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HomeMy WebLinkAbout08-6777JAMES SNOW and PAMELA SNOW, Husband and wife, and AMBROSIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - unq CIVIL TERM LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons regarding the above named Defendants at the following addresses: Larry Dowless c/o Cumberland Heating & Air Conditioning 107 Limekiln Road Carlisle, PA 17013 Cumberland Heating & Air Conditioning 107 Limekiln Road Carlisle, PA 17013 Respectfully Submitted, It 4 Date Attorney for Plaintiffs s-- `?`' ???r ?-- ?? O ;? v ?-? c? ? ?^ ? ? ? ? ?` ;? ? {t ?• .?- ?? ? ? JAMES SNOW and PAMELA SNOW, Husband and wife, and AMBROSIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 111V CIVIL TERM v. LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: Larry Dowless c/o Cumberland Heating & Air Conditioning 107 Limekiln Road Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Dep y a JAMES SNOW and PAMELA SNOW, Husband and wife, and AMBROSIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 11177 CIVIL TERM V. LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: Cumberland Heating & Air Conditioning 107 Limekiln Road Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary //???L/w Date Depu t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES SNOW and PAMELA SNOW husband and wife, and AMBROSIA SNOW, a minor, by James Snow and NO. 08-6777 CIVIL TERM Pamela Snow, Guardians Plaintiffs CIVIL ACTION - LAW vs. LARRY DOWLESS, individually and JURY TRIAL DEMANDED d/b/a CUMBERLAND HEATING & AIR CONDITIONING, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Buzgon Davis Law Offices whose address is 525 South Eighth Street, P.O. Box 49, Lebanon, Pennsylvania 17042-0049, as attorneys for Larry Dowless, d/b/a Cumberland Heating & Air Conditioning, the Defendant, in the above- captioned case. BUZGON DAVIS LAW OFFICES DATE: November 24, 2008 BY: _ SCOT . GRENOBLE, ESQUIRE Attorney I.D. #72808 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 (717) 274-1421 (717) 274-1752 facsimile Email: sgrenobleL&buzgondavis.com Attorney for Defendant .. ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES SNOW and PAMELA SNOW husband and wife, and AMBROSIA SNOW, a minor, by James Snow and NO. 08-6777 CIVIL TERM Pamela Snow, Guardians Plaintiffs vs. CIVIL ACTION - LAW LARRY DOWLESS, individually and JURY TRIAL DEMANDED d/b/a CUMBERLAND HEATING & AIR CONDITIONING, : Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that on November 24, 2008, 1 mailed to the Office of the Prothonotary of Cumberland County, the original PRAECIPE FOR ENTRY OF APPEARANCE and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Lorin Andrew Snyder, Esquire, Turo Law Offices, 28 South Pitt Street, Carlisle, Pennsylvania 17013, Counsel for Plaintiffs. (ji a 1 . CASE NO: 2008-06777 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNOW JAMES ET AL VS DOWLESS LARRY ET AL MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DOWLESS LARRY the DEFENDANT at 0900:00 HOURS, on the 18th day of November-, 2008 at 107 LIMEKILN ROAD CARLISLE, PA 17013 LARRY DOWLESS by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Postage .59 Surcharge 10.00 00 33 . 59 Sworn and Subscibed to before me this day So Answers: ? R. Thomas Kline 11/19/2008 RON TURO By: y Sheriff 440D?_ of , A. D. '- SHERIFF'S RETURN - REGULAR CASE NO: 2008-06777 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNOW JAMES ET AL VS DOWLESS LARRY ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DOWLESS LARRY D/B/A CUMBERLAND HEATING & AIR CONDITIONING the DEFENDANT , at 0900:00 HOURS, on the 18th day of November , 2008 at 107 LIMEKILN ROAD CARLISLE, PA 17013 LARRY DOWLESS by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ll Jua f 08 --- So Answers: 6.00 00 ?y ?yk4?9y A,//r 00 < 10.00 R. Thomas Kline .00 16.00 11/19/2008 /-- RON TURD Sworn and Subscibed to before me this day of , By. (Y), & )-- ?- ? Depute lyeiff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES SNOW and PAMELA SNOW husband and wife, and AMBROSIA : SNOW, a minor, by James Snow and NO. 08-6777 CIVIL TERM Pamela Snow, Guardians : Plaintiffs vs. LARRY DOWLESS, individually and d/b/a CUMBERLAND HEATING & AIR CONDITIONING, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT FO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: AND NOW, this 16'' day of December, 2008, issue a Rule upon the Plaintiffs, James Snow, Pamela Snow and Ambrosia Snow to file their Complaint in the above matter within twenty (20) days of service of said Rule upon them or suffer a judgment of non pros. BUZGON DAVIS LAW OFFICES BY: SCOTT I.. ENOBLE, ESQUIRE Attorney I. . #72808 525 South Eighth Street, P.O. Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Attorney for Defendant RULE AND NOW, this /714 . day of /\Lc0&MhPr 2008, a Rule is issued in accordance with the above Praecipe. Pr onotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES SNOW and PAMELA SNOW husband and wife, and AMBROSIA SNOW, a minor, by James Snow and NO. 08-6777 CIVIL TERM Pamela Snow, Guardians Plaintiffs CIVIL ACTION - LAW VS. LARRY DOWLESS, individually and JURY TRIAL DEMANDED d/b/a CUMBERLAND HEATING & AIR CONDITIONING, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that on December 16, 2008, I mailed to the Office of the Prothonotary of Cumberland County, the original PRAECIPE FOR RULE TO FILE COMPLAINT and that I mailed, by First Class mail, it a postpaid envelope, a true and correct copy to Lorin Andrew Snyder, Esquire, Turo Law Offices, 28 South Pitt Street, Carlisle, Pennsylvania 17013, Counsel for Plaintiffs. Sworn to and subscribed before me this 16'h day of December, A.D., 2008. Notary Public A?i 'NWEALTH SYLYANIA Linda I.O'Nek W kvy public C'?/ Of LebwM LebwM County Member, pen a#,"ia? o2()ll es C?': ?°' '= ?? ..? ?°? •,` ;- F T ?' ?{ c P s" ?; ? ?? .-.. t-..? ..? ?? ? ?- C`t3 -.? ?? 0 JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs NO. 08 - 6777 CIVIL TERM V. LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED 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 of 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 r JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs NO. 08 - 6777 CIVIL TERM V. LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, James Snow, is an adult individual whose mailing address is 14 Heather Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Plaintiff, Pamela Snow, is an adult individual and wife of James Snow, whose mailing address is 14 Heather Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff, Ambrosia Snow, is a minor child of Plaintiffs, James and Pamela Snow, whose mailing address is 14 Heather Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant, Larry Dowless, is an adult individual and agent of Defendant Cumberland Heating and Air Conditioning, whose only known address is 107 Limekiln Road, Carlisle, Cumberland County, Pennsylvania 17015. 5. Defendant, Cumberland Heating and Air Conditioning, is a business with an address of 107 Limekiln Road, Carlisle, Cumberland County, Pennsylvania 17015. 6. On or about February 1, 2008, Plaintiffs were owners and residents of a house known as 14 Heather Drive, in Carlisle Borough, Cumberland County, Pennsylvania. v 7. On or about February 1, 2008, Plaintiffs owned and employed a direct vent, oil-fired, warm air furnace (hereinafter, the "furnace") to heat their home. 8. The furnace was installed by Gary Radabaugh Heating and Air Conditioning in or about November 2000. 9. The installation of the furnace was provided through the Weatherization Program of the South Central Community Action Program, a county-operated assistance program. 10. Defendant began servicing the furnace in or about 2006. 11. On or about February 1, 2008, Plaintiffs received a fuel oil delivery from Shillito Oil, Inc., of approximately 148.9 gallons of fuel oil. 12. Subsequent to the delivery, Plaintiff James Snow attempted to restart the furnace without success. 