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Home My WebLink About01-6579 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. BOSCOV'S DEPARTMENT STORE, INC., : and BOSCOV'S DEPARTMENT, LLC, '-t5:X) ~,V,\O l1\ev\IJ~\l\€ he ~~"Ni11 ~C\ \q~~ndants. No. OJ - 0571 PRAECIPE TO ISSUE WRIT OF SUMMONS Filed on behalf of Plaintiff, James W. and Louise A. Deffenbaugh Counsel of Record for This Party: TUCKER ARENSBERG & SWARTZ Stephen M. Greecher, Jr. PA I.D. No. 36803 Kenneth W. Lee PA I.D. No. 50016 III North Front Street P. O. Box 889 Harrisburg, P A 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. BOSCOV'S DEPARTMENT STORE, INC., : and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. Praecipe to Issue Writ of Summons TO: Prothonotary: Please issue a Writ of Summons against the above-named defendants. ~N'RF~ARTZ I~en M. Greecher, Jr. PA I.D. No. 36803 Kenneth W. Lee PA I.D. No. 50016 111 North Front Street P. o. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 45164 -.. (") 0 ~ 0 0 "'Os: 2: -.) ~ ..{: ...c OJ ~ !Ern 0 ~'r'': ~ <(t ~ -c:: ~, ~n ;::;:=R "p-;;- ~ 8 d (/)5. N :rl[E '6 ::<: "". - 9.J ~c " :::;J(:) - ca ~ 3Eo ~~j~ --S:> ~ ~ -=t ~ .>0 ::J/: ~ ~ ~ r:? om ~ j r =< c.n 'i;! - ~ --< { Commonwealth of Pennsylvania County of Cumberland Janes W. Deffenbaugh and Louise a. Deffenbaugh, His Wife VB. Court of Common Pleas Boscov J S Department Store, Inc., and Boscov's Department, LLC. 4500 perkianenville Avenue Reading PA 19606 2001-6579 Civil No. _____________________________________ 19____ Civil Law In _____________________________________________ To _~~~~_J_~_~~~I]:t.?_.~<?~_,__!!:l~_~!:lS!._J?oSCOV'S Department, LLC You are hereby notified that Janes W. Deffenbaugh and Louise A. Deffenbaugh His Wife -------------------------------------------------------------------------------------------------- the Plaintiff ha commenced an action in _~~yi.~_~~!:i.~I]_~____________________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date ___NrnrenhPr _2L-_2llill______ 19____ ._~~!~--~:_~~~------------------------------ . Prothonotary By -~-1?l--~ n~ ____ Deputy A2f'ld- -"]~'1:ll-'cn ffi'~~& 8~ ~ ........r-t j! ~ I-'~ I ago.rn ~ I ~-;liF g ~ !n'm N 1-'- Z P' , W!8'OCD '() CD ::e: I ~ ::i::l 'I-" 'N ~ X 1< H ~ rn :1>'. '0 I-' P':S: ,I-'- ~f.~ . 10 N co . 'i-' 1?~ ,I-' I-' CO"'l , II '1:l\O80 l~ r 10'1 ~ ::l~ 1-111-11 'l11 Ir-t \0 ~l ~~ .-..] I-' r-t II-'- 1\0 > -..] 18 ~el gO" I if I-' ~i 0'1 1-' ji ~ I() 0 , .... ::l If-'- ~ co ~~ Ii CD r-t Cl.O 1< , ~ ~ ~P' I~ 0 CD co r-tc.., 5' . ~ , co H CDr-tO , \0 . ::l. H ::co. , C CD 1-'- I I tt:l CD t"'. rn I rn F)H ::e: , ..0 - . ::l 1-'- co () 1-11 I . CD I . , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEFFENBAUGH JAMES W ET AL VS BOSCOV'S DEPARTMENT STORE INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BOSCOV'S DEPARTMENT STORE INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 11th, 2001 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing Out of County Surcharge Dep Berks County 18.00 9.00 10.00 34.52 .00 71.52 12/11/2001 TUCKER ARENS BERG so~~~~ .-,: . ~ - =-- R/ Thomas Kline Sheriff of Cumberland County SWARTZ Sworn and subscribed to before me th's J"~ d f In I . _-2. ay 0 A !Ln,.. <H,- ~ ;lwr A.D. ~~()~j~ Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEFFENBAUGH JAMES W ET AL VS BOSCOV'S DEPARTMENT STORE INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BOSCOV'S DEPARTMENT STORE LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 11th, 2001 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 12/11/2001 TUCKER ARENSBERG So answe:sp-.- //:/ ~ _ ~~~/ / R~ Thomas Kline Sheriff of Cumberland County SWARTZ Sworn and subscribed to before me this /3 It' day of /.. QJI"~ -hol A.D. C)'1A' O_)p. Ii , Prothonotary ~ , SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072 Barry Jl!zwiak, Sheriff Eric J Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 01-6579 COMMONWEALTH OF PENNSYL VANIA; COUNTY OF BERKS Personally appeared before me, CYNTHIA TOOLE, Deputy for Barry J, Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on DECEMBER 4,2001 at 11;59 AM, he served the annexed WRIT OF SUMMONS upon BOSCOV'S DEPT. STORE, INC, within named defendant, by handing a copy thereofto JANE GLENN, EXECUTIVE SECRETARY, at 4500 PERKIOMEN A VENUE, READING, EXETER TOWNSHIP, Berks County, Pa" and made known to defendant the contents thereof. ...--:' /J d ~A1~ PUTY SH F OF BERKS CO.,J;'A d subscribed before me day of DECEMBER, 2001 Service made as set forth above, NOTARIAL SEAL TAMMY RODRIGUEZ. Notary Public Reading, Berks County, PA My CommiSSion Expires 10-06.2003 t::,wers'(J ~ SHEIDFF OF BERKS COUNTY, PA Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 34,52 ACTUAL COST OF CASE $ 65.48 AMOUNT OF REFUND All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. _See, 2, Act of June 20, 1911, P,L/ 1072 SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072 Barry JQzwiak, Sheriff Eric J. Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 01-6579 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, CYNTHIA TOOLE, Deputy for Barry J, Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on DECEMBER 4, 200 I at II :59 AM, he served the annexed WRIT OF SUMMONS upon BOSCOV'S DEPT. STORE, LLC, within named defendant, by handing a copy thereofto JANE GLENN, EXECUTIVE SECRETARY, at 4500 PERKIOMEN A VENUE, READING, EXETER TOWNSHIP, Berks County, Pa" and made known to defendant the contents thereof. subscribed before me y of DECEMBER 2001 NOTARIAL S~AL TAMMY RODRIGUEZ, Notary Public Reeding, BerkS County. PA My CommiSSion Expires lD-06-2003 Service made as set forth above, ~we~, (j f),..J SHERIFF OF BERKS COUNTY, PA Sheriff's Costs in Above Proceedings $ DEPOSIT $ ACTUAL COST OF CASE $ AMOUNT OF REFUND All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act ofJone 20, 1911, p.L/lOn In The Court of Common Pleas of Cumberland County, Pennsylvania James w. Deffenbaugh et al VS. Boscov's Department Store, Inc. et al SERVE: Boscov I s Department Store LLC No. 01 6579 civil Now, Novanber 27 ,20 01 ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~~~I Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this_ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania James W. Deffenbaugh et al VS. Boscov's Department Store. Inc. et al SERVE: Boscov's Deparbnent Store. Inc. No. 01 6579 civil Now, Novanber 27 ,20~, I, SHERIFF OF CUlVIBERLAND COUNTY, P A, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. . -~~ -~~/ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of )0 ,-- COSTS SERVICE MILEAGE AFFIDAVIT $ $ BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PAl 7108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY v NO. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC CIVIL LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. DATE / /tej;2- EDELSTEIN B' B Y A. KRONTHAL Attorney J.D. #55672 Attorneys for Defendants, BOSCOV'S DEPARTMENT STORE, INC. 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. DATE:.Ja,AJt.-<.Jia...j J..9..;loo~ (L-i-;.; l? ~ PROTHONOTARY CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Rule to File Complaint on all counsel of record by placing the sa;Z ~ the United Sta~s mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the +fJ day of V~002, and addressed as follows: Stephen M. Greecher, Jr. III N. Front Street P.O. Box 889 Harrisburg, P A 17108 MARGOLIS EDELSTEIN WeJItwv0 By: Carol Moose D:\1 Travelers\24200A-00021 \Pleadings\Rule to File Complaint.I-17-02.wpd .... ,- () C) 0 c: f"-' 'n :s:: '- ..,.j -OW ,"" ,-li-n rnrn z z:r} N .." .. t;C' ;,~ C_f'l ".- W .:.(L', :'{:; '<'C. .~ '''.:::'1'1 ~o ::;r.: ;;.:;:.C) -n c5rn >c -~ :z -. ~ :.n $ U' -< H !LlfF"':; ! BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court J.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthaI@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY v NO. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC CIVIL LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYL VANIA: Kindly file the attached Certificate of Service of the Rule to File Complaint of Defendants, Boscov's Department Store, Inc., and Boscov's Department, LLC. MARGOLIS EDELSTEIN DATE: ;:) / If !02 BARRY AL Attorney J.D. #55672 B. Attorneys for Defendants, BOSCOV'S DEPARTMENT STORE, INC. 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 ." BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, COURT OF COMMON PLEAS CUMBERLAND CO~!Y c:> ~; ;,'~ 0;.,_ __ NO. 2001-6579 ;:;o,n.:: ~ i~~ ,,-~ (f~.' ,r, CIVIL LAW _', ' r:::c' v BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC ~' ,.; .-- PRAECIPE FOR RULE TO FILE COMPLAINT ~-::; f ?;",; ::j -, :)1 'r> TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. DATE: //I~~ TRUE COpy FROM RECORD !Il T GZlimof1Y whRr~l, I here unto set my hand Mi:J tiJ6 s..'ii.il 91 s.a:d Court at Cariisle, F'-d. '- T~~~ ~~ ~_~Y' J~~ thonotary EDELSTEIN B B Y A. KRONTHAL Attorney LD. #55672 Attorneys for Defendants, BOSCOV'S DEPARTMENT STORE, INC. 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. DA TE: .J 2tVI.-<..'a.fLj .J.. 9,).00 dl....... (J-,/?7-~.J k PROTHONOTARY Ed- ._~~._._".,__~___.,."__.u~ ""_"~_.._..'.'____ . . CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Rule to File Complaint on all counsel of record by placing the same in the United khs mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the _4-.1- h day of 1'71 (;V~'--f002, and addressed as follows: Stephen M. Greecher, Jr., Esquire Ken Lee, Esquire. 111 N. Front Street P.O. Box 889 Harrisburg, P A 17108 MARGOLIS EDELSTEIN (J Q') .1t~ (rkJ.a.J By: Carol Moose D:\1 Travelers\24200.4~OOO21\Pleadings\Rule to File Certificate.2-4-02.wpd . , (') c:> C) C 1'-' -;1 :? ...., ""', ..~ ""('leU ,., nll'l: O~ ,-.-- Z:T! , I " i\l vS _.,,;e) U. ~~~ ~~) '<-- kcj --0 ::r~ -I-) ~o ::;;: ("")-- o,~ /.- -,-0 S >c ~ Ul ~ -J ;-<; ct r " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, No. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE, INC., : and BOSCOV'S DEPARTMENT STORE LLC, COMPLAINT Defendants. Filed on behalf of Plaintiffs, James W. and Louise A. Deffenbaugh Counsel of Record for This Party: TUCKER ARENSBERG & SWARTZ Kenneth W. Lee PA J.D. No. 50016 Stephen M. Greecher, Jr. PA J.D. No. 36803 III North Front Street P. O. Box 889 Harrisburg, P A 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. NOTICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDlATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 TUCKERARENSBERG & SWARTZ, P.c. . Kenneth W. Lee PA J.D. No. 50016 III North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 Dated: #I /;_/ ".il. I ATTORNEYS FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. COMPLAINT And now, comes Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, by and through their attorneys, Tucker Arensberg & Swartz, who file this Complaint of which the following is a statement thereof. I. Parties I. Plaintiffs are James W. Deffenbaugh and Louise A. Deffenbaugh, husband and wife, who are adults and reside at 6230 Haydon Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Boscov's Department Store, Inc., is, upon information and belief, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 4500 Perkiomenville Avenue, Reading, Berks County, Pennsylvania. 3. Defendant, Boscov's Department Stores, LLC, is, upon information and belief, a limited liability corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place located at 4500 Perkiomenville Avenue, Reading, Berks County, Pennsylvania. 4. At all times material hereto, Defendants were and are doing business regularly in Cumberland County and in the jurisdiction of this Court. 5. At all times material hereto, either or both of the defendants were in possession, custody and control of the premises known as Boscov's Department Store, 370 Camp Hill Shopping Mall, Camp Hill, Cumberland County, Pennsylvania, (hereinafter "Premises"). II. Facts 6. Plaintiffs incorporate herein by reference paragraphs I through 5 of this Complaint as though fully set forth at length. 7. The Premises are a large department store for which defendants solicit and encourage the public to enter upon so as to permit the public to purchase the wares and merchandise which defendants have in and upon the Premises. 8. Defendants conduct extensive public advertising campaigns to entice the public to enter upon the Premises with the most extensive and busiest time upon the Premises being the period between Thanksgiving and December 26 each year. 9. Defendants maintain and employee surveillance equipment and security personnel upon the Premises to, inter alia, provide for the protection and security of defendants' patrons and customers and of the wares or merchandise located in and upon the Premises. 2 '. 10. On or about December 8, 1999, defendants' personnel observed the theft of certain wares and/or merchandise from the Premises by Kenneth E. Cline. II. Upon information and belief, it is averred that though defendants' security personnel observed the illegal conduct of Kenneth E. Cline, no action of whatsoever kind or character was taken by defendants to apprehend Kenneth E, Cline on December 8, 1999. 12. On the morning of December 9, 1999, plaintiff, James W. Deffenbaugh, and his mother, entered upon the Premises for purposes of conducting Christmas shopping from defendants' wares and merchandise and thus, at all times material hereto, Plaintiff James W. Deffenbaugh was a business invitee upon the Premises. 13. The Premises contained many other business invitees conducting Christmas shopping on December 9, 1999. 14. On December 9, 1999, at approximately 10:30 a.m., defendants' personnel observed the aforesaid Kenneth E. Cline enter upon the Premises with the wares or merchandise which defendants' personnel had observed Kenneth E. Cline removing from the Premises on the previous day. 15. Though defendants' personnel knew, had reason to know or should have known that the aforesaid Kenneth E. Cline was a dangerous person or presented the potential to create a dangerous condition defendants' personnel failed to (a) apprehend him, (b) attempt to apprehend him or (c) otherwise attempt to prevent his entry upon the Premises and permitted the aforesaid Kenneth E. Cline to traverse to the middle of the Premises, up two (2) flights of stairs and to defendants' merchandise exchange and/or refund desk, notwithstanding the large number of business invitees upon the Premises. 3 " 16. Though defendants' personnel knew, had reason to know or should have known on December 9, 1999, that any attempt at the apprehension of the aforesaid Kenneth E. Cline after he traversed to defendants' merchandise exchange and/or refund desk could place at jeopardy the lives, safety and health of some or all of the large number of business invitees upon the Premises, defendants' personnel permitted the aforesaid Kenneth E. Cline to traverse to the middle of the Premises, up two (2) flights of stairs and to defendants' merchandise exchange and! or refund desk. 17. Upon information it is averred that the purpose of defendants' personnel permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and to traverse the Premises to defendants' merchandise exchange and/or refund desk was to provide Kenneth E. Cline the opportunity to exchange the wares or merchandise he illegally took the previous day for money and thereby permit defendants to have Kenneth E. Cline charged with a higher graded criminal offense(s) than if defendants' personnel had apprehended Kenneth E. Cline on December 8, 1999, or upon his immediate entry upon the Premises on December 9, 1999. 18. Upon information and belief it is averred that when on December 9, 1999, the aforesaid Kenneth E. Cline attempted to exchange for money the wares or merchandise which he illegally obtained the previous day defendants' personnel attempted to apprehend him for purposes of a criminal arrest. 19. The attempt by defendants' personnel to apprehend the aforesaid Kenneth E. Cline on December 9, 1999, was unsuccessful and he fled from defendants' merchandise exchange 4 and/or refund desk, back down the stairs, into the middle of the Premises and amongst the large number of business invitees upon the Premises. 20. At all times during the flight of the aforesaid Kenneth E. Cline, on December 9, 1999, defendants' personnel requested assistance in the apprehension of Kenneth E, Cline from the business invitees and other personnel of defendants upon the Premises. 21. The flight of the aforesaid Kenneth E. Cline on December 9, 1999, become violent in that it resulted in the destruction of or damage to numerous items of wares or merchandise and the destruction of, damage to or the spilling or upheaval of the display cases and/or shelves upon which the destroyed or damaged wares or merchandise had been located. 22. During the aforesaid Kenneth E. Cline's flight on December 9, 1999, and at the specific request of defendants' personnel, Plaintiff James W. Deffenbaugh attempted to and did cause the apprehension of Kenneth E. Cline through a violent collision with Kenneth E. Cline approximately in the center of the Premises at or near defendants' "Courtesy Desk." 23. Notwithstanding the specific requests of defendants' personnel on December 9, 1999, to apprehend the aforesaid Kenneth E. Cline, the violent collision between Plaintiff James W. Deffenbaugh and Kenneth E. Cline could not have been avoided because of the path of Kenneth E. Cline's flight and the location of Plaintiff James W. Deffenbaugh upon or within the Premises, 24. As a direct result and proximate result of the violent collision on December 9, 1999, with the aforesaid Kenneth E. Cline, Plaintiff James W. Deffenbaugh suffered injuries, including aggravation to pre-existing injuries, to his head, left eye, shoulder, neck, back and right knee, all of which resulted in substantial medical care and treatment. 