburg University 1998, 15 credits, went back to work ICS private investigator diploma, 1998 - completed Professional Career Development - paralegal - 1993-1996 diplomas and honors Axia University of Phoenix - still 36 credits, still attending online, one class only at a time. 34. Prior to the occurrences alleged in Plaintiffs Complaint, did any person, including but not limited to the Plaintiff or Defendant, observe the alleged defect or defective condition? Lori Jimmerman, James Holloway, Donny Hall 35 If the answer to the preceding interrogatory is in the affirmative, please identify such person and state: a. When such person first observed or had notice of the defective condition or situation giving the date and time; and b. All actions taken by such person at the time of such notice or observation to correct, remedy or notify Defendant of such alleged defective condition or situation. LOWENTHAL & ABRAMS, P.C. BY: y RICHARD 1. ZEMBLE, ESQUIRE 10 VERIFICATION I, Debra Russell, hereby verify that I am a plaintiff in the foregoing action and that the facts ?et forth in the foregoing are true and correct to the best of my knowledge; information and and these statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to falsification to authorities. DEBRA RUSSELL 6 ?X? ??? LO ENTHAL & ABRAMS, P.C. By: Regina M. Vogelsong, Esquire Identification No: 57673 555 City Line Avenue, Suite 500 Bal Cynwyd, PA 19004-1105 (61 ) 667-7511 RUSSELL and NCE RUSSELL, w/h LAI V. Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-2725 RO STOPPING CENTERS, L.P. that PLAINTIFF'S RESPONSE TO DEFENDANT'S QUESTS FOR ADMISSION, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Denied. Defendant's Assistant General Manager, David Johnson, testified 's truck customers use the water hoses provided by Defendant for a variety of ings including hosing off their trucks, cleaning their windshields and headlights and filli g dog bowls. No other vehicles but Defendant's truck customers are permitted in that to both fuel their trucks and use the water provided by Defendant. See Johnson's deposition testimony pages 22-25. fuel 2. Denied. Plaintiff knows that there were no trucks fueling in the subject for a sufficient time before Plaintiff pulled in that Defendant could have the dangerous condition, blocked access to that fuel lane and/or warned of the dangerous condition. 3. Admitted. 4. Denied. Defendant's janitor-employee was present in the area of the spill and Jooked at the fuel lane as he walked past it and failed to do anything to correct the condition that existed or to block access to that fuel lane or to warn Plaintiff of the dangerous condition. 5. Denied. In addition to the actual knowledge Defendant had of the tion when Defendant's janitor-employee walked past it (see Plaintiff's Response to #4), Defendant had constructive knowledge of the dangerous condition in that Defendant Assistant General Manager, David Johnson, testified that he knew that spill fuel in that area and use water hoses and squeegees all around that area. knew that these spills created a slip and fall hazard and that therefore there was a ked need for Defendant employees to monitor the condition around the fuel Furthermore, Defendant-cashiers had a full view of the subject from the windows inside the building. Defendant's janitor-employee on duty that had the specific duty to monitor the subject area and to clean up spills in that area by sing the Petro Sorb kept in the janitorial closet right by the pumps. See Johnson's deposition testimony pages 12-16, 19-20, 22-31, 35, 41-42, , 59-60, 74-76, 80 and 83 as well as Exhibits identified as Johnson 2, Johnson 6 and 7. 6. Denied. See Plaintiff's response to Interrogatory #1 with referenced 7. Denied. See Plaintiff's response to Interrogatory #2. LOWfNTHAL & ABRAMS, P.C. By: ?,w vi? ?N f G A . VOCE ONG S UIRE Attorney For Plaintiffs VERIFICATION I, De facts set nission, i :rate to t .ment is ification Russell, hereby verify that I am a plaintiff in the within pleading and in the foregoing Plaintiff's Answers To Defendants' Request For and Request For Production of Documents are true and best of my knowledge, information and belief. I understand that this subject to the penalties of 18 P.C.S.A. §4904, relating to unsworn authorities. Debra Russell From:Lowenthaf & Abrams 610+667+3440 04/01/2011 13:13 #159 P.006/034 CONDENSED COPY 1 . IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA 2 DEBRA RUSSELL and 3 LAWRENCE RUSSELL, w/h 577 Boy Scout Drive 4 ustontown, PA 17229 Plaintiffs, 5 TERM, 2008 -vs- NO. 08-2725 6 ETRO STOPPING CENTERS, 7 LP 201 Harrisburg Pike 8 Carlisle, PA 17013, Defendant. 9 10 Friday, February 27, 2009 11 12 Oral deposition of DAVID JOHNSON, held at 13 RGOLIS EDELSTEIN, 3510 Trindle Road, Camp Hill, 14 Pennsylvania, commencing at 10:00 a.m., on the above 15 date, before Denise L. Travis, Court Reporter and Notary 16 Public in the Commonwealth of Pennsylvania. 17 18 19 20 21 22 23 LOVE COURT REPORTING, INC. 1500 Market Street 24 12th Floor, East Tower Philadelphia, Pennsylvania 19102 25 (215) 568-5599 From:Lowenthai' & Abrams 610+667+3440 04/01/2011 13:14 #159 P.007/034 David Johnson Pap 2 PaB Page 4 I APPEARANCES: 1 INDEX 2 2 3 LOWENTHAL & ABRAMS, P.C. 3 WITNESS: PAGE 4 BY: DIANA P. SISUM, ESQUIRE r 555 City Avenue 4 DAVID JOHNSON Suite 500 5 5 Bala Cynwyd, PA 19004 6 EXAMINATION (610) 667-7511 7 By Ms. Sisum 5 6 Representing the Plaintiffs 8 EXAMINATION ' 8 MARGOLIS EDELSTEIN 9 By Mr. Banko 82 10 BY: STEPHEN L. BANKO, ESQUIRE 11 9 3510 Trindle Road Camp Hill, PA 17011 12 EXHIBITS 10 (717) 975-8114 13 NO. DESCRIPTION PAGE Representing the Defendant 14 Johnson 1 Customer Incident I I 15 Investigation Report 48 12 13 16 Johnson 2 Fax, 10/19/06, Johnson to 17 Stuart 50 15 18 Johnson 3 General Liability Incident 16 Report 57 17 19 Johnson 4 Statement 61 18 20 Johnson 5 Handwritten Note 71 19 21 Johnson 6 General Liability Incident 20 21 22 Report 74 23 Johnson 7 Customer Incident 23 Investigation Report 74 24 24 Johnson 8 Memorandum, 8/12/08, 25 25 Brenneman to Banko 79 age Page S 1 DEPOSITION SUPPORT INDEX 1 --- 2 2 PROCEEDINGS 3 3 --- 4 DIRECTIONS NOT TO ANSWER: 4 STIPULATION OF COUNSEL 5 PAGES: None. 5 --- 6 6 (It is stipulated by and between 7 7 counsel for the respective parties that the 8 8 reading, signing, sealing, certification, and 9 9 filing are waived, and that all objections, 10 QUESTS FOR DOCUMENT'S OR INFORMATION: 10 except as to the font of the question, are 11 AGES: None. 11 reserved to the time of trial.) 12 12 --- 13 13 DAVID JOHNSON, having been duly 14 14 sworn, was examined and testified as follows: 15 15 --- 16 TIPULA71ONS AND/OR STATEMENTS: 16 EXAMINATION 17 AGES: 5 17 --- 18 18 BY MS. SISUM: 19 19 Q Good morning, Mr. Johnson. 20 20 A Good morning. 21 21 Q We met a little earlier in the 22 MARKED QUESTIONS: 22 lobby. Again, my name is Diana Sisum. I 23 AGES: None. 23 represent the plaintiffs in this matter who are 24 24 Debra Russell and Lawrence Russell. They've 25 25 brought a lawsuit against the Petro Stopping 2 (Pages 2 to 5) Love Court Reporting, Inc. From:Lowenthal'& Abrams 610+667+3440 04/01/2011 13:14 #159 P.008/034 David Johnson 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 I 1 Center. It's my understanding that you were a 2 manager or possibly still are a manager there. 3 And we're here for a deposition. 4 Have you ever been to a deposition 5 before? A Not like this, no. Q Okay. Let me just give you a little idea of what I'm going to do today and some of the instructions we would like you to follow. You can see there's a court reporter here, and she is taking down everything that is being said today. A Sure. Q So we ask that you speak your answers obviously rather than nodding your head, shrugging your shoulders, that sort of thing. A Okay. Q She can't interpret those. She has to write down whatever you actually say. A Okay. Q We also ask that you try not to use things like uh-huh, uh-uh. Although I may know what you mean, on paper when you mean uh-huh meaning yes, it may look like a no. A Sure. Page 7 Q And it's hard to interpret So we want to make sure that your response is clear on the record. Really important today is for you to make sure that you allow we to finish my question before you begin your answers for a few reasons, first of which is so that the court reporter can take down the whole question and then your answer. A Right. Q But also and more importantly, it's to make sure that you hear and understand my question before you begin your answer. In normal conversation, people-tend to interrupt one another and anticipate what the next question is. And although you may know what the next question is, maybe at the end I'll change it up a little bit or I may be a little more specific than you anticipate. So I do want to make sure you understand the question. If for whatever reason you don't understand it, you don't hear nu, you know, you just need me to repeat it for whatever reason, let me know that I can certainly repeat it, I can rephrase it, whatever it is that you need to Page 8 1 understand the question. 2 A Sure. 3 Q If you do respond, it's going to be 4 assumed that you heard the question, you 5 understood it, and your response is to that 6 question. 7 If for whatever reason you just 8 don't remember something, you just don't know, 9 that's perfectly fine. You can tell me you don't 10 know, you don't remember. I don't want you to 11 guess at all. Obviously, that doesn't help 12 either side here. 13 A Right. 14 Q We're just trying to put the pieces 15 of the puzzle together as best we can. 16 A Gotcha. 17 Q Since you're a sort of witness to 18 this incident, you know, we want to make sure we 19 get whatever information that you know based on 20 the questions that I ask you here today. 21 A Okay. 22 Q Again, if there's anything else you 23 need, if you need to get a drink, get up, use the 24 facilities, just stretch, that's fine. I'm not 25 going to keep you here all day or anything. But, Page 9 1 you know, anytime you need a break, just let us 2 know, and we'll accommodate you. 3 A Okay. 4 Q Is there any reason today why you 5 wouldn 't be able to hear, understand my 6 questions, or respond because, you know, you're 7 too tired, you're on medication, anything like 8 that? 9 A Nope. 10 Q Can you tell me your full name? 11 A David A. Johnson. 12 Q And what does A stand for? 13 A Allen. 14 Q And how do you spell that? 15 A A-1-14-n. 16 Q Mr. Johnson, how old are you today? 17 A Twenty-four. 18 Q What is your date of birth? 19 A January 6th, 1985. 20 Q And where do you currently live? 21 A I live in Mechanicsburg, 22 Pennsylvania. 23 Q And what is your address In 24 Mechanicsburg? 25 A 907 Scottish Court. And the zip 3 (Pages 6 to 9) Love Court Reporting, Inc. From:Lowenthal'& Abrams 610+667+3440 04/01/2011 13:14 #159 P.009/034 David Johnson Page 10 1 code is 17050. - 1 2 1 Q And how long have you lived there? 2 3 j A I've lived there since November. 3 4 Q And where did you live prior to 4 5 that? 5 6 A I lived at 110 Winchester Gardens in 6 7 Carlisle.. 7 8 Q And is there an apartment number? 8 9 A No. 9 10 Q How long did you live at the 10 11 Winchester Gardens address? 11 12 A Almost three years. 12 13 Q And are you married? 13 14 A No. 14 15 Q Do you have any children? 15 16 A No, ma'am. 16 17 Q Can you tell me what your highest 17 18 level of education is? 18 19 A High school. 19 20 Q And where did you go? 20 21 A Richmond High School. 21 22 Q And where is that? 22 23 A Richmond, Indiana. 23 24 Q And did you grow up in Indiana? 24 25 A Yes, ma'am. 25 Page I I 1 Q Have you had any further training 1 2 beyond high school such as vocational training or 2 3 any kind of certificate program, anything like 3 4 that? 4 5 A No, ma'am. 5 6 Q Do you have any kind of professional 6 7 licenses? 7 8 A No. 8 9 Q Who do you currently work for? 9 10 A Travel Centers of America. 10 11 Q And how long have you worked for 11 12 Travel Centers of America? 12 13 A rve worked there since they took 13 14 over in 2007. It was previously Petro Stopping 14 15 Centers. 15 16 Q Are you still working - or which 16 17 Petro Stopping Center are you working at? 17 18 A Carlisle. 18 19 Q And how long have you worked at that 19 20 particular Petro Stopping Center? 20 21 A Since 2006. 21 22 Q And before 2006, did you work for a 22 23 different Petro Stopping Center? 23 24 A Yes, ma'am. 24 25 Q Which one is that? 25 Page 12 A New Paris, Ohio. Q Where was that? A New Paris, Ohio. Q And how long were you working there? A 2004. Q So 2004 to 2006? A Um-hum. MIL BANKO: Yes? THE WITNESS: Yes. MS. SISUM: Thank you. THE WITNESS: I'm sorry. MS. SISUM: Sometimes even I forget. BY MS. SISUM: Q Before the New Paris, Ohio, did you work for Petro Stopping Center anywhere else? A No, ma'am. Q So total for Petro Stopping Centers, or whoever owned it, you've been working for that company or organization since 2004 to the present? A Correct. Q And has your position always been the same? A Since I've moved to Pennsylvania, Yes. Page 13 Q Okay. So what is your current position? A Associate general manager. Q Did you have a different position when you were at the Ohio Petro Stopping Center? A I was a team leader. Q Tell me what you -- what your duties are as an associate general manager. A I cover dead spots. I cashier over breaks. I do employee oounselings. I do schedules, flip burgers. Basically anything that needs done, I have to do it. Q And do you report to anyone? A I report to my general manager. Q And is the general manager usually someone that's on site? A No. Q Are you, for lack of a better term, basically in charge while you're on site? A Correct. Q And how many employees do you oversee? A On my shift, there's six or seven. Q So do you only oversee the employees that are on your particular shift? 4 (Pages 10 to 13) Love Court Reporting, Inc. From:Lowenthal & Abrams 610+667+3440 0410112011 13:14 #159 P.010/034 David Johnson Page 14 1 A Yes. 1 2 Q Are there other associate general 2 3 1 managers? 3 4 A No. 4 5 Q Who oversees the employees when - 5 6 that are not working your shift? 6 7 A The general manager when he's there. 7 8 Q What other positions do employees 8 9 hold other than obviously yourself? You said 9 10 you're the associate general manager. What kind 10 I 1 of employees are you overseeing, in other words? 11 12 A Cashiers, janitors, maintenance 12 13 people. 13 14 MR BANKO: Can we go off the 14 15 record? 15 16 (Discussion held off the record.) 16 17 BY MS. SISUM: 17 18 Q In terms of the people that you 18 19 oversee, are these - are you only in charge of a 19 20 certain area of the Petro Stopping Center? 20 21 A Yes. I'm in charge of the fuel 21 22 island. 22 23 Q And do the other areas have their 23 24 own associate general managers? 24 25 A Something to that nature, yes. 25 Page 15 1 Q Okay. So when you say you're in 1 2 charge of the fuel Island, what does that consist 2 3 or 3 4 A It consists of the fuel pumps. And 4 5 I have a little convenience store area, and I 5 6 also have a deli. 6 7 Q What duties, if any, do you have 7 8 with regard to the fuel pump area? g 9 A Could you repeat that? 9 10 Q Sure. You said part of your - what 10 11 you oversee b the fuel pumps. Is that correct? 11 12 A Yes. 12 13 Q And in terms of that, what Is it 13 14 that - what employees do you have that you 14 15 oversee with respect to the fuel pumps? 15 16 A Fuel desk cashiers. And they're 16 17 responsible for turning on the pumps, taking 17 18 payment for diesel. 18 19 Q Do you have any employees who 19 20 perform maintenance in and around the pump area? 20 21 A Yes, the janitors. 21 22 Q Any other employees who work in and 22 23 around the pump area? 23 24 A I myself do. 24 25 Q You mentioned cashiers. Are they 25 Page 16 located by the pumps, or are they inside a store? A They're inside the store. There's a cashier on either side of the building. You have Pumps l through 6 on the one side of the building, 7 through 12 on another. And there's a cashier at both sides. Q So there's 12 pumps all together? A Yes, ma'am. Q And are there any employees who specifically work at the pumps either assisting customers, anything like that? A No, ma'am. Q Is this purely self-service? A Yes. Q So there's no full-service pumps? A No. Q Do the cashiers have a view of the pump area? A Yes, until a truck pulls up beside the building after they fuel. Q Do you mean if a truck pulls up, it's blocking their view? Is that what you mean? A Yes. Q So there's a window for the cashiers to look out onto the pump area? Page 17 A Yes. Q If there are no trucks, they can see all the pumps. Is that what you're - A Yes, ma'am. Q Have you ever been convicted of a crime? A No. Q And I don't mean to startle you with that question. I ask that of all witnesses. Sorry. A Traffic tickets. Q I should have told you that. I should have qualified that. People look at you like why. Okay. So just so I can get a clear understanding - and I'm fairly certain I do. But you mentioned that there's a convenience store and then there's the 12 fuel pumps. Correct? A Right. Q And is that the area that you oversee? A Correct. Q How far away from the fuel pumps is the store itself, if you can approximate? 5 (Pages 14 to 17) Love Court Reporting, Inc. From:Lowenthali & Abrams 610+667+3440 04/01/2011 13:14 #159 P.011/034 David Johnson 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 A I'm uncertain. I don't know. Q You mentioned that there is - there's some maintenance people or janitorial people, I believe, that would work by the fuel pump area. These janitorial or maintenance people, are they exclusively working by the pumps or are they for the whole property? A It's for the whole profit center. Q The whole? A Profit center for the fuel island. Q What do you mean when you say "profit center"? A That`s how we break it down. We have travel store, restaurant, fuel island, shop. Those are profit centers. And each profit center has their own employees. Q So when you say "profit center," is the fuel pump area considered a profit center? A The fuel island is a profit center, yes. Q Fuel island. You would refer to it as a fuel island? A Uh-huh. Q And the fuel island, does that only Page 20 1 what do you refer to -- 2 A It's both. It's kind of like a 3 50/50 thing. 4 Q Okay. And these maintenance 5 people - we'll refer to them as maintenance 6 people. 7 These maintenance people, do they - 8 where are they stationed, if anywhere? 9 A They just -- they float in the 10 building, because if somebody spills something on I 1 the floor, you know, they clean that up. 12 Q Do they have any kind of 13 workstations or areas right by the fuel pumps 14 where they keep their materials for maintenance? 15 A Um-hum. Theresa janitorial closet 16 where we keep the boom socks, you know, the 17 PetroSorb, stuff like that, and -- i 8 Q Go ahead. 19 A And extra, you know, pieces, parts, 20 and breakaways, hoses, nozzles, stuff like that 21 that they would need to keep a pump operational. 22 Q 1 think before you said something 23 about PetroSorb; but before that, you said - 24 A Boom socks. 25 Q What is that? ? l j 2 3 4 5 6 7 8 9 10 11 12 13 14 '15 16 17 18 19 20 21 22 23 24 25 Page 19 include the pumps or does that also include the store? A It's the store as well. My part of the convenience store, not the main building's travel store. Q So the convenience store and the pumps are considered the fuel island.? A Um-hum. Yes, ma'am. Q And so the convenience store and the pumps have - or the fuel island has its own maintenance staff? A Correct. Q And what do the maintenance staff - what are their duties with regard to the fuel island? A They change the trash at the pumps. They clean up any fuel spills at the pumps. And then they just generally -- if somebody has a problem turning a pump on, I send them out to help them in case -- because they have more of a knowledge of, you know, a pulsar gear is broke or if it needs a new breakaway or nozzle, stuff like that. Q And where are the - are they maintenance people, or are they janitorial? What Page 21 1 A It's a big tube that you can put 2 down to stop the flow of any diesel or fluid or 3 whatever is leaking. 4 Q And where would you put that 5 specifically? 6 A Around the perimeter of a major 7 spill like 25 gallons or more. 8 Q And can you repeat again what that's 9 called? 10 A Boom'sock. 11 Q Oh, s-o-g? 12 A S-o-c-k. 13 Q Oh, sock. Like actual sock? 14 A Right. 15 Q Okay. And is that used in 16 conjunction with the PetroSorb? 17 A No. The boom sock is only used if IS it's a major spill. The PetroSorb is used if, 19 you know, it's just a little piddle. 20 Q What Is PetroSorb? 21 A It's like kitty litter. 22 Q Is this something that is made by 23 Petro Stopping Centers? 24 A No. 25 Q They just call it that? 6 (Pages 18 to 21) Love Court Reporting, Inc. From:Lowenthal' & Abrams 610+667+3440 David Johnson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 A Yeah, for petroleum. Q And so there's no full-serve facility at the stopping center? A No, ma'am. Q Besides the actual gas pumps, what else is located around the gas pump area -- or fuel pump area? MR BANKO: There are no gas pumps 1 that? 2 3 4 5 6 7 there. 9 MS. SISUM: I should call it fuel 110 pumps. THE WITNESS: There's, you know, trash cans, water hoses for windshields or headlights, whatever, fill up your radiator. BY MS. SISUM: Q And where are the water hoses with regards to the fuel pumps? A If you know how it's laid out, there's a fuel pump. And then at every other fuel pump, there's a tower. It's designed for water and air, but we don't have air. So it's just water. Q And do you have any idea as to how long the hoses are that are used? Page 23 A No. They're long enough to go from -- because it shares two pumps, because that's -- you know, every other pump has one, and it has to cover all of the pumps. So it's long enough to reach one side or the other. Q And so the reason that they're there is either to fill up water reservoirs in a truck or clean off windshields, things like that? A It's a convenience to the customer, whatever they need it for. People use it to put water in their dog bowl for their dog to drink. I've had some pretty strange requests. MS. SISUM: Off the record. (Discussion held off the record.) BY MS. SISUM: Q With regard to the hose itself; is it like the type of hose you would -- like a garden hose with a nozzle, that sort of thing? A No. It's got a nipple on it where it only turns on where you push down on it, and then it turns on. Q And do you have any other liquids by the fuel pump area? A No. Q No cleaning solutions, things like 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 04/01/2011 13:15 #159 P.012/034 Page 24 A No. It would get stolen too easy. Q These fuel pumps, is this purely an area where trucks come in, or do any other types of vehicles come in? A Just trucks. It's a closed lot for truck drivers only. Q When you say "it's a closed lot," what does that mean? A We don't allow four-wheel traffic back there as a convenience to the driven. Q Other than pumping their fuel, maybe using the water hoses for their windshields, is there anything else that the truck drivers do by the gas pumps or fuel pumps? A They clean their windows with the squeegees that are out there. Q So you have squeegees out there? A Yes, if they're not broken or stolen. Q You must have to keep a big supply of those on hand? A Oh, yes. Q Do you see some of the truck drivers hosing off their trucks by the pumps? Page 25 A Sometimes. I stop them, because they're supposed to take that to the truck wash that we have on site. Q So something is usually said to someone if you happen to notice them doing that? A Oh, yes. Q But they're allowed to wash up their windows by the pump area? A Correct. Q Do you ever see paddles of water on the ground from the water hoses that are by the fuel pumps? A No. Q So when the truck drivers wash off their windows, the water doesn't spill onto the ground? A If you were to pull into the pump, the concrete goes down into a drain. So if there's any water like from them doing that, down into the drain into an oil-water separator. Q So you don't see, like, puddles or accumulation of water? A No. Q But water does run down the concrete area? 7 (Pages 22 to 25) Love Court Reporting, Inc. From:Lowenthal' & Abrams 610+667+3440 0410112011 13:15 #159 P.013/034 David Johnson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 -18 19 20 21 22 23 24 25 Page 26 A Correct. Q I should step back What kind of material is on the ground? Is it concrete, or is it blacktop? A It's concrete. Q What kind of fuel is at the pumps? A Ultra-low sulfur diesel. Q What is it called? A Ultra-low sulfur diesel. Q Ultra low? A Sulfur. Q Sulfur diesel? A Um-hum. Q Is that the only kind of fuel you have there? A Yes. It's all were allowed to sell. I think in 2006 we were still selling low sulfur diesel. Q Low sulfur diesel as opposed to ultra low? A Yes. It was a federal thing that we had to be in compliance with. Q So you seem to have an understanding that this accident happened back in 2006? A Yes. Page 28 1 A No. It's about once a week. Truck 2 drivers are pretty knowledgeable about when they 3 need to turn the pump off. 4 Q Do the truck drivers ever hook in 5 the hose and then walk away from their trucks? 6 A Togo to - sometimes. 7 Q Is that something that is allowed? 8 A Not really, because we have signage 9 that says you must stay with your truck while 10 fueling. 11 Q Have you ever seen fuel spilling out 12 of a truck? 13 A Yes. 14 Q And how often would you see 15 something like that, if you can approximate? 16 A Twice a year. 17 Q Have you ever seen fuel spill out of 18 a hose whether the truck driver is putting the 19 hose into the truck or taking it out? 20 A No. 21 Q So the hose or the nozzle of the 22 gas - of the fuel pumps - I keep on saying gas, 23 gosh. Let me start that question over again. 