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Home My WebLink About09-1912 • i 0072402008-0016 Order Luzerne County Prothonotary 2/61200910:09:25 AM GARY AMDITIS, : IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY Plaintiff, CIVIL ?ApCTION- LAW T VS. oq - MIA 0,'t v; er*%- DONALD D. REINFELD and . MOHAWK INDUSTRIES, Defendants. ORDER AND NOW, this 6th day of February, 2009, upon consideration of the Defendants' Preliminary Objections and the Briefs of Counsel, it is hereby ORDERED AND DECREED as follows: 1. The Preliminary Objection alleging improper venue is sustained 2. The above captioned matter is transferred to Cumberland County, Pennsylvania. 3. All other Preliminary Objections shall be addressed in Cumberland County Court. 4. The costs and fees for transfer and removal of the record shall be paid by the Defendants. COMPLIANCE IS HEREBY DIRECTED. BY THE COURT, V U ? J COPIES TO: Michael R. Mey, Esquire 318 Penn Avenue Scranton, PA 18503 Benjamin A. Nicolosi, Esquire a' C' Marshall, Dennehey, Warner, Coleman & Goggin QQ 401 Adams Avenue, Suite 400 Scranton, PA 18510 0 ?-? A. MORAN JI PROTHONOTARY LUZERNE COUNTY COURTHOUSE Zoo NORTH RIVER ST. WILKES-BARRE, PA. 18711 PHONE (570) 825-1745 FAX (570) 825-1757 February 23, 2009 Curtis R Long, Prothonotary Cumberland County Courthouse 1 Courthouse Sq. Carsiisle, PA 17013 IN RE: Gary Amditis (v) Reinfeld, etal LUZERNE COUNTY COURT NO.: 7240-2008 Dear Mr. Long: . Enclosed herewith is the above FILE that is being transferred to Cumberland County Court as per court order . There is a certified copy of the docket entries and the order enclosed. If you have any questions please do not hesitate to contact me. Very truly yours, Debra Ostrowski Clerk Back to Search > Case #0072402008 Most recent documents may be in verification process. Case Details Case Number Commencement Date 0072402008 5/2312008 12:07:20 PM Case Type Praecipe for Wdt of Summons PFA Number Caption Plaintiff AMDITIS, GARY Caption Defendant REINFELD, DONALD D Judgment Indicator No Status Cashiered Judge Parcel Number Remarks Sealed No Ran Un2A LIDe 2 ?Wk 0? Counsel AMDITIS 90 ROCK PITTSTON PA 18640 Lupas, Yes 1 , GARY STREET TOWNSHIP AnthonYJ• Address Address Name LID.!! LIDIZ so oft Cowml CoCousN Hg* sirnrrnrMCe REINFELD, 8516 INDIANAPOLIS IN 46278 YeS 1 DONALD D WALDEN TRACE I COURT ( - as -- ......._.,' MOHAWK 5425 INDIANAPOLIS IN 46268 INDUSTRIES WEST ( 74TH STREET PACK t00 1 • Garnishees o Dockets i DROAIM Docket Text $lllf? 5123/2008 12:07:20 PM Praecipe for Writ of Summons No 0 712!2008 2:22:03 PM Cori ficete Of Service No 1 7/221200812:55:02 PM Sheriffs Service No 2 71221200812:56:18 PM Sheriffs Service No 3 i 8/251200810:08:33 AM Entry of Appearance _ No 4 81251200810:09:04 AM 81251200810:09:26 AM Rule To File Complaint Certificate of Service ?- No No 5 6 9/29/200812:16:14 PM 91291200812:16:29 PM 10120120081:03:24 PM Notice Complaint Praecipe No No No 7 8 9 10120120081:03:40 PM Notice of Removal No 10 10/20120081:04:40 PM Cwt ficata Of Service No 11 12121200811:04:23 AM Certificate Of Service No 12 12/2/200811:05:01 AM Brief No 13 - 1212f200811:07:46 AM Preliminary Objections No 14 1122120091:39:41 PM File Transmittal No 15 2161200910:09:25 AM Order _ No 16 • Judgments • Linked Cases Copyright @ 2008 Paperless Solutions, Inc. All rights reserved. ?RTIF".ED FIION'i s HE RECORDS TI-1142 DAY Or- 97.-6 A.D. 20-9? JE ± A. M OR N, PROTHONOTARY • Elizabeth Bernstein Decker, Esquire Deputy Prothonotary 570-825-1747 JILL A. MORAN, ESQUIRE Prothonotary Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711-1001 Phone 570-825.1745 1 Fax 570-825-17571 TDD 570-825-1860 FILE TRANSMITTAL FORM Plaintiff Defendant DATE: I " TRANSMITTED TO: _uzerne County Prothonotary 1122/2009 1 39.41 PM JUDGE COURT ADMINISTRATOR DIVORCE MASTER OTHER: OUT: Received By: Prothonotary Staff Initial: r RETURNED: Peter John Moses, Esquire Solicitor DOCKET NO 1 ' 11 L UPS of MR III 0072402005-0015 File Transmittal Prothonotary Staff Initial:______..._ Returned By: C? Y Yd LO Z l oo tielou oylad /yunoo auje awazn-I suawwng jo;uMjc%adioaeid OOOO-SOOZOYZLOO lu? I? r st, I S-ZZs-OL S IOL8I vd `;)-ULq-saNIiM Iaa.ns uos-Aatlj IsaM S9 ,fuuinld doll dummy ? nbsd gu j 'sLdn-I -f XuotpuV :Xg •za???ui pauoi pdva-anogt, aql ut `SaMSf1QAII vMOHOW Pug Q'Ia.3Max 'Q Q'IdNOQ `siu-epua3aQ aql isum& suowtunS v anssl Xipur>I ?AxVioxoH,LO-dd 3ML of WO s dolimm xou as a a Q ?Z: L -AD-80 'ON : sIuLPuaJaQ 89Z9t, NI `siiodwaipul a 001 3I3gd `I004S q,bL ISOM Mg SHMSfIGM ? AkVHOW 4f . , C6... E cn Ca PUB * 8LZ9i6 NI `stlodBuvTUI lInoo a Is uaPIEA19198 C-i a'I211ruax 'Q (IlfvNOQ r1t1d'I - NOIIDV 'IIAID : BRUTId A IMOD aNxazna 140 : SHaad NOMOO do llmoo mu Ni : IOLSI Vd `augg-MOM 33ans ww4w mAi s9 6MIW( •I ameba °vr'stdaZ T CEDVMV -SA Oti98I Vd `dRsumos uolsuid 1004S along 06 `sI.LIam A-dvo 40=&V aaad 8I£ •a?I-I `m¦s ? ?? Mill In *xnv a mbn IbW -V pvq*IW 10/949136.0 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Jr., Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 4964606 Attorney for Defendants, Donald D. Reinfeld and Mohawk Industries, Inc GARY AMDITIS, Plaintiff vs. DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants :IN THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY :CIVIL ACTION - LAW+ :JURY TRIAL DEMANDED :NO.: 08-CV-7240 ?C AND NOW COME Defendants, by and through their counsel, the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, and pursuant to Pa. R.C.P. 1028(a)(1), preliminarily object to Plaintiffs Complaint and state the following in support thereof 1. Plaintiff filed a Complaint in the Court of Common Pleas of Luzeme County which Defendants subsequently removed to the United States District Court for the Middle District of Pennsylvania based upon diversity of jurisdiction. 2. While the matter was pending with the United States District Court, Defendants filed a Motion to Transfer Venue to the Southern District of Indiana since the motor vehicle accident in question occurred on May 25, 2006 near Indianapolis, Indiana. 3. Furthermore, Plaintiff alleged that both Defendants were residents of the State of Indiana. 111IFUT ML- 0 ISM III 0072402008-0014 Preliminary Objections QM4D Luzerne County Prothonotary 12/2/2008 11:07:46 AM 4. Recently, counsel for Defendants confirmed that Donald D. Reinfeld is currently a resident in the Commonwealth of Pennsylvania, residing in Carlisle, Cumberland County, Pa. 5. Defendants filed a Voluntary Motion to Remand this matter from Federal Court to the Court of Common Pleas of Luzerne County and by Order of November 24, 2008, the Honorable William J. Nealon granted the Voluntary Motion for Remand and placed this matter back in the Court of Common Pleas of Luzerne County. 6. Since the Motion to Transfer Venue pending in Federal Court is moot based upon the remand, Defendants hereby file these Preliminary Objections alleging improper venue in Luzeme County, Pennsylvania. 7. Pa. R.C.P. 1006 specifically states "an action against an individual may be brought in an only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose... " 8. In the instant action, the cause of action occurred in Indianapolis, Indiana, and Mr. Reinfeld resides in Cumberland County, Pennsylvania. 9. Pa. R.C.P. 2179(a), venue is appropriate only where the entity has a principal place of business or regularly conducts business. Neither are in Luzeme County. 