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HomeMy WebLinkAbout09-3705IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o9-.3r705 Clvilom Civil Action - Law JURY TRIAL DEMANDED John Moore and Tammie Moore, PPG Industries, Inc. husband and wife, 2550 Old Trail Road Versus One PPG Place York Haven, PA 17370 Pittsburgh, PA 15272 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) KARL J. JANUZZI, ESQUIRE Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, Pennsylvania 17025 (717) 728-3200 ey ( x ) Sheriff of Attorney Court I.D. No. 65575 05/26/09 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): PPG INDUSTRIES, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: 1,14 09 Pr onotary/C u - Civil Division by Deputy ( ) Check here if reverse is issued for additional information FILED-OFFICE' OF THE PRO?MIMOTARY 2009 JU4 -4 PM 1= 14 CtjA E. ='A' Li WUIN Y PENISYI.VANLA $ r18. 5o Po A-'r`I W M48 0* aaco a q I Sheriffs Office of Cumberland County R Thomas Kline a r tr of clurthrr/ ?D Edward L Schorpp Sheriff. Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE C?r I -E skERIFF Civil Process Sergeant John Moore vs. PPG Industries, Inc. Case Number 2009-3705 SHERIFF'S RETURN OF SERVICE 06/08/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: PPG Industries, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Allegheny County, PA to serve the within Writ of Summons according to law. 06/12/2009 01:28 PM - Allegheny County Return: And now June 12, 2009 at 1328 hours I, William Mullen, Sheriff of Allegheny County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: PPG Industries, Inc. by making known unto Mr. Galager, adult in charge at One PPG Place Pittsburgh, PA 15272 its contents and at the same time handing to him personally the said true and correct copy of the same. 14 SHERIFF COST: $37.00 June 23, 2009 ? y C- n he Court of Common Pleas of Cumberland County, Pennsylvania John and Tammie Moore PPG Industries, Inc. VS. JW 1Z 6Z?5 One PPG Place Pittsburgh, PA 15272 Civil o. 2009-3705 Now, June 8, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the'Sheriff of llegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20() ?, at 13 o'clock P M, served the within upon KX at by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE_ MILEAGE_ AFFIDAVIT County, PA Request for Service R. Thomas Kline, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA i7oi3 Ph: 717.240.639o Fx:717.240.6397 Plaintiff/s: John Moore and Tammie Moore, husband and wife Defendant/s: Serve Upon: PG Industries, Inc. Manager Type of Service: r; Adult in Charge F- Special Service Instructions: Personal ? Deputize (- Certified Mail (-, Posting **Copy of Court Order Required with Posting** serve office manager/person in charge *If service is to be made by deputized service to another county please specify which county* [Allegheny County Filing Attorney: Name: Karl J. Januzzi, Esquire/SholIenberger & Januzzi, LLP Address: 2225 Millennium Way Enola State F 17025 Phone Number: +1 (717) 728-3200 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOHN MOORE, Plaintiffs V., PPG INDUSTRIES, INC., Defendants L"Ji?OCT 24 Pt I: 60, PI;' ??CYLIVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3705 CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I hereby accept service of the Complaint on behalf of the Defendant, PPG Industries, Inc., and certify that I am authorized to do so. David C. Gallagh r, Esquire Attorney for Defendant Dated: October q-, 2012 21109-??O5 CNIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COt1N~Y, 1?ENNSYLVANIA JOHN MOORS, Plaintiff, v. PPG INDUSTRIES, INC. , CIVIL DIVISION No. 2009-3705 ENTRY OF APPEARANCE Filed on behalf of Defendant, PPG Industries, Inc. Defendant. Counsel of record for this party Christopher D. Stofko, Esquire PA LD. # 81.979 DICKIE, MCCAMEY & CHILCO"TE, P.C. Firm #067 Two PPG Place, Suite 40CI Pittsburgh, PA 15222-5402 (412) 281-7272 Christine L. Line, Esquire PA LD. # 93257 DICKIE, MCCAMEY & CHILCO"hE, I'.C. Firm #067 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 (717)731-4800 JURY TRIAL DEMANDED ?