24 Do you ever see any fuel- spill from 25 the nozzle of the fuel pumps, you know, outside 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 Page 27 Q That's why you mentioned that obviously? A Yes. Q Has any of the - has the configuration of the fuel island changed at all since 2006? A NO; ma'am. Q Do you ever see fuel spills by the fuel pumps? A Sometimes. Q And does that ever accumulate in puddles at all? A No. Q And does that also drain into the same area where the water would drain? A Correct. Q Do you ever see any of the truck drivers overfill their tanks? A Sometimes. Q How often does that happen, if you can approximate? Like in a given week - does it happen more than once a week? A No. Q How about fuel spills generally, do you see that more than once a week? Page 29 1 of the tank of the truck? 2 A Like, do you mean diesel on the side 3 of the tank? 4 Q I assume the way the truck drivers 5 till their tanks is that these are similar to gas 6 pumps where they have nozzles like at a gas 7 pump - 8 A Right. 9 Q - something to that effect. 10 My question is specifically to those I1 nozzles whether they are taking it and putting it 12 into the truck or putting It back onto the pump 13 itself. 14 Do you ever see some fuel spill from 15 that whether it's drops or -= 16 A No. 17 Q Do people ever fill portable 18 containers with the fuel there? .19 A No. 20 Q Is there any kind of material kept 21 by the pumps for cleaning up fuel spills? 22 A There's spill response kits at 23 either side of the island. 24 Q And is that for your maintenance 25 people to use, or is that for the customers to 8 (Pages 26 to 29) Love Court Reporting, Inc. From:LowenthaI4 Abrams 610+667+3440 04/01/2011 13:15 #159 P.014/034 David Johnson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 30 use? A They're clearly labeled for anybody to use. Q And when you say "spill response kits," does that mean that there's multiple things i n this kit? A It's basically the kitty litter stuff, the PetroSorb. Q And - go ahead. A On the side, it says spill kit. It's on either side of the building. Q Of the building or the pumps themselves? A The building. You can see either way- Q How big are these containers? A They're a little bit bigger -- they're kind of like a rosy roller. Q I'm not sure what a rosy roller is? A It's what you put your trash in -- Q Oh, okay. A -- the big green things. It's kind of just like that. Q And is it portable? A Yes. Page 32 1 Q Are there any written procedures 2 that pertain specifically to the inspections that 3 are - that these janitors are supposed to 4 perform at the pump area? 5 A There are not. 1 don't think there 6 are. 7 Q You're not aware of any? 8 A No. We've never had any. 9 Q Other than the janitorial staff, 10 does anyone else perform any kind of inspections 11 by the fuel pumps? 12 A It would only be me. 13 Q Yourself? 14 A Correct. 15 Q And how often do you do that? 16 A Whenever it's needed. If somebody 17 says, you know, hey, this pump is not working, I 18 go out and I check them. 19 Q Do you have any routine inspection 20 procedure that you undertake, for example, that 21 you go out every hour or twice a day and you 22 specifically look around at the pump area, that 23 sort of thing? Do you do anything like that? 24 A No. 25 Q And are the janitorial staff 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 Q And is there anything in there like some sort of a shovel or other tool that they can use to put this stuff out? A There's a scoop in it. Q Scoop is the word I was looking for. A Scoop. Q Are there any materials kept by the pumps to prevent the ground from becoming slippery at all? A Not at the pumps. Q Do any specific employees monitor the fuel pump area? A The janitors. Q And what kinds of things are they supposed to be looking for? A Full trash cans, just anything out of the norm. If a pump has been blocked off and we don't know why, they always inquire about that. We do tests on them. Q Does the Petro Stopping Center have any procedure in place for inspecting the pump area, fuel pump area? A No. Just when the janitor goes out to check the trash, they're supposed to check the pumps as well. Page 33 1 required to do any set inspections like every so 2 often, or is it at their discretion? 3 A Its not set. Its basically if 4 they see something wrong, they fix it or report 5 it to me if they can't fix it. 6 Q Do you have any idea how often the 7 janitorial staff are out by the fuel pumps? 8 A At least two, three times an hour 9 getting trash or picking up after truck drivers. 10 Its an all-day thing. 11 Q So any inspections you perform is 12 basically when needed or when someone tells you? 13 A Right. 14 Q Whenever you perform an inspection 15 of the fuel pump area, do you document that 16 anywhere, like, in writing? 17 A No. 18 Q How about the janitorial staff, 19 anytime they perform any kind of inspection by 20 the fuel pump area, do they have to write that 21 down? 22 A No. 23 Q Anytime the janitorial staff has to 24 clean up a spill, are they required to document 25 that in writing somewhere? 9 (Pages 30 to 33) Love Court Reporting, Inc. From:Lowenthai & Abrams 610+667+3440 04/01/2011 13:16 #159 P.015/034 David Johnson Page 34 1 A No. I 2 Q Is there any written documentation 2 3 as to any inspections that are performed by the 3 4 ! fuel pump areas? 4 5 A No. 5 6 Q Is there any written documentation 6 7 in any form pertaining to any maintenance or 7 8 cleanup that are performed by the fuel pump area? 8 9 A No. 9 10 Q Other than cleaning up spills » you 10 11 mentioned also emptying trash cans -- do the 11 12 maintenance or janitorial staff perform, like, 12 13 daily cleaning of the fuel pump area at all like 13 14 where they scrub the ground or anything like 14 15 that? 15 16 A Every week -- well, each weekend we 16 17 pressure wash the pumps. 17 18 Q And how often is that, one time a 18 19 week, once a week? 19 20 A Um-hum. 20 21 Q And that's on a weekend? 21 22 A Um-hum. 22 23 MR. DANKO: Yes? 23 24 THE WITNESS: Yes. I'm sorry. 24 25 MS. S1SUM: Thank you. You see, I 25 Page 35 I know what you're saying - 1 2 THE WITNESS: Right. 2 3 MS. SISUM: But we've got to get it 3 4 on paper. 4 5 THE WITNESS: Right. 5 6 BY MS. SISUM: 6 7 Q So the fuel pump area gets pressure 7 8 washed once a week? 8 9 A Correct. 9 10 Q And what is pressure washed when 10 11 that happens? 11 12 A The pump, the ground, everything. 12 13 Q Are they cleaning up, like, grease 13 14 spots, oil spots? 14 15 A Right. The oil spot - like, when a 15 16 truck driver pulls in, you know, they leak oil; 16 17 and it's always in the middle. And you take the 17 18 pressure washer, and you just pressure wash it 18 19 away. 19 20 Q Other than that one time a week, is 20 21 that the only time that actual cleaning is done 21 22 of the ground around the fuel pumps? 22 23 A Yes. 23 24 Q And who performs that pressure wash? 24 25 A The janitor on duty. 25 Page 36 Q And the procedure that the janitor undertakes to do the pressure wash, is this a written policy anywhere, as far as you know? A No. Q How many maintenance or janitorial staff do you normally have during a given shift? A In the morning, we have two. One of them is a trash guy for the lot that goes out and picks up the trash. And on my shift and every shift after that, there's one. Q What shift do you currently work? A I work 4 p.m. to I a.m. It's Tuesday through Thursday. It's been like that since I moved here. Q So do you have off Friday through Sunday? A No. Sunday and Monday I work day shift on my general manager's day off. I'm acting general manager on those days for the fuel island. Q And was this the same back in 2006? A Yes, ma'am. Q You had the same schedule? A It hasn't changed. Q So you get one day off? Page 37 A Fridays and Saturdays. Q Oh, Fridays and Saturdays. So that's why you said you were tired earlier. A Urn-hum. Q Okay. Is there any kind of book or binder or any one place where you have to keep a set of company guidelines, procedures, that are written? A An employee handbook. Q Is that the only thing that you know of that contains any kind of guidelines, an employee handbook? A That's all we would ever use. Q Are you familiar with the handbook? A As frequently as I use it, somewhat, yeah. Q Is it kept, like, in a certain place in your office or store? A Yes. It's in my office where it's open. Anybody has access to it. Q Do you have an office in the convenience store? A Yes. Q Are you aware of whether the handbook has a section regarding safety? 10 (Pages 34 to 37) Love Court Reporting, Inc. From:Lowenthai'& Abrams 610+667+3440 04/01/2011 13:16 #159 P.016/034 David Johnson i Page 38 1 A Yes. 1 2 Q And does that address maintenance of 2 3 the fuel - of the fuel island? 3 4 j A No. 4 5 Q Is there anywhere in this handbook 5 6 that addresses inspections that are to be 6 7 performed of the fuel island? 7 8 A Not that I'm aware of. 8 9 Q Is there a section that pertains to 9 10 safety that you're aware of? 10 11 A Yes. 11 12 Q And do you know what kinds of things 12 13 are addressed in that safety section? 13 14 A PPE, personal protective equipment 14 15 that you need to wear when you go outside. 15 16 Gloves have to be wom when you change trash, 16 17 stuff like that. 17 18 Q Does the safety section, as far as is 19 you know, discuss safety of customers, or is it 19 20 only safety of the employees? 20 21 A Safety of the employees. 21 22 Q Do you know of any written policy or 22 23 procedure that addresses safety of your 23 24 customers? 24 25 A Just what to do in, like, an 25 Page 39 1 accident report. 1 2 Q When you first started with Petro 2 3 Stopping Centers, you received - did you receive 3 4 training? 4 5 A Yes. 5 6 Q And what kind of training was It? 6 7 A It was on-the-job training. 7 8 Q On the job? 8 9 A Yes. 9 10 Q How long was that training, if you 10 II recall? 11 12 A It was my last year in New Paris. 12 13 Q And during that training, what 13 14 kind - do you discuss maintenance of the fuel 14 15 island? 15 16 A Yeah. Yes. 16 17 Q Yes? 17 18 A Yes. 18 19 Q And in terms of the maintenance 19 20 procedures that you learned, is it basically what 20 21 is undertaken at the Petro Stopping Center that 21 22 you work at now? 22 23 A Yes. 23 24 Q So everything that we've discussed, 24 25 that's how you learned it should be done? 25 Page 40 A Yes. Q Is the Petro Stopping Center a 24-hour operation? A Yes. Q How many shifts are there? A Three. Q Can you tell me what the hours are? A 8 am. to 4 p.m., 4 p.m. to midnight and midnight to eight. Q And you may have told me this. How many employees, if you can recall, work during your shift for the fuel island? A There's six or seven. Q Who trains the maintenance staff? A Other maintenance people and the managers. Q Have you trained maintenance staff? A Yes. Q And is this also on-the-job training? A Yes. Q And how long are they trained for, the maintenance people? A They work with other -- we put them with somebody for two or three weeks until the Page 41 other, I guess, training janitor says that they know what they're doing. Q Are you familiar with the specific date of this accident? A Somewhat, yes. Q What do you know that to be? What's your understanding of the date generally? A I don't know how many customers came in, but I was there. I know what was going on, yeall• Q You were there on the day of the accident? A Yes. Q So if I tell you the accident occurred October 18th, 2006, does that sound right? A Yes. Q Do you remember what day of the week it was? A No, I don't. No. Q Was it a weekday? A Yes. Q Was that a night you were working as the assistant general manager? A Yes. 11 (Pages 38 to 41) Love Court Reporting, Inc. From:Lowenthai' & Abrams 610+667+3440 04/01/2011 13:16 #159 P.017/034 David Johnson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 Q Do you have an understanding as to what time this incident occurred? A Yes. Q What time is that? A Nine-thirty. Q In the p.m.? A Yes. Q And you were on duty at that time? A Correct. Q When did you first hear of the accident? A At 11:30. Q P.M. again? A Correct. Yes. Q And from whom did you hear it? A Ms. Russell's dispatcher. Q And do you know that person's name? A No. Q Did you know that person before that phone call -- I assume it was a phone call? A Yes, it was a phone call. I didn't know the person at all. He introduced himself. I can't remember his name. Q And what do you recall - I'm sorry. You said it was a he? Page 44 1 recall him specifically saying that? 2 A I don't recall. That's how,1 3 guess; he described it to me, you know, she fell. 4 Q Did you know where she fell 5 specifically? 6 A He told me it was at Pumps 2 or 3. 7 I can't remember which one it was. 8 Q You remember it was two or three, 9 just not which one? 10 A Correct. They're next to each 11 other. So it was in that area. 12 Q Did you talk to Ms. Russell about 13 the accident at any time? 14 A No. 15 Q So you never spoke to her about the 16 fall? 17 A No, no. 18 Q Did you ever speak to her husband or 19 any other relative or friend of hers about her 20 accident? 21 A No, no. 22 Q Do you know if Ms. Russell or her 23 husband spoke to any of your employees about 24 their accident? 25 A They didn't, no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 A Correct. Q What do you recall the gentleman telling you? A You know, this is so-and-so with Keystone. I'm Deb Russell's dispatcher. She, you know, just informed me that she fell, you know, something to that effect. Q And did he tell you the time that it happened? A Yes. Q Is that how you knew it happened around nine-thirty? A Yes. Q Other than what you just told me, did he say anything else? . A Not that I can recall, no. Q Did he tell you specifically how the accident happened? A I believe he did, yeah - yeah, yeah, he did, because he told me that she either got her foot caught in a hose or something like, because I think he was even unsure of how it happened. Q Did he specifically say that she had gotten her foot caught in the hose, or do you Page 45 1 Q Before the accident, were you 2 familiar with Ms. Russell? 3 A Oh, yeah, and her husband. They 4 were regulars at my facility. 5 Q How often would you see them? 6 A ON at least two times a week. We 7 knew them by first nine and company name and 8 truck number. 9 Q Prior to the accident happening, did 10 you know - excuse me. You said you knew her by 11 name. Did you know what she looked like? 12 A Yes. 13 Q Did you ever see her walking around 14 the facility looking like she was having problems 15 moving about, you know, her arms, legs, 16 anything - 17 A If I would have, I would have asked 18 her about it, you know, are you okay, you know. 19 Q And just to be clear, I'm not 20 referring to the date of the accident or after. 21 I'm saying before the accident and your general 22 knowledge of her, had you ever seen her and 23 thought she was moving about with problems or 24 anything like that? 25 A No. 12 (Pages 42 to 45) Love Court Reporting, Inc. From:Lowenthaf & Abrams 610+667+3440 04/01/2011 13:16 #159 P.018/034 David Johnson 1 2 3 4 5 6 7 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 Page 46 Q Did you ever see her after the accident? A I think I might have saw her once after that, but there was some problems with the company. They didn't want to fuel at Petro because of -- I don't know, whatever reason. Q When you saw her at least that one time after the accident, is there anything in particular that you noticed about her? . A Yeah. She said she fell and hurt her arm, and she was holdingit funny. Q So she actually spoke to you? A I believe she did once, yes. Q And she did say she fell and hurt her arm? A Yes. Q Did she tell you it was at the Petro Stopping Center; or was she saying generally, oh, I fell? A I can't remember. Q Do you know how soon after the accident this was? A No, no, I don't. Q When you spoke to her, had you known that she had fallen at your facility? Page 48 1 interaction with each other while they were at 2 the Petro Stopping Centers? 3 A Just when they came in to get their 4 tickets, their fuel tickets. 5 Q Did you ever know them to be 6 fighting with each other or anything like that 7 while they were at the Petro Stopping Centers? 8 A No. 9 Q Arid you would see both of them two 10 times a week? I1 A 'Yep. 12 Q - Have you - after the accident, did 13 you ever overhear Ms. Russell speaking to any 14 other person at the Petro Stopping Center? is A No. 16 Q When you first found out about the 17 accident, what was the first thing you did as a 18 result? 19 A I took an accident report, filled it 20 out, took pictures, and then sent it to the legal 21 department at Petro. 22 Q Is this part of a procedure that 23 you're supposed to undertake? 24 A Yes. 25 (Johnson Exhibit ), Customer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 A Right, because - MR. BANKO: Object to the form of the question. BY MS. SISUM: Q I can rephrase it for you. When you spoke to her, was it after the date of the accident? A Yes. Q Other than that one time, have you seen Ms. Russell more recently? A No. Q Have you seen her husband, Lawrence Russell? A No. Q So after the accident, did you see him at all? A No. Q And you mentioned that you knew him as well before the accident? A Correct. Q Did they often work together, or did they have separate trucks? Do you know? A They had separate truck, but they were always together. Q - Did you ever notice their Page 49 1 Incident Investigation Report, marked for 2 Identification.) 3 BY MS. SISUM: 4 Q Mr. Johnson, I want to show you what 5 I've marked at the bottom left as Johnson 1. Can 6 you take a look at that? 7 A Um-hum. It's an accident report. 8 Q Go ahead. 9 A It's an accident investigation 10 report. 11 Q Is this the report that you're 12 referring to that you filled out as soon as you 13 heard about the accident? 14 A Yes. 15 Q And did you fill this out as you 16 were talking to this dispatcher or after your 17 conversation? 18 A I started it towards the end of our 19 conversation to get information like her Social 20 Security number, which, you know, is not common 21 knowledge. 22 Q So you would have gotten that from 23 the dispatcher? 24 A Correct. 25 Q You never got that information from 13 (Pages 46 to 49) Love Court Reporting, Inc. From:Lowenthal' & Abrams 610+667+3440 04/01/2011 13:17 #159 P.019/034 David Johnson Page 50 1 her?. 1 2 A I- I'm not sure. I would assume 1 2 3 got it from the dispatcher. 3 4 Q The date at the bottom right, is 4 5 that the date that you filled it out? 5 6 A Yes. 6 7 Q Is that your signature at the 7 8 bottom? 8 9 A Yes. 9 10 Q Did any of this information on this 10 11 report come from Ms. Russell directly, or is this 11 12 all of the information you received from her 12 13 dispatcher? 13 14 A I'm unsure. 14 15 Q I'm sorry? 15 16 A I don't know. 16 17 Q And it says on the bottom in the 17 18 bottom box, "Are photos attached of customer and 18 19 scene?" And it says yes. 19 20 You took photographs? 20 21 A Of the scene. 21 22 Q What did you take photographs or 22 23 A The pump area. 23 24 (Johnson Exhibit 2, Fax, 10/19/06 24 25 Johnson to Stuart, marked for 25 Page 51 1 Identification.) 1 2 Q I'm going.to show you what I've 2 marked as Johnson 2. Can you take a look at 3 4 that, please? 4 5 A Um-hum. It's what I sent to Gary 5 6 Stuart at Petro's legal department. 6 7 Q So let me make it clear for the 7 8 record. I marked Johnson 2, a packet. It has 8 9 about five pages. Is that right? 9 10 A Okay. 10 11 Q Can you clarify that? 11 12 A Yes. 12 13 Q And of those five pages, there are 13 14 three photographs? 14 15 A Correct. 15 16 Q And then In front of the 16 17 photographs, there's an e-mail; and in front of 17 18 that, there's a fax cover sheet? 18 19 A Correct. 19 20 Q And the three photographs that are 20 21 in this packet, which conveniently at the bottom 21 22 right of each are marked D-60, 61, and 62, are 22 23 those the photos that you took of the fuel pump 23 24 area? 24 25 A Correct. 25 Page 52 Q And can you tell from these copies of the photos what each one is showing as far as pump number or however you want to describe it? A Pump No. 2. Q For number --which page number at the bottom right? A D-60. Q This has Pump 2? A Correct. Q What's on the next page? A A closer view of Pump 2. Q So a closer view of Pump 2 is on D-61? A Correct. Q And how about D-62? A It is another photo of Pump 2. Q And were these digital photographs? A Correct. MS. SISUM: We can go off the record a second. (Discussion held off the record.) BY MS. S1SUM: Q Mr. Johnson, did you keep any copies of these photographs, the digital copies, in your office, on your computer, or anything like that? Page 53 A It would have been saved in the e-mail until, you know, it automatically deletes it. Q Do you know if -- did you download these onto a computer in your office at the convenience store? A Yes. Q Do you know if there is still a computer file at the convenience store with the photographs? A No. Q No, you don't know; or, no, they are not there? A There are none. Q And you're certain of that? A Yes. Q Okay. Did you maintain a file pertaining to Debra Russell at the convenience store office? A No. Q Any information you had regarding Ms. Russell did you ship to a certain, like, corporate office or something? A I sent it all to Gary Stuart. Q Did you mail it or fax everything? 14 (Pages 50 to 53) Love Court Reporting, Inc. From:Lowenthal & Abrams 610+667+3440 04/01/2011 13:17 #159 P.020/034 David Johnson Page 54 1 ! A I faxed everything, and then it gets 1 2 f mail. 2 3 Q Okay. So you send the originals 3 4 1 also? 4 5 ` A Yes. 5 6 Q You don't retain copies of anything? 6 7 A Nope, not of a legal matter. That 7 8 all goes to corporate. 8 9 Q So is Gary Stuart the one that you 9 10 also a-mailed these photos to? 10 11 A Correct. 11 12 Q On that second page, it has the 12 13 actual e-mail. It says from Fuel Island No. 36. 13 14 U that your e-mail address? 14 15 A That's my store. . 15 16 Q Like company e-mail, I guess? 16 17 A Right. 17 18 Q And Gary Stuart, does he work for 18 19 Petro? 19 20 A No - 20 21 Q Who is he? 21 22 A -- not anymore. At the time, he 22 23 worked for Petro. 23 24 Q Oh, okay. 24 25 A But since we have been bought by TA, 25 Page 55 1 he does not work for us no longer. 1 2 Q Okay. But at that time, he was an 2 3 employee of Petro? 3 4 A Correct. 4 5 Q And he was in the legal department? 5 6 A Correct. 6 7 MR. BANKO: Was he in West Lake, 7 8 Ohio? 8 9 THE WITNESS: At the time, it was El 9 10 Paso. 10 11 MR. BANKO: Okay. 11 12 THE WITNESS: The equivalent of our 12 13 current West Lake. 13 14 BY MS. SISUM: 14 15 Q So he was not local as far as 15 16 Pennsylvania? 16 17 A No. 17 18 Q I want to - I know these - this 18 19 quality of the photographs isn't good; but since 19 20 you are the one that took the photographs, you 20 21 might be able to describe a little bit better for 21 22 me. 22 23 Looking at No. D-60 In that packet 23 24 that's marked Johnson 2, do you see that? 24 25 A Yes. 25 Page 56 Q There seem to be on the ground like these dark areas. And I'll -- on my copy, I'll specifically circle what I'm talking about. And then we can probably mark yours as well. Do you know what - why that's dark like that? A That is oil from trucks, you know, in the middle from them leaking. This is from the windshield wash. It's also there. That's where customers pick up the squeegee. And then that's the only two you have circled. Q This larger darker one here you said is from the window wash? A Correct. Q What is it exactly that's the dark spots? Is it just wet pavement? A Yes. Q So this is water essentially? A Yes. Q Let's mark on your copy on No. D-60, if you don't mind. I'll circle the same areas. And then I just want you to basically do like a line and then just write what you just told me each one was so that it's clear - clearly marked on the record. Page 57 A Okay. Q Thank you. A Um-hum. Q Let me just borrow that packet. On Picture D-60 of the packet we marked as Johnson 2,1 had circled -the two spots I was referring to. And you kindly did arrows or lines showing that the one area has oil leaking from trucks and the other area that you mentioned was the windshield wash. And it's some sort of a water or a wet pavement? A Yeah. Q Is that right? A (No response.) Q Is that a yes? A Yes. Sorry. (Johnson Exhibit 3, General Liability Incident Report, marked for Identification.) Q I'm going to show you also what I've mark as Johnson 3. Take a look at that, please. A This is what follows the accident report that gets faxed as well to general liability. Q And is this a report that you filled 15 (Pages 54 to 57) Love Court Reporting, Inc. From:Lowenthal''& Abrams 610+667+3440 0410112011 13:17 #159 P.021/034 David Johnson I Page 59 I out as well? 1 2 A Yes. 2 3 Q And is everything on this report In 3 4 your writing? 4 5 A Yes. 5 6 Q In the second section where it says, 6 7 "Complete this section on all" - well, they all 7 8 say that. 8 9 The second section where it says 9 10 "person involved" - 10 I1 A Right. 11 12 Q -and at the top, it says "Debra 12 13 Russell" and then to the right of it it says 13 14 "husband Lawrence," is that your writing as well? 14 15 A No. 15 16 Q Whose writing is that? 16 17 A I am unsure. 17 18 Q And when did you fill out this 18 19 report? 19 20 A At the same time as the incident 20 21 investigation report is when I would usually do 21 22 it. 22 23 Q So you would have filled out both 23 24 reports together? 24 25 A Yes. 25 Page 59 1 Q And you would have faxed both 1 2 reports to your legal department? 2 3 A Yes. 3 4 Q And at the top, you do have the time 4 5 of the incident listed as 9:30 p.m. or so? 5 6 A Yes. 6 7 Q As far as you can recall, since the 7 8 accident happened in October, is it safe to 8 9 assume it was dark outside when this happened as 9 10 far as daylight versus nighttime? 10 i I A I guess. 11 12 Q Can you recall specifically? 12 13 A No, I can't. 13 14 Q Is the fuel island area lit with 14 15 overhead lights? 15 16 A Yes. With canopy lighting, yes. 16 17 Q Where are the lights located for the 17 18 pumps specifically? 18 19 A Above. It's overhead lighting. 19 20 Q Above all the pumps? 20 21 A Yes. 21 22 Q Like, does each pump have its own 22 23 light, as far as you know? 23 24 A It's all lights under the canopy. 24 25 They are powerful. 