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HomeMy WebLinkAbout04-1889 DOUGLAS LAW OFFICE rT W. mGH ST. POBUl CARLISLE P A 17013 TELEPHONE 717.243-17!1O WILLIAM p, OOUGLAS, ESQ, Supreme Court J.D,/37926 Bruce Killinger In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04 - I ff'c; Civil Term Dillon Companies, Inc., t/ a/ d/b/ a Turkey Hill Minit Markets; and Turkey Hill L.P. Civil action law Jury Trial Demanded Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACfION WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND RUNG IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS 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 MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY WSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFRCE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S, Bedford Street Carlisle PA 17013 717-249-3166 BY ":'.1./. ' \". ~ DATE: April 27, 2004 COMPLAINT 1. The plaintiff, Bruce Killinger, is an adult individual residing at 47 Country View Estates, Newville, Cumberland County, Pennsylvania. 2. The defendant, Dillon Companies, Inc. is a Kansas Corporation, with a registered agent address care of: CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania 19103. 3. The defendant Dillon Companies, Inc., trades and does business as Turkey Hill Minit Market, with a business address at 257 Centerville Road, Lancaster, Lancaster County, Pennsylvania. 4. The defendant, Turkey Hill LP, is a business entity with a business located at 257 Centerville Road, Lancaster, Lancaster County, Pennsylvania. 5. At all time relevant hereto the defendants were operating a Turkey Hill Minit Market convenience store located at 1099 Harrisburg Pike, North Middleton Township, Cumberland County, Pennsylvania. The aforesaid property was under the care, custody and control of the defendants. 6. On or about December 10, 2002, the plaintiff Bruce Killinger went to the premises of the defendant for the purposes of purchasing fuel for his vehicle and as such was a business invitee. 7. After alighting from his vehicle, the plaintiff proceeded to start fueling his car when the plaintiff slipped and fell on an accumulation of ice on the premises and was injured. 8. Due to the negligence of the defendants, the plaintiff Bruce Killinger, slipped on an area on which ice was permitted to accumulate. 9. The defendants were negligent in the following respects; a) in failing to maintain the premises for the intended use. b) in failing to remove and/treat ice from the premises which they knew or should have known was present. c) in failing to warn the plaintiff Bruce Killinger, of the perilous condition of the area. d) in failing to inspect the area to ascertain that its condition was safe for public use. 10. As a direct and proximate result of the negligence of the defendants the plaintiff, Bruce Killinger, was injured. 11. His injuries and / or aggravation of unknown pre-existing conditions include but are not limited to the following: a) fractured patella b) shoulder injury 12. As a result of his injuries the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future. 13. As a result of his injuries the plaintiff has incurred pain and suffering and will continue to incur the same in the future. 14. As a result of his injuries the plaintiff has incurred aggravation and inconvenience, and a loss of life's pleasures, and wiIl continue to incur the same in the future. 15. As a result of the injuries the plaintiff sustained on December 10, 2002, he was unable to return to his previous employment. As a result of said inability to work he has suffered a loss of past wages and future wages. Further, as a direct and proximate result of his injuries the plaintiffs economic horizons may be limited. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff Bruce Killinger, and against the defendants in an amount in excess of that requiring compulsory referral to arbitration. April 27, 2004 AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND JOR INFORMATION AND BELIEF. TIllS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.S 4904 RELATING TO UNSWORN FALSIFICATION TO A~~S. ~C Bruce Killinger /"; v~~ ~ _() 0 ....... ..... ~~p:i c,$ ~ ~ ,-" ~ ~~n ~; i5~ ("1"--. \ = ~:g \J ~ ~2o ~ orn W _I ~:~ ~ ~ =< (J"> c; C' ~._- , NO. 04-1889 Civil Tenn HARTMAN UNDERHILL & BRUBAKER LLP By: Mark E. Lovett Attorney J.D. No. 41071 221 East Chestnut Street Lancaster, P A 17602 (717) 299-7254/(717) 299-3160 Attorneys for Defendant BRUCE KILLINGER, Plaintiff v. DILLON COMPANIES, d/b/a TVRKBy HILL MINIT MARKETS and