_01)~~ ;~?05 C1V[L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN"I'Y, PENNSYLVANIA JOHN MOORS, CIVIL DIVISION ~ ~ ~ ==a Plaintiff, No. 2009-3705 CIVIL -~3 -- ^' --~ -~ _., ~~ ~ r~rj('~" ~~• Cn~' fV ~r_7 ~A ~ ~, PPG INDUSTRIES, iNC. , ~, ~_~~ ~ ~-n ;~ C;, ~' ~' x ~ ::~ ~_, _ . `'r ~~} Defendant. . ~ <.n z~ ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as co-couitisel for Defendant, PPG Industries, Inc., in the above-captioned matter. Respectfully submitted, DICKIE, McCAMEY & CHILCO'TFs, P.C. ~,,,~° ~ ~ r y s, ~( By -. C ristine Line, Esquire Attorney LU. No. 93257 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorne~~ for Defendant PPG Industries, Inc. 20119-:705 CI .<~, V ~~ C7 3 ~ `' Q r~ ~~ ~1 -Y" ~ . ~~ -Tt ~, C- ' ~` . .~~- `~ ,fit.`` °~ ,n ---- -r =~ :, ; ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN~hY, PENNSYLVANIA JOHN MOORE, Plaintiff, v. CIVIL DIVISION No. 2009-3705 DEFENDANT'S PRELIMINARY OBJECTIONS PPG INDUSTRIES, INC. , Defendant. Filed on behalf of Defendant, I'I'G Industries, Inc. NOTICE TO PLEAD Counsel of record for this parh-: Christopher D. Stofko, Esquire PA I.D. # 81979 TO: Plaintiff You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff's Complaint within twenty (20) days from the date of service hereof or a judgment maybe ~;rCt~e~~gainst you. _r / B ~' ~ / ~ Y~ Christine L. Line, Esquire DICKIE, MCCAMEY & CHILCOTI:, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Christine L. Line, Esquire PA LD. # 93257 DICKIE, MCCAMEY & C'HII_.CO"I~'E, P.C. Firm #067 Plaza 21, Suite 302 425 North 21st Street Camp Hill., PA 17011.-2223 (717)731.-4800 JURY TRIAL DEMANDED ?Oll9-:'705 CNIT, IN ~1~HE COURT OF COMMON PLEAS OF CUMBERLAND COI:IN'Tl', PENNSYLVANIA JOHN MOORE, CIVIL DIVISION Plaintiff, No. 2009-3705 CIVIL v. PPG INDUSTRIES, INC. , Defendant. DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, PPG Industries, Inc. ("PPG"), by and through its attorneys, Dickie, McCamey & Chilcote, P.C., and files the following Preliminary Objections and avers as follows: I. In June 2009, Plaintiff, John Moore, initiated the instant lawsuit by filing a Writ of Summons. ?. On October 4, 2012, Plaintiff filed a Complaint. ~_ In his Complaint, Plaintiff alleges that he was employed as a union electrician through IBEW Local 143 and was contracted by Henry F. Teichmann, Inc. to perform work at a PPG facility in Carlisle, Pennsylvania. =I. Plaintiff claims that he was performing electrical work at khe facility on December 9, 2008 and as part of his employment he was performing electrical work approximately 20 feet above ground. on a catwalk. 5. Plaintiff then alleges that while performing his job duties his left toot and leg unexpectedly fell through an opening in the walkway. ~(~11~~= i 05 CNII, h. Plaintiff claims injuries as a result of the alleged accident. 7. Plaintiff's Complaint: is deficient under the Pennsylvania Rules of Civil Procedure and Pennsylvania law. ~. Specifically, Plaintiff's Complaint allegations of recklessness and carelessness are improper. 9. Accordingly, Defendant files these Preliminary Objections to dismiss portions of Plaintiff's claim against Defendant. Plaintiffs Allegations of Reek~lessness are Inappropriate, Scandalous rnui Inihertinent m2c~ Should be Stricken. 10. Plaintiff's one and only count sounds in negligence and it is negligence which is alleged to have caused harm. 11. Yet, Plaintiff improperly claims that the same negligent conduct was also careless and reckless. See Complaint, ¶ 15. l2. Such an allegation is inappropriate in a negligence claim as such a claim does not import an evil motive or reckless indifference to the rights of others. Additionally, such allegations are impertinent and scandalous. Pa.R.C.P. 10?h. 13. It has been held. that where the allegations of a Complaint detail the allegedly negligent conduct of the L>efendant, it is not sufficient to merely allege that the same conduct was also reckless. The Complaint must allege facts that indicate in what manner the Defendant knew or had reason to know that his conduct invol~ ed a high probability of substantial harm to others. Van Ingen z~s. Wentz, 70 D&C 2d 5~~5 (Pa C.P. 1975). 