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HomeMy WebLinkAbout08-4651IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LOIS HOFFMAN 430 Hellam Street, Wrightsville, PA 17368 File No. - `f(o5 tVi TP.:c`M Plaintiff : VS. Civil Action - Law PANERA, LLC 6710 Clayton Road, Richmond Heights, MO 63117: Jury Trial Demanded Defendant NOTICE NOTICE TO PLEAD A VISO YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notices are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a default 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 OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenerse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propriedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Clerk of Courts One Courthouse Square Carlisle, PA 17013-3387 717-240-6250 M0098568.1 41 FR RORL A un rev nano IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LOIS HOFFMAN 430 Hellam Street, Wrightsville, PA 17368 File No. OP- ate-sl l - Plaintiff VS. Civil Action - Law PANERA,LLC 6710 Clayton Road, Richmond Heights, MO 63117: Jury Trial Demanded Defendant COMPLAINT AND NOW, comes the Plaintiff, Lois Hoffman, by and through her attorneys, Katherman, Briggs & Greenberg, and Craig R, Milsten, Esquire, and hereby submits the foregoing Complaint, and avers as follows: 1. Plaintiff, Lois Hoffman, is an adult individual residing at 430 Hellam Street, Wrightsville, Pennsylvania 17368. 2. Defendant, Panera, LLC is a Delaware Limited Liability Company with headquarters located at 6710 Clayton Road, Richmond Heights, Missouri, 63117. 3. Defendant at all times relevant hereto was in complete custody, care and control of the Panera Bread bakery-cafd and its immediate environs located at 6416 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 4. Defendant at all times relevant hereto acted by and through its employees, servants, agents and authorized representatives who were acting in the course and scope of their employment. 5. On or about March 22, 2007, Plaintiff, Lois Hoffman was a business invitee as a M0098568.1 patron at Panera Bread, 6416 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 6. At the aforesaid time and place, Plaintiff Lois Hoffinan ordered a cup of tea and a danish. 7. Defendant's employee provided a paper cup filled with hot water without a lid and placed it on the tray with Plaintiff's danish. 8. Other patrons in the premises at the time were given hot water in a large ceramic mug. 9. Upon being handed the tray with the cup of hot water balancing on top, Plaintiff attempted to follow the protocols in place to select her tea bag and other ingredients to make her tea. 10. As Plaintiff attempted to follow the protocol for selecting her tea bag, the cup of hot water perched on her tray tipped and spilled onto her right arm, causing third-degree burns. 11. Defendant's use of providing a tall paper or plastic cup of hot water without a lid on the top of a tray to Plaintiff constituted a dangerous condition. 12. Defendant provided no warnings to Plaintiff concerning said dangerous condition. 13. The Defendant was negligent in the following respects: A. Failing to use an appropriate stable ceramic mug which had a sturdy base that did not easily tip over for transportation of hot water; B. Failing to place a secure lid on the plastic cup filled with piping hot water in the event that the cup could tip over; C. Failing to provide a safe and secure method for transporting hot water to be M0098568.1 used for making tea; D. Failing to provide a stable platform upon which a cup or mug could be placed for the transportation of hot water; E. Failing to provide a completed cup of tea rather than forcing customers to transport hot water to a tea-making station to make their own cup of tea; F. Failing to warn Plaintiff of the dangers of transporting hot water in a paper cup without a secure lid. 14. As a result of the Defendants' negligence, Plaintiff Lois Hoffman, sustained personal injuries, including but not limited to, third-degree burns across her right arm, right chest and breast. 15. As a result of the aforesaid incident and resulting third-degree burns caused by the negligence of the Defendant, the Plaintiff has sustained or will sustain the following: A. Past and future pain and suffering, B. Past and future embarrassment, humiliation and mental anxiety, C. Past and future loss of life's enjoyment, D. Past and future incidental costs, E. Permanent scarring, and F. Past and future reasonable and necessary medical expenses. 