25 Pago 60 Q Did you say they are powerful? A Oh, yeah. They're bright. Q You would consider the pump area pretty well lit? A Yes. Q Do you have any knowledge as to how many lights there are? A There's three in a row. There's X amount of rows. There's several. Q Do you know if on the night of the incident all the lights were in working order? A They are always in working order. Q How often does that get checked? A Whenever the lights come on, if none is not on, it's fixed. Q Is this something that maintenance is instructed to pay attention to -- A Yes. Q - the lights that is? A Yes. Q Are you familiar - or do you know of any witnesses to Ms. Russell's accident? A Just her husband. Q So no one else came to you and said that they saw the accident? Page 61 A Nope. Q Do you recall the weather that night? A It was clear. Q My understanding is you gave a statement, like, a recorded statement to someone. Do you recall doing that? A To a Liberty Mutual claims person, I think (Johnson Exhibit 4, Statement, marked for Identification.) Q I want to give you what I've marked as Johnson 4. You can take some time to look through that, please, or read it. Have you had a chance to read through it? A Yes. Q Is this the statement that you were referring to? A Yes. Q Okay. So this is the statement that you gave to Liberty Mutual, as far as you know? MR. BANKO: There are three pages to this thing, aren't there? THE WITNESS: Yeah, the one that 16 (Pages 58 to 61) Love Court Reporting, Inc. From:Lowenthal & Abrams 610+667+3440 04/01/2011 13:17 #159 P.022/034 David Johnson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 62 says -- asked for my permission to turn off the recorder. MR. BANKO: You're missing the third page. MS. SISUM: I think that's all I have. Let me double-check. I'm glad you pointed that out. Let me make sure I didn't just copy it incorrectly. That is normally what is said, is it not? Yep. You know what? This isn't right, is it? I only have two pages. MR. BANKO: Let me get you the third page. MS. SISUM: That would be great, yeah. Thanks for noticing. (Brief pause from the record.) BY MS. SISUM: Q Okay. So you've had a chance to read Johnson 4, which is your statement to Liberty Mutual. Right? A Correct. Q Okay. In rereading - or in reading that over, is that the first time you've seen that statement in writing? A No. Page 64 1 completely. It says, "No. Her foot got caught 2 in the fuel hose and then she fell hurting her 3 wrist and her arm or something to that effect." 4 When you say "no," are you saying 5 that he did not specifically say how she fell? 6 A Right. He just said that she fell. 7 And then I said how. And he said, you know, she 8 either got it caught in a fuel hose or slipped 9 and fell. 10 Q So when you were speaking to him, I I did you have the sense that he wasn't sure 12 either? 13 A Right. 14 Q And he did not put her on the phone 15 to speak to you? 16 A Not that I can recall. 17 Q And you mentioned in the statement 18 and today that it was either Pump 2 or 3. 19 Correct? 20 A Correct. 21 Q Did you take photographs of only 22 Pump 2, or did you also take of 3? 23 A Three is in one of the photos, but 24 . it was blocked off. 25 Q Okay. Was it blocked off by a truck 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 63 Q So you've seen it before? A I've seen it before. Q Okay. Did you read that before coming here today? A Yes. Q Is there anything about that statement that seems inaccurate to you? A Where, I guess, I called the dispatcher a she. Q Oh, okay. A But it was -- I then corrected myself that it was a male. It is definitely a male that I spoke to. Q I want to show you - I believe it's on the second page of the statement, if I can find it. Okay. That section that you just referred to about telling the person it was a male and then you say, "I do believe I put his name on the incident report," the very next question after that, do you see that, where it says "Did he say specifically how she fell or where she fell?" A Right. Q And your answer- and I'll read it Page 65 1 or something? 2 A No. It would have been blocked off 3 by either the maintenance person or me. 4 Q Okay. Why was it blocked off? Do 5 you know? 6 A I don't remember. 7 Q How is it blocked off? 8 A Trash barrels. 9 Q Was that in the photograph? 10 A Yes. 11 Q Can you show me that," I didn't 12 notice that. 13 A On D-61, you can see past the fence 14 that the trash can is in the middle of the fuel 15 pump. 16 Q Okay. Let's do this. Does this -- 17 are you able to do -- to say the No. 2 and the 18 No. 3 and then just draw an arrow as to where 19 each pump is? 20 A Sure. Pump 2, Pump 3. 21 Q And can you somehow mark, either by 22 X, circle, or however we can show it best, the . 23 barrel that you're saying is blocking off Pump 3? 24 A I didn't do very good at all. 25 Q So you wrote - and we'll say it out 17 (Pages 62 to 65) Love Court Reporting, Inc. From:Lowenthal'& Abrams 610+667+3440 0410112011 13:17 #159 P.023/034 David Johnson Page 66 1 loud so it's clearer on the record. This white 1 2 thing beyond the fence, like a cylinder type 2 3 shape, you put little lines in it, correct, 3 4 like - 4 5 A Right. 5 6 Q - little dashes? 6 7 That is the blocking barrel that you 7 8 were referring to? 8 9 A Correct. 9 10 Q And what are reasons why you block a 10 11 pump like that? 11 12 A If its not working. If, you know, 12 13 the breakaway has been pulled out or the pump is 13 14 malfimctioning and it's not able to be used, we 14 15 block it off. is 16 Q And If - do you ever block it off 16 17 for fuel spills at all? 17 18 A Yes, when it's big enough. 18 19 Q Is there any way to know today why 19 20 that particular pump was blocked off? 20 21 A Nope. 21 22 Q Would there be anywhere that you 22 23 could look in your office in writing as to why 23 24 that-was blocked off? 24 25 A No. 25 Page 67 1 Q So you would have no record as to 1 2 why? 2 3 A Nope. 3 4 Q So you don't know whether that was 4 5 because the pump was malfunctioning or whether it 5 6 was a spill or anything like -- 6 7 A I cannot recall. 7 8 Q When you went to take the 8 9 photographs, do you remember how long after the 9 10 phone call you did that? 10 11 A No. They say 12 am., but I don't 11 12 know if that's correct. 12 13 Q That could just be, like, the 13 14 setting on the camera? 14 15 A Yes. 15 16 Q Would it have been soon after the 16 17 call? 17 18 A Oh, yes. 18 19 Q So it wasn't, like, the next day or 19 20 a week later? 20 21- A No. It's still night out, and I'm 21 22 the only night manager. It was at night. 22 23 Q Do you know If you had flash on the 23 24 camera? 24 25 A Yes. 25 Pagc 68 Q And when you went to that area that you were taking photographs of, did you physically walk around on the area? A Yes. Q And is there anything that you noticed particularly about the area that you walked on? A Nope. Q What were you looking for when you went over there? A Just - Q Were you - go ahead. A - to see if somebody - ae, if you were to fall, you would leave, like, a spot or whatever. 1 don't know. See where a foot slipped. I didn't see anything. Q Did you just perform a visual inspection essentially? A Yes. Q Did you go around feeling the ground with, like, your feet to see if there were any slick spots? A I walked through -- walked around the entire pump area. So if it was slick, I would have noticed. Page 69 Q Did you only walk around that Pump 2 area? A That entire - where I took the picture, I inspected. Q Did you walk around where Pump 3 was located? A To get to Pump 2, I had to walk past Pump 3, yeah. Q Did you actually walk on the concrete area right around Pump 3? A No. Q And you mentioned that's all concrete. There's no blacktop in that area? A Right. All concrete. Q And the reason you took photographs, is that part of your procedures, or did you just take that upon yourself? A It's SOP for an accident report. Q Is there a written procedure for your accident reporting? A Yes. Q And where is that located? A It's in the SOP manual. Q And is that different from the handbook? 18 (Pages 66 to 69) Love Court Reporting, Inc. From:Lowenthal'& Abrams 610+667+3440 0410112011 13:18 #159 P.024/034 David Johnson I Page 70 1 A Yes. 1 2 Q What other things are in the SOP 2 3 manual generally speaking? 3 4 A Just for managers, you know, what 4 5 form to fill out in case of this, stuff like 5 6 that. 6 7 Q Does it address only accidents in 7 8 that manual, or Is that for a lot of things? 8 9 A It's for a lot of things for 9 10 managers. 10 I I Q So it's more for management? 11 12 A Um hum. 12 13 MR. BANKO: Yes? 13 14 THE WITNESS: Yes. Sorry. 14 15 BY MS. SISUM: 15 16 Q And I assume SOP stands for standard 16 17 operating procedures? 17 18 A Correct. 18 19 Q Where is that SOP kept? 19 20 A In ray office as well, along with the 20 21 employee handbook. 21 22 Q Is that, like, in a binder? 22 23 A Yeah. It's all there. 23 24 Q Are there surveillance cameras in 24 25 the area? 25 Page 71 1 A No. I 2 Q So you don't have any surveitlance 2 3 cameras on the property at all? 3 4 A Inside. 4 5 Q Inside the - 5 6 A Inside the buildings, we have 6 7 surveillance; but outside, we do not. 7 8 Q So no surveillance cameras that 8 9 would show the exterior of the building? 9 10 A Correct 10 I I Q And none for the fuel pumps either? 11 12 A No. 12 13 (Johnson Exhibit 5, Handwritten 13 14 Note, marked for identification.) 14 15 Q I just want to show you what I've 15 16 mark as Johnson 5. Just take a look at that. 16 17 Is that your writing at all? 17 18 A No. 18 19 Q So you've never seen this before? 19 20 A Uh-uh. No. 20 21 Q And do you recognize this at all? 21 22 A No. 22 23 Q Do you know whose writing that is at 23 24 alt? 24 25 A No. 25 Page 72 Q Okay. Thank you. Do you recall if the name of the dispatcher was Don? Does that sound familiar? A Yeah. Q Do you know - or have you had any other communications with Don or the dispatcher from Keystone since the date of the accident? A No. Q So you wouldn't know whether Don works there or not anymore? A Anymore, no. Q And that was the one and only time that he spoke to you about this incident at all? A Yeah. Q He never called you back to follow up? A Not that I know of. Q Did you ever call to follow up with Ms. Russell at all? A No. Q Did you ever speak to anyone else at Keystone regarding Ms. Russell's accident other than Don? A I don't know. I might have mentioned it to another driver that she fell out Page 73 there. Q But you don't recall any specific conversation? A No. Q Is there a service center there as well to repair or do maintenance on the trucks? A Yes. Q And where is that located in reference to the fuel pumps? A Just past Pump 12. Q And is that a 24-hour operation as well? A Yes. Q So sometimes truck drivers pull in to get their trucks serviced? A Yes. Q And you mentioned that sometimes trucks do leak fluids onto the surface of the fuel pump area or around the facility? A Sometimes, yeah. Q Prior to Ms. Russell's accident that was in October of 2006, do you recall hearing of someone else claiming they fell by the fuel pumps as a result of a slippery condition? A No. 19 (Pages 70 to 73) Love Court Reporting, Inc. From:Lowenthal' & Abrams 610+667+3440 0410112011 13:18 #159 P.025/034 David Johnson Page 74 Page 76 I (Johnson Exhibit 6, General 1 individual claimed he fell on? 2 ( Liability Incident Report, marked for 2 A I don't know. 3 Identification.) 3 Q You don't recall the result of any 4 (Johnson Exhibit 7, Customer 4 investigation or inspection? 5 Incident Investigation Report, marked for 5 A No. 6 Identification.) 6 Q Can you look at Johnson 7 where it 7 Q f want to show you what I've marked 7 says "corrective action required"? It says 8 as Johnson 6 and Johnson 7, two sheets there. 8 "Monitor island conditions daily." 9 Could you just take a look at that briefly? 9 Did you write that information? 10 A It's another accident report. 10 A Um-hum. 11 Q And just so we're clear on the 11 Q And do you know why you wrote that 12 record, Johnson 6 at the top says "General 12 information? 13 Liability Incident Report." Correct? 13 A It's what action taken to prevent 14 A Yes. 14 this to recur. 15 Q And Johnson 7 says "Customer 15 Q Is that something that just - that 16 Incident Investigation Report"? 16 was not occurring? The monitoring the island 17 A Correct 17 daily - 18 Q And am I also correct that both 18 MR. BANKO: Object to the form. 19 Johnson 6 and Johnson 7 refer to an individual by 19 BY MS. SISUM: 20 the name of James Messersmith? 20 Q - was that not occurring? 21 A Correct. 21 MR BANKO: Object to the form of 22 Q And are you the individual who 22 the question. 23 filled out both these reports? 23 MS. SISUM: Let me rephrase that. 24 A Yes. 24 BY MS. SISUM: 25 Q After looking at Johnson 6 and 25 Q When you wrote "monitor island Page 75 Page 77 1 Johnson 7, does this refresh your memory at all I conditions daily," was that something that was 2 regarding someone who may have claimed that they 2 not being done on a daily basis? 3 also fell as a result of a slippery condition? 3 MR. BANKO: Object to the form of 4 A It looks like somebody had fallen, 4 the question. 5 yes. 5 THE WITNESS: It was - it was done 6 Q Do you recall this incident at all? 6 daily. I mean, that's part of taking - 7 A No, because I'm not there at 2:15 7 you know, getting the trash. 8 am. 8 BY MS. SISUM: 9 Q Do you recall filling out this 9 Q Are you required - when filling out 10 information? 10 the customer incident investigation report that 11 A Yeah. 11 we have here marked as Johnson 7, are you 12 Q And do you recall hearing about this 12 required to fill in the section where it says 13 accident at all? 13 "corrective action required"? 14 A Not - no. 14 A rm not sure. 15 Q So the only information that you 15 Q If you look back at Johnson 1, which 16 recall is based on what you wrote here? 16 is the very first thing, which is a similar 17 A Yes. 17 customer incident investigation report at the top 18 Q And looking at Johnson 6 at the top 18 pertaining to Deb Russell - 19 where it says "customer description of incident," 19 A Yep. 20 does that state, "Customer states he fell on Pump 20 Q - do you see that? 21 No. 5 as a result of water and grease on the 21 A Um-hum. 22 island"? 22 Q And in the middle where It says 23 A Yes. 23 "corrective action required," there's nothing 24 Q Do you recall whether you or any 24 written there? 25 other employees went and inspected the area this 25 A Right. 20 (Pages 74 to 77) Love Court Reporting, Inc. From:Lowenthal & Abrams 610+667+3440 04/01/2011 13:18 #159 P.026/034 David Johnson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 78 Q Did you feel that there was no need for corrective action? A I probably just didn't know what to put there. Q So you don't - just to be clear, do you - you don't recall why you wrote "monitor island conditions daily" on Johnson 7? A No. My manager helped me fill this one out. Q How do you know your manager helped you flu it out? A Because it's something that he would have me put on there. Q Other than this incident involving James Messersmith, do you recall or are you aware of any other prior incidents or incidents prior to Ms. Russell's incident that involved a fall by the fuel pumps as a result of a slippery condition? A Not that I'm aware of. MS. SISUM: Bear with me one second. (Brief pause from the record.) BY MS. S1SUM: Q It's my understanding that there was a custodian by the name of Daniel Rouner, Page 80 1 the time sheet records provided by Ms. Adams, I 2 have found. the following employees were working 3 on the evening of October 18, 2006. 4 A Right. 5 Q Do you know who Cristy Brenneman is? 6 MR. BANKO: Yeah. Shes my 7 paralegal. 8 MS. SISUM: Oh. 9 MR. BANKO: Ms. Adams is Pamela Zom 10 Adams, Esquire, house counsel for the 1 I Travel Centers of America. 12 BY MS. SISUM: 13 Q And if you can look through the list 14 of names briefly or job classifications, do any 15 of those names sound like the person who may have 16 been on duty as the maintenance person the night 17 of the incident? 18 A Levi Mill was my employee. 19 Q What does it mean next to his name 20 when it says he was a runner? 21 A That's janitor. That's Petro's job 22 classification as a runner. 23 Q Okay. Is there a difference between 24 a runner and a custodian? 25 A No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 79 R-o-u-n-e-r, that may have been on duty at the time of this incident, which would have been during your shift- A I'm sorry. What's the name? Q Daniel Rouner, R-o-u-n-e-r. Does that sound familiar to you? A No. Q Let me mark that so you can take a look at that. (Johnson Exhibit 8, Memorandum, 8/12/08, Brenneman to Banko, marked for Identification.) Q What I have marked, it says "memorandum" at the top. I have marked it as Johnson 8. And if you look at the fourth person down where it says "custodian" under job classification. A That is not an employee of mine. Q So that doesn't sound familiar at all? A No. Q And you see at the top below the line at the very top under where it says to, from, date, and re, and then it has a line? It says - someone wrote there, "From my review of Page 81 1 Q Further down, it says Rodney 2 Lindsay, two down from Levi Hill. 3 A Right 4 Q Do you recall if he may have been on 5 duty that night? 6 A That's not my employee. 7 Q He's not? 8 A No. Custodians are for travel 9 stores. 10 Q SOJAvi Hill was likely the 11 janitorial staff on duty in the fuel island? 12 A Yes. 13 Q And that was on the night of the 14 incident, as far as you know? 15 A Yes. 16 Q Does Levi Hill still work there? 17 A No. 18 Q Do you know when he last worked 19 there? 20 A No. 21 Q Have you heard anything regarding 22 Ms. Russell since her accident other than what 23 we've talked about today? Like, have you heard 24 anything specincally about her, her condition, 25 her accident - 21 (Pages 78 to 81) Love Court Reporting, Inc. From:Lowenthall& Abrams 610+667+3440 04/01/2011 13:18 #159 P.027/034 David Johnson Page 82 1 A No. 1 2 ( Q - from any source other than from 2 3 your attorney? 3 4 A No. 4 5 Q So no one has come in, other truck 5 6 drivers haven't talked about it or said anything 6 7 to you? 7 8 A No. 8 9 Q And no one else from your company 9 10 has told you any information pertaining to Ms. 10 11 Russell? 11 12 A No. 12 13 MS. SISUM: That's all l have for 13 14 you. Thank you. 14 15 MR BANKO: 1 just have to follow up 15 16 on something because these are copies. 16 17 --- 17 18 EXAMINATION 18 19 --- 19 20 BY MR. BANKO: 20 21 Q You were asked to identify on 21 22 Johnson 2, page D-60 several things. The dark 22 23 marks in the middle which you have identified as 23 24 oil leaking from trucks, was that freestanding 24 25 oil stains? What was it? 25 Page 84 recorded statement in June of 2007, you were asked whether there were - whether you found any foreign substances on the ground? A Right. Q What was your -- was your statement at that time accurate? A Yes. MR. BANKO: All right. I don't have anything else. Thank you. MS. SISUM: Thank you very much, especially on your day off. (Deposition adjourned at 11:37 a.m.) Page 83 1 A Stains. 1 2 Q And if a truck is pulled up to Pump 2 3 2 or 3, the truck is straddling that stuff? 3 4 A Yes. The truck is over that. 4 5 Q And that's what's causing the - 5 6 A Yes. 6 7 Q That's why it's leaking from the 7 8 bottom of the truck? 8 9 A Right. Ifs leaking from the bottom 9 10 of the truelk. 10 11 Q And the stuff, windshield wash away 11 12 from the pump down at the bottom left-hand 12 13 corner, is that a puddle of water, wet spots? 13 14 Can you describe what it was? 14 15 A It doesn't look like a puddle. It 15 16 looks like it's just water. 16 17 Q Just a wet spot? 17 18 A Just a wet spot. Just like over 18 19 here, do you see where the bucket is? 19 20 Q And again, you're talking to the 20 21 right of that same photograph in the middle? 21 22 A Yes, to the right. And another wash 22 23 bucket to the right of it is just a wet spot from 23 24 where they pulled the squeegee out of the bucket. 24 25 Q And apparently, when you gave your 25 Page 85 CERTIFICATE I, Denise L. Travis, the officer before whom the within deposition(s) was taken, do hereby certify that the witness whose testimony appears in the foregoing deposition(s) was duly sworn by me on said date and that the transcribed deposition of said witness is a true record of the testimony given by said witness; That the proceeding is herein recorded fully and accurately; That I am neither attorney nor counsel, nor related to any of the parties to the actior in which these depositions were taken, and further that I am not a relative of any attorney or counsel employed by the parties hereto, or financially interested in this action. Denise L. Tmvis, Reporter Notary Public in and for the Commonwealth of Pennsylvania My commission expires April 20, 2010. (The foregoing certification of this transcript does not apply to any production of the same by any means, unless under the direction, control, and/or supervision of the certifying reporter.) 22 (Pages 82 to 85) Love Court Reporting, Inc. From:Lowenthal"& Abrams Petro stpPping Centers Fuel Is Lend 1/36 1201 H rrlsburg Pike Carlisle A, 17013 (717) 249-1919 610+667+3440 04/01/2011 13:19 #159 P.028/034 To: Gary Stuart From: David Johnson Fa= (915) 7747366 Pages: 3 (including cover) Phone 717-249-1919 Date: 10/19106 Re: Deb Russell CC: D Um4nt E1 For RevIew ? Please Comment ? Please Reply ? Please Recycle Gary, have sent you the pictures of the pump via a-mall. it you- have any questions I will be fierce a er 4pm today. great day, David ohD Ascodale MWX Fuel lsk SM (717)24 1919 11 he Z-? EXHIBIT NO. 1,;rV ka/ VaI D - 058 From:Lowenthal & Abrams StL3rt, Gary From: Sent: To: Subject A fuel island 3.JPG (126 KB) _l fuel island 1.JPG (70 KB) 610+667+3440 04/01/2011 13:19 #159 P.029/034 Fuel Island #36 Wednesday, October 18, 2006 11:03 PM Stuart, Gary 10-18-06 incident Deb Russell Irl island 2.JPG (100 KB) a y, Here are he pictures of the pump that Deb fell on. I have no pictures of her leg but she says that she took one. I took all of the information that I am faxing to you over the phone after her dispatcher called me and told me about what had happened. His name is Don and his phone number is 717-375-1743- Thank you, David Johnson Associate Manag, Fuel Island #36 (717) 249-1919 er 1 D-059 From:Lowenthal', & Abrams 610+667+3440 M GU?nG?ShI.c 1d Was h 4ryl 04101/2011 13:19 #159 P.030/034 D - 060 From:Lowentha[ & Abrams 2 610+667+3440 0410112011 1.:10 C #159 P.031/034 D-061 From:Lowenthal' & Abrams 610+667+3440 0410112011 13:20 #159 P.032/034 D - 062 / From:Lowenthal' & Abrams 610+667+3440 0410112011 13:20 fi GENERAL LIABILITY INCIDENT REPORT FA*: (91,6)774-7366 TEL: 1-800-331-8809, ext. 3294 r "k:3Q #159 P.033/034 G( CQMPLETE THIS SECTION ON ALL INCIDENTS PERS HA u PHON& N[TMBER TTILE I ON #I l (o ADORESS PROFIT CEN7ER DATE OF 77MB .11401) 0 6aQ Irk It PAI-M L,oo?n :15 P 3 b e a WHAT HAPPENED? ,ard araA5co l j q44 N (ard , t/T u. ? COMPLETE THIS SECTION ON ALL INCIDENTS P I VO q l? R A t? DRPS DA OF RTM PA 15-5-3-7 SQUAL ORCURMI W Mp - o l,lq,,tl6 1. _q BUBDUM ADDRM of ni.Aruvo r? n?a,r M g -? ra?C?gte . -- o pt-mac. ?t g s. -,I*,? vR 1 65iial-bu- OA 1-4,416? ..? Isl•?eiL oe -Taver'?;a wrrl+esses EXHIBIT INO.,_„_. a -7 From:Lowenthal' & Abrams i -1000 [Y: by 7172582::'--S 610+667+3440 0410112011 13:20 PETRO FUEL ISLAND CUSTO/M--ER INCIDENT INVESTIGATION REPORT LOCATION #`ZYP PROFIT CENTER: Cud Is tam #159 P.034/034 PAGE 03 CUSTOMER NAME: SS#: INCIDENT DATE: INCIDENT TIME: a; (? M WHERE? NATURE & EXTENT F INJURY_ jm kpa f ahus+_ 5ESCRtPT10N OF PIDEW: happened how, witnesses?) CUSkx-c CC co T160- h is Inns+. 44e ala ?s 4 ? bwause &V C?, dSe On.qht Is 1,9rd WA5 to by a Abe - rauertlia. INCIDENT CAUSE: ( y dkl accld8r?t occur, direct or d ' ct causes?) eeii,H d 7 snal mss Arr?'W2 n._8Sh, e??t ?cc,k.? -fie he was dtabc f-?nd aln-I-e? .?i?-mss, pnee end anew I yj cd? CORRECTIVE ACTIO14 REQ IRED: (what action taken to p (event eurrence?) y SCHEDULE FOR CORRECTIVE ACTION: (how, why & bywhom?) Pa4 ?nlac ' ARE PHOTOS ATTAC ED OF CUSTOMER AND SCENE? YES NO IF NOT, WHY? ?rj ? Avpl?abk tf MYfnkr-f lht? AANAGER'S PRINTED NAME s AANAGER'S SIGNATU DATE: 5 - 21D ?e?NO'? 7/U? r? I ?6 XN?$?T JEFFREY P. LOW NTHAL DENNIS M. ABRA S' JAMES B. MOGUL REGINA M. VOGE SONG " JOHN L. ARTS ESTHER M. GAL GHER, M.D.- STEVEN D. GITM JENNIFER G. D'S UZA" ALSO MEMBER W. CA, WV BAR •• ALSO MEMBER BAR ••• ALSO MEMBER N , NY, FL BAR CALL TOLL (800) 876-LA S 351 INJURY ATTORNEYS Lowenthal?????l PHILADELPHIA OFFICES SUITE 300 1800 JFK BOULEVARD PHILADELPHIA, PA 19103 SUITE 500 (215) 238-1130 555 CITY LINE AVENUE (215) 238-1132 BALA CYNWYD, PENNSYLVANIA 19004 4704 N. FIFTH STREET PHILADELPHIA, PA 19120 (215) 329-3511 (610) 667-7511 FAX ( 215) 329-3517 FAX (610) 667-3440 Email: @LOWABRAM.COM NEW JERSEY OFFICE web address: www.LowAbram.com SUITE 210 385 KINGS HIGHWAY NORTH CHERRY HILL, NJ 08034 (856) 667-7515 FAX (856) 667-8666 NEW YORK CITY OFFICE 319 BROADWAY, 4' FLOOR NEW YORK, NY 10007 UPSTATE NEW YORK OFFICE 397 ROUTE 281 P.O. BOX 430 TULLY, NY 13159-0430 December 7, 2010 .en L. Banko, Jr., Esquire olis Edelstein Trindle Road ) Hill, PA 17011 Re: Russell v. Petro Stopping Centers, L.P. Cumberland County CCP, No. 08-2725 Mr. Banko: It would appear that all written discovery has been exchanged, all depositions; have been completed and the defense medical examination has been done. Please advise whether your principal is in a position to now evaluate this case for .settlement. If we are not able to resolve this amicably, I suggest we Praecipe this cas for trial within the next 30 days. Thank you for your courtesy and cooperation in this matter. Very truly yours, R INA M. VOGEL NG /mis FILED-OFFICE OF TLIF. Fft0JT1 HO ND TAM LOWENTHAL & ABRAMS, P.C. By: Regina M. Vogelsong, Esquire Identification No: 57673 555 City Line Avenue, Suite 500 Bala Cynwyd, PA 19004-1105 (610) 667-7511 0 FIB 3 3 3 i i pAw, r-ryI }? 'xn f' "? t y? i .i ?. ?-5 7 it L, ...a J : `. ,i -- °Y!W Attorney for Plaintiffs DEBRA RUSSELL and LAWRENCE RUSSELL, w/h v. PETRO STOPPING CENTERS, L.P. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-2725 PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The document speaks for itself. 