HomeMy WebLinkAbout08-6043O
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STEPHON THOMAS, CIVIL ACTION LAW
Plaintiff
NO. pg - 60.X_3 ?ilVi? IetM
V.
BIG LOTS,
Defendant JURY TRIAL DEMANDED
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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE
OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013-3387
TELEPHONE NO. (717) 249-3166
1.0
EN LA CORTE DE ALEGATOS COMUN DEL CONDADO
DE CUMBERLAND, PENNSYLVANIA
DIVISION CIVIL
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias to
plazo al partir de la fecha de la demanda y la notification. Usted debe presenter
una apariencia escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defenses o sus objeciones a las demandas en contra de sus persona.
Sea avisado que si usted no se defiende, la corte tomatara medidas y puede entrar
una orden contra usted sin previo aviso o notification y por cualquier queja o
alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO A
GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013-3387
TELEPHONE NO. (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STEPHON THOMAS, CIVIL ACTION LAW
Plaintiff
NO. 48? Go?f3
V.
BIG LOTS,
Defendant JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 7' day of October, 2008, comes the Plaintiff, by her
attorneys, Diveglia and Kaylor, P.C., who files the following Complaint on her
behalf and avers in support thereof as follows:
1. Plaintiff, Stephon Thomas, is an adult individual who resides at
702 Melrose Street, Harrisburg, Dauphin County, Pennsylvania 17104.
2. Defendant, Big Lots is a business corporation registered in a
state other than the Commonwealth of Pennsylvania but is locally located at
3437 Simpson Ferry Road, Camp Hill, Pennsylvania 17011.
3. On or about June 4, 2008, at a time prior to noon, the Plaintiff
was in the store of the Defendant at the location set forth above, and was
bending down looking for an item on a lower shelf, when she was struck on the
head by a small sized box containing a vase causing injury to her head, neck and
left shoulder.
4. Plaintiff was in no manner reaching for the box or otherwise took
any action which disturbed the positioning of the box.
5. Immediately after the box fell on Plaintiff, a man employed by Big
Lots came to that aisle, and was there with another employee who witnessed the
incident. He then attempted to replace the box on the shelf and it fell down on
a
opposite side of shelf because there were already too many items on the shelf to
accommodate the additional box.
6. As a result of being struck by the box, Plaintiff incurred spasm in
her neck and was treated by her family physician for her injury that day.
7. Plaintiff incurred medical expenses for treatment of her injury.
8. Subsequently, Plaintiff's left shoulder began to become
problematic. An MRI was ordered for her neck and shoulder, but Plaintiff could
not obtain the MRI because of lack of health insurance.
9. Due to her injuries, Plaintiff was unable to return to her
employment with Verizon for a month and a half, and thereby was discharged
from her employment.
10. Plaintiff continues to suffer pain and discomfort to her neck and
shoulder, but is unable to obtain relief from her pain and suffering due to the
fact that she can not afford to pay for the medical expenses.
11. Plaintiff is unable to find other employment due to the fact that
she continues with her injury and as such makes a claim for loss of earnings
from date of injury to present with continuing loss of earnings.
12. Plaintiff is uncertain as to the extent and nature of the injury
because she has been financially unable to obtain diagnostics to determine the
exact cause of her problems.
13. The above said injuries and losses were a result of the
negligence of the Defendant, whose negligence consisted of the following:
a. It failed to properly instruct its employees as to the
proper method of stocking shelves, and thereby created
a situation where too many items were stacked onto the
shelf which apparently caused one of the items to fall
from the shelf onto Plaintiff.
b. Defendant's employee improperly stocked the shelves
with various items, creating a situation where there is
not sufficient room and thereby leading to a situation
where one of the items fell from the shelf.
C. The Doctrine of res ipsa loquitur applies.
WHEREFORE, Plaintiff demands judgment against the Defendant for a
sum in excess of the jurisdictional limits for arbitration for the County of
Cumberland, together with interest and costs.
Respectfully submitted,
Date: to -?-a
DIVEGLJ,A-&,KAYLOR, P.
By:
Attorney 1. D. #1714(
Two Lincoln Way We
New Oxford, PA 173:
(717) 624-2500
Attorney for Plaintiff
VERIFICATION
The foregoing Complaint is based upon the information which has been
gathered by my counsel in the preparation of the lawsuit. I have read the
Complaint to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and
belief. To the extent that the content is that of counsel, I have relied upon
counsel in making this verification. This statement and verification are made
subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to
authorities, which provides that if I make knowingly false averments, I may be
subject to criminal penalties.