TVRKBy HILL, L.P., Defendants : IN THE COURT OF COMMON PLEAs OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 04-1889 CIVIL TERM : CIVIL ACTION - LAW JURy TRIAL DEMANDED PRAECIPE FOR ENTRY OF APJI'EARANCE TO THE PROTHONOTARY: P,,,,, ""'" my '""",,"oe "" boh~f of tho 'bo,",,,,,,,,, Deko"",. .. tho above-captioned matter. Date: 7 ~C>V\ 00349418.1 HARTMAN UND\RHILL & BRUBAKER LLP By ~ Mark E. Love Attorney J.D. #41071 Attorneys for Defendants NO. 04-1889 Civil Tenn I HEREBY CERTIFY that I have served the foregoing document upon the persons CERTIFICATE OF SERVICE and in the manner indicated below: Service by :fIrst-class mail, addressed as follows: William R. Douglas, Esquire Douglas Law Office 27 West High Street P. O. Box 261 Carlisle, PA 17013-0261 UBAKER LLP Mark E. Lovett Attorney J.D. No. 41071 Attorneys for Defendants Dated: t \JV-....(J 2..0 co '-\ 00349418.1 o c :::: ~ ':# ::;: "" .....: '. f ,.-- 3- o ~ ~-n rn~ -08 Bb .~..,.. - -fl '.-0 'Zl..l q -\--".. ~ -,? ~,.. is? w ct' Commonwealth of Pennsylvania County of CumberIcmd DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS. ESQ. Supreme Court 1.0.# 3'1926 Bruce Killinger In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania VS No. 04 --1889 Civil Term Dillon Companies, Inc., t/ a/ d/b/ a Turkey Hill Minit Markets; and Turkey Hill L.P. Civil action law Jury Trial Demanded Defendont Acceptance of Service Service of the complaint is hereby accepted and receipt of a copy of the complaint is hereby acknowledged. M Hartman, Under' Brubaker LLP Attorney for Defendants Date of receipt: n ~),...o-", *- 0 ....., c = 0 = z ...- -n ;:: -1 -. :c -.;;; en'::], r -om <D :nCJ r-) ! =~ ::::jC) ?'i:TI -,'~ "..0 . Onl -;::- '-:? "'.- ~I :2 c.n ~~ en NO. 04-1889 Civil Term ORIGINAL HARTMAN UNDERHILL & BRUBAKER LLP By: Mark E. Lovett Attorney J.D. No. 41071 221 East Chestnut Street Lancaster, P A 17602 (717) 299-7254/(7l7) 299-3160 Attomeys for Defendant BRUCE KILLINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1889 CIVIL TERM DILLON COMPANIES, d/b/a TURKEY HILL MINIT MARKETS and TURKEY HILL, L.P., Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Bruce Killinger c/o William P. Douglas, Esquire Douglas Law Office 27 West High Street P. O. Box 261 Carlisle, PA 17013-0261 You are hereby notified to file a written response to the enclosed Defendants' Answer With New Matter within twenty (20) days from service hereof or a judgment may be entered against you. B~TMANUNDmffi~ = Mark E. Lovett, Esqu Attorney J.D. No. 41071 Attorneys for Defendants 00349437.1 NO. 04-1889 Civil Term HARTMAN UNDERHILL & BRUBAKER LLP By: Mark E. Lovett Attorney J.D. No. 41071 221 East Chestnut Street Lancaster, P A 17602 (717) 299-7254/(717) 299-3160 Attorneys for Defendant BRUCE KILLINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-l889 CNIL TERM DILLON COMPANIES, d/b/a TURKEY HILL MINIT MARKETS and TURKEY HILL, L.P., Defendants : CNIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO COMPLAINT I. Admitted on information and belief. 2. Admitted. 3. Denied. 4. Admitted. Turkey Hill, L.P., does business ~IS Turkey Hill Minit Market. 5. Denied. At all times relevant to this case, Defendant, Turkey Hill, L.P., was operating a Turkey Hill Minit Market at the alleged address. 6-7. Denied pursuant to Pa. R.C.P. 1029(e). 8-10. Denied as a conclusion oflaw. 11. Denied. After reasonable investigation, the Defendants are without 00349437.1 NO. 04-1889 Civil Term infonnation or knowledge sufficient to form a belief as to the truth of the averment. 12-15. The allegations of causation are denied as conclusions oflaw. The remainder of the allegations are denied because after reasonable investigation, the Defendants are without infonnation or knowledge sufficient to form a belief as to their truth. WHEREFORE, the Defendants request that judgment be entered in their favor and against the Plaintiff. NEW MATTER 16. The Plaintiff was contributorily negligent. 17. The Plaintiff assumed the risk of his injuries. 18. The Plaintiff suffered from preexisting conditions. 19. The Plaintiff's injuries may have been the result of causes other than his alleged fall at Turkey Hill. 20. If a dangerous condition existed, which specifically is denied, the Defendants were not on notice of such a condition. 21. At the time of the fall, it is believed and therefore averred that the Plaintiff may have been laid-off from his place of employment. 22. The Plaintiff may have failed to mitigate his damages. 