10. Pursuant to Pa. R.C.P. 1006(e), Mohawk Industries may be considered a "Corporation or Similar Entity" and pursuant to Pa. R.C.P. 1006(e), if a preliminary objection to venue is sustained and there is a county of proper venue within the State, the action shall not be dismissed but shall be transferred to the appropriate court of that county. The costs and fees for transfer and removal of the record shall be paid by the Plaintiff. 11. Plaintiff has also asserted a claim for punitive damages. 12. Plaintiffs Complaint is insufficiently specific and is also legally insufficient to support a claim for punitive damages in this rear end motor vehicle accident. 13. Pursuant to Pennsylvania law, punitive damages are only available if the conduct proven is outrageous, willful and wanton. Gross negligence does not support a claim for punitive damages. WHEREFORE, Defendants respectfully request this Honorable Court sustain the Preliminary Objections asserting improper venue and transfer this matter to Cumberland County, Pennsylvania. Additionally, punitive damages are hereby dismissed with prejudice. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY:_ , t a '? 0'? B A. Nicolosi,e I.D. #: 69551 401 s Avenue, Suite 400 Scranton, PA 18510 Phone: 570-496-4606 Fax: 570-496-0567 E-Mail: banicolosi_(cr7mdwca com Attorney for Defendants • GARY AMDITIS, Plaintiff vs. DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants AND NOW this day of :IN THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY :CIVIL ACTION - LAW :JURY TRIAL DEMANDED :NO.: 08-CV-7240 ORDER 200, upon consideration of Defendants' Preliminary Objections alleging improper venue, said Preliminary objections are sustained and this matter shall be transferred to Cumberland County, Pennsylvania. The costs and fees for transfer and removal of the record shall be made by the Plaintiff. Additionally, the Preliminary Objections relative to punitive damages are hereby sustained and those damages are dismissed with prejudice. BY THE COURT: r: 10/949159.x1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Jr., Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 4964606 Attorney for Defendants, Donald D. Reinfeld and Mohawk Industries, Inc GARY AMDITIS, vs. :1N THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY Plaintiff DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants :CIVIL ACTION - LAW :JURY TRIAL DEMANDED :NO.: 08-CV-7240 CERTIFICATE OF SERVICE I hereby certify that I have served upon all persons listed below a true and correct copy of Defendants, Preliminary Objections and Brief in Support in the above-captioned matter on this date by regular mail, postage prepaid, as follows: Michael R. Mey, Esquire MEY & SULLA, LLP 318 Penn Avenue Scranton, PA 18503 Anthony J. Lupas, Jr., Esquire 65 West Jackson Street Wilkes-Barre, PA 18701 DATE: 4116?_ A o NQ 7 ? zW !on all 4"< q.. ertic Of Service Luzerne County prothonotary 12/2/2008 11:04:23 AM MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN • 10/949153.v1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Jr., Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 4964606 Attorney for Defendants, Donald D. Reinfeld and Mohawk Industries, Inc GARY AMDITIS, Plaintiff vs. DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants :IN THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY :CIVIL ACTION - LAW :JURY TRIAL DEMANDED ? w RG :NO.: 08-CV-7240 F PRELIMINARY 0FLJFVT1nVQ C4 I. FACTUAL/PROCEDURAL HISTORY: The procedural and factual history is set forth in the Preliminary Objections. Briefly stated, Plaintiff and Defendant, Donald Reinfeld, were involved in a motor vehicle accident on May 25, 2006 near Indianapolis, Indiana. Plaintiff filed suit in the Luzerne County Court of Common Pleas and Defendants removed the matter to Federal Court based upon diversity of citizenship. While that,.case was pending in Federal Court, counsel for Defendants confirmed that Donald Reinfeld is currently a resident of the Commonwealth of Pennsylvania. Therefore, Federal Court lacked subject matter jurisdiction and the matter was voluntarily remanded to the Luzerne County Court of Common Pleas. Now, Defendants assert that because the accident occurred in Indianapolis, Indiana, and because Mr. Reinfeld is a resident of Cumberland County, the matter should be transferred to Cumberland County, Pennsylvania. il It Ima ?=? SI 7P NI 0072402008-0013 Brief Luzeme County Prothonotary 12/2/200811:05:01 AM • 11. LEGAL ARGUMENT: The Pennsylvania Rules of Civil Procedure make it quite clear that when parties are sued, venue is appropriate only in counties where the cause of action occurred or where they can be served. In the case of a company, such as Mohawk Transportation, venue may also be appropriate where the principal place of business lies or where they regularly conduct business. In the instant action, Mohawk Transportation is considered a resident of the State of Indiana and that is where it regularly conducts its business. Donald Reinfeld is considered a resident of the Commonwealth of Pennsylvania, specifically Cumberland County. Therefore, the only appropriate venue for this case within the borders of the Commonwealth of Pennsylvania is Cumberland County. Pursuant to Pa. R.C.P. 1006(e), improper venue must be raised by preliminary objection or it is waived. This matter only recently returned to the Luzerne County Court of Common Pleas. Prior to that, it was placed in the United States District Court for the Middle District of Pennsylvania where a Motion to Transfer Venue to the State of Indiana was pending. Now, if the Court grants these Preliminary Objections, the only option is to transfer the matter to Cumberland County where Mr. Reinfeld currently resides. Plaintiff also asserts a claim for punitive damages but does not specifically set forth facts which support such a claim. Ordinary negligence, involving inadvertence, mistake or error of judgment will not support an award of punitive damages. Hutchinson v. Penske Truck Leasiniz a Co., 2005 Pa. Super. 179, 876 A.2d 978, 983-84 (2005); citing Martin v. Johns-Manville Corn 494 A.2d at 1097. Rather, in order to justify an award of punitive damages, the fact-finder must determine that the Defendants acted with a culpable state of mind, i.e., with evil motive or 2 • reckless indifference to the rights of others. Hutchinson at 984. Therefore, the Preliminary Objections on punitive damages must be sustained in this rear end automobile accident case. III. CONCLUSION: For these reasons, Defendants respectfully request that this Honorable Court sustain the Preliminary Objections and transfer this matter to Cumberland County, Pennsylvania. All costs and fees for transfer and removal of the record shall be paid by the Plaintiff in accordance with Pa. R.C.P. 1006(e). MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Benj A. Nicolosi, e Atty. I. . #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: 570-496-4606 Fax: 570-496-0567 E-Mail: banicolosi(u?mdwce com Attorney for Defendants 3 ************* -COMM. JOURNAL- **:K:IC?oK** *** DATE JAN-22-2009 ***** TIME 14:58 ** ***** 0 MODE = MEMORY TRANSMISSION FILE NO.=224 STN COMM. ONE-TOUCH/ STATION NAME/TEL NO NO. ABBR NO. 001 OK II 2887003 START-JAN-22 14:57 END-JAW22 14:58 PAGES DURATION 002/002 00:00:53 **************************?ou*MoloK** - - **:Io1oK - ******* 570 825 6242- Y 76 C?3 WA MRWS ?W- RAW SHARKE VYIl:1.lAM T. Gauff Adl*AW&W q n r Feu (570) M4242 TDp , 025.1860 iMer i (.K70) 825-1806 JOHN R MUli4tJY p** OW Aami*"W KgHLEEN I..: HLMSMU AWIRAW t b MN-P°O AO-f: (510)x20.1006 OFFICE OF COURT ADMINISTRATION 826-150 COURT OF COMMON PLEAS LUZERNE COUNTY COURTHOUSE lc 200 NORTH RIVER STREET ? wiLKES-WRE, PENNSYLVANIA 18711 FA IINILE COVER SHE TO: FROM: .?." wru?IwueTQ®Tl1C2'4 OFFICE FAX: (570)825- 6242 TEL.: (570) 825-151 DATE: z2 ?