2 ~(li)9-705 CIVIL 14. Additionally, as the Pennsylvania Superior Court pointed aut ia7 RRtti z~. Whcelirig Pittsburgh Steel Corp., 758 A.2d 695 (Pa. Super. Ct. 2000), "there is a substantive difference between ordinary negligence and gross negligence. The general consensus finds gross negligence constitutes conduct more egregious than ordinary negligence." Rr~tti, 758 f~.2d at 7Q3. 15. Other than merely listing purportedly negligent acts omissions, Plaintiff's Complaint contains no allegations that this Defendant knew or had to reason to know of facts which would have lead a reasonable man to realize that Defendant's conduct created an unreasonable risk of physical harm substantially greater than that which is necessar~~ t:o make his conduct negligent. 7 6. Additionally, Plaintiff's Complaint does not contain any allegations that the conduct of the Defendant rose above ordinary negligence. In essence, the Plaintiff has alleged that the alleged acts or omissions on the part of 1?PG are at the same time negligent, grossly negligent and :reckless. Such cannot be the case and therefore, Defendant respectfully requests that any references to careless and reckless ire Plaintiff's Complaint be stricken. 3 ?009-3705 CIVIL WHEREFORE, for the reasons stated above, Defendant, PPG [nelustric~s, Inc., respectfully requests that this Honorable Court enter an Order sustaining (:he within Preliminarv Objections. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE,, P.C ~r°~ > 1 -~ , $y ~ ~ /// - ---- . C ristine Line, Esquire Attorney for Defendant PPG Industries, Inc. 4 ?~)(l9-:.705 CIVIL IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY; :=-i, PENNSYLVANIA t},~ JOHN MOORE, CIVIL DIVISION ~ ~- Plaintiff, No. 2009-3705 CIVIL -- ~~.-- -- _... t,_ ~,+ V• PPG INDUSTRIES, INC. , Defendant. JURY TRIAL DEMANDED CERTIFICATE CAF SEI:~'ICE AND NOW, October 29, 2012, I, Christine L. Line, Esquire, hereby certify that I did serve a true and correct copy of the :Foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the tJ.S. ;mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Karl ). Januzzi, :Esquire Shollenberger &Januzzi, LLP 2225 Millennium Way Enola, PA 170"1.5 (Counsel for Plaintiff) Christine Line, Esquire 2011}-370,`i CNIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~_ `:_ JOHN MOORE, CIVIL DIVISION ~ `. '. ~,, . . _ . _- :Plaintiff, No. 2009-3705 CIVIL v. ~ ~~ ~. "-= ` -. ,.. .._. . r.. ~..;..ry PPG INDUSTRIES, INC. , Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, October 29, 2012, I, Christine L. Line, Esquire, hereby certify that I did serve a true and correct copy of BRIEF IN SUPPORT OF DEFENDANT'S PRELIMINARY OBJECTIONS upon all counsel of record by depositing, or causing to be deposited., carne in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: B~ First-Class Mail: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (Counsel for Plaintiff) 0 , 'i~ ,~ Christine Line, Esquire ~~~~~~~-3~0~ ctvli_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN MOORE, Plaintiff, v. PPG INDUSTRIES, INC. , Defendant. CIVIL DIVISION No. 2009-3705 CIVIL ,; ~- : - ~..~ . r~• JURY TRIAL DEMANDED CERTIFICATE C?F SER.VICE AND NOW, October 29, 201"L, I, Christine L. Line, Esquire, hereby certify that I did serve a true and correct copy of DEFENDANT'S PRELIMINARY OBJECTIONS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Karl J- Januzzi, Esquire Shollenberger &Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (Counsel far Plaintiff) ~' ~~ ,~, ,~ _.~ a ._ _' ,, ,: ~ Christine Line, Esquire •1435547 !.. i ~ ~ ~ , ~. _ i, i , / ~5 ~J ~t% a. ~i }!r.