HomeMy WebLinkAbout08-5239MARK CLARK,
Plaintiff
VS.
ARNOLD LOGISTICS,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:NO: -076139
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
Please issue a writ of summons in the above captioned action.
Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County,
One Courthouse Square, Carlisle, Pennsylvania
Date: Respectfully submitted,
ROMINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
WRIT OF SUMMONS
To The Above Named Defendants: Arnold Logistics
4410 Industrial Park Rd
Camp Hill, PA
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS
COMMENCED AN ACTION AGAINST YOU.
Date: 09-0,2"Or
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05239 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CLARK MARK
VS
ARNOLD LOGISTICS
STEVE BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
ARNOLD LOGISTICS the
DEFENDANT
, at 1615:00 HOURS, on the 8th day of September, 2008
at 4410 INDUSTRIAL PARK RD
CAMP HILL, PA 17011
KAREN WAREL, OFFICE MANAGER
by handing to
ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge n
18.00
13.00
.59
10.00
.00
41.59
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
09/09/2008
ROMINGER LAW OFFICES
By.
Deputy Sheriff
of A. D.
vs Case No. 5
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Statement of Intention to Proceeds
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To the Court:
intends to proceed with the above cad rt;Mer. z :D
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Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
MARK CLARK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
-CIVIL ACTION - LAW
: NO: CV-5239-2008 -d
VS. M
m v s -
7 `
c) ;I
ARNOLD LOGISTICS, : -
Defendants : JURY TRIAL DEMANDED
Ica c-
N)
NOTICE TO DEFEND '
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 attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you.
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. .
Cumberland County Bar Association
32 South Bedford Street.
Carlisle, PA 17013
Phone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of
Cumberland County is required by law to comply with the Americans with Disabilities Act of
1990. For information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the Court,please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the Court.
All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
MARK CLARK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: CV-5239-2008
VS.
ARNOLD LOGISTICS,
Defendants : JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Mark Clark by and through his attorney Vincent M.
Monfredo, Esquire, and avers in support of their complaint as follows:
PARTIES
1. Mark Clark(hereinafter"Plaintiff') is an adult individual currently residing at 501 Moon
St. Apt. 200, Steelton, PA 17113.
2. Arnold Logistics (hereinafter"Defendant") is a corporation with a believed office address
of 4410 Industrial Park Rd. Camp Hill, PA 17011.
FACTS
3. Previous paragraphs are incorporated herein as if full set forth.
4. On or about September 6, 2006, the Plaintiff was working at a location owned and
operated by Arnold Logistics on St. John's Rd. in Camp Hill, PA.
5. At the time Plaintiff was employed through ManPower, Inc.
6. The Plaintiff was employed as a belter collecting trash, plastic, and boxes.
7. At approximately 6:15 p.m. the Plaintiff was performing his job when he was struck in
the back by a forklift operated by an employee of Arnold Logistics.
8. The Plaintiff was standing in an area designated for packing.
9. The Plaintiff suffered physical injuries as a direct result of being hit by the forklift,
including but not limited to pain in his back, neck and head, an electrical shock, and a
concussion.
COUNT
CORPORATE NEGLIGENCE
10. Previous paragraphs are incorporated herein as if fully set forth.
11. Defendant had a duty to use reasonable care in the maintenance of safe and adequate
facilities and equipment.
12. Defendant is a corporation that can only act through its officers, agents, and employees.
13. The forklift operator who struck plaintiff was employed by Defendant.
14. Any act or omission by an employee of a corporation, performed within the scope of his
or her employment is chargeable to the corporation.
15. The forklift operator was acting within the scope of his employment when he stuck
Plaintiff.
16. The Defendant's employee had a duty to use reasonable care in operating the forklift.
17. The forklift operator breached his duty when he struck the Plaintiff.
18. Such a breach by the Defendant's employee is chargeable to the Defendant as he was an
employee acting within her scope of employment.
19. As a direct result of the Defendant's breach the Plaintiff suffered injuries as discussed
above.
20. As a direct result of Defendant's negligence the Plaintiff suffered physical injuries,pain
and suffering, and emotional distress.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in
his favor in an amount in excess of the limits for compulsory arbitration, along with punitive
damages, costs, interest, and attorney's fees against defendant.
COUNT II
PREMISES LIABILITY
21. Previous paragraphs are incorporated herein as if fully set forth.
22. Defendant owned and operated the location where Plaintiff was injured.
23. Defendant had a duty to use reasonable care in the maintenance and use of their land to
protect invitees from foreseeable harm.
24. Defendant had a duty to inspect their property and to discovery dangerous conditions.
25. The Defendants knew or should have known that they created an unreasonable risk of
harm in allowing the forklift operators to travel near or around the other employees who
are walking or standing.
26. The Defendant did not use reasonable care to protect the invitees from the danger.
27. The Defendant should have anticipated the harm that could come from having forklifts
traveling in the same area as other employees.
28. As a direct result of the Defendant's negligence Plaintiff suffered physical injuries,
emotional distress, and pain and suffering as set forth within this Complaint.
29. Plaintiff seeks one-million dollars ($1,000,000.00) in liquidated damages to fully
compensate him for his injuries and future pain and suffering.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in
her favor in an amount in the amount of one-million dollars ($1,000,000.00) in the form of
liquidated damages.
COUNT III
PUNITIVE DAMAGES
30. Previous paragraphs are incorporated herein as if fully set forth.
31. The conduct of the defendants was outrageous as they acted with reckless indifference to
the interests of others.
32. The Defendants conduct was the direct reason for the injuries sustained by the Plaintiff.
33. The Defendants should be punished in the form of punitive damages for their conduct.
34. Punitive damages should be awarded to deter the defendant and others from committing
similar acts.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in
her favor in an amount in excess of the limits for compulsory arbitration, along with punitive
damages, costs, interest, and attorney's fees against defendants.
Date: Respectfully submitted,
ROMINGER& ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID #206671
VERIFICATION
I verify that I am the petitioner and that the statements made in the foregoing Petition are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. § 4904, relating to unsworn falsification to authorities.
Date:
Mark Clark/Plaintiff
MARK CLARK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO: CV-5239-2008
vs.
ARNOLD LOGISTICS,
Defendants : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Complaint
upon the following by depositing same in the United States mail,postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Arnold Logistics
4410 Industrial Park Rd.
Camp Hill, PA 17011.
Respectfully submitted,
ROMINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID #206671
Dated:
Attorney for Plaintiff
) (- I�(-�f 3
0-01'Mt_
RAWLE & HENDERSON LAP i H PROTHONOTkr,
Diane B. Carvell
Lane E. Brody , DEC ��'
Payne Shoemaker Building CUMBERLAND COUNT‘11 Attorneys for Defendant,
240 N. 3 Street, 9 Floor PENNSYLVANIA Arnold Logistics
Harrisburg, Pennsylvania 17101
(717) 234-7700
MARK CLARK, • COURT OF COMMON PLEAS
•
CUMBERLAND COUNTY
Plaintiff •
v. CIVIL ACTION-LAW
•
NO.: CV-5239-2008
ARNOLD LOGISTICS , •
•
Defendants • JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of defendant,Arnold Logistics, in the above-
referenced matter.
RAWLE & HENDERSON LLP
.
Diane B. Carvell, Esquire
Lane E. Brody, Esquire
Attorneys for Defendant,
Dated: December 16, 2013 Arnold Logistics
6992403-1
CERTIFICATE OF SERVICE
Undersigned counsel Arnold Logistics does hereby certify that a copy of the foregoing
document will be served via United States First Class Mail upon all of the following parties:
Vincent M. Monfredo, Esquire
ROMINGER& ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
Attorneys for Plaintiff
RAWLE & HENDERSON LLP
73 17/C 1/11/4s el A VIA t d
Diane B. Carvell, Esquire
Lane E. Brody, Esquire
Attorneys for Defendant,
Arnold Logistics
Dated: December 16, 2013
6992403-1
FIEF; )-OFFIt -
OF DIE. PKO TWONOTAi.. I' To: Plaintiff,Mark Clark:
2013 DEC Q You are hereby notified to file a written response to the
enclosed PRELIMINARY OBJECTIONS within twenty
CU L LAN COUNT' (20)days from service hereof or a judgment may be entered
PENNSYLVANIA against you.
RAWLE&HENDERSON LLP
Diane B.Carvell,Esquire
RAWLE & HENDERSON LLP
Diane B. Carvell
Lane E. Brody
Payne Shoemaker Building Attorneys for Defendant,
240 N. 3rd Street, 9th Floor Arnold Logistics
Harrisburg, Pennsylvania 17101
(717) 234-7700
MARK CLARK, • COURT OF COMMON PLEAS
•
CUMBERLAND COUNTY
Plaintiff •
v. • CIVIL ACTION-LAW
•
NO.: CV-5239-2008
ARNOLD LOGISTICS , •
Defendants • JURY TRIAL DEMANDED
DEFENDANT ARNOLD LOGISTIC'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S
COMPLAINT
Defendant, Arnold Logistics ("Arnold"), by and through its attorneys, Rawle &
Henderson LLP, hereby submits the following preliminary objections to Plaintiff, Mark Clark's,
("Plaintiff') Complaint:
1. On September 2, 2008, Plaintiff filed a Praecipe For Writ of Summons
commencing litigation in the instant matter. A true and correct copy of Plaintiffs Praecipe for
Writ of Summons is attached as Exhibit A.
6975761-1
2. On September 8, 2008, Defendant Arnold Logistics was served with Plaintiff's
Praecipe for Writ of Summons. A true and correct copy of the Sheriff's Return of Service is
attached as Exhibit B.
3. On August 29, 2011, Plaintiff filed a Statement of Intention to Proceed. A true
and correct copy of Plaintiff's Statement of Intention to Proceed is attached hereto as Exhibit C.
4. Plaintiff never served Arnold with the Statement of Intention to Proceed.
5. On November 14, 2013, Plaintiff filed a Complaint against Arnold Logistics for
personal injuries based upon an injury which occurred on Arnold's property when Plaintiff was
struck by a forklift over seven (7) years ago on September 6, 2006. A true and correct copy of
Plaintiff's Complaint is attached as Exhibit D.
6. The Complaint sets forth three separate counts, Corporate Negligence, Premises
Liability and Punitive Damages. See Id.
7. Arnold is unaware of any efforts whatsoever by Plaintiff to serve Arnold with the
Notice of Intention to Proceed or the Complaint, prior to the November 14, 2013 filing of
Plaintiff's Complaint.
8. For the reasons set forth below, Plaintiff's Complaint should be dismissed
accordingly.