16. Defendant's negligence was a substantial factor in and the proximate cause of the aforesaid injuries and damages to Plaintiff, all for which damages are herein sought. M0098568.1 17. Plaintiff avers that her damages exceed the applicable limits of arbitration and, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiffs demand judgment against Defendant for compensatory damages in an amount in excess of the arbitration limits, together with interest, costs of suit, and delay damages. Dated: 7 31/o4 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG BY: Milsten, Esquire Atorneya? I.D. #77065 5 7 East Market Street York, PA 17401 (717) 848-3838 Attorneys for Plaintiff M0098568.1 CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Complaint as set forth below by Federal Express: PANERA,LLC 6710 Clayton Road Richmond Heights, MO 63117 Respectfully submitted, KATHERMAN,-BRIGGS & GREENBERG BY: 7 East Market St. York, PA 17401 (717)848-3838 Dated: `1131 0 f M0098568.1 VERIFICATION CRAIG R. MILSTEN, ESQUIRE hereby states that he is an attorney in this action, and is authorized to make this verification and states that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that he has greater knowledge of such facts than Plaintiffs, or that verification cannot be timely obtained.. The undersigned understands that the foregoing statements are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 0919 R. Milsten, Esquire Dated: 1/6 0X M0097856.1 t? _. U? ? ? 0 .,,. ? U,\1 ? d' Su ?? ?W. , ?, ?-; _?.. . x? _`°? _.. ---, r _,> _ t °_ >: rR . 9„ -1 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com LOIS HOFFMAN VS. PANERA, LLC Attorneys for Defendant File#27700.4-00002 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4651 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, Panera, LLC, in the above-captioned matter. MARGOLIS EDLSTEIN Date: ID# 55671 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Defendant, Panera, LLC J-' . • 1% CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day of 2008, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail Postage Prepaid Addressed as Follows Craig Milsten, Esquire 7 E. Market Street York, PA 17401 MARGOLIS EDELSTEIN By: Carol Moose MAmdir\Carol\Fomjs-Info. SheetsTleading.headempd - cr-, T) (p k IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LOIS HOFFMAN, VS. PANERA, LLC, RETURN OF SERVICE I, Craig R. Milsten, Esquire, being duly sworn according to law, state the following: 1. I am an adult individual and counsel for Plaintiff in the above-captioned matter. 2. On August 7, 2008, I served Defendant, Panera, LLC, with a true and correct copy of a Complaint by Federal Express mail with return receipt requested. 3. A true and correct copy of the return receipt from Federal Express confirming service is attached to this Return of Service. Respectfully submitted, Date: 4 Plaintiff No. 08-4651 Civil Action - Law Defendant JURY TRIAL DEMANDED KATHERMAN, BRIGGS & GREENBERG By: Z' /" 1? Craig R. Milsten, Esquire Attorney for Plaintiff Attorney I.D. 477065 7 East Market Street York, PA 17401 (717) 848-3838 M0001978.1 Page 1 Of 1 Jennifer H. Cheyney From: TrackingUpdates@fedex.com Sent: Thursday, August 07, 2008 10:36 AM To: Jennifer H. Cheyney Subject: [SPAM] - FedEx Shipment 798991339716 Delivered - Sender blacklisted This tracking update has been requested by: Company Name: KATHERMAN, BRIGGS & GREENBERG Name: Craig R. Milsten E-mail: jcheyneyokbglaw.com Our records indicate that the following shipment has been delivered: Reference: Lois Hoffman Ship (P/U) date: _.2_Q08 Delivery date: Aug 7, 2008 9:31 AM Sign for by: R.KENDRICK Delivered to: Mailroom Service type: FedEx Priority Overnight Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 lb. Special handling/Services: Deliver Weekday Tracking number: 798991339716, Shipper Information Craig R. Milsten KATHERMAN, BRIGGS & GREENBERG 7 East Market Street YORK PA us 17401 Recipient Information Panera, LLC 6710 CLAYTON RD RICHMOND HEIGHTS MO US 631171604 Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 9:35 AM CDT on 08/07/2008. To learn more about FedEx Express, please visit our website at fedex.com. All weights are estimated. To track the latest status of your shipment, click on the tracking number above, or visit us at fedex.com. This tracking update has been sent to you by FedEx on the behalf of the Requestor noted above. FedEx does not validate the authenticity of the requestor and does not validate, guarantee or warrant the authenticity of the request, the requestor's message, or the accuracy of this tracking update. For tracking results and fedex.com's terms of use, go to fedex.com. Thank you for your business. 