--- -- NUMBER OF PAGES (INCLUDING COVER): 2 MESSAGE. PLEASE BE ADVISED THAT UNLESS YOU COMPLETE THE A. ACHED "SCHEDULE SHEET FOR CIVIL AR UMENT" THE AR(3U ENT: '.APTXW DOCKU NUMBM 011,112 -ow CANNOT BE ASSIGNED. YOUR PROMPT ATTENTION TO THIS MATTER IS. GREATLY APPRECIATED. PLEASE FAX THE COMPLETED FORM TO THE ; INDICATED FAX NUMBER. THANK YOU. • 10/935293.x1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 496-4606 Attorney for Defendants, Donald D. Reinfeld and Mohawk Industries, Inc. GARY AMDITIS, JN THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY Plaintiff :CIVIL ACTION - LAW 2.2 vs. :JURY TRIAL DEMANDED DONALD D. REINFELD and MOHAWK INDUSTRIES, p Defendants :NO.: 08-CV-7240 PRAECIPE FOR NOTICE OF REMOVAL TO THE PROTHONOTARY: c? N? fi°r zrn a° 0 ZVO The above-captioned matter has been removed to the United States District Court for the Middle District of Pennsylvania. A Notice of Removal is attached hereto. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY:IJ-N I I: U, PAU j n A. Nicolo?Esquire A . I. . 69551 1 s Avenue, Suite 400 Scranton, PA 18510 (570) 496-4606 Attorney for Defendants NEDWIM1111 0072402008-0009 Praecipe Luzerne County Prothonotary 10120/2008 1:03:24 PM • PRAT IL E 1o?roi67.vi I.UZERNE ??l! ?T? MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Jr., Esquire t 20 AM 9s 20 Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 496-4606 Attorney for Defendants, Donald D. Reinfeld and Mohawk Industries, Inc. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA GARY AMDITIS, NO.: 3:08-CV-1909 (JUDGE Plaintiffs Vs. CIVIL ACTION - LAW JURY TRIAL DEMANDED DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants REMOVED FROM THE COURT OF COMMON PLEAS OF LUZERNE COUNTY; CIVIL ACTION NO. 08-CV-7240 NOTICE OF REMOVAL TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA: Defendants, Donald D. Reinfeld and Mohawk Industries, by and through their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, hereby give Notice of the Removal of the Civil Action captioned Gary Amditis v. Donald D. Reinfeld and Mohawk Industries, Civil Action No. 08-CV-7240, from the Court of Common Pleas of Luzerne County to the United States District Court for the Middle District of Pennsylvania. In support of the removal, Defendants state as follows: 1. Defendants are named in the above-captioned civil action which was verified by counsel for Plaintiff on September 26, 2008. Defendant is not in possession of a time-stamped copy of the Complaint at this time but it is clear that it was not served prior to verification of September 26, 2008. III j 1 III 8-0010 00 7zaozoo Notice of Removal Luzerne County prothonotary 10/2012008 1'03'A0 PM A • 2. Defendants remove this action to the United States District Court for the Middle District of Pennsylvania pursuant to the provisions of §§1441 and 1446 of Title 28 of the United States Code. This is the judicial district in which the action is pending. 3. This Notice of Removal is timely, as it has been filed within 30 days after Defendants' receipt of Plaintiffs Complaint. 4. Plaintiffs Complaint contains two counts, one against each Defendant. 5. In his Complaint, Plaintiff alleges that on May 25, 2006, while operating his tractor trailer on Interstate 465 in Pike Township, Indianapolis, Indiana, he was rear-ended by a tractor trailer operated by Donald D. Reinfeld. 6. According to Plaintiffs Complaint, he suffered "severe and permanently disabling injuries" and is "seeking compensation for those injuries as well as compensation for past and future lost wages and earning capacity, compensation for medical bills and punitive damages. Specifically, Plaintiff asserts that the compensatory damages are worth "in excess of $50,000.00" and punitive damages are also "in excess of $50,000.00." Plaintiff also asserts "the amount claimed exceeds the jurisdictional limit requiring mandatory arbitration referral." 7. This Court has jurisdiction over actions in which the matter in controversy exceeds $75,000.00 and the parties are citizens of different states. See 28 U.S.C. § 1332. 8. "A district court's determination as to the amount in controversy must be based on the Plaintiffs Complaint at the time [the] petition for removal was filed.'" Werwinski v. Ford Motor Co.. 286 F. 3d 661, 666 (3d Cir. 2002) (quoting Steel Valley Authority v Union Switch & Signal 809 F. 2d 1006, 1010 (3d Cir. 1987). 9. Again, Plaintiff seeks compensation for alleged "severe and permanently disabling injuries", compensation for lost wages and future earning capacity diminution and punitive 2 • damages. His injuries include injuries to the cervical spine, thoracic spine, lumbar spine and shoulders and Plaintiff has sought punitive damages in excess of $50,000.00 and compensatory damages in excess of $50,000.00, meaning the amount in controversy of $75,000.00. The allegations of damages are contained in the ad damnum clause of his Complaint. 10. In Golden v. Golden, 382 F. 3d 348, 354-355 (3d Or. 2004), the Court held that unless patently frivolous, "a request for punitive damages will generally satisfy the amount in controversy requirement because it cannot be stated to a legal certainty that the value of the Plaintiffs claim is below the statutory minimum." 11. Complete diversity of citizenship exists in this case since by his allegation, Plaintiff is a resident of the Commonwealth of Pennsylvania and both Defendants are residents of the State of Indiana. 12. Accordingly, removal of this action to the United States District for the Middle District of Pennsylvania is proper because the matter in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs as alleged by Plaintiff and because there is complete diversity of citizenship between the Plaintiff and both Defendants. 13. Written notice of the filing of this Notice of Removal has been given to all counsel representing parties in accordance with 28 U.S.C. §1446(d). 14. Promptly after filing with this Court and with the assignment of the civil action number a Notice of this Removal will be filed with the Court of Common Pleas of Luzerne County in accordance with 28 U.S.C. §1446(d). 15. Attached hereto as Exhibit A is a copy of Plaintiffs Complaint filed in the Court of Common Pleas of Luzerne County. 3 r: WHEREFORE, removing parties pray that the above-captioned action now pending in the Court of Common Pleas of Luzerne County be removed to this Honorable Court. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Benjamin A. Nicolosi 1r Benjamin A. Nicolosi, Jr., Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: 570-496-4606 Fax: 570-496-0567 E-Mail: banicolosi(@mdwcg.com Attorney for Defendant 4 • 10/935293.x1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 4964606 Attorney for Defendants, Donald D. Reinfeld and Mohawk Industries, Inc GARY AMDITIS, Plaintiff vs. DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants :1N THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY :CIVIL ACTION - LAW :JURY TRIAL DEMANDED :NO.: 08-CV-7240 CERTIFICATE OF SERVICE I hereby certify that I have served upon all persons listed below a true and correct copy of the Praecipe for Notice of Removal in the above-captioned matter on this date by regular mail, postage prepaid, as follows: Michael R. Mey, Esquire MEY & SULLA, LLP 318 Penn Avenue Scranton, PA 18503 Anthony J. Lupas, Jr., Esquire 65 West Jackson Street Wilkes-Barre, PA 18701 DATED: 1 I man 'III , • III 0072402008-0011 ?i ^- N? Certificate Of Service mc Luzerne County Prothonotary 10/20/2008 Q .gyp'-i !0 nq ` 104:40 PM Z r 3 a d Q MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN 1 1. Michael R Mey, Esquire Atty. LD. No. 41441 Mey & Sulfa, L.L.P. 318 Penn Avenue Anthony J. Lupas, Jr., Esquire I.D.