MOTION TO DISMISS COUNT III PURSUANT TO Pa.R.C.P. 1028(a)(2) FOR
INAPPROPRIATELY PLEADING PUNITIVE DAMAGES WITHOUT SUPPORTING
FACTUAL AVERMENTS
9. Arnold incorporates by reference all previous averments as if set forth at length
herein.
6975761-1
10. It is well-settled that a request for punitive damages does not in itself constitute a
. cause of action. See Kane v. Douglas, 67 Pa.D. & C. 4th 336 (2004); see also Feingold v.
SEPTA, 512 Pa. 567 (Pa. 1986).
11. An allegation of damages or a prayer for damages that is not legally recoverable is
an impertinent matter considered "irrelevant to that cause of action" in violation of Pa.R.C.P.
1028(a)(2). See Hudock v. Donegal Mut. Ins. Co., 264 A.2d 668, 671 n.2 (Pa. 1970).
Pa. R. Civ. P. 1028 (a)(4) provides preliminary objections are appropriate where there is a"legal
insufficiency of a pleading (demurrer)."
12. The law is clear that in order to be entitled to punitive damages, the Plaintiff must
allege and ultimately prove facts showing that the Defendant had an evil motive or acted with
reckless indifference of the consequences. Phillips v. Cricket Lighters, 883 A.2d 439, 584 Pa.
179, 189 (Pa. 2005) (citations omitted).
13. None of the counts against Arnold contain allegations of specific conduct that
would remotely come close to supporting a claim for punitive or exemplary damages.
14. Because Plaintiff has failed to allege specific facts of the kind necessary to
support a claim for punitive or exemplary damages, Plaintiff should be precluded from
recovering such damages, and such- claims should be dismissed.
15. Consequently, Count III of the Complaint is in violation of Pa.R.C.P. 1028(a)(2)
and (4) and must be stricken.
WHEREFORE, Defendant, Arnold Logistics, respectfully requests that this Honorable
Court dismiss Count III of Plaintiff's Complaint, with prejudice, by entering an order in the
attached form.
MOTION TO STRIKE PLAINTIFF'S BASELESS ALLEGATIONS OF
RECKLESSNESS
6975761-1
16. Arnold incorporates by reference all previous averments as if set forth at length
herein.
17. In Count III of Plaintiff's' Complaint, Plaintiff alleges that subject incident was
caused as a result of, inter alia, Arnold's alleged"reckless" conduct. See Exhibit"A"at¶31.
18. Under Pennsylvania law, allegations of recklessness must be supported by
evidence of conduct more serious than the commission of an underlying tort. Franklin Music
Company v. American Broadcasting Companies, 616 F.2d 528, 542 (3d Cir. 1979). See also,
Bannar v. Miller, 701 A.2d 232, 242 (Pa. Super. 1997) (citations omitted), appeal denied, 723
A.2d 1024 (Pa. 1998).
19. Plaintiff fails to aver any such facts in support of his claim for recklessness
against Arnold. See Exhibit"A," generally.
20. Plaintiff's bald allegation of recklessness in paragraph 31 does not assert any facts
that would add to the averments of negligence set forth elsewhere in Plaintiff's Complaint.
21. As such, Plaintiff fails to state a cause of action for recklessness against Arnold.
22. Absent a proper factual foundation, the Court should strike the allegation of
recklessness from Plaintiff's Complaint. See, e.g. McDaniel v. Merck, Sharp & Dohme, 533
A.2d 436 (Pa. Super. 1987) (holding that trial court properly dismissed allegations of"willful,
wanton and reckless" against defendant against whom there were only allegations of ordinary
negligence).
23. Allegations of reckless conduct are pleaded solely to support a claim or potential
claim for punitive damages. Under Pennsylvania law, the purpose of punitive damages is to
punish the tortfeasor or wrongdoer who acts recklessly and to deter him and others from
engaging in similar conduct in the future. Chambers v. Montgomery, 411 Pa. 339, 192 A.2d 355
6975761-1
•
(1963); Smith v. Brown, 283 Pa. Super. 116, 423 A.2d 743 (1980). Punitive damages may not
be awarded for ordinary negligence or gross negligence. Hutchison v. Luddv, 763 A.2d 826, 837
(Pa. Super. 2000); Castetter v. Mr. B Storage, 699 A.2d 1268, 1271 72 (Pa.Super. 1997); Takes
v. Metropolitan Edison Co., 655 A.2d 138, 146 (Pa.Super. 1995), reversed on other grounds, 695
A.2d 397 (Pa. 1997).
24. It is well settled that punitive damages will lie only in cases of outrageous
behavior, where defendant's egregious conduct shows either an evil motive or reckless
indifference to the rights of others. Williams v. Syed, 782 A.2d 1090 (Pa. Commw. 2001)
(citations omitted). ,
25. Plaintiff merely alleges that Plaintiff sustained injuries following a workplace
incident that was allegedly caused by the forklift accidently striking him. See Exhibit "A,"
generally.
26. Plaintiff fails to aver any facts whatsoever in the Complaint that are sufficient to
show that any conduct on the part of Arnold was reckless, intentional, wanton, willful, or with
evil motive.
27. Accordingly, the allegations of"reckless" conduct in Plaintiff's Complaint must
be stricken.
6975761-1
WHEREFORE, Defendant, Arnold Logistics, respectfully requests that this Honorable
Court strike the allegations of"reckless" from Plaintiff's Complaint, with prejudice, by entering
an order in the attached form.
RAWLE & HENDERSON LLP
Diane B. Carvell, Esquire
Lane E. Brody, Esquire
Attorneys for Defendant,
Dated: December 16, 2013 Arnold Logistics
6975761-1
i
P /
MARK CLARK, :IN THE COURT OF COMMON PLEAS OF
Plaintiff •▪ CUMBERLAND COUNTY,PENNSYLVANIA
vs. •▪ CIVIL ACTION- LAW
: NO: - 07 64,23 9
•
ARNOLD LOGISTICS,
Defendant : JURY TRIAL DEMANDED
PRAECIIPKFOR W447 QF!QF SVMMQNS.
To the Prothonotary:
Please issue a writ of summons in the above captioned action.
Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County,
One Courthouse Square, Carlisle,Pennsylvania
Date: Respectfully submitted,
ROMINGER& ASSOCIATES
Vincent M. Monfredo,Esquire
155 South Hanover Street
Carlisle,PA 17013
(717)241-6070
Supreme Court ID#206671
WRIT OF S JMMONS
To The Above Named Defendants: Arnold Logistics
4410 Industrial Park Rd
Camp Hill,PA
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS
COMMENCED AN ACTION AGAINST YOU.
` *I wary
Date: 09-0 2-o B • ti 1 _ . ail 0 I *II
0 `uty
MARK CLARK, : IN THE COURT OF COMMON PLEAS OF
• Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
: CIVIL ACTION-LAW r'
:NO: CV-5239-2008 c. 2 ---�
vs. -v co r rn-r;
-,4 -pr
C:.;
ARNOLD LOGISTICS, • .K-—
Defendants :JURY TRIAL DEMANDED <o -v
xca c-T
r',‘?
NOTICE TO DEFEND CO
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 attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. .
Cumberland County Bar Association
32 South Bedford Street.
Carlisle,PA 17013
Phone: (717)249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES,ACT OF 1990
The Court of Common Pleas of
Cumberland County is required by law to comply with the Americans with Disabilities Act of
1990. For information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the Court,please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the Court.
All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing,
MARK CLARK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
•
: CIVIL ACTION -LAW
:NO: CV-5239-2008
vs.
ARNOLD LOGISTICS,
Defendants : JURY TRIAL DEMANDED
VPMtIAMIT
AND NOW, comes the Plaintiff,Mark Clark by and through his attorney Vincent M.
Monfredo,Esquire, and avers in support of their complaint as follows:
PARTIES
1. Mark Clark(hereinafter"Plaintiff")is an adult individual currently residing at 501 Moon
St. Apt. 200, Steelton, PA 17113.
2. Arnold Logistics(hereinafter"Defendant")is a corporation with a believed office address
of 4410 Industrial Park Rd. Camp Hill,PA 17011.
FACTS
3. Previous paragraphs are incorporated herein as if full set forth.
4. On or about September 6, 2006,the Plaintiff was working at a location owned and
operated by Arnold Logistics on St.John's Rd. in Camp Hill,PA.
5. At the time Plaintiff was employed through Manpower,Inc.
6. The Plaintiff was employed as a bolter collecting trash, plastic, and boxes.
7. At approximately 6:15 p.m. the Plaintiff was performing his job when he was struck in
the back by a forklift operated by an employee of Arnold Logistics.
8. The Plaintiff was standing in an area designated for packing.
9, The Plaintiff suffered physical injuries as a direct result of being hit by the forklift,
including but not limited to pain in his back,neck and head, an electrical shock,and a
concussion.
COUNT I
CORPORATE NEGLIGENCE
10. Previous paragraphs are incorporated herein as if fully set forth.
11. Defendant had a duty to use reasonable care in the maintenance of safe and adequate
facilities and equipment.
12. Defendant is a corporation that can only act through its officers, agents, and employees.
13. The forklift operator who struck plaintiff was employed by Defendant.
14. Any act or omission by an employee of a corporation,performed within the scope of his
or her employment is chargeable to the corporation.
15. The forklift operator was acting within the scope of his employment when he stuck
Plaintiff.
16. The Defendant's employee had a duty to use reasonable care in operating the forklift.
17.The forklift operator breached his duty when he struck the Plaintiff.
18. Such a breach by the Defendant's employee is chargeable to the Defendant as he was an
employee acting within her scope of employment.
19. As a direct result of the Defendant's breach the Plaintiff suffered injuries as discussed
above.
20. As a direct result of Defendant's negligence the Plaintiff suffered physical injuries,pain
and suffering, and emotional distress.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in
his favor in an amount in excess of the limits for compulsory arbitration, along with punitive
damages, costs, interest, and attorney's fees against defendant.
COUNT II
PREMISES LIABILITY
21. Previous paragraphs are incorporated herein as if fully sot forth.
22. Defendant owned and operated the location where Plaintiff was injured.
23. Defendant had a duty to use reasonable care in the maintenance and use of their land to
protect invitees from foreseeable harm.
24. Defendant had a duty to inspect their property and to discovery dangerous conditions.
25. The Defendants knew or should have known that they created an unreasonable risk of
harm in allowing the forklift operators to travel near or around the other employees who
are walking or standing.
26. The Defendant did not use reasonable care to protect the invitees from the danger.
27. The Defendant should have anticipated the harm that could come from having forklifts
traveling in the same area as other employees.