08/07/2008 W 1-1 M C5 g-n Z -< F 2-1 f ?v r } : g, C IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LOIS HOFFMAN, Plaintiff No. 08-4651 VS. CIVIL ACTION - LAW PANERA, LLC, Defendant JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached Verification for the attorney verification attached to Plaintiff's Complaint in the above-captioned matter. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG Date: 11916q By: i . Milsten, Esquire Supreme Court I.D.#77065 7 East Market Street York, PA 17401 (717)848-3838 VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Lois Hoffman IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LOIS HOFFMAN, Plaintiff VS. PANERA, LLC, Defendant No. 08-4651 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Praecipe to Substitute Verification as set forth below by first class United States postage: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road P.O. Box 932 Harrisburg, PA 17108-0932 Date: / D IF Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG By: Cr . Milsten, Esquire Supreme Court I.D.#77065 7 East Market Street York, PA 17401 (717)848-3838 rv r? ? ' ? ; _? . f i // ?ce Yr ? N ? C ...++y?yyy f ...??? fir„ .? ?. 'n.,2 "'{ BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com LOIS HOFFMAN VS. PANERA, LLC To: Lois Hoffinan c/o Craig Milsten, Esquire 7 E. Market Street York, PA 17401 Attorneys for Defendant File#27700.4-00002 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4651 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER WITH NEW MATTER OF DEFENDANT, PANERA, LLC, within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: J 20 d9 Shaun J. Mumford ID# 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Defendant, Panera, LLC BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant File#27700.4-00002 LOIS HOFFMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, VS. PENNSYLVANIA PANERA, LLC NO. 08-4651 CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, PANERA, LLC, TO THE COMPLAINT OF PLAINTIFF, LOIS HOFFMAi.N AND NOW, comes Defendant, Panera, LLC ("Panera"), by and through its counsel, Margolis Edelstein, to answer the Complaint of Plaintiff, Lois Hoffman ("Plaintiff'), and avers the following in support thereof: ANSWER 1. Denied. After reasonable investigation, Panera is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. 2. Admitted. 3. Denied. The averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 4. Denied. The averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 5. Denied. The Panera Bread located at 6416 Carlisle Pike, Mechanicsburg, PA 17050, did not open for business until June, 2007 and, therefore, it is impossible that Plaintiff was a business invitee at the same on or about March 22, 2007. By way of further answer, the averments of this Paragraph regarding whether Plaintiff was a business invitee state a conclusion of law to which no response is required and they are, therefore, denied. 6. Denied. After reasonable investigation, Panera is without knowledge or information sufficient to form a belief as to truth of the averments of this paragraph and the same are, therefore, denied. By way of further answer, the Panera Bread located at 6416 Carlisle Pike, Mechanicsburg, PA 17050, did not open for business until June, 2007 and, therefore, it is impossible that Plaintiff was at the same on or about March 22, 2007. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, denied. 11. Denied. The averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, the averments of this paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 12. Admitted in part and denied in part. It is admitted that Panera provided no specific warning to Plaintiff stating that "providing a tall paper or plastic cup of hot water without a lid on the top of a tray constitute a dangerous condition." However, it is noted that the cup does contain the following warning, "Careful, the beverage you are about to enjoy may be very hot." The remainder of the averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 13. Denied. The averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same, therefore, denied. By way of further answer, the averments of this Paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 14. Denied. The averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, after reasonable investigation, Panera is without knowledge or information sufficient to form a belief as to Plaintiff's injury averments and the same are, therefore, denied. 15. Denied. The averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, after reasonable investigation, Panera is without knowledge or information sufficient to form a belief as to Plaintiff's injury and damage averments and the same are, therefore, denied. 