5 25. As a direct and proximate result of the injuries and complications thereof resulting from the violent collision on December 9, 1999, with the aforesaid Kenneth E. Cline, Plaintiff James W. Deffenbaugh incurred medical expenses and will continue to incur medical expenses for treatment and/or therapy in the future. 26, As a direct and proximate result of the injuries he incurred on December 9, 1999, Plaintiff James W. Deffenbaugh has endured pain, suffering, humiliation, mental anguish, emotional distress and the loss of life's pleasures, and will continue to endure pain suffering, humiliation, mental anguish, emotional distress and the loss of life's pleasures into the future. 27. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will continue to be limited in his normal daily activities. 28. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will continue to suffer impairment to his general health, strength and vitality. 29. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will be obligated to receive and undergo medical attention and care, will incur various expenses for medical treatment and will be obligated to continue to expend such sums for an indefinite time in the future. 30. As a direct and proximate result of the injuries he sustained on December 9,1999, Plaintiff James W. Deffenbaugh has and hereinafter may incur other expenses or losses for which he claims to the extend permitted by applicable law. 31. On or about December 9, 1999, and after he sustained his injuries, defendants, by and though their authorized representatives, agents and/or employees, agreed to pay for the 6 medical treatment of Plaintiff James W. Deffenbaugh for the injuries he sustained on December 9, 1999, with defendants placing no limitations thereon as to the length of time or amount thereof. 32. Defendants paid or caused to be the medical expenses of Plaintiff James W. Deffenbaugh until February of 2001 when defendants, without notice or explanation to Plaintiff James W. Deffenbaugh, refused to payor cause to be paid any further medical expenses relating to the injuries he incurred on December 9, 1999. III. Count One - Breach of Contract and Declaratory Judgment 33. Plaintiffs incorporate herein by reference paragraphs I through 32 of this Complaint as though fully set forth at length. 34. The failure or refusal by defendants to pay the medical expenses of Plaintiff James W. Deffenbaugh is a breach of an implied and/or expressed contract. 35. Plaintiff James W. Deffenbaugh detrimentally relied upon defendants' promises to pay his medical expenses in that: a. he did not report the injuries to his medical Insurance provider; b. he obtained medical insurance coverage with a substantially higher deductible; and c. he is unable or may be unable to obtain medical insurance coverage for injuries he sustained on December 9, 1999, because those injuries constitute "pre-existing" conditions. 36. Though demands have been made, defendants have failed or refused to cure their breach and pay the outstanding balance of the medical expenses incurred in the approximate 7 amount of $2,000.00 and provide assurance that defendants will continue to pay for the medical treatment which Plaintiff James W. Deffenbaugh shall require. 37. Plaintiff James W. Deffenbaugh is entitled to relief pursuant to the Declaratory Judgment Act that defendants are required to pay any and all past, current and future medical expenses incurred for the injuries sustained on December 9, 1999, by Plaintiff James W, Deffenbaugh. 38. All conditions precedent have occurred or been performed. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in the amount of $2,000.00, declaratory relief as set forth in paragraph 37 of this Complaint, interest, costs and such further relief as this Court deems appropriate. IV. Count Two - Negligence 39. Plaintiffs incorporate herein by reference paragraphs I through 32 of this Complaint as though fully set forth at length. 40, The presence of the aforesaid Kenneth E. Cline upon the Premises on December 9, 1999, constituted a hazardous and/or dangerous condition. 41. The presence of the aforesaid Kenneth E. Cline upon the Premises on December 9, 1999, in or near defendants' merchandise exchange and/or refund desk and in or near defendants' "Courtesy Desk" constitutes careless and negligent conduct by defendants, their agents, representatives and/or employees. 8 42. The hazardous and/or dangerous conditions which caused Plaintiff James W. Deffenbaugh to incur the injuries on December 9, 1999, were present and within the actual or constructive knowledge of defendants through their agents, representatives and/or employees. 43, Defendants by themselves and/or through their agents and/or employees, breached their duty to Plaintiff James W. Deffenbaugh through their careless and negligent conduct, negligence, recklessness and carelessness, and thereby caused the hazardous and/or dangerous condition on December 9, 1999, and the resulting injuries therefrom, harm and damages by: a. failing to properly supervise its agents and/or employees so that they would not create the dangerous condition; b. permitting the aforesaid Kenneth E. Cline to enter upon the Premises for the reasons stated herein; c. failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or prior to or immediately upon his re-entry onto the Premises on December 9, 1999; d. failing to have sufficient security or other personnel or law enforcement present so as to prevent the flight by the aforesaid Kenneth E. Cline; e. failing to properly supervise its agents .and/or employees so that they would prevent the entry upon the Premises or the flight by the aforesaid Kenneth E. Cline; f. failing to apprehend and remove the aforesaid Kenneth E. Cline from the Premises before his flight and collision with Plaintiff James W. Deffenbaugh; g. creating or allowing such a dangerous condition to exist on December 9,1999; h. permitting a dangerous condition to exist when Defendants knew, could have known, had reason to know or should have known that Plaintiff James W. Deffenbaugh or others like him would be subjected to the hazard or danger; 9 '. i. failing to exercise control in such a manner so as to prevent the dangerous condition from existing or continuing; j. failing to properly train their agents and/or employees so as to prevent the occurrence of dangerous conditions, including the dangerous condition that caused Plaintiff James W. Deffenbaugh's irijuries; k. failing to warn of the dangerous condition that existed; 1. failing to have adequate supervising personnel present on the day in question; and m. permitting its agents, employees or personnel to request assistance from defendants' business invitees. 44. Defendants, by themselves and thorough their agents and/or employees, should have foreseen that someone could or would be injured as a result of the hazardous and/or dangerous condition. 45. Defendants, by themselves and through their agents and/or employees, were responsible for the apprehension of the aforesaid Kenneth E. Cline and his entry on to the Premises, and were responsible for seeing that the Premises were safe and that Kenneth E, Cline was apprehended in a manner that would not endanger Plaintiff James W. Deffenbaugh or other business invitees. 46. The aforesaid hazardous and/or dangerous condition was caused solely by the negligence and carelessness of defendants, by themselves and through their agents and/or employees, as aforesaid, and was in no manner due to any act or failure to act on the part of Plaintiff James W. Deffenbaugh. 47. Defendants, by themselves and through its agents and/or employees, knew or by the exercise or reasonable care should have discovered the hazardous and/or dangerous condition 10 ...--.---..---..-. at issue in this case and should have realized that it involved an unreasonable risk of harm to persons such as Plaintiff James W. Deffenbaugh entering or upon the Premises. 48. Defendants, by themselves and through their agents and/or employees, should have expected that its business invitees would not discover or realize the danger described herein, or would fail to protect themselves against it. 49. Defendants, by themselves and through their agents and/or employees, failed to exercise reasonable care as set forth herein to protect Plaintiff James W. Deffenbaugh against the dangerous conditions described herein. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and costs of suit. V. Count Three - Wanton and Willful Misconduct; Reckless Disregard of Safety 50. Plaintiffs incorporate herein by reference paragraphs I through 49 of this Complaint as though fully set forth at length. 51. Defendants knew, had reason to know or should have known that by failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or upon his immediate entry onto the Premises on December 9, 1999, that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and defendants acted wantonly, willfully, knowingly and in reckless disregard to the hazardous or dangerous condition which they had created. 52, Defendants knew, had reason to know or should have known that by permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and thereafter 11 permit him to traverse to defendants' merchandise exchange and/or refund desk in the middle of the Premises that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and defendants acted wantonly, willfully, and in reckless disregard to the hazardous or dangerous condition which they had created. 53. Defendants knew or should have known that the failure to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, and permitting him to enter upon and traverse to the middle of the Premises on December 9, 1999, constituted wanton, willful and reckless conduct because: a. James W. Premises; It was a reckless disregard of the safety of Plaintiff Deffenbaugh and other business invitees upon the b, It created an unreasonable risk of physical harm to plaintiff James W. Deffenbaugh and other business invitees upon the premises; and c. It created a substantially greater risk of physical harm to Plaintiff James W. Deffenbaugh and other business invitees upon the Premises. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus punitive damages, interest, damages for delay and costs of suit. VI. Count Four - Loss of Consortium 54. Paragraphs I through 53 are incorporated herein by reference as if set forth in their entirety. 12 " 55. As a result of defendants aforesaid conduct Plaintiff Louise A, Deffenbaugh has suffered and incurred and will suffer and incur a disruption in her daily habits and pursuits, loss of enjoyment of life, and medical expenses for her husband. 56. As a result of defendants aforesaid conduct Plaintiff Louise A. Deffenbaugh has been deprived of the society, companionship, contributions and consortium of her husband, James W. Deffenbaugh, to her great detriment and financial loss. Wherefore, plaintiff Louise A. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and cost of suit. R ARENSBERG & SWARTZ Dated: :2~~A,;I.. I ( Kenneth W. Lee PA J.D. No. 50016 Stephen M. Greecher, Jr. PA J.D. No. 36803 III North Front Street P. O. Box 889 Harrisburg, P A 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 13 '. VERIFICATION AND NOW, comes James W. Deffenbaugh, and verifies that the facts contained in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which he does not believe to be true. ~C0~ J es W. Deffenbaug Date: Z -22 -o'Z. 47606 '. VERIFICATION AND NOW, comes Louise A. Deffenbaugh, and verifies that the facts contained in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which she does not believe to be true. Date: c5{ - ad. - OC? /i&JBJJ () ~~ Louise A. Deffenbaugh 47607 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served upon the following via United States mail, postage pre-paid on the~ day of February, 2002. Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 47543 >-: 0', i'~' c' L;': (",,~ 2~ ::"...1 , - L..._ ROLF E. KROLL, ESQUIRE Pa. Supreme Court LD. No. 47243 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs v. NO. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC, Defendants CIVIL LAW PRELIMINARY OBJECTIONS OF DEFENDANT, BOSCOV'S DEPARTMENT STORES, INC.. PURSUANT TO Pa.R.C.P. No. 1028(a)2, 4 and 5. AND NOW, comes Defendant, Boscov's Department Store, Inc. and Boscov's Department, LLC, (collectively referred to as "Boscov's"), by and through its counsel, Margolis Edelstein, and hereby files these Preliminary Objections to the Complaint of Plaintiffs, James W. Deffenbaugh and Louise A. Deffenbaugh, (collectively referred to as "Plaintiffs"), pursuant to Pa.R.C.P. Nos. 1028(a) 2, 4 and 5 and aver the following in support thereof: I. PROCEDURAL HISTORY I. Pursuant to a Rule to File Complaint, Plaintiffs filed a Complaint on or about February 22,2002. A copy of Plaintiffs' Complaint is attached hereto, made a part hereof, and marked as Exhibit "A." 2. In their Complaint, Plaintiffs allege that on or about December 8, 1999, Boscov's personnel observed a theft of certain wares and/or merchandise from the premises by Kenneth E. Cline (Paragraph 10 of Plaintiffs' Complaint). 3. Plaintiffs further allege that on the morning of December 9, 1999, Plaintiff, James W. Deffenbaugh, was Christmas shopping at Boscov's (paragraph 12 of Plaintiffs' Complaint); that on or about December 9,1999, Mr. Cline returned to Boscov's (Paragraph 14 of Plaintiffs' Complaint); that Boscov's personnel attempted to apprehend Mr. Cline (Paragraph 15 of Plaintiffs' Complaint); that during the attempted apprehension, Boscov's personnel requested the assistance from other business invitees and other personnel (Paragraph 24 of Plaintiffs' Complaint); that Mr. Deffenbaugh attempted to and did cause the apprehension ofMr. Cline (paragraph 22 of Plaintiffs' Complaint); and that Mr. Deffenbaugh suffered certain personal injuries as a result of his attempt to apprehend Mr. Cline. 3. Based upon the aforementioned allegations, Plaintiffs attempt to assert three theories of recovery set forth in three counts against Boscov's. Specifically, in Count One, Plaintiffs assert a breach of contract and declaratory judgment claim, based upon Boscov's gratuitous payments of certain medical bills incurred by Mr. Deffenbaugh. 4. In Count Two, Plaintiffs allege that Boscov's was negligent in the following respects: a. failing to properly supervise its agents and/or employees so that they would not create the dangerous condition; b. Permitting the aforesaid Kenneth E. Cline to enter upon the premises for the reasons stated herein; c. failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or prior to or immediately upon his re-entry onto the premises on December 9,1999; d. failing to have sufficient security or other personnel or law enforcement present so as to prevent the flight by the aforesaid Kenneth E. Cline; e. failing to properly supervise its agents and/or employees so that they would prevent the entry upon the premises or the flight by the aforesaid Kenneth E. Cline; f. failing to apprehend and remove the aforesaid Kenneth E. Cline from the premises before his flight and collision with Plaintiff, James W. Deffenbaugh; g. creating or allowing such a dangerous condition to exist on December 9,1999; h. permitting a dangerous condition to exist when Defendants knew, could have known, had reason to know or should have known that Plaintiff, James W. Deffenbaugh or other like him would be subjected to the hazard or danger; 1. failing to exercise control in such a manner so as to prevent the dangerous condition from existing or continuing; J. failing to properly train their agents and/or employees so as to prevent the occurrence of dangerous conditions, including the dangerous condition that caused Plaintiff, James W. Deffenbaugh's, injuries; k. failing to wam of the dangerous condition that existed; 1. failing to have adequate supervising personnel present on the day in questions; and m. permitting its agents, employees or personnel to request assistance from Defendants' business invitees. (paragraph 43 of Plaintiffs' Complaint). 5. Lastly, Plaintiffs seek punitive damages based upon the following allegations: 51. Defendants knew, had reason to know or should have known that by failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or upon his immediate entry onto the Premises on December 9,1999, that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and Defendants acted wantonly, willfully, knowingly and in reckless disregard to the hazardous or dangerous condition which they had created. 52. Defendants knew, had reason to know or should have known that be permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and thereafter permit him to traverse to Defendants' merchandise exchange and/or refund desk in the middle of the Premises that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and Defendants acted wantonly, willfully, and in reckless disregard to the hazardous or dangerous condition which they had created. 53. Defendants knew or should have known that the failure to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, and permitting him to enter upon and traverse to the middle of the Premises on December 9,1999, constituted wanton, willful and reckless conduct because: a. It was a reckless disregard of the safety of Plaintiff, James W. Deffenbaugh, and other business invitees upon the Premises; b. It created an unreasonable risk of physical hann to Plaintiff, James W. Deffenbaugh, and other business invitees upon the premises; and c. It created a substantially greater risk of physical hann to Plaintiff, James W. Deffenbaugh, and other business invitees upon the Premises. (paragraphs 51-53 of Plaintiffs' Complaint). 