5. Admitted. It is admitted that Plaintiff responded to Interrogatories propounded by Defendant which had no date line. It is further admitted that Plaintiff verified those responses. Those responses were sent to defendant's attorney under cover letter dated 7/7/08. (See Exhibit "A") 6. Denied. The document speaks for itself. Plaintiff specifically denies the characterization of its response as "general". Furthermore, in Plaintiff's response to Interrogatory #11, Plaintiff states that the Defendant had actual notice and/or could reasonably be charged with notice in sufficient time to have taken measures to protect against the condition. 7. Denied. The document speaks for itself See also Plaintiff s response to interrogatory #11 in which Plaintiff states that the Defendant had actual notice and/or could reasonably be charged with notice in sufficient time to have taken measures to protect against the condition. 8. Admitted. 9. Denied. The testimony speaks for itself. Furthermore, the question asked on page 50, line 7 was whether Plaintiff had seen any diesel or water not whether she knew that the liquid she saw was a combination of diesel and water and that it presented a dangerous condition. 10. Denied. The testimony speaks for itself. None of the testimony referenced indicated that Plaintiff knew the liquid on the ground represented a dangerous condition at the time referenced on page 50 of Plaintiffs deposition. It is admitted that after her fall Plaintiff learned that it was a combination of water and diesel fuel which caused her to fall and which, in combination, causes a slippery dangerous condition. See Plaintiff s response to interrogatory #11. 11. Denied. The testimony speaks for itself. At no point was Plaintiff asked nor did she testify, that she knew before she fell that the liquid she saw was a combination of diesel and water and that she knew that combination create a slippery dangerous condition. 12. Denied. The testimony speaks for itself. At no point was Plaintiff asked nor did she testify, that she knew before she fell that the liquid she saw was a combination of diesel and water and that she knew that combination create a slippery dangerous condition. 13. Denied. It is admitted that after she fell to the ground, Plaintiff was discovered by her, then husband, who helped her up and into the Petro store where she attempted to tend to her injuries in the ladies room. (See Plaintiffs deposition page 58) 14. Denied. The testimony speaks for itself On the contrary, Plaintiff testified that she went back to her yard and reported the incident to her dispatcher who then called the Petro Station. At that time, Plaintiff spoke with Petro Manager and told him what had happened. (See Plaintiffs deposition pages 60-62) 15. Denied. The document speaks for itself. 16. Admitted that the Exhibit "E" contains Plaintiff's written answer to Defendant's Request For Admissions, however Defendant failed to include the documents referenced in those responses so that is not a full and complete response. 17. Denied. The allegations of this paragraph are denied both as averments of fact and conclusions of law. It is specifically denied that Plaintiff failed and refused to provide any evidence as to Defendant's actual or constructive knowledge of the "dangerous condition". On the contrary, Plaintiff cited Defendant's General Manager's own testimony that Defendant, inter alia: • Provided water hoses at the fuel pumps. • Knew their customers used water in that area. • Knew their customers spilled diesel fuel. • Recognized the combination of diesel and water as an especially slippery condition, having had prior similar accidents. • Permitted water to be used there anyway. • In light of the propensity for this dangerous condition, defendant required its employees to monitor the pumps. • The Defendant janitor-employee on duty that night had a specific duty to monitor and clean up any spills. • A substance called Petro Sorb was kept in a closet right at the pumps for that purpose. No one but Defendant's customers used the fuel islands and water hoses. Defendant's cashiers had a full view of the subject area from inside the building. (See Deposition testimony of David Johnson attached hereto as Exhibit "B") Furthermore, Plaintiff responded that there had been no vehicles fueling in the subject area immediately before her for a sufficient length of time for Defendant to have corrected the condition, blocked the subject lane and/or warned Plaintiff of the dangerous condition. Finally, Plaintiff stated that Defendant's janitor was present in the area of the spill and looked at it as he walked past it and failed to do anything to correct the condition, block access to the lane and/or warn Plaintiff. (See Plaintiffs Response to Defendant's Request For Admissions) 18. Denied. The allegations of this paragraph are denied both as averments of fact and conclusions of law. It is specifically denied that Plaintiff failed and refused to provide any evidence as to Defendant's actual or constructive knowledge of the "dangerous condition". On the contrary, Plaintiff cited Defendant's General Manager's own testimony that, inter alia: • Defendant provided water hoses at the fuel pumps. • Knew their customers used water in that area. • Knew their customers spilled diesel fuel. • Recognized the combination of diesel and water as an especially slippery condition, having had prior similar accidents. • Permitted water to be used there anyway. • In light of the propensity for this dangerous condition, defendant required his employees to monitor the pumps. • The Defendant janitor-employee on duty that night had a specific duty to monitor and clean up any spills. • A substance called Petro Sorb was kept in a closet right at the pumps for that purpose. • No one but Defendant's customers used the fuel islands and water hoses. • Defendant's cashiers had a full view of the subject area from inside the building. (See Deposition testimony of David Johnson attached hereto as Exhibit "B") Furthermore, Plaintiff responded that there had been no vehicles fueling in the subject area immediately before her for a sufficient length of time for Defendant to have corrected the condition, blocked the subject lane and/or warned Plaintiff of the dangerous condition. Finally, Plaintiff stated that Defendant janitor was present in the area of the spill and looked at it as he walked past it and failed to do anything to correct the condition, block access to the lane and/or warn Plaintiff. (See Plaintiffs Response to Defendant's Request For Admissions) 19. The document speaks for itself. 20. Denied. The document speaks for itself. While Plaintiff did not identify a person or persons by name, Plaintiff referenced Defendant's Manager testimony showing that it was Defendant's own customers who would use the water and spill the diesel fuel and no one else. (See Plaintiffs Answer to Defendant's Request For Admissions #1 and #5) 21. The document speaks for itself. 22. Denied. The document speaks for itself. The evidence from Plaintiff is that she saw that fuel lane for a sufficient time before entering it and there were no vehicles in it and that Defendant, whose employee was right there, had sufficient time to clean it, block it and/or warned about it. 23. Denied. The document speaks for itself. On the contrary, Plaintiff has quantified the period of time as at least enough time to clean, block and/or warn. 24. Denied. The document speaks for itself. On the contrary, Plaintiff states that Defendant's janitor was there and saw the spill with sufficient time before Plaintiff pulled into that lane to clean it, block the land and/or warn Plaintiff of the dangerous condition, which condition Defendant appreciated-but Plaintiff did not. 25. Admitted. 26. Denied. The document speaks for itself. While it is admitted that Plaintiff's attorney stated in the 12/7/2010 letter that it appeared that all written discovery had been exchanged, all depositions had been completed and the defense medical examination was done, Defendant's attorney apparently did not agree that that was the case and in fact sent out additional written discovery requests in the form of Request For Admissions and Request For Production of Documents on 3/16/2011 (3 months later). Furthermore, the Court has not imposed a discovery deadline. 27. It is admitted that this matter has not been listed for trial. 28. Denied. It is admitted that Plaintiff has the burden to provide evidence to show that Defendant either caused the defective condition or had actual or constructive notice of the defective condition-which Plaintiff has done here - in order to establish a prima facie case of negligence. 29. Denied. The allegations of this paragraphs are denied both as averments of fact and conclusions of law. 30. Denied. The allegations of this paragraphs are denied both as averments of fact and conclusions of law. 31. Denied. The allegations of this paragraphs are denied both as averments of fact and conclusions of law. 32. Denied. The allegations of this paragraphs are denied both as averments of fact and conclusions of law. 33. Denied. The allegations of this paragraphs are denied both as averments of fact and conclusions of law. LOWENTHAL & ABRAMS, P.C. By: RE A M. VOGELS G, , Q 'fiJIRE Attorney For Plaintiffs LOWENTHAL & ABRAMS, P.C. By: Regina M. Vogelsong, Esquire Identification No: 57673 555 City Line Avenue, Suite 500 Bala Cynwyd, PA 19004-1105 (610) 667-7511 Attorney for Plaintiffs DEBRA RUSSELL and LAWRENCE RUSSELL, w/h v. PETRO STOPPING CENTERS, L.P. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-2725 BRIEF OF PLAINTIFFS', DEBRA RUSSELL AND LAWRENCE RUSSELL IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 1. COUNTER HISTORY OF THE CASE On October 18, 2006 while a business invitee on Defendant's property, Plaintiff Debra Russell was caused to slip and fall due to a slippery and dangerous condition on the ground which she later found out was a combination of water and diesel fuel which had been spilled by Defendant's customers prior to Plaintiff entering Defendant's facility. Said condition was observed by Defendant's employee, the janitor assigned to that fuel island area, prior to Plaintiff pulling into that fuel island. Despite this actual knowledge, Defendant failed to do anything to clean up the spill, block the fuel lane or warn Plaintiff of the dangerous condition. Defendant had constructive knowledge of the dangerous condition as Defendant's General Manager, David Johnson testified that there had been prior similar incidents. Defendant assigned a janitor to the area whose duty it was to monitor and clean up these spills. Defendant had cones and a substance called Petro Sorb at the fuel islands to use in that regard. Defendant provided water to its customers to use in the islands and knew that customers spilled diesel fuel and that in combination with the water on the ground caused slippery conditions. No one other than Defendant's customers used the area in question including the water hoses and squeegees. Defendant not only had a janitor on duty in that area that night whose job was to clean up spills, but Defendant's other employees on duty had full view of the situs from their vantage point at the cashier windows. Plaintiff stated that from the time she arrived at Defendant's facility up to the point where she pulled into the subject fuel island, there were no trucks ahead of her in that island. There was therefore ample time during that period for Defendant to clean up the spill, block entrance to the island and/or warn Plaintiff of the condition. II. STATEMENT OF THE QUESTION INVOLVED Has Plaintiff produced evidence to show that Defendant had actual or constructive knowledge of the dangerous condition sufficient to make out a prima facie case on the issue of Notice and thus overcome Defendant's Motion For Summary Judgment? Suggested Answer: Yes III. ARGUMENT A. The standard for granting of a summary judgment motion Summary Judgment is only properly filed whenever there is no genuine issue of any material fact as to a necessary element of the cause or action or if, the adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action. Pa. R.C.P. No. 1035.2(1)(2) (2009). However, the present matter involves several issues of material fact and Plaintiff has produced evidence of facts essential to her cause of action. When a Motion For Summary Judgment is filed, the moving party has the burden to prove that the material facts are undisputed. Davis v. Resources for Human Development, Inc., 2 2001 PA Super 73, 770, A. 2d 353, 356-57 (Pa. Super2001). Of course, the nonmoving party must demonstrate that there is a genuine issue for trial. Id. However, at the same time, the Court must examine the record in the light most favorable to the nonmoving party, giving that party the benefit of all reasonable inferences. George Stash & Sons v. New Holland Credit Com LLC 2006 PA Super 206, 8, 905, A.2d 542, 542 (2006), Hoffman v. Brandywine Hospital, 443 Pa. Super. 245, 661, A.2d 397, 399 (Pa. Super 1995). Clearly it is disputed between the parties as to whether the Plaintiff, Debra Russell, fell on the property owned by defendant, Petro Stopping Center as a result of a slippery condition caused by a combination of diesel fuel and water of which Defendant had actual and/or constructive notice. Plaintiff contends that the Defendant had actual knowledge of the condition, as its employee was in the area and looked at the spill (See Plaintiffs Answer to Request For Admissions #5 attached to Defendant's Motion For Summary Judgment as Exhibit "E"). Plaintiff further asserts that Defendant had constructive notice of the defective condition as the defective condition existed for at least the entire time Plaintiff arrived at the Defendant's station before pulling into the island fuel pump, which was a sufficient amount of time for defendant to have cleaned up the spill, blocked access to the fuel island and/or warn Plaintiff of the dangerous condition. Furthermore, Defendant knew from prior similar accidents that these spills happen and create dangerous and slippery conditions for Defendant's business invitees. They were on notice of the problem and attempted to ameliorate the problem by assigning Defendant employee janitors to the area and having them monitor for spills and clean up. Unfortunately for Plaintiffs in this case, Defendant's janitor negligence performed his duties and Defendant did nothing to clean up, block the island or warn Plaintiff. (See Plaintiffs Answer to Defendant's Request For Admission attached to Defendant's Motion For Summary Judgment as Exhibit "E") 3 B. Evidence that Defendant had actual and/or constructive knowledge of the dangerous defective condition There is ample evidence adduced through discovery that Defendant had actual and constructive notice of the dangerous condition which caused Plaintiff's fall. Plaintiff asserted that Defendant's own employee, the janitor who was assigned to monitor, that fuel island, was in fact there, in that area prior to Plaintiff pulling into that fuel island. Furthermore, Defendant's employee looked at the spill on the ground but did nothing to attempt to clean it up, block access to the fuel lane and/or warn Plaintiff of the dangerous condition (See Plaintiffs Answer to Defendant's Request For Admissions #4 attached to Defendant's Motion For Summary Judgment as Exhibit "E"). Therefore, it is obvious that Defendant had actual knowledge of the condition prior to the fall but failed to do anything to protect Plaintiff from that dangerous condition. In addition to actual knowledge, there is also a copious amount of evidence that Defendant had constructive knowledge of the dangerous condition. Defendant's General Manager, David Johnson, who was present at the time of Plaintiff's fall testified that: • Defendant provided water hoses for its customers to use in the fuel islands. • Those customers typically used the water to fill dog bowls , wash off their trucks, etc. • No one other than Defendant's customers used the fuel islands. • Defendant knew that truckers spill fuel in the area of Plaintiff s fall and used the water hoses and squeegees all around that area. • From prior similar accident at Defendant's station in the fuel lanes, Defendant knew these spill consisting of diesel fuel and water created a slip and fall hazard and therefore, there was heightened need for Defendant employees to monitor the conditions around the fuel islands. 4 • The night of Plaintiff's accident and at the time of her accident Defendant janitor- employee on duty had the specific responsibility to monitor the area and clean up spills by using the Petro Sorb kept in the janitor closest by the pumps. • Defendant cashier employees inside the building had a full view of the subject area from the windows inside the building. (See Johnson's Deposition testimony pages 12-16,19-20, 22-31, 35, 41-42, 56-57, 59-60, 74-76, 80 and 83 as well as Exhibits to Johnson's deposition identified as Johnson 2, 6 & 7 attached hereto as Exhibit (161399) As further evidence of Defendant's constructive knowledge, Plaintiff stated that there were no trucks ahead of her in that fuel island and that was the case the entire time from when she pulled into the Defendant's facility until she entered the subject island. During that time Defendant, whose janitor-employee was positioned right there and who recognized and appreciated the dangerous condition posed by the diesel fuel and water on the ground and did nothing to attempt to clean it up, block access to the islands with orange cones which it had for such purposes, nor to warn Plaintiff in any way, of the dangerous condition. (See Plaintiff's Answer to Defendant's Request For Admissions #2 attached to Defendant's Motion For Summary Judgment as Exhibit "E") In its Brief, Defendant has cited the 1960 Pennsylvania Superior Court case of Actman v. Zuvrow, 191 Pa. Super 516 A.2d 30 (1960). In that case the Court affirmed a non-suit against the Plaintiff, which is a different standard than the prima facie standard to overcome a Motion For Summary Judgment. Nonetheless, The Court in Actman granted the non-suit because Plaintiff had offered no proof whatsoever at trial of having charged the Defendant building owner with notice of oil or grease Id 159 A.2d at 31. That is not the case here where Plaintiff has offered ample evidence that Defendant had both constructive and actual notice of the spill. Defendant attempts to argue that the fact that Plaintiff reported the incident approximately 1 hour after it happened opposed to when it happened "strains credulity" and therefore has some bearing to the issue sub judice. The reasons Plaintiff waited until she got back to her truck yard to report the incident - have absolutely no bearing on the issue of whether Defendant had notice of the defective condition and are inappropriate for counsel to argue in a Motion For Summary Judgment. At best this is a credibility consideration for the jury. Defendant also cites Moultrey v. The Great A&P Tea Com, 281 Pa. Super 525, 422 A.2d 593 (1980). That court ruled that Plaintiff did not prove that Defendant had actual or constructive notice and granted Defendant's non-suit, again not the same burden of proof as required to overcome a Motion For Summary Judgment. Nonetheless in our case, Plaintiff has produced ample evidence of Defendant's constructive and actual notice of the defect. In the Miller case which Plaintiff cites 74 Pa. D & C 4th 449 (Dauphin County) 2005 the Court granted Defendant's Motion For Summary Judgment because Plaintiff couldn't produce direct circumstantial evidence of notice which was fatal to his case. However, in our case Plaintiff has provide ample evidence of notice, both actual and constructive. Section 343 of the Restatement (Second) of Torts sets forth the duty owed to invitees: A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he (a) knows or by the exercise of reasonable care would discover the condition, and should realized that it involves an unreasonable risk of harm to such invitees, and (b) should expect that they will not discover or realize the anger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger. Restatement (Second) of Torts, §343. 6 Defendant, as the moving party, bears the burden to show that no material issue exists for trial. Davis v. Resources for Human Development Inc. 2001 Pa. Super 73, 770, A.2d 353, 356- 357 (Pa. Super 2001). It is up the jury to determine whether Defendant landowner, knew or exercised reasonable care to discover the defective condition where as here Plaintiff demonstrated ample evidence of both IV. CONCLUSION For the reasons stated above, Plaintiffs, Debra Russell and Lawrence Russell, respectfully request that the Motion for Summary Judgment of Defendant, Petro Stopping Centers, L.P. , be denied. Respectfully Submitted, LOWENTHAL & ABRAMS, P.C. By: RE A M. VOGELSO G, ES Attorney For Plaintiffs 7 EXHIBIT 66 A" INJURY ATTORNEYS JEFFREY P. LOWENTHAL Lowenthal NEW JERSEY OFFICE DENNIS M. ABRAMS* SUITE 210 JAMES B. MOGUL** 385 KINGS HIGHWAY NORTH SUITE 500 JOHN L. ARIS CHERRY HILL 555 CITY LINE AVENUE NEW JERSEY 08034 ESTHER M. GALLAGHER, M.D.' • • BALA CYNWYD, PENNSYLVANIA 19004 (856) 667-7515 EDWARD B. FEINER• * FAX (856) 667.8666 RICHARD J. ZEMBLE•' • • (610) 667-7511 FAX (610) 667-3440 Email: RICH@LOWABRAM.COM CALL TOLL FREE 'ALSO MEMBER NJ, CA, WV BAR web address: www.LowAbram.com (800) 876-LAWYER "ALSO MEMBER NJ BAR .ALSO MEMBER NJ, NY, FL BAR *-ALSO MEMBER DE BAR July 7, 2008 Stephen L. Banko, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Re: Russells v. Petro Stopping Centers, L.P. Dear Mr. Banko, Enclosed please find Plaintiffs' Response to Defendant's Interrogatories and Request to Production of Documents. Sincerely, -7*? Richard Zemble EXHIBIT 66 B" .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CONDENSED COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEBRA RUSSELL and LAWRENCE RUSSELL, w/h 2577 Boy Scout Drive Hustontown, PA 17229 Plaintiffs, TERM, 2008 -vs- NO. 08-2725 PETRO STOPPING CENTERS, LLP 1201 Harrisburg Pike . Carlisle, PA 17013, Defendant. Friday, February 27, 2009 Oral deposition of DAVID JOHNSON, held at MARGOLIS EDELSTEIN, 3510 Trindle Road, Camp Hill, Pennsylvania, commencing at 10:00 a.m., on the above date, before Denise L. Travis, Court Reporter and Notary Public in the Commonwealth of Pennsylvania. LOVE COURT REPORTING, INC. 1500 Market Street 12th Floor, East Tower Philadelphia, Pennsylvania 19102 (215) 568-5599 David Johnson 1 APPEARANCES: Page 2 1 INDEX Page 4 2 3 LOWENTHAL & ABRAMS, P.C. BY: DIANA P. SISUM, ESQUIRE 2 3 WITNESS: PAGE 4 555 City Avenue 4 DAVID JOHNSON Suite 500 5 5 Bala Cynwyd, PA 19004 6 EXAMINATION (610) 667-7511 7 By Ms. Sisum 5 6 Representing the Plaintiffs 8 EXAMINATION 7 8 MARGOLIS EDELSTEIN 9 By Mr. Banko 82 BY: STEPHEN L. BANKO, ESQUIRE 10 9 3510 Trindle Road 11 Camp Hill, PA 17011 12 EXHIBITS 10 (717) 975-8114 13 NO. DESCRIPTION PAGE 11 Representing the Defendant 14 Johnson 1 Customer Incident 12 15 Investigation Report 48 13 16 Johnson 2 Fax, 10/19/06, Johnson to 14 17 Stuart 50 15 18 Johnson 3 General Liability Incident 16 Report 57 17 19 Johnson 4 Statement 61 18 19 20 Johnson 5 Handwritten Note 71 0 21 Johnson 6 General Liability Incident 21 22 Report 74 22 23 Johnson 7 Customer Incident 23 Investigation Report 74 24 24 Johnson 8 Memorandum, 8/12/08, 25 25 Brenneman to Banko 79 1 DEPOSITION SUPPORT INDEX Page 3 1 _ _ _ Page 5 2 3 2 PROCEEDINGS 3 --- 4 DIRECTIONS NOT TO ANSWER: 4 STIPULATION OF COUNSEL 5 PAGES: None. 5 --- 6 7 6 (It is stipulated by and between 8 7 counsel for the respective parties that the 9 8 reading, signing, sealing, certification, and 9 filing are waived, and that all objections 10 REQUESTS FOR DOCUMENTS OR INFORMATION: 10 , except as to the form of the question are 1 I PAGES: None. 11 , reserved to the time of trial.) 12 12 --- 13 14 13 DAVID JOHNSON, having been duly 15 14 sworn, was examined and testified as follows: 16 STIPULATIONS AND/OR STATEMENTS: 15 16 --- EXAMINATION 17 PAGES: 5 17 18 19 18 BY MS. SISUM: 20 19 Q Good morning, Mr. Johnson. 21 20 A Good morning. 22 MARKED QUESTIONS: 21 Q We met a little earlier in the 23 PAGES: None 22 lobby. Again, my name is Diana Sisum. I 24 . 23 represent the plaintiffs in this matter who are 25 24 Debra Russell and Lawrence Russell. They've 25 brought a lawsuit against the Petro Stopping 2 (Pages 2 to 5) Love Court Re portin g, Inc. David Johnson 1 Page 6 Center. It's my understanding that you were a 1 Page 8 understand the question. 2 manager or possibly still are a manager there. 2 A Sure. 3 And we're here for a deposition. 3 Q If you do respond, it's going to be 4 Have you ever been to a deposition 4 assumed that you heard the question, you 5 before? 5 understood it, and your response is to that 6 A Not like this, no. 6 question. 7 Q Okay. Let me just give you a little 7 If for whatever reason you just 8 idea of what I'm going to do today and some of 8 don't remember something, you just don't know 9 the instructions we would like you to follow. 9 , that's perfectly fine. You can tell me you don't 10 You can see there's a court reporter here, and 10 know, you don't remember. I don't want you to 11 she is taking down everything that is being said 11 guess at all. Obviously, that doesn't help 12 today. 12 either side here. 13 A Sure. 13 A Right. 14 Q So we ask that you speak your 14 Q We're just trying to put the pieces 15 answers obviously rather than nodding your head, 15 of the puzzle together as best we can. 16 shrugging your shoulders, that sort of thing. 16 A Gotcha. 17 A Okay. 17 Q Since you're a sort of witness to 18 Q She can't interpret those. She has 18 this incident, you know, we want to make sure we 19 to write down whatever you actually say. 19 get whatever information that you know based on 20 A Okay. 20 the questions that I ask you here today. 21 Q We also ask that you try not to use 21 A Okay. 22 things like uh-huh, uh-uh. Although I may know 22 Q Again, if there's anything else you 23 what you mean, on paper when you mean uh-huh 23 need, if you need to get a drink, get up use the 24 meaning yes, it may look like a no. 24 , facilities, just stretch, that's fine. I'm not 25 .A Sure. 25 going to keep you here all day or anything. But, 1 Page 7 Q And it's hard to interpret. So we l Page 9 you know, anytime you need a break just let us 2 want to make sure that your response is clear on 2 , know, and we'll accommodate you. 3 the record. 