16. Denied. The averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, the averments of this Paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). Also, after reasonable investigation, Panera is without knowledge or information sufficient to form a belief as to Plaintiff's injury and damage averments and the same are, therefore, denied. 17. Denied. The averments in this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, after reasonable investigation, Panera is without knowledge or information sufficient to form a belief as to Plaintiff's injury and damage averments and the same are, therefore, denied. WHEREFORE, Defendant, Panera, LLC, demands judgment in its favor and against Plaintiff, Lois Hoffman, with costs assessed to Plaintiff. NEW MATTER 18. The answers to paragraphs 1 through 17 are incorporated herein by reference as if set forth at length. 19. Plaintiff's claims are barred by the applicable statute of limitations. 20. Plaintiff's claims are barred by the doctrines of contributory and comparative negligence. 21. Plaintiff's claims are barred by the doctrine of assumption of the risk. 22. Plaintiff has failed to state any claims upon which relief can be granted. 23. Neither Panera, nor its agents or employees were negligent, nor the cause of any alleged dangerous condition. 24. Plaintiff has failed to mitigate her damages. 25. The subject incident and Plaintiffs alleged damages and/or injuries, if any, were solely, directly and proximately caused by Plaintiffs own negligent, reckless, and/or careless conduct. 26. To the extent that it is proven that Panera designed, manufactured and/or sold the subject product, then Panera exercised due care and caution in doing so. 27. At no time relevant to this action was the subject product in a defective condition or unreasonably dangerous to the user by reason of any act or failure to act on the part of Defendants. 28. Plaintiff's claims, if any, are barred by the doctrine of laches. 29. Plaintiff misused the subject product and such misuse was unforeseeable to Panera. 30. At all times relevant hereto, Panera acted with due care and caution under the circumstances then existing. 31. The subject product was not defective and was safe for its intended and reasonably expected and/or reasonably foreseeable uses and did not contain any condition that made it unsafe for its intended and reasonably expected and/or reasonably foreseeable uses at the time that it was sold. 32. Any damages suffered by Plaintiff, the existence of which is expressly denied, were not caused by any defects in the subject product, with the existence of any such defects being expressly denied. 33. Any acts or omissions of Panera alleged to constitute negligence, the existence of which is expressly denied, were not substantial factors or causes of the subject incident and/or did not result in the injuries and/or damages alleged by Plaintiff. 34. The negligent acts or omissions of other persons and/or entities may have constituted intervening, superseding causes of the injuries and/or damages alleged by Plaintiff. 35. Panera never breached any duty to Plaintiff and never failed to maintain any standards, responsibilities and/or obligations to Plaintiff, with the existence of any such duties, standards, responsibilities and/or obligations to Plaintiff being expressly denied. 36. Panera denies the existence of any warranties to Plaintiff, whether express or implied, associated with the subject product. 37. Plaintiff's alleged injuries and/or damages, if any, were caused by the negligent, reckless, careless, and willful conduct of others over whom Panera had no control and for whom they are not legally or otherwise responsible. 38. Plaintiff's claims, if any, are barred by the doctrine of spoilation of evidence. 39. The doctrine of res ipsa loquitur is not applicable to this case. 40. Panera at all times provided proper warnings to Plaintiff. 41. Panera provided a warning with the subject cup which read, "Careful, the beverage you are about to enjoy may be very hot." 42. To the extent that there was a dangerous condition, with the same being denied, it was open and obvious to all patrons, including Plaintiff. 43. Panera neither owed, nor breached, any duty to Plaintiff, whether in contract or tort, and never failed to adhere to any standards, obligations and/or responsibilities. 44. Panera reserves the right to assert any and all affirmative defenses that it may learn through further discovery and investigation. 