00349437.1 2 NO. 04-1889 Civil Term WHEREFORE, the Defendants request that the Plaintiff's Complaint be dismissed. Date: ~ S~ ~i 00349437.1 HARTMAN UNDERHILL & BRUBAKER LLP By: Mark ovett Attorney J.D. #41071 Attorneys for Defendants 3 JUN 03 2004 13:30 FR TURKEY HILL MINIT MKT717 299 0519 TO 2993160 P.03/05 NO. 04-1889 Civil Term VERIFICATION P. /;' :a. ~D+ I(es;o~"~es I hereby verifY that I am Director of Human RelMiens of Turkey Hill Minit Markets, Inc.; that as such I lUll authorized to make this verification; and that the information set forth in the foregoing Answer and New Mlltter to Plaintiff's Complaint is true and correct to the best of my knowledge, information :md belief. I understand that any false stateIDents cODtained herein are subject to the pexlalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~, ;;Z~ Rose Feeman Dated: t--~-oL/- 00349431.1 6 NO. 04-1889 Civil Term CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served the foregoing document upon the persons and in the manner indicated below: Service by fIrst-class mail, addressed as follows: William R. Douglas, Esquire Douglas Law OffIce 27 West High Street P. O. Box 261 Carlisle, PA 17013-0261 By: Mark E. Lovett Attorney J.D. No. 41071 Attorneys for Defendants Dated: 3 -S \.A,.-......c.,. ~-i. 00349437.1 Q ..J 0 = c_::~ ." -,-- '- 'cj F~~ ~_r. -n fl'l i'= ...:- rn - C? ~) :0 ,. ....'... (':' ;'1 (~C " -.; , -, -1'- Commonwealth of Pennsylvania County of Cumberland CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 BRUCE KILLINGER, Plaintiff vs. No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINlT MARKETS and TURKEY HILL, L.P., Defendants As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certifies that: (1) notices of intent to serve subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy ofthe notices of intent, including the proposed subpoenas, are attached to this certificate; (3) no objection to the subpoenas have been received; and (4) the subpoenas which will be served are identical to the subpoenas which are attached '" tho .ot;.. or intmt '" .= th",bp'_. ~ Dmo\'-~c\.-=d5 ~ Mark E. Lovett ~ Attorney l.D. #41071 Attorneys for Turkey Hill Minit Market 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00392237.1 '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE KILLINGER, Plaintiff vs. : No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINlT MARKETS and TURKEY HILL, LP., Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: BRUCE KILLINGER c/o WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFF1CE 27 WEST HIGH STREET P.O. BOX 261 CARLlSLE, PA 17031 Defendants, Dillon Companies, d/b/a Turkey Hill Minit Markets and Turkey Hill, LP., intend to serve a subpoena on Appalachian Orthopedic Center, Ltd. identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: \ (,.. F<:...!I> l...O u S S:SlMAN UN!)FRlI1RlffiAKER lLP BY.~ ~ Mark E. Lovett AttorneyID. #41071 Attorneys for Turkey Hill Minit Market 221 East Chestnut Street Lancaster, PAl 7602 (717) 299-7254 00384610.\ " Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THlNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRUCE KILLINGER, Plaintiff v. No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINIT MARKETS and TURKEY HILL, L.P., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Appalachian Orthopedic Center 1 Dunwoody Drive Carlisle, PA 17013 Within twenty (20) days after service of this snbpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records and invoices referrin~ or relating to Bruce Killinger. Date of birth: 09/15/1945 SS#: 211-34-7 62 At: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster. PA 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Mark E. Lovett Attorney's Name 41071 IdenWlcatton Number 221 East Chestnut Street Address Lancaster, PA. 17602 ~717~ 299-7254 elep one Number Attorney for Defendants BY THE COURT Date: BY (Prothonotary) Seal of the Court 00392182.1 '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE KILLINGER, Plaintiff vs. : No. 04-1889 DILLON COMPANIES, dlbfa TURKEY HILL MlNlT MARKETS and TURKEY HILL, LP., Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: BRUCE KILLINGER c/o WILLIAM P DOUGLAS, ESQUIRE DOUGLAS LAW OFF1CE 27 WEST HIGH STREET PO BOX 261 CARL1SLE,PA 17031 Defendants, Dillon Companies, dfbfa Turkey Hill Minit Markets and Turkey Hill, LP., intend to serve a subpoena on Aesthetic and Reconstructive Surgery of Central Pennsylvania, P.c. identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: \ (,.. ~<..'