#01849 65 West Jackson Street Wilkes-Barre, PA 18701 Scranton. PA 18503 GARY AMDITIS, IN THE COURT OF COMMON PLEAS 90 Rock Street OF LUZERNE COUNTY Pittston Township, PA 18640 Plaintiff VS. CIVIL ACTION - LAW DONALD D. REINFELD 8516 Walden Trace Court mini Indianapolis, IN 46278 us, I N , - 0072402008-0007 Notice c . and Luzerne County Prothonotary 9/291200 ? .. ?7 i 812:16:14 PM ? MOHAWK INDUSTRIES 5425 West 70 Street, Pack 100. Indianapolis, IN 46268 . c Defendants : No. 08-CV-7240 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 Amended Complaint is 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 Amended Complaint or any other claim or relief requested by the Defendant. 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. LEGAL SERVICES OF NE. PA. 410 Bicentennial Building 15 Public Square Wilkes-Barre, PA 18701 (570) 825-8567 PA LAWYER REFERRAL SERV. 100 S. Street Post Office Box 186 Harrisburg, PA 17108 1-800-692-7375 MEY & S L. B ichael R. Mey, Esquire • Michael R. Mey, Esquire Anthony J. Lupas, Jr., Esquire Atty. LD. No. 41441 LD.#01849 Mey & Sulla, L.L.P. 65 West Jackson Street 318 Penn Avenue Wilkes-Barre, PA 18701 Scranton. PA 18503 GARY AMDITIS, IN THE COURT OF COMMON PLEAS 90 Rock Street OF LUZERNE COUNTY Pittston Township, PA 18640 Plaintiff VS. CIVIL ACTION - LAW DONALD D. REINFELD 8516 Walden Trace Court Indianapolis, IN 46278 , MMMUK111011 and 0072402008-0008 Complaint rya Luzeme County Prothonotary T1 MOHAWK INDUSTRIES 9/29/200812:16:29 PM 5425 West 74th Street, Pack 100 1110 Indianapolis, IN 46268 -1 Defendants No. 08-CV-7240 COMPLAINT 1. The Plaintiff, Gary Amditis, is an adult individual who resides at 90 Rock Street, Pittston Township, Pennsylvania 18640. 2. The Defendant, Donald D. Reinfeld, is an adult individual who resides at 851'6 Walden Trace Court, Indianapolis, IN 46278. 3. The Defendant, Mohawk Industries is a fictitious business entity located at 5425 West 74`' Street, Pack 100, Indianapolis, IN 46268. 4. On May 25, 2006, the Plaintiff, Gary Amditis, was operating his tractor trailer in an eastbound direction on Interstate 465 in Pike Township, Indianapolis. 5. The Defendant, Donald D. Reinfeld, was operating a tractor trailer owned by the Defendant, Mohawk Industries also in an eastbound direction on Interstate 465 when he suddenly and without warning drove his tractor trailer into the rear of the tractor trailer being operated lawfully and properly by the Plaintiff. • 6. That at all times material to this cause of action the Defendant, Donald D. Reinfeld, was an employee, agent, independent operator or subcontractor of the Defendant, Mohwak Industries. 7. While the Plaintiff was lawfully standing alongside Interstate 465 in an eastbound direction when the Defendant, Reinfeld, drove the tractor trailer owned by the Defendant, Mohowak Industries at a high rate of speed rear-ending the Plaintiff's vehicle causing him severe and permanently disabling injuries as are more particularly described hereinafter. COUNTI GARY AMDITIS VS. DONALD D. REINFELD Plaintiffs incorporate by reference the averments contained in Paragraphs 1 through 7 as though the same were set forth here fully at length. 9. The negligence of the Defendant, Donald D. Reinfeld, consisted of the following: a. With the Plaintiff in full view and in such a position that he could or should have seen him, he did so run, steer, manage, operate and direct his motor vehicle so as to cause it to come into forceful and violent contact with Plaintiff's vehicle who was lawfully proceeding along the roadway; b. In continuing to operate his vehicle in a direction towards the Plaintiff, when the Defendant saw, or in the exercise of reasonable diligence should have seen, that further operation in that direction would result in a collision with the Plaintiff; C. Operating his vehicle at an excessive, dangerous, unsafe and illegal rate of speed under the circumstances; d. Failing to have his vehicle under proper and adequate control; e. Operating his vehicle without regard for the presence of Plaintiff's vehicle lawfully upon the roadway; f. Was inattentive and failed to maintain a sharp lookout of the roadway and surrounding traffic, and in particular, the Plaintiff s vehicle; g. Failing to give any warning or notice signal of the impending and foreseeable accident and imminent danger caused by the Defendant's continued approach toward the Plaintiff, • h. Failing to provide his vehicle at said time and place with good and sufficient brakes and other necessary appliances and equipment, and in failing to properly and adequately apply the same, or to inspect his vehicle to determine their condition before striking the Plaintiff; i. Failing to yield the right-of-way to the Plaintiff; Failing to take any action in order to avoid colliding with the Plaintiff when the Defendant had the opportunity to do so; k. Otherwise negligently and carelessly operating his vehicle under the totality of circumstances. 10. That as a result of the aforesaid negligence, the Plaintiff, Gary Amditis, suffered the following injuries and conditions: a. Injuries to cervical spine; b. Injuries to thoracic spine, associated and surrounding tissues; C. Injuries to lumbar spine, associated and surrounding tissues; d. Injuries to shoulders; 11. That as a result of the negligence and injuries, the Plaintiff will be unable to enjoy and appreciate the benefit of the things in life to which he is entitled. 12. That by reason of the Defendant's negligence, and the resulting injuries, the Plaintiff will suffer restriction in motion of his arms, neck and back. 13. That by reason of the Defendant's negligence and the resulting injuries, the Plaintiff has, and in all probability will continue to suffer, great pain and suffering. 14. That by reason of the Defendant's negligence and the resulting injuries, the Plaintiff will be denied the ability to enjoy a normal, ordinary and pain free life and will be denied the pleasures of living. 15. That by reason of the Defendant's negligence and the resulting injuries, the Plaintiff has been unable to work as a result of which he has sustained a past wage loss and will • continue to do so for an indefinite period of time, which will be in excess of the mandatory minimum coverages required under the Pennsylvania Motor Vehicle Responsibility Act, a claim for which is herein made. 16. That as a result of the Defendant's negligence and the resulting injuries, the Plaintiff has sustained a permanent/partial reduction in earning capacity, a claim for which is herein made. 17. That as a result of the Defendant's negligence and the resultant injuries, the Plaintiff will incur a future loss of wages, earnings and earning capacity, a claim for which is herein made. 18. As a result of the Defendant's negligence and the resultant injuries, the Plaintiff, has incurred various medical bills for physician services, treatment, prescription drugs, therapy and similar such service and, in all likelihood will continue to incur these expenses into the foreseeable future, all of which are in excess of the mandatory minimum coverages required by the Pennsylvania Motor Vehicle Responsibility Act, claims for which are herein made. WHEREFORE, the Plaintiff, Francis Wood, claims compensatory damages in excess of $50,000.00 and punitive damages in excess of $50,000.00 against the Defendant and moves that the judgment be entered in his favor. The amount claimed exceeds the jurisdictional limit requiring mandatory arbitration referral. COUNT H GARY AMDITIS VS. MOHAWK INDUSTRIES 19. The Plaintiff, Gary Amditis incorporates by reference the averments contained in paragraphs 1 through 18 as though the same were set forth here fully at length. 