28. As a direct result of the Defendant's negligence Plaintiff suffered physical injuries,
emotional distress, and pain and suffering as set forth within this Complaint.
29. Plaintiff seeks one-million dollars ($1,000,000.00) in liquidated damages to fully
compensate him for his injuries and future pain and suffering.
WHEREFORE,Plaintiff respectfully requests this Honorable Court enter Judgment in
her favor in an amount in the amount of one-million dollars ($1,000,000.00) in the form of
liquidated damages.
COUNT III
PUNITIVE DAMAGES
30.Previous.paragraphs are incorporated herein as if fully set forth.
31. The conduct of the defendants was outrageous as they acted with reckless indifference to
the interests of others.
32. The Defendants conduct was the direct reason for the injuries sustained by the Plaintiff.
33. The Defendants should be punished in the form of punitive damages for their conduct.
34. Punitive damages should be awarded to deter the defendant and others from committing
similar acts.
WHEREFORE,Plaintiff respectfully requests this Honorable Court enter Judgment in
her favor in an amount in excess of the limits for compulsory arbitration, along with punitive
damages,costs, interest,and attorney's fees against defendants.
Date: I f-14(`-`1› Respectfully submitted,
ROMINGER& ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court It)#206671
VERIFICATION
I verify that I am the petitioner and that the statements made in the foregoing Petition are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. § 4904,relating to unswom falsification to authorities.
Date: I(- lK—(3
Mark Clark/Plaintiff
J
MARK CLARK, : IN THE COURT OF COMMON PLEAS OF
• Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION- LAW
: NO: CV-5239-2008
vs.
ARNOLD LOGISTICS, •
Defendants : JURY TRIAL DEMANDED
CERTIFICATE OF SE?VICE
I,Vincent M. Monfredo, Esquire,do hereby certify that I served a copy of the Complaint
upon the following by depositing same in the United States mail,postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Arnold Logistics
4410 Industrial Park Rd.
Camp Hill,PA 17011.
Respectfully submitted,
ROMINGER& ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle,PA 17013
(717)241-6070
Supreme Court ID#206671
Attorney for Plaintiff
Dated: f(-It(-(3
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1.
SHERIFF'S RETURN - REGULAR
, CASE NO: 2006-05239 P
COMMONWEALTH OF PENNSYLVANIA:
- COUNTY OF CUMBERLAND
CLARK MARK
VS
ARNOLD LOGISTICS
STEVE BENDER Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
ARNOLD LOGISTICS the
DEFENDANT , at 1615 :00 HOURS, on the 8th day of September, 2008
at 4410 INDUSTRIAL PARK RD
CAMP HILL, PA 17011 by handing to
KAREN WAREL, OFFICE MANAGER, ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing Her attention to the contents thereof.
Sheriff ' s Costs: So Answers:
Docketing 18 . Q0
Service 13 . 00
Postage . 59
Surcharge 10 . 00 R. Thomas Kline
. 00
ibJb3/o( Q., ./ 41 . 59 09/09/2008
ROMINGER LAW OFFICES
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
f
� ,4e (
vs Case No. Vd"5rr 3 q
Statement of Intention to Proceed rev s. x-:,
zirs
(a IV �O
To the Court: Aq - CO
intends to proceed with the above ca d miner.z
=aC G? Qt 7
/7 b Print Name Unte 1/?� �Si gn Name c
Date:
f�29 -If Attorney for R...,47-,0?�
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I.Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle,551 Pa.360,710 A.2d
1104 (1998) in which the court held that"prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b)has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable.
11 Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties.
If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d)for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period,subdivision(d)(3)requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(dX2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
CERTIFICATE OF SERVICE
Undersigned counsel Arnold Logistics does hereby certify that a copy of the foregoing
Preliminary Objections to Plaintiff's Complaint will be served via United States First Class Mail
upon all of the following parties:
Vincent M. Monfredo, Esquire
ROMINGER& ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
Attorneys for Plaintiff
RAWLE & HENDERSON LLP
By.
Diane B. Carvell, Esquire
Lane E. Brody, Esquire
Attorneys for Defendant,
Arnold Logistics
Dated: December 16, 2013
6975761-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, Pennsylvania 17101
(717) 234 -7700
CE
THE PROTHONOTARY
2O { tf APR 2a t 9* 06
CUMBERLAND COUNTY
PENNSYLVANIA
Attorneys for Defendant,
Arnold Logistics
MARK CLARK,
v.
ARNOLD LOGISTICS
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO.: CV -5239 -2008
Defendants JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoena for documents and things pursuant to Rule
4009.22, Defendants Arnold Logistics, by and through their attorneys, Rawle & Henderson,
LLP, certify that:
1. A Notice of Intent to serve subpoenas with a copy of the subpoenas attached
hereto 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 objections to the subpoenas have been received.
4. The subpoenas which will be served are identical to the subpoenas which are
attached to the Notice of Intent to Serve the Subpoena.
RAWLE & j ENDERSON LLP
By:
Dated: April 27, 2014
7073943 -1
7307653 -1
N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
Our File No.: 250924
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of Arnold Logistics, LLC's
Notice of Intent to Serve Subpoenas was served via the U.S. first class mail, postage prepaid, as
follows:
Vincent M. Monfredo, Esquire
ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
Attorneys for Plaintiff
RAWLE & HE DERSON LLP
By:
Dated: April 27, 2014
G N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
7307653 -1 2
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building
240 N. 3`d Street, 9th Floor
Harrisburg, Pennsylvania 17101
(717) 234 -7700
Attorneys for Defendant,
Arnold Logistics
MARK CLARK, COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
v. CIVIL ACTION - LAW
NO.: CV -5239 -2008
ARNOLD LOGISTICS
Defendants JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22
Defendants, ARNOLD LOGISTICS, by and through their counsel, RAWLE &
HENDERSON, LLP, intends to a serve subpoenas to the following entity and identical to the one
that is attached to this Notice:
• Manpower
You have twenty (20) days from the date listed below in which to file of record
and serve upon the undersigned, any objections you may have to the subpoena. If no objections
are received, the subpoena may be served.
RAWL -, . HENDERSON LLP
By:
Dated: April 7, 2014
7073943 -1
7268082 -1
ary N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
Our File No.: 250924
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3`d Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234 -7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
No. 5239 -2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Manpower, 433 N. Enola Rd., Enola, PA 17025
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd st., 9th Floor
[SEAL]
7268194 -1
Harrisburg, PA 17101
Telephone: 717- 234 -7700
Supreme Court ID #: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
• Records pertaining to the below referenced individual who was a temporary
employee of Arnold Logistics, having obtained employment through Manpower;
• Application(s) for Employment;
• Wage & Salary Information;
• Hours worked — Attendance Records;
• Dates worked and employer(s) he worked for;
• Description of the work performed for each employer;
• Accident and/or reports of injuries sustained during his employment with each
employer;
• Workers' Compensation documents;
• Specifically, all documents relating to his employment at Arnold Logistics;
• Any and all documents relating to the incident that occurred on September 6,
2006 at Arnold Logistics;
• Any and all documents relating to benefits available to Mark Clark;
• Any and all other documents currently in your possession and control relating to
Mark Clark
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113
DOB:
SS #:
7268194 -1
CERTIFICATE OF AUTHENTICITY
From: Manpower
Re: Mark Clark
DOB:
I am the Custodian of Records for the above - named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of Arnold Logistics, LLC's
Notice of Intent to Serve Subpoenas was served via the U.S. first class mail, postage prepaid, as
follows:
Vincent M. Monfredo, Esquire
ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
Attorneys for Plaintiff
RAWLE & ` NDERSON LLP
By:
Dated: April 7,:2014
Gary N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for. Defendant
Arnold Logistics
7268082 -1 2
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, Pennsylvania 17101
(717) 234-7700
FILED -OFFICE
OF THE PROTHONOTARY
7thl4AUG I5 AM1.54
CUMBERLAND COUNTY
Attorneys for Defendant,
Arnold Logistics
MARK CLARK,
v.
ARNOLD LOGISTICS ,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO.: CV -5239-2008
Defendants JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF ADDITIONAL SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of additional subpoenas for documents and things pursuant to
Rule 4009.22, Defendants ARNOLD LOGISTICS, by and through their attorneys, Rawle &
Henderson, LLP, certify that:
1. A Notice of Intent to serve subpoenas with a copy of the subpoenas attached
hereto 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 objections to the subpoenas have been received.
4. The subpoenas which will be served are identical to the subpoenas which are
attached to the Notice of Intent to Serve the Subpoena.
RAWLE & ENDERSON LLP
By:
Dated: 8/15/14
7581874-1
ry N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
Our File No.: 250924
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, Pennsylvania 17101
(717) 234-7700
Attorneys for Defendant,
Arnold Logistics
MARK CLARK, COURT OF COMMON PLEAS
CUMBERLAND COUNTY
. Plaintiff
v. CIVIL ACTION - LAW
NO.: CV -5239-2008
ARNOLD LOGISTICS ,
Defendants JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22
Defendant, ARNOLD LOGISTICS, by and through their counsel, RAWLE &
HENDERSON, LLP, intends to serve subpoenas to the following entities and identical to the
ones that are attached to this Notice:
• Concentra Medical Centers
• Tristan Associates
• Harrisburg Hospital
• Holy Spirit Hospital
• Susquehanna Valley Pain Management
• Dr. Bernard Zeliger, Arlington Orthopedics
• Dr. Michael Dawson
• Dr. Jessica Williams
• Dr. Jonal Sheehan
• Dr. William Rolle
• Dr. Stephen Powers
• Carlisle Hospital
You have twenty (20) days from the date listed below in which to file of record and serve
7541220-1
upon the undersigned, any objections you may have to the subpoena. If no objections are
received, the subpoena may be served.