#1 ` . Flt ~. ~'T n {f~4¢~ ~ ' ! l1 r ~ ~ i. jj++ f' 2009-3705 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN MOORS, CIVIL ACTION Plaintiff, 2009-3705 ~' Issue No. PPG INDUSTRIES, INC., pRAECIPE TO ENTER APPEARANCE Defendant. Code: Filed on behalf of Defendant, PPG INDUSTRIES, INC. Counsel of record for this party: Christopher D. Stofko, Esquire PA I.D.# 81979 Christine L. Line, Esquire PA I.D.# 93257 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN MOORE, CIVIL ACTION Plaintiff, v. PPG INDUSTRIES, INC., Defendant. NO. 2009-3705 JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY: Kindly enter the appearance of Christopher D. Stofko and Theresa Folino, Esquire as counsel for PPG Industries, Inc., Defendant in the above-captioned matter. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. Date: r ~ / 2. Date: /l/g//Z. By: Christopher D. Stoflco, Esquire PA I.D.# 81979 By: Theresa Folino, E re PA LD.# 208013 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendant, PPG Industries, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE has been served on this 8`h day of November, 2012, by U. S. first-class mail, postage prepaid, to following counsel of record: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 (Counsel for Plaintiff) DICKIE, McCAMEY & CHILCOTE, P.C. By: C pher D. Stofko, Esquire Christine L. Line, Esquire Theresa Folino, Esquire Counsel for Defendant, PPG Industries, Inc. ~HC>L..LENBEF;GER & JANUZZI, LLP 2225 Millennium Way Enola. Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number; (717) 728-3400 Attorneys for Plaintiff „OHIV MOORS, Plaintiffs v. PPG INDUSTRIES, INC., Defendants IN THE COUF;T OF COMM'ION PLEAS CUMBERLAND COUNTY PE.NNSYLVAP~IA Nta. 09-3705 CIVIL ACTIO[`J -LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWERS TO DEFENDANT'S PRELIMINARY OBJECTONS AND NOW comes the Plaintiff, JOHN MOORS, by and through his attorneys, SHOI_LENBERGER & JANUZZI, LLP, and files i:he following Answers to Defendant's Preliminary Objections, as follows. Admitted. Admitted. Admitted. Admitted. Admitted. By way of further answer, Plaintiff also alleger_I' treat the opening was uncovered and abandoned when he fell. Admitted. Denied. It is specifically denied that Plaintiff's Complaint is deficient. To the contrary, Plaintiff's Complaint is pled with the specificity rF~quired under the Pennsylvania Rules of Civil Procedure and Pennsylvania law. `'3 Denied. It is specifically denied that allegations of reca~clessness and carelessness are improper. To the contrary, the allegations set fertl^ in the Complaint specifically allege that Defendant knnew or should have knc:~~~rn of the r+sk it created c>r allowed to exist, giving rise to conduct i:hat was rec4,le~~s and careless in character. '~~ No answer required. 0. Denied. It is specifically denied that Plaintiff's Complaint ::,ocnds in negligence only. To the contrary, the allegations that Defendant knew car should have known of the risk it created or allowed to exist rises to reckless indifference. Denied. It is specifically denied that Plaintiff's clarm~. that Defendant's negligent conduct was also carele>s and reckless was imprcap~~r. To }f•~e contrary, PI<~intiff's averments that Defendant knew or .should have ~n~~wn of the ri:>k. it created or allowed tc~ exist, among others, properly supports allegations ~~~` carelessness and recklessness. '? 2 Denied. It is specifically denied that Plaintiff's allegations rto not import :~ claim of reckless indifference. To the contrary, Plaintiff's al~iegatians srappor* a claim of reckless indifference toward others, and as such. a„e not impertinent or scandalous. 3. Admitted. By way of further answer, Plaintiff's Complaint alleges facts that Defendant knew or had reason to know that the conduct tn~aived a hir~h probability of substantial harm to others in that, among othe!~ things, Defendant knew or should have known of the risk it created or allowed tca exist. 14 Admitted. By way of further answer, Plaintiff's Complaint sets forth ~$ven~nents that rise beyond the level of ordinary negligence. 