6. Pa. R.C.P. Nos. 1028(a)(2), (4) and/or (5) provide that Preliminary Objections maybe filed as follows: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter; (4) legal insufficiency of a pleading (demurrer); and (5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action. Id. 7. As discussed in greater detail below, Plaintiffs' Complaint is violative of the aforementioned Rules of Civil Procedure, and, therefore, Boscov's now timely files these Preliminary Obj ections. II. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER. PURSUANT TO PA. R.C.P. No. l02S(a)(4) (CLAIM FOR MEDICAL EXPENSES). 8. As stated above, in Count One, Plaintiffs seek breach of contract, and declaratory judgment relief based upon Boscov's payments of certain medical expenses. 9. Boscov's made gratuitous payments to Plaintifffor his medical bills. 10. Plaintiffs fail to reference any signed agreement that Boscov's would continue to make medical payments, and/or continue said payments. Thus, Plaintiffs' Complaint fails to adequately plead an express contract. II. Plaintiffs fail to plead any consideration that would support an implied contract theory of recovery. 12. Plaintiffs have likewise failed to plead any facts to show that Boscov's engaged in conduct that would reasonably induce a definite action, in this case, Plaintiffs' failure to notify his health insurer. 13. Plaintiffs have failed to plead any facts to show an injustice caused by anything other than Plaintiffs' own failure to notify his health insurer of his injuries. 14. As such, Plaintiffs cannot recover for breach of contract damages, and Count One of Plaintiffs' Complaint must be dismissed. WHEREFORE, Defendants, Boscov's Department Store, Inc. and Boscov's Department, LLC, respectfully request Plaintiffs' Complaint be dismissed for failure to state a claim upon which relief can be granted. III. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE. PURSUANT TO PA. RC.P. NO. 1028(8)(4) (CLAIM FOR MEDICAL EXPENSES). 15. Paragraphs 1 through 14 inclusive hereof are incorporated herein by reference as if set forth in their entirety. 16. In the alternative, allegations concerning these payments are prejudicial and are merely an attempt by Plaintiffs to show liability. 17. These payments were made in furtherance of settlement negotiations. As such, their inclusion in Plaintiffs' Complaint constitutes scandalous and impertinent matter and fail to conform to Rule of Court and therefore, any references thereto must be stricken. 18. Accordingly, Paragraphs 31-36 of Plaintiffs' Complaint must be stricken as scandalous and impertinent and as failing to conform to law or Rule of Court. WHEREFORE, Defendants, Boscov's Department Store, Inc. and Boscov's Department, LLC, respectfully request paragraphs 31-36 of Plaintiffs' Complaint be stricken as scandalous and impertinent and as failing to confirm to law or rule of Court. IV. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER PURSUANT TO PA. RC.P. NO. 1028(8)(4) (PUNITIVE DAMAGES). 19. Paragraphs I through 18 inclusive hereof are incorporated herein by reference as if set forth in their entirety. 20. As stated above, in Count Three of Plaintiffs' Complaint, Plaintiffs attempt to assert a claim for punitive damages. 21. The basis of this claim is that Boscov's should have apprehended the alleged shoplifter, Kenneth Cline, when he first came upon the premises on December 8, 1999, or immediately upon his return on December 9,1999. See paragraphs 51 and 53 of Plaintiffs' Complaint. 22. Even assuming that Boscov's personnel saw Mr. Cline enter the store with goods that appeared to be stolen the day previously, there is nothing pled in Plaintiffs' Complaint to indicate that Boscov's knew ofMr. Cline's presence before he was inside the store on December 9, 1999. 23. Thus, there was nothing Boscov's could do to avoid the risk of Mr. Cline re-entering the store. 24. Nothing in Plaintiffs' Complaint supports an inference of reckless indifference necessary to support a claim of punitive damages. WHEREFORE, Defendants, Boscov's Department Store, Inc. and Boscov's Department, LLC, respectfully request this Honorable Court dismiss Plaintiffs' claims for punitive damages. V. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS FOR FAILURE TO JOIN NECESSARY PARTY. 25. Paragraphs I through 24 inclusive hereof are incorporated herein by reference as if set forth in their entirety. 26. Plaintiffs allege that the injuries sustained were occasioned by the collision between the fleeing Mr. Cline and Plaintiff, James W. Deffenbaugh. 27. Plaintiffs further allege that even if Plaintiff, James W. Deffenbaugh had not attempted to apprehend Mr. Cline, the collision that allegedly gave rise to Mr. Deffenbaugh's injuries could not have been avoided due to Mr. Cline's path of travel. 28. In view ofthe foregoing, it is clear that Mr. Cline's rights are so closely connected with the rights of the parties that he must be joined as an indispensable party. 29. In the alternative, Mr. Cline is a necessary party whose presence in the litigation is essential if this Court is to completely resolve the controversy. 30. Plaintiffs' failure to join Mr. Cline warrants dismissal of Plaintiffs' Complaint. WHEREFORE, Defendants, Boscov's Department Store, Inc. and Boscov's Department, LLC, respectfully request this Honorable Court enter an Order dismissing Plaintiffs' Complaint for failure to join an indispensable party, or in the alternative, dismiss Plaintiffs' Complaint for failure to join a necessary party. Respectfully submitted, MARGOLIS EDELSTEIN ?j ,- By: Exhibit A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, No, 2001-6579 vs. BOSCOV'S DEPAR1MENT STORE, INC., : and BOSCOV'S DEPAR1MENT STORE LLC, COMPLAINT Filed on behalf of Plaintiffs, James W. and Louise A. Deffenbaugh Defendants. Counsel of Record for This Party: TUCKER ARENSBERG & SWARTZ Kenneth W. Lee PA J.D. No. 50016 Stephen M. Greecher, Jr. PA J.D. No. 36803 III North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC., : and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. NOTICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PAl 70 13 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paquinas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es ,pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO IlENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO. V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty A venue Carlisle, PA 17013 Telephone: (717) 249-3166 TUCKER ARENSBERG & SWARTZ, P.c. . Kenneth W. Lee PA J.D. No. 50016 III North Front Street P. O. Box 889 Harrisburg, P A 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 Dated: ,;J fin / (J;l.. . I ATTORNEYS FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, his wife, Plaintiffs, vs. No. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC., and BOSCOV'S DEPARTMENT STORE, LLC, Defendants. COMPLAINT And now, comes Plaintiffs, James W, Deffenbaugh and Louise A. Deffenbaugh, by and through their attorneys, Tucker Arensberg & Swartz, who file this Complaint of which the following is a statement thereof. I. Parties I. Plaintiffs are James W. Deffenbaugh and Louise A. Deffenbaugh, husband and wife, who are adults and reside at 6230 Haydon Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Boscov's Department Store, Inc., is, upon information and belief, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 4500 Perkiomenville Avenue, Reading, Berks County, Pennsy Ivania. 3. Defendant, Boscov's Department Stores, LLC, is, upon information and belief, a limited liability corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place located at 4500 Perkiomenville Avenue, Reading, Berks . County, Pennsylvania. 4. At all times material hereto, Defendants were and are doing business regularly in Cumberland County and in the jurisdiction of this Court. 5, At all times material hereto, either or both of the defendants were in possession, custody and control of the premises known as Boscov's Department Store, 370 Camp Hill Shopping Mall, Camp Hill, Cumberland County, Pennsylvania, (hereinafter "Premises"). II. Facts 6. Plaintiffs incorporate herein by reference paragraphs I through 5 of this Complaint as though fully set forth at length. 7. The Premises are a large department store for which defendants solicit and encourage the public to enter upon so as to permit the public to purchase the wares and merchandise which defendants have in and upon the Premises. 8. Defendants conduct extensive public advertising campaigns to entice the public to enter upon the Premises with the most extensive and busiest time upon the Premises being the period between Thanksgiving and December 26 each year. 9. Defendants maintain and employee surveillance equipment and security personnel upon the Premises to, inter alia, provide for the protection and security of defendants' patrons and customers and of the wares or merchandise located in and upon the Premises. 2 10. On or about December 8, 1999, defendants' personnel observed the theft of certain wares and/or merchandise from the Premises by Kenneth E. Cline. II. Upon information and belief, it is averred that though defendants' security , personnel observed the illegal conduct of Kenneth E. Cline, no action of whatsoever kind or character was taken by defendants to apprehend Kenneth E. Cline on December 8, 1999, 12. On the morning of December 9, 1999, plaintiff, James W. Deffenbaugh, and his mother, entered upon the Premises for purposes of conducting Christmas shopping from defendants' wares and merchandise and thus, at all times material hereto, Plaintiff James W. Deffenbaugh was a business invitee upon the Premises. 13. The Premises contained many other business invitees conducting Christmas shopping on December 9, 1999. 14. On December 9, 1999, at approximately 10:30 a.m., defendants' personnel observed the aforesaid Kenneth E. Cline enter upon the Premises with the wares or merchandise which defendants' personnel had observed Kenneth E. Cline removing from the Premises on the previous day. 15. Though defendants' personnel knew, had reason to know or should have known that the aforesaid Kenneth E. Cline was a dangerous person or presented the potential to create a dangerous condition defendants' personnel failed to (a) apprehend him, (b) attempt to apprehend him or (c) otherwise attempt to prevent his entry upon the Premises and permitted the aforesaid Kenneth E. Cline to traverse to the middle of the Premises, up two (2) flights of stairs and to defendants' merchandise exchange and/or refund desk, notwithstanding the large number of business invitees upon the Premises. 3 16. Though defendants' personnel knew, had reason to know or should have known on December 9, 1999, that any attempt at the apprehension of the aforesaid Kenneth E, Cline after he traversed to defendants' merchandise exchange and/or refund desk could place at 'jeopardy the lives, safety and health of some or all of the large number of business invitees upon the Premises, defendants' personnel permitted the aforesaid Kenneth E. Cline to traverse to the middle of the Premises, up two (2) flights of stairs and to defendants' merchandise exchange and/or refund desk. 17, Upon information it is averred that the purpose of defendants' personnel permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and to traverse the Premises to defendants' merchandise exchange and/or refund desk was to provide Kenneth E. Cline the opportunity to exchange the wares or merchandise he illegally took the previous day for money and thereby permit defendants to have Kenneth E. Cline charged with a higher graded criminal offense(s) than if defendants' personnel had apprehended Kenneth E, Cline on December 8, 1999, or upon his immediate entry upon the Premises on December 9, 1999. 18. Upon information and belief it is averred that when on December 9, 1999, the aforesaid Kenneth E. Cline attempted to exchange for money the wares or merchandise which he illegally obtained the previous day defendants' personnel attempted to apprehend him for purposes of a criminal arrest. 19. The attempt by defendants' personnel to apprehend the aforesaid Kenneth E. Cline on December 9, 1999, was unsuccessful and he fled from defendants' merchandise exchange 4 and/or refund desk, back down the stairs, into the middle of the Premises and amongst the large number of business invitees upon the Premises. 20. At all times during the flight of the aforesaid Kenneth E. Cline, on December 9, , 1999, defendants' personnel requested assistance in the apprehension of Kenneth E. Cline from the business invitees and other personnel of defendants upon the Premises. 21. The flight of the aforesaid Kenneth E. Cline on December 9, 1999, become violent in that it resulted in the destruction of or damage to numerous items of wares or merchandise and the destruction of, damage to or the spilling or upheaval of the display cases and/or shelves upon which the destroyed or damaged wares or merchandise had been located. 22. During the aforesaid Kenneth E. Cline's flight on December 9, 1999, and at the specific request of defendants' personnel, Plaintiff James W. Deffenbaugh attempted to and did cause the apprehension of Kenneth E. Cline through a violent collision with Kenneth E. Cline approximately in the center of the Premises at or near defendants' "Courtesy Desk." 23. Notwithstanding the specific requests of defendants' personnel on December 9, 1999, to apprehend the aforesaid Kenneth E. Cline, the violent collision between Plaintiff James W. Deffenbaugh and Kenneth E. Cline could not have been avoided because of the path of Kenneth E. Cline's flight and the location of Plaintiff James W. Deffenbaugh upon or within the Premises. 24. As a direct result and proximate result of the violent collision on December 9, 1999, with the aforesaid Kenneth E. Cline, Plaintiff James W. Deffenbaugh suffered injuries, including aggravation to pre-existing injuries, to his head, left eye, shoulder, neck, back and right knee, all of which resulted in substantial medical care and treatment. 5 25. As a direct and proximate result of the injuries and complications thereof resulting from the violent collision on December 9, 1999, with the aforesaid Kenneth E. Cline, Plaintiff James W. Deffenbaugh incurred medical expenses and will continue to incur medical expenses , for treatment and/or therapy in the future. 26. As a direct and proximate result of the injuries he incurred on December 9, 1999, Plaintiff James W. Deffenbaugh has endured pain, suffering, humiliation, mental anguish, emotional distress and the loss of life's pleasures, and will continue to endure pain suffering, humiliation, mental anguish, emotional distress and the loss oflife's pleasures into the future. 27. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will continue to be limited in his normal daily activities. 28, As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will continue to suffer impairment to his general health, strength and vitality. 29. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and will be obligated to receive and undergo medical attention and care, will incur various expenses for medical treatment and will be obligated to continue to expend such sums for an indefinite time in the future. 30. As a direct and proximate result of the injuries he sustained on December 9, 1999, Plaintiff James W. Deffenbaugh has and hereinafter may incur other expenses or losses for which he claims to the extend permitted by applicable law. 31. On or about December 9, 1999, and after he sustained his injuries, defendants, by and though their authorized representatives, agents and/or employees, agreed to pay for the 6 medical treatment of Plaintiff James W. Deffenbaugh for the injuries he sustained on December 9, 1999, with defendants placing no limitations thereon as to the length of time or amount thereof. , 32. Defendants paid or caused to be the medical expenses of Plaintiff James W. Deffenbaugh until February of 2001 when defendants, without notice or explanation to Plaintiff James W. Deffenbaugh, refused to payor cause to be paid any further medical expenses relating to the injuries he incurred on December 9, 1999, III. Count One - Breach of Contract and Declaratory Judgment 33, Plaintiffs incorporate herein by reference paragraphs I through 32 of this Complaint as though fully set forth at length. 34, The failure or refusal by defendants to pay the medical expenses of Plaintiff James W, Deffenbaugh is a breach of an implied and/or expressed contract. 35, Plaintiff James W, Deffenbaugh detrimentally relied upon defendants' promises to pay his medical expenses in that: a. he did not report the injuries to his medical Insurance provider; b. he obtained medical insurance coverage with a substantially higher deductible; and c, he is unable or may be unable to obtain medical insurance coverage for injuries he sustained on December 9, 1999, because those injuries constitute "pre-existing" conditions. 36. Though demands have been made, defendants have failed or refused to cure their breach and pay the outstanding balance of the medical expenses incurred in the approximate 7 amount of $2,000.00 and provide assurance that defendants will continue to pay for the medical treatment which Plaintiff James W. Deffenbaugh shall require. 