RAWLE & HE DERSON LLP
By:
Dated: 71A.d /1
7541220-1
ary N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
Our File No.: 250924
2
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Concentra Medical Centers, 4200 Union Deposit Rd., Harrisburg, PA 17111
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7541273-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541273-1
CERTIFICATE OF AUTHENTICITY
From: Concentra Medical Centers
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Tristan Associates, 4518 Union Deposit Rd., Harrisburg, PA 17111
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3`d St., 9th Floor
[SEAL]
7541275-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541275-1
CERTIFICATE OF AUTHENTICITY
From: Tristan Associates
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Harrisburg, Hospital, 111 S. Front Street, Harrisburg, PA 17101
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7541288-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541288-1
CERTIFICATE OF AUTHENTICITY
From: Harrisburg Hospital
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE
4198716-1
(PRINT NAME)
DATE
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7541294-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541294-1
CERTIFICATE OF AUTHENTICITY
From: Holy Spirit Hospital
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE
4198716-1
(PRINT NAME)
DATE
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Susquehanna Valley Pain Mgmt., 825 Sir Thomas Court, Harrisburg, PA 17109
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3`d St., 9th Floor
[SEAL]
7541307-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541307-1
CERTIFICATE OF AUTHENTICITY
From: Susquehanna Valley Pain Management
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Dr. Bernard Zeliger, Arlington Orthopedics, 825 Sir Thomas Court, Harrisburg, PA
17109
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd st., 9th Floor
[SEAL]
7541309-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541309-1
CERTIFICATE OF AUTHENTICITY
From: Dr. Bernard Zeliger, Arlington Orthopedics.
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE
4198716-1
(PRINT NAME)
DATE
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Dr. Michael Dawson, 739 E. Norwegian St., Pottsville, PA 17901
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7541316-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541316-1
CERTIFICATE OF AUTHENTICITY
From: Dr.Michael Dawson
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE
4198716-1
(PRINT NAME)
DATE
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Dr. Jessica Williams, Integrative Medicine Physician Center, 4300 Devonshire Road,
Harrisburg, PA 17901
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3`d St., 9th Floor
[SEAL]
7541321-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541321-1
CERTIFICATE OF AUTHENTICITY
From: Dr. Jessica Williams
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Dr. Jonas Sheehan, 30 Hope Drive, #13, Hershey, PA 17033
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9`h Floor
[SEAL]
7541358-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541358-1
CERTIFICATE OF AUTHENTICITY
From: Dr. Jonas Sheehan
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart(rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Dr. William Rolle, 175 Lancaster Blvd., Mechanicsburg, PA 17055
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3`d St., 9th Floor
[SEAL]
7541364-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541364-1
CERTIFICATE OF AUTHENTICITY
From: Dr. William Rolle
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Dr. Stephen K. Powers, 4310 Londonderry Rd., Ste. 202, Harrisburg, PA 17109
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7541373-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541373-1
CERTIFICATE OF AUTHENTICITY
From: Dr. Stephen K. Powers
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE
4198716-1
(PRINT NAME)
DATE
,t 4
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Carlisle Hospital, 361 Alexander Spring Road, Carlisle, PA 17015.
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7541385-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, Laboratory and Toxicology Reports, transport reports, doctor's notes,
nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-
written notes, and typed notes, electronic data including electronic data stored in a retrieval system,
office records, billing statements, payment records, health insurance claim forms, correspondence,
correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient
questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical
records, medical reports, prescription slips, and any other records, reports, records stored at an off-
site facility, and any other documentation relating to any examination, consultation, care or treatment
rendered from 2000 to the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7541385-1
4 4 4
CERTIFICATE OF AUTHENTICITY
From: Carlisle Hospital
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the. Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
4198716-1
DATE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of Arnold Logistics, LLC's
Notice of Intent To Serve Subpoenas was served via the U.S. first class mail, postage prepaid, as
follows:
Vincent Monfredo, Esq.
Monfredo and Mandarino
3300 Trindle Rd.
Camp Hill, PA 17011
Vincent Monfredo, Esq.
5000 RITTER RD STE 202
MECHANICSBURG, PA 17055
Attorneys for Plaintiff
RAWLE & ENDERSON LLP
By:
Dated: 7la5//4
7541220-1
ary N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of Arnold Logistics, LLC's
Certificate Prerequisite to Service of Subpoenas was served via the U.S. first class mail, postage
prepaid, as follows:
Dated: 8/15/14
7581874-1
Vincent Monfredo, Esq.
Monfredo and Mandarin
3300 Trindle Rd.
Camp Hill, PA 17011
Vincent Monfredo, Esq.
5000 RITTER RD STE 202
MECHANICSBURG, PA 17055
Attorneys for Plaintiff
RAWLE & H : DERSON LLP
ary N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
2
RAWLE & HENDERSON
By: Diane B. Carvell
Identification No. 77983
• 240 N. 3rd St. 9" Floor
Harrisburg, PA 17101
(717)234-7700
dcarvell@rawle.com
FILED -OFFICE
OF THE PRO THONOTAR'
LLP 20114A}p29 P9 f:25
CUMBERLAND COUNTY
PENNSYLVANIA
Attorneys for Defendant
Arnold Logistics
MARK CLARK,
Plaintiff,
v.
ARNOLD LOGISTICS,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION — LAW
NO.: CV -5239-2008
JURY TRIAL DEMANDED
DEFENDANT'S MOTION TO COMPEL DISCOVERY
AND NOW, this 10th day of July, 2014, come Defendants, Arnold Logistics by and
through their counsel, Rawle & Henderson LLP, to request an Order compelling the Plaintiff to
respond to the discovery requests as follows:
1. Plaintiff filed a Complaint on November 14, 2013.
2. On or about January 27, 2014, Defendant sent to counsel for Plaintiff,
Interrogatories and Requests for the Production and Documents. A copy of the letter addressed to
Plaintiff's attorney is attached hereto as Exhibit "A." A copy of the Interrogatories and Requests
for Production of Documents is attached hereto as Exhibit "B."
3. On or about March 4, 2014, counsel for Plaintiff sent a request, via e-mail for an
extension of time to respond the discovery request. A short extension of time was granted via e-
mail the same date. A copy of the March 4, 2014 correspondence is attached hereto as Exhibit
4. On or about March 9, 2014, Plaintiff's counsel requested via e-mail an open
extension to respond to the discovery and all matters related to the case due to his resignation
7487037-1
from Rominger and Associates. An extension to answer the discovery while the issue of
representation was determined was granted. The March 9, 2014 correspondence is attached
hereto as Exhibit "D."
5. On or about March 28, 2014 counsel for Defendant sent to counsel for Plaintiff,
via e-mail, a request for an update on representation. No response was received. A copy of that
correspondence is attached hereto as Exhibit "E."
6. On or about April 28, 2014 counsel for Defendant sent to counsel for Plaintiff via
e-mail, a request for a status update as to representation in this case. Plaintiff's counsel advised
that the issue of representation was still uncertain, but that he would get back to defense counsel
regarding a demand within the next two days. No follow up was received. A copy of that
correspondence and Plaintiff's counsel's response is attached hereto as Exhibit "F."
7. On May 23, 2014, counsel for Defendant sent to counsel for Plaintiff, via e-mail,
a request for status update as to representation in this case. No response was received. A copy of
that correspondence is attached hereto as Exhibit "G."
8. On July 1, 2014, counsel for Defendant sent to counsel for Plaintiff, via e-mail, a
request for status update and notification that the instant Motion to Compel would be
forthcoming. Plaintiff's counsel requested an extension to answer discovery until Tuesday, July
8, 2014. A copy of that correspondence is attached hereto as Exhibit "H."
9. On July 10, 2014, Plaintiff's counsel provided a number of records, but otherwise
failed to respond to Defendant's discovery requests. A copy of Plaintiff's July 10, 2014
correspondence is attached hereto as "Exhibit I."
10. As of the date of this motion, Defendant is still not in receipt of responses to the
Interrogatories or Requests for Production of Documents sent on January 27, 2014.
7487037-1
11. Plaintiff has not filed any objection or request for protective order to the
discovery requests.
12. No prior judge has ruled on any motion in this matter.
WHEREFORE, Defendant, Arnold Logistics, respectfully requests this Honorable Court
enter the attached Order compelling the Plaintiff to respond within twenty (20) days.
Respectfully submitted,
RAWLE & HENDERSON LLP
By: �� tL�ii:�►
Diane B. Carvell, squire
�rr, Counsel for Arnold Logistics
Dated: ..%1•• [if
7487037-1
EXHIBIT A
RAWLE SNDERSN LLP
GARY N. STEWART
717-234-7730
gsteware@rawle.com
DIANE B. CARVELL
717-234-7700
dcarvel8liirawle.com
January 27, 2014
Vincent M. Monfredo, Esquire
ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
The Nation's Oldest Law Office • Established in 1783
www.rawle.com
: Mark Clark vs. Her Investors, LLC, et al.
Civil Action No: CV -5239-2008
Our File No.: 250924
Dear Mr. Monfredo:
G-09 4c_f
PAYNE SHOEMAKER BUILDING
240 N. THIRD STREET, 9TH FLOOR
HARRISBURG, PA 17101
TELEPBONE:(717) 234-7700
FACSIMILE: (717) 234-7710
We enclose defendant, Arnold Logistics LLC's interrogatories and request for production of
documents in the above -referenced matter. Kindly provide responses to these discovery requests
within the time period prescribed by the Pennsylvania Rules of Civil Procedure.
Thank you for your attention and cooperation in this matter.
Very truly yours,
RAWLE & HENDERSON LLP
By:
Diane B. Carvell
Lane E. Brody
DBC/LEB/mms
Encs.
7088317-1
PHILADELPHIA, PA
PITTSBURGH, PA HARRISBURG, PA
MARLTON, NJ NEW YORK, NY
WILMINGTON, DE WHEELING, WV
EXHIBIT B
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, Pennsylvania 17101
(717) 234-7700
Attorneys for Defendant,
Arnold Logistics
MARK CLARK, COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
v. CIVIL ACTION - LAW
NO.: CV -5239-2008
ARNOLD LOGISTICS
Defendants JURY TRIAL DEMANDED
ARNOLD LOGISTICS' REQUESTS FOR PRODUCTION OF DOCUMENTS
DIRECTED TO PLAINTIFF
AND NOW, this 21ST day of January, 2014, comes defendant, Arnold Logistics, by and
through its attorneys, Rawle & Henderson LLP, hereby requests that plaintiff respond to the
following Requests for Production of Documents, within thirty (30) days of service under and
and pursuant to Pennsylvania Rule of Civil Procedure 4005.
These requests are to be deemed continuing so as to require further answer from now
until the time of trial, without further notice, if you learn further information called for herein.
These requests are addressed to plaintiff as parties to this action, and its answers shall be based
upon the information known to them, their attorneys or other representatives.
7073943-1
"Accident", "incident" and/or "occurrence" used in these Interrogatories shall refer to the
occurrences referred to in plaintiffs' Complaint.
1. A copy of any and all documents identified in plaintiff's Answers to
Interrogatories propounded by defendant.
2. A consent form executed by plaintiff for the release of plaintiff's federal income
tax returns and all attachments thereto for the calendar years January 1, 2006 to the present.
(Authorization attached).