20. The Defendant, Mohawk Industries, directed, employed, contracted with or otherwise engaged the Defendant, Gary Amditis and, they are responsible to the Plaintiff for the negligence of Reinfeld as follows: • a. With the Plaintiff in full view and in such a position that he could or should have seen him, he did so run, steer, manage, operate and direct his' motor vehicle so as to cause it to come into forceful and violent contact with the Plaintiff, who was lawfully upon the roadway; b. In continuing to operate his vehicle in a direction towards the Plaintiff, when the Defendant saw, or in the exercise of reasonable diligence should have seen, that further operation in that direction would result in a collision with the Plaintiff; C. Operating his vehicle at an excessive, dangerous, unsafe and illegal rate of speed under the circumstances; d. Failing to have his vehicle under proper and adequate control; e. Operating his vehicle without regard for the presence of a motor vehicle lawfully upon the roadway; f. Was inattentive and failed to maintain a sharp lookout of the roadway-and surrounding traffic, and in particular, the Plaintiffs vehicle; g. Failing to give any warning or notice signal of the impending and foreseeable accident and imminent danger caused by the Defendant's continued approach toward the Plaintiff s vehicle; h. Failing to provide his vehicle at said time and place with good and sufficient brakes and other necessary appliances and equipment, and in failing to properly and adequately apply the same, or to inspect his vehicle to determine their condition before striking the Plaintiffs vehicle; i. Failing to yield the right-of-way to the Plaintiff s vehicle; j. Failing to take any action in order to avoid colliding with the Plaintiff when the Defendant had the opportunity to do so; k. Otherwise negligently and carelessly operating his vehicle under the totality of circumstances. 21. The Defendant, Mohawk Industries, encouraged, permitted or otherwise allowed the Defendant, Reinfeld, to operate his vehicle without due regard for the hourly limit, daily limit, daily mileage requirement and mandatory rest periods, all in violation of the Rules and Regulations aforesaid. • 22. The conduct of Mohawk Industries as aforesaid was intentional, purposeful, willful and wanton and was directed to advance its own financial objectives at the expense of the travelling public in general and, the Plaintiff, Gary Amditis, in particular, and said conduct was so outrageous as to warrant the imposition of punitive damages. WHEREFORE, the Plaintiff, Gary Amditis, claims compensatory damages in excess of $50,000.00 and punitive damages in excess of $50,000.00 against the Defendant and moves that the judgment be entered in his favor. The amount claimed exceeds the jurisdictional limit requiring mandatory arbitration referral. Respectfully submitted, VERIFICATION Due to my clients' unavailability, I, MICHAEL R. MEY, attorney for Plaintiff, GARY AMDITIS, being duly sworn according to law, deposes and say that the facts contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief, and that this VERIFICATION is being made by me as her attorney since her signature cannot be obtained within the time required by the Rules of Civil Procedure, and are made subject to the penalties of 19 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: September 26, 2008 Y r: Defendants :CIVIL ACTION - LAW :JURY TRIAL DEMANDED :NO.: 08-CV-7240 CERTIFICATE OF SERVICE w C c? N Cl+ x?• 0 cry I hereby certify that I have served upon all persons listed below a true and correct copy of 10/916765.v1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 496-4606 Attorney for Defendants, Donald D. Reinfeld and Mohawk Industries, Inc GARY AMDITIS, vs. :IN THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY Plaintiff DONALD D. REINFELD and MOHAWK INDUSTRIES, Entry of Appearance on behalf of Defendants and Rule to File Complaint on Plaintiffs counsel, in the above-captioned matter on this date by regular mail, postage prepaid, as follows: Michael R. Mey, Esquire MEY & SULLA, LLP 318 Penn Avenue Scranton, PA 18503 Anthony J. Lupas, Jr., Esquire 65 West Jackson Street Wilkes-Barre, PA 18701 DENNEHEY, WARNER, & GOGGIN BY: A. DATED: oil 0 oil ao72402008-0006 III Certificate Of Service Luzerne County Prothonotary 8/25/200810:09:26 AM I 10/916765.V1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 4964606 Attorney for Defendants • GARY AMDITIS , :1N THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY Plaintiff vs. :CIVIL ACTION - LAW DONALD D. REINFELD and :JURY TEL DEMANDED , MOHAWK INDUSTRIES C , Cti ^x1 C)F Defendants :NO.: 08-CV-7240 , x-y PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff to file a Complaint in the above-captioned matter within twenty (20) days from the date hereof or suffer a judgment of non pros. MARSHALL, DENNEHEY, WARNER, COLE & GOGGIN n BY: " ? j' #D. Nicolosi, Esqui69551 RULE TO FILE COMPLAINT AND NOW this?3*day of , 2008, a Rule is issued upon plaintiff to file a Complaint within twenty (20) days from the date hereof or suffer a judgment of non pros. 1111111111111iiin No 0Rule To File Complaint VTHE104: A#X Luzerne County prothonotary 8/25/2008 10:09:04 AM 10/916765.v1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Benjamin A. Nicolosi, Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 Phone: (570) 496-4606 Attorney for Defendants GARY AMDITIS, Plaintiff VS. :IN THE COURT OF COMMON PLEAS :OF LUZERNE COUNTY :CIVIL ACTION - LAW :JURY TRIAL DEMAND DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants :NO.: 08-CV-7240 ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of the undersigned on behalf of the named Defendants, Donald D. Reinfeld and Mohawk Industries, Inc. Defendants hereby demand a trial by jury. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY- n . Nicolosi, ire Atty. D. # 69551 401 A s Avenue Suite 400 , Scranton, PA 18510 Phone: 570-496-4606 Fax: 570-496-0567 `Q- E-Mail: banicolosi6mdwcg.cor l ', ; + Attorney for Defendants cn '48 ? r Q nil I00724020084)004 Entry Of Appearance Luzeme County Prothonotary 8/25/200810:08:33 AM `LUZERNE SHERIFF PEPARTMENT FOX (570) 825-1849 COUNTY (570) 825-1651 ` 200 NORTH RIVER SIRE VVKICES-BARRE, PENNSYLVANIA 18711 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF(S) 2. COURT NUMBER 08-"-1240 3. DEFENDANT(S) ` 4. TYPE OF WRIT or COMPLAINT AJI ul!?? 4.1 11 IN w r?-a u? ( V i i e -?l o?J - W 1 j SERVE 5. NA O INDIVIDUAL, Y, C 9P RA I FN. 1 1 E LEVItU. At [AILMEL) OR SOLD. 'k e)A) KVrtRIT TO 6. ADDRESS (Street. RFD, Apartme Borg, Twp., State and Zip Code). AT is- ( I ,Wj Mir CPU I #?:Z> IA?(AADLI s rAJ it 8 7. INDICATE UNUSUAL SERVICE. CERT. MAIL 0 DEPUTIZE ? POST ? OTHER Now, 20 , I, SHERIFF OF LUZERNE COUNTY, PA., do hereby deputize the Sheriff of l9 siW t?l return thereof according to law. This deputation being made at the request and risk of the plaintiff County to execu!? sr?oF` n,? S. SPECIAL INSTRUCTIONS OR OTHER WORMATION THAT WILL ASSIST IN EXPEOITINO SERVIOE. PAID C tv 9. PVW/TYPi NAME AND ADDR? OF ATTORNEY/ORIONATOR ) ?