37. Plaintiff James W. Deffenbaugh is entitled to relief pursuant to the Declaratory , Judgment Act that defendants are required to pay any and all past, current and future medical expenses incurred for the injuries sustained on December 9, 1999, by Plaintiff James W. Deffenbaugh. 38. All conditions precedent have occurred or been performed. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in the amount of $2,000.00, declaratory relief as set forth in paragraph 37 of tl1is Complaint, interest, costs and such further relief as this Court deems appropriate. IV. Count Two - Negligence 39, Plaintiffs incorporate herein by reference paragraphs I through 32 of this Complaint as though fully set forth at length. 40, The presence of the aforesaid Kenneth E. Cline upon the Premises on December 9, 1999, constituted a hazardous and/or dangerous condition. 41. The presence of the aforesaid Kenneth E. Cline upon the Premises on December 9, 1999, in or near defendants' merchandise exchange and/or refund desk and in or near defendants' "Courtesy Desk" constitutes careless and negligent conduct by defendants, their agents, representatives and/or employees. 8 42. The hazardous and/or dangerous conditions which caused Plaintiff James W. Deffenbaugh to incur the injuries on December 9, 1999, were present and within the actual or constructive knowledge of defendants through their agents, representatives and/or employees. 43. Defendants by themselves and/or through their agents and/or employees, breached their duty to Plaintiff James W. Deffenbaugh through their careless and negligent conduct, negligence, recklessness and carelessness, and thereby caused the hazardous and/or dangerous condition on December 9, 1999, and the resulting injuries therefrom, harm and damages by: a. failing to properly supervise its agents and/or employees so that they would not create the dangerous condition; b. permitting the aforesaid Kenneth E. Cline to enter upon the Premises for the reasons stated herein; c. failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or prior to or immediately upon his re-entry onto the Premises on December 9, 1999; d. failing to have sufficient security or other personnel or law enforcement present so as to prevent the flight by the aforesaid Kenneth E. Cline; e. failing to properly supervise its agents and/or employees so that they would prevent the entry upon the Premises or the flight by the aforesaid Kenneth E. Cline; f. failing to apprehend and remove the aforesaid Kenneth E. Cline from the Premises before his flight and collision with Plaintiff James W, Deffenbaugh; g. creating or allowing such a dangerous condition to exist on December 9, 1999; h. permitting a dangerous condition to exist when Defendants knew, could have known, had reason to know or should have known that Plaintiff James W. Deffenbaugh or others like him would be subjected to the hazard or danger; 9 i. failing to exercise control in such a manner so as to prevent the dangerous condition from existing or continuing; j, failing to properly train their agents and/or employees so as to prevent the occurrence of dangerous conditions, including the dangerous condition that caused Plaintiff James W. Deffenbaugh's injuries; k. failing to warn of the dangerous condition that existed; 1. failing to have adequate supervising personnel present on the day in question; and m. permitting its agents, employees or personnel to request assistance from defendants' business invitees. 44. Defendants, by themselves and thorough their agents and/or employees, should have foreseen that someone could or would be injured as a result of the hazardous and/or dangerous condition. 45, Defendants, by themselves and through their agents and/or employees, were responsible for the apprehension of the aforesaid Kenneth E. Cline and his entry on to the Premises, and were responsible for seeing that the Premises were safe and that Kenneth E, Cline was apprehended in a manner that would not endanger Plaintiff James W. Deffenbaugh or other business invitees. 46. The aforesaid hazardous and/or dangerous condition was caused solely by the negligence and carelessness of defendants, by themselves and through their agents and/or employees, as aforesaid, and was in no manner due to any act or failure to act on the part of Plaintiff James W. Deffenbaugh. 47, Defendants, by themselves and through its agents and/or employees, knew or by the exercise or reasonable care should have discovered the hazardous and/or dangerous condition 10 at issue in this case and should have realized that it involved an unreasonable risk of harm to persons such as Plaintiff James W. Deffenbaugh entering or upon the Premises. 48. Defendants, by themselves and through their agents and/or employees, should . have expected that its business invitees would not discover or realize the danger described herein, or would fail to protect themselves against it. 49. Defendants, by themselves and through their agents and/or employees, failed to exercise reasonable care as set forth herein to protect Plaintiff James W. Deffenbaugh against the dangerous conditions described herein. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and costs of suit. V. Count Three - Wanton and Willful Misconduct; Reckless Disregard of Safety 50. Plaintiffs incorporate herein by reference paragraphs I through 49 of this Complaint as though fully set forth at length. 51. Defendants knew, had reason to know or should have known that by failing to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, or upon his immediate entry onto the Premises on December 9, 1999, that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and defendants acted wantonly, willfully, knowingly and in reckless disregard to the hazardous or dangerous condition which they had created. 52, Defendants knew, had reason to know or should have known that by permitting the aforesaid Kenneth E. Cline to enter upon the Premises on December 9, 1999, and thereafter 11 permit him to traverse to defendants' merchandise exchange and/or refund desk in the middle of the Premises that they had created a hazardous or dangerous condition substantially likely to result in injuries to others in or upon the Premises, and defendants acted wantonly, willfully, and , in reckless disregard to the hazardous or dangerous condition which they had created. 53. Defendants knew or should have known that the failure to apprehend the aforesaid Kenneth E. Cline on December 8, 1999, and permitting him to enter upon and traverse to the middle of the Premises on December 9, 1999, constituted wanton, willful and reckless conduct because: a. James W. Premises; It was a reckless disregard of the safety of Plaintiff Deffenbaugh and other business invitees upon the b. It created an unreasonable risk of physical harm to plaintiff James W. Deffenbaugh and other business invitees upon the premises; and c. It created a substantially greater risk of physical harm to Plaintiff James W. Deffenbaugh and other business invitees upon the Premises. Wherefore, Plaintiff James W. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus punitive damages, interest, damages for delay and costs of suit. VI. Count Four - Loss of Consortium 54. Paragraphs I through 53 are incorporated herein by reference as if set forth in their entirety, 12 55. As a result of defendants aforesaid conduct Plaintiff Louise A. Deffenbaugh has suffered and incurred and will suffer and incur a disruption in her daily habits and pursuits, loss of enjoyment of life, and medical expenses for her husband. 56. As a result of defendants aforesaid conduct Plaintiff Louise A. Deffenbaugh has been deprived of the society, companionship, contributions and consortium of her husband, James W. Deffenbaugh, to her great detriment and financial loss. Wherefore, plaintiff Louise A. Deffenbaugh demands judgment against defendants in an amount in excess of the limits for mandatory arbitration plus interest, damages for delay and cost of suit. R ARENSBERG & SWARTZ Dated: R,t,::zA>:J- I ( Kenneth W. Lee PA J.D. No. 50016 Stephen M. Greecher, Jr. PA J.D. No. 36803 III North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 13 VERIFICATION AND NOW, comes James W, Deffenbaugh, and verifies that the facts contained in the ,foregoing Complaint are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which he does not believe to be true. Date: Z -22, -c"Z.. J2::: D~n!~tpfl 47606 VERIFICATION AND NOW, comes Louise A. Deffenbaugh, and verifies that the facts contained in the , foregoing Complaint are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which she does not believe to be true. Date: 0< - ad. - 00 "11~jLUJj O. Wl1l~ Louise A. Deffenbaugh 47607 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served upon the following via United States mail, postage pre-paid on the~ day of February, 2002. Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, P A 17011 47543 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 'in.Jf.- day of -----1k1 aM W ,2002, and addressed as follows: Ken Lee, Esquire III N. Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN By:r~ Jess' Brady F:\l Travelers\24200.4-00021 \Pleadings\Objections.3-6-02. wpd '>- r 2:: 2~" c'- . . .... r'" :',) ') ., .. 0 '''' c.. ('.J ::5 c.::t U BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court LD. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margollsedelsteln.com Attorneys for Defendants JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYL VANIA v NO. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC CIVIL LAW CERTIFICATE PRE-REOUISITE TO SERVICE OF SUBPOENAS As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice ofIntent, including the proposed subpoenas, are attached to this certificate; 3. No objection to the subpoenas has been received; and , . . 4. The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. MARGOLIS EDELSTEIN By ~~--.J-j CA- t Barry Kronthal, Esquire I J.D. #55672 3510 Trindle Road Camp Hill, P A 17011 717-975-8114 Attorneys for Defendants DATED: May 22, 2002 BARRY A. KRONTBAL. ESQUIRE Pa. Supreme Court LD. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harriiburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margoliJedelsteln.c:om Attorneys for Defendantl JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, V IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYL VANIA NO. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC CIVIL LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO ATTEND AND PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, 6//0L. Date f By: ELSTEIN 'A. Kronthal, Esquire I .# 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Defendants JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY v NO. 2001-<>579 BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC CIVIL LAW SUBPOENA To: Magnetic Imaging Center 4665 TrindIe Road Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: including but not limited to, any and all medical records relating to James W. Deffenbaugh (DOB: 10/15/64- SS#: 208-38-6703) At: Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011 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 appear or 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 TIIE REQUEST OF TIIE FOLLOWING PERSON: NAME: ADDRESS: Barry A. Kronthal, Esquire 3510 TrindIe Road Camp Hill, PAl 7011 717-975-8114 SUPREME COURT ID# 55672 A TIORNEY FOR: Defendant BY TIIE COURT: Date: Seal of Court By: Prothonotary/Clerk, Civil Division JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY v NO. 2001-6579 BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC CIVIL LAW SUBPOENA To: Keystone Spine Center 1521 Cedar Cliff Drive Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: including but not limited to, any and all medical records relating to James W. Deffenbaugh (DOB: 10/15/64- SS#: 208-38-6703) At: Margolis Edelstein, 3510 TrindIe Road, Camp Hill, Pennsylvania 17011 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 appear or 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. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Barry A. Kronthal, Esquire ADDRESS: 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 SUPREME COURT ID# 55672 ATTORNEY FOR: Defendant BY THE COURT: Date: Seal of Court By: Prothonotary/Clerk, Civil Division I I I I I CERTIFICATE OF SERVICE I hereby certity that I have served a true and correct copy of the foregoing Notice of Intent upon all counsel and parties of record this ~ day of May, 2002, by placing same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Kenneth W. Lee, Esquire Tucker Arensberg & Swartz P.O. Box 889 Harrisburg, P A 17108-0889 OMY t2nu1rx ~ By: Carol A. Moose ~ . . . CERTIFICATE OF SERVICE I hereby certifY that I have served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas upon all counsel and parties of record this J-tf day of May, 2002, by placing same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Kenneth W. Lee, Esquire Tucker Arensberg & Swartz P.O. Box 889 Harrisburg, PA 17108-0889 (lJJ2~ By: Carol A. Moose ~. (') ~ ~s- -un [1'/ (, .c::::: :J.~' -;;:-' r- 05;;- -< ~C' ~F~C-' i€-; C) ..J.>c Z :;Z, t::J ....,,) ('";) "tl ~ .:'~':}.1 n< .Ii ~~1 N 1:;-) -un :j~,j ''-() " le'l t__..' ~.-I .l~ ~'f; -< :::> Ul PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sutmitted in dupl ir.ate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Ar'glItlent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) James W. Deffenbaugh and Louise A. Deffenbaugh (Plaintiff) vs. Boscov's Department Store. Inc. and Boscov' s Department. LLC (DefeOOant) Civil Law J!P9 2001 No. 6579 1. state matter to be argued (Le.. plaintiff's IlDtion for new trial, def~t's denurrer to canplaint, etc.): Preliminary Objections of Defendant. Boscov's Department Store. Inc.. to the Complaint of Plaintiffs. James W. Deffenbaugh and Louise A. Deffenbaugh 2. Identify counsel who will argue case: (a) for plaintiff: Address: Ken Lee. Esquire 111 N. Front Street P.O. Box 889 Harrisburg. PA 17108 (b) for defeOOant: Address: Barry A. Krontbal. Esquire 3510 Trindle Road Camp Hill. PA l70n 3. I will notify all parties in writing within hie days that this case has been listed for argment. 4. ArgUneIlt Court Date: July 24. 2002 Dated: 5/30/02- o C :c -r) if; rnr:-; Z::,' ZC ~~:' !<: t_.. ~>c., ~C, ~'~~ =< o f'.) :]; ~';;:':JI ~< () -on :..,) v ~ ::J U'\ Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants ORDER AND NOW this _ day of ,2002, upon consideration of the Preliminary Objections of Defendant, Hertz Corporation, it is hereby ORDERED and DECREED that the Preliminary Objections are GRANTED, and Count II of the Plaintiffs' Complaint is stricken with prejudice. BY THE COURT J. MARGARET STILL AND RICHARD STILL Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants PRELIMINARY ORPORATION, AND NOW comes the Defendant, Hertz Corporation, by and through its attomeys, Hartman, Osborne & Rettig, to submit the within Preliminary Objections to Plaintiffs' Complaint, and in support thereof avers as follows: I. Plaintiffs commenced the above-captioned negligence action by the filing of a Writ of Summons on November 19, 200 I. A true and correct copy of Plaintiffs ' Writ of Summons is attached hereto as Exhibit "A". 2. The Return of Service filed by the Sheriff reflects that service of Plaintiffs' Writ of Summons upon Defendant Hertz Corporation was effected on November 27, 200 I. 3. A Complaint was filed by Plaintiffs on May 15,2002. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "B". 4. Generally, Plaintiffs allege that Defendant Calvin Muller was negligent in colliding with Plaintiffs' automobile while driving Defendant Hertz Corporation's automobile, resulting in personal injuries. 5. With regard to Defendant Hertz Corporation, Plaintiffs allege that it was negligent in its entrustment of its automobile to Defendant Muller. A. COUNT IT OF PLAINTIFFS' COMPLAINT. ATTEMPTING TO SET FORTH A CLAIM AGAINST HERTZ CORPORATION BASED UPON THE THEORY OF NEGLIGENT ENTRUSTMENT SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WIDCH RELIEF MAY BE GRANTED. 6. Pursuantto PAR.C.P. 1028(a)(4), a Preliminary Objection in the nature ofa demurrer is an appropriate means of challenging the legal sufficiency of a pleading. PAR.C.P. 1028(a)(4). 7. A demurrer must be granted when the Court is certain that, as a matter of law, there can be no recovery upon the facts alleged. Wurth v. Philadelohia, 584 A2d 404 (Pa. Commw. 1990). 8. In Count II of her Complaint, Plaintiff is apparently attempting to state a claim against Hertz Corporation based upon negligent entrustment. 9. Count II of Plaintiffs' Complaint reads as follows: COUNT II - NEGLIGENT ENTRUSTMENT MARGARET STILL V. HERTZ CORPORATION 23. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F. Muller, generally, and more specifically, as set forth below: a. In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 West, offI-81 waiting to merge on SR 11 South in Middlesex Township, Cumberland County; b. In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at such a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; c. In allowing Defendant, Calvin F. Muller, to fail to properly observe the traffic conditions then and there existing; and d. In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop with the assured clear distance in violation of75 Pa. C.S.A. 3361. 2 10. Count II of Plaintiffs' Complaint fails to state a claim against Hertz Corporation based upon negligent entrustment. 11. Plaintiffs have failed to state that Defendant Hertz Corporation owed a duty to Plaintiffs. 12. Plaintiffs have failed to state that Defendant Hertz Corporation breached a duty owed to Plaintiffs. 