3. A consent form executed by plaintiff for the release of plaintiffs state income tax
returns and all attachments thereto for the calendar years January 1, 2006 to the present.
(Authorization attached).
4. A consent form executed by plaintiff for the release of plaintiff's Social Security
records for the calendar years January 1, 2004 to the present. (Authorization attached).
5. Records or reports of any private physicians and any hospitals or medical
facilities relating to examinations and/or treatment of the plaintiff from the date of the alleged
accident to the present time for any causes or conditions whatsoever. (Authorization attached).
6. All records or reports of any private physician or hospital or medical facility
relating to examinations and/or treatment of the plaintiff prior to the date of his alleged accident
for any injuries or conditions:
(a) Affecting the parts of the body alleged in the Complaint to have been
injured.
(b) Involving any other injury or condition medically capable of causing any
degree of permanent partial impairment of a bodily function.
7. All x-ray films taken at any time showing any of the parts of the body alleged to
have been injured in the Complaint and/or the accident specified therein or, in the alternative,
consent forms executed by the plaintiff which will permit a representative of defendant to have
access to such films and any accompanying interpretive reports for the purpose of having them
reviewed by medical examiners acting on behalf of defendants.
7073943-1
8. A consent form executed by plaintiff which will permit defendant to obtain the
records of any public assistance or welfare organization or agency having locality jurisdiction
over the plaintiff, for any period subsequent to the date of plaintiff's alleged accident.
9. If applicable, a consent form executed by plaintiff addressed to the appropriate
department or agency of any municipality, county, state or government which through its courts
may have caused plaintiffs to be incarcerated or put on any form of restrictive probation for any
period of time prior or subsequent to the date of plaintiffs injury specified in the Complaint,
permitting defendant to obtain copies of all records relating to any court proceedings in
connection therewith and any records relating to his incarceration or probation maintained by the
institution or probationary authorities involved.
10. All photographs taken in connection with plaintiff's alleged incident.
11. All official documents or reports completed or issued in connection with
plaintiff's employment, the incident specified in the Complaint and/or plaintiff's injuries
resulting therefrom, copies of which have been obtained by plaintiff or his representatives or, in
the alternative, consent forms executed by plaintiff directed to the organizations or agencies
which issued such documents or reports in order to enable defendant to obtain copies thereof.
12. A consent form to obtain any and all education records.
13. A copy of any Complaints in other lawsuits filed on plaintiff's behalf at any time
claiming damages for personal injuries either by plaintiffs' present counsel or other counsel and
if plaintiffs maintain that any such Complaints are unobtainable, supply in lieu thereof an
affidavit setting forth the caption, court, term and number of any such Complaints and the date of
the injuries involved in each.
14. A copy of any insurance policy in effect on or since the date of your alleged
injury covering loss of earnings and/or medical and hospital expenses and/or other disability
benefits and a copy of any claims which you have made for benefits under the terms of any such
policies during the described period or an authorization permitting the release of said records
15. All documents, other than statements from witnesses and statements of opinion,
relative to the accident/incident referred to in plaintiff's Complaint.
16. All statements made and executed by any party to the litigation, his/its agents,
servants, workmen, officers and/or employees as well as any and all written statements which,
although not executed by the persons making such statements, have been approved or adopted by
them as their versions of the facts stated therein.
7073943-1 2
17. All statements made by any person who is a witness to the occurrence complained
of by the plaintiff provided such statement is signed by that person.
18. Any written statements made by a witness to be called at the time of trial which is
signed by him/her and/or approved or adopted as his/her own version of the facts stated therein.
19. All correspondence, other than attorney/client privileged communications and
materials protected under Pa.R.C.P. 4003.3, relative to the investigation of the accident/incident
referred to in plaintiffs' Complaint, including but not limited to any and all correspondence
regarding investigation of witnesses or potential witnesses.
20. Copy of any and all statements in writing and executed by the plaintiff which
relate to any allegations in the Complaint.
21. Copy of any and all statements of the plaintiff which has been electronically
recorded, or written, not signed, but adopted by the plaintiff as stating the version of the facts
contained therein or approved by the plaintiffs as being a true and correct recitation of their
knowledge of the accident/incident.
22. Copies of all accident reports involving plaintiff for the 5 years preceding the
accident.
23. All expert witness reports and C.V.s.
24. All documents, materials or evidence provided by plaintiff or their agents to the
experts plaintiff has retained to testify at trial.
25. All documents plaintiff intends to introduce at trial.
26. All notes, diaries, or calendars kept by plaintiff since the accident at issue in this
litigation.
27. Plaintiff's cell phone records with call log showing call phone calls and text
messages for the date of the accident.
7073943-1
3
28. Any and all drug or alcohol records, test results, etc. made after the subject
accident.
29. Any and all reports of accident submitted by the plaintiff to his employer.
30. Plaintiffs state and federal tax returns from 2005 to the present.
31. Authorizations for employment records of all employers from the date of accident
to present.
Dated: January 27, 2014
7073943-1
RAWLE & HENDERSON LLP
By: .:./.),cli;
Gary N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
Our File No.: 250922
4
Social Security Administration
Office of Central Records Administration
P.O. Box 129
Baltimore, MD 21235
AUTHORIZATION
RE: Name: MARK CLARK
DOB:
SSN:
I, , hereby authorize the release to Rawle & Henderson LLP, or their
representative, copies of my Social Security records including but not limited to disability,
earnings or retirement benefits for the calendar years January 1, 2003 to the present.
Name
FORM CC9
7073956-1
AUTHORIZATION FOR RELEASE OF EMPLOYMENT RECORDS
TO:
RE: Name: MARK CLARK
DOB:
SSN:
You are hereby requested and authorized to disclose, make available and furnish to the
law firm of Rawle & Henderson LLP, or its representative(s), my entire employment file,
including medical and/or insurance records, attendance records and verification of earnings.
A copy of this authorization shall have the same force and effect as the original.
Date:
7073956-1
Name
AUTHORIZATION AND RELEASE
FOR WELFARE RECORDS
To:
I, the undersigned, hereby authorize and request the above named Welfare Agency or
Department, or any other local, state or federally -funded program from which MARK CLARK
has received any assistance to furnish to the law firm of Rawle & Henderson LLP and any of their
agents or designees, copies of any and all recorded information concerning the recipient,
including complete copies of all records relating to assistance received by him/her.
This authorization is continuing in nature and is to be given full force and effect to release any
and all of the foregoing information learned or determined after the date hereof. This
authorization also includes the authority to copy and inspect any and all such records.
You are hereby released from any and all liability in connection with the disclosure of records,
documents, writings and physical evidence to the above firms.
A copy of this authorization may be used in place of and with the same force and effect as the
original.
Name of Recipients (Please type or print clearly)
Former/Alias/Maiden Name
Date of Birth of Recipient
Social Security Number of Recipient
7073956-1
Sworn to before me this
day of 20
Notary Public
HIPAA AUTHORIZATION TO DISCLOSE HEALTH INFORMATION
Patient Name:
MARK CLARK
Health Record
Number:
Date of Birth:
1. I authorize the use or disclosure of the above name individual's health information as described below:
2. Provider:
3. The type and amount of information to be used or disclosed is as follows: (include dates where appropriate)
r
I
I,
problem list
medication list
list of allergies
immunization record
most recent history and physical
//
I
I
I
►/
laboratory results
x-ray and imaging reports
consultation reports
most recent discharge summary
entire record
from (date) to (date) Present
►�
other any and all other records
4. I understand that the information in my health record may include information relat'ng to sexually transmitted disease,
acquired immunodeficiency syndrome (AIDS), or human immunodeficiency virus (HIV). It may also include information
about behavioral or mental health services, and treatment for alcohol and drug abuse. I hereby authorize the release of any
and all such information. yes No
5. This information may be disclosed to and used by the following individual or organization:
DIANE B. CARVELL, ESQUIRE
Address: Rawle & Henderson LLP
The Payne Shoemaker Building
240 N. Front Street, 9`h Floor
Harrisburg, PA 17101
For the purpose of: Legal Action
6. I understand I have the right to revoke this authorization at any time. I understand if I revoke this authorization I must do
so in writing and present my written revocation to the health information management department. I understand the
revocation will not apply to information that has already been released in response to this authorization. I understand the
revocation will not apply to my insurance company when the law provides my insurer with the right to contest a claim under
my policy. Unless otherwise revoked, this authorization will expire on the following date, event or condition: . If I
fail to specify an expiration date, event or condition, this authorization will expire in six months.
7. I understand that authorizing the disclosure of this health information is voluntary. I can refuse to sign this authorization. I
need not sign this form in order to assure treatment. I understand I may inspect or copy the information to be used or
disclosed, as provided in CFR 164.524. I understand any disclosure of information carries with it the potential for an
unauthorized re -disclosure and the information may not be protected by federal confidentiality rules. If I have questions
about disclosure of my health information, I can contact (HIM director, privacy officer, or other office or individual's
name or contact information).
Signature of Patient or Legal Representative
Date
7073956-1
REV -457 LE (7-99) (1)
PA Department of Revenue
Office of Chief Counsel
Dept. 281061
Harrisburg, PA 17128-1061
AUTHORIZATION
FOR RELEASE OF TAX
RECORDS
PLEASE PRINT OR TYPE
Pennsylvania tax records are confidential information which may be released only to the taxpayer or pursuant to
a release signed by the taxpayer. Unauthorized disclosure of tax information is a criminal offense.
Completion of this form will authorize the PA Department of Revenue to release the return documents requested
in Part II.
Carefully read the instructions on the reverse side to assure that your request can be processed promptly. It is
important that all questions be answered completely.
PART I — DESIGNATION OF INDIVIDUAL TO RECEIVE TAX RECORDS
1. Diane B. Carvell 717-234-7700
Full Name of Designated Individual Telephone No.
2. Rawle & Henderson
Name of Individual, Firm, or Agency
3. The Payne Shoemaker Bldg, 240 N. 3rd St., 9th Floor
Street Address
4. Harrisburg PA
17101
City State
Zip Code
PART II — TAX RECORDS TO BE RELEASED (See Instructions on reverse side.)
1 2 3 4 5
Taxpayer's Name As Shown On Original Return Tax ID N. Tax Record Tax Period
MARK CLARK 2006 -present
6.
7.
Current Street Address of Taxpayer
City State Zip Code
Street Address Used in Filing Returns
City
State Zip Code
PART III — CERTIFICATION
I certify that I:
x am the individual whose tax records are to be released.
0 am a duly authorized corporate officer of the corporation whose tax records are to be released.