15 Denied. It is specifically denied that Plaintiff's Complair~~~ c,~~ntains no allegations i:hat Defendant knew or had reason to kno~rv of facts th~~t c°reated an increased unreasonable risk of physical harm above ordinary negligen ,e. To t~~e contrary, Plaintiff specifically alleged in his Complaint that Defendarrr: kr7ew or should have known of the risk it created or allowed to exist. ~ 6. Denied. It is specifically denied that Plaintiff's Complaint ccantains nr, allegations that Defendant's conduct rose above ordinary negligenc;c~ ~o the contrary, Plaintiff's allegations that Defendant M;new or should have knc:~wn of the risk. it ~,reated ar allowed to exist, and that it violated federal and state laws and rF~gula~ions. support that Defendant's conduct rase to the level c>'f reckless indifference. ~NHEREf=ORE, Plaintiff respectfully requests this Hanorak7!~e ~:,ourt werru~e Defendant's Preliminary Objections. Respectfully submitted, SHOLL_ENBERGEI~ & JANUZZ L l_P BY: ____ __ Karl nu;?zi, Esquire At rney or Plaintiff Dated: November /,~ , 2012 • VERIFICATION • ~ John Moore ___ hereby acknowledge that I am a PlaintiF'' En this action Preliminary Obi cti ns and that i ~~~vE:~ rend the Answers to Defendan±!s,____ and that tehcracts stated here~~n a~~f ~~~_~~ ~nci correct to the best of my knowledge, information ant f,~~~lie` ! ~., ; -1~rti.t,~ncl that any false statements herein are rnade subject tc~ pE~n~~lties of 18 F'a. c ' `; :cti~,n 4~~04, relating to unsworn falsification to authorities. _.Signature ~'. .. `.,- Date 1 1 5 1 2 G~GL(JFF;L~b~, ~. ~;<^-sI:);-)CS~INITIAL CONSULT DOCS (SET-UPS)AVerification wpd SHOLLENBERGER 8 JANUZZI. LLP "~5 Millennium Way, Enola, PA 1?025 1717) 728-3200 ~ FAX (71')'28-3206 ~HC>LLENBERGER & JANUZZI, LLP ~r225 Millenniurn Way E~nola Pennsylvania 17025 "elephone Number; (717) 728-3200 E ax Number: 0717) 728-340C1 Attorneys for Plaintiff - _~ ..10E-1N MOORE=, Plaintiffs v ~'PC~ INDUSTRIES, INC., Defendants 1PJ THE COUIRT OF COMMON PLEAS CUMBERLA~JD COUNT`r' PENNSYLVANIA NO. 09-3705 CIVIL ACTION -LAW JURY TRIAL DEMANDEC) CERTIFICATE OF SERVICE AND NO'W this ~-~ day of November, 2012, I hereby certify th~~~t I have served a true and correct copy of Plaintiff's Answers to Defendant's Preliminary Objections by United States mail, postage prepaid.. addressed to: Christine Line, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C'., Plaza 21, Suite ?'•02 425 North 21St Street Camp Hill, PA 17011-222.3 ,' t ;' By: ---- --_-__. __. _ Karl . Januzzi, Esquire F'~.~- ~, PRAECIPE FOR LISTING CASE FOR ARGUMENT 1'Must be typewritten and submitted in triplicate) TO -': HE PROT!-iONOTARY OF CUMBERLAND COUNTY: (List the within matte• for the- next Argument Court.) December 21, 2012 CAP rION OF CASE (entire caption must be stated in full) JO~iN MOORE, vs. PP;~ INDUSTRIES, INC. r~o 3705 2009 1 erm 1 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's dem~arr=r- t~ complaint, etc.): DefendanPS ~-rehminary Objections Identify all counsel who will argue cases: ~a} for plaintiffs: Karl J. Januzzi, Esquire (Name and Address) 2225 IVlillennium Way, Enola, PA 17025 (b) for defendants: Christine Line, Esquire _~-- (Name anc9 Address) Plaza 21, Suite 302, 425 N. 21st St., Camp Fill, PA ~? 7Ci 1 °' _~ I will nofify all ,parties in writing within two days that this case has been lstec for ,argument Argument Court Date: ~~ecember 21. 20?Y 11 /15/12 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 1~ days prior to argume~ 7t. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs rriust be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Signatur~ ~----~ --_.._.__ _.-- t__ t s ~_ ~ ~~~ ! Print your name Plaintiff r ~.,~'/~~ ';~.