~ "z.,.po5 ~U!lAKFR\LP Mark E. Lovett AttomeyI.D. #41071 Attorneys for Turkey Hill Minit Market 221 East Chestnut Street Lancaster, P A 17602 (717) 299-7254 00392180.1 " Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRUCE KILLINGER, Plaintiff v. No. 04-1889 DILLON COMP ANTES, d/b/a TURKEY HILL MINIT MARKETS and TURKEY HILL, L.P., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Aesthetic and Reconstructive Surgery of Central Pennsylvania, P.c. 816 Belvedere Street Carlisle, Pennsylvania 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records and invoices referrint or relating to Bruce Killinger. Date of birth: 09/15/1945 SS#: 2Il-34-7 62 At: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster. P A 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonahle cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Mark E. Lovett Attorney's Name 41071 Identrtlcatton Number 221 East Chestnut Street Address Lancaster. P A. 17602 F17~ 299-7254 elep one Number Attorney for Defendants BY THE COURT, Date: BY (Prothonotary) Seal of the Court 00391155,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE KILLINGER, Plaintiff vs. : No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINlT MARKETS and TURKEY HILL, LP., Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: BRUCE KILLINGER c/o WILLIAM P DOUGLAS, ESQUIRE DOUGLAS LAW OFF1CE 27 WEST HIGH STREET P.O. BOX 261 CARL1SLE, P A 17031 Defendants, Dillon Companies, d/b/a Turkey Hill Minit Markets and Turkey Hill, LP., intend to serve a subpoena on Blue Mountain Anesthesia Associates, P. C. identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date \b ~~~G~5 By: Mark E. Lovett Attorney 1.D. #4107\ Attorneys for Turkey Hill Minit Market 22\ East Chestnut Street Lancaster, PA \7602 (717) 299-7254 00392281.1 Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRUCE KILUNGER, Plaintiff v. No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINlT MARKETS and TURKEY HILL, L.P., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To; Blue Mountain Anesthesia Associates P.c. 111 Sherwood Drive Carlisle, Pennsylvania 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records and invoices referrin~ or relating to Bruce Killinger. Date of birth: 09/15/1945 SS#: 211-34-7 62 At: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster. PA 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Mark E. Lovett Attorney's Name 41071 ldentulcatton Number 221 East Chestnut Street Address lancaster. P A. 17602 \71 7~ 299-7254 elep one Number Attorney for Defendants BY THE COURT: Date: BY (Prothonotary) Seal of the Court 00392271,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE KILLINGER, Plaintiff vs. : No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINH MARKETS and TURKEY HILL, L.P., Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO BRUCE KILLINGER c/o WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFF1CE 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA 17031 Defendants, Dillon Companies, d/b/a Turkey Hill Minit Markets and Turkey Hill, L.P., intend to serve a subpoena on Moffitt Heart Vascular Group identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. Ifno objection is made, the subpoenas may be served. Date "c.. ~'o 2-D c 5 ~ UNDERHILLtBRUBAKER LLP By. ~~ Mark E. Lovett Attorney J.D. #41071 Attorneys for Turkey Hill Minit Market 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00392282.1 Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRUCE KILLINGER, Plaintiff v. No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINIT MARKETS and TURKEY HILL, L.P., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Moffitt Heart Vascular Group 977 Walnut Bottom Road Carlisle, Pennsylvania 17013 Within twenty (20) days after 8ervice of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records and invoices referrin~ or relating to Bruce Killinger. Date of birth: 09/15/1945 88#: 211-34-7 62 At: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster. PA 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making thi8 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 hy this 8ubpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request oflhe following person: Mark E. Lovett Attorney's Name 41071 Idenhttcation Number 221 East Chestnut Street Address Lancaster. PA. 17602 ~717~ 299-7254 elep one Number Attorney for Defendants BY THE COURT, Date, BY (Prothonotary) Seal of the Court 00392272.\ IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE KILLINGER, Plaintiff vs. : No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MlNlT MARKETS and TURKEY HILL, L.P., Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: BRUCE KILLINGER c/o WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFF1CE 27 WEST HIGH STREET PO BOX 261 CARLISLE,PA 17031 Defendants, Dillon Companies, d/b/a Turkey Hill Minit Markets and Turkey Hill, L.P., intend to serve a subpoena on Yellow Breeches Family Practice identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date \Ioa ~~ ~o5 By: Mark E. Lovett Attomey!.D. #41071 Attorneys for Turkey Hill Minit Market 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00392279.1 Commonwealth of Pennsylvania CountyofCumberbnd SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRUCE KILLINGER, Plaintiff v. No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINIT MARKETS and TURKEY HILL, L.P., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Yellow Breeches Family Practice 1358 Lutztown Road Boiling Springs, Pennsylvania 17007 Within twenty (20) days after 8ervice of this subpoena, yon are ordered by the court to produce the following documents or things: Anv and all medical records and invoices referr~ or relating to Bruce Killinger. Date of birth: 09/15/1945 88#: 211-34-7 62 At: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster. P A 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the document8 or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may 8eek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Mark E. Lovett Attorney's Name 41071 Identihcation Number 22 I East Chestnut Street Address Lancaster. P A. 17602 ~717~ 299-7254 elep one Number Attorney for Defendants BY THE COURT, Date: BY (Prothonotary) Seal of the Court 00192'2501 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE KILLINGER, Plaintiff vs. : No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINlT MARKETS and TURKEY HILL, L.P., Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO BRUCE KILLINGER clo WILLIAM P DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, P A 17031 Defendants, Dillon Companies, d/b/a Turkey Hill Minit Markets and Turkey Hill, L.P., intend to serve a subpoena on Carlisle Regional Medical Center identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date \ I. :F"'-Y> 1-0 cI ~ By: Mark E. Lovett Attorney I.D. #41071 Attorneys for Turkey Hill Minit Market 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00392278.1 Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRUCE KILLINGER, Plaintiff v. No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINIT MARKETS and TURKEY HILL, L.P., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Attn: Medical Records Carlisle Regional Medical Center 246 Parker Street Carlisle, PA 17013 Within twenty (20) daY8 after service of this 8ubpoena, you are ordered by the court to produce the following documents or thing8: Anv and all medical records and invoices referring or relating to Bruce Killinger. Date of birth: 09/15i1945 SS#: 211-34-7862 At: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster. PA 17602 You may deliver or mail legible copies ofthe documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at tbe addres8 listed above. You have tbe rigbt to seek in advance the reasonable cost of preparing the copies or producing the things sought. Uyou fail to produce the document8 or things required by this 8ubpoena within twenty (20) days after its service, the party serving this subpoena may 8eek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Mark E. Lovett Attorney's Name 41071 Identll1cahon Number 221 East Chestnut Street Address Lancaster. PA. 17602 FI7~ 299-7254 elep one Number Attorney for Defendants BY THECOURL Date: BY (Prothonotary) Seal of the Court 00392243.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE KfLLINGER, Plaintiff vs. : No. 04-1889 DfLLON COMPANIES, d/b/a TURKEY HfLL MINIT MARKETS and TURKEY HfLL, LP, Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO BRUCE KfLLINGER c/o WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, P A 17031 Defendants, Dillon Companies, d/b/a Turkey Hill Minit Markets and Turkey Hill, LP., intend to serve a subpoena on Lear Corporation identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: \~ ~....