°? a rcpt m EY Gsa, l - 318 PQjfj 44/,VuU F SCAAA)TO&J. M V-1 TELEPHONE MXAW P?*1 zr W , x Cs'7? GS ., 3 z rn . NOR[ DIRT WRIT . N.R. ti11A111ER Of WATCIMI N-My dqx y -' MNf IwYlnp upon or attact ft any property under In writ may leavs same without a walichrmn, in custody of whornwrr Is found Z '?t a: s ' In possession. after noWykV person of levy or attachrnent, without EobEity on the part of such dspuly or the dwo to an iM iM 1w i f l d d y p . n or any a m o nxtion or nnwval of any such property betwr shsrMf s sale ftwea p . I acauwwsap. rscayr or Inn WM , v r ATUR¦ or Aul Ited LCSD Ds+puty i I. Dale Filed 12. Expiroilon/1 ea" Dale or complaint as Indicated above 7Y -S 3 - U D RE COMPLETED BY SHERIFF 13. Served and made known to , DefendaM(s) on the day of 20 , at o'clock. M, at C t y of 04p Commonwealth of Pennsylvania, in the manner described below: ". ? Defendant(s) personally served. ? Adult (amity member with whom said Defendant(s) reside(s). Relationship is ? Adult in charge of Defendant's residence. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). -,? ? Agent or person In charge of Defendant's office or usual place of business. = O r Other MEE day of 20 at o'cloG . - . M Defendant nor round because: C!T ? Moved • ? Unknown ? No Answer ? Vacant ? Other .?Tcc.tl REMARKS: RETURNED: ¦ $O ANOWElS, ?'I III of DeWrN Sheriff 16. Da ? V. 0072402008-0002 - d= ( ? /, ?? Sheriffs Service B. Signature of `W A". 19. Date Luzerne County Prothonotary 7122/2008 12:55:02 PM smint P OF LUMNE Cow" _ . ...-....?v..c?vvc ?cC?.C1ri VP iFiE >?liIRII?F'! RETi1RNIONATURE 22. Date Received OF AUTHORIZED MWING AUTHORITY AND TITLE. WHITE: Prothonotary PINK: Luzern* County Sheriff YELLOW: Attorney LUZERNE Fox (570) 825-1849 COUNTY SS ERIFF EPARTMENT (57 825-1651 2 0 NIOM RIVER STRE PW1tjKES-PENNSYLVANIA 18711 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF(S) 2. COURT NUMBER i 3. DEFENDANT(S) bg,cy O 4. TYPE OF WRIT Of COMPLAINT J 5. NAM INDIVIDUAL. Y, C P AT N, I CIVIL LdA SERVE • ?- ETC.. TO SERVICE OR I TOSELLYIED, ATTACHEVOR SOLD. AA 0 W A- L'- 11111111111101111- W Z-, h QS b. AD RESS (Stre®f, or RFD,?? ent No., ItY, Sara. Twp., State and Zip Code). f AT S Kt -7 ? 00 AJ "00 S 8 7. INDICATE UNUSUAL SERVICE: ERE MAIL ? DEPUTIZE ? POST 13 OTHER Now, 20 , I, SHERIFF OF LUZERNE COUNTY, PA., do hereby deputize the Sheriff of County to exec mai(s return thereof according to law. This deputation being made at the request and risk of the plaintiff =r1d, L srOF Couirv S. SPECIAL INSTRUCTIONS OR OTHER M FORMATION THAT WILL ASSIST IN EXPMDInf G SERVICE. AMOUNT PAID CA MW/TrM NAME AND ADII ? OF ATTOI A Mer97s&-, I& ?d, A-Ve/JU9 NOTE • ON WNW 9111 EXSOYnON: N.S. WAIINR OF WATCIMMN- deputy Sheriff MvykV upon or atl =N%any property unit wtom writ may leave same without o waWwnon. M custody of whomever is found In poaessian. after nowoV Person of leery of altacWrmo, without k b ft on the part of such dap(Jty or the #WW b any PW6- f.hW0 for any low deOuction or wrioval of any such properly, before OwErs sale thereof 10. 1 acknowledge recelpf of M» writ SIONATII Lof Aulhat Ldp Deputy 11. Doh or complaint as Indicated above TO SE COMPLETED BY SHERIFF I & Served and made known to on the cloy of . 20 , of at 2 r,3 r.n c.n Commonwealth of Pennsylvania. In the manner described below: ? Defendant(s) personally served. ? Adult family member with whom said Defendant(s) reside(s). Relationship is ? Adult in charge of Defendant's residence. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person In charge of Defendant's office or usual place of business. O lYOther F/f?he 0 day of Defendant not found because: ? Moved • ? Unknown ? No Answer ? Vacant ? Other REMARKS: RETURNED: 20(./ A . at o'clock, M SO ANSWERS, VS f Deputy M L V??. /v o 'I III IS. f 19 072402008 -0003 Sheriffs Service !7U4F44= Luzerne County Prothonotary uN OF LIAhMlE C011111TY 7/22!2008 1256:18 PM 22. Gate Received OF AUTHORIZED ISSUING AUTHORITr Arvu n,¢. 7 - 1"7 WHITE: Prothonotary PINK: Luzeme County Sheriff YELLOW: Attorney -, Defendant(s) o'clock, M, County of Luzernw T ??VI 1251 860 FAX (570) 825-1849 4L7ZERNE COUNTY SHERIFF'S DEPARTMENT LUZERNE COUNTY COURTHOUSE 200 North River Street Wilkes-Barre, Pennsylvania 18711 1 (570) 825-1651 G??, AMDITIS DATE MAY 27, 2008 PLA F NUMBER-7240-2008 VS ATTORNEY MICHAEL MRY DONALD D. REINFELD, ET AL DEFENDANT DONALD D. REINFELD 8516 WALDEN TRACK COURT INDIANAPOLIS, IN 46278 PHONE (570) 654-1322 TYPE CIVIL WRIT OF SANS DEAR SIR OR MADAM: ENCLOSED PLEASE FIND A TRUE AND ATTESTED COPY OF THE ABOVE CAPTIONED CASE, SERVED UPON YOU ACCORDING TO THE RULES OF CIVIL PROCESS. PLEASE BE GOVERNED ACCORDINGLY. 7Tjy OURS, -*!t C SHERIFF. LUZERNE COUNTY J ?. m 0 For 7F4 L. U E M1 Postage $ m Certlfied Fee C3 Postmark C3 Retum Receipt Fee Here C (Endorsement Required) Restricted DBHMFY Fee C3 (Endorsement Required) r u Total Postage & Fees $ ..D t o o ?Ssn T DONALD D. REINFELD N orP0BoxNb.*' 8516 WALDEN TRACE COURT ciry'seie:rP+ib?p$OR,IS, -- --- 49278 ---------------- ±. -t'.;? c.; - ..'i rl VITA !.. T 0 W Q c N O A e 7 N N y E 4S W ;Zb W 3 3 00 m n ?. H AAr U1 O O 14 Er ? . ru Er O A G1 ao?+ C3 O _ L-j C3 000 w p p $ 0 3 v 0 E3 3 8 Q n O ?g °> Z? Oil r. a m_5 c°:: O • m rA OOSi RD go R O N H 'O Cr CL j zc? m?CD ?N iI W N y O aw 'D O %4 y w ? m I m °D 1C P7 m d6 aI I m a 3 . . a p CIO v ? C N M o. CO 4 T C G U. N cam z O g W Id I^ ^ ?[ O •u., a D 0- c_ a N a c co 00 c C a 5 c U??CQ w N a N ? "." o v? ?z a ~ cc a ?o 0 a W ? c ? . 0 z Michael R. Mey, Esquire Atty. LD. No. 41441 Mey & Sails, L.L.P. 318 Penn Avenue GARY AMDITIS, Plaintiff VS. DONALD D. REINFELD MOHAWK INDUSTRIES Defendants No. 08-CV-7240 CERTIFICATE OF SERVICE I, Michael R Mey, Esquire, certify that I served a true and correct copy of the WRIT OF SUMMONS pursuant to Pa. R.C.P. 4007.2 via CERTIFIED MAIL on the 14' day of June, 2008 upon the following as evidenced by the attached Return Receipt: Donald D. Reinfeld 8516 Walden Trace Court Indianapolis, In 46278 MARY F. RINALOI A'u,,"'?''iA CINNTY Anthony J. Lupas, Jr., Esquire LD.001849 65 West Jackson Street Wines-Barre, PA 18701 10Q J? U T OF COMMON PLEAS UNTY REC RDS C IL 0fV sloi;l CIVIL ACTION - LAW Nu By wool %% . 91M 072402008 000 0 rvice Se 0, Certrf?cate Luzerne Gounty Prothonotary 71212008 2:22:03 PM N Ma C.7'1 t. ? j i? 0 ?. rr. S. pmvpl`ee Poems 1, 2, and 9. Also oompMe ftm 4 M Redbfoted DORMY is desired. • !MM your name and address on the reverse so to we can mtum the cmd to you. • ANNh ffft card to the back of the malipiece;. or an the front H space permks. 1. A ftb AdOsmsd to: ??1 p. Qea?S?k BSiI?? , AU?'?eo ?_2 C?LT? 7aa7 a220 a s 0 Ag" C. Deft of Dd /ZA ` f Z D. to ChOwy addrwe dlM Mt from Imm 1? 0 vas If YES, enter dWtmy address below: 0 No 3. 15 certllled Md 0 Bp m Md 0 PAWOmW D PAb" PAoW for Mw&mv iae 0 hauasd Mali Cl G.ft.D. 4. ResWCbd DeNwryt F-08 Feel 0 Ws 0002 764U,-6197 r f t co -ok 00 b ?. 1 D MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 12180-03265 Attorney for Defendant GARY AMDITIS, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff No. 09-1912 VS. CIVIL ACTION - LAW DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Michael R. Mey, Esquire MEY & SULLA, LLP 318 Penn Avenue Scranton, PA 18503 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN-"OGGIN By: Chri opher M. Reeser, Esquire Attorney for Defendant ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: May 15, 2009 .. p L MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 12180-03265 Attorney for Defendant GARY AMDITIS, Plaintiff vs. DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-1912 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. Answering Defendants do not have sufficient information to form a belief as to the truth or falsity of the allegation in Paragraph 1. 