3 A Okay. 4 5 Really important today is for you to 4 Is ou s make sure that you allow me to finish my question 5 wouldn't be able to hear, understand my 6 7 before you begin your answers for a few reasons, f 6 questions, or respond because, you know you're 8 irst of which is so that the court reporter can 7 , too tired, you're on medication, anything like take down the whole question and then your 8 that? 9 10 answer. A Right. 9 A Nope. I 1 Q But also and more importantly, it's 10 11 Q Can you tell me your full name? A David A Johnson 12 to make sure that you hear and understand my 12 . . And what does A stand for? Q 13 question before you begin your answer. In normal 13 A Al len 14 15 conversation, people tend to interrupt one 14 . do you spell that? Q And o another and anticipate what the next question is. 15 A n e 16 17 And although you may know what the next question i b ' 16 Q Mr. Johnson, how old are you today? s, may e at the end I ll change it up a little 17 A Twenty-four 18 19 bit or I may be a little more specific than you 18 . What is your date of birth? anticipate. So I do want to make sure you 19 A A January 6th 1985 20 21 understand the question. If for whatever reason you don't 20 , . Q And where do you currently live? 22 understand it, you don't hear me, you know, you 21 22 A I live in Mechanicsburg, Pennsylvania. 23 24 just need me to repeat it for whatever reason, l 23 And what is your address in et me know that. I can certainly repeat it I 24 h Mechanicsburg? 25 can rephrase it, whatever it is that you need to 25 A 907 Scottish Court. And the zip 3 (Pages 6 to 9) Love Court Re porting, Inc. David Johnson 1 Page 10 code is 17050. 1 Page 12 A New Paris, Ohio. 2 Q And how long have you lived there? 2 Q Where was that? 3 A I've lived there since November. 3 A New Paris, Ohio. 4 Q And where did you live prior to 4 Q And how long were you working there? 5 that? 5 A 2004. 6 A I lived at 110 Winchester Gardens in 6 Q So 2004 to 2006? 7 Carlisle.. 7 A Um-hum. 8 Q And is there an apartment number? 8 MR. BANKO: Yes? 9 A No. 9 THE WITNESS: Yes. 10 Q How long did you live at the 10 MS. SISUM: Thank you. 11 Winchester Gardens address? 11 THE WITNESS: I'm sorry. 12 A Almost three years. 12 MS. SISUM: Sometimes even I forget. 13 Q And are you married? 13 BY MS. SISUM: 14 A No. 14 Q Before the New Paris, Ohio, did you 15 Q Do you have any children? 15 work for Petro Stopping Center anywhere else? 16 A No, ma'am. 16 A No, ma'am. 17 Q Can you tell me what your highest 17 Q So total for Petro Stopping Centers, 18 level of education is? 18 or whoever owned it, you've been working for that 19 20 A High school. 19 company or organization since 2004 to the Q And where did you go? 20 present? 21 A Richmond High School. 21 A Correct. 22 Q And where is that? 22 Q And has your position always been 23 A Richmond, Indiana. 23 the same? 24 Q And did you grow up in Indiana? 24 A Since I've moved to Pennsylvania 25 A Yes, ma'am. 25 , yes. 1 Page 11 Q Have you had any further training I Page 13 Q Okay. So what is your current 2 beyond high school such as vocational training or 2 position? 3 any kind of certificate program, anything like 3 A Associate general manager. 4 5 that? A No ma'am 4 Q Did you have a different position 6 , . 5 when you were at the Ohio Petro Stopping Center? PP?mg Q Do you have any kind of professional 6 A I was a team leader 7 8 licenses? 7 . Q Tell me what you -- what your duties 9 A No. Q Who do you currently work for? 8 9 are as an associate general manager. A I cover dead spots. I cashier over 10 A Travel Centers of America. 10 breaks. I do employee counselings. I do 11 12 Q And how long have you worked for 11 schedules, flip burgers. Basically anything that Travel Centers of America? 12 needs done, I have to do it 13 A I've worked there since they took 13 . Q And do you report to anyone? 14 over in 2007. It was previously Petro Stopping 14 A I report to m y general manager 15 16 Centers. Q Are you still working -- or which 15 16 . Q And is the general manager usually ' 17 Petro Stopping Center are you working at? 17 someone that s on site? A No. 18 19 A Carlisle. Q And how long have you worked at that 18 19 Q Are you, for lack of a better term, basically in charge while you're on site? 20 particular Petro Stopping Center? 20 A Correct 21 22 A Since 2006. Q And before 2006, did you work for a 21 22 . Q And how many employees do you 23 different Petro Stopping Center? 23 oversee? A On my shift there's six or seven 24 25 A Yes, ma'am. Q Which one is that? 24 , . Q So do you only oversee the employees 25 that are on your particular shift? 4 (Pages 10 to 13) Love Court Re porting, Inc. David Johnson 1 Page 14 A Yes. 1 Page 16 located by the pumps, or are they inside a store? 2 Q Are there other associate general 2 A They're inside the store. There's a 3 managers? 3 cashier on either side of the building. You have 4 A No. 4 Pumps 1 through 6 on the one side of the 5 Q Who oversees the employees when - 5 building, 7 through 12 on another. And there's a 6 that are not working your shift? 6 cashier at both sides. 7 A The general manager when he's there. 7 Q So there's 12 pumps all together? 8 Q What other positions do employees 8 A Yes, ma'am. 9 hold other than obviously yourself? You said 9 Q And are there any employees who 10 you're the associate general manager. What kind 10 specifically work at the pumps either assisting 11 of employees are you overseeing, in other words? I 1 customers, anything like that? 12 A Cashiers, janitors, maintenance 12 A No, ma'am. 13 people. 13 Q Is this purely self-service? 14 MR. BANKO: Can we go off the 14 A Yes. 15 record? 15 Q So there's no full-service pumps? 16 (Discussion held off the record.) 16 A No. 17 BY MS. SISUM: 17 Q Do the cashiers have a view of the 18 Q In terms of the people that you 18 pump area? 19 oversee, are these - are you only in charge of a 19 A Yes, until a truck pulls up beside 20 certain area of the Petro Stopping Center? 20 the building after they fuel. 21 A Yes. I'm in charge of the fuel 21 Q Do you mean if a truck pulls up, 22 23 island. 22 it's blocking their view? Is that what you mean? Q And do the other areas have their 23 A Yes. 24 own associate general managers? 24 Q So there's a window for the cashiers 25 A Something to that nature, yes. 25 to look out onto the pump area? 1 Page 15 Q Okay. So when you say you're in 1 Page 17 A Yes. 2 charge of the fuel island, what does that consist 2 Q If there are no trucks, they can see 3 4 or 3 all the pumps. Is that what you're -- A It consists of the fuel pumps. And 4 A Yes, ma'am. 5 I have a little convenience store area, and I 5 Q Have you ever been convicted of a 6 also have a deli. 6 crime? 7 Q What duties, if any, do you have 7 A No. 8 9 with regard to the fuel pump area? 8 Q And I don't mean to startle you with 10 A Could you repeat that? Q S Y 9 that question. I ask that of all witnesses. ure. ou said part of your - what 10 Sorry. rY• I you oversee is the fuel pumps. Is that correct? I 1 A Traffic tickets 12 13 14 A Yes. Q And in terms of that, what is it 12 13 . Q I should have told you that. I should have qualified that. People look at you that - what employees do you have that you 14 like wh Y• 15 16 oversee with respect to the fuel pumps? 15 H?Y• So just so I can get a clear 17 A Fuel desk cashiers. And they're responsible for turning on the pumps taking 16 17 understanding -- and I'm fairly certain I do. 18 , payment for diesel But you mentioned that there's a convenience 19 . Q Do you have any employees who 18 19 store and then there's the 12 fuel pumps. Correct? 20 perform maintenance in and around the pump area? 20 A Right. 21 22 A Yes, the janitors. Q Any other employees who work in and 21 22 Q And is that the area that you 23 around the pump area? 23 oversee? A Correct 24 25 A I myself do. Q You mentioned cashiers. Are they 24 25 . Q How far away from the fuel pumps is the store itself, if you can approximate? 5 (Pages 14 to 17) Love Court Re portin g, Inc. David Johnson I Page 18 A I'm uncertain. I don't know. 1 Page 20 what do you refer to -- 2 Q You mentioned that there is -- 2 A It's both. It's kind of like a 3 there's some maintenance people or janitorial 3 50150 thing. 4 people, I believe, that would work by the fuel 4 Q Okay. And these maintenance 5 pump area. 5 people -- we'll refer to them as maintenance 6 These janitorial or maintenance 6 people. 7 people, are they exclusively working by the pumps 7 These maintenance people, do they -- 8 or are they for the whole property? 8 where are they stationed, if anywhere? 9 A It's for the whole profit center. 9 A They just -- they float in the 10 Q The whole? 10 building, because if somebody spills something on I 1 A Profit center for the fuel island. 11 the floor, you know, they clean that up. 12 Q What do you mean when you say 12 Q Do they have any kind of 13 "profit center"? 13 workstations or areas right by the fuel pumps 14 A That's how we break it down. We 14 where they keep their materials for maintenance? 15 have travel store, restaurant, fuel island, shop. 15 A Um-hum. There's a janitorial closet 16 Those are profit centers. And each profit center 16 where we keep the boom socks, you know, the 17 has their own employees. 17 PetroSorb, stuff like that, and -- 18 Q So when you say "profit center," is 18 Q Go ahead. 19 the fuel pump area considered a profit center? 19 A And extra, you know, pieces, parts, 20 A The fuel island is a profit center, 20 and breakaways, hoses, nozzles, stuff like that 21 yes. 21 that they would need to keep a pump operational. 22 Q Fuel island. You would refer to it 22 Q I think before you said something 23 as a fuel island? 23 about PetroSorb; but before that, you said -- 24 A Uh-huh. 24 A Boom socks. 25 Q And the fuel island, does that only 25 Q What is that. 1 Page 19 include the pumps or does that also include the I Page 21 A It's a big tube that you can put 2 store? 2 down to stop the flow of any diesel or fluid or 3 A It's the store as well. My part of 3 whatever is leaking. 4 the convenience store, not the main building's 4 Q And where would you put that 5 travel store. 5 specifically? 6 Q So the convenience store and the 6 A Around the perimeter of a major 7 pumps are considered the fuel island? 7 spill like 25 gallons or more. 8 9 A Um-hum. Yes, ma'am. 8 Q And can you repeat again what that's Q And so the convenience store and the 9 called? 10 pumps have -- or the fuel island has its own 10 A Boom'sock. 11 maintenance staff? 11 Q Oh, s-o-g? 12 A Convect. 12 A S-o-c-k 13 Q And what do the maintenance staff - 13 . Like actual sock? Q 14 what are their duties with regard to the fuel 14 A Right. 15 16 island? A They change the trash at the pumps 15 16 Q Okay. And is that used in 17 . They clean up any fuel spills at the pumps. And 17 conjunction with the PetroSorb? A No. The boom sock is only used if 18 19 then they just generally -- if somebody has a 18 it's a major spill. The PetroSorb is used if problem turning a pump on, I send them out to 19 , you know, it's just a little piddle 20 help them in case -- because they have more of a 20 . Q What is PetroSorb? 21 knowledge of, you know, a pulsar gear is broke or 21 A It's like kitty litter 22 23 if it needs a new breakaway or nozzle, stuff like 22 . Q Is this something that is made by 24 that. Q And where are the -- are they 23 24 Petro Stopping Centers? 25 maintenance people, or are they janitorial? What 25 A No. Q They just call it that. 6 (Pages 18 to 21) Love Court Re portin g, Inc. David Johnson I Page 22 A Yeah, for petroleum. 1 Page 24 that? 2 Q And so there's no full-serve 2 A No. It would get stolen too easy. 3 facility at the stopping center? 3 Q These fuel pumps, is this purely an 4 A No, ma'am. 4 area where trucks come in, or do any other types 5 Q Besides the actual gas pumps, what 5 of vehicles come in? 6 else is located around the gas pump area -- or 6 A Just trucks. It's a closed lot for 7 fuel pump area? 7 truck drivers only. 8 MR. BANKO: There are no gas pumps 8 Q When you say "it's a closed lot," 9 there. 9 what does that mean? 10 MS. SISUM: I should call it fuel 10 A We don't allow four-wheel traffic 11 pumps. 11 back there as a convenience to the drivers 12 THE WITNESS: There's, you know, 12 . Q Other than pumping their fuel, maybe 13 trash cans, water hoses for windshields 13 using the water hoses for their windshields, is 14 or headlights, whatever, fill up your 14 there anything else that the truck drivers do by 15 radiator. 15 the gas pumps or fuel pumps? 16 BY MS. SISUM: 16 A They clean their windows with the 17 Q And where are the water hoses with 17 squeegees that are out there. 18 regards to the fuel pumps? 18 Q So you have squeegees out there? 19 A If you know how it's laid out, 19 A Yes, if they're not broken or 20 there's a fuel pump. And then at every other 20 stolen. 21 fuel pump, there's a tower. It's designed for 21 Q You must have to keep a big supply 22 water and air, but we don't have air. So it's 22 of those on hand? 23 just water. 23 A Oh, yes. 24 Q And do you have any idea as to how 24 Q Do you see some of the truck drivers 25 long the hoses are that are used? 25 hosing off their trucks by the pumps? I Page 23 A No. They're long enough to go 1 Page 25 A Sometimes. I stop them, because 2 from -- because it shares two pumps, because 2 they're supposed to take that to the truck wash 3 that's -- you know, every other pump has one, and 3 that we have on site. 4 it has to cover all of the pumps. So it's long 4 Q So something is usually said to 5 enough to reach one side or the other. 5 someone if you happen to notice them doing that? 6 Q And so the reason that they're there 6 A Oh, yes. 7 is either to fill up water reservoirs in a truck 7 Q But they're allowed to wash up their 8 or clean off windshields, things like that? 8 windows by the pump area? 9 A It's a convenience to the customer, 9 A Correct. 10 whatever they need it for. People use it to put 10 Q Do you ever see puddles of water on 11 water in their dog bowl for their dog to drink. ' 11 the ground from the water hoses that are by the 12 I ve had some pretty strange requests. 12 fuel pumps? 13 MS. SISUM: Off the record. 13 A No. 14 (Discussion held off the record.) 14 Q So when the truck drivers wash off 15 16 BY MS. SISUM: 15 their windows, the water doesn't spill onto the Q With regard to the hose itself, is 16 ground? 17 it like the type of hose you would -- like a 17 A If you were to pull into the pump 18 garden hose with a nozzle, that sort of thing? 18 , the concrete goes down into a drain So if 19 A No. It's got a nipple on it where 19 . there's any water like from them doing that down 20 it only turns on where you push down on it, and 20 , into the drain into an oil-water separator. 21 22 then it turns on. 21 Q So you don't see, like, puddles or Q And do you have any other liquids by 22 accumulation of water? 23 the fuel pump area? 23 A No. 24 25 A No. Q No cleaning solutions, things like 24 25 Q But water does run down the concrete area? 7 (Pages 22 to 25) Love Court Reporting, Inc. David Johnson I Page 26 A Correct. 1 Page 28 A No. It's about once a week. Truck 2 Q I should step back What kind of 2 drivers are pretty knowledgeable about when they 3 material is on the ground? Is it concrete, or is 3 need to turn the pump off. 4 it blacktop? 4 Q Do the truck drivers ever hook in 5 A It's concrete. 5 the hose and then walk away from their trucks? 6 Q What kind of fuel is at the pumps? 6 A To, go to -- sometimes. 7 A Ultra-low sulfur diesel. 7 Q Is that something that is allowed? 8 Q What is it called? 8 A Not really, because we have signage 9 A Ultra-low sulfur diesel. 9 that says you must stay with your truck while 10 Q Ultra low? 10 fueling. 11 A Sulfur. 11 Q Have you ever seen fuel spilling out 12 Q Sulfur diesel? 12 of a truck? 13 A Um-hum. 13 A Yes, 14 Q Is that the only kind of fuel you 14 Q And how often would you see 15 have there? 15 something like that, if you can approximate? 16 A Yes. It's all we're allowed to 16 A Twice a year. 17 sell. I think in 2006 we were still selling low 17 Q Have you ever seen fuel spill out of 18 sulfur diesel. 18 a hose whether the truck driver is putting the 19 Q Low sulfur diesel as opposed to 19 hose into the truck or taking it out? 20 ultra low? 20 A No. 21 A Yes. It was a federal thing that we 21 Q So the hose or the nozzle of the 22 had to be in compliance with. 22 gas -- of the fuel pumps -- I keep on saying gas, 23 Q So you seem to have an understanding 23 gosh. Let me start that question over again. 24 that this accident happened back in 2006? 24 Do you ever see any fuel spill from 25 A Yes. 25 the nozzle of the fuel pumps, you know, outside 1 Page 27 Q That's why you mentioned that I Page 29 of the tank of the truck? 2 obviously? 2 A Like, do you mean diesel on the side 3 A Yes. 3 of the tank? 4 Q Has any of the -- has the 4 Q I assume the way the truck drivers 5 configuration of the fuel island changed at all 5 fill their tanks is that these are similar to gas 6 7 since 2006? A ' 6 pumps where they have nozzles like at a gas 8 No; ma am. 7 pump -- Q Do you ever see fuel spills by the 8 A Right. 9 10 fuel pumps? A Sometimes 9 Q - something to that effect. I I . Q And does that ever accumulate in 10 1 I My question is specifically to those nozzles whether they are taking it and putting it 12 13 puddles at all? A No 12 . into the truck or putting it back onto the pump 14 . Q And does that also drain into the 13 14 itself. Do you ever see some fuel spill from 15 same area where the water would drain? 15 that whether it's drops or -- 16 A Correct. 16 A No. 17 Q Do you ever see any of the truck 17 Q Do people ever fill portable 18 drivers overfill their tanks? 18 containers with the fuel there? 19 A Sometimes. 19 A No 20 21 Q How often does that happen, if you 20 . Q Is there any kind of material pt 22 can approximate? Like in a given week - does it 21 by the pumps for cleaning up fuel spills? happen more than once a week? 22 A There's spill response kits at 23 24 A No. Q How about fuel spills generally do 23 24 either side of the island. 25 , you see that more than once a week? 25 Q And is that for your maintenance people to use, or is that or the customers to 8 (Pages 26 to 29) Love Court Re porting, Inc. David Johnson 1 Page 30 use? 1 Page 32 Q Are there any written procedures 2 A They're clearly labeled for anybody 2 that pertain specifically to the inspections that 3 to use. 3 are -- that these janitors are supposed to 4 Q And when you say "spill response 4 perform at the pump area? 5 kits," does that mean that there's multiple 5 A There are not. I don't think there 6 things in this kit? 6 are. 7 A It's basically the kitty litter 7 Q You're not aware of any? 8 stuff, the PetroSorb. 8 A No. We've never had any. 9 Q And -- go ahead. 9 Q Other than the janitorial staff, 10 A On the side, it says spill kit. 10 does anyone else perform any kind of inspections 11 It's on either side of the building. 11 by the fuel pumps? 12 Q Of the building or the pumps 12 A It would only be me. 13 themselves? 13 Q Yourself? 14 A The building. You can see either 14 A Correct. 15 way. 15 Q And how often do you do that. 16 Q How big are these containers? 16 A Whenever it's needed. If somebody 17 A They're a little bit bigger -- 17 says, you know, hey, this pump is not working, I 18 they're kind of like a rosy roller. 18 go out and I check them. 19 Q I'm not sure what a rosy roller is? 19 Q Do you have any routine inspection 20 A It's what you put your trash in -- 20 procedure that you undertake, for example, that 21 22 Q Oh, okay. A -- the big green things. It's kind 21 22 you go out every hour or twice a day and you specifically look around at the pump area, that 23 of just like that. 23 sort of thing? Do you do anything like that? 24 Q And is it portable? 24 A No. 25 A Yes. 25 Q And are the janitorial staff 1 Page 31 Q And is there anything in there like 1 Page 33 required to do any set inspections like every so 2 some sort of a shovel or other tool that they can 2 often, or is it at their discretion? 3 use to put this stuff out? 3 A It's not set. It's basically if 4 A There's a scoop in it. 4 they see something wrong, they fix it or report 5 Q Scoop is the word I was looking for. 5 it to me if they can't fix it. 6 7 A Scoop. 6 Q Do you have any idea how often the Q Are there any materials kept by the 7 janitorial staff are out by the fuel pumps? 8 pumps to prevent the ground from becoming 8 A At least two, three times an hour 9 slippery at all? 9 getting trash or picking up after truck drivers 10 A Not at the pumps. 10 . It's an all-day thing. 11 Q Do any specific employees monitor 1 I Q So any inspections you perform is 12 13 the fuel pump area? 12 basically when needed or when someone tells you? A The janitors. 13 A Right. 14 15 Q And what kinds of things are they 14 Q Whenever you perform an inspection 16 supposed to be looking for? 15 of the fuel pump area, do you document that 17 A Full trash cans, just anything out 16 anywhere, like, in writing? of the norm. If a pump has been blocked off and 17 A No. 18 19 we don't know why, they always inquire about 18 Q How about the janitorial staff, 20 that. We do tests on them. Q D th P 19 anytime they perform any kind of inspection by 21 oes e etro Stopping Center have 20 the fuel pump area, do they have to write that any procedure in place for inspecting the pump 21 down? 22 area, fuel pump area? 22 A No. 23 24 A No. Just when the janitor goes out to check the trash they're supposed to check th 23 24 Q Anytime the janitorial staff has to 25 , e pumps as well clean up a spill, are they required to document . 25 that in writing somewhere? 9 (Pages 30 to 33) Love Court Reporting, Inc. David Johnson 1 Page 34 A No. I Page 36 Q And the procedure that the janitor 2 Q Is there any written documentation 2 undertakes to do the pressure wash, is this a 3 as to any inspections that are performed by the 3 written policy anywhere, as far as you know? 4 fuel pump areas? 4 A No. 5 A No. 5 Q How many maintenance or janitorial 6 Q Is there any written documentation 6 staff do you normally have during a given shift? 7 in any form pertaining to any maintenance or 7 A In the morning, we have two. One of 8 cleanup that are performed by the fuel pump area? 8 them is a trash guy for the lot that goes out and 9 A No. 9 picks up the trash. And on my shift and every 10 Q Other than cleaning up spills -- you 10 shift after that, there's one. I 1 mentioned also emptying trash cans -- do the 11 Q What shift do you currently work? 12 maintenance or janitorial staff perform, like, 12 A I work 4 p.m. to 1 a.m. It's 13 daily cleaning of the fuel pump area at all like 13 Tuesday through Thursday. It's been like that 14 where they scrub the ground or anything like 14 since I moved here. 15 16 that? 15 Q So do you have off Friday through A Every week -- well, each weekend we 16 Sunday? 17 pressure wash the pumps. 17 A No. Sunday and Monday I work day 18 Q And how often is that, one time a 18 shift on my general manager's day off. I'm 19 week, once a week? 19 acting general manager on those days for the fuel 20 A Um-hum. 20 island. 21 Q And that's on a weekend? 21 Q And was this the same back in 2006? 22 A Um-hum. 22 A Yes, ma'am. 23 MR. BANKO: Yes? 23 Q You had the same schedule? 24 THE WITNESS: Yes. I'm sorry. 24 A It hasn't changed. 25 MS. SISUM: Thank you. You see, I 25 Q So you get one day off? 1 Page 35 know what you're saying -- 1 Page 37 A Fridays and Saturdays. 2 3 THE WITNESS: Right. 2 Q Oh, Fridays and Saturdays. So MS. SISUM: But we've got to get it 3 that's why you said you were tired earlier 4 5 on paper. 4 . A Um-hum. 6 THE WITNESS: Right. 5 Q Okay. Is there any kind of book or 7 BY MS. SISUM: Q So the fuel pump area gets pressure 6 7 binder or any one place where you have to keep a f 8 washed once a week? set o company guidelines, procedures, that are 9 A Correct. 8 9 written? A An employee handbook 10 1 Q And what is pressure washed when 10 . Q Is that the only thing that you know 1 12 that happens? 11 of that contains any kind of guidelines, an A The pump, the ground, everything. 12 employee handbook? 13 14 Q Are they cleaning up, like, grease 13 A That's all we would ever use. 15 spots, oil spots? A Right. The oil spot -- like when a 14 Q Are you familiar with the handbook? 16 , truck driver pulls in, you know, they leak oil; 15 16 A As frequently as I use it, somewhat, yeah. 17 18 and it's always in the middle. And you take the 17 Q Is it ? in a certain place p pressure washer, and you just pressure wash it 18 in your office or store? 19 20 away. Q Other than that one time a week is 19 20 A Yes. It's in my office where it's 21 , that the only time that actual cleaning is done 21 open. Anybody has access to it. Q Do you have an office in the 22 of the ground around the fuel pumps? 22 convenience store? 23 24 A Yes. Q And who performs that pressure wash? 23 24 A Yes. Q Are you aware of whether th 25 A The janitor on duty. 25 e handbook has a section regarding safety. 10 (Pages 34 to 37) Love Court Re portin g, Inc. David Johnson 1 A Yes. Page 38 1 A Yes. Page 40 . 2 Q And does that address maintenance of 2 Q Is the Petro Stopping Center a 3 the fuel - of the fuel island? 3 24-hour operation? 4 A No. 4 A Yes. 5 Q Is there anywhere in this handbook 5 Q How many shifts are there? 6 that addresses inspections that are to be 6 A Three. 7 performed of the fuel island? 7 Q Can you tell me what the hours are? 8 A Not that I'm aware of. 8 A 8 a.m. to 4 p.m., 4 p.m. to midnight 9 Q Is there a section that pertains to 9 and midnight to eight. 10 safety that you're aware or 10 Q And you may have told me this. How 11 A Yes. 11 many employees, if you can recall, work during 12 Q And do you know what kinds of things 12 your shift for the fuel island? 13 are addressed in that safety section? 13 A There's six or seven. 14 A PPE, personal protective equipment 14 Q Who trains the maintenance staff? 15 that you need to wear when you go outside. 15 A Other maintenance people and the 16 Gloves have to be worn when you change trash, 16 managers. 