Dat tephon homas
`
? ??
l .F
O -•.•{ f 1 ?
? x ?._?.?
?
"Q
;:,.
(4`
' ,
---
? ? ???
_._ ..?
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06043 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THOMAS STEPHON
VS
BIG LOTS
ROBERT BITNER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BIG LOTS
the
DEFENDANT , at 0010:00 HOURS, on the 11th day of October , 2008
at 3437 SIMPSON FERRY ROAD
CAMP HILL, PA 17011
STEVE FISHER
by handing to
MANAGER
together with
a true and attested copy of COMPLAINT & NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.00
Affidavit .00
Surcharge 10.00
Postage 42
42 -42
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
10/13/2008
DIVEGLIA & KAYLOR
By:
Deputy eriff
of A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
STEPHON THOMAS,
Plaintiff,
V.
BIG LOTS,
Defendant.
CASE NUMBER: 08-6043
ISSUE NUMBER:
PLEADING:
PRAECIPE FOR APPEARANCE
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
BIG LOTS, Defendants.
COUNSEL OF RECORD:
ADAM L. SEIFERTH, ESQUIRE
Pa. ID# 89073
CIPRIANI & WERNER, P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
STEPHON THOMAS, ) CASE NO: 08-6043
Plaintiff, )
V. )
BIG LOTS, )
Defendant. )
PRAECIPE FOR APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly enter my appearance on behalf of the defendant, BIG LOTS, in the above-
captioned matter.
BY:
A JURY TRIAL IS DEMANDED
Respectfully submitted,
CIPRIANI & WERNER, PiC.
ADAM L. SEIFER'
Attorney for the De
BIG LOTS
UIRE
CERTIFICATE OF SERVICE
That counsel for the defendant, BIG LOTS, hereby certifies that a true and correct
copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by
first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure,
on the day of 2008.
Archie V. Diveglia
Two Lincoln Way West
New Oxford, PA 17350
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY:
ADAM L. SEIF
Attorney for the
BIG LOTS
t? rv
?' t ? c.? 4-•r
rn
? C)
+'
<7 1
-
.
co
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
STEPHON THOMAS,
Plaintiff,
V.
BIG LOTS,
Defendant
CASE NUMBER: 08-6043
ISSUE NUMBER:
PLEADING:
ANSWER WITH NEW MATTER OF
DEFENDANT TO PLAINTIFF'S
COMPLAINT
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
BIG LOTS STORES, INC., Defendant.
TO: PLAINTIFF, STEPHON THOMAS COUNSEL OF RECORD:
YOU ARE HEREBY NOTIFIED TO PLEAD TO ADAM L. SEIFERTH, ESQUIRE
THE ENCLOSED ANSWER WITH NEW MATTER
OF DEFENDANT WITHIN TWENTY (20) DAYS Pa. ID# 89073
FROM SERVICE HEREOF OR A JUDGMENT
MAY BE ENTERED AGAINST YOU. CIPRIANI & WERNER, P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
ADAM L. SEIFERTH, E QUI (717) 975-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
STEPHON THOMAS,
Plaintiff,
V.
BIG LOTS,
Defendant
CASE NO: 08-6043
ANSWER WITH NEW MATTER OF DEFENDANT TO
PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Big Lots Stores, Inc., incorrectly captioned as "Big
Lots" (hereinafter referred to as "Defendant"), by and through its attorneys, Cipriani & Werner,
P.C., and files this Answer with New Matter to Plaintiff's Complaint as follows:
1. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 1
of Plaintiff's Complaint and the same are, therefore, denied.
2. Denied as stated. Defendant, Big Lots Stores, Inc., is an Ohio business
corporation authorized to conduct business in the Commonwealth of Pennsylvania. Defendant
has a business address of 3437 Simpson Ferry Road, Camp Hill, Pennsylvania, 17011.
3. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 3
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 3 are denied pursuant to Pa.R.C.P. 1029(e).
4. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 4
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 4 are denied pursuant to Pa.R.C.P. 1029(e).
5. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 5
of Plaintiff's Complaint and the same are therefore denied. By way of further answer, Defendant
is without knowledge or information sufficient to identify the individuals Plaintiff contends were
the employees of Defendant and the same is, therefore, denied. To the extent a further answer is
necessary, the averments contained in paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e).
6. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 6
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 6 are denied pursuant to Pa.R.C.P. 1029(e).
7. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 7
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e).
8. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 8
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e).
9. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 9
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 9 are denied pursuant to Pa.R.C.P. 1029(e).
10. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 10
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e).
11. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 11
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e).
12. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph 12
of Plaintiff's Complaint and the same are, therefore, denied. By way of further answer, the
averments contained in paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e).
13. Denied. Defendant is advised by counsel and, therefore, avers that the allegations
contained in paragraph 13 including sub-paragraphs (a) through (c) inclusive state conclusions of
law to which no answer is required. To the extent a further answer is required, the averments
contained in paragraph 13 including sub-paragraphs (a) through (c) inclusive are denied pursuant
to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant, Big Lots Stores, Inc., requests that this Honorable Court enter
judgment in its favor and against Plaintiff, Stephon Thomas, without costs.
NEW MATTER
14. Defendant incorporates its answers to paragraphs 1 through 13 of Plaintiff's
Complaint above by reference as though fully set forth at length.
15. Defendant is improperly captioned and named as "Big Lots". The proper
corporate name of Defendant is Big Lots Stores, Inc.
16. Plaintiff's Complaint fails to state a claim upon which relief can be granted.
17. Plaintiff's alleged injuries and damages, if any, which are specifically denied,
may have been caused, either in whole or in part, by the acts or omissions of third parties other
than Defendant and over whom Defendant had no control.
18. Plaintiff's alleged injuries and damages, if any, which are specifically denied,
may have been pre-existing, either in whole or in part and are not causally related to the accident
giving rise to the present litigation.
19. Plaintiff's alleged injuries and damages, if any, which are specifically denied,
were the result of intervening and/or superseding causes, which were not the result of
Defendant's actions or inactions and over which Defendant had no control.
20. Defendant did not have actual or constructive notice of the alleged hazard which
Plaintiff claims caused her alleged injuries.
21. Plaintiff's claims may be barred, in whole or in part, by the applicable statute of
limitations.
22. Discovery may reveal that Plaintiff's claims maybe barred in whole or in part by
one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by
reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata,
release or immunity from suit.
WHEREFORE, Defendant, Big Lots Stores, Inc., requests that this Honorable Court enter
judgment in its favor and against Plaintiff, Stephon Thomas, without costs.
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY:
ADAM L. S IFERTI , E
Attorney for the Defenda
A JURY TRIAL IS DEMANDED BIG LOTS STORES, IN
VERIFICATION
I hereby affirm that the following facts are correct:
Big Lots Stores, Inc. is a Defendant in the foregoing action and I am authorized to make
this Verification on their behalf. The attached Answer and New Matter is based upon
information which I have furnished to my counsel and information which has been gathered by
my counsel in preparation for this lawsuit. The language of the Answer and New Matter is that
of counsel and not of me. I have read the Answer and New Matter and to the extent that the
Answer and New Matter is based upon information which I have given to my counsel, it is true
and correct to the best of my knowledge, information and belief. To the extent that the content
of the Answer and New Matter is that of counsel, I have relied upon counsel in making this
verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New
Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to
authorities.
Dated:
Wd- S?41Alf
Authorized Representative of
Big Lots Stores, Inc.
CERTIFICATE OF SERVICE
That counsel for the defendant, BIG LOTS STORES, INC., hereby certifies that a true
and correct copy of its ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S
COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid,
of jording to the Pennsylvania Rules of Civil Procedure, on the _ day of
IU [AmAA&h¢.,,-" , 2008.
Archie V. Diveglia, Esquire
Two Lincoln Way West
New Oxford, PA 17350
(Counsel for Plaintiff}
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY:
ADAM L. SEIFERTH, S,
Attorney for the Defen nt
BIG LOTS STORES, C.
?._ -.
c.'?;
-F
?-? -??
-i --?.--
_, ` }-i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STEPHON THOMAS, CIVIL ACTION LAW
Plaintiff
NO. 08-6043
V.
BIG LOTS,
Defendant JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
To: Adam Seiferth, Esq.
Cipriani 8s Werner
1011 Mumma Road, Suite 201
Lemoyne, PA 17403-1145
14. No answer needed.
15. Admitted as stated.
16-22. Denied. The allegations in paragraphs 16-22 are conclusions of
law for which no further response is required.