(Corporate Title)
7073954-1
El am a general partner of the partnership whose tax records are to be released.
am empowered by a power of attorney on tax matters to request release of the tax records. See instructions on
reverse side.
X have been appointed as the executor or administrator of the deceased taxpayer whose tax records are to be
released. See instructions on reverse side.
Signature Date
7073954-1
INSTRUCTIONS
PART 1
Your designation identifies to the PA Department of Revenue the person, firm or agency to whom the PA Department of
Revenue should send the tax records that you authorized us to release.
Lines 1-4 — If you authorize the release of your tax return to an agency or firm (such as a government agency,
scholarship board or mortgage lender) on line 2, you must include the name of an individual whom we may contact and a
daytime telephone number. Complete all address information requested on lines 3 and 4.
PART II
Item 1. — If you authorize the release of a joint Personal Income Tax return, indicate the name of both spouses as shown
on the original return.
Item 2. — For Personal Income Tax returns, enter your social security number. For joint tax returns, also enter your
spouse's social security number. Please include this information to expedite processing your request.
If corporate tax reports are requested, enter the corporation tax file (box) number.
If sales tax returns are requested, enter the sales tax license number.
Item 3. — Enter the particular tax (use these abbreviations); i.e., Personal Income Tax (PIT), Corporation Tax (CT), Sales
and Use Tax (S&U), Employer Withholding (EMP), ect.
Item 4. — Enter the particular record requested; i.e., tax return, report or schedule.
Item 5. — Enter the year(s) of the tax returns that you are requesting. For fiscal year filers, enter the period ending date. If
you request more than five different periods, use additional forms. Returns which are filed five or more years ago may not
be available for release.
Item 6. — Enter your current street address.
Item 7. — If same as in item 6, enter "Same."
PART III
The PA Department of Revenue will accept only an original dated release signed by the taxpayer identifying the specific
tax records and tax years.
If you are not the taxpayer described in Part II, you must send a copy of your authorization to request the release of the
tax records. This usually will be a power of attorney on tax matters or, if the taxpayer is deceased, sufficient evidence to
establish that you are authorized to act for the taxpayer's estate.
Copies of joint returns may be furnished at the request of either the husband or the wife. Only one signature is required.
Corporate tax records will be available for release only by a duly authorized officer.
Partnership tax records will be available for release only by a general partner.
WHERE TO FILE - Send the completed for to:
PA Department of Revenue
Office of Chief Counsel
Dept. 281061
Harrisburg, PA 17128-1061
Please allow four to six weeks for your request to be processed.
7073954-1
Forfn 4506
(Rev. May 1997)
Request for Copy or Transcript of Tax Form
OMB No. 1545-
0429
Department of the Treasury
Internal Revenue Service
-* Read Instructions before completing this form.
.3 Type or print clearly. Request may be rejected if the form is incomplete or illegible.
Note: Do not use this form to get tax account information. Instead, see instructions below.
la Name shown on tax form. If a joint return, enter the name shown first. lb First social security number on tax form or
employer identification number (see instructions)
MARK CLARK
2a If a joint return, spouse's name shown on tax form
2b Second social security number on tax form
3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code
4 Address, ((including apt., room, or suite no.), city, state, and ZIP code shown on the last return filed if different from line 3
5 If copy of form or a tax return transcript is to be mailed to someone else, enter the third party's name and address
Rawle & Henderson, LLP, The Payne Shoemaker Building, 240 N. 3R0 St., 9th Floor, Harrisburg, PA 17101
6 If we cannot find a record of your tax form and you want the payment refunded to the third party, check here
7 If name in third party's records differs from line 1 a above, enter that name here (see instructions)
8 Check only one box to show what you want. There is no charge for items 8a, b, and c:
a ❑ Tax return transcript of form 1040 series filed during the current calendar year and the 3 prior calendars years (see instructions)
b 0 Verification of nonfiling.
c 0 Form(s) W-2 information (see instructions).
d ® Copy of tax form and all attachments (including Form(s) W-2, schedules, or other form(s). The charge is $23 for each period requested
NOTE: If these copies must be certified for court or administrative proceedings, see instructions an check here
csi
9 If this request is to meet a requirement of one of the following, check al boxes that apply.
❑ Small Business Administration 0 Department of Education 0 Department of Veterans Affairs 0 Financial Institution
10 Tax form number (Form 1040, 1040A, 941, etc.) 1040 and all 12 Complete only if line 8d is checked.
schedules Amount due:
11 Tax period(s) (year or period ended date). If more than four, a Cost for each period
see instructions. b Number of tax periods requested online $
$23.00
2006 -present
11
c Total cost. Multiply line 12a by line 12b.
Full payment must accompany your request. Make check or
money order payable to "Intemal Revenue Service."
Caution: Before signing, make sure all items are complete and the form is dated.
I declare that I am either the taxpayer whose name is shown on line la or 2a, or a person authorized to obtain the tax information
requested I am aware that based upon this form, the IRS will release the tax information requested to any party shown on line 5. The
IRS has no control over what that party does with the information.
lease
ign
ere
Telephone number of requestor
Signature. See instructions. If other than taxpayer, attach authorization document Date
(215)-575-4200 or (215) 575-
4270
Best time to call: 7-4 EST
Title (if line la above is a corporation, partnership, estate, or trust)
Spouse's Signature
Date
TRY A TAX RETURN
TRANSCRIPT (see line 8a
instructions)
INSTRUCTIONS
Section references are to the Internal Revenue
7.ode.
fIP: If you had your tax form filled in by a paid
)reparer, check first to see if you can get a copy
rom the preparer. This may save you both time
rnd money
'urpose of Form. — Use Form 4506 to get a tax
eturn transcript, verification that you did not file a
'ederal Tax return, Form W-2 information, or a
:opy of a tax form. Allow 6 weeks after you file a
ax form before you request a copy of it or a
ranscript. For W-2
information, wait 13 months after the end of
the year in which the wages were earned. For
example, wait until Feb. 1999 to request W-2
information for wages earned in 1997.
Do not use this form to request Forms 1099
or tax account information. See this page for
details on how to get these items.
Note: Form 4506 must be received by the IRS
within 60 calendar days after the date you
signed and dated the request.
How Long Will it Take? — You can get a tax
return transcript or verification of nonfiling
within 7 to 10 workdays after the IRS receives
your request. It can take up to 60 calendar (Continued on back)
days to get a copy of a tax form or W-2
information. To avoid any delay, be sure to
furnish all the information asked for on Form
4506.
Forms 1099 — If you need a copy of a Form
1099, contact the payer. If the payer cannot
help you, call or visit the IRS to get Form
1099 information.
Tax Account Information — If you need a
statement of your tax account showing any
later changes that you or the IRS made to
the original return, request tax account
information. Tax account information lists
For Privacy Act and Paperwork Reduction Act Notice, see back of form. Cat. No. 41721E
7073952-1
Form 4506 (Rev 5-97)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of Arnold Logistics, LLC's
Request for Production of Documents directed to Plaintiff was served via the U.S. first class
mail, postage prepaid, as follows:
Vincent M. Monfredo, Esquire
ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
Attorneys for Plaintiff
RAWLE & HENDERSON LLP
By:
Dated: January 27, 2014
7073943-1
Gary N. Stewrt, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
EXHIBIT C
Kevin Hall
From: Diane Carvell <DCarvell@rawle.com>
Sent: Tuesday, March 04, 2014 4:50 PM
To: Vincent Monfredo
Subject: RE: Clark v. Arnold Logistics
I. can grant a short extension. However, the sooner you could get that to me the better. My client is asking if
you have a settlement demand.
Thanks,
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, PA 17101
Phone: 717-234-7700
Direct: 717-234-1054
Cell: 717-961-6011
Fax: 717-234-7710
After Hours Cell 888-RAWLE-10
Commercial Motor Vehicle Dept. -PA and NY
dcarvell@rawle.com
www.rawle.com
From: Vincent Monfredo [mailto:vmonfredo@gmail.com]
Sent: Tuesday, March 04, 2014 9:51 AM
To: Diane Carvell
Subject: RE: Clark v. Arnold Logistics
Would you allow me a little more time to respond to your discovery requests and to also provide you with my
client's medical information and possible settlement request?
The delay is solely my fault and the caseload I am dealing with from the firm that I am of counsel for and
handling this case for. The client has responded to your discovery requests, but I have not had the time to
review them or prepare a detailed settlement proposal for you. Thanks,
On Feb 18, 2014 12:55 PM, "Vincent Monfredo" <vmonfredo@gmail.com> wrote:
Hello,
Meeting with client to go over your interrogatories and will send you his medicals and worker comp
lien. Thanks,
1
EXHIBIT D
Kevin Hall
From: Diane Carvell <DCarvell@rawle.com>
Sent: Monday, March 10, 2014 9:07 AM
To: Vincent Monfredo
Subject: RE: Clark v. Arnold Logistics
Vincent -
Yes, I have heard the news and I understand your dileiruna.
I have no objection to giving Mr. Clark an extension. to answer the discovery while the issue of representation is
worked out as long as delay damages do not accrue during this period of time.
Best of luck and please keep me apprised to the extent that you can.
- Diane
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, PA 17101
Phone: 717-234-7700
Direct: 717-234-1054
Cell: 717-961-6011
Fax: 717-234-7710
After Hours Cell 888-RAWLE-10
Commercial Motor Vehicle Dept. -PA and NY
dcarvell@rawle.com
www.rawle.corn
From: Vincent Monfredo [mailto:vmonfredo@gmail.com]
Sent: Sunday, March 09, 2014 1:37 PM
To: Diane Carvell
Subject: Re: Clark v. Arnold Logistics
I do not know if you have heard the news about the pending investigation into Karl Rominger. As a result I
have had to resign from his office. I currently do not have malpractice insurance as a result, nor do I know what
to do with Mr. Clark's case until I talk to counsel.
I'm sick to my stomach over all of this and I need to try and sort out numerous cases because of this
mess. Would you allow me a general continuance to figure this all out for my client? Thank you,
On Tue, Mar 4, 2014 at 1:49 PM, Diane Carvell <DCarvell@rawle.com> wrote:
1
1 can grant a short extension. However, the sooner you could get that to me the better. My client is asking if
you have a settlement demand.
Thanks,
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, PA 17101
Phone: 717-234-7700
Direct: 717-234-1054
Cell: 717-961-6011
Fax: 717-234-7710
After Hours Cell 888-RAWLE-10
Commercial Motor Vehicle Dept. -PA and NY
dcarvell@rawle.com
www.rawle.com
From: Vincent Monfredo [mailto:vmonfredo@ gmail.com]
Sent: Tuesday, March 04, 2014 9:51 AM
To: Diane Carvell
Subject: RE: Clark v. Arnold Logistics
Would you allow me a little more time to respond to your discovery requests and to also provide you with my
client's medical information and possible settlement request?