# ! ~s ai~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOORE Vs. NO. 2009 3705 PPG INDUSTRIES INC > CERTIFICATE ¶ PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 170 C—Dc, As a prerequisite to service of a subpoena (s) for documents and Ong pursuant to Rule 4009 .22 CHRISTINE LINE, ESQUIRE certifies that : 1 . A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena (s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena (s) is sought to be served, 2 . A copy of the Notice of Intent, including the proposed subpoena (s) is attached to this certificate, 3 . No objection to the subpoena(s) has been received, and 4 . The subpoena(s) which will be served is identical to the subpoena (s) which is attached to the Notice of Intent to Serve the Subpoena (s) . Date: 10/03/13 CHRISTINE LINE, ESQUIRE 425 NORTH 21ST ST SUITE 302 PLAZA 21 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT / INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 By: Dawn Smith MLR File #: M414839 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOORE Vs . PPG INDUSTRIES INC No. 2009 3705 TO: KARL JANUZZI, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena (s) identical to the one (s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 09/12/13 CHRISTINE LINE, ESQUIRE 425 NORTH 21ST ST SUITE 302 PLAZA 21 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Tara Yeager Enc (s) : Copy of subpoena (s) Counsel return card File #: M414839 CONMJNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOORE •• Vs . • File No. 2009 3705 • PPG INDUSTRIES INC • SUBPOENA TO PRODUCE DOCUMENTS OR TH i NGS BILLING REQUESTED FOR DI SOOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or i gs: SEEA .l • Ail It / , - at MEDICAL LEGAL REPRODUCTIONS(,AdEles's)4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested h this subpoena, together with the certificate of carp i i ance, to the party making th 1 request at the address listed above. You have the right to seek in advance the rea.onab ft 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 serv:ce, the party serving thi, subpoena may seek a court orde;- ( pelting you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTINE LINE, ESQ ADDRESS: 42's NORTH 21ST ST CAMP HILL, PA 17011 TELEPHONE: SUPRE!•E COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M414839-01 ® I ,,Prothonot= y/Clerk, Civil Division DATE: Sea l o the Court •.Jii *l411 Deputy (Eff. 7/97) ._. . . ADDENDUM TO SUBPOENA MOORE Vs . No. 2009 3705 PPG INDUSTRIES INC CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP ANY AND ALL COPIES OF MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, PHYSICAL THERAPY RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS . PERTAINING TO: NAME: JOHN MOORE ADDRESS : DATE OF BIRTH: 04/01/71 SSAN: XXXXX5312 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDSAREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HOLY SPIRIT HOSP CUMBERLAND M414839-01 * * * SIGN AND RETURN THIS PAGE * * * CONMNWEALTH OF PENNSYLVANIA COUNTY OF CIJMB TAND • MOORE Vs . File No. 2009 3705 • PPG INDUSTRIES INC MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR TH I NC3S FOR DISCOVERY PURSUANT TO RULE 4009.22 ORTHO INST OF PA, 3399 E TRINDLE RD, CAMP HILL PA 17011 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or gs: SLItA ,ii Ali - `-i11- Y at + MEDICAL LEGAL REPRODUCTIONS(,AAes)4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested b; this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court order c arpe l l i ng you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTINE LINE, ESQ ADDRESS: 425 NORTH .1ST ST CAMP HILL, PA 17011 . TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M414839-02 _- . )1(/DATE: . I l Proth tart'/Clerk, Civil Division Seal of the Court �`, �� s. • r ► ,r `• 3 • Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MOORE Vs . No. 2009 3705 PPG INDUSTRIES INC CUSTODIAN OF RECORDS FOR: ORTHO INST OF PA ANY AND ALL COPIES OF MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, PHYSICAL THERAPY RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS . PERTAINING TO: NAME: JOHN MOORE ADDRESS : DATE OF BIRTH: 04/01/71 SSAN: XXXXX5312 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for ORTHO INST OF PA CUMBERLAND M414839-02 * * * SIGN AND RETURN THIS PAGE * * * COMMDNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • MOORE Vs . • File No. 2009 3705 PPG INDUSTRIES INC SUBPOENA TO PRODUCE DOCUMENTS OR