13. Plaintiffs have failed to state the reasons why Defendant Hertz Corporation should not have rented the automobile to Defendant Muller. 14. Plaintiffs have failed, therefore, to state a claim for negligent entrustment upon which relief may be granted in Count II of their Complaint. WHEREFORE, Defendant, Hertz Corporation, respectfully requests that this Honorable Court grant its Preliminary Objection as to Plaintiffs' claims against it based upon negligent entrustment, and dismiss any such claim in its entirety. Respectfully submitted, HARTMAN, OSBORNE & RETTIG BY~t~;,~ Supreme Ct. I.D. #88732 126-128 Walnut Street Harrisburg, PA 17101 Dated: ~/30/~ Attorneys for Defendant, Hertz Corporation 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6641 Ci~erm Civil Action - IXXI Law I I Equity JURY TRIAL DEMANDED MARGARET STILL and RICHARD STILL 1 60 Cedar Lane Carlisle, PA 17013 CALVIN F. MULLER Box213 Glenwillard. PA 15046 and HERTZ CORPORATION Detroit Metro. ARPP Bldg 289-8 Detroit, IL 48242 Plaintlff(5) & Addresslasl P6AECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be Issued and forwarded Greaorv M Feather. ESQuire , 300 Linale.town Road P.O.BOlC1177 Harrisbura. PA 17108 1717\ 238.2000 Name/Addrassrrl!llephone No. of Attorney U :.: '., .. iiaie: ' 11/19/01 " WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(5): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFISI HAS/HAVe COMMENceD AN ACTION AGAINST YOU. Curti II R. LOner 1=~~ Date: November 27, 2001 by ~. . I I "hook h.~ If ~""" i, ."d ,,, .dd'do",I'n'"m,,' ~ 1 ROTHON. . !IS Plaintiffs, " NO..01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION. LAW Defendants NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, DATE: J)~ 5/;' Z-/ / I Attorneys for Plaintiffs ,~,.:,:'.'.. ',' ""'-''''''''~'''''''''''''''''''''''~': "" ',: ",tb&Y.:. MARGARET2sTfCL a'nci ~,:,~,;..~.t.\:;.'''''r~:il':>'''''''',..",..,-, . : ,':'--'-',' RICHARD STILL, her husband IN''fBECOU.ijT OF COMMON PLEAS CUllira'ERL:AND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, come the Plaintiffs, Margaret Still and Richard Still, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M, Feather, Esq., and make the within Complaint against the Defendants, Calvin F. Muller and Hertz Corporation, as follows: 1. Plaintiff, Margaret Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 2, Plaintiff, Richard Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 3, Defendant, Calvin F. Muller, is a competent adult individual currently residing at Box 213. Glenwillard, Allegheny County, PA 15046. 4, Defendant, Hertz Corporation, is a corporation currently doing business at Detroit Metro AARP Building, 289B, Detroit, MI 48242. 1 ere O,theweather and road conditions were clear and dry. 6, At all times material hereto, Plaintiff, Margaret Still, was the owner and operator of a 1989 Ford Tempo bearing the Pennsylvania Registration Number BTB- 6112 (hereinafter "Plaintiffs' vehicle). Plaintiffs' vehicle was insured by Progressive Insurance Company, 7. Plaintiff, Margaret Still, elected the limited-tort option enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. CSA ~ 1705(a)(1). However, pursuant to Act 6 of the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa, CSA ~ 1701 at sea" Plaintiff, Margaret Still, is entitled to seek damages as though she had elected the full-tort alternative, because she sustained injuries as a result of the collision described herein with a vehicle that was registered in Michigan, See 75 Pa, CSA ~ 1705 (d)(1)(ii). 8, At all times material hereto, Defendant, Calvin F, Muller, was the operator of a 1999 Ford Explorer bearing the Michigan Registration Number NTV 211 (hereinafter "Defendants' vehicle). Defendants' vehicle was owned by Hertz Corporation who is currently doing business at Detroit Metro AARP Building, 289B, Detroit, Michigan 48242. 9, On or about December 17,1999, at approximately 2:55 pm, Plaintiff was traveling on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania, 2 10. ~fiL" proximatt9'ly'2:55 pm, Defendant 'i~;:(; was traveling behind Plaintiff on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 11. At approximately that same time and place, while Plaintiff was waiting to merge onto SR 11 south, Defendant started to move forward while looking left, Defendant drove into the rear of Plaintiffs vehicle. 12. As a direct and proximate result of the negligence of the Defendants, Calvin F. Muller and Hertz Corporation, Plaintiff, Margaret Still, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Maraaret Still v. Calvin F. Muller 13. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 12 above, as if the same were set forth fully below. 14, The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence of Defendant, Calvin F. Muller, generally, and, more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully traveling on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In failing to be reasonably vigilant in order to observe the stopped vehicles including the Plaintiffs'; 3 ~;'..7:>~'>l~[<~ (6)q so tha-the could avoid stri~ing the Plaintiffs' vehicle; (d) In failing to operate the vehicle in such a manner so that he could apply his brakes in a manner that would have enabled him to avoid striking the Plaintiffs' vehicle; (e) In failing to take such precautions as a prudent person would take in regard to the speed and control of the vehicle, as he proceeded on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa, C.S.A. ~ 3361; (h) In failing to operate said vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. ~ 3361; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to persons of property could be avoided; 4 O}. i~'~rn.:';1 persons and propertY, and in a manner with careless disregard to the rights and safety of others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 15. As a direct and proximate result of the negligence of Defendant, Calvin F, Muller, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 16. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 17. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered great phYSical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 18, As a direct and proximate result of negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention, to her great detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss, 5 20. ,. Plaintiff, Margaret StilVihas"'1rlcUrreCJ lost wages and will in tl1e future continue to suffer lost wages and/or a loss of earning capacity. 21, Plaintiff, Margaret Still believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Calvin F, Muller, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT II - NEGLIGENT ENTRUSTMENT MarGaret Still v. Hertz CorDoration 22, Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 21 above, as if the same were set forth fully below. 23. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F, Muller, generally, and more specifically, as set forth below: (a) In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at such a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; 6 .0. t6p~r1y-cili~tv,m~i:lF.' (d) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop within the assured clear distance in violation of 75 Pa. C,S.A. 3361. 24. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 25. As a direct and proximate result of the negligence of Defendant. Hertz Corporation, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to his great loss, humiliation and embarrassment. 26. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 27. As a direct and proximate result of negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to her great detriment and loss. 28. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss, 7 ~'1"X;'''~?i . . Plaintiff, Margaret Still,has incurfealost wages and will inthefliiure cQntinue to suffer lost wages and/or a loss of earning capacity. 30, Plaintiff, Margaret Still, believes and, therefore, avers that her injuries are permanent and serious in nature, WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT III - LOSS OF CONSORTIUM Margaret Still v. Calvin F. Muller 31. Plaintiff, Richard Still, incorporates and makes part of this Complaint paragraphs 1 through 30 above, as if the same were set forth fully below. 32. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 33. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 8 WHEREFORE, the Plaintiff, Richard Still, seeks damages from the Defendant in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs, COUNT IV - LOSS OF CONSORTIUM Maraaret Still v. Hertz CorDoration 34. Plaintiff, Richard Still, incorporates and makes part of this complaint paragraphs 1 through 33 above, as if the same were set forth fully below. 35. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future, 36. As a direct and proximate result of the negligence of the Defendant, Hertz Corporation, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 9 WHEREF:ORE, Plaintiff, Richard Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: Gregory M. Feather, Esq. 1.0. No, 79456 PO Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiffs lO lawsuit. The language of the abd . . " .' ~a d.ocumerilis Of counsel aria. riot our own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ,.:5-:"/'1-{).;) ~~0." ('\ ~~~ -~,~i..\.). MAR . STILL 4-~~ /7/'1 '~~._.{~Nd'. ----;~f RICHARD STILL ,~"'""',;;>i>>,~:~:r,"":,~~_~'~~~~r~_:'11!~~/~l<'~-~~!f;r~ .. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, CALVIN F. MULLER and HERTZ CORPORATION, by sending a copy of the same to their counsel of record, Kevin E. Osborne, Esq., HARTMAN, OSBORNE & JOYCE, P.C., 126-128 Walnut St., Harrisburg, PA 17101, by United States Mail, regular service, in Harrisburg, Pennsylvania on ~:;1- /.> ,2002. o M. Feather, Esq. orney 1.0. #79456 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 DATE: 05/oZ/ . Attorneys for Plaintiffs .. , . . . " CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the marmer indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108 (Counsel for Plaintiffs) HARTMAN, OSBORNE & RETTIG By: flru7f'-2. ~ Stacy B. Wolf, Esquire Supreme Ct. I.D. # 88732 126-128 Walnut Street Harrisburg, PAl 710 I (717)232-3046 Dated: 5/30/ (B Attorneys for Defendants, Calvin F. Muller and Hertz Corporation >~ ('- ,-;( u _ ( j " 1-.. ir c:; Ul ('., ?'::: ;::: (--: <( ~~.! ....' : ,I "~:.j -- ...~! ~) ~ ,- rI::; .-?~l '.".l... ~5 U \...~..J , 16. JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v BOSCOV'S DEPARTMENT STORE, INC. AND BOSCOV'S DEPARTMENT, LLC. : NO. 01-6579 CIVIL TERM ORDER OF COURT AND NOW, July 24, 2002, by agreement of counsel, the above-captioned matter is continued from the July 24, 2002 Argument Court list. Counsel is directed to relist the case when ready. By the Court, ,/Ken Lee, Esquire For the Plaintiff ,......Barry A. Kronthal, Esquire For the Defendant Lup.~~~ (f)~ > 07-c1,5-0':J l fl.KS Court Administrator ld 'M'__>'O~^__'.~_.,~ .._ ,_ _"___'.___~...~,~~".",... , 11., , ~. ';' VINV/\lASf\N:!d I 'Nnn,lr) (-'\:\!"-~:;,'::;:,'Hi,"" I\.L .",\,. '..!"." '-.'.."'~i,l'<..J l-J(J : I lid C Z /(i:' ::: AtlVlC;;:: j~)i; " ,; '" PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next ArguneI1t Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) James W. Deffenbaugh and Louise A. Deffenbaugh (Plaintiff) vs. Boscov's Department Store. Inc. and Boscov's Department. LLC (Deferoant) No. 6579 Civil Law Jl!19 2001 1. State matter to be argued (Le., plaintiff's rrotion for new trial, defendant's denurrer to canplaint, etc.): Preliminary Objections of Defendant. Boscov's Department Store. Inc.. to the Complaint of Plaintiffs. James W. Deffenbaugh and Louise A. Deffenbaugh 2 . Identify counsel 'Nho will argue case: (a) for plaintiff: Address: Ken Lee. Esquire III N. Front Street P.O. Box 889 Harrisburg. PA 17108 (b) for deferoant: J\ddress: Barry A. Kronthal. Esquire 3510 Trindle Road Camp Hill. PA 17011 3. I will notify all parties in writing within ~ days that this case has been listed for argurent. 4 . ArgUneIlt Court Date: October 23. 2002 r-..+~~ ?J II ~ 10)- for Defendant .~ 0 0 N '1 l>> n-{ H c: T:IJ Ci") r'J1f_ N ~Qm N "-'9 ::::\9- ~ - T::D ~g :x -::> . ~~ ~ r:- ~ N -< JAMES W. DEFFENBAUGH AND LOUISE A. DEFFENBAUGH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. BOSCOV'S DEPARTMENT STORE, INC, AND BOSCOV'S DEPARTMENT, LLC., : 01-6579 CIVIL TERM DEFENDANTS IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. AND tiESS, J. ORDER OF COURT AND NOW, this ,~ day of November, 2002, IT IS ORDERED: (1) Plaintiffs' claim for punitive damages, IS STRICKEN. (2) All other preliminary objections of defendants to plaintiffs' complaint, ARE DISMISSED. ,Aenneth W, Lee, Esquire For Plaintiffs t~'~O-fl~ l RV~ II - /3 -0 d.. '1\ ~arry A. Kronthal, Esquire For Defendants ? :sal V!i\ti/J,'\sr\/N3d )J.Nrrj~~: ~-. ~!::\';::lUlO ~ l' -'1 0<:, :(, I' (, IIJtJ BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0?32 Telephone: (717) 9751-8114 Facsimile: (717) 9751-8124 E-Mail: bkronthaI@margolisedelsteinocom Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W, DEFFENBAUGH AND LOUISE A, DEFFEN-l3AUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY V BOSCOV'S DEPAR~ENT STORE, INe. AND BOSCOV'S DErARTMENT, LLC NO, 2001-6579 CIVIL LAW To: James W, Deffenb ugh and Louise A, Deffen ugh c/o Kenneth Lee, squire III North Front S reet p,O, Box 889 i Harrisburg, PA 17'08 , NOTICE TO PLEAD i YOU ARE HE~BY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENfANT, BOSCOV'S DEPARTMENT STORE, INC, and BOSCOV'S DEPARTMENT STO$, LLe., within twenty (20) days from service hereof, or a default judgment may be enter~d against you, , , Date: I a onthal ID No, 55672 p,O, Box 932 Harrisburg, PA 17108-0932 717-975-81l4 Attorney for Defendant Boscoy'S Department Store BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-<8114 Facsimile: (717) 97541124 E~Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200,4-00021 JAMES W, DEFFENBAUGH AND LOUISE A. DEFFEN~AUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY Y NO. 2001-6579 BOSCOY'S DEPARTMENT STORE, INC, AND BOSCOY'S DEPARTMENT STORE, LLC CIVIL LAW Bose AND NOW, colnes Defendants, Boscov's Department Store, Inc" and Boscov's Department Store, LL(, (collectively referred to as "Boscov's") by and through its counsel, Margolis Edelstein, an4 hereby files this Answer with New Matter to the Complaint of Plaintiffs, James W, Deffenbaughi and Louise A, Deffenbaugh (collectively referred to as "Plaintiffs"), averring the following in support thereof: ANSWER 1, Denied, Aft~r reasonable investigation, Boscov's is without knowledge or information sufficient t9 form a belief as to the truth of the averments of this paragraph and they i i are, therefore, denied, I 2, Admitted, B~ way of further answer, the correct name is Boscov's Department Store, ! LLC. I 3, Admitted, 4, Admitted, 5, Denied, The averments of this paragraph state a condusion oflaw to which no response is required and they are, therefore, denied, II. Facts 6, The answers contained in Paragraphs 1 through 5 inclusive hereof, are incorporated by reference herein as if set forth in their entirety, 7, Admitted in'part and denied in part, It is admitted that Boscov's is a department store and that the public entttrs its stores to purchase wares and merchandise, which Boscov's has in its stores, The remainipg averments of this Paragraph state a conclusion oflaw to which no response is required anid they are, therefore, denied, 8, Admitted in ,part and denied in part, It is admitted that Boscov's conducts public advertising campaigns, The remaining averments of this Paragraph state a conclusion oflaw to which no response is r~quired and they are, therefore, denied, 9, Admitted in'part and denied in part, It is admitted that Boscov's maintains surveillance equipmenj and security personnel upon its premises, The remaining averments of this Paragraph state a qonclusion of law to which no response is required and they are, therefore, denied, 10, Admitted, 11. Denied, It lis specifically denied that Boscov's security took no action of whatsoever kind or character regar~ing the apprehension of Kenneth E, Cline on December 8, 1999, 12, Admitted + part and denied in part, It is admitted upon information and belief that , I on the mornmg of Dec~mber 9, 1999, Plaintiff entered Boscov's, After reasonable investigation, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments regarding whether Plaintiff was with his mother, and what, if any, were Plaintiff s purposes for entering the store, Furthermore, the averments of this Paragraph regarding whether Plaintiff was a business invitee state a conclusion oflaw, to which no response is required and they are, therefore, denied, 13, Admitted in part and denied in part, It is admitted tb.at on or about December 9, 1999, there were otheripersons shopping in Boscov's, The remaining averments of this Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied, By way of further answer, after reasonable investigation, Boscov's is without knowledge or informa~ion sufficient to form a belief as to the truth ofthe averments regarding what was the purpose <iJf any other patrons on December 9, 1999, 14, Admitted ip part and denied in part, It is admitted tb.at at some time on December 9, 1999, Boscov's perso~nel observed Mr. Cline on the subject premises, It is specifically denied that said personnel ob~erved Mr. Cline enter with wares or merchandise which Boscov's personnel had observe~ him remove from the premises on another date, 15, Denied, The averments of this Paragraph state a conclusion oflaw to which no response is required arid they are, therefore, denied, By way offurther answer, it is specifically denied that Boscov's ~ew or had reason to know that Mr. Cline was a dangerous person or I presented the potentiall to create a dangerous condition, Also, at all times relevant hereto, it is specifically denied thaf there was any potential to create a dangerous condition and/or that there was any dangerous co~dition present. Further, it is specifically denied that Boscov's failed to apprehend Mr. Cline, tnd/or attempt to apprehend Mr. Cline, !it is admitted that Boscov's failed to prevent Mr. Cline's lentry, However, it is specifically denied that Boscov's could reasonably I I I do so and/or that Boscov's was under any duty to do so, Furthe:r, it is specifically denied that personnel permitted Plaintiff to traverse to the middle of the pf(~mises, up two (2) flights of stairs and to the merchandise exchange and/or refund desk. 16, Denied, The averments of this Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied, By way of further answer, it is specifically denied that Boscov's personnel knew, or had reason to know, that on December 9,1999, any attempt to apprehend NIr, Cline could place at jeopardy, the lives, safety, and health of any persons at Boscov's, Further, it is specifically denied that any apprehension placed at jeopardy, the lives, safety, and health of Plaintiff, and/or any other persons in Boscov's on the aforesaid date, Further, it is spetifically denied that Boscov's personnel permitted Plaintiff to traverse to the middle of the prem,ses, up two (2) flights of stairs and to the merchandise exchange and/or refund desk. 17, Denied, The averments of this Paragraph state a conclusion of law to which no response is required aQd they are, therefore, denied, By way offurther answer, it is specifically denied that Boscov's p~rsonnel permitted Mr. Cline to enter the premises on December 9, 1999, to traverse the premise~ to Boscov's merchandise exchange and/or refund desk, to provide Mr, I Cline the opportunity to exchange the wares or merchandise he illegally took the previous day for money, and thereb~ permit Boscov's to have Mr. Cline charge with a higher grade of criminal defense than ifMr. Cline had been apprehended on December 8, 1999, or upon his immediate entry upon ~he premises on December 9, 1999, 18, Denied, It 'S specifically denied that when on December 9, 1999, Mr. Cline , attempted to exchange ror money the wares or merchandise that he illegally obtained the previous day, Boscov'~ personnel attempted to apprehend him for the purposes of a criminal , arrest. 