45. Plaintiff's claims, if any, are barred by their failure to plead a dangerous condition. WHEREFORE, Defendant, Panera, LLC, demands judgment in its favor and against Plaintiff, Lois Hoffman, with costs assessed to Plaintiff. MARGOLIS EDELSTEIN Date: 3 Z O © q Barry oID# 55672 Shaun J. Mumford ID# 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Defendant, Panera, LLC CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this // ?`t day of 200f, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Craig Milsten, Esquire 7 E. Market Street York, PA 17401 MARGOLIS EDELSTEIN I " : , )("l By: (I" - Carol Moose M Am&\1 Sentry\27700.4-00002 Hoffman v. Panera\Pleadings\Answer with New Matter.wpd 10/28/2008 14:16 7172185023 PANERA BREAD PAGE 02/02 10128/200a 1'4;GD tAx tIi,7raurc? wnnov?.lo ?v??? ??.. ?., •-• YR IFICA?TIOM I, Bob StAharadia, state that I have read the CorcMoing Answer with Now Matter and that the facts stag therein are true and coneet to the beat of my knowledge, information and belief. I undwitend that any false statements heaer%n are made subject to penaldes of 18 P&C.S.A. § 4904, relating to unworn falsification to authorities. Date- M, ae"I-r(OZ7- Bob Sebaradhe, Geodes) MaaSer Puce m Amad ADOWn Y. Famm on" ?? 5..,..} .-.5-? +,,:J .?j ?? ? ; ?. _ C_"'i _. _,_. ? t s ?;; e} : i 1 i, II I IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LOIS HOFFMAN, Plaintiff VS. PANERA, LLC, Defendant No. 08-4651 Civil Action - Law JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW comes the Plaintiff, Lois Hoffinan, by and through her counsel, Craig R. Milsten, Esquire, and files the foregoing Answer to Defendant's New Matter: 18. Denied. This paragraph states a conclusion of law to which no response is required. 19. Denied. This paragraph states a conclusion of law to which no response is required. 20. Denied. This paragraph states a conclusion of law to which no response is required. 21. Denied. This paragraph states a conclusion of law to which no response is required. 22. Denied. This paragraph states a conclusion of law to which no response is required. 23. Denied. This paragraph states a conclusion of law to which no response is required. 24. Denied. To the contrary, Plaintiff has not failed to mitigate. 25. Denied. This paragraph states a conclusion of law to which no response is required. 26. Denied. This paragraph states a conclusion of law to which no response is • ` 1 1 required. 27. Denied. This paragraph states a conclusion of law to which no response is required. 28. Denied. This paragraph states a conclusion of law to which no response is required. 29. Denied. This paragraph states a conclusion of law to which no response is required. 30. Denied. This paragraph states a conclusion of law to which no response is required. 31. Denied. This paragraph states a conclusion of law to which no response is required. 32. Denied. This paragraph states a conclusion of law to which no response is required. 33. Denied. This paragraph states a conclusion of law to which no response is required. 34. Denied. This paragraph states a conclusion of law to which no response is required. 35. Denied. This paragraph states a conclusion of law to which no response is required. 36. Denied. This paragraph states a conclusion of law to which no response is required. 37. Denied. This paragraph states a conclusion of law to which no response is required. 38. Denied. This paragraph states a conclusion of law to which no response is required. 39. Denied. This paragraph states a conclusion of law to which no response is required. 40. Denied. This paragraph states a conclusion of law to which no response is required. 41. Denied. After reasonable investigation, Plaintiff is unable to determine the truth of L 46 . 4 this averment and the same is denied, strict proof demanded at trial. 42. Denied. This paragraph states a conclusion of law to which no response is required. 43. Denied. This paragraph states a conclusion of law to which no response is required. 44. Denied. This paragraph states a conclusion of law to which no response is required. 45. Denied. This paragraph states a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's new matter and enter judgement as requested in Plaintiff's Complaint. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG Date: 3 2? a? BY: 94i o. Milsten, Esquire Stqlrierne Court I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 Attorneys for Plaintiff #. 4. 4 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LOIS HOFFMAN, Plaintiff No. 08-4651 VS. Civil Action - Law PANERA, LLC, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Plaintiffs' Reply to New Matter set forth below by service by first class mail: Barry A. Krornthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Respectfully submitted, KATHERM , RIGGS & GREENBERG n _.._ /l - BY: 7 East Market Street York, PA 17401 (717) 848-3838 Dated: ? 