2
00411311 E
Kevin Hall
From: Diane Carvell <DCarvell@rawle.com>
Sent: Friday, March 28, 2014 4:21 PM
To: Vincent Monfredo
Subject: RE: Clark v. Arnold Logistics
Vince -
Can you please advise as to where you are with Mr. Clark's case? Will you continue to represent him?
if you are still representing him, can you please give us some idea as to the extent of his damages and your
demand?
Thanks so much and 1 hope this finds you well.
- Diane
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, PA 17101
Phone: 717-234-7700
Direct: 717-234-1054
Cell: 717-961-6011
Fax: 717-234-7710
After Hours Cell 888-RAWLE-10
Commercial Motor Vehicle Dept. -PA and NY
dcarvell@rawle.com
www.rawle.com
From: Vincent Monfredo [mailto:vmonfredo@gmail.com]
Sent: Sunday, March 09, 2014 1:37 PM
To: Diane Carvell
Subject: Re: Clark v. Arnold Logistics
I do not know if you have heard the news about the pending investigation into Karl Rominger. As a result I
have had to resign from his office. I currently do not have malpractice insurance as a result, nor do I know what
to do with Mr. Clark's case until I talk to counsel.
I'm sick to my stomach over all of this and I need to try and sort out numerous cases because of this
mess. Would you allow me a general continuance to figure this all out for my client? Thank you,
On Tue, Mar 4, 2014 at 1:49 PM, Diane Carvell <DCarvell@rawle.com> wrote:
1 can grant a short extension. However, the sooner you could get that to me the better. My client is asking if
you have a settlement demand.
1
EXHIBIT F
Kevin Hall
From: Vincent Monfredo <vmonfredo@gmail.com>
Sent: Monday, April 28, 2014 10:02 AM
To: Diane Carvell
Subject: Re: FW: Clark v. Arnold Logistics
I really am sorry about this. This mess with Karl has caused a great deal of problems. I'm still without
insurance. I was going to reach out to you because I know there is a large lien in this matter. It's likely in the
six figures for the worker's compensation. I am wondering if I should try and refer this case to another firm, but
I will work on this the next two days and get you the information you are looking for. If this case is to proceed
through litigation I may need to find new counsel.
Sony for the delay, but I will be in touch within the next two days. Thanks,
On Mon, Apr 28, 2014 at 9:58 AM, Diane Carvell <DCarvell@rawle.com> wrote:
Vince -
Can you please advise as to the status of Mr. Clark's case?
Our client has a coverage issue and we need to be able to evaluate and value this claim.
Thank you,
Diane
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, PA 17101
Phone: 717-234-7700
Direct: 717-234-1054
1
EXHIBIT G
- Kevin Hall
From: Diane Carvell <DCarvell@rawle.com>
Sent: Friday, May 23, 2014 10:29 AM
To: Vincent Monfredo (vmonfredo@gmail.com)
Subject: FW: Clark v. Arnold Logistics
Vince -
Will you please advise as to whether you are going to continue representing Mr. Clark? We have some
coverage issues and we would like to try to evaluate this claim and the value thereof.
Thank you,
Diane
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, PA 17101
Phone: 717-234-7700
Direct: 717-234-1054
Cell: 717-961-6011
Fax: 717-234-7710
After Hours Cell 888-RAWLE-10
Commercial Motor Vehicle Dept. -PA and NY
dcarvell@rawle.com
www.rawle.com
From: Diane Carvell [mailto:DCarvell@rawle.com]
Sent: Friday, March 28, 2014 4:21 PM
To: Vincent Monfredo
Subject: RE: Clark v. Arnold Logistics
Vince
Can you please advise as to where you are with Mr. Clark's case? Will you continue to represent him?
If you are still representing him, can you please give us some idea as to the extent of his damages and your
demand?
Thanks so much and I hope this finds you well.
- Diane
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
1
EXHIBIT H
X vin Hall
From: Diane Carvell <DCarvell@rawle.com>
Sent: Wednesday, July 02, 2014 10:55 AM
To: Vincent Monfredo
Subject: RE: Clark
Vince —
Tuesday is fine. however, after that, I will not have a choice.
= Diane
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, PA 17101
Phone: 717-234-7700
Direct: 717-234-1054
Cell: 717-961-6011
Fax: 717-234-7710
After Hours Cell 888-RAWLE-10
Commercial Motor Vehicle Dept. -PA and NY
dcarvell@rawle.com.
www.rawle.com
From: Vincent Monfredo [mailto:vmonfredo(agmail.com]
Sent: Wednesday, July 02, 2014 10:52 AM
To: Diane Carvell
Subject: Re: Clark
Diane,
Thank you for reaching out to me before moving forward. Yes, I am still the attorney of record. I would very
much like to find him new counsel but have not been able to. I relied on Karl Rominger's firm for finances and
I have been trying to move a great deal of the civil cases I was left with. This case will cause me some financial
hardship to continue and I may need to ask the Court to withdraw.
However, I would like to continue with the case before leaving the client without counsel. Will you allow me
through Tuesday of next week to respond to your discovery before filing your motion?
With the mess from Karl's office and moving to a new office, it has been difficult keeping up with everything. I
have this file in my possession and will turn over the discovery I have. I do not believe a motion is necessary,
and I would just ask that you give me until Tuesday before you make a decision.
Again, thank you for your patience and hopefully we can move this case along. Thank you,
i
•
On Tue, Jul 1, 2014 at 1:21 PM, Diane Carvell <DCarvell@rawle.com> wrote:
Vince -
Can you please advise what is going on with this case? You are still attorney of record. I
have been instructed to file a Motion to Compel outstanding discovery. I will not be seeking
sanctions.
Thank you,
Diane
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, PA 17101
Phone: 717-234-7700
Direct: 717-234-1054
Cell: 717-961-6011
Fax: 717-234-7710
After Hours Cell 888-RAWLE-10
Commercial Motor Vehicle Dept. -PA and NY
dcarvell@rawle.com
www.rawle.com
2
.
•
•
*************************************************************************************************************************************
This communication, including attachments, may contain information that is confidential and protected by the
attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated
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*************************************************************************************************************************************
Sincerely,
Vincent M. Monfredo, Esq.
Monfredo & Mandarin Law
3300 Trindle Rd. Second Floor
Camp Hill, PA 17011
Tel: 717.585.2064
Fax: 888.959.1331
vmonfredo@gmail.com
gmail.com
sharksinsuits.com
CONFIDENTIALITY NOT.iCE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential
ini:orniation belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the
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interception of this transmission is illegal. If you. have received this transmission in error, please promptly notify the sender by
reply e-mail, and then destroy all copies of the transmission.
3
EXHIBIT I
MONFRLDO & MANDARIN°
ATTORNEYS AT LAW
Diane Carvell
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. 3rd St., 9th Floor
Harrisburg, PA 17101
VIA HAND DELIVERY ONLY
Dear Attorney Carvell,
Trin(11<;
IPA 170111
July 9, 2014
717.3852,064
888.959.1831
Enclosed please find the documents pertaining to your request for production of
documents. I have only enclosed these informally for now. I intend to meet with my
client regarding his interrogatories and to see if he has any further documents in his
possession. I will provide a formal response to your discovery requests within the next
two (2) weeks. 1 hope that these documents will suffice for the moment.
Thank you again for the extension of time.
Vincent M. Monfredo, Esquire
www.sharksinsuits.com
RAWLE & HENDERSON LLP
By: Diane B. Carvell
Identification No. 77983
240 N. 3rd St. 9`" Floor
Harrisburg, PA 17101
(717)234-7700
dcarvell@rawle.com
F THE PROTHQNQdart,.
2014AUG 29 PM I; 25
CUMBERLAND
CQ uNttorneys for Defendant
PENNSYLVANIAArnold Logistics
MARK CLARK,
Plaintiff,
v.
ARNOLD LOGISTICS,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION — LAW
NO.: CV -5239-2008
JURY TRIAL DEMANDED
CERTIFICATE OF GOOD FAITH
I, Diane B. Carvell, attorney for Defendant, Arnold Logistics, do hereby certify that defendant
has, in good faith, attempted to obtain the responses to the interrogatories and requests for production of
documents from the Plaintiff, to no avail.
Respectfully submitted,
RAWLE & HENDERSON LLP
By:
Diane Carvell, squire
Counsel for Arnold Logistics
Dated: • al ` 1
4P
7487037-1
MARK CLARK,
Plaintiff,
v.
ARNOLD LOGISTICS,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION — LAW
NO.: CV -5239-2008
JURY TRIAL DEMANDED
ORDER
AND NOW, this 4/64 day of CLA.,nke20141 upon consideration of the
foregoing Motion, it is hereby ordered that
(1) A rule is issued upon the Plaintiff to show cause why the Defe dant is not entitled to the
e)S; AO /Li C -1--
P.36 p• Aft
relief requested; fklifa
PraTcruff.
o ion s a i" 12" • e.
in wen y says o se e upon the
' - '2 '6;: :
7487037-1
_ FIrrott
RAWLE & HENDERSON LLP THE R 0 THOI T • • •
Diane B. Carvell
LD. No.: 77983
Kevin L. Hall
I.D. No.:.311826
Payne Shoemaker Building
240 N. 3rd Street, 9th Floor
Harrisburg, Pennsylvania 17101
(717) 234-7700
40
Zt914 SEP 25 P/I I: 09
CUMBERLAND COUNTY
PENNSYLVANIA Attorneys for Defendant,
Arnold Logistics
MARK CLARK,
V.
ARNOLD LOGISTICS ,
Plaintiff
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO.: CV -5239-2008
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance as co -counsel on behalf of defendant, Arnold Logistics, in
the above -referenced matter.
RAWLE & HENDERSON LLP
By:
Dated: September 25, 2014
7732024-1
Kevin L.Hall, Esquire
Attorneys for Defendant,
Arnold Logistics
CERTIFICATE OF SERVICE
Undersigned counsel Arnold Logistics does hereby certify that a copy of the foregoing
document will be served via United States First Class Mail upon all of the following parties:
Vincent M. Monfredo, Esquire
ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
Attorneys for Plaintiff
RAWLE & HENDERSON LLP
By:
Dated: September 25, 2014
7732024-1
Kevin L. all, Esquire
Attorneys for Defendant,
Arnold Logistics
MARK CLARK,
. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 5239-2008 CIVIL TERM
ARNOLD LOGISTICS,
Defendant JURY TRIAL DEMANDED
agreement
Discovery
responses
date.