2. Denied. Defendant Donald D. Reinfeld is an adult individual who resides at 353 A Street, Carlisle, Pennsylvania, 17013. 3. Denied as stated. Mohawk Industries is not a fictitious business entity. Mohawk Industries is a corporation with a principle place of business located at 160 South Industrial Boulevard, Calhoun, Georgia, 30701. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that defendant Donald D. Reinfeld was operating a tractor trailer owned by defendant Mohawk Industries in an eastbound direction on Interstate 465 on May 25, 2006. It is denied that defendant Reinfeld suddenly and without M warning drove his tractor trailer into the rear of the tractor trailer being operated lawfully and properly by plaintiff. 6. Admitted. 7. Denied. COUNTI Gary Amditis v. Donald D. Reinfeld 8. No responsive pleading required. 9. The allegations of Paragraph 9 and subparagraphs 9(a)-9(k) are legal conclusions to which no responsive pleading is required. To the extent that the allegations in Paragraph 9 and subparagraphs 9(a)-9(k) are deemed to be factual, those allegations are denied pursuant to Pa.R.C.P. 1029(e). 10. (a-d) Denied pursuant to Pa.R.C.P. 1029(e). 11. Denied pursuant to Pa.R.C.P. 1029(e). 12. Denied pursuant to Pa.R.C.P. 1029(e). 1.3. Denied pursuant to Pa.R.C.P. 1029(e). 14. Denied pursuant to Pa.R.C.P. 1029(e). 15. Denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). 17. Denied pursuant to Pa.R.C.P. 1029(e). 18. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants request this Honorable Court grant judgment in their favor. Defendants demand a jury trial. 2 r COUNT II Gary Amditis v. Mohawk Industries 19. No responsive pleading required. 20. The allegations of Paragraph 20 and subparagraphs 20(a)-20(k) are legal conclusions to which no responsive pleading is required. By way of further answer, it is admitted that defendant Donald Reinfeld was an agent of defendant Mohawk Industries while operating a tractor trailer on Interstate 465 on May 25, 2006. All allegations of negligence, to the extent that those allegations are deemed to be factual, are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. WHEREFORE, Defendants request this Honorable Court grant judgment in their favor. Defendants demand a jury trial. NEW MATTER 22. Plaintiffs' claims or any amendment to those claims may be barred by the applicable statute of limitations. 23. Upon information and belief, some or all of plaintiffs' claims for lost wages and/or loss of earnings capacity have been paid or are payable by collateral sources and are therefore, not recoverable from defendant under § 1722 of the Motor Vehicle Financial Responsibility Law. 24. Upon information and belief, some or all of Plaintiffs' medical expenses have been paid or payable by collateral sources and are therefore, not recoverable from Defendant under § 1722 of the Motor Vehicle Financial Responsibility Law. 25. Plaintiffs' claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 PA.C.S. §7102 or all Common Law or statutory Comparative/Contributory Negligence defenses available under Indiana law 3 ,44% 26. Defendants plead and preserve all available affirmative defenses available under Indiana Motor Vehicle law. 27. Defendants are entitled to any offsets for collateral source payments to which it is entitled under Indiana law. WHEREFORE, Defendants request this Honorable Court grant judgment in their favor. Defendants demand a jury trial. MARSHALL DENNEHEY WARNER COLEM OGGIN By: Christop er M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: Mayl5, 2009 4 As- VERIFICATION I, Christopher M. Reeser, Esquire, Attorney for Defendant, Donald D. Reinfeld and Mohawk Industries, verifies that the facts set forth in Defendants'Answer to Plaintiffs Complaint are true to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. CHRISTOPHER M. REESER, ESQUIRE DATE: May 15, 2009 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 12180-03265 Attorney for Defendant GARY AMDITIS, Plaintiff VS. DONALD D. REINFELD and MOHAWK INDUSTRIES, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-1912 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 15, 2009, I served a copy of Defendants' Answer with New Matter via First Class United States mail, postage prepaid as follows: Michael R. Mey, Esquire MEY & SULLA, LLP 318 Penn Avenue Scranton, PA 18503 Christopher M. Reeser C.' T ?. ?'.J j i ii i i V i ?f ? ?9 • tJ ?+ f t. ?; . . j' MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 12180-03265 Attorney for Defendant GARY AMDITIS, VS. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-1912 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION DONALD D. REINFELD and MOHAWK INDUSTRIES, TO THE PROTHONOTARY: Please substitute the attached Verification of Donald Reinfeld for the Verification of Christopher M. Reeser, Esquire, which was attached to defendant's Answer with New Matter filed on May 18, 2009. MARSHALL DENNEHEY WARNER COLEMAN -&?GOGGIN By: ( 7 Christopher M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: June 26, 2009 i" VERIFICATION I, Donald Reinfeld, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. NALD REINFELD 12180-03265/awnm 6 el MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 12180-03265 Attorney for Defendant OF nHENpraRr 1099 JUN 29 PH 1: 0 9 CWB&= t -41) t?JUMY PEMZYi.VA( w GARY AMDITIS, vs. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-1912 CIVIL ACTION - LAW DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on June 26, 2009, I served a copy of Defendants' Praecipe to Substitute Verification via First Class United States mail, postage prepaid as follows: Michael R. Mey, Esquire MEY & SULLA, LLP 318 Penn Avenue Scranton, PA 18503 Christopher M. Reeser RL?FFlCE OF Ile FF-O MTAW 209 JUN 29 FM t: 09 Q%NSY4VANlA AUG (~ 7 2009 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Cruets Mill Road, Suite B Hamsburg, PA 17112 717-651-3509 Our File No. 12180-03265 Attorney for Defendant GARY AMDITIS, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. No. 09-1912 CIVIL ACTION -LAW DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on August 4, 2009, I served a copy of Defendants' Motion to Compel Complete and Sufficient Answers to Interrogatories and Request for Production of Documents via First Class United States mail, postage prepaid as follows: Michael R. Mey, Esquire MEY & SULLA, LLP 318 Penn Avenue Scranton, PA 18503 Attorney for Plaintiff Chns opher M. Reeser ~,.~j r ` ..1~ _ ~,.~ L rL. E r ~ ~*~';~''d ~...~ i ~`' ~ , ,. ~~ r ~ '° , , ~~~„~ GARY AMDITIS, Plaintiff vs. DONALD D. REINFELD and MOHAWK INDUSTRIES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-1912 CIVIL JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL OF DEFENDANTS ORDER AND NOW, this /o ` day of August, 2009, a brief argument on the defendants' motion to compel is set for Thursday, September 3, 2009, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Michael M. Mey, Esquire For the Plaintiff / Christopher M. Reeser, Esquire For the Defendants rlm ~oD -ES m~.t l£Cl~ S f ec /~v 21C~ ~';u;~ ~ i ~-i i~~~ ~ I lJl.