2? . .. .. .. .. .. ..... .. V E'R IF I C A T I 0 N I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: « ?, , .. ? J? ?).`? '" ?*} ? - ?-.7 .. (?"; ?:? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LOIS HOFFMAN -VS- PANERA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4651 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL 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: 05/01/2009 MCS o,/n? behalf of / / /S/ l/.?arry J. -1`rontkaC, e1g. BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R1.84S 133-H DEII-0896775 34247-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LOIS HOFFMAN -VS- PANERA - 27700.4-00002 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KENNETH WOERTHWEIN, MD MEDICAL RECORDS HOLY SPIRIT HOSPITAL MEDICAL RECORDS CAMP HILL EMERGENCY PHYS. MEDICAL RECORDS WELLSPAN READY CARE MEDICAL RECORDS YORK HOSPITAL MEDICAL RECORDS SUSQUEHANNA SURGEONS MEDICAL RECORDS TO: CRAIG MILSTEN, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04%09/2009 CC: BARRY A. KRONTHAL, ESQ CRAIG MILSTEN, ESQ. KATHERMAN, BRIGGS, ET AL 7 EAST MARKET STREET YORK, PA 17401 COURT OF COMMON PLEAS TERM, CASE NO: 08-4651 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (21.5) 246-0900 R1.84S 133-H DE02-0500181 34247-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LOIS HOFFMAN File No. 4651 Q6 VS. PANERA : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KENNETH WOERTHWEIN, MD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street. Suite $00, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL, ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215.) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro onotary/ , Ci Division MAY 01 2009 Deputy Date: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR KENNETH WOERTHWEIN, MD YORKTOUNE FAM. MED. ASSOC 1575 BANNISTER ST. YORK, PA 17404 RE: 34247 LOIS G. HOFFMAN (HOUGENTOGLER) Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING TRANSCRIBED DOCTOR NOTES, EVALUATIONS & CONSULTATION NOTES 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: from: 01-01-2000 to 04-01-2009. Subject : LOIS G. HOFFMAN (HOUGENTOGLER) 430 HELLAM STREET, WRIGHTSVILLE, PA 17368 Social Security ##: XXX-XX-0458 Date of Birth: 01-06-1950 R1.84S 133-H SU10-078125o 34247-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LOIS HOF'FMAN -VS- PANERA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4651 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2009 MCS /on behalf of S/ marry _/-J/ ront4a1 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R1.84S 133-H DE11-0896780 34247-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LOIS HOFFMAN File No. 4651 -d? VS. PANERA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * at The MCS Group, Inc.. 1601 Market Street Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL, ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (22155) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 012009' Date: q AMI BY E COURT: P othono Jerk, ivil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 34247 LOIS G. HOFFMAN (HOUGENTOGLER) Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING EVALUATIONS OR CONSULTATION WITH REGARD TO PATIENT. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: from: 01-01-2000 to 04-01-2009. Subject : LOIS G. HOFFMAN (HOUGENTOGLER) 430 HELLAM STREET, WRIGHTSVILLE, PA 17368 Social Security #: 183-42-0458 Date of Birth: 01-06-1950 R1.84S 133-H SU10-0781252 34247-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LOIS HOFFMAN -VS- PANERA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4651 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL 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: 05/01/2009 MCS on behalf of // //?? /S/ 0-?arrV -' . -Zont4al, ej,k. BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R1.84S 133-H DE11-0896781 34247-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LOIS HOFFMAN File No. 4651-08- vs. PANERA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAMP HILL EMERGENCY PHYS (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., 1,601 Market Street, Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL, ESQ__ ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T E COURT: P thonota erk, ivil Division ?AY Q 12009 Deputy Date: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAMP HILL EMERGENCY PHYS. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 34247 LOIS G. HOFFMAN (HOUGENTOGLER) 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: from: 01-01-2000 to 04-01-2009. Subject : LOIS G. HOFFMAN (HOUGENTOGLER) 430 HELLAM STREET, WRIGHTSVILLE, PA 17368 social Security #: 183-42-0458 Date of Birth: 01-06-1950 R1.84S 133-H SU10-0781254 34247-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LOIS HOFFMAN -VS- PANERA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4651 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2009 MCS on behalf of/// / y/ BARRY A. 9KRONTHAL, ESQ. 6 Attorney for DEFENDANT R1.84S 133-H DE11-0896785 34247-LO4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LOIS HOFFMAN File No. 4651-09 vs. PANERA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WELLSPAN READY CARE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T COURT: Pr onota X-16rk 'If , vil Division 'MAY 01 2009' //J/6 ? Deputy Date: U Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WELLSPAN READY CARE 1101 S. EDGAR STREET YORK. PA 17403 RE: 34247 LOIS G. HOFFMAN (HOUGENTOGLER) Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ER ROOM RECORDS, EVALUATIONS OR CONSULTATION WITH REGARD TO PATIENT. 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: from: 01-01-2000 to 04-01-2009. Subject : LOIS G. HOFFMAN (HOUGENTOGLER) 430 HELLAM STREET, WRIGHTSVILLE, PA 17368 Social Security #: XXX-XX-0458 Date of Birth: 01-06-1950 R1.84S 133-H SU10-0781256 34247-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LOIS HOFFMAN -VS- PANERA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4651 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2009 MCS o,,//n?? behalf of // / /S/ O?arrV -14. J`rontha BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R1.84S 133-H DE11-0896787 34247-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LOIS HOFFMAN File No. 4651-09- VS. PANERA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc.- 1601 Market Street- Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3 510 TR LE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pr onota rk,Pvil Division 009 Deputy MEIN Date: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR YORK HOSPITAL MEDICAL RECORDS DEPT. 1001 S. GEORGE ST. YORK, PA 17405 RE: 34247 LOIS G. HOFFMAN (HOUGENTOGLER) Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING TRANSCRIBED DOCTOR NOTES, EVALUATIONS OR CONSULTATION, CLINIC NOTES & SURGICAL RECORDS/ NOTES. 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 : LOIS G. HOFFMAN (HOUGENTOGLER) 430 HELLAM STREET, WRIGHTSVILLE, PA 17368 Social Security #: 183-42-0458 Date of Birth: 01-06-1950 21.84S 133-H SUIO-0781258 34247-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LOIS HOFFMAN TERM, CUMBERLAND -VS- CASE NO: 08-4651 PANERA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2009 MCS on behalf of / /S/ ')parry J. Jlronl4aC, BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT R1.84S 133-H DE11-0896792 34247-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LOIS HOFFMAN File No. 4651 vs. PANERA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SUSQUEHANNA SURGEONS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * - at The MCS Group- Inc 1601 Market Street, suite 800500- Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESQ. ADDRESS: 3510 TRUNDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY / 1 2009 Date: V/ ?l BY TCOURT: 01. APAM nota , Ci it Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA SURGEONS 532 NORTH FRONT STREET WORMLEYSBURG, PA 17043 RE: 34247 LOIS G. HOFFMAN (HOUGENTOGLER) Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING TRANSCRIBED DOCTORS NOTES, ER ROOM RECORDS/NOTES, EVALUATIONS OR CONSULTATION, CLINIC NOTES & SURGICAL RECORDS/NOTES. 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 : LOIS G. HOFFMAN (HOUGENTOGLER) 430 HELLAM STREET, WRIGHTSVILLE, PA 17368 Social security #: XXX-XX-0458 Date of Birth: 01-06-1950 R1.84S 133-H SU10-0781260 34247-LO6 RLEI?-Ofl-r"k E 0I THE F 3": -n4?{?-; Y 2009 KAY -0 r im 3: 1 ?I IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LOIS HOFFMAN, Plaintiff No. 08-4651 VS. Civil Action - Law PANERA, LLC, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above action settled and satisfied. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG Dated: gP016 9 By; Craig R. Milsten, Esquire Attorney I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Praecipe to Discontinue as set forth below by first class mail: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Harrisburg, PA 17108-0932 Date: Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG By: 3. Milsten, Esquire orney for Plaintiff Attorney I.D. No.77065 7 E. Market Street York, PA 17401 (717) 848-3838 FIf..Ff:}--?' ? Irf OF TH,- r- F 4 - . ^'' TA Y 2009 AUG 21 F.' k `i?