17 stuff like that. 17 Q Have you trained maintenance staff? 18 Q Does the safety section, as far as 18 A Yes. 19 you know, discuss safety of customers, or is it 19 Q And is this also on-the-job 20 only safety of the employees? 20 training? 21 A Safety of the employees. 21 A Yes. 22 Q Do you know of any written policy or 22 Q And how long are they trained for 23 procedure that addresses safety of your 23 , the maintenance people? 24 25 customers? 24 A They work with other -- we put them A Just what to do in, like, an 25 with somebody for two or three weeks until the 1 Page 39 accident report. I Page 41 other, I guess, training janitor says that they 2 Q When you first started with Petro 2 know what they're doing. 3 Stopping Centers, you received - did you receive 3 Q Are you familiar with the specific 4 training? 4 date of this accident? 5 6 A Yes. 5 A Somewhat, yes. Q And what kind of training was it? 6 Q What do you know that to be? What's 7 8 A It was on-the-job training. 7 your understanding of the date generally? 9 Q On the job? 8 A I don't know how many customers came 10 A Yes. Q How long was that training, if you 9 10 in, but I was there. I know what was going on, yeah. 11 12 recall? A It was my last year in New Paris 11 12 Q You were there on the day of the 13 . Q And during that training, what 13 accident? A Yes 14 kind -- do you discuss maintenance of the fuel 14 . Q So if I tell you the accident 15 16 ? island. A Yeah Yes 15 occurred October 18th, 2006, does that sound 17 . . Q Yes? 16 17 right? A Yes 18 19 A Yes. Q And in terms of the maintenance 18 19 . Q Do you remember what day of the week 20 procedures that you learned, is it basically what 20 it was? A No I don't No 21 is undertaken at the Petro Stopping Center that 21 , . . Q Was it a weekday? 22 you work at now? 22 A Yes 23 24 A Yes. Q So everything that we've discussed 23 24 . Q Was that a night you were working as 25 , that's how you learned it should be done? 25 the assistant general manager? A Yes. 11 (Pages 3 8 to 41) Love Court Re portin g, Inc. David Johnson 1 Page 42 Q Do you have an understanding as to 1 Page 44 recall him specifically saying that? 2 what time this incident occurred? 2 A I don't recall. That's how I 3 A Yes, 3 , guess,•he described it to me, you know she fell 4 Q What time is that? 4 , . Q Did you know where she fell 5 A Nine-thirty. 5 specifically? 6 Q In the p.m.? 6 A He told me it was at Pumps 2 or 3 7 A Yes. 7 . 1 can't remember which one it was 8 Q And you were on duty at that time? 8 . Q You remember it was two or three 9 A Convect. 9 , just not which one? 10 Q When did you first hear of the 10 A Correct. They're next to each 11 12 accident? 1 l other. So it was in that area. 13 A At 11:30. Q P M i 12 Q Did you talk to Ms. Russell about . . aga n? 13 the accident at any time? 14 A Convect. Yes. 14 A No. 15 Q And from whom did you hear it? 15 Q So you never spoke to her about the 16 A Ms. Russell's dispatcher. 16 fall? 17 Q And do you know that person's name? 17 A No, no. 18 19 A No. Q Did you know that person before that 18 19 Q Did you ever speak to her husband or 20 phone call -- I assume it was a phone call? 20 any other relative or friend of hers about her 21 A Yes, it was a phone call. I didn't 21 accident? A No no. 22 23 know the person at all. He introduced himself. ' 22 , Q Do you know if Ms. Russell or her 24 I can t remember his name. 23 husband spoke to any of your employees about Q And what do you recall -- I'm sorry. 24 their accident? 25 You said it was a he? 25 A They didn't, no. 1 2 Page 43 A Correct. 1 Page 45 Q Before the accident, were you Q What do you recall the gentleman 2 familiar with Ms. Russell? 3 4 telling you? A You know this is so-and so with 3 4 A Oh, yeah, and her husband. They 5 , - Keystone. I'm Deb Russell's dispatcher. She, 5 were regulars at my facility, Q. How often would you see them? 6 7 you know, just informed me that she fell, you 6 A Oh, at least two times a week. We 8 know, something to that effect. 7 knew them by first name and company name and Q And did he tell you the time that it 8 truck number 9 10 happened? A Yes 9 . Q Prior to the accident happening, did 11 . Q Is that how you knew it happened 10 11 you know -- excuse me. You said you knew her by na Did 12 around nine-thirty? 12 me. you know what she looked like? 13 14 A Yes. Q Other than what you just told 13 14 A Yes. Q Did you ever see her walking around 15 me, did he say anything else? 1 the facility looking like she was having problems 16 A Not that I can recall no 5 16 moving about, you know, her arms, legs, 17 18 , . Q Did he tell you specifically how the 17 anything "- A If I would have I would have asked 19 accident happened? A 18 , her about it, you know, are you oka You know Y 20 I believe he did, yeah -- yeah, yeah, he did, because he told me th t h i 19 . . Q An just to be e ar, I'm not t 21 a s e e ther got her foot caught in a hose or something like 20 21 referring to he date of the a ccident or after. I' 22 2 , because I think he was even unsure of how it 22 m saying before the accident and your general knowledge of her had ou ev 3 24 hiappened. Q Did he specifically say that she had 23 24 , y er seen her and thought she was moving about with problems or h 25 gotten her foot caught in the hose or do 25 anyt ing like that? , you A No. 12 (Pages 42 to 45) Love Court Reporting, Inc. David Johnson 1 Page 46 Q Did you ever see her after the 1 Page 48 interaction with each other while they were at 2 accident? 2 the Petro Stopping Centers? 3 A I think I might have saw her once 3 A Just when they came in to get their 4 after that, but there was some problems with the 4 tickets, their fuel tickets 5 company. They didn't want to fuel at Petro 5 . Q Did you ever know them to be 6 because of -- I don't know, whatever reason. 6 fighting with each other or anything like that 7 8 Q When you saw her at least that one 7 while they were at the Petro Stopping Centers? mg ? time after the accident, is there anything in 8 A No. 9 particular that you noticed about her? 9 Q And you would see both of them two 10 A Yeah. She said she fell and hurt 10 times a week? I 1 her arm, and she was holdingit funny. I 1 A Yep. 12 13 Q So she actually spoke to you? 12 Q Have you -- after the accident did 14 A i believe she did once, yes. Q And she did say she fell and hurt 13 14 , you ever overhear Ms. Russell speaking to any 15 her arm other person at the Petro Stopping Center? 16 17 . A Yes. Q Did h 15 16 A No. Q When you first found out about the 18 s e tell you it was at the Petro Stopping Center; or was she saying generall oh 17 18 accident, what was the first thing you did as a 19 20 y, , I fell? ' 19 result? A I took an accident report filled it 21 A 1 can t remember. Q Do you know how soon after th 20 , out, took pictures, and then sent it to the legal 22 e accident this was? 21 22 department at Petro. 23 A No no I don't Q Is this part of a procedure that 24 , , . Q When you spoke to her, had you known 23 24 you're supposed to undertake? A 25 that she had fallen at your facility? 25 Yes. (Johnson Exhibit 1, Customer 1 2 Page 47 A Right, because -- 1 Page 49 Incident Investigation Report marked for MR. BANKO: Object to the form of 2 , Identification.) 3 the question. 3 BY MS. SISUM: 4 5 BY MS. SISUM: Q I can rephrase it for you 4 5 Q Mr. Johnson, I want to show you what ' 6 . When you spoke to her was it after 6 I ve marked at the bottom left as Johnson 1. Can 7 , the date of the accident? 7 you take a look at that? 8 A Yes A Um-hum. It's an accident report. y 10 . Q Other than that one time, have you 8 9 Q Go ahead. A It's an accident investi ation seen Ms. Russell more recently? 10 g report. 11 12 A No. Q Have you seen her husband Lawrenc 11 12 Q Is this the report that you're 13 , e Russell? referring to that you filled out as soon as you 14 A No 13 heard about the accident? 15 16 . Q So after the accident, did you see him at all? 14 15 A Yes. Q And did you fill this out as you 17 A No 16 were talking to this dispatcher or after your 18 . Q And you mentioned that you knew him 17 18 conversation? A 19 as well before the accident? 19 I started it towards the end of our 20 A Correct conversation to get information like her Social 21 . Q Did they often work together or did 20 21 Security number, which, you know, is not common 22 23 , they have separate trucks? Do you know? A They had separate truck but the 22 23 knowledge. y 24 were always together. the dispatcher? 25 Q Did you ever notice their 24 25 A Correct. Q You never got that information fro m 13 (Pages 46 to 49) Love Court Re porting, Inc. David Johnson 1 2 Page 50 her? 1 ' Page 52 Q And can you tell from these copies 3 A I -- I m not sure. I would assume I 2 of the photos what each one is showing as far as 4 got it from the dispatcher. 3 pump number or however you want to describe it? Q The date at the bottom right, is 4 A Pump No. 2. 5 that the date that you filled it out? 5 Q For number -- which page number at 6 7 A Yes. 6 the bottom right? Q Is that your signature at the 7 A D-60. 8 9 bottom? A Yes 8 Q This has Pump 2? 10 11 . Q Did any of this information on this 9 10 A Correct. What's Q e' 12 report come from Ms. Russell directly, or is this 11 A A c loser v ew of Pump 2. all of the information you received from her 12 Q So a closer view of Pump 2 is on 13 ? dispatcher. 13 D-61? 14 A I'm unsure. 14 A Correct 15 16 Q I'm sorry? A I don't know 15 . Q And how about D-62? 17 . Q And it says on the bottom in the 16 17 A It is another photo of Pump 2. Q A d 18 bottom box, "Are photos attached of customer and 18 n were these digital photographs? A Correct 19 20 scene?" And it says yes. 19 . MS. SISUM: We can go off the record You took photographs? 20 a second 21 22 A Of the scene. Q What did you take photographs of? 21 22 . (Discussion held off the record.) B 23 A The pump area. 23 Y MS. SISUM: 24 (Johnson Exhibit 2, Fax 10/19/06 24 Q Mr. Johnson, did you keep any copies 25 , Johnson to Stuart marked for of these photographs, the digital copies, in your , 25 office, on your computer, or anything like that? F Page 5 ation.) T 1 1 Page 53 A It would have been saved in the 3 going,to show you what I've mma rkkeeddas ohnson 2. Can you t ake a lo k t 2 e-mail until, you know, it automatically deletes 4 5 o a that, please? A Um-hum. It's what I sent to G 3 4 5 it. Q Do you know if -- did you download 6 y Stuart at Petro's legal department these onto a computer in your office at the 7 . Q So let me make it clear for the 6 7 convenience store? A Yes 8 9 record. I marked Johnson 2, a packet. It has about five pages. Is that right? 8 . Q Do you know if there is still a i 0 A Okay. 9 computer file at the convenience store with the 11 Q Can you clarify that? 10 1 I photographs? 12 13 A Yes. Q And of those five pages there are 12 13 A No. Q ?vo, you don't know; or, no, they are 14 , three photographs? 14 not thhere 15 A Correct A There are none. 16 . Q And then in front of the 15 16 Q And you're certain of that? 17 18 photographs, there's an e-mail; and in front of that, there's a fax cover sheet? 17 A Yes. Q D?Y• Did you maintain a file 19 A Correct 18 pertaining to Debra Russell at the convenience 20 . Q And the three photographs that are 19 20 store office? No A 21 22 in this packet, which conveniently at the bottom right of each are marked D-60 61 21 . Q Any information you had regard tng 23 , , and 62, are those the photos that you took of the fuel pump 22 23 Ms. Russell did you ship to a certain, l ke, co 24 area? rporate office or something? 25 A Correct 24 A I sent it all to Gary Stuart. . 25 Q Did you mail it or fax everything? 14 (Pages 50 to 53) Love Court Reporting, Inc. David Johnson 1 Page 54 A I faxed everything, and then it gets I Page 56 Q There seem to be on the ground like 2 3 mail. Q Okay. So you send the originals 2 3 these dark areas. And I'll -- on my copy, I'll specifically circle what I'm talking about. And 4 also? 4 then we can probably mark yours as well. 5 6 A Yes. ' 5 Do you know what - why that's dark Q You don t retain copies of anything? 6 like that? 7 A Nope, not of a legal matter. That 7 A That is oil from trucks, you know 8 all goes to corporate. 8 , in the middle from them leaking. This is from 9 Q So is Gary Stuart the one that you 9 the windshield wash. It's also there That's 10 also e-mailed these photos to? 10 . where customers pick up the squeegee. And then 11 A Correct. I 1 that's the only two you have circled 12 Q On that second page, it has the 12 . Q This larger darker one here you said 13 actual e-mail. It says from Fuel Island No. 36. 13 is from the window wash? 14 Is that your e-mail address? 14 A Correct. 15 16 A That's my store. Q Like company e-mail I guess? 15 16 Q What is it exactly that's the dark 17 , A Right spots? Is it just wet pavement? 18 . Q And Gary Stuart, does he work for 17 18 A Yes. Q So this is water essentially? 19 ? Petro. 19 A Yes. 20 21 A No -- Q Who is he? 20 Q Let's mark on your copy on No. D-60, 22 A 21 if you don't mind. I'll circle the same areas. 23 -- not anymore. At the time, he 22 And then I just want you to basically do like a 24 worked for Petro. 23 line and then just write what you just told me 25 Q Oh, okay. A But since we have been bought b TA 24 25 each one was so that it's clear - clearly marked th y , on e record. 1 Page 55 he does not work for us no longer. 1 Page 57 A Okay. 2 Q Okay. But at that time, he was an 2 Q Thank you. 3 employee of Petro? 3 A Um-hum 4 5 A Correct. Q And he was in the legal department? 4 5 . Q Let me just borrow that packet. On Picture D-60 of the packet we marked as Joh 6 7 A Correct. 6 nson 2, I had circled the two spots I was referring 8 MR. BANKO: Was he in West Lake, 7 to. And you kindly did arrows or lines showin 9 Ohio? THE WITNESS: At the time it was El 8 9 g that the one area has oil leaking from trucks and 10 , Paso the other area that you mentioned was the I I . MR. BANKO: Okay. 10 11 windshield wash. And it's some sort of a water 12 THE WITNESS: The equivalent of our 12 or a wet pavement? A Yeah 13 14 current West Lake. BY MS. SISUM: 13 . Q Is that right? 15 Q So he was not local as far as 14 15 A (No response.) Q Is that a yes 16 17 Pennsylvania? A No 16 . A Yes. Sorry. 18 . Q I want to - I know these -- this 17 18 (Johnson Exhibit 3, General Liability Incident Report marked f 19 20 quality of the photographs isn't good; but since 19 , or Identification.) 21 you are the one that took the photographs, you might be able to describe a little bit b tt 20 I'm going Q t 22 e er for me. 21 mark as J ohnson 3 Take a look at that, please. 23 Looking at No. D-60 in that packet 22 23 A This is what follows the accident 24 that's marked Johnson 2, do you see that? 24 report that gets faxed as well to general liability. 25 A Yes. 25 Q And is this a report that you filled 15 (Pages 54 to 57) Love Court Reporting, Inc. David Johnson 1 Page 58 out as well. 1 Page 60 Q Did you say they are powerful? 2 A Yes. 2 A Oh, yeah. They're bright. 3 Q And is everything on this report in 3 Q You would consider the pump area 4 ? your writing. 4 pretty well lit? 5 A Yes. 5 A Yes. 6 Q In the second section where it says, " 6 Q Do you have any knowledge as to how 7 Complete this section on all" -- well, they all 7 many lights there are? 8 9 say that. 8 A There's three in a row. There's X The second section where it says 9 amount of rows. There's several 10 i 1 "person involved" -- 10 . Q Do you know if on the night of the 12 A Right. Q - and at the top, it says "Debra 11 12 incident all the lights were in working order? A They are always in working order 13 14 Russell" and then to the right of it it says " 13 . Q How often does that get checked? husband Lawrence," is that your writing as well ? 14 A Whenever the lights come on if none 15 16 A No. Q Whose writing is that? 15 16 , is not on, it's fixed. 17 A I am unsure. 17 Q Is this something that maintenance 18 Q And when did you fill out this 18 is instructed to pay attention to - A Yes 19 20 report? A At the same time as the incident 19 20 . Q -- the lights that is? A Yes 21 22 investigation report is when I would usually do i 21 . Q Are you familiar -- or do you know 23 t Q So you would have filled out both 22 23 of any witnesses to Ms. Russell's accident? A 24 25 reports together? 24 Just her husband. Q So no one else came to you and said A Yes. 25 that they saw the accident? 1 Page 59 Q And you would have faxed both 1 Page 61 A Nope. 2 3 reports to your legal department? 2 Q Do you recall the weather that 4 A Yes. Q And at the top, you do have the time 3 4 night? A It was clear 5 6 of the incident listed as 9:30 p.m. or so? 5 . Q My understanding is you gave a 7 A Yes. Q As far as you can recall since the 6 7 statement, like, a recorded statement to someone. 8 , accident happened in October is it safe to 8 Do you recall doing that? 9 , assume it was dark outside when this happened as 9 A To a Liberty Mutual claims person, I think 10 1 I far as daylight versus nighttime? 10 . (Johnson Exhibit 4 Statement 12 A I guess. Q Can you recall specifically? 11 12 , , marked for Identification.) 13 A No I can't Q I want to give you what I,ve marked 14 , . Q Is the fuel island area lit with 13 as Johnson 4. You can take some time to look 15 overhead lights? 14 through that, please, or read it. 16 A Yes. With canopy lighting yes 15 16 Have you had a chance to read 17 , . Q Where are the lights located for the 17 through it? A Yes 18 19 pumps specifically? A Above. It's overhead lighting 18 19 . Q Is this the statement that you were 20 . Q Above all the pumps? 20 referring to? A Yes 21 22 A Yes. Q Like, does each pump have its own 21 22 . Q Okay. So this is the statement that 23 light, as far as you know? 23 you gave to Liberty Mutual, as far as you know? 24 A It's all lights under the canopy 24 MR, BANKO: There are three pages to 25 . They are powerful this thing, aren't there? . 25 THE WITNESS: Yeah, the one that 16 (Pages 58 to 61) Love Court Reporting, Inc. David Johnson 1 2 Page 62 says -- asked for my permission to turn 1 off the recorder Page 64 completely. It says, "No. Her foot got caught 3 . 2 MR. BANKO: You're missing the third 3 in the fuel hose and then she fell hurting her wrist and her arm or something to that effect " 4 5 page. MS. SISUM: I think that's all I 4 5 . When you say "no," are you saying that he did not specifically say how she fell? 6 7 have. Let me double-check. I'm glad you 6 A Right. He just said that she fell. 8 pointed that out. Let me make sure I didn't just copy it incorrectly That is 7 8 And then I said how. And he said, you know, she i h 9 . normally what is said, is it not? 9 e t er got it caught in a fuel hose or slipped and fell. 10 I 1 Yep. You know what? This isn't 10 So when you were speaking to m 12 right, is it? I only have two pages. 11 did ou have he sense that he wasn't sure ? MR. BANKO: Let me get you the third 12 either? 13 14 15 page. MS. SISUM: That would be great, 13 14 A Right. Q And did not put her on the phone 16 yeah. Thanks for noticing. 15 to speak to you? 17 (Brief pause from the record.) BY MS SISUM: 16 A Not that I can recall. 18 1 . Q Okay. So you've had a chance to 17 18 Q And you mentioned in the statement and today that it was either Pump 2 or 3 9 read Johnson 4, which is your statement to 19 . Correct? 20 Liberty Mutual. Right? 20 A Correct 21 22 A Correct. Q Okay. In rereading -- or in reading 21 22 . Q Did you take photographs of only Pump 2, or did you also take of 3? 23 24 that over, is that the first time you've seen 23 A Three is in one of the photos but 25 that statement in writing? 24 , it was blocked off. A No. 25 Q Okay. Was it blocked off by a truck 1 Page Q So you've seen it before? 7 Page 65 omething? 2 3 A I've seen it before. Q Okay. Did you read that bef 3 A No. It would have been blocked off 4 ore coming here today? byy ither th e maintenance person or me. 5 A Yes 4 Q Okay. Why was it blocked off? Do 6 . Q Is there anything about that 5 6 you know? A I don't remember 7 8 statement that seems inaccurate to you? 7 . Q How is it blocked off? 9 A Where, I guess, I called the dispatcher a she 8 A Trash barrels. 10 . Q Oh, okay. 9 Q Was that in the photograph? I 1 12 A But it was -- I then corrected myself that it was a male. It is definitel a 10 11 12 A Yes. you show me that! I didn't 13 y male that I spoke to. 13 notice that. 14 Q I want to show you -- I believe it's 14 A On D-61, you can see past the fence that the trash can is in the middle f th f 15 on the second page of the statement, if I can 15 o e uel pump. 16 17 find it. Okay. That section that you just 16 17 Q Okay. Let's do this. Does this -- 18 19 referred to about telling the person it was a 18 are you able to do - to say the No. 2 and the No. 3 and then just draw an arrow t 20 male and then you say, "I do believe I put his 19 as o where each pump is? 21 name on the incident report," the very next question after that do o h 20 A Sure. Pump 2, Pump 3. 22 , y u see t at, where it says "Did he say specifically how she fell 21 22 Q And can you somehow mark, either by 23 or where she fell?" X, circle, or however we can show it best, the 24 A Right. 23 barrel that you're saying is blocking off Pump 3? 25 Q And your answer -- and I'll read it 24 25 A I didn't do ve ry good at all. Q S o you wrote -- and we'll say it out 17 (Pages 62 to 65) Love Court Reporting, Inc. David Johnson 1 Page 66 loud so it's clearer on the record. This white 1 Page 68 Q And when you went to that area that 2 thing beyond the fence, like a cylinder type 2 you were taking photographs of, did you 3 shape, you put little lines in it, correct, 3 physically walk around on the area? 4 like -- 4 A Yes. 5 6 A Right. Q - littl d h 5 Q And is there anything that you 7 - e as es? 6 noticed particularly about the area that you That is the blocking barrel that you 7 walked on? 8 were referring to? 8 A Nope. 9 A Correct. 9 Q What were you looking for when you 10 Q And what are reasons why you block a 10 went over there? 11 pump like that? I I A Just -- 12 A If it's not working. If, you know, 12 Were you - go ahead. A 13 the breakaway has been pulled out or the pump is 13 - to see if somebody -- like if 14 malfunctioning and it's not able to be used, we 14 , you were to fall, you would leave, like a spot 15 16 block it off. Q A d if 15 , or whatever. I don't know. See where a foot n - do you ever block it off 16 slipped. I didn't see anything. 17 18 for fuel spills at all? ' 17 Q Did you just perform a visual A Yes, when it s big enough. 18 inspection essentially? 19 Q Is there any way to know today why 19 A Yes 20 that particular pump was blocked off? 20 . Q Did you go around feeling the ground 21 22 A Nope. Q W ld h 21 with, like, your feet to see if there were any ou t ere be anywhere that you 22 slick spots? 23 24 could look in your office in writing as to why 23 A I walked through -- walked around 25 that was blocked off? A No 24 the entire pump area. So if it was slick, I . 25 would have noticed. 21 [ Page 67 Q So ,you would have no record as to I Page 69 Q Did you only walk around that Pump 2 ; why? 2 area? 4 A Nope. Q So you don't know whether that was 3 4 A That entire -- where I took the picture, I inspected. 5 6 because the pump was malfunctioning or whether it 5 Q Did you walk around where Pum 3 was was a spill or anything like - 6 p located? 7 8 A I cannot recall. Q When you went to take the 7 A To get to Pump 2,1 had to walk past 9 photographs, do you remember how long after the 8 9 Pump 3, yeah. Q Did you actually walk on the 10 11 phone call you did that? A No. They say 12 a.m. but I don't 10 concrete area right around Pump 3? 12 13 , know if that's correct. Q That could just be like the 1 I 12 A No. Q And you mentioned that's all 14 , , setting on the camera? 13 14 concrete. There's no blacktop in that area? 15 A Yes A Right. All concrete. 16 . Q Would it have been soon after the 15 16 Q And the reason you took photographs, 17 call? is that part of your procedures, or did you just 18 A Oh, yes. 17 take that upon yourself? 19 Q So it wasn't, like, the next day or 18 19 A It's SOP for an accident report. 20 a week later? Q Is there a written procedure for 21 A No. It's still night out, and I'm 2 1 2 Your accident reporting? 22 23 the only night manager. It was at night. 2 Q Yes. And where is that located? 24 Q Do you know if you had flash on the 23 A A It's in the SOP manual 25 camera? e Yes 24 . Q And is that different from the . 25 handbook? 18 (Pages 66 to 69) Love Court Re porting, Inc. David Johnson 1 Page 70 A Yes. I Page 72 Q Okay. Thank you. 2 Q What other things are in the SOP 2 Do you recall if the name of the 3 manual generally speaking? 3 dispatcher was Don? Does that sound familiar? 4 A Just for managers, you know, what 4 A Yeah. 5 form to fill out in case of this, stuff like 5 Q Do you know -- or have you had any 6 7 that. 6 other communications with Don or the dispatcher Q Does it address only accidents in 7 from Keystone since the date of the accident? 8 that manual, or is that for a lot of things? 8 A No. 9 A It's for a lot of things for 9 Q So you wouldn't know whether Don 10 managers. 10 works there or not anymore? 11 Q So it's more for management? 11 A Anymore, no. 12 13 A Um-hum. MR BANKO: Yes? 12 Q And that was the one and only time 14 . THE WITNESS: Yes Sorry 13 14 that he spoke to you about this incident at all? A 15 . . BY MS. SISUM: 15 Yeah. Q He never called you back to follow 16 Q And I assume SOP stands for standard 16 up? 17 operating procedures? 17 A Not that I know of 18 19 A Correct. Q Where is that SOP kept? 18 19 . Q Did you ever call to follow up with 20 A In my office as well, along with the 20 Ms. Russell at all? A No 21 22 employee handbook. 21 . Q Did you ever speak to anyone else at 23 Q Is that, like, in a binder? ' 22 Keystone regarding Ms. Russell's accident other A Yeah. It s all there. 23 than Don? 24 25 Q Are there surveillance cameras in 24 A I don't know. I might have the area? 25 mentioned it to another driver that she fell out 1 Page 71 A No. 1 Page 73 there. 2 3 Q So you don't have any surveillance 2 Q But you don't recall any specific cameras on the property at all? 3 conversation? 4 A Inside. 