19, Denied, The averments of this Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied, By way offurther answer, it is specifically denied that the attempt to apprehend Mr. Cline on December 9, 1999, was unsuccessful and that he fled from Boscov's merchandise exchange, back down the stairs, into the middle of the premises and amongst ~ large number of persons on the premisfls, 20, Denied, It lis specifically denied that at any time on December 9,1999, did Boscov's personnel request the Jssistance in the apprehension ofMr. Cline from any persons in Boscov's, 21. Denied, T\1e averments of this Paragraph state a conclusion oflaw to which no response is required ani<! they are, therefore, denied, By way of further answer, it is specifically , denied that the arrest orMr, Cline on December 9, 1999, was "violent" and/or resulted in the destruction of or dama8e to numerous items of wares or merchandise, and the destruction of, damage to, or the spillipg or upheaval of the display cases and/or shelves upon which the destroyed or damaged j-vares or merchandise had been located, It is admitted, however, the Mr. Cline and a Boscov's dmployee fell into a display case, and damaged same, I i 22, Denied, T~e averments ofthis Paragraph state a conclusion oflaw to which no response is required an~ they are, therefore, denied, By way of further answer, it is specifically denied that at any timelon December 9, 1999, did any Boscov's personnel request any persons in Boscov's to assist in thf apprehension ofMr. Cline, By way of further answer, after reasonable i investigation, Boscov'~ is without knowledge or information sufficient to form a belief as to the truth of the averments ~fthiS Paragraph regarding what Plaintiff did and/or why, and the i averments relating the1to are, therefore, denied, It is admitted that there was an impact between I Plaintiff and Mr. Cline Ion the premises, near the courtesy desk. i I i 23, Denied, The averments of this Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied, By way of further answer, it is specifically denied that at any time on December 9, 1999, did Boscov's personnel request any persons in Boscov's to assist in the apprehension ofMr. Cline, Further, after reasonable investigation, Boscov's is without knowledge or information sufficient to foml a belief as to the truth of the averments regarding w~ether the alleged "collision" between Plaintiff and Mr. Cline could have been avoided, and the .verments relating thereto are, therefore, denied, 24, Denied, T~e averments of this Paragraph state a conclusion oflaw to which no I response is required aJI they are, therefore, denied, By way of further answer, Boscov's is , without knowledge or Information sufficient to form a belief as to the truth of the averments of this Paragraph and thet are, therefore, denied, 25, Denied, ~e averments of this Paragraph state a conclusion oflaw to which no response is required a9d they are, therefore, denied, By way of further answer, Boscov's is I without knowledge or jnformation sufficient to form a belief as to the truth of the averments of this Paragraph and thet are, therefore, denied, , 26, Denied, T~e averments of this Paragraph state a conclusion oflaw to which no I I response is required a~d they are, therefore, denied, By way of further answer, Boscov's is I without knowledge or jnformation sufficient to form a belief as to the truth of the averments of this Paragraph and thet are, therefore, denied, 27, Denied, T~e averments of this Paragraph state a conclusion oflaw to which no response is required a1d they are, therefore, denied. By way of further answer, Boscov's is without knowledge or jnformation sufficient to form a belief as to the truth of the averments of this Paragraph and thet are, therefore, denied, I I I , 28, Denied, The averments ofthis Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied, By way of further answer, Boscov's is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied, 29, Denied, The averments of this Paragraph state a conclusion oflaw to which no response is required arjd they are, therefore, denied, By way of further answer, Boscov' s is without knowledge or ,nformation sufficient to form a belief as to the truth of the averments of this Paragraph and ther are, therefore, denied, 30, Denied, T~e averments of this Paragraph state a conclusion oflaw to which no , , response is required arjd they are, therefore, denied, By way of further answer, Boscov's is without knowledge or ~nformation sufficient to form a belief as to the truth of the averments of this Paragraph and ther are, therefore, denied, 31. Admitted * part and denied in part, It is admitted that Boscov's agreed to pay , certain medical expen~es for Plaintiffs, It is specifically denied that Boscov' s agreed to pay said medical bills with no ljmitation as to time or amount. By way of further answer, the averments of this Paragraph reg~ding whether Plaintiff sustained injuries state a conclusion of law to which no response is r~quired and they are, therefore, denied, Also, after reasonable I i investigation, Defendapts are without knowledge or information sufficient to form a belief as to I I the truth of the averm~ts of this Paragraph regarding whether Plaintiff sustained any injuries, I and the averments relating thereto are, therefore, denied, By way of further answer, it is I specifically denied that Boscov's was under any duty, whatsoever, to continue to paying said medical expenses ofP\aintiffs, 32, Admitted i~ part and Denied in part, It is admitted that Boscov's paid certain I I , medical expenses of Plaintiffs, until on or about February of 2001. The remaining averments of this Paragraph state a conclusion of law to which no response is required and they are, therefore, denied, By way offurther answer, it is specifically denied that Boscov's was under any duty, whatsoever, to continue paying said medical expenses of Plaintiffs, III. Count One- Breach of Contract and Declaratory Judgment 33, The answejs contained in Paragraphs I through 32 inclusive hereof, are incorporated by reference herein as f set forth in their entirety, , 34, Denied, Tte averments of this Paragraph state a conclusion oflaw to which no response is required ~ they are, therefore, denied, By way of further answer, it is specifically , denied that Boscov's ,as under any duty, whatsoever, to pay any medical expenses ofPlaintitTs, 35, Denied, T~e averments of this Paragraph state a conclusion oflaw to which no i response is required a~d they are, therefore, denied, By way of further answer, after reasonable , investigation, BOscov'~ is without knowledge or information sufficient to form a belief as to the I truth of the averments pf this Paragraph and they are, therefore, denied, By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to pay any medical expenses ofP\aintiffs, 36, Denied, T~e averments of this Paragraph state a conclusion oflaw to which no I response is required arjd they are, therefore, denied, By way of further answer, it is specifically i denied that Boscov's ~as under any duty, whatsoever, to pay any medical expenses of Plaintiffs, 37, Denied, The averments of this Paragraph state a conclusion oflaw to which no I , , response is required mtd they are, therefore, denied, By way of further answer, it is specifically i denied that Boscov's as under any duty, whatsoever, to pay any medical expenses of Plaintiffs, 38, Denied, T e averments of this Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied, By way of further answer, it is specifically denied that Boscov's was under any duty, whatsoever, to pay any medical expenses of Plaintiffs, WHEREFORE, Defendants, Boscov's Department Store:, Inc" and Boscov's Department Store, LLC, respectfully requests that a Judgment be entered in their favor and against Plaintiffs, James W, Deffenbaugh and Louise A. Deffenbaugh, his wife, with costs assessed to Plaintiffs, IV. Count Two- Ne'lliKenCe 39, The answets contained in Paragraphs I through 38 inclusive hereof, are incorporated i by reference herein as jf set forth in their entirety, 40, Denied, T~e averments of this Paragraph state a conclusion oflaw to which no response is required a~ they are, therefore, denied, By way of further answer, it is specifically denied that at any timelrelevant hereto, was there ever a hazardous/dangerous condition present. 41, Denied, Tlle averments of this Paragraph state a conclusion of law to which no , response is required ~ they are, therefore, denied, By way of further answer, it is specifically denied that at any time I relevant hereto, was there ever a hazardous/dangerous condition present. It is specifically denie4 that at any time relevant hereto, Boscov's, in any way, acted negligently and/or carelessly, On ~he contrary, at all times relevant hereto, Boscov's acted with due care and caution under the circulmstances then existing, 42, Denied, T~e averments ofthis Paragraph state a conclusion of law to which no I response is required an,li they are, therefore, denied, By way of further answer, it is specifically denied that at any timelrelevant hereto, was there ever a hazardous/dangerous condition present. 43, Denied, T~e averments of this Paragraph state a conclusion oflaw to which no response is required at' they are, therefore, denied, By way of further answer, it is specifically denied that Boscov's, y itself and/or through its agents and/or ,~mployees, was negligent, I i ! reckless, and/or careless in any of the following manner: a, failing to properly supervise its agents and/or employees so that they would not create the dangerous condition; b, permitting the aforesaid Kenneth E, Cline to enter upon the Premises for the reasons stated herein; c, failing to aPfrehend the aforesaid Kenneth E, Cline on December 8, 1999, or prior to or immediately upon hIs re-entry onto the Premises on December 9,1999; i d, failing to ha e sufficient security or other personnel or law enforcement present so as to prevent the flight b the aforesaid Kenneth E, Cline; e, failing to pr perly supervise its agents and/or employees so that they would prevent the entry upon the prerises or the flight by the aforesaid Kenneth E, Cline; f. failing to aPfrehend and remove the aforesaid Kenneth E, Cline from the Premises before his flight and c111ision with Plaintiff, James W, Deffenbaugh; g, creating or 1110wing such a dangerous condition to exist on December 9, 1999; I ! h, permitting, dangerous condition to exist when Boscov's knew, could have known, had reason to know orlshould have known that Plaintiff, James W, Deffenbaugh, or other like him would have SUbjetted to the hazard or danger; I i, failing to exhcise control in such a manner so as to prevent the dangerous condition I from existing or conti uing; j, failing to pr perly train their agents and/or employees so as to prevent the occurrence of dangerous conditio s, including the dangerous conditions, including the dangerous condition that caused Plaintiff, J mes W, Deffenbaugh's, injuries; k. failing to w of the dangerous condition that existtod; I. failing to have adequate supervising personnel present on the day in question; and m, permitting its agents, employees or personnel to request assistance from Boscov's business invitees, By way of further answer, at all times relevant hereto, Boscov's acted with due care and caution under the circumstances then existing, and it is specifically denied that at any time relevant hereto, was th re any hazardous or dangerous condition, 44, Denied, T e averments ofthis Paragraph state a conclusion oflaw to which no response is required a they are, therefore, denied, By way of further answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition, 45, Denied. T e averments of this Paragraph state a conclusion oflaw to which no response is required a d they are, therefore, denied, By way of further answer, it is specifically 46, Denied, T e averments of this Paragraph state a conclusion oflaw to which no denied that at any tim relevant hereto, was there any dangerous or hazardous condition, response is required a d they are, therefore, denied, By way of further answer, it is specifically denied that at any tim relevant hereto, was there any dangerous or hazardous condition, and/or that Boscov's, in any tay, acted negligently and/or carelessly, On the contrary, at all times, relevant hereto, BOSCOr's acted with due care and caution under the circumstances then existing, 47, Denied, ~e averments of this Paragraph state a conclusion oflaw to which no I response is required a d they are, therefore, denied, By way of further answer, it is specifically denied that at any tim relevant hereto, was there any dangerous or hazardous condition that involved an unreason ble risk of harm, 48, Denied, he averments of this Paragraph state a conclusion oflaw to which no response is required a d they are, therefore, denied, By way of further answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition, 49, Denied, The averments of this Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied, By way offurther answer, it is specifically denied that at any time relevant hereto, was there any dangerous or hazardous condition, and/or that Boscov's, in any way, acted negligently and/or carelessly, On the contrary, at all times, relevant hereto, Boscot's acted with due care and caution under the circumstances then existing, I WHEREFOREj Defendants, Boscov's Department Store, Inc" and Boscov's Department Store, LLC, respectfuI~ requests that a Judgment be entered in their favor and against Plaintiffs, James W, DeffenbaUg~ and Louise A Deffenbaugh, his wife, with costs assessed to Plaintiffs, I V. 0 nt Thr - Want nand Willf I Mi ond t'R ckl 50. The answe s contained in Paragraphs I through 49 inclusive hereof, are incorporated , by reference herein asjf set forth in their entirety. 