TH I NOS BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 361 ALEXANDER SPRING RD, CARLISLE PA 17013 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) • Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(,A ges)4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested this subpoena, together with the certificate of ccrrp i i ance, to the party making th i request at the address listed above. You have the right to seek in advance the rea,onablc cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde;- o mpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAf : CHRISTINE LINE, ESQ • ADDRESS: 42R NORTH 21ST ST CAMP HILL, PA 17011 TELEPHONE: SUPREME COURT ID 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M414839-03 / //3 Prot, notary/Clerk, Civil Division DATE: t�J Seal of the Court sac.4 ► Ai. Deputy (Eff. 7/97) • ADDENDUM TO SUBPOENA MOORE Vs . No. 2009 3705 PPG INDUSTRIES INC CUSTODIAN OF RECORDS FOR: CARLISLE REG MED CTR ANY AND ALL COPIES OF MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, PHYSICAL THERAPY RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS . PERTAINING TO: NAME: JOHN MOORE ADDRESS : DATE OF BIRTH: 04/01/71 SSAN: XXXXX5312 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CARLISLE REG MED CTR CUMBERLAND M414839-03 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA =wry OF CUMBERLAND • MOORE • Vs . • File No. 2009 3705 • PPG INDUSTRIES INC • MEDICAL BILLING REQUESTED SUBPOENA TO PROO(.CE DOOJ€NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TRISTAN ASSOCS, 240 GRANDVIEW AVE, CAMP HILL PA 17011 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or _ SEE'g A A '1 1 A P P ` 111 e at MEDICAL LEGAL REPRODUCTIONS(,ATeg4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested b this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablc cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order ca-rpeIling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME:. CHRISTINE LINE, ESQ ADDRESS: 4�� NORTH 21ST ST CAMP HILL, PA 17011 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M414839-04 _ DATE: Like/L.3 Prot mot_^y/C1er , Civil Division • Seal of the Court ..411 1st a>_112.0 Deputy • (Eff. 7/97) ADDENDUM TO SUBPOENA MOORE Vs . No. 2009 3705 PPG INDUSTRIES INC CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCS ANY AND ALL COPIES OF MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, PHYSICAL THERAPY RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS . PERTAINING TO: NAME: JOHN MOORE ADDRESS : DATE OF BIRTH: 04/01/71 SSAN: XXXXX5312 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Authorized signature for TRISTAN ASSOCS CUMBERLAND M4.14839-04 * * * SIGN AND RETURN THIS PAGE * * * COWONWEALTH OF PaiNSYLVANIA cowry OF CUMBERLAND MOORE Vs . • File No. 2009 3705 PPG INDUSTRIES INC MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CONFORTI PHYSICAL THERAPY, 110 N 7TH ST, LEMOYNE PA 17043 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or gs, _ _ _ - SEE A 1 1 ` 1 V at MEDICAL LEGAL REPRODUCTIONS(,Ad E4s)4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested h,� this subpoena, together with the certificate of compliance, to the party making th request at the address listed above. You have the right to seek in advance the rea.onab h cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court order- caipelling you to c iply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTINE LINE, ESQ ADDRESS: 425 NORTH 21ST ST CAMP HILL, PA 17011 TELEPHONE: SUPREhE COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M414839-05 BY THE COURT: 1 Froth not- y/Clerk, Civil Division DATE: Seal`of t e rt Jt W . Jill 11_41S Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MOORE Vs . No. 2009 3705 PPG INDUSTRIES INC CUSTODIAN OF RECORDS FOR: CONFORTI PHYSICAL THERAPY ANY AND ALL COPIES OF MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, PHYSICAL THERAPY RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS . PERTAINING TO: NAME: JOHN MOORE ADDRESS : DATE OF BIRTH: 04/01/71 