Respectfully submitted,
DIVEGLIA & KAYLOR, PC.
Date: / Z-- Z-d1(
By:
Archie-V. Diveglia, t&
Attorney I.D. #17140
Two Lincoln Way We
New Oxford, PA 173
(717) 624-2500
Attorney for Plaintiff
6 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STEPHON THOMAS, CIVIL ACTION LAW
Plaintiff
NO. 08-6043
V.
BIG LOTS,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of December, 2008, I, Archie V. Diveglia, for
DIVEGLIA 8, KAYLOR, P.C., hereby certify that a copy of the foregoing
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER was served by first class
U.S. Mail, postage pre-paid and addressed to the following:
Adam Seiferth, Esq.
Cipriani 8, Werner
1011 Mumma Road, Suite 201
Lemoyne, PA 17403-1145
Fax # 717-975-3846
DIVEGLIA 8v KAYLOR, P,,.q.
By:
krch4e_ ?iveglia, 4sgl
Attorney 1. D. #17140
Two Lincoln Way We t
New Oxford, PA 173 0
(717) 624-2500
Attorney for Plaintiff
j
d_„', 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
STEPHON THOMAS,
Plaintiff
V.
BIG LOTS,
Defendant
CASE NUMBER: 08-6043
ISSUE NUMBER:
PLEADING:
CERTIFICATE PREREQUISITE TO
SERVICE OF A SUBPOENA
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
BIG LOTS, Defendant.
COUNSEL OF RECORD:
ADAM L. SEIFERTH, ESQUIRE
Pa. ID# 89073
CIPRIANI & WERNER, P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
N
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
STEPHON THOMAS, ) CASE NO: 08-6043
Plaintiff )
V. )
BIG LOTS, )
Defendant )
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, by and through their attorneys, certifies that:
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate,
(3) no objections to the subpoena have been received, and
(4) the subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
CIPRIANI & WERNER, P.C.
BY:
A JURY TRIAL IS DEMANDED
ADAM L. SEIFERTH, LS
Counsel for the Defendant,
BIG LOTS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
STEPHON THOMAS, CASE NUMBER: 08-6043
Plaintiff, ISSUE NUMBER:
v.
BIG LOTS,
PLEADING:
NOTICE OF INTENT TO SERVE
Defendant SUBPOENA
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
BIG LOTS, Defendant.
COUNSEL OF RECORD:
ADAM L. SEIFERTH, ESQUIRE
Pa.ID# 89073
CIPRIANI & WERNER, P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
STEPHON THOMAS,
Plaintiff,
V.
BIG LOTS,
Defendant
CASE NO: 08-6043
NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendant intends to serve a subpoena identical to the one that is attached to this notice.
You have twenty (20) days from the date listed below in which to file of record and serve upon
the undersigned objection to the subpoena. If no objection is made the subpoena may be served.
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY: ? ???UU?
ADAM L. SEIFE-kf If, E
Date:" I (? Counsel for the Defendant,
BIG LOTS
A JURY TRIAL IS DEMANDED
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
STEPHON THOMAS, ) CASE NO: 08-6043
Plaintiff, )
V. )
BIG LOTS, )
Defendant )
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: Records Custodian, Arlington Orthopedics, 805 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: A complete copy of any and all medical
records, reports, diagnostic studies, test results, and correspondence regarding Stephon
Thomas -DOB: 09/11/1974
at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 1700
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: Adam L. Seiferth, Esquire
ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043
TELEPHONE: (717) 975-9600
SUPREME COURT ID # 89073
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date: 5/1,3/10
Seal of the Court eputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
STEPHON THOMAS, ) CASE NO: 08-6043
Plaintiff, )
V. )
BIG LOTS, )
Defendant )
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: Records Custodian, Orthopedic Institute of PA, 3399 Trindle Road, 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: A complete copy of any and all medical
records, reports, diagnostic studies, test results, and correspondence regarding Stephon
Thomas - DOB: 09/11/1974
at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043
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: Adam L. Seiferth, Esquire
ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043
TELEPHONE: (717) 975-9600
SUPREME COURT ID # 89073
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date: 311e)
SA I o the Court D ty
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
STEPHON THOMAS, ) CASE NO: 08-6043
Plaintiff, )
V. )
BIG LOTS, )
Defendant )
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: Records Custodian, Department of Labor & Industry, Office of Unemployment
Compensation Benefits, 5th Floor, L & I Building, 651 Boas Street, Harrisburg, PA
17121
Within twenty (20) days after the service of this subpoena, you are ordered by the Court
to produce the following documents or things: A complete copy of any and all records that
touch, relate to or concern Stephon Thomas - DOB: 09/11/1974
at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043
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: Adam L. Seiferth, Esquire
ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043
TELEPHONE: (717) 975-9600
SUPREME COURT ID # 89073
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court D rtv
CERTIFICATE OF SERVICE
That counsel for the Defendant, BIG LOTS, hereby certifies that a true and correct copy
of its NOTICE OF INTENT TO SERVE SUBPOENA has been served on all counsel of record,
by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on
the day of 2010.