IN RE: MOTION TO COMPEL DISCOVERY
ORDER OF COURT
AND NOW, this 25th day of September, 2014, by
of the parties, the Defendant's Motion
is granted. Plaintiff shall file full
to the Defendant's discovery within 30
By the Court,
Edward E. Guido, J.
✓ Vincent M. Monfredo, Esquire
Monfredo & Mandarino Law
3300 Trindle Road, Second Floor
Camp Hill, PA 17011
For the Plaintiff
/Rawl & Henderson LLP
240 North 3rd Street, Ninth Floor
Harrisburg, PA 17101
Attorneys for the Defendant
srs
to Compel
and complete
days of today's
L-�
rn
MARK CLARK, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND, COUNTY, PENNSYLVANIA
V.
: JURY TRIAL DEMANDED
ARNOLD LOGISTICS,
DEFENDANT : NO.: CV -5239-2008
PRAECIPE FOR PLAINTIFF'S ATTORNEY
CHANGE OF ADDRESS
To The Prothonotary:
rrip
r -Z
CD
C)
With my appearance already entered on behalf of the Plaintiff, please change my address
on record as papers may be served at the address set forth below.
Date: bt
Respectfully submitted,
Vincent M. Monfredo, Esquire
3300 Trindle Rd. Second Floor
Camp Hill, PA 17011
717.635.8747
Supreme Court ID # 206671
Attorney for Plaintiff
MARK CLARK, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: JURY TRIAL DEMANDED
ARNOLD LOGISTICS,
DEFENDANT : NO.: CV -5239-2008
CERTIFICATE OF SERVICE
I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Plaintiff's
Change of Address by first class mail, addressed as follows:
Date: if
2Y-1(
Diane Carvell, Esquire
Payne Shoemaker Building
240 N. Third St. 9th Floor
Harrisburg, PA 17101
Respectfully submitted,
Vincent M. Monfredo, Esquire
3300 Trindle Rd. Second Floor
Camp Hill, PA 17011
717.635.8747
Supreme Court ID # 206671
Attorney for Plaintiff
- 4.
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building
240 N. 3`d Street, 9th Floor
Harrisburg, Pennsylvania 17101
(717) 234-7700
R
ISE 'ROTHONG
2a 14 DEc 16 A1111: Ju
CUMBERLAND COUP FY
PENNSYLVANIA
Attorneys for Defendant,
Arnold Logistics
MARK CLARK,
v.
ARNOLD LOGISTICS ,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO.: CV -5239-2008
Defendants JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF ADDITIONAL SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of additional subpoenas for documents and things pursuant to
Rule 4009.22, Defendants ARNOLD LOGISTICS, by and through their attorneys, Rawle &
Henderson, LLP, certify that:
1. A Notice of Intent to serve subpoenas with a copy of the subpoenas attached
hereto 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 objections to the subpoenas have been received.
4. The subpoenas which will be served are identical to the subpoenas which are
attached to the Notice of Intent to Serve the Subpoena.
Dated: 12/16/14
7581874-1
RAWL & ENDERSON LLP
ary N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
Our File No.: 250924
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building
240 N. 3`d Street, 9th Floor
Harrisburg, Pennsylvania 17101
(717) 234-7700
Attorneys for Defendant,
Arnold Logistics
MARK CLARK, COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
v. CIVIL ACTION - LAW
NO.: CV -5239-2008
ARNOLD LOGISTICS
Defendants JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22
Defendants, ARNOLD LOGISTICS, by and through their counsel, RAWLE &
HENDERSON, LLP, intends to a serve subpoenas to the following entity and identical to the one
that is attached to this Notice:
• Andrew Walker, DO/Concentra
• Michelle Kaufman, PA
• Louis A. Hieb, MD/Sadler Health Center
• Hershey Medical Center
• David L. Hartzell, MD
• Kline Health Center/Medicine Clinic
• Guardenzia House
• J. Ying Williaifis, MD
• Edwin A. Aquino, MD
You have twenty (20) days from the date listed below in which to file of record
7887970-1
and serve upon the undersigned, any objections you may have to the subpoena. If no objections
are received, the subpoena may be served.
Dated: November 25, 2014
7887970-1
RAWLE & H fl' DERSO ► LLP
/
By: /I
G aryl . Stewart, Esquire
iane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
Our File No.: 250924
2
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Andrew R. Walker, DO, Concentra Medical Centers, 4910 Ritter Road,
Mechanicsburg, PA 17055
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7887999-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7887999-1
CERTIFICATE OF AUTHENTICITY
From: Dr. Andrew Walker, DO/Concentra Medical Centers
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
5
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Michelle Kaufman, PA, 4310 Londonderry Rd., Ste. 106, Harrisburg, PA 17109
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9`" Floor
[SEAL]
7888009-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7888009-1
CERTIFICATE OF AUTHENTICITY
From: Michelle Kaufman, PA
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@,rawle.com
dcarvell@rawle.com.
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
CUMBERLAND COUNTY
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Louis A. Hieb, MD, Sadler Health Center, 100 N. Hanover Street, Carlisle, PA 17013
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3`d St., 9th Floor
[SEAL]
7888018-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7888018-1
CERTIFICATE OF AUTHENTICITY
From: Louis Hieb, MD/Sadler Health Center
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE
4198716-1
(PRINT NAME)
DATE
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart(airawle.com
dcarvell@rawle.com.
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Hershey Medical Center, 500 University Dr., Hershey, PA 17033
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3`d St., 9th Floor
[SEAL]
7888023-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7888023-1
CERTIFICATE OF AUTHENTICITY
From: Hershey Medical Center
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com.
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: David L. Hartzell, MD, 37 Brookwood Ave., Carlisle, PA 17015
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 31rd St., 9th Floor
[SEAL]
7888032-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7888032-1
CERTIFICATE OF AUTHENTICITY
From: David L. Hartzell, MD
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com.
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Kline Health Center Medicine Clinic, 2501 N. 3rd Street, Landis Bldg., 2"d Floor,
Harrisburg, PA 17110
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3`d St., 9th Floor
[SEAL]
7888045-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7888045-1
CERTIFICATE OF AUTHENTICITY
From: Kline Health Center Medicine Clinic
Re: Mark Clark
DOB: 5/9/53
i am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Guardenzia House, 6 State Road, Ste. 116, Mechanicsburg, PA 17050 i
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor.,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7888091-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7888091-1
CERTIFICATE OF AUTHENTICITY
From: Guardenzia House
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart@rawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v. No. 5239-2008 CIVIL
ARNOLD LOGISTICS
Defendants. JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: J. Ying Williams, MD, and/or Integrated Medicine Physician Center, PO Box 60762,
Harrisburg, PA 17106
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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 thecopies 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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 3rd St., 9th Floor
[SEAL]
7888068-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7888068-1
CERTIFICATE OF AUTHENTICITY
From: J. Ying Williams, MD, and/or Integrated Medicine Physician Center
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
ti 4
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No. 67353
By: Diane B. Carvell
Identification No. 77983
Payne Shoemaker Building, 9th Floor
240 N. 3rd Street
Harrisburg, PA 17101
gstewart(arawle.com
dcarvell@rawle.com
(717)234-7700
Attorneys for Defendant,
Arnold Logistics LLC
MARK CLARK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
ARNOLD LOGISTICS
Defendants.
No. 5239-2008 CIVIL
JURY TRIAL DEMANDED
Subpoena to Produce Documents or Things
for Discovery Pursuant to Rule 4009.22
To: Records Custodian: Edwin A. Aquino, MD, 845 Sir Thomas Court, Ste. 10, Harrisburg, PA 17109
Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following
documents or things: Please see attached Addendum at Rawle & Henderson LLP, 240 N. Third Street, 9th Floor,
Harrisburg, PA 17101.
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: Gary N. Stewart, Esquire
Rawle & Henderson LLP
Date: Address: 240 N. 31-a St., 9`h Floor
[SEAL]
7888077-1
Harrisburg, PA 17101
Telephone: 717-234-7700
Supreme Court ID#: 67353
Attorney for: Defendants
BY THE COURT:
PRO
David D. Buel, Prothonotary
f C i
ADDENDUM TO THE SUBPOENA
Please provide any and all information, including but not limited to:
Ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,
notes of other office and medical personnel, history notes, hand-written notes, and typed notes,
electronic data including electronic data stored in a retrieval system, office records, billing statements,
payment records, health insurance claim forms, correspondence, correspondence from attorney to
Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information
sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription
slips, and any other records, reports, records stored at an off-site facility, and any other
documentation relating to any examination, consultation, care or treatment rendered from 2000 to
the present to:
Mark Clark, 501 Moon Street, Apt. 200, Steelton, PA 17113 OR, 12J Hall Manor, Harrisburg, PA
17113
DOB: 5/9/53
SS#: 194-xx-7661
7888077-1
CERTIFICATE OF AUTHENTICITY
From: Edwin A. Aquino, MD
Re: Mark Clark
DOB: 5/9/53
I am the Custodian of Records for the above-named deponent.
I hereby declare under the penalty of perjury under the laws of the United States of
America that a thorough search of our files was made in answer to the Records Subpoena
attached hereto, and that the documents provided herein represent a full and complete
response to the documents requested in the aforesaid Subpoena.
I further declare under the penalty of perjury under the laws of the United States of
America that the attached documents are true and correct copies of the originals retained
by our office.
SIGNATURE (PRINT NAME)
DATE
4198716-1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of Arnold Logistics, LLC's
Notice of Intent to Serve Subpoenas was served via the U.S. first class mail, postage prepaid, as
follows:
Vincent M. Monfredo, Esquire
ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
Attorneys for Plaintiff
RAWLE & HDERSO. LLP
By.
Dated: November 25, 2014
7887970-1
Gar" N. Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of Arnold Logistics, LLC's
Certificate Prerequisite to Service of Subpoenas was served via the U.S. first class mail, postage
prepaid, as follows:
Vincent Monfredo, Esq.
Monfredo and Mandarin
3300 Trindle Rd.
Camp Hill, PA 17011
Vincent Monfredo, Esq.
5000 RITTER RD STE 202
MECHANICSBURG, PA 17055
Attorneys for Plaintiff
RAWLE & HE
Bv:
Dated: 12/16/14
7581874-1
ERSON LLP
ary I . Stewart, Esquire
Diane B. Carvell, Esquire
Attorneys for Defendant
Arnold Logistics
2