4 A No 5 6 Q Inside the -- A Inside the buildings we have 5 6 . Q Is there 9 service 7 , surveillance; but outside we do not 7 well to repair or do maintenance on the trucks? 8 , . Q So no surveillance cameras that 8 A Yes. Q And where is that orated in 9 would show the exterior of the building? 9 reference tothe fuel pumps? 10 11 A Correct. Q And none for the fuel pumps either? 10 I I A Just past Pump 12. Q A d i 12 A No n s that a 24-hour operation as 13 . (Johnson Exhibit 5, Handwritten 12 13 well? A Yes 14 I S Note, marked for Identification.) 14 . Q So sometimes truck drivers pull in 16 Q I just want to show you what I've 15 to get their trucks serviced? mark as Johnson 5. Just take a look at that. 16 A Yes 17 18 Is that your writing at all? A No 17 . Q And you mentioned that sometimes 19 . Q So you've never seen this befo ? 18 19 trucks do leak fluids onto the surface of the 20 re A Uh-uh No fuel pump area or around the facility. 21 22 . . Q And do you recognize this at all? A 20 21 A Sometimes, yeah. Q Prior to Ms. Russell's accident that 23 No. Q Do you know whose writing that is at 22 23 was in October of 2006, do you recall hearing of 24 all? someone else claiming they fell by the fuel pumps 25 A No 24 as a result of a slippery condition? . 25 A No. 19 (Pages 70 to 73) Love Court Re porting, Inc. David Johnson 1 Page 74 (Johnson Exhibit 6, General 1 Page 76 individual claimed he fell on? 2 Liability Incident Report, marked for 2 A I don't know. 3 Identification.) 3 Q You don't recall the result of any 4 (Johnson Exhibit 7, Customer 4 investigation or inspection? 5 Incident Investigation Report, marked for 5 A No. 6 7 Identification.) 6 Q Can you look at Johnson 7 where it 8 Q I want to show you what I've marked 7 says "corrective action required"? It says as Johnson 6 and Johnson 7, two sheets there. 8 "Monitor island conditions daily." 9 Could you just take a look at that briefly? 9 Did you write that information? 10 A It's another accident report. 10 A Um-hum 11 12 Q And just so we're clear on the 11 . Q And do you know why you wrote that record, Johnson 6 at the top says "General 12 information? 13 Liability Incident Report." Correct? 13 A It's what action taken to prevent 14 A Yes. 14 this to recur. 15 16 Q And Johnson 7 says "Customer 15 Q Is that something that just -- that 17 Incident Investigation Report"? A Correct 16 was not occurring? The monitoring the island 18 . Q And am I also correct that both 17 18 daily - MR. BANKO: Object to the form 19 Johnson 6 and Johnson 7 refer to an individual by 19 . BY MS. SISUM: 20 21 the name of James Messersmith? 20 Q -- was that not occurring? 22 A Correct. Q And are you the individual who 21 22 MR. BANKO: Object to the form of the question. 23 filled out both these reports? 23 MS. SISUM: Let me rephrase that 24 25 A Yes. Q After looking at Johnson 6 and 24 25 . BY MS. SISUM: Q When you wrote „monitor island 1 2 Page 75 Johnson 7, does this refresh your memory at all I Page 77 conditions daily," was that something that was regarding someone who may have claimed that they 2 not being done on a daily basis? 3 4 also fell as a result of a slippery condition? 3 MR. BANKO: Object to the form of A It looks like somebody had fallen, 4 the question. 5 6 yes. Q Do you recall this incident at all? 5 6 THE WITNESS: It was -- it was done 7 A No, because I'm not there at 2:15 7 daily. I mean, that's part of taking -- 8 am. you know, getting the trash. 9 10 Q Do you recall filling out this i f 8 q BY MS. SISUM: Q Are you required -when filling out I 1 n ormation? A Yeah. 10 the customer incident investigation report that 12 Q And do you recall hearing about this 11 12 we have here marked as Johnson 7, are you 13 accident at all? required to fill in the section where it says 14 A Not -- no 13 "corrective action required"? 15 16 . Q So the only information that you ll i 14 15 A I'm not sure. Q If you look back at Johnson 1 which 17 reca s based on what you wrote here? 16 , is the very first thing which is a similar 18 A Yes. Q And looking at Johnson 6 at the top 17 18 , customer incident investigation report at the top 19 where it says "customer description of incident," 19 pertaining to Deb Russell -- A Yep 20 21 does that state, "Customer states he fell on Pump 20 . - do Q you see that? No. 5 as a result of water and grease on the 21 A Urn-hum 22 23 island"? A Yes. 22 . Q And in the middle where it says 24 Q Do you recall whether you or any 23 24 "corrective action required," there's nothing 25 other employees went and inspected the area this 25 written there? A Right. 20 (Pages 74 to 77) Love Court Reporting, Inc. David Johnson 1 Page 78 Q Did you feel that there was no need 1 Page 80 the time sheet records provided by Ms. Adams I 2 for corrective action? 2 , have found the following employees were working 3 A I probably just didn't know what to 3 on the evening of October 18, 2006." 4 put there. 4 A Right. 5 Q So you don't -- just to be clear, do 5 Q Do you know who Crsty Brenneman is? 6 you - you don't recall why you wrote "monitor 6 MR. BANKO: Yeah. She's my 7 island conditions daily" on Johnson 7? 7 paralegal. 8 A No. My manager helped me fill this 8 MS. SISUM: Oh 9 10 one out. Q H d 9 . MR. BANKO: Ms. Adams is Pamela Zom ow o you know your manager helped 10 Adams, Esquire, house counsel for the 11 you fill it out? 1 I Travel Centers of America 12 A Because it's something that he would 12 . BY MS. SISUM: 13 14 have me put on there. 13 Q And if you can look through the list Q Other than this incident involving 14 of names briefly or job classifications do any 15 James Messersmith, do you recall or are you aware 15 , of those names sound like the person who may have 16 of any other prior incidents or incidents prior 16 been on duty as the maintenance person the night 17 to Ms. Russell's incident that involved a fall by 17 of the incident? 18 the fuel pumps as a result of a slippery 18 A Levi Hill was my employee. 19 20 condition? A Not that I'm aware of 19 Q What does it mean next to his name 21 . MS. SISUM: Bear with me one second. 20 21 when it says he was a runner? A That's janitor. That's Petro's job 22 (Brief pause from the record.) 22 classification as a runner 23 24 BY MS. SISUM: Q It' 23 . Q Okay. Is there a difference between 25 s my understanding that there was 24 a runner and a custodian? a custodian by the name of Daniel Rouner, 25 A No. 1 2 r Page 79 R-o-u -n-e-r, that may have been on duty at the 1 Page 81 Q Further down, it says Rodney time of this incident, which would have been 2 Lindsay, two down from Levi Hill 33 during your r shift. 3 . A Right. 4 5 A I'm song. What's the name? 4 Q Do you recall if he may have been on Q Daniel Rouner, R-o-u-n-e-r. Does 5 duty that night? 6 that sound familiar to you? 6 A That's not my employee 7 8 A No. Q Let me mark that so you can take a 7 8 . Q He's not? A No. Custodians are for trav l 9 look at that. 9 e stores 10 11 (Johnson Exhibit 8, Memorandum, 10 . Q So Levi Hill was 12 8/12/08, Brenneman to Banko, marked for I 1 janitorial staff on duty in the fuel island? Identification.) 12 A Yes 13 14 Q What I have marked, it says " " 13 . Q And was on the night of the h t 15 memorandum at the top. I have marked it as Johnson 8. And if you look at the fou th 14 incident, as far u know? s yo 16 17 r person down where it says "custodian" under job 15 16 A Yes. Q Does Levi Hill still work there? classification. 17 A No 18 19 A That is not an employee of mine. Q So that d 't 18 . Q Do you know when he last worked 20 oesn sound familiar at all? 19 there? 21 22 A No. Q And you see at the top below the 20 21 A No. Q Have you heard anything regarding 23 line at the very top under where it says to Ys 22 23 Ms. Russell since her accident other than what ' 24 , from, date, and re, and then it has a line? It 24 we ve talked about today? Like, have you heard 25 says -- someone wrote there, "From my review of 25 anything specifically about her, her condition, her accident -- 21 (Pages 78 to 81) Love Court Re porting, Inc. David Johnson 1 2 Page 82 A No. Page 84 1 recorded statement in June of 2007, you were Q -- from any source other than from 2 asked whether there were - whether you found any 3 your attorney? 3 foreign substances on the ground? 4 A No. 4 A Right. 5 Q So no one has come in, other truck 5 Q What was your - was your statement 6 drivers haven't talked about it or said anything 6 at that time accurate? 7 to you? 7 A Yes. 8 9 A No. Q And no one else from your company 8 MR. BANKO: All right. I don't have 9 anything else. Thank you. 10 has told you any information pertaining to Ms. 10 MS. SISUM: Thank you very much I 1 12 Russell? A No , I I especially on your day off. 13 . MS. SISUM: That's all I have for 12 (Deposition adjourned at 11:37 a.m.) 13 14 you. Thank you. 14 15 MR. BANKO: I just have to follow up 15 16 on something because these are copies. 16 17 18 --- EXAMINATION 17 18 19 --- 19 20 BY MR. BANKO: 20 21 Q You were asked to identify on 21 22 Johnson 2, page D-60 several things. The dark 22 23 marks in the middle which you have identified as 23 24 oil leaking from trucks, was that freestanding 24 25 oil stains? What was it? 25 rl Page 83 A Stains. 1 CERTIFICATE Page 85 Q And if a truck is pulled up to Pump 2 1, Denise L. Travis, the officer before whom the 4 2 or 3, the truck is straddling that stuff? 3 within deposition(s) was taken, do hereby certify that 5 A Yes. The truck is over that. ' 4 the witness whose testimony appears in the foregoing 6 Q And that s what's causing the -- 5 deposition(s) was duly sworn by me on said date and that 7 A Yes. Q Th t' ' 6 the transcribed deposition of said witness is a true 8 a s why it s leaking from the bottom of the truck? 7 record of the testimony given by said witness; 9 A Right. It's leaking from the bottom 8 That the proceeding is herein recorded fully and 9 accurately; 10 11 of the truck. 10 That I am neither attorney nor counsel nor related 12 Q And the stuff, windshield wash away from the pump down at the bottom left h d , 11 to any of the parties to the action in which these 12 13 - an corner, is that a puddle of water, wet spots? depositions were taken, and further that I am not a 13 relative of any attorney or counsel l d b 14 15 Can you describe what it was? ' emp oye y the 14 parties hereto, or financially interested in this action A It doesn t look like a puddle. It . 15 16 looks like it's just water. 16 17 18 Q Just a wet spot? A Just a wet spot. Just like over 17 Denise L. Travis, Reporter 18 19 here, do you see where the bucket is? Notary Public in and for the 19 20 Q And again, you're talking to the Commonwealth of Pennsylvania 20 21 22 right of that same photograph in the middle? 21 My commission expires April 20 2010 23 A Yes, to the right. And another wash bucket to the right of it is just a wet s ot fro , . 22 (The foregoing certification of this transcript 23 d 24 p m where they pulled the squeegee out of the buck t oes not apply to any production of the same by any 24 25 e . Q And apparently, when you gave your means, unless under the direction, control, and/or 25 supervision of the certifying reporter.) 22 (Pages 82 to 85) Love Court Re porting, Inc. David Johnson Page 86 1 LAWYER'S NOTES 2 3 PAGE: LINE: NOTATION: 4 5 _ 6 7 8 9 10 11 -- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 (Page 86) Love Court Reporting, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Bala Cynwyd, Pennsylvania, first-class postage prepaid, on the 20`x' day of May, 2011, and addressed as follows: Stephen L. Banko, Jr., Esquire 3510 Trindle Road Camphill, PA 18011 (Counsel For Defendant) Mari yn L. S tiago, ecretary DEBRA RUSSELL and IN THE COURT OF COMMON PLEAS OF LAWRENCE RUSSELL, w/h, CUMBERLAND COUNTY, PENNSYLVANIA V. ? C=n, PETRO STOPPING CENTERS, LP 08-2725 CIVIL co C) --: IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT" > t= BEFORE, OILER, J., EBERT, J. AND MASLAND, J. -- ORDER OF COURT AND NOW, this 8th day of June, 2011, upon consideration of the Defendant's Motion for Summary Judgment, the Plaintiff's Answer thereto, the briefs filed by the Parties and after oral argument; This Court, viewing the record in this case in the light most favorable to the Plaintiff as the non-moving party, finds that at this time there remain genuine issues of material fact; Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion for Summary Judgment is DENIED. By the Court, Regina M. Vogelsong, Esquire Attorney for Plaintiff Stephen Banko, Esquire Attorney for Defendant ooPies Mailed ,? `/e/Qr,6 bas ?.Ei?-oFF1Cc PRAECIPE FOR LISTING CASE FOR TRIAl1't. 47 'i f-IHE PROTHONOTAR' (Must be typewritten and submitted in triplicate) ZO 12 JAN 10 Pik 1: 3 8 TO THE PROTHONOTARY OF CUMBERLAND COUNTY CUMBERLAND COUNTY Please list the following case: PENNSYLVANIA X1 for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DEBRA RUSSELL and LAWRENCE RUSSELL, w/h, (Plaintiff) vs. PETRO STOPPING CENTERS, LP, (check one) X? Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on March 27, 2012 and Trials commence on (Defendant) Pretrials will be held on April 11, 2012 VS. (Briefs are due S days before pretrials No. 2725 , 2008 Term Indicate the attorney who will try case for the party who files this praecipe: Stephen L. Banko, Jr., Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011 Indicate trial counsel for other parties if known: Regina M. Vogelsong, 555 City Lane Drive, Suite 500, Bala Cypa yd, PA 19004-1112 This case is ready for trial. January 9, 2012 Date: Signed: Print Name: ?tdphen L. Banko, Jr. Attorney for: Petro Stopping Centers, LP a(p 95 ? I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of , 2012, and addressed as follows: Regina M. Vogelsong, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 (Counsel for Plaintiffs) ? n i Angela W. Gayman, S retary DEBRA RUSSELL AND, IN THE COURT OF COMMON PLEAS OF LAWRENCE RUSSELL, W/H CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW PETRO STOPPING CENTERS, LP, : Defendant 08-2725 CIVIL TERM IN RE: CONTINUANCE OF TRIAL ORDER OF COURT AND NOW, this 27th day of March, 2012, at the request of the Plaintiff, and over the objection of Defendant, the trial in this matter is hereby continued until July 23, 2012. This request for continuance by the Plaintiff is so that she may receive an updated report from Dr. Scott Jager about her client's treatment. The report from Dr. Scott Jager shall be given to defense counsel by June 1, 2012. By the Court, CTM r_:°? . `4..L. -er. Christylee L. Peck, J. o y- c:: a' -?v } i Lowenthal & Abrams, P.C. Regina M. Vogelsong, Esquire 555 City Line Avenue, STE 500 Bala Cynwyd, PA 19004 For the Plaintiffs L Stephen L. Banko, Jr., Esquire 3510 Trindle Road Camp Hill, PA 17011 For the Defendant pcb ?Cpi t? m? . ??c( 3 /30/_-X F- G DEBRA RUSSELL AND, IN THE COURT OF COMMON PLEAS OF LAWRENCE RUSSELL, W/H CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. CIVIL ACTION - LAW PETRO STOPPING CENTERS, LP, Defendant 08-2725 CIVIL TERM IN RE: CONTINUANCE OF TRIAL ORDER OF COURT AND NOW, this 26th day of June, 2012, both parties appearing in court today, and this Court having issued a previous order continuing the trial until July 23, 2012, the previous order remains in full force and effect. By the Court, Christyl & L. Peck, J. t Lowenthal & Abrams, P.C. Regina M. Vogelsong, Esquire 555 City Line Avenue, STE 500 c") , Bala Cynwyd, PA 19004 ? = For the Plaintiff ,n j hen L. Banko Jr., Esquire Step , 2C - 3510 Trindle Road < v Camp Hill, PA 17011 _ .? For the Defendant ? pcb 61A ? ? ? .ern a c ?? G -< " e t DEBRA RUSSELL AND LAWRENCE RUSSELL, w/h PLAINTIFF V. PETRO STOPPING CENTERS, LP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2725 CIVIL IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 11th day of July, 2012, after pre-trial conference with counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Trial counsel in this matter will be Regina Vogelsong, Esquire for Plaintiff a Stephen Banko, Esquire for Defendant. 2. The parties have indicated that motions in limine will be necessary. These will address (1) evidence of the workman's compensation payments made to the Plaintiff ;2) evidence of the Plaintiff's current and past marital status and (3) evidence of prior slip and fall accidents at Petro. All motions in limine will be filed on or before the close of business on July 16, 2012. 3. There is no judicial conflict in this case. 4. Counsel has indicated that the trial will take approximately 3 to 4 days. 5. By agreement of the parties, jurors will not be permitted to take notes. 6. Each party will be granted four peremptory challenges. 7. There is no need for a view in this matter. 8. The parties shall prepare an exhibit list. Two copies of this exhibit list shall be provided to the Court on or before 12:00 p.m. on Friday, July 20, 2012. All visual aids used in the case shall be disclosed to the opposing party. 9. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on Friday, July 20, 2012, a list of the numbered standard jury instructions the part is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 10. On or before 12:00 p.m. on Friday, July 20, 2012, the parties will provide a proposed verdict slip to the Court for review. By the Court, V Regina Vogelsong, Esquire Attorney for Plaintiff Stephen Banko, Jr., Esquire Attorney for Defendant Court Administrator, bAS 11111113- bas C p.? S ma, I t-d 7111 M. L. Ebert, Jr., ?.?., i ? "'? . ? ? mow. r! T• -r r-, Asa STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 575-8124 F THE p R 0 i I10IgC T 20 17 JUL 18 PM 1: 41 10tKLANJ COIJIgTY PENNSVi vA w, _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUSSELL, w/h DOCKET NO. 08-2725 Plaintiffs V. CIVIL ACTION - LAW PETRO STOPPING CENTERS, LP, JURY TRIAL DEMANDED Defendant k OF DEFENDANT, PETRO STOPP4 ' TO PLAINTIFFS" MOTION lit-L.i TOMI CLUE ENIDSPIC, E OF ,P!Ri MAM1 - 1. Admitted. 2. Admitted in part and denied in part. While it is admitted that Plaintiffs contend that Plaintiff-Wife, Debra Russell-Holloway ("Plaintiff"), was injured at an "incide at Defendant's location, Defendant denies such occurrence for any injury related 3. Denied. The Answer contained in paragraph 2 hereof is incorporated by reference as if set forth in its entirety. 4. Denied. The Answer contained in paragraph 2 hereof is incorporated h by reference as if set forth in its entirety. 5. Admitted. 6. Admitted. n 7. Admitted. 8. Denied. As counsel for Defendant has represented to this Honorable Coort at the time of the Pre-Trial Conference, Defendant has no intent to offer evidence as to prior marriage or divorce on the part of Plaintiff, absent any effort on the part of Plai to introduce evidence that Plaintiff had been divorced on five (5) prior occasions to the extent that Plaintiffs open the door to such rebuttal evidence by offering that their marriage resulted in divorce as a result of any alleged injury sustained by on October 18, 2006, it is submitted that, pursuant to Pa. R. E. No. 104(e), the of such evidence does not preclude Defendant from offering evidence relevant to t weight or credibility of Plaintiffs' evidence. Moreover, Pa. R. E. No. 101 defines relev< evidence as; "evidence having any tendency to make the existence of any fact that is consequence to the determination of the action more probable or less probable thar would be without the evidence." According to Plaintiffs, by introducing into evidence tl their divorce was caused by an alleged injury certainly opens the door to other which would tend to cast doubt upon the credibility of such evidence. Under circumstances, evidence of Plaintiffs five (5) prior divorces would be relevant to that the testimony regarding the divorce between Plaintiffs was not caused by any alleg injury. WHEREFORE, Defendant, Petro Stopping Centers, LP, prays this Honorable enter an Orderdenying Plaintiffs' Motion in Limine to Preclude Evidence of Prior Ma bmitted, iELSTEIN -7 /),5/ 1 Z,,, By: ate STEP C AANKO, JR. Counsel for Defendant n it 2 ti f T?^ ' I HEREBY CERTIFY that I served a true and correct copy of the foregoing on 101 counsel of record by electronic and facsimile transmission, on the D day 3 2012, and addressed as follows: Regina M. Mcllvaine, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 (via facsimile: 610-667-3440 and email: reginalowabram.com) MARGOLIS EDELSTEIN By: M. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUSSELL, w/h, Plaintiffs, V. PETRO SHOPPING CENTERS, LP, Defendant. Docket No. 08-2725 CIVIL ACTION - LAW C- M cv JURY TRIAL DEMANDED > c? X c) PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION IN LIMINE 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The workers' compensation lien is an item of special damages which plaintiff c._ c. rv c? pay back if she prevails in the subject case. Therefore the lien amount is admissible and is subject to the limitations on recovery as any other item of damages. This paragraph also seeks to preclude the documents identified in paragraph 3 which include an impairment rating evaluation performed by Dr. Violago and documents related t a prior incident at Petro. It is denied that these documents are inadmissible. It is further denied that any mention that plaintiff has been declared to be fully disabled by the Social Security Administration should be precluded. 5. Admitted, although plaintiff's medical expert in this case was the same medical expert testifying against Debra Russell in her workers' compensation claim and his reports and testimony were used and relied on in both matters. Ate,. •.:•5. -5 s_y I 6. Admitted although plaintiff s medical expert in this case was the same medical expert who testified against Debra Russell in her workers' compensation claim and his reports and testimony were used and relied on in both matters. 7. Denied. The fact that negligence issues are not relevant to workers' compensation and soci; security claims does not preclude the jury from assessing the injuries and damages evidence from the medical providers who have evaluated plaintiff and their findings. As always, a jui is permitted to accept or reject the evidence, in whole or in part, and may certainly discount any ultimate verdict based on its determination of apportionment of negligence. 8. Denied. The injuries and damages evidence in the form of the opinions and findings of medical providers who have evaluated plaintiff does not usurp the jury's function in this case, but to the contrary, it is probative of what, if any injuries and damages plaintiff has sustained and therefore aids the jury's function in this case. 9. Admitted. 10. Denied. The amount of past wages is strictly a mathematical formula and that amount is wh it is. The causation issue, as always is a factor for the jury to determine and it will do so by answering the causation question on the Jury Verdict Slip. The future wage loss is an elemel of damages and will be testified to by plaintiff's economic expert. The jury again, as always may accept or reject that testimony in whole or in part. 11. Admitted. 12. Denied. The evidence defendant seeks to exclude is medical evidence concerning plaintiff's injuries and disabilities as it relates to this fall. Such evidence should be available for the jur to consider in making its ultimate determination on damages as it is relevant and probative. 2 13. Denied. The jury should hear the element of special damages, that is, what plaintiff must back by virtue of §319 of the Pennsylvania Workers' Compensation Act. 14. Denied. The workers' compensation insurance carrier has an absolute right of subrogation its lien under Pennsylvania Workers' Compensation Act §319, and without explanation of that lien amount to the jury plaintiff stands to have a verdict based on pain and suffering which does not reflect the lien that would have to be paid out of that verdict. The workers' compensation insurance carrier virtually stands in the shoes of plaintiff and asserts its lien an element of damages in this case. 15. Denied. All of the workers' compensation lien is subrogable and therefore, the entire lien amount should be communicated to the jury. 16. Admitted, which is why the damages questions on the Verdict Slip come after the and causation questions. If the jury determines that defendant was not negligent or its negligence was not a factual cause then plaintiff recovers nothing (not even the lien 17. Denied. This is akin to saying that for the jury to hear any evidence of damages prejudices the defendant on the negligence issues. Unless there is a bifurcated trial the jury is always permitted to hear damages (special and general) evidence during the trial and make determinations on the negligence, causation and damages issues in deliberations. 18. The Rule speaks for itself. 19. Admitted. 20. Denied. The workers' compensation lien is an element of special damages and therefore should not be excluded. The determination, by medical examiners who evaluated plaintiff, that she suffers disabilities is relevant and probative of the issues in this case and would not confuse and mislead the jury but rather would aid them in determining what, if any, inj and limitations plaintiff suffered. 21. Denied. Evidence that plaintiff has been evaluated and determined to be disabled is to the damages portion of this case notwithstanding issues of negligence which will also be weighed by the jury in this third party action. 22. Denied. Evidence from medical providers regarding evaluations of plaintiff's injuries from the October 18, 2006 accident are relevant and admissible and in no way negate the jury's ability to also weigh negligence and causation issues in this third party action. 23. Denied. The jury is permitted to hear all elements of plaintiff's damages and accept or not accept all or part of them in rendering a verdict. 24. Admitted. 25. Admitted. 26. Admitted. 27. Admitted although it is noted that Mr. Verzilli has authored a supplemental report dated 18, 2012 which has been produced to counsel. 28. Admitted in part; denied in part. Mr. Verzilli's March 23, 2012 report was based on numerous things including plaintiff's deposition transcript, payroll records, income tax returns, and publications as well as Dr. Jaeger's reports. The supplemental report dated July 18, 2012 is based on the trial testimony of Dr. Jaeger and additional data which has been produced to counsel. 