SSAN: XXXXX5312 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CONFORTI PHYSICAL THERAPY CUMBERLAND M414839-05 * * * SIGN AND RETURN THIS PAGE * * * • COMMONWEALTH LTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOORE • Vs . File No. 2009 3705 PPG INDUSTRIES INC SUBPOENA TO PRODUCE DOCUMENTS OR T H l BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 DR EDWIN AQUINO, 845 SIR THOMAS CT STE 10, HARRISBURG PA 17109 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orS + '9XTTACHED ADDENDUM _-- at MEDICAL LEGAL REPRODUCTIONS(,ANE4S)4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested b� this subpoena, together with the certificate of carp 1 i ance, to the party making th i request at the address listed above. You have the right to seek in advance the rea3onab1€ cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde- cxxmpe l ling youu to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: CHRISTINE LINE, ESQ ADDRESS: 425 NORTH 21ST ST CAMP HILL, PA 17011 TELEPHONE: SUPREME COURT ID 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M414839-06 DATE: (Q 1 3 Prothonotary/Clerk, Civil Division Seal',of the Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MOORE Vs . No. 2009 3705 PPG INDUSTRIES INC CUSTODIAN OF RECORDS FOR: DR EDWIN AQUINO ANY AND ALL COPIES OF MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, PHYSICAL THERAPY RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS . PERTAINING TO: NAME: JOHN MOORE ADDRESS : DATE OF BIRTH: 04/01/71 SSAN: XXXXX5312 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: i hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR EDWIN AQUINO CUMBERLAND M414839-06 * * * SIGN AND RETURN THIS PAGE * * * 2190958.docx DICKIE,MCCAMEY&CHILCOTE,P.C. ''` ''t ` • BY: Christopher D.Stofko,Esquire , ATTORNEY FOR: DEFENDANT ATTORNEY I.D.NO.8197lir 9 PPG INDUSTRIES,INC. BY: Christine L.Line,Esquire ;; °i ATTORNEY I.D.NO.93257 i; Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144(Fax) JOHN MOORE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2009-3705 v. CIVIL ACTION PPG INDUSTRIES, INC., Defendant. JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL AUTHORIZATION FROM PLAINTIFF AND NOW,comes Defendant, PPG Industries, Inc.,by and through their counsel, Dickie, McCamey&Chilcote,P.C.,and files the within Motion and avers the following: 1. On or about October 4, 2012, the Plaintiff initiated this action by filing a Complaint. (See Plaintiff's Complaint attached hereto and marked as Exhibit 1) 2. In his Complaint, Plaintiff alleges that a he fell while working on the Defendant's property on December 9, 2008, and sustained, inter alia, a right ankle injury. (Exhibit 1, ¶ 7) 3. Defendant filed preliminary objections to the Plaintiff's Complaint regarding the Plaintiff's allegations of carelessness and recklessness. 4. By Order of January 9, 2013, the Honorable M. L. Ebert overruled Defendant's preliminary objections. 5. Discovery in this matter is on-going. In Plaintiffs responses to Defendant's Interrogatories and Requests to Produce Documents, the Plaintiff identified Orthopedic Institute of Pennsylvania (OIP) as a facility from which he sought medical treatment related to the aforementioned slip and fall. 6. In the course of discovery, Defendants subpoenaed the treatment records from OIP and were advised that an executed medical authorization would be required prior to the release of the records. 7. Accordingly, on three separate occasions, Defendants, through their third- party records service, Medical Legal Reproductions, Inc., requested an executed medical authorization permitting the release of the medical records from the Plaintiff. (See Correspondence of October 29, 2013, December 4, 2013 and December 31, 2013 requesting an authorization from Plaintiff attached hereto and marked as Exhibit 2) 8. In February of 2014, the Plaintiffs counsel advised Defendant that he would not permit his client to execute the authorization permitting Defendant to obtain the requested records. (See