51-53, Pursua t to Order of Court dated November 13, 2002, this Count has been I I I i WHEREFOREj, Defendants, Boscov's Department Store, Inc" and Boscov's Department Store, LLC, respectfulfy requests that a Judgment be entered in their favor and against Plaintiffs, James W, Deffenbaug~ and Louise A, Deffenbaugh, his wife, with costs assessed to Plaintiffs, I I , stricken, VI. Count Four- Loss of Consortium 54, The answ1rs contained in Paragraphs I through 53 inclusive hereof, are incorporated by reference herein asl if set forth in their entirety, I 55, Denied, ihe averments of this Paragraph state a conclusion oflaw to which no response is required +d they are, therefore, denied, 56, Denied, 1he averments of this Paragraph state a conclusion oflaw to which no I I i response is required and they are, therefore, denied, WHEREFORE, Defendants, Boscov's Department Store, Inc" and Boscov's Department Store, LLC, respectfully requests that a Judgment be entered in their favor and against Plaintiffs, James W, Deffenbaugh and Louise A. Deffenbaugh, his wife, with costs assessed to Plaintiffs, NEW MATTER 57, The answe~s contained in Paragraphs 1 through 56 inclusive hereof, are incorporated i by reference herein as If set forth in their entirety, 58. Plaintiffs' laims, if any, are barred by the applicable statute oflimitations, , , 59, Plaintiffs' ~Iaims, if any, are barred by the doctrines of contributory and comparative i negligence and assum~tion of the risk. 60, Plaintiffs ~ave failed to state any claims upon which relief can be granted, i 61, Plaintiffs' plaims, if any, are barred by their failure to mitigate their damages, ! i 62, Plaintiffs' Injuries and/or damages, if any, were proximately and directly caused by I I the negligent, careless land/or reckless conduct of persons and/or entities over whom Boscov's had no control and foriwhom Boscov's is not legally or otherwise responsible, 63, To the exttnt that there was a hazardous or dangerous condition, which is specifically denied, thtn Boscov's did not have notice or have reason to have notice of said i condition, 64, It is speciically denied that Plaintiff, James W, Deffenbaugh, was a business invitee, 65, Plaintiffs' Iclaims, if any, were solely, directly and/or proximately caused by I Plaintiffs' own neglig~nce, reckless and/or careless conduct. i 66, Plaintiffs' I claims, if any, are barred by the doctrine oflaches, 67, Boscov's ~either owed, nor breached, any duty to Plaintiff, whether in contract or , I I tort, and never failed to adhere to any standards, obligations and/or responsibilities, 68, Plaintiffs may be barred in whole or in part from recovery because they have made statements or taken actions which constitute a waiver of their claims, 69. Plaintiffs' claims, if any, are barred by the doctrines of accord and satisfaction, 70, Plaintiffs' claims, if any, are barred on the ground that Boscov's has discharged its obligations to Plaintiff~, , , 71. Plaintiffs' 1laims, if any, are barred by the failure of consideration, 72, Plaintiffs' laims, if any, are barred by the doctrine of justification, 73, an adequate remedy at law, 74, Plaintiffh s "unclean hands," 75, Boscov's rfserves the right to assert any and all affirmative defenses that it may learn through further 4scovery and investigation, 76, Plaintiffs' ~laims, if any, are barred by their failure to plead a dangerous condition, I 77, Plaintiffs' plaims, if any, are barred and/or limited by any pre-existing medical condition or condition I suffered by Plaintiffs, ! 78, At all tim9s relevant hereto, Boscov's acted with due care and caution under the circumstances then exIsting, WHEREFO~, Defendant, Boscov's Department Store, Inc" and Boscov's Department Store, LLC, respectfu ly requests that a Judgment be entered in its favor and against Plaintiffs, James W, Deffenbaug and Louise A, Deffenbaugh, his wife, with costs assessed to Plaintiffs, Respectfully submitted, Date: onthal ID 55672 P,O, Box 932 Harrisburg, PA 17108-0932 717-975-8114 Attorney for Defendant Boscov's Department Store VERIFICATION I, Barry Kronthal, have read the foregoing Answer with New Matter. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, I am authorized to make this Verification on behalf of my client, This VerificatiQll is made subject to the penalties of 18 Pa,C,S,A, Section 4904, relating to unsworn falsificati01 to authorities, which provides that if I knowingly make false averments, I I may be subject to critinal penalties, I Date: /0/30 in ~ I 'fI - , CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this 31 _ day of ~, 2003, served a true and correct copy of the foregoing Answer and New Matter upon the person(s) and in the manner indicated below: Service bv First Class Mail. Postage Prepaid. Addressed as Follows: Kenneth Lee, Esquire 111 North Front Street P,O, Box 889 Harrisburg, P A 17108 MARGOLIS EDELSTEIN By: QLa~ D:\! Travelers\24200.4-00021 \PleaditS\AnSWer with New Matter.] -13-03.wpd I Carol Moose (") 0 r.fl c w ~ z ,-< ""D(J.) (~ ::~~ rllrr-, Z :;;~ zf":' I ~::J_ w ':~5 r-c -0 ..J:~ ~.- ;e:. ::!:: ',) Z........,-' 7 --( I S:? (3m );-'c: 'b! 2. -" ~ -~ U1 - BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court 1.0. No. 55672 MARGOLIS EDELSTEIN P. 0, Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00021 JAMES W, DEFFENBAUGH AND LOUISE A, DEFFENBAUGH, COURT OF COMMON PLEAS CUMBERLAND COUNTY v NO, 2001-6579 BOSCOV'S DEPARTMENT STORE, INC, AND BOSCOV'S DEPARTMENT, LLC CNIL LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly substitute the Vertification ofJack H. Roach, Jr. to the Answer and New Matter of Defendants, Boscov's Department Stores, Inc., and Boscov's Department, LLC, filed on or about November 3, 2003, in the above-captioned matter. Respectfully submitted, MARGOLIS EDELSTEIN Date: A. Kron a No, 55672 P.O, Box 932 Harrisburg, PA 17108-0932 717-975-8114 Attorney for Defendants VERIFICATION I Jack Roach, Jr., hereby verify that I am the Vice President, Director of Risk Management for Boscov's Department Store, LLC" defendant in this action, and as such I am authorized to make this verification on its behalf, and that the facts set forth in the foregoing Answer with New Matter pursuant to P A, R.C,P, 2252(d) of Defendant Boscov's Department Store, LLC to Plaintiffs Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit The language of the Answer is that of counsel and not of the undersigned, The undersigned verifies that he has read the attached Pleading and that it is true and correct to the best of his information and beliefto the extent that the contents of the Answers are that of counsel and the undersigned has relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa, C.S.A, S4904 relating to unsworn falsification to authorities, J ck H. Roach, Jr. ice President, Director of Risk Management CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ;). ~day of r~04, served a true and correct copy of the foregoing upon the person( s) and in the manner indicated below: Service bv First Class Mail. Postage Prepaid. Addressed as Follows: Kenneth Lee, Esquire 111 North Front Street P,O, Box 889 Harrisburg, P A 17108 MARGOLIS EDELSTEIN By: CceJ:).n Carol Moose 0:\1 Trave1ers\24200.4-00021\PJeadingsIPraecipe to Substitute Verification.I-8-04.wpd , 0 '" C) C:) C. <..-.~ -II - --~ L- . -- i-'Ii :;.i:: f-.- ;" ", 0 0) , () l -, , -.,"' -, , , , " ----"" C., r,) .t~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A DEFFENBAUGH, his wife, Plaintiffs, No. 2001-6579 vs, BOSCOV'S DEPARTMENT STORE, INC" and BOSCOV'S DEPARTMENT STORE LLC, PLAINTIFFS' REPLY TO NEW MATTER Defendants, Filed on behalf of Plaintiffs, James W, and Louise A Deffenbaugh,Defendants. : Counsel of Record for This Party: TUCKER ARENSBERG, P.C, Kenneth W, Lee PA 11.0, No. 50016 111 North Front Street p, 0, Box 889 Han'isburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES W. DEFFENBAUGH and LOUISE A. DEFFENBAUGH, Plaintiffs, v No,2001-Ei579 BOSCOV'S DEPARTMENT STORE, INC, and BOSCOV'S DEPARTMENT, LLC, Defendants. CIVIL LAW PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes plaintiffs, James W, and Louise A. Deffenbaugh, by and through their attorneys, who file this Reply To New Matter and in support thereof state: 1, Plaintiffs are advised that no response to paragraph 57 of defendants' New Matter is required in that defendants have incorporatl~d paragraphs 1 through 56 of their Answer. 2, Plaintiffs are advised that the averments in paragraph 58 of defendants' New Matter constitute a conclusion of law to which no response is required. 3, Plaintiffs are advised that the averments in paragraph 59 of defendants' New Matter constitute a conclusion of law to which no response is required. 4. Plaintiffs are advised that the averments in paragraph 60 of defendants' New Matter constitute a conclusion of law to which no response is required, 5. Plaintiffs are advised that the averments in paragraph 61 of defendants' New Matter constitute a conclusion of law to which no response is required, 6, Plaintiffs are advised that the averments in paragraph 62 of defendants' New Matter constitute a conclusion of law to which no response is required. 7, Plaintiffs are advised that the averments in paragraph 63 of defendants' New Matter constitute a conclusion of law to which no response is required. 8, Plaintiffs are advised that the averments in paragraph 64 of defendants' New Matter constitute a conclusion of law to which no response is required. 9, Plaintiffs are advised that the averments in paragraph 65 of defendants' New Matter constitute a conclusion of law to which no response is required, 10. Plaintiffs are advised that the averments in paragraph 66 of defendants' New Matter constitute a conclusion of law to which no response is required, 11, Plaintiffs are advised that the averments in paragraph 67 of defendants' New Matter constitute a conclusion of law to which no response is required. 12. Plaintiffs are advised that the averments in paragraph 68 of defendants' New Matter constitute a conclusion of law to which no response is required, 13. Plaintiffs are advised that the averments in paragraph 69 of defendants' New Matter constitute a conclusion of law to which no response is required, 14, Plaintiffs are advised that the averments in paragraph 70 of defendants' New Matter constitute a conclusion of law to which no response is required, 15, Plaintiffs are advised that the averments in paragraph 71 of defendants' New Matter constitute a conclusion of law to which no response is required, 16. Plaintiffs are advised that the averments in paragraph 72 of defendants' New Matter constitute a conclusion of law to which no response is required. - 2- 17, Plaintiffs are advised that the averments in paragraph 73 of defendants' New Matter constitute a conclusion of law to which no response is required, 18, Plaintiffs are advised that the averments in piaragraph 74 of defendants' New Matter constitute a conclusion of law to which no response is required, 19. Plaintiffs are advised that the averments in paragraph 75 of defendants' New Matter constitute a conclusion of law to which no response is required, 20. Plaintiffs are advised that the averments in paragraph 76 of defendants' New Matter constitute a conclusion of law to which no response is required, 21 . Plaintiffs are advised that the averments in paragraph 77 of defendants' New Matter constitute a conclusion of law to which no response is required, 22, Plaintiffs are advised that the averments in paragraph 78 of defendants' New Matter constitute a conclusion of law to which no response is required, WHEREFORE, plaintiffs, James W. and Louise A, Deffenbaugh demand judgment against defendants as requested in the Complaint. TU. KER ARENSBERG, P.C, 7) Kenneth W, Lee PA I.D, no, 50016 111 North Front Street P,O, Box 889 Harrisburg, P,l\ 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, JAMES W. DEFFENBAUGH AND LOUISE A DEFFENBAUGH - 3 - VERIFICATION AND NOW, comes James W, Deffenbaugh, and vE~rifies that the facts contained in the foregoing Plaintiffs' Reply To New Matter are true and correct to the best of his knowledge, information and belief. This Verification is molde subject to the penalties of 18 Pa, C,SA S 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead mal<es a written false statement which he does not believe to be true. ~ (0 {JiPY- James W, Deffenbaugh - 4- VERIFICATION AND NOW, comes Louise A. Deffenbaugh, and verifies that the facts contained in the foregoing Plaintiffs' Reply To New Matter are true and correct to the best of her knowledge, information and belief This Verification is made subject to the penalties of 18 Pa. C.SA S 4904, relating to unsworn falsification to authorities, which provides criminal penalties if a person with intent to mislead makes a written false statement which she does not believe to be true, .~l. ouise A. Deffenbaugh - 5 - CERTIFICATE OF SERVICE I hereby certify that the original of the foregoing Plaintiffs' Reply To New Matter was served this II/h day of May, 2004, upon all parties or their counsel via U,S, Mail, First Class, Postage prepaid and addressed as follows: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 ~.L" 68350.1 -6- ,-, =) 0 ~ -n -". .-1 :r: ..-.,.. 111JJ -< -CT r-n . N :'~)O r'-~ 0 r:) :.:-. -"rJ :;! ." ) " ~4~ _:i. ,- l) )> r-n ;-~, :, =2 r- ~:r) 0> -< CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOBNA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BARRY A, KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 05/01/2006 DEll-623347 ~77~9-LO~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04{11{2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 4800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR. D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MBDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo, 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SCHEIN ERNST EYE ASSOC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ..** SEE A TI ACHED RIDER *..* at The MCS Gro"p Ino ]601 Market Street Suite 800 Philadelphia PA 19]03 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 TIIE REQUEST OF TIIE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMPHTTT PA ]70]] TELEPHONE: (2]5) 246-0900 SUPREME COURT ill #: ATIORNEY FOR: Defendant MAY 0 1 2006 Date: ~'1"-L l ^II :ltJOt.. Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCHEIN ERNST EYE ASSOC 2509 N. FRONT STREET HARRISBURG, PA 17110 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 11/20/00 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETI'ERS, PA 17319 Social Seeurity #: XXX-XX-6703 Date of Birth: 10-15-l964 SUI0-616172 17719-L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BARRY A, KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 05/01/2006 DE11-623348 J..77J..9-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVB A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A, KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200,4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOIi' HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-32B50 :L 7 7:L 9 - C O:L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo, 2001-6579 vs, BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MAGNETIC IMAGING CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A IT ACHED RIDER .... at The MCS ('tl'ollP Ino 1601 Market S1reet Suite ROO Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO, ADDRESS: 3510 TRINDLE ROAD CAMFHTI,J. FA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY ivision Date: f) MAY 0 1 2006 P;2I L /'f, ;:) Dt.i"" Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MAGNEfIC IMAGING CENTER 4665TR1NDLEROAD CAMP HILL, PA 17011 RE: 17719 JAMES W. DHFt<JjfffiAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND AlL MEDICAL RECORDS FROM 2/27/01 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SUI0-616174 17719-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BARRY A, KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No Objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 05/01/2006 beh~ .-~ DE11-623349 17719 -LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-329350 ~77~9-CO~ >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D,C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo. 2001-6579 vs, BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERCOL ACRY DC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at TheMCSGl'Oun Tn" ]601 MarkelStreel Suile800 Philadelphia PA 19101 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. TIDS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A KRONTHAL. ESO, ADDRESS: 3510 TRTNDLE ROAD CAMP HILL P A 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAY 0 1 2006 /)rrLll ^I, ;:Joo/"" Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERCOL ACRI, D,C. 202 NORTH FREDERICK ST, MECHANICSBURG, PA 17055 RE: 17719 JAMES W, DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 10/11100 TO PRESENT, Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SUIO-616460 17719-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BARRY A, KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of .intent to serve the subpoena, DATE: 05/01/2006 DEl1-623350 17719-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTBAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200,4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT " FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS " BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECOROS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719 - CO 1 COMMONWEALTH OF PENNSYL Y ANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo, 2001-6579 vs, BOSCOY'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEYSTONE SPINE CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A IT ACHED RIDER **** at The MCS lrrollP [nc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A, KRONTHAL. ESO, ADDRESS: 3510 TRINDLE ROAD CAMFHTU. FA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: AITORNEY FOR: Defendant Date: {JeIL'1 lMAY1/~~)L Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CENTER 1521 CEDAR CLIFF ROAD CAMP HILL, PA 17011 RE: 17719 JAMES W. Dh....hNBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 2/18/02 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETI'ERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SUI0-616178 17719-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 OF/,lr:q'\l I I , ~',-,'! '.-. IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BARRY A, KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 05/01/2006 DEll-623351 ~ 7 7 ~ 9 -LO 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4 -00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 11800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719 - CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT I< FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEOICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS I< BILLING OTHER EMPLOYMENT MEOICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo, 200] -6579 vs, BOSCOY'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOP A FmC INSTmITE OF P A (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ..** SEE A IT ACHFn RIDER .... at The MCS Groqp Ine 160] Market Street Suite ROO Philadelphia PA ]9103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought, If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO, ADDRESS: 3510 TRINTlLE ROAn CAMP HILL PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant sion Date: {J (MAY 0 1 2006 PIL i "1, ;).ODb Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD CAMP HILL, PA I701l RE: 17719 lAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL AND RADIOLOGY RECORDS FROM 11120/01 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, Ern;KS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SUI0-616180 17719-LOS CERTIFICATE PURSUANT TO RULE 4009.22 OR/r;~v" 1 PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BARRY A, KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 05/01/2006 DEll-623352 17719 -LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF DlTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4 -00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT & FACIAL PLASTIC SURGERY KIIAN liON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOII HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS & BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719 -CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo, 2001-6579 vs, BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: *..* SEE A IT ACHED RIDER *..* at The MCS (',TOllP Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO, ADDRESS: 3510TRTNnl.EROAD CAMP HILT. FA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATIORNEY FOR: Defendant Date: 4prLt l MAY 0 1 2006 ^I ) I')f) t, I Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 3/1I(J2 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, E'ITERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 8U10-616182 ~ 77 ~ 9 -LO 6 CERTIFICATE O/?/GI/VAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BARRY A, KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 05/01/2006 DEll-623353 17719-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOClJMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #aoo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 ::t. 7 7::1. 9 - CO ::t. LOCATION NAME SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOME CARE OF HARRISBURG CAMP HILL FIRE CO. PRIME RICA FINANCIAL SERVICES ENT (, FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEOICAL GROUP >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS (, BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo, 2001-6579 vs, BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: *..* SEE A IT AClffiD RIDER *..* at The MCS ('>1'olij) Inc 1601 Market Street Suite 800 Fhiladelnhia FA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO, ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY Date: MAY 0 1 2006 I) ;')n i l '( ).ty-,L I I Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RADIOLOGY RECORDS FROM 3/1/02 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 1&-1S-19Ci4 SUIO-616184 17719 -LO 7 CERTIFICATE 08/G~!( PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BARRY A, KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 05/01/2006 DEl1-623354 1. 7 7 1. 9 - L 08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO l?RODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 [ Note: see enclosed list of locations ] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS On behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200,4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIME RICA FINANCIAL SERVICES ENT Ii FACIAL PLASTIC SURGERY KWAN liON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS Ii BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No, 200] -6579 vs. BOSCOY'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for STYNCHULA CHIROPRACTIC CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TI ACHED RIDER **** at The MCS Group Ine 160] Market Street Suite 800 Philadelphia PA 19]03 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A, KRONTHAL. ESO, ADDRESS: 35]0 TRINDLE ROAD CAMP HILL PA l701l TELEPHONE: (2]5) 246-0900 SUPREME COURT ill #: ATIORNEY FOR: Defendant Date: ~ .MAY O~ 2006 i::> ~ \ ! f, ;:)/JC;'-. - , Seal of the Court Protho Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STYNCHULA CHIROPRACTIC CTR. 3690 VARTAN WAY HARRISBURG, PA 17110 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 3/16/01 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETI'ERS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-1964 8U10-616186 17719-Loa CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 OR/{iI;V~ll 'IJ fJj' ..... IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the .ubpoena. DATE: 05/01/2006 DEll-62335517719-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-329350 17719-C01 LOCATION NAME SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for W AL-MART LITIGATION SUPPORT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCS Gro4j) IDe 160] Market Street Suite 800 PhiladelDhia PA ]9103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDI.E ROAD CAMP HIT,]. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAY 0 1 2006 () pn ~ ( 7/), /"J/J(-, Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: W AL-MART LITIGATION SUPPORT ATTN: JENNIFER JENKINS 700. S.W. 8TII STREET BENTONVILLE, AR 727160215 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, SSO.oo for all other providers. PHARMACY LOCATION: 6520 CARLISLE PIKE, MECHANICSBURG, PA, 17055. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. &tire prescription and/or pharmaceutical file, including but not limited to any and all records, reports, correspondence, memoranda, complete history and payment records, including any and all such items as IIlllY be stored in a computer database or otherwise in electronic form, pertaining to: Dates R~ested: up to and includin2 the present. Subject: AMES W. DEFFENBAUGil 446 SHULER ROAD, ETI'ERS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SUlO-616188 17719 -LO 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 OR/G/iVAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 DEll-623356 17719-L10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI. D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA 'HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIME RICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for T AMDOT HOMECARE OF HARRISBI IRG (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHFn RIDER .... at TheMeS Group Tne 1601 Market Street Suite 800 Phi]ade]nhia PA ]9103 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: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAn CAMPHIT.J. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAY 0 1 2006 {J::Jfl-' ( I[ J.t"Ylb I f Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TAMDOT HOMECARE OF HARRISBURG 1011 MARKEr STREET LEMOYNE, PA 17043 RE: 17719 JAMES W. DEPl<"HNBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical and billing file including but DOt limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten DOtes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any eJ<llminlltion, consultation, dillgJ10sis or treattnent pertllinil1g to: Dates Requested: up to and incluc1in2 the present. Subject: lAMES W. DEFFENBAUG"H 446 SHULER ROAD, Ern;.KS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SU10-616190 17719-L10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached tnereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 DEll-62335717719-L11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-329350 17719-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIME RICA FINANCIAL SERVICES ERr , FACIAL PLASTIC SURGERY KliAN liON. M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAMP HILL FIRE CO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHF.n RIDER **** at The MCS Gmuo loc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINnLE ROAD CAMPHII.I. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant sion Date: ()p/L~1Y 0 ~006ol01' >(.. Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAMP HILL FIRE CO. DEPT OF EMS 2198 WALNUT STREET CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS FROM 12/9/99 TO PRESENT. Subject: JAMES W. DEFFENBAUGH 446 SHULER ROAD, ETTERS, PA 17319 Social Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SU10-61646217719-L11 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 ehal~~~ RONTHAL, ESQ. ey for DEFENDANT DEll-623358 17719-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CAS E NO: 2001- 6 579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations 1 TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-C01 LOCATION NAME SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI. D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PRIMERICA FINANCIAL SERVICES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCS Gmun Ine 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 35] 0 TRINnLE ROAD CAMP HIT.L PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant (] ~~y O-'7,ZOr:5rYIL Seal of the Court Date: Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PRIMERICA FINANCIAL SERVICES 110 3RD STREET SUITE 100 NEW CUMBERLAND, PA 17070 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attennll11Ce records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertllinn,g to: Dates Requested: up to and includin2 the present. Subject: lAMES W. DEFFENBAUGll 446 SHULER ROAD, ETI'ERS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SU10-61619417719-L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 /~beh~~ BARRY . KRONTHAL, ESQ. ~- Att rney for DEFENDANT DEll-623359 17719 - L 13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4 -00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-COJ.. >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ENT & FACIAL PI,ASTIC SURGERY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHFO RIDER **** at The MCS GrOlm Iue 1601 Market Street Suite ROO Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMPHILL PA 17011 TELEPflONE: (215)246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: (J p1jY 0 1 2006 ~ ;)..06b - ( Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ENT & FACIAL PLASTIC SURGERY 1857 CENTER STREET CAMP HILL, PA RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all olber providers. Entire medical file, including but not limited to any and all records, corresponitP.Tlce to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all sUch items as may be stored in a computer database or otherwise in electronic form, relating to any cx:nntnlltion, n;"gnnsis or treatment pertlltn;ng to: Dates ReQuested: up to and includin2 00-99--9999. Subject: :tAMES W. DEFFENBAUGH 446 SHULER ROAD, E'ITERS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-l964 SU10-616196 17719 -L13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 beh~ BARRY KRONTHAL, ESQ. Att rney for DEFENDANT DEll-623360 17719-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations 1 TO: KENNETH LEE, ESQ., PLAINTIFF CODNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a suhpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-329350 17719-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIMERICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-CO~ COMMONWEALTH OF PENNSYL Y ANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH File No. 2001-6<;79 vs. BOSCOY'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KW AN WON (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A Tf ACHED RIDER **** at The MCS GrollP Inc 1601 Market Street Suite 800 Philadelphia PA ]9]03 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMPHILL.PA ]7011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAY 0 1 2006 {j. fl2- \ l 7( -:u:ot.... Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KWANWON, M.D. 3810 TRINDLE ROAD CAMP HILL, PA 17011 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but DOt limited to any and all records, correspondence to and from the coosulting and treating physicians, files, memoranda, handwritten DOtes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, dillgJlOsis or treatment pertaining to: Dates Requested: up to and including the present. Subject: lAMES W. DEFFENBAUGH 446 SHULER ROAD, ETI'ERS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SU10-616198 17719 -L14 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 DEll-623361 17719-L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations 1 TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-329350 17719-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOME CARE OF HARRISBURG CAMP HILL FIRE CO. PRIME RICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN liON. M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KRISTEN KERR DC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHFO RIDER **** at The MCS GrollP Inc 1601 Market Street Suite ROO Philadelphia P A 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMP HILL P A 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAY 0 1 2006 t)~\L 'I. ~1'Y)b Seal of the Court Protho Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KRISTEN KERR, D.C. 4940 RIITER ROAD MECHANICSBURG, PA 17055 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examin"rion, rli"gJlO'lis or twI"""",t pert"ining to: Dates Requested: up to and includi02 the present. Subject: lAMES W. DEFFENBAUG"H 446 SHULER ROAD, ETI'ERS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-l964 SU10-616200 17719 -L1S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, includin~ the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 nb~ R KRONTHAL, ESQ. orney for DEFENDANT / DEll-623362 17719-L16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4-00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-329350 17719-C01 LOCATION NAME SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI. D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIME RICA FINANCIAL SERVICES ERr , FACIAL PLASTIC SURGERY KWAN WON, M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-CO:I. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR RICHARD SELDOW (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A IT ACHED RIDER **** at The MCS GrollP Ine 1601 Market Street Suite ROO Philadelnhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 35]0 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: AITORNEY FOR: Defendant Date: MAY 0 1 2006 /Jfn", ( ^II Je>ob Seal of the Court Pro Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. RICHARD SELDOW 431 BRIDGE STREET NEW CUMBERLAND, PA 17(170 RE: 17719 JAMES W. DEFFENBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, corresporvlP.tl("e to and from. the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form., relating to any ex:unin:oriQn, r1i:ogJlO'lis or treatmem pert:oining to: Dates Requested: up to and includin2 the present. Subject: :lAMES W. DEFFENBAUGH 446 SHULER ROAD, ETI'ERS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-l964 SUIO-616202 17719 -L16 CERTIFICATE PURSUANT TO RULE 4009.22 ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, CUMBERLAND -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE As a prerequisite to service of.a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/01/2006 DEll-62336317719-L17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH TERM, -VS- CASE NO: 2001-6579 BOSCOV'S DEPARTMENT STORE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations 1 TO: KENNETH LEE, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/11/2006 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 24200.4 -00021 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-329350 17719-C01 LOCATION NAME SCHEIN ERNST EYE ASSOC MAGNETIC IMAGING CENTER ERCOL ACRI, D.C. KEYSTONE SPINE CENTER ORTHOPAEDIC INSTITUTE OF PA HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL STYNCHULA CHIROPRACTIC CTR. WAL-MART LITIGATION SUPPORT TAMDOT HOMECARE OF HARRISBURG CAMP HILL FIRE CO. PRIME RICA FINANCIAL SERVICES ENT , FACIAL PLASTIC SURGERY KWAN WON. M.D. KRISTEN KERR, D.C. DR. RICHARD SELDOW HERITAGE MEDICAL GROUP >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS , BILLING OTHER EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-329350 17719-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES DEFFENBAUGH & LOUISE DEFFENBAUGH FileNo. 2001-6579 vs. BOSCOV'S DEPARTMENT STORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HER IT AGE MEDICAL GROUP (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The Mes ,.,.nun Inc 1601 Market Street Suite 800 FhiladP.lnhia FA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. Tms SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINnLE ROAD CAMP HIT.I. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant Date: ~ MAY 012006 ;')/2 i l {)~Y)h I Seal of the Court Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERITAGE MEDICAL GROUP 2CJ7 HOUSE AVENUE SUITE 101 CAMP HILL, PA 17011 RE: 17719 JAMES W. DEt't'I:iNBAUGH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any eJ<Mnm"rioo, t1i'lgJlOSis or treatment pert"ining to: Dates ReQuested: up to and including the present. Subject: lAMES W. DEFFENBAUGD 446 SHULER ROAD, ETI'ERS, PA 17319 Soclal Security #: XXX-XX-6703 Date of Birth: 10-15-1964 SUIO-616204 17719 -L17 o " ,. ""CJ N Cl ,.." f.::.-;:J C:::.:.::: cr", D " ::;:! nl~ ",...., I.~~ '-';'f \~, '--]', " C) rn -",- -"... ::.'" -, +c"