~~l~ ~. ,~ti i Sr AUG 0 7 2009 (~ MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Cruets Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 12180-03265 Attorney for Defendant GARY AMDITIS, vs. Plaintiff : DONALD D. REINFELD and MOHAWK INDUSTRIES, . Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-1912 CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER AND NOW this 4/' day of ~,,,`,,,.~y , 2009, upon consideration of the Motion to Compel Complete and Sufficient Answers to Interrogatories and Request for Production of Documents filed by Defendants, Donald Reinfeld and Mohawk Industries, it is hereby ORDERED that Plaintiff, Gary Amditis, produce full and complete answers to Defendant's Interrogatories and Request for Production of Documents within fifteen (15) days of the date of this Order, or be subject to sanctions pursuant to Pa.R.C.P. 4019. BY THE COURT: s Distribution List: / Michael R. Mey, Esquire MEY & SULLA, LLP 318 Penn Avenue Scranton, PA 18503 Attorney for Plaintiff ./ Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant C~~ ~ ~ ~ .r,.~:~L~ Q~'~[~ ~~ FlL~~t-r~CE t3F TNT ~~C~~~~7A~?Y 2aQ9 SEP -4 PIS 2= 5 9 C~U4!~w~i;~'du ~;JJI~~ fY' t~r~NSnv~sv~ r, IN THE MATTER OF: GARY AMDITIS CERTIFICATE PREREQIIISITE TO SERVICE OF A SUBP~ 't~i1~" `f PURSUANT TO RULE 4009.22 ry01n ~~# ~ _~ ~~ ~: ~~ u~~fa~ d~IU~~I'~:'~6~'%~~~IMON PLEAS -VS- DONALD D. REINFELD AND MOHAWK INDUSTRIES TERM, CUMBERLAND CASE NO: 09-1912 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/17/2010 MCS on b a, of /S/ _ CHRIST PHER REESER, ESQ_ Attorney for DEFENDANT R1.94S 144-H DE11-1093621 19083-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY AMDITIS -VS- DONALD D. REINFELD AND MOHAWK INDUSTRIES - 12180-03265 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LEO E. OAKCHUNAS MEDICAL, BILLING, AND X-RAY(S) DR. PAUL F. REMICK, D.O. MEDICAL, BILLING, AND X-RAY(S) TO: MICHAEL R. MEY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/23/2010 CC: CHRISTOPHER REESER, ESQ. MICHAEL R. MEY, ESQ. MEY & SULLA 318 PENN AVENUE SCRANTON, PA 18503 COURT OF COMMON PLEAS TERM, CASE NO: 09-1912 MCS on behalf of CHRISTOPHER REESER, ES Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.94S 144-H DE02-0651584 19083-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY AMDITIS vs. File No. 09-1912 DONALD D. REINFELD AND MOHAWK INDUSTRIES SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ LEO E. OAKCHLINA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTAC D iD R **** at The M ro ~n Inc 1601 Market street Snit 800 Philad ~phia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _CHRISTOPHER REESE _ ES ADDRESS: 4200 CRiIMfi Mlr.r. Roman TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ~MA~I 17 2010 Date: ~ ~. ~- , ~. U / Seal of the Court B THE COURT: f \ n ry/Clerk, Civil Division Deputy 19083-01 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: LEO E. OAKCHUNAS 120 WYOMING AVE. WYOMING, PA 18644 RE: 19083 GARY AMDITIS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject GARY AI~IDITIS 90 ROCK STREET, PITTSTON, PA 18640 Social Security #: XXX-XX-7240 Date of Birth: 05-07-1951 R1.94S 144-H SU10-0840024 19083 -LOl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY AMDITIS TERM, CUMBERLAND -VS- CASE NO: 09-1912 DONALD D. REINFELD AND MOHAWK INDUSTRIES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/17/2010 MCS on b /S/ _ CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT R1.94S 144-H DE11-1093624. 19OH3-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY AMDITIS vs. File No. 09-1912 DONALD D. REINFELD AND MOHAWK INDUSTRIES SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ DR. PAUL F FMI K D O (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: __ **** SEE ATTA D ii1F.R **** at The MCA ('ro~p Inc 1601 Market treet ~itP 800 Philadelphia PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _CHRISTOPHER REESE _ ES ADDRESS: 4200 CRi lMR Mir .r . u n a n TELEPHONE: (2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Prothonotary/Cler Civil Division ~~ 1 t~ ~° ~ ~ oZ Q ~ (~ Deputy Date: ld-~ Seal of the Court 19083-02 T ~ . EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: DR. PAUL F. REMICK, D.O. 1721 N: MAIN AVE. SCRANTON, PA 18508 RE: 19083 GARY AMDITIS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject GARY ANIDITIS 90 ROCK STREET, PITTSTON, PA 18640 Social Security #: XXX-XX-7240 Date of Birth: 05-07-1951 R1.94S 144-H SU10-0840026 19083 -L02 ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GARY AMDITIS -VS- DONALD D. REINFELD AND MOHAWK INDUSTRIES Cu~r.~~ ;. ,-Y,,, . ~~~vE . COURT OFCOMMON PLEAS TERM, CUMBERLA~7D CASE NO:'09-1912 As a prerequisite to service of a subpoena for documents and thugs pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of ',the subpoena attached thereto was mailed or delivered to each party ~t least twenty days prior to the date on which the subpoena is Sought to be served, ', (2) A copy of the notice of intent, including the proposed Subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the s~,abpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/07/2010 MCS o if of (A,l3o~f o < /S ~ ,.: CHRISTOPHER REESER, ESQ. / Attorney for DEFENDF~NT R1.95S 144-H DE11-1106813 19083-L03 i~ •~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY AMDITIS -VS- DONALD D. REINFELD AND MOHAWK INDUSTRIES LINDA D. BARRASSE, M.D. MEDICAL RECORDS & BILLING COURT OF COMMON PLEAS TERM, CASE NO:109-1912 TO: MICHAEL R. MEY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, ESQ. intends to servel,a subpoena identical to the one that is attached to this notice. You have t}aenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense ~y completing the attached counsel card and returning same to MCS or by contacjting our local MCS office. DATE: 05/14/2010 MCS on behalf of CHRISTOPHE~Z REESER, ESQ. Attorney for DEFENDANT CC: CHRISTOPHER REESER, ESQ. - 12180-03265 I THE MCS GR UP INC. MICHAEL R. MEY, ESQ. 1601 MARKET STREET MEY & SULLA #800 318 PENN AVENUE PHILADELPHIA, PA 19103 (215) 246-.0900 SCRANTON, PA 18503 R1.95S 144-H DE02-0662141 19083-COl COMMONWEALTH OF PENNSYLVANIA ' ~ COUNTY OF CUMBERLAND GARY AMDITiS File No. 09-1912 vs. DONALD D. REINFELD AND MOHAWK INDUSTRIES BPOENA TO PRODUCE DOCUMENTS OR THIN FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to documents or things: _ * * * * SEE ATTACHED RIDER at You may deliver or mail legible copies of the documents or produce things requested by (his 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 (2q') days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. ', THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON,, NAME: CHRISTOPHER REESER ES ADDRESS: 4200 CRUMS Mi1,i, RnAI~ TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: . Prothonotary/Clerk, ~tt (~ +y (~ R Deputy - Date: ~~~ l~ Seal of ,he ~oart the following 19083-03 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: LINDA D. BARRASSE, M.D. 746 JEFFERSON AVENUE SCRANTON. PA 18510 RE: 19083 GARY AMDITIS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any records, correspondence to and from the consulting and/or treatir files, memoranda, handwritten notes, history and physical report: prescription records, including any and all such items as may be computer database or otherwise in electronic form, relating to ar consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject GARY A1rIDITIS 90 ROCK STREET, PITTSTON, PA 18640 Social Security #: XXX-XX-7240 Date of Birth: 05-07-1951 and all g physicians, medication/ stored in a y examination, R1.95S 144-H SU10-0845112 19083 -L03