29. Denied. Dr. Jaeger testified as to all of his treatment of plaintiff, his diagnoses and opinions regarding her disabilities and limitations. Reference was made to the information contained in those reports and the April 11, 2012 report summarizing all of his prior reports was 4 introduced as plaintiff's exhibit number 2. Additionally, Mr. Verzilli has authored a supplemental report based, inter alia, on Dr. Jaeger's trial testimony given on July 11, 201 30. Admitted. 31. Denied. Dr. Jaeger testified as to all of his treatment of plaintiff, his diagnoses and opini regarding her disabilities and limitations. Reference was made to the information in those reports and the April 11, 2012 report summarizing all of his prior reports was introduced as plaintiff's exhibit number 2. Additionally, Mr. Verzilli has authored a supplemental report based, inter alia, on Dr. Jaeger's trial testimony given on July 11, 201 32. Denied as stated. Dr. Jaeger's testimony speaks for itself. 33. Denied. Mr. Verzilli's opinions are based upon all of the evidence of record including Dr. Jaeger's trial testimony. 34. Denied. The supplemental report dated July 18, 2012 is not at odds with Dr. Jaeger's trial testimony and, to the contrary, is consistent with it. 35. Admitted. 36. Denied. While Dr. Violago does not give an impairment rating, because plaintiff has not reached maximum medical improvement according to Dr. Violago, his report should not be excluded based on hearsay. To the contrary this document was discussed by defendant's medical expert, Dr. Cirincione in his August 5, 2010 report which was introduced into evidence by defendant as defendants' exhibit 9. Further, Dr. Cirincione was asked about ana testified to this report in the cross-examination. For counsel to suggest that the report is excluded based on hearsay would mean that all of the records and reports of the medical providers other than Dr. Cirincione and Dr. Jaeger would be excluded. Clearly counsel has proffered evidenced of medical records and reports from other providers, including Dr. 5 Park's May 31, 2009 EMG, despite the fact that plaintiff's counsel did not have an opportunity to cross examine Dr. Park. 37. Denied as stated. Dr. Jaeger's videotape trial testimony speaks for itself. 38. Denied. There is nothing about Dr. Jaeger's testimony that in any way conflicts with Dr. Violago's report, and even if there were, that would not be a basis for excluding Dr. Violago's report based on hearsay. 39. Admitted. 40. Denied as stated. The evidence is relevant for a number of reasons including but not limi to: there was a known slipping hazard when there is fuel being dispensed and defendant's business invitees are permitted to use water hoses, further, defendant recognized that as a dangerous condition, such that defendant put in place a procedure to avoid future such accidents, but failed to effectively carry out that procedure in this case 41. Denied. Defendant was on notice of the danger of having fuel and water on the ground in tr subject area and, although they knew of the heightened danger, they did nothing to prevent plaintiff, Debra Russell from being injured on October 18, 2006. 42. Denied as stated. In the subject matter there is a relationship between what defendant knew and understood the risks to be and what it failed to do to prevent the accident and injuries. Essentially, was it reasonable for defendant, who knew of the slippery nature of fuel and water on the ground, to continue to allow water to be used and to put in place a procedure i monitoring the subject area and then fail to carry it out in Debra Russell's case? All of that goes directly to the negligence issues at the heart of this matter. The cases cited are not relevant to this argument. 43. Denied. To the contrary such evidence would allow the jury a fuller understanding of the pertinent issues and are probative of the nature and extent of defendant's negligence in this case. WHEREFORE, plaintiffs, Debra Russell and Lawrence Russell, wife and husband pray this Honorable Court DENY Defendant's Motion In Limine and issue the Order proposed Respectfully submitted, July 19, 2012 BY:? , A M. VOGELS G, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and Docket No. 08-2725 LAWRENCE RUSSELL, w/h, CIVIL ACTION - LAW Plaintiffs, V. PETRO SHOPPING CENTERS, LP, Defendant. : JURY TRIAL DEMANDED PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE 1. FACTS. At approximately 9:00 p.m. on October 18, 2006 plaintiff was a business invitee at defendant's fueling station when she was caused to slip and fall on an accumulation of diesel and water on the ground. This matter is scheduled for trial starting July 23, 2012. On July 16, 2012 defendant its Motion In Limine with five separate arguments. Plaintiffs have filed their Motion in Opposition to Defendant's Motion In Limine and this Brief is filed in opposition to Defendant' Motion In Limine. II. ARGUMENT. 1. Preclusion of Determination of Disability by the Social Security Administration. Plaintiffs assert that a finding of full disability is one piece of evidence that this jury is entitled to weigh in making its determination concerning the nature and extent of plaintiff s injuries and damages. It is relevant to those issues and should therefore be admissible. Defendant cites Holmes v. University of Pennsylvania Health System, 82 Pa.D&C 64th 363 (Phila. 6, 2007), affirmed 947 A.2d 836 (Pa.Super. 2007) and its reliance on Frederick v. Action Tire Co., 744 A.2d 762 (Pa.Super. 1999) for the proposition that social security disabili evidence should be precluded. However, those cases dealt with instances where plaintiffs were i seeking to give the social security decision preclusive effect in the tort action. Frederick, supra 765, and Holmes, 82 Pa. D&C 4' 363 at 371. In the instant case plaintiff is not attempting to use the decision to collaterally estop defendant from arguing issues of negligence, causation, injuries or damages. Rather, the jury should be permitted to hear all evidence relevant to those issues including the determination the Social Security Administration that she is disabled. 2. Preclusion of Evidence of a Workers' Compensation Lien. Pursuant to §319 of the Pennsylvania Workers' Compensation Act the workers' compensation insurance carrier has an absolute right to subrogate its lien in this third party action. That lien amount is an item of special damages which plaintiffs must pay back out of jury verdict in plaintiffs' favor. Defendant's argument that issues of negligence and causation were not part of the workers' compensation proceeding and defendant was not a party to that proceeding is simply missing the point. Defendant has every opportunity to argue negligence causation in this third party case and the Verdict Slip will ensure that the jury must find for plaintiff on those issues before they can reach the damages question. And that is true of any all damages, whether special or general. Defendant's use of the unpublished Delaware Superior Court opinion is inappropriate is not binding and has no precedental value in the case sub judice. The Pennsylvania Workers' Compensation Act applies and specifically §319 which states: Where the compensable injury is caused in whole or in part by the act or omission of a third party, the employer shall be subrogated to the right of the employee ... against such third party to the extent of the compensation payable under this article by the employer. Here the extent of compensation payable by the employer was $407,248.64 as reflected in the lien documents. That amount is an item of special damages and is therefore admissible. 3. Preclusion of Report and Opinions of Andrew Verzilli Dated April 23, 2012. Mr. Verzilli has authored a supplemental report dated July 18, 2012 based inter alia on his review of the trial testimony of Dr. Jaeger, which included all the evidence contained in Dr. Jaeger's reports of January 3, 2007, January 14, 2008 and May 7, 2010 as well as the report of April 11, 2012 which summarized all these reports and was admitted into evidence. Mr. Verzilli's opinions were based not only on that trial testimony but also on plaintiff's deposition payroll records, income tax returns, various publications and source documents as noted. Mr. Verzilli's opinions as reflected in his July 18, 2012 report are not in any way inconsistent with contrary to Dr. Jaeger's trial testimony and are based on accurate assumptions given same. Therefore Mr. Verzilli's report and opinions should not be precluded. 4. Preclusion of Impairment Rating Evaluation of Dr. Violago Dated January 21, 2009. Dr. Violago is a physiatrist who examined plaintiff on December 30, 2008 and renderer the opinions that plaintiff has an unstable right AC joint with traction brachial plexus injury an a neuroma, supraclavicular nerve. Defendant's medical expert in this case, Robert Cirincione, M.D. rendered an opinion i his August 5, 2010 report which was introduced into evidence by defense counsel at his trial deposition as Defendant's Exhibit 9. Dr. Cirincione stated in that report that he reviewed Dr. Violago's evaluation and Dr. Cirincione stated that his own clinical examination was quite different from Dr. Violago's. On cross-examination he stated that he disagreed with Dr. Violago's impressions. It is disingenuous for counsel to assert that Dr. Violago's report is hearsay and should be excluded because counsel did not have an opportunity to cross-examine him. To follow that argument to his "logical" conclusion would be to exclude all but the opinions of tl two testifying doctors without any reference to the findings and opinions of the other medical providers who evaluated, tested and treated plaintiff. Defense counsel certainly used records reports of those other providers to his advantage. He cannot pick and choose those which he 1 claim are hearsay and those he claims are admissible based on how favorable they may be to position. 5. Preclusion of Evidence of Prior Claim of Slip and Fall. Defendant would have this Court preclude from evidence the May 18, 2006 incident reflected in the General Liability Incident Report and Customer Incident Investigation Report attached as Exhibit D to defendant's Motion In Limine. As those reports show, just five months before the subject slip and fall defendant was on notice of the dangerous condition caused by a combination of water and grease on and the fuel islands. In fact the same Petro manager, David Johnson, who filled out these Petro reports was also the manager on duty at the time of the subject accident. Mr. Johnson noted in the earlier case that at about 2:15 a.m. on May 18, 2006 a customer slipped and fell on pump number 5 as a result of water and grease on the island. He broke his right wrist. Under "Corrective Action Required" Mr. Johnson wrote, "Monitor island conditions daily". Under "Schedule for Corrective Action", Mr. Johnson wrote "Put in place". At his deposition Mr. Johnson, when asked why he wrote that, stated "It's what action taken to prevent this to recur." (Deposition of David Johnson, p. 76 attached hereto as Exhibit "A".) 4 So despite recognizing this slip and fall hazard and despite having a procedure to the island conditions, defendant failed to follow its own procedure on October 18, 2006. Defendant's assertion that the two accidents have nothing in common is completely serving and disingenuous. The cases cited by defendant are not on point. The Levant case ci in defendant's brief concerns a defendant who attempts to use evidence that plaintiff had before to strengthen defendant's allegations of plaintiff's contributory negligence. The Court said where there is neither connection nor relation between prior acts of negligence and subsequent conduct, evidence of the former is not relevant to prove the latter be negligence. Levant, supra at 382-383. In the instant case however, defendant's prior knowledge of the hazard and failure to carry out its own procedures to ameliorate the danger is relevant, and the evidence of the May 18, 2006 incident is probative on the issues and therefore is admissible. Additionally, the liability of a possessor of land is defined by Section 343 of the Restatement (Second) of Torts, which provides: A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if he (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and (b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger. The evidence of the May 18, 2006 incident goes directly to whether defendant realized that the condition creates an unreasonable risk of harm to its invitees and whether defendant failed to exercise reasonable care to protect plaintiff against that danger. III. CONCLUSION. WHEREFORE, plaintiffs, Debra Russell and Lawrence Russell pray this Honorable Court DENY Defendant's Motion In Limine and issue the Order proposed herein. Respectfully submitted, s July 19, 2012 BY:? A M. VOGELS NG, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUSSELL, w/h, Plaintiffs, V. PETRO SHOPPING CENTERS, LP, Defendant. Docket No. 08-2725 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Regina M. Vogelsong, Esquire of the law firm of Lowenthal & Abrams, P.C., hereby) certify that on this 19th day of July, 2012, I served true and correct copes of Plaintiff's Response to Defendant's Motion In Limine and Plaintiff's Brief in Opposition to Defendant's Motion In Limine on Stephen L. Banko, Esquire, via electronic transmission on July 19, 2012 as well as United States first class mail, postage pre-paid, addressed as follows: Stephen L. Banko, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Respectfully submitted, July 19, 2012 BY: 1 M 1 V1, 1 1 l A M. VOGELSONG, E ?i EXHIBIT A David Johnson Page 74 Pale 76 I (Johnson Exhibit 6. General 1 individual claimed he fell on? 2 Liability Incident Report, marked for 2 A I don't know. 3 Identification.) 3 Q You don't recall the result of a y 4 (Johnson Exhibit 7, Customer 4 investigation or inspection? 5 Incident Investigation Report, marked for 5 A No. 6 Identification.) 6 Q Can you look at Johnson 7 whe re it 7 Q I want to show you what I've marked 7 says "corrective action required"? Its ys 8 as Johnson 6 and Johnson 7, two sheets there. 8 "Monitor island conditions daily." 9 Could you just take a look at that briefly? 9 Did you write that information? 10 A It's another accident report. 10 A Um-hum. I I Q And just so we're clear on the 11 Q And do you know why you wr to that 12 record, Johnson 6 at the top says "General 12 information? 13 Liability Incident Report." Correct? 13 A It's what action taken to prevent 14 A Yes. 14 this to recur. t5 Q And Johnson 7 says "Customer 15 Q Is that something that just -- th at 16 Incident Investigation Report"? 16 was not occurring? The monitoring the island 17 A Correct. 17 daily -- 18 Q And am I also correct that both 18 MR. BANKO: Object to the form. 19 Johnson 6 and Johnson 7 refer to an individual by 19 BY MS. SISUM: 20 the name of James Messersmith? 20 Q -- was that not occurring? 21 A Correct. 21 MR. BANKO: Object to the form >f 222 Q And are you the individual who 22 the question. 2 3 filled out both these reports? 23 MS. SISUM: Let me rephrase that. 24 A Yes. 24 BY MS. SISUiVI: 25 Q After looking at Johnson 6 and 25 Q When you wrote "monitor islan d Page 75 Page 77 1 Johnson 7, does this refresh your memory at all I conditions daily," was that something tha was 2 regarding someone who may have claimed that they 2 not being done on a daily basis? 3 also fell as a result of a slippery condition? 3 MR. BANKO: Object to the form o 4 A It looks like somebody had fallen, 4 the question. 5 yes. 5 THE WITNESS: It was -- it was do e 6 Q Do you recall this incident at all? 6 daily. I mean, that's part of taking -- 7 A No, because I'm not there at 2:15 7 you know, getting the trash. 8 a.m. 8 BY MS. SISUM: 9 Q Do you recall filling out this 9 Q Are you required -- when filling c ut 10 information? 10 the customer incident investigation report that I I A Yeah. 11 we have here marked as Johnson 7, are yo 12 Q And do you recall hearing about this 12 required to fill in the section where it says 13 accident at all? 13 "corrective action required"? 14 A Not -- no. 14 A I'm not sure. 15 Q So the only information that you 15 Q If you look back at Johnson 1, wh ich 16 recall is based on what you wrote here? 16 is the very first thing, which is a similar 17 A Yes. 17 customer incident investigation report at th e top 18 Q And looking at Johnson 6 at the top 18 pertaining to Deb Russell -- 19 where it says "customer description of incident," 19 A Yep. 20 does that state, "Customer states he fell on Pump 20 Q -- do you see that? 21 No. 5 as a result of water and grease on the 21 A Um-hum. 22 island"? 22 Q And in the middle where it says 23 A Yes. 23 "corrective action required," there's nothi g 24 Q Do you recall whether you or any 24 written there? 25 other employees went and inspected the area this 25 A Right. 20 (Pages 744 to 77) Love Court Reporting, Inc. DEBRA RUSSELL AND LAWRENCE RUSSELL, W/H PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PETRO STOPPING CENTERS, LP, DEFENDANT NO. 08-2725 CIVIL IN RE: PLAINTIFFS' MOTIONS IN LIMINE ORDER OF COURT t-. C C AND NOW, this 23" day of July, 2012, upon consideration of the Plaintiffs' Motion in Limine to preclude evidence of prior marriages and Defendant's Response thereto; IT IS HEREBY ORDERED AND DIRECTED that should the Plaintiffs introduce' evidence at trial to prove that their marriage ended in divorce as a result of injuries alleged by Plaintiff-wife; the Defendant will be permitted limited cross examination as the fact that Debra Russell and Lawrence Russell are now divorced, that Debra RusE has remarried, and that she has had five prior divorces. By the Court, M. L. Ebert, Jr., Regina Vogelsong, Esquire Attorney for Plaintiff Stephen Banko, Esquire Attorney for Defendant ,11,13/1 J?- QAS J. bas 40 DEBRA RUSSELL AND LAWRENCE RUSSELL, W/H PLAINTIFFS V. PETRO STOPPING CENTERS, LP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2725 CIVIL IN RE: DEFENDANT'S MOTIONS IN LIMINE ORDER OF COURT AND NOW, this 23" day of July, 2012, upon consideration of the Defendant's Motion in Limine and Plaintiff's Response thereto; IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiffs are precluded from introducing into evidence in any fashion the amount of the workers compensation lien; 2. Plaintiffs are precluded from introducing into evidence in any fashion any evidence that the Plaintiff has been determined to be disabled by the Social Security Administration; 3. Plaintiffs are precluded from introducing into evidence the report of Dr. Violago dated January 21, 2009; 4. Plaintiffs are precluded from introducing into evidence in any fashion eviden of an alleged incident at the Petro location on May 18, 2006; . 5. Plaintiffs will be allowed to introduce into evidence the report and opinions of Andrew Verzilli dated May 23, 2012. Regina Vogelsong, Esquire Attorney for Plaintiff Stephen Banko, Esquire Attorney for Defendant bas C?ru .?sL ?A5 r-. D c-a ? p r < By the Court, DEBRA RUSSELL AND LAWRENCE RUSSELL, W/H PLAINTIFFS V. PETRO STOPPING CENTERS, LP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2725 CIVIL JURY VERDICT FORM 1. Do you find that the Defendant, Petro Stopping Centers, L.P., was negligent? Yes No Nf If you answered Question No. 1 "No," the Plaintiffs cannot recover and you should not answer any further questions and should return to the Courtroom. If you answered Question No. 1 "Yes," continue to Question No. 2. 2. Was the negligence of Petro Stopping Centers, L.P. a factual cause of any harm to Plaintiff? Yes No If you answered Question No. 2 "No," the Plaintiffs cannot recover and you should not answer any further questions and should return to the Courtroom. If you answered Question No. 1 and 2 "Yes," continue to Question No. 3. 3. Was the Plaintiff, Debra Russell negligent? Yes No If you answered Question No. 3 "Yes," proceed to Question No. 4. If you answered Question No. 3 "No," proceed to Question No. 6. 4. Was the Plaintiff's negligence a factual cause of any harm to her? Yes No If you answered Question No. 4 "Yes," proceed to Question No. 5. If you answered Question No. 4 "No," proceed to Question No. 6. 5. Taking the combined negligence that was a factual cause of any harm to Plaintiff as 100 percent, what percentage of that causal negligence was attributable to Defendant and what percentage, if any, was attributable to Plaintiff? Percentage of causal negligence attributable to Defendant (Answer only if you have answered yes to Questions 1 & 2) Percentage of causal negligence attributable to Plaintiff (Answer only if you have answered yes to Questions 3 & 4) Total 100 % If you have found the Plaintiff, Debra Russell's negligence to be greater than 50%, then the Plaintiff cannot recover and you should not answer Question No. 6, but should return to the courtroom. 6. State the amount of damages, in a lump sum, sustained by Plaintiff, Debra Russell, as a result of the accident for past medical expenses, future medical expenses, past lost earnings, future lost earnings capacity, past, present, and future pain and suffering, embarrassment and humiliation, loss of enjoyment of life and disfigurement. Do not reduce the amount of damages by the percentage of causal negligence, if any, that you have attributed to the Plaintiff If you find no damages were sustained by Plaintiff, Debra Russell, then Plaintiff, Lawrence Russell, cannot recover and you should not answer any further questions and should return to the Courtroom. 7. State the amount of damages, if any, sustained by Plaintiff, Lawrence Russell, for his loss of consortium claims do not reduce the amount of damages by the percentage of causal negligence, if any, that you have attributed to Plaintiff, Debra Russell. Total from 6 & 7 For person 7/26 /12. Date 01 i In the Court of Commons Pleas of Cumberland County, PA., Debra Russell and Lawrence Rus Docket No. 2008-2725 Judge: EBERT ---- V S ---- vo4yjScrtgt Petro Stopping Centers, LP 1 ?IX Attorney: e l () ei \ `? . Attorney: ?hext L• Ra.rik-o p4e Date: 13 ?? JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 IIIIIIINlIlIlIII111N11111111 JUL23-99 AULT, CATHERINE A 1111 1111 11111 1111 ---------- I 3 InlIIllNlllllgllllllllll JUL23-92 CAMPBELL, MATTHEW W , 4 Illllglglllllllllmllllllll JUL23-321 GINGERICK, DEBRA D 6 Illlil111Blllllillllllllllll JUL23-94 MARTIN, GLENN P 7 IIIIIIgIIIIIINIII1111111N1111 JUL23-44 FISHER, RANDY S nix, 1111111111 9 10 Illllllllligllglqlllllllqllil JUL23-12 CHIDIAC, RENEE M 11 IlllllllllgMill lllllglllllll JUL23-217 WELSHANS, LINDA M ,. 13 IIIIIIIl alllllNlllllllllbl JUL23-156 ESTEP, HILDA D 14 Illlmmilllllollllllllllll JUL23-268 FENICLE, DONALD E 16 lllllllglllllillllllllgllllllll JUL23-193 RUMMEL, BONNIE L 17 Illlllllllglllgliqlllllllqllll JUL23-172 RITTS, MICHAEL 18 IIIIIIIgIIIIlgI1111111111N JUL23-22 MEJIA, JOVAN S , 22 Illllliggilllllllqllqlllllllll JUL23-130 SPARKS, ROBERT L Debra Russell and Lawrence Rus ---- V S ---- Petro Stopping Centers, LP II No. In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-2725 Judge: EBERT Attorney: Attorney: Date: JURORS NAMES OF JURORS CALLED CAUSE P D A9LI i Juror # 25 inuIIII nimIlullon JUL2 GARDNER, CAROLE L 26 IglnnumllNlHown JUL23-331 RIGHT-STONECIPHE AURA V 27 Ig11111NIIIIiIIIIImNlgllliqp JUL23-24 O EN, ADRIENN 28 IggaIlllqqlimiNqNIqIIHIIY JUL23-343 SCHLI TKR , GERALD W 29 IggqIIpIIINIIqIIiqiIqlMlqN JUL23-155 OCKER, D L 30 IHMUiIgpIIIIIiIIIIUNIIIIIigM JUL23-190 KAUFF 'S N K 31 IIUgIINu manumn JUL23-178 G F , LEONAR 32 IgIgIINI1NiIIIIqNllqllllqq JUL23-250 O, ALLISON A 33 IIImIIouniuIIINIUIIIin JUL23-125 ROWN, TERRANCE F 34 i mluun ngiimigql in JUL23- SLAGLE, WESLEY C 35 IIINIIIIN[lit 1IIIillillgglliliq JUL 37 FLORES, JANELLE S 36 37 38 39 40 41 42 43 44 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendanit E-mail: sbankoCtD_margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ', DEBRA RUSSELL and LAWRENCE RUSSELL, w/h Plaintiffs v. PETRO STOPPING CENTERS, LP, Defendant DOCKET NO. 08-2725 `-' al, '~`' _~. ~ _; ~> :-:~ :. CIVIL ACTION -LAW u?'-" - ; ~: ,~ c ; ~ .,,,~ - :; JURY TRIAL DEMANDED ~, -~~ r- ---~+ . .T-{ PRAECIPE TO ENTER:JUDGMENT UPON JURY VERDICT' TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R.C.P. No. 237, kindly enter judgment on the verdict returned in t~le above-referenced captioned action by the jury on Thursday, August 26, 2012. ',In accordance with the Certificate of Service attached hereto, a copy of this Praecipe his been served upon counsel for Plaintiffs. Fully submitted, LIS,EDELSTEIN Q1~ r U ~ _ By: D e S'f'E'~'H~IV L.' BANKO, JR. Counsel for Defendant ~ lG. 5o p4 A C~~~9 ,~~a79wy No-~e~ MQ~I i CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on III counsel of record by placing the same in the United States mail at Camp Hlill, Pennsylvania, first-class postage prepaid, on the ~ day of i , 2012, and addressed as follows:: Regina M. Mcllvaine, Esquire Lowenthal & Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 19004-1112 MARGOLIS EDELSTEIN By: Angela . Gayman, S cretary STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindte Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendant E-mail: sbankoCaamargolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DEBRA RUSSELL and LAWRENCE RUSSELL, w/h v. Plaintiffs PETRO STOPPING CENTERS, LP, Defendant DOCKET NO. 08-2725 CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF JUDGMENT UPON JURY VERDICT AND NOW, this ~~ day of __~ c J ~ 2012, upon Praecipe lof Defendant and pursuant to Pa. R.C.P. No. 227.4(1)(a), Judgment is entered in favor~of Defendant and upon the verdict of the jury which was rendered and recorded on Aug~lst 26, 2012. Notice of the Entry of Judgment is to be provided to the parties pursuant to P~a. R.C.P. No. 236. !, Date: By: ~ _ Prothonotary DISTRIBUTION LIST: Plaintiffs, Debra Russell and Lawrence Russell c/o Regina M. Mcllvaine, Esquire Lowenthal 8 Abrams, P.C. 555 City Lane Drive Suite 500 Bala Cynwyd, PA 1 9004-1 1 1 2 Defendant, Petro Stopping Centers, LP c/o Stephen L. Banko, Jr. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011