\!) LD 07 By: Mark E. Lovett AttorneyI.D. #41071 Attorneys for Turkey Hill Minit Market 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00392216.1 Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRUCE KILLINGER, Plaintiff v. No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINIT MARKETS and TURKEY HILL, L.P., Defendants CIVIL ACTION - LAW ruRY TRIAL DEMANDED To: Lear Corporation Interior Systems Group 50 Spring Road Carlisle, P A 17013 Witbin twenty (20) days after 8ervice of tbis subpoena, you are ordered by tbe court to produce tbe following documents or things: Anv and all records referring or relating to Bruce Killinger's wl!ges, retirement, early retirement proposals. pension. short- term disabili~. long-term disability. medical llformati?;ili wa~e loss claims. and ~eriods of en!p oyment. Date orb. : 0 /15/1945 S#: 211-34-7863 At: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster. PA 17602 You may deliver or mail legible copies of tbe documents or produce tbings requested by tbis subpoena, together witb tbe certificate of compliance, to tbe party making tbis request attbe address listed above. You have tbe rigbtto seek in advance tbe reasonable cost of preparing tbe copies or prodncing tbe tbing8 sougbt. If you fail to produce tbe documents or tbings required by thi8 subpoena witbin twenty (20) days after its service, tbe party serving tbis subpoena may seek a court order cumpelling you to comply witb it. This 8ubpoena was issued at tbe request of the following person: Mark E. Lovett Attorney's Name 41071 ldentiflcatlOn Number 22 I East Chestnut Street Address Lancaster. PA. 17602 (717) 299-7254 Telephone Number Attorney for Defendants BY THE COURT: Date: BY (Prothonotary) Seal of the Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE KILLINGER, Plaintiff vs. : No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MIN1T MARKETS and TURKEY HILL, L.P., Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: BRUCE KILLINGER c/o WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 27 WEST HIGH STREET PO BOX 261 CARLlSLE, P A 17031 Defendants, Dillon Companies, d/b/a Turkey Hill Minit Markets and Turkey Hill, L.P., intend to serve a subpoena on Alexander Spring Rehab, Inc. identical to the one that is attached to this notice You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: \ c.. ~ <. \0 "Lo 0<.1 5 By: Mark E. Lovett Attomey1.D. #41071 Attorneys for Turkey Hill Minit Market 221 East Chestnut Street Lancaster, PAl 7602 (717) 299-7254 0019227:'\.1 Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRUCE KILLINGER, Plaintiff v. No. 04-1889 DILLON COMPANIES, d/b/a TURKEY HILL MINlT MARKETS and TURKEY HILL, L.P., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To; Alexander Spring Rehab Inc. 1 Tyler Court Carlisle, PA 17013 Within twenty (20) days after service of this 8ubpoena, you are ordered by the court to produce the following document8 or things: Any and all medical records and invoices referrin~ or relating: to Bruce Killinger. Date of birth: 09/15/1945 SS#: 211-34-7 62 At: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster. P A 17602 You may deliver or mail legible copies ofthe documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. !fyou fail to produce the document8 or thing8 required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This 8ubpoena was i8SUed at the request of the following person: Mark E. Lovett Attorney's Name 41071 ldentittcatlon Number 22 I East Chestnut Street Address Lancaster.PA. 17602 \7 t 7~ 299-7254 elep one Number Attorney for Defendants BY THE COURT, Date: BY (Prothonotary) Seal of the Court 00392241.1 , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day of March, 2005, served the foregoing document upon the persons and in the manner indicated below: Service by regular mail addressed as follows: Douglas Law Office c/o William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, P A 17031 HARTMAN UNDERHILL & BRUBAKER LLP Dated: l (" \N.-..""'" c.-\.... 2-00 5' B~~ Mark E. Lovett, Esquue Attorney ID # 41 07l 221 East Chestnut Street Lancaster, P A 17602 (717) 299-7254 00392243.1 DEBORAH J. PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2005 - 1889 Civil Term WAYNE A. PHILLIPS, Defendant ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND ~3301(d) OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: /L1A Y /'1; ;2a> S ~], '.:'j\ ---._~. c~ -- Commonwealth of Pennsylvania County of Cumberland DOUGLAS LAW OFFICE 27 W. IDGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court ID.# 37926 Bruce Killinger In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04 -1889 Civil Term Dillon Companies, Inc., t/ a/ d/b/ a Turkey Hill Minit Markets; and Turkey Hill L.P. Civil action law Jury Trial Demanded Defendont Praecipe to Settle and Discontinue Dear Mr. Long: Please mark the above captioned matter settled and discontinued with prejudice. " ~ f,C~G~~ William P. DWglas, Esq. AttorneY~Qr plaintiff May 24, 2006 (") c; ...., = = "" :J!.: :r>- -< N .:;- o ...,., :r! 01" ,..... ""'Om .,:,0 <:>,1 :.:;j::r: '::'5~1.1 ~-...(") OTTI oc-l :'D -< ~ W N W