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY:
ADAM L. SEIFERTH, S'
Counsel for the Defendant,
BIG LOTS
CERTIFICATE OF SERVICE
That counsel for the Defendant, BIG LOTS, hereby certifies that a true and correct copy
of its CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA has been served on
all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules
of Civil Procedure, on the ?- day of 2010.
Archie V. Diveglia, Esquire
Two Lincoln Way West
New Oxford, PA 17350
(Counsel for Plaintiff }
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY: ( ?PSyt?d?eZ?"ADAM L. SEIFERTH, ES
Counsel for the Defendant,
BIG LOTS
PRAECIPE FOR LISTING CASE FOR TRIAL
Cn
(must be typewritten and submitted in triplicate) Q4 {
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
for JURY trial of the next term of civil court
? for trial without a jury.
------------------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(Other)
STEPHON THOMAS,
(Plainti
vs. The trial list will be called on
January 4, 2011 and
BIG LOTS,
(Defendant) Trials commence on Janua 31, 2,011
VS. Pretrials will be held on January 19,
2011. (Briefs are due 5 days before
pretrials)
No. 08-6043 _, Civil Term
Indicate the attorney who will try the case for the parry who files this praecipe:
Archie V. Diveglia, Esquire
Indicate trial counsel for other parties if known:
This case is ready for trial.
Date: I1 ,5'/®
Signed:
Print Name:
Attorney for: Plaintiff
00 ?
UU
(check one)
Civil Action - Law
? Appeal from Arbitration
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STEPHON THOMAS, CIVIL ACTION LAW
Plaintiff
V. NO. 08-6043
BIG LOTS,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 5th day of November, 2010, I, Archie V. Diveglia, for
DIVEGLIA 8v KAYLOR, P.C., hereby certify that a copy of the foregoing; PRAECIPE
FOR LISTING CASE FOR TRIAL was served via first class snail, postage pre-maid,
and addressed to the following:
Adam Seiferth, Esquire
Cipriani & Werner
1011 Mumma Road, Suite 201
Lemoyne, PA 17403-1145
DIVEGLIA & KAYLOR, P
Archie-V Diveglia, EsgL
Diveglia (% Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(717)-624-2500
Attorney for Plaintiff
I I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
STEPHON THOMAS, CIVIL ACTION LAW
Plaintiff .
V. NO. 08-6043
BIG LOTS,
Defendant JURY TRIAL DEME1r
PRAECIPE FOR DISCONTINUANCE
4c?
.? c-? -v ca --t
C-1
FT1
The Prothonotary 1
Please discontinue the above case. All claims of the Plaintiff have been
satisfied in full.
Respectfully Submitted,
DIVEGLIA & KAYLOR, P.C.
Date: -(
By:
Archlr-V. Diveglia, E c
Attorney I.D. # 1714
Two Lincoln Way West
New Oxford, PA 17350
(717) 624-2500
Attorney for Plaintiff
V 'k
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
STEPHON THOMAS, CIVIL ACTION LAW
Plaintiff
V. NO. OS-6043
BIG LOTS,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 8t' day of February, 2011, I, Archie V. Diveglia, Esquire for
DIVEGLIA & KAYLOR, P.C., hereby certify that a copy of the foregoing PRAECIPE
FOR DISCONTINUANCE was served via facsimile at (717) 975-3846 and
addressed to:
Adam Seiferth, Esquire
Cipriani & Werner
1011 Mumma Road, Suite 201
Lemoyne, PA 17403-1145
DIVEGLIA & KAYLOR, P.C.
By:
Attorney I.D. t 1 40
Two Lincoln Way Wes
New Oxford, PA 1735(
(717) 624-2500
Attorney for Plaintiff