13. Plaintiffs were unable to restart the furnace and, as a consequence, Plaintiffs contacted Defendant Cumberland Heating and Air Conditioning for professional assistance. 14. Defendant Cumberland Heating and Air Conditioning instructed Plaintiffs to press the restart button on the furnace before they would agree to come the the Plaintiffs' home to examine the furnace. 15. Plaintiff James Snow pressed the restart button the furnace, quickly, one time, but the furnace did not start. 16. Defendant Dowless answered Plaintiffs' service call and arrived at Plaintiffs' home the same day. 17. Plaintiff stood near Defendant as Defendant began to service the furnace. 18. Plaintiff James Snow observed Defendant press the reset button and also remove the front inspection door of the furnace. 19. Defendant Dowless informed Plaintiff James Snow that he had to remove the faceplate "to see inside." 20. Plaintiff James Snow then removed himself from the area of the furnace and left Defendant to service the furnace alone. 21. Plaintiff James Snow heard a loud noise emanate from the area of the furnace and heard Defendant Dowless yell, and promptly returned to investigate. 22. Plaintiff James Snow discovered Defendant with an injured, burned hand, primarily in the area of his right index finger. 23. It is believed, therefore averred, that Defendant pressed the reset button repeatedly, resulting in the accumulation of a dangerous excess of fuel oil. 24. It is believed, therefore averred, that Defendant attempted to light the furnace with the face plate of the furnace removed. 25. Defendant Dowless stated to Plaintiff James Snow, "I should not have started it with the front off." 26. Defendant stated he was leaving to obtain medical treatment for his injury. 27. Plaintiffs observed that the explosion had resulted in the expulsion of a mist of unburned fuel, which saturated the interior of their home and created strong, intolerable fumes inside their home and asked Defendant for advice. 28. Defendant advised Plaintiffs to "just open the windows." 29. Plaintiffs asked Defendant if they should leave their home for their own safety. 30. Defendant stated, "No, you'll be fine," advising Plaintiffs that they need not get out of the house. 31. Plaintiffs were unable to bear the fumes and odor and thus left their home that same day to stay with the parents of Plaintiff Pamela Snow. 32. Plaintiffs returned to their home the following day to discover that their home still possessed a strong, unbearable odor, and that this fuel odor was still emanating from the delivery registers in the furnace. 33. Plaintiffs telephoned Defendant Cumberland Heating and Air Conditioning to request a service technician return to the home to rectify the problem. 34. Plaintiffs were informed that Defendant Dowless was the company's only service technician and he was unable to return to the home because of his injury. 35. Defendant Cumberland Heating and Air Conditioning also informed Plaintiffs that they would not bill Plaintiffs for the February 1, 2008 service call. 36. Plaintiffs contacted Poison Control, who instructed the family to seek medical attention in the emergency room. 37. Plaintiffs were examined at Carlisle Regional Medical Center and received professional medical advice to remain out of their home until the furnace was repaired and the fumes were no longer present. 38. Due to the inexorable presence of airborne fumes and chemicals, Plaintiffs were unable to return to their home until April 29, 2008, temporarily residing instead with Plaintiff Pamela Snow's parents and later in a hotel room. COUNT I - NEGLIGENCE ALL PLAINTIFFS v. DEFENDANTS 39. Paragraphs 1 through 38 are incorporated herein as if fully set forth. 40. Defendants had a duty of care akin to a professional heating and air conditioning service company. 41. Defendants breached that duty by producing an explosion in the furnace. 42. The pipes in Plaintiffs' home froze as of February 10, 2008, due to Plaintiffs' absence from the home and consequent inability to monitor the temperature inside the house. 43. A power outage occurred during the period where Plaintiffs were unable to return to their home, resulting in the deactivation of a deep freezer and the loss of 30 pounds of hamburger, chicken breasts, and cases of steaks. 44. The furnace was removed from the home, and Plaintiffs were forced to purchase a new furnace and oil lines. 45. As a result of the explosion, Plaintiffs home was damaged by the airborne fuel, fumes, smoke and chemicals, requiring the cleaning or replacement of Plaintiffs' furniture, rugs, carpets, curtains, ducts, insulation and walls and the loss of various items of personal property. WHEREFORE, Plaintiffs demand judgment against Defendants for actual damages in an amount in excess of $50,000.00, including but not limited to interest, attorneys' fees and costs, and any other relief this Court deems necessary and appropriate. COUNT II - NEGLIGENCE PLAINTIFF JAMES SNOW v. DEFENDANTS 46. Paragraphs 1 through 45 are incorporated herein as if fully set forth. 47. Defendants had a duty of care akin to a professional heating and air conditioning service company. 48. Defendants breached that duty by producing an explosion in the furnace. 49. The explosion and the aftermath of exposure to fumes, fuel oil and chemical inhalation caused Plaintiff James Snow severe and ongoing physical injury, including but not limited to cough, headache, memory loss, lightheadedness, burning eyes, a metallic taste in the mouth, a burned throat, shortness of breath, a month-long migraine, severe cough, at least two episodes of pneumonia, several cracked ribs due to coughing, chest congestion, severe chest pain, wheezing, difficulty sleeping, inability to lie down due to closure of the throat, anxiety, a lump of scar tissue in the throat, the flu, an exacerbation of a well-controlled acid-reflux condition and asthmatic condition; necessitating medication and treatment variously from the doctor and the hospital emergency room. 50. As a direct and proximate result of Defendant's negligence, Plaintiff James Snow suffered injuries of a personal and pecuniary nature, including but not limited to physical injuries, mental anguish, pain and suffering, and damage to property. WHEREFORE, Plaintiff Pamela Snow demands judgment against Defendants for actual damages in an amount in excess of $50,000.00, including but not limited to interest, attorneys' fees and costs, and any other relief this Court deems necessary and appropriate. COUNT III - NEGLIGENCE PLAINTIFF PAMELA SNOW v. DEFENDANTS 51. Paragraphs 1 through 50 are incorporated herein as if fully set forth. 52. Defendants had a duty of care akin to a professional heating and air conditioning service company. 53. Defendants breached that duty by producing an explosion in the furnace. 54. The explosion and the aftermath of exposure to fumes, fuel oil and chemical inhalation caused Plaintiff Pamela Snow to suffer from cough, headache, memory loss, lightheadedness, burning eyes and a metallic taste in the mouth. 55. Plaintiff Pamela Snow has lost wages from her employment as a cake decorator, due to the need for her periodic presence at Plaintiffs' home for investigation and cleanup, and to drive Plaintiff James Snow to obtain medical treatment. 56. As a direct and proximate result of Defendant's negligence, Plaintiff Pamela Snow suffered injuries of a personal and pecuniary nature, including but not limited to physical injuries, lost wages, mental anguish, pain and suffering, and damage to property. WHEREFORE, Plaintiff Pamela Snow demands judgment against Defendants for actual damages in an amount in excess of $50,000.00, including but not limited to interest, attorneys' fees and costs, and any other relief this Court deems necessary and appropriate. COUNT IV - NEGLIGENCE PLAINTIFF AMBROSIA SNOW v. DEFENDANTS 57. Paragraphs 1 through 56 are incorporated herein as if fully set forth. 58. Defendants had a duty of care akin to a professional heating and air conditioning service company. 59. Defendants breached that duty by producing an explosion in the furnace. 60. The explosion and the aftermath of exposure to fumes, fuel oil and chemical inhalation caused Plaintiff Ambrosia Snow to suffer from cough, headache, memory loss, lightheadedness, burning eyes, a metallic taste in the mouth, and influenza. 61. The explosion and its aftermath caused Plaintiff Ambrosia Snow to further suffer various serious mental and personality changes, including bad dreams, a fear of living in her own house, and uncharacteristic anger, pessimism, fatalism and destructive behavior. 62. As a direct and proximate result of Defendant's negligence, Plaintiff Ambrosia Snow suffered injuries of a personal and pecuniary nature, including but not limited to physical injuries, mental anguish, pain and suffering, and damage to property. WHEREFORE, Plaintiff Ambrosia Snow demands judgment against Defendants for actual damages in an amount in excess of $50,000.00, including but not limited to interest, attorneys' fees and costs, and any other relief this Court deems necessary and appropriate. Q O "7 Q Date T O ES o Andrew Snyder, ID 203199 8 Sout Pitt Str t Carlisle, 13 -9688 Attorney for Plaintiffs JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs NO. 08 - 6777 CIVIL TERM V. LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED VERIFICATION I, James Snow, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 11710 q 4?k6 ye'tJ Date Ames Snow JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs NO. 08 - 6777 CIVIL TERM V. LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED VERIFICATION I, Pamela Snow, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. s ?oa9 ??Wk Sift* Date Pamela Snow JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow : and Pamela Snow, Guardians Plaintiffs NO. 08 - 6777 CIVIL TERM V. LARRY DOWLESS, Individually : CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, Attorney for Plaintiffs, do hereby certify that on the Ninth day of January, 2009, 1 served the foregoing Complaint in the above- captioned matter, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: Scott L. Grenoble, Esq. Buzgon Davis P.O. Box 49 525 South Eighth Street Lebanon, PA 17042 Attomey for Defendants Respectfully ySybm+4ed, TURID LAW OFFIC 01/0-9/0-9 ? &V Date Andrew Sny r, Esq. 28 S uth Pitt Str t Carlisl PA l 13 Attorney for Plaintiffs w cxs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES SNOW and PAMELA SNOW husband and wife, and AMBROSIA SNOW, a minor, by James Snow and Pamela Snow, Guardians Plaintiffs vs. NO. 08-6777 CIVIL TERM CIVIL ACTION - LAW LARRY DOWLESS, individually and JURY TRIAL DEMANDED d/b/a CUMBERLAND HEATING & AIR CONDITIONING, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that on January 20, 2009, I mailed the original and one copy of INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT DIRECTED TO PLAINTIFFS by First Class mail, in a postpaid envelope, a true and correct copy to Lorin Andrew Snyder, Esquire, Turo Law Offices, 28 South Pitt Street, Carlisle, Pennsylvania 17013, Counsel for Plaintiffs. Sworn to and subscribed before me this 20'h day of January, A.D., 2009. Notary Public e rr Ff -TI Y t 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. DOWLESS I No. 086777 TO: LORIN SNYDER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 02/06/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc(s): Copy of subpoena(s) Counsel return card File #: M360784 SNOW Vs. DOWLESS rrPOCIAMUITH OF PENNMVANIA Ca]NPY OF QAuND File No. 086777 SUBPOENA TO PRODUCE DOCUlENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 STATE FARM INS CO, 11 STATE AVE, CARLISLE PA 17013 TO: ATTN: GREG LUNDE (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 onStttg?rr _ at _MEDICAL LEGAL REPRODUCTIONS, INC, 4940 D29STeN ST., PHELA., PA --- (Address) You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together witil the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable 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 swing thin subpoena may seek a court orde;- oa pe i l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom, SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST LEBANON PA 17042 TELEPHONE: 21:8 336 -4212. SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT M360784-01 DATE: 11"In? Seal of the Court BY THE T: Prot y C1 Civil Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR: STATE FARM INS CO ALL FILES RELATED TO POLICY #98-PS40652 OR 38P784752, DATED 1/17/06. TO INCLUDE YOUR ENTIRE AGENCY FILE, INCLUDING THE MASTER FILE FOR ANY AND ALL CLAIMS INVOLVING JAMES AND/OR PAMELA SNOW. PERTAINING TO: NAME: JAMES/PAMELA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or STATE FARM INS CO CUMBERLAND M360784-01 * * * SIGN AND RETURN THIS PAGE SNOW Vs. DOWLESS OF PENNSYLVANIA COUNTY OF Fi Is No. 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 STATE FARM INS CO, 4000 VINE ST, MIDDLETOWN PA 17057 TO: ATTN - JACKIE CUFF (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 o§ing? at MEDICAL LEGAL REPRODUCTIONS( Cess4)940 DI ST., PHILA., -'- 44 You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccmpliance, 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 ordei- oampe l l i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS: __ 595 A 8TH ST 042 TELEPHONE: SUPREME COURT I D# 215 - 3 3 5- ATTORNEY FOR: DEFENDANT M360784-02 ?.? cy 9 DATE:-. Seal o the Cart BY THE T: - 4 -,?- -4 rot y C1 , Civil Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : STATE FARM INS CO ENTIRE CLAIMS LOG, CLAIMS FILE AND PHOTOS, AS WELL AS ANY AND ALL INFORMATION IN THE FILE RELATED TO DATE OF LOSS, 2/1/08 OF JAMES AND PAMLEA SNOW, 38P884617. PERTAINING TO: NAME: JAMES/PAMELA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or STATE FARM INS CO CUMBERLAND M360784-02 * * * SIGN AND RETURN THIS PAGE * * * r 1 rT-t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. NO. 086777 DOWLESS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT L GRENOBLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/27/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 717-274-1421 ATTORNEY FOR DEFENDANT File #: M360784 INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. I DOWLESS No. 086777 TO: LORIN SNYDER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 02/06/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc(s): Copy of subpoena(s) Counsel return card File #: M360784 OF FEDIIRSYLVANIA CO[wy or SUKEEIMAM SNOW Vs. File No. 086777 DOWLESS SUBPOENA TO PRODUCE 0OCI140M OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 STATE FARM INS CO, 11 STATE AVE, CARLISLE PA 17013 TO: ATTN: GREG LUNDE (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 o% ngAq _ ? -- at _ MEDICA LEGAL 4940 DTOSTeN ST., P$ILA., Phi -- (Address) You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of carpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablc- 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 orde;- c=pe 11 ing you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAB, SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST LEBANON PA 17042 TELEPHONE: 5 3 3 F - a2 _2- SUPREME OOURT ID 4 _ ATTORNEY FOR: DEFENDANT M360784-01 DATE : 1,4 13 , d n 7 Seal of the Court BY THE T: Prot y C1 , Civil Division Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA SNOW Vs. DOWLESS No. 086777 CUSTODIAN OF RECORDS FOR : STATE FARM INS CO ALL FILES RELATED TO POLICY #98-PS40652 OR 38P784752, DATED 1/17/06. TO INCLUDE YOUR ENTIRE AGENCY FILE, INCLUDING THE MASTER FILE FOR ANY AND ALL CLAIMS INVOLVING JAMES AND/OR PAMELA SNOW. PERTAINING TO: NAME: JAMES/PAMELA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or STATE FARM INS CO CUMBERLAND M360784-01 * * * SIGN AND RETURN THIS PAGE * * * rrwmrv RRLTH OF PENNSYLVANIA coaR 'Y OF C[A??IB MLAM SNOW ' Vs. DOWLESS File No. 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 STATE FARM INS CO, 4000 VINE ST, MIDDLETOWN PA 17057 TO: ATTN. JACKIE CUFF (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 o§?hi ng? at _ • . MEDICAL LEGAL REPRODUCTIONS, (?I TCess4)940 DISSTON ST . , PKILA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccipliance, to the party making thi: 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 thin subpoena may seek a court -ordei- carrpell ing you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS : i;95 A s mH ST 042 TELEPHONE: SUPREME COURT ID 4 215 - 3 3 5- A77ORNEY FOR: DEFENDANT M360784-02 DATE : LA" t3,2 2 ov 9 Seal o the Court BY THE rot y Cl , Civil Division Deputy (Eff . 719T) ADDENDUM TO SUBPOENA SNOW Vs. DOWLESS No. 086777 CUSTODIAN OF RECORDS FOR : STATE FARM INS CO ENTIRE CLAIMS LOG, CLAIMS FILE AND PHOTOS, AS WELL AS ANY AND ALL INFORMATION IN THE FILE RELATED TO DATE OF LOSS, 2/1/08 OF JAMES AND PAMLEA SNOW, 38P884617. PERTAINING TO: NAME: JAMES/PAMELA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or STATE FARM INS CO CUMBERLAND M360784-02 * * * SIGN AND RETURN THIS PAGE * * * Farm his i?uulc???.;1rr5?tier and 1,oc Matto doct - 1113/01) AM JAMES SNOW and PAMELA SNOW husband and wife, and AMBROSIA SNOW, a minor, by James Snow and Pamela Snow, Guardians, Plaintiffs VS. LARRY DOWLESS, individually and d/b/a CUMBERLAND HEATING & AIR CONDITIONING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6777 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To Plaintiffs: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER AND NEW MATTER AND NOW, comes the Defendant, by his attorneys, Buzgon Davis Law Offices, and files this Answer and New Matter to Plaintiffs' Complaint averring as follows: 1. ANSWER 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Admitted. 5. . Admitted. 6. Admitted upon information and belief. 7. Admitted. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 8, strict proof being demanded at trial. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 9, strict proof being demanded at trial. 10. Admitted in part and denied in part. It is admitted that Defendant responded to a similar call on or around January 14, 2006, and March 23, 2006. It is denied that Defendant provided any ongoing maintenance or service. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 11, strict proof being demanded at trial. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 12, strict proof being demanded at trial. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 13, strict proof being demanded at trial. 14. Denied. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 15, strict proof being demanded at trial. 16. Admitted. -2- i 17. Admitted. 18. Admitted in part. Defendant depressed the button and then observed through the "peep" door. 19. Denied. Defendant opened the "peep" door. 20. Admitted. 21. Denied. It is denied that Plaintiff returned to investigate there was a rumbling sound. 22. Admitted. 23. Denied. To the contrary, the reset button was depressed once. However, Plaintiff had previously depressed the reset button repeatedly and improperly caused an excess amount of oil into the chamber. 24. Denied. 25. Denied. 26. Admitted. By way of further response, the furnace was returned to operation. 27. Denied. It is denied that there was an explosion or that it resulted in fuel disbursing. 28. Admitted. Defendant suggested one way of clearing the odor and further advised to call another vendor. 29. Denied. 30. Denied. 31. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 31, strict proof being demanded at trial. -3- 32. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 32, strict proof being demanded at trial. 33. Admitted. 34. Admitted. 35. Denied. 36. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 36, strict proof being demanded at trial. 37. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 37, strict proof being demanded at trial. 38. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 38, strict proof being demanded at trial. COUNT I - NEGLIGENCE ALL PLAINTIFFS v. DEFENDANTS 39. The answers to paragraphs 1 through 38 are incorporated herein by reference as if textually set forth at length. 40. Denied. The averments of paragraph 40 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. -4- 41. Denied. The averments of paragraph 41 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 42. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 42, strict proof being demanded at trial. 43. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 43, strict proof being demanded at trial. 44. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 44, strict proof being demanded at trial. 45. Denied. The averments of paragraph 45 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. WHEREFORE, Defendant respectfully requests your Honorable Court to dismiss Plaintiffs' Complaint with prejudice. COUNT II - NEGLIGENCE PLAINTIFF JAMES SNOW v. DEFENDANTS 46. The answers to paragraphs 1 through 45 are incorporated herein by reference as if textually set forth at length. 47. Denied. The averments of paragraph 47 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. -5- 48. Denied. The averments of paragraph 48 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 49. Denied. The averments of paragraph 49 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 50. Denied. The averments of paragraph 50 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. WHEREFORE, Defendant respectfully requests your Honorable Court to dismiss Plaintiffs' Complaint with prejudice. COUNT III - NEGLIGENCE PLAINTIFF PAMELA SHOW v. DEFENDANTS 51. The answers to paragraphs 1 through 50 are incorporated herein by reference as if textually set forth at length. 52. Denied. The averments of paragraph 52 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 53. Denied. The averments of paragraph 53 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 54. Denied. The averments of paragraph 54 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. -6- 55. Denied. 56. Denied. The averments of paragraph 40 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. WHEREFORE, Defendant respectfully requests your Honorable Court to dismiss Plaintiffs' Complaint with prejudice. COUNT IV - NEGLIGENCE PLAINTIFF AMBROSIA SHOW v. DEFENDANTS 57. The answers to paragraphs 1 through 56 are incorporated herein by reference as if textually set forth at length. 58. Denied. The averments of paragraph 58 set forth conclusions of law to kNhich no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 59. Denied. The averments of paragraph 59 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 60. Denied. 61. Denied. The averments of paragraph 61 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 62. Denied. The averments of paragraph 62 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. -7- WHEREFORE, Defendant respectfully requests your Honorable Court to dismiss Plaintiffs' Complaint with prejudice. II. NEW MATTER 63. Plaintiffs' claims are barred, in whole or in part, by the doctrine of assumption of risk. 64. Plaintiffs' cause of action is barred, in whole or in part, by the principles of their own contributory and/or comparative negligence by their failure to adequately inspect and maintain the subject furnace. 65. The incident(s) allegedly causing injuries to the Plaintiffs were the direct and proximate result of the negligence or carelessness of Plaintiffs. 66. Plaintiffs' cause of action is barred, in whole or in part, by the doctrine of lathes. 67. Plaintiffs' cause of action is barred and/or limited by the doctrine of equitable estoppel. 68. No act or failure to act on the part of Defendant was the proximate or substantial cause of any injuries, damages or losses allegedly sustained by Plaintiffs. 69. Plaintiffs' claims are limited in whole or in part by the Plaintiffs' failure to mitigate damages and take reasonable steps to address their claimed injuries in a timely manner. 70. Defendant was not negligent, reckless, or careless with respect to any conduct regarding the injuries and damages alleged by Plaintiffs. 71. Any acts or omissions of Defendant alleged to constitute negligence were not substantial causes and did not result in the injuries or losses alleged by Plaintiffs. 72. The injuries and damages allegedly sustained by Plaintiffs were not proximately caused by Defendant. -8- 73. The injuries and damages allegedly sustained by Plaintiffs were not proximately caused by Defendant. 74. The negligent acts or omissions of other individuals or entities may have constituted superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiffs. 75. Upon information and belief, Plaintiffs have received payment for various damages for which they are not entitled to additional and/or duplicative remuneration. WHEREFORE, Defendant respectfully requests your Honorable Court to dismiss Plaintiffs' Complaint with prejudice. BUZGON DAVIS LAW OFFICES BY: Scott L. Grenoble, Esquire Attorney I.D. #72808 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: srenoble@buzgondavis.com Attorneys for Defendant -9- VERIFICATION I, LARRY DOWLESS, individually and d/b/a CUMBERLAND HEATING & AIR CONDITIONING, do hereby verify that I am the Defendant in the foregoing action; that the attached ANSWER AND NEW MATTER is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of me. I have read the Answers and to the extent that the Answers are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answers is that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: LESS, individually and d/b/a CUMBERLAND HEATING & AIR CONDITIONING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES SNOW and PAMELA SNOW husband and wife, and AMBROSIA SNOW, a minor, by James Snow and Pamela Snow, Guardians Plaintiffs vs. LARRY DOWLESS, individually and d/b/a CUMBERLAND HEATING & AIR CONDITIONING, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that on March 16, 2009, I mailed the original and one copy of ANSWER AND NEW MATTER by First Class mail, in a postpaid envelope, a true and correct copy to Lorin Andrew Snyder, Esquire, Turo Law Offices, 28 South Pitt Street, Carlisle, Pennsylvania 17013, Counsel for Plaintiffs. JAN L WORCESTER Sworn to and subscribed before me this 16`x' day SnvA of March, A.D., 2009. c TH PENN NotWW Sal AshNy M. Long, Notary Public City of Lebanon, Lebanon county June 29, 2011 Member, Pennsylvania Association o1 Nob Notary Public NO. 08-6777 CIVIL TERM CIVIL ACTION - LAW wL. `r. { ?i JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians, Plaintiffs NO. 08 - 6777 CIVIL TERM V. LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING, Defendants JURY TRIAL DEMANDED ANSWER TO NEW MATTER 63. Paragraph 63 sets forth a legal argument or legal conclusion to which no response is required. To the extent a response is necessary, paragraph 63 is denied and strict proof is demanded at trial. 64. Paragraph 64 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 64 is denied and strict proof is demanded at trial. 65. Paragraph 65 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 65 is denied and strict proof is demanded at trial. 66. Paragraph 66 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 66 is denied and strict proof is demanded at trial. 67. Paragraph 67 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 67 is denied and strict proof is demanded at trial. 68. Paragraph 68 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 68 is denied and strict proof is demanded at trial. 69. Paragraph 69 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 69 is denied and strict proof is demanded at trial. 70. Paragraph 70 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 70 is denied and strict proof is demanded at trial. 71. Paragraph 71 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 71 is denied and strict proof is demanded at trial. 72. Paragraph 72 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 72 is denied and strict proof is demanded at trial. 73. Paragraph 73 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 73 is denied and strict proof is demanded at trial. 74. Paragraph 74 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 74 is denied and strict proof is demanded at trial. 75. Paragraph 75 contains a legal argument or states a legal conclusion to which no response is required. To the extent a response is necessary, paragraph 75 is denied and strict proof is demanded at trial. WHEREFORE, Plaintiffs demand judgment against Defendants for actual damages in an amount in excess of $50,000.00, including but not limited to interest, attorneys' fees and costs, and any other relief this Court deems necessary and j appropriate. Respectfully Submitted, TURO LAW Date yder, Esq. 01-167,09 *AAAftorn'efor 0 f eet 13 ntiffs JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs V. NO. 08 - 6777 CIVIL TERM LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED VERIFICATION I, James Snow, verify that the statements contained in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date James Snow JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs V. NO. 08 - 6777 CIVIL TERM LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED VERIFICATION I, Pamela Snow, verify that the statements contained in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 1I -4 b oq -e N& S?0- Date Pamela Snow JAMES SNOW and PAMELA SNOW, IN THE COURT OF COMMON PLEAS OF Husband and wife, and AMBROSIA CUMBERLAND COUNTY, PENNSYLVANIA SNOW, a Minor, by James Snow and Pamela Snow, Guardians Plaintiffs V. NO. 08 - 6777 CIVIL TERM LARRY DOWLESS, Individually CIVIL ACTION - LAW and d/b/a CUMBERLAND HEATING & AIR CONDITIONING Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, Attorney for Plaintiffs, do hereby certify that on the day of April, 2009, 1 served the foregoing Answer to New Matter in the above- captioned matter, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: Scott L. Grenoble, Esq. Buzgon Davis P.O. Box 49 525 South Eighth Street Lebanon, PA 17042 Attorney for Defendants Respectfully Submitted, TUROyLAW QF54fiES Lori A rew Snyder, Esq. 28 So h Pitt Street sl PA 17013 (717) 2 -9688 Attorney Plaintiffs 7 1 `LVYIi ,? f f Vtill 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. NO. 086777 LAWLESS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT L GRENOBLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is ettached to the Notice of Intent to Serve the Subpoena(s).' Date 06/23/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 .717-274-1421 ATTORNEY FOR DEFENDANT File #: M364352 INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 -(215) 335-3336 By: Linda Morson t i -IN T,IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. LAWLESS TO: LORIN SNYDER, ESQ (PLAINTIFF) No. 086777 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Y DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 06/02/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT ,INQUIRIES SHOULD BE ADDRESSED TO: =MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc-(s): Copy of subpoena(s) Counsel return card File #: M364352 COMM3NWEMffH OF PENNSYLVANIA COON rY OF C[ KBERLA ND SNOW Vs. File No. LAWLESS 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 STATE FARM INS CO, ONE STATE FARM DR, CONCORDVILLE PA 19339 TO: ATTN: CLAIMS DEPT (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 orS gAT _ADDD ADDENDUM at _ MEDICAL LEGAL ., FA (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccmpliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea.onablr 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 thin subpoena may seek a court orde.- oompelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST LERANn , PA 17042 TELEPHONE: # 2-1-5-335 3212-- COURT ID SUPREME ATTORNEY FOR: DEFENDANT M364352-01 DATE: al of he Court BY THE T: rot y Cl k, Civil Division Deputy (Eff. 7/97) SNOW Vs. LAWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR: STATE FARM INS CO ALL FILES RELATED TO CLAIM #P882364 FOR DATE OF LOSS 2/1/08. PROVIDE THE ENTIRE FIRST INSURANCE COMPANY FILE RELATING TO THE SNOW'S CLAIM. PERTAINING TO: NAME: JAMES/PAIVIELA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for STATE FARM INS CO CUMBERLAND M364352-01 * * * SIGN AND RETURN THIS PAGE * * * CF THE P`?M-40 ,.1,0TA?Y 2049 JUL -2 APB (! : 22 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY f SNOW Vs. - NO. 086777 DOWLESS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT L GRENOBLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 11/18/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 717-274-1421 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson MLR File #: M368754 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. DOWLESS I No. 086777 TO: LORIN SNYDER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 10/28/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc (s) : Copy of subpoena(s) Counsel return card File #: M368754 OF PENRMVANIA CIXA?Tl'Y OF a'ID SNOW Vs. File No. DOWLESS 086777 SUBPOENA TO PRODUCE DOGMENTS OR THINGS FOR DISOOVERY PURSUANT TO _RULE 4009.22 CARLISLE REG MED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17015 TO: ATTN: MEDICAL RECORDS DEPT (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 orsngAT at _ --- MEDICAL LEGAL REPRODUCTIONS (Address) .? . You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onablc- 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 ordei- cmpelling you to carp1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST LESANCN, PA 17042 TELEPHONE: SUPREME OOURT ID ATTORNEY FOR : DEFENDANT M368754-01 DATE : ?C a , a.oy 9 Seal of the Court BY THE COURT : Is I l k. Le2i:l - Prothonotary/Clerk, Civil Division/--." _l Deputy (Eff. 1/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR: CARLISLE REG MED CTR ANY AND ALL RECORDS FROM 2/1/08 TO PRESENT. PERTAINING TO: NAME: PAMELA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 01/21/70 SSAN: XXXXX5751 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M368754-01 * * * SIGN AND RETURN THIS PAGE M,T L 49 R MEDICAL LEGAL REPRODUCTIONS, INC. Main D ce Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legaA*,medleg coon Philadelphia, Pa 19107 OCT 28, 2009 CUMBERLAND CO COURTHOUSE 1 COURTHOUSE SQ CARLISLE PA 17013 ATTN: PROTHONOTARY'S OFFICE RE: COUNTY SUBPOENAS Dear Sir/Madam: Enclosed please find completed "DOCUMENTS AND THINGS" subpoena(s) your signature with an appropriate check in amount of $15.00. Also enclosed for your convenience is a self-addressed- stamped envelope. If you should have any questions, please do not hesitate to contact this office. Thank you for your cooperation. Sincerely, Kristen Antipuna Medical Legal KLA enc. FILED--&1 FI (`F T14,!: F"'` '?`1L?TARY 2009 NOV 23 PM 12= 00 « IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. NO. 086777 DOWLESS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT L GRENOBLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 11/18/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 717-274-1421 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson MLR File #: M368752 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. DOWLESS No. 086777 TO: LORIN SNYDER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 10/28/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc(s): Copy of subpoena(s) Counsel return card File #: M368752 OF PENNSYLVANIA coutay of a> uAm SNOW Vs. File No. 086777 DOWLESS SUBPOENA TO PRODUCE DOCUMENTS OR THIHM FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17015 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document-, nL tTI-TiG1II7? r!_?_CHED ArjrJND1 ?iJi% ?J:?a-v27i - at MEDICAL 0 DES T-.-, ;PB'rI.A , RA (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccmpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablE- 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 thin subpoena may seek a court orde:- o mpe11ing you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. SCOTT L GRENOBLE, ESQ ADDRESS. 525 S 8TH ST LEBANON PA 17042 TELEPHONE : 3 3 5 3212r- SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT M368752-01 DATE : -- ",44,x, 2 - J- 00 9 Seal of the Court BY THE COURT: s W LU4 - Prothonotary/C1 k, Civil Division/,, Deputy (Eff. 7/97) • SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : CARLISLE REG MED CTR ANY AND ALL RECORDS FROM 2/1/08 TO PRESENT. PERTAINING TO: NAME: AMBROSIA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 01/29/00 SSAN: XXXXX6448 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M368752-01 * * * SIGN AND RETURN THIS PAGE * * * SNOW Vs. DOWLESS Oo**qvaqMLTR OF PENNSYLVANIA CoOII n OF a?1B auAND Fi le No. 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DIS001/ERY PURSUANT TO RULE 4009.22 CARLISLE PEDIATRIC ASSOCS, 804 BELVEDERE ST, CARLISLE PA 17015 TO: (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 o% n AX AGIED ADDE at _ MEDICAL LEGAL 4940 MSS.LON • • PHIL*., PA ---. (Address) You may deliver or mail legible copies of the documents or produce things requested ti? 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 thin subpoena may seek a court ordei- om pe11ing you to carp1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom, SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST T MR,ANON , PA 17042 TELEPHONE: _ 5 3212- SUPREME COURT ID ATTORNEY FOR: DEFENDANT M368752-02 DATE: 7L&t?,,. 2, .20y`/ Seal of the Court BY THE COURT: 1c 1 6, 7L-; ?? L= Prothonotary/ ark, Civil Division' 4, ? )U?- - Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : CARLISLE PEDIATRIC ASSOCS ANY AND ALL RECORDS FROM 2/1/08 TO PRESENT. PERTAINING TO: NAME: AMBROSIA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 01/29/00 SSAN: XXXXX6448 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE PEDIATRIC ASSOCS CUMBERLAND M368752-02 * * * SIGN AND RETURN THIS PAGE * * * OF THE PROTHONOTARY 2009 NOV 23 PM !2:00 JN- Ei 4NISYLVPh,I"'•, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. NO. 086777 DOWLESS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT L GRENOBLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 11/18/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 717-274-1421 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson MLR File #: M368753 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. DOWLESS No. 086777 TO: LORIN SNYDER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 10/28/09 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc (s) : Copy of subpoena(s) Counsel return card File #: M368753 C11440NIWEALTH OF 1?F1d?1SYLVANIA CO[] M OF CUMBEKAND SNOW Vs. File No. 086777 DOWLESS SUBPOENA TO PROOl1CE DOCUMENTS OR TH I NOS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17015 TO: ATTN: MEDICAL RECORDS DEPT (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 orMinfin di1T1TN1<liA4 _ at _ 4940 DISSWOR ST., PHILA., Per--- -- MEDICAL LEGAL REMMUCTION5 ,(Address) (Address) You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of ccrm1ia ce, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onablc- 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 thin subpoena may seek a court orde>- om pe 11 i ng you to ccnp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST LEBANON, yA 7042 TELEPHONE: 2 -335 3212- SUPREME COURT ID # ATTORNEY FOR: DEFENDANT M368753-01 DATE : -YI k L ,.,PL , ? o?ed q Seal of the Court BY THE COURT: s il ?rs:tl - Prothonotary/C1 k, Civil Division r-- L Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOW Vs. DOWLESS No. 086777 CUSTODIAN OF RECORDS FOR : CARLISLE REG MED CTR ANY AND ALL RECORDS FROM 2/1/08 TO PRESENT. PERTAINING TO: NAME: JAMES SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 09/19/62 SSAN: XXXXX9008 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M368753-01 * * * SIGN AND RETURN THIS PAGE * * * • .. SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : SADLER HEALTH CENTER ANY AND ALL RECORDS FOR THE PAST FIVE YEARS. PERTAINING TO: NAME: JAMES SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 09/19/62 SSAN: XXXXX9008 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( } RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SADLER HEALTH CENTER CUMBERLAND M368753-02 * * * SIGN AND RETURN THIS PAGE * * * OF THE P '!,T `NOTARY 2009 NOV 23 PM 12: 00 Livii 6i -. . ' r:r v'')fyTY PD$VSYLVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES SNOW and PAMELA SNOW husband and wife, and AMBROSIA SNOW, a minor, by James Snow and Pamela Snow, Guardians Plaintiffs NO. 08-6777 CIVIL TERM CIVIL ACTION - LAW vs. I ARRY DOWLESS, individually and d/b/a CUMBERLAND HEATING & AIR CONDITIONING, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) o o r I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that on February 1, 2010, I mailed the original and one copy of INTERROGATORIES - SET TWO and REQUEST FOR PRODUCTION OF DOCUMENTS - SET TWO OF DEFENDANT DIRECTED TO PLAINTIFFS by First Class mail, in a postpaid envelope, a true and correct copy to Lorin Andrew Snyder, Esquire, Turo Law Offices, 28 South Pitt Street, Carlisle, Pennsylvania 17013, Counsel for Plaintiffs. JANELM K: Sworn to and subscribed before me this 1St day of February, A.D., 2010. L Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Semi Linda I. aNe[f; Notary Public City Of Lebanon, Lebanon County My Commiasion E4-tines July 3, 2011 Member, Pennsylvania Assoelatlon of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 1k, % SNOW Vs. - NO. 086777 z DOWLESS CERTIFICATE 't3 =*= L-i] 't PREREQUISITE TO SERVICE OF A SUBPOENA v, PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT L GRENOBLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/15/10 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 717-274-1421 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson MLR File #: M371322 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 0 -6 SNOW Vs. DOWLESS I No. 086777 TO: LORIN SNYDER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 01/25/10 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc(s): Copy of subpoena(s) Counsel return card File #: M371322 COMMONWEALTH OF PENNSYLVANIA SNOW Vs. DOWLESS C JNrY OF -COMBEPJAND Fi le No. 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17015 TO: ATTN: MEDICAL RECORDS DEPT (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 O S ngATT*eBEED ADDENDUM at MEDICAL LEGAL R •, •. -'--' (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi 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 thin subpoena may seek a court ordei- ompe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L.GRENOBLE, ESQ ADDRESS: 525 S 8TH ST T.FRANON, PA 17042 TELEPHONE: 215 „SUPREME COURT ID # __- 312 - ATTORNEY FOR: _ DEFENDANT M371322-G1. DATE : o Seal of th Court BY THE 000RT- 7/-?) e? - Prothonotary/Clerk, Ci it Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR: CARLISLE REG MED CTR SPECIFICALLY LIMITED TO RECORDS FROM 1998 TO 2008. PERTAINING TO: NAME: PAMELA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 01/21/70 SSAN: XXXXX5751 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M371322-01 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PIINWMVANIA r SNOW Vs. DOWLESS COUNTY OF CUMBERLAND Fi Is No. 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: SADLER CLINIC, 100 N HANOVER ST, CARLISLE PA 17015 (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 OS in %TTAG1WD ADDENDUM at MEDICAL LEGAL .. IMILA., -- --- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of canpliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea.onablc- 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 thin subpoena may seek a court ordei- a rpe11ing You to carte 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST 7042 TELEPHONE: 2t5-535 21z'L- SUPREME COURT ID # ATTORNEY FOR: M371322-0 DEFENDANT DATE Seal of th Court BY THE OOUR?. Jt ;,4? _ Prot tary/Clerk, Civil Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : SADLER CLINIC ANY AND ALL RECORDS FROM 1998 TO PRESENT. PERTAINING TO: NAME: PAMELA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 01/21/70 SSAN: XXXXX5751 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SADLER CLINIC CUMBERLAND M371322-02 * * * SIGN AND RETURN THIS PAGE * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C N ? SNOW . , - ? rl i Vs == ' ; . NO. 086777 r= ' CC) r - 1171 DOWLESS CERTIFICATE - , ; `rn , PREREQUISITE TO SERVICE OF A SUBPOENA Z n PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT L GRENOBLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/15/10 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 717-274-1421 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson MLR File #: M371323 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. DOWLESS I No. 086777 TO: LORIN SNYDER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 01/25/10 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc(s): Copy of subpoena(s) Counsel return card File #: M371323 COMMONWEALTH OF PENNSYLVANIA OOUNrY OF CC1IN BERLAND SNOW Vs. File No. DOWLESS 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: SADLER CLINIC, 100 N HANOVER ST, CARLISLE PA 17015 (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 orSWnIATTAIGHED ADDENDUM at MEDICAL LEGAL .. PHILA., PA (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thin request at the address listed above. You have the right to seek in advance the rea.onablc- 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 thin subpoena may seek a court orde;- ompe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom, SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST TERANON, PA 17042 TELEPHONE. , SUPREME COURT ID # ATTORNEY FOR: M371323-01 DEFENDANT DATE: Seal of the Court BY THE 7T: ro tary/Clerk, Civil Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : SADLER CLINIC ANY AND ALL RECORDS FROM 1993 TO 2004. PERTAINING TO: NAME: JAMES SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 09/19/62 SSAN: XXXXX9008 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SADLER CLINIC CUMBERLAND M371323-01 * * * SIGN AND RETURN THIS PAGE * * * CYVAMDNFF7LTH OF PE NSYLVANIA COUNTY OF CLR4BERLAM SNOW Vs. File No. 086777 DOWLESS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17015 TO: ATTN: MEDICAL RECORDS DEPT (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 orS ingAT?? E-NDT4M 1\L V111 at MEDICAL LEGAL REPRODUCTIOMS Inc, 4940 VISSTON •. PHTLA., Per-- - (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi-c request at the address listed above. You have the right to seek in advance the reasonablc 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 ordei- cxmpe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST I-ERAMON., PA 7042 TELEPHONE: SUPREME OOURT ID # ATTORNEY FOR: M371323-02 DEFENDANT DATE: ?iL -'2'-2nj6 Seal of thh Court BY THE OOURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : CARLISLE REG MED CTR SPECIFICALLY LIMITED TO RECORDS FROM 1993 TO 2008. PERTAINING TO: NAME: JAMES SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 09/19/62 SSAN: XXXXX9008 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M371323-02 * * * SIGN AND RETURN THIS PAGE COP24ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SNOW Vs. File No. DOWLESS 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 STEVENS CENTER, 33 STATE AVE, CARLISLE PA 17013 TO: (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 orS ngAT En nnE M at _ MEDICAL LE • . . ,-- --- (Address) You may deliver or mil legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccmpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablc- 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 thin subpoena may seek a court order carpe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST T,F ANON PA 17042 TELEPHONE : -77 7 sa SUPREME COURT ID # ATTORNEY FOR: DEFENDANT M371323-03 DATE:_ Seal of the court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOW Vs. No. 086777 DOWLESS CUSTODIAN OF RECORDS FOR: STEVENS CENTER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JAMES SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 09/19/62 SSAN: XXXXX9008 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or STEVENS CENTER CUMBERLAND M371323-03 * * * SIGN AND RETURN THIS PAGE OF PENNSYLVANIA COUNPY OF CInff3ERIAM SNOW Vs. Fi le No. DOWLESS 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: MEDICAL RECORDS DEPT (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 orS ng rr n? at MEDICAL •. PA - (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrMliance, to the party making thi request at the address listed above. You have the right to seek in advance the reasonabl,- 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 thin subpoena may seek a court orde:- oompe l l i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom, SCOTT L GRENOBLE, ESQ ADDRESS: 525 S 8TH ST LEBANON PA 17042 TELEPHONE : 321-2-- SUPREME COURT ID ATTORNEY FOR: M371323-04 DEFENDANT DATE:- seal of the .crt BY THE COURT: "'?N) I W - Prot y/C k, Civil Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: JAMES SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 09/19/62 SSAN: XXXXX9008 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP CUMBERLAND M371323-04 * * * SIGN AND RETURN THIS PAGE rYVA r*JdEALTH OF PEZa4SYLVANIA COUNTY OF CUMEEPJAM SNOW Vs. File No. 086777 DOWLESS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 SOCIAL SECURITY ADMIN, 200 S SPRING GARDEN ST, CARLISLE PA 17013 TO: ATTN: CUSTODIAN OF RECORDS (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 orsng?rTACIEEADDENDUM _ Er, at MEDICAL LEGAL REPRUDUCTIONb, INC, 4940 • . PHiLk., Ph --- (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of cortpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablc- 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 thin subpoena may seek a court orde;- cxmpelling you to cmp1y with it. THIS SUBPOENA WAS ISSUED AT THE RECAJEST OF THE FOLLOWING PERSON: SCOTT L GRENOBLE, ESQ NAME: ADDRESS: 525 S 8TH ST r,EBANON PA 17042 TELEPHONE: 32 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT M371323-05 DATE : Seal of the u t BY THE LOUR , . Prot tary/Clerk, Civil Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR : SOCIAL SECURITY ADMIN MEDICAL DISABILITY FILE; SSAN: 192569008 PERTAINING TO: NAME: JAMES SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 09/19/62 SSAN: XXXXX9008 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SOCIAL SECURITY ADMIN CUMBERLAND M371323-05 * * * SIGN AND RETURN THIS PAGE I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. ? NO. 086777 r~ "-?_- DOWLESS - `-- a 73 CERTIFICATE ij'i !:_ c Co _P Cw) = PREREQUISITE TO SERVICE OF A SUBPOENA y >rn PURSUANT TO RULE 4009.22 c As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT L GRENOBLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/15/10 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 717-274-1421 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson MLR File #: M371324 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SNOW Vs. DOWLESS I No. 086777 TO: LORIN SNYDER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 01/25/10 SCOTT L GRENOBLE, ESQUIRE 525 S 8TH ST PO BOX 49 LEBANON, PA 17042 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc(s): Copy of subpoena(s) Counsel return card File #: M371324 OF PENNSYLVANIA QOUNrY OF QUMBERLA D SNOW Vs. Fi la No. DOWLESS 086777 SUBPOENA TO PRODUCE DOCU ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17015 TO: ATTN: MEDICAL RECORDS DEPT (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 orS n9AT -M-NUA-4-1 at MEDIC ST., Fff;LA., VA - --- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi, request at the address listed above. You have the right to seek in advance the rea.onablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or (20) days after its service, the party compelling you to ou, ly with it. things required by this subpoena within twenty serving thin subpoena may seek a court ordei- THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SCOTT L GRENOBLE, ESQ ADDRESS : 525 S 8TH ST T, BANON PA 17042 TELEPHONE : -15 3 3 5 ., SUPREME COURT ID ATTORNEY FOR: I',EFENDANT M371324-01 DATE : y 16 Seal of a Court BY THE T: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) SNOW Vs. DOWLESS ADDENDUM TO SUBPOENA No. 086777 CUSTODIAN OF RECORDS FOR: CARLISLE REG MED CTR SPECIFICALLY-LIMITED TO RECORDS FROM 2000 TO 2008. PERTAINING TO: NAME: AMBROSIA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 01/29/00 SSAN: XXXXX6448 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG MED CTR CUMBERLAND M371324-01 * * * SIGN AND RETURN THIS PAGE CCK43NWFALTH OF PENNSYLVANIA COUNTY OF QP IAIiID SNOW ' Vs. 086777 Fi le No. DOWLESS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUILE 4W9.22, CRESTVIEW ELEMENTARY SCH, 240 LONGS GAP RD, SLE PA 17013 ATTN: REGISTRAR'S OFFICE TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena ?rou dared by the court to produce the following documents orSnATTACHED ADD1'.NDUM _ at a=CAL T,MAL REPRODUCTIONS, INC, 4940 DISSTON ST., PHILA., P (Address) You may deliver or mail legible copies of the documents or produce things requesterl b? this subpoena, together with the certificate of carpliance, to the party making thi; request at the address listed above. You have the right to seek in_advance the rea.onablc- 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 thin subpoena may seek a court orde, cmpe 11 i ng you to cam l y with it. THIS SUBPOENA . WAS I SSUEDS4b7TkIELR BOFE THHSIMLLCW I NG. PERSON : NAME: 025 8 -ST ADDRESS: LEBINON, 7042 TELEPHONE: 215-?35-3212 SUPREME COURT ID # ATTORNEY FOR: 7?TT M371324-02 r DATE : Seal of the Court BY THE IPLkRT P honotary/C1 k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOW Vs. DOWLESS No. 086777 CUSTODIAN OF RECORDS FOR: CRESTVIEW ELEMENTARY SCH ANY AND ALL SCHOLASTIC RECORDS, REPORTS, GRADES, ATTENDANCE, AND ANY OTHER INFORMATION PERTAINING TO: NAME: AMBROSIA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 01/29/00 SSAN: XXXXX6448 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CRESTVIEW ELEMENTARY SCH CUMBERLAND M371324-02 * * * SIGN AND RETURN THIS PAGE rrmmrwwEALTR OF PENNSYLVANIA COONrY OF CIA ID SNOW Vs. Fi Is No. DOWLESS 086777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 40 CARLISLE PEDIATRIC ASSOCS, 804 BELVEDERE ISLE PA 17013 TO: (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 orSn94?TACHED ADI??+NDUM . at _NgnICAT. LEGAL REPRODUCTIONS, INC, 4940 DISSTON ST., PHILA., (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrrpIiance, to the party making thin 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 (20) days after its service, the party carpe l l i ng you to oa, l y with it. things required by this subpoena within twenty serving thin subpoena may seek a court ordei- TH I S SUBPOENA WAS I SSUEDstbI ELPBPJWBME THF,,9 LLOW I NO. PERSON : NAME : ADDRESS: LEBANON, 7042 TELEPHONE: 215-335-3212 SUPREME COURT ID # ATTORNEY FOR: BHFENP -N-,I- M371324-03 DATE: Sea 1 of therCourt BY THE OC: J Prothonotary/Clerk, ivil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SNOW Vs. DOWLESS No. 086777 CUSTODIAN OF RECORDS FOR: CARLISLE PEDIATRIC ASSOCS ANY AND ALL RECORDS FROM 1/29/00 TO FEBRUARY 2008. PERTAINING TO: NAME: AMBROSIA SNOW ADDRESS: 14 HEATHER DR CARLISLE PA DATE OF BIRTH: 01/29/00 SSAN: XXXXX6448 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE PEDIATRIC ASSOCS CUMBERLAND M371324-03 * * * SIGN AND RETURN THIS PAGE * * * OF cu M� (David D. Buell' ; P Renee X Simpson Prothonotary a :, : , z 1St Deputy (Prothonotary \!„2 O a .r So( Irene E. Morrow �irkS. onage, �,SQ Solicitor /750 2nd Deputy (Prothonotary Office of the Prothonotary Cum6erCanctCounty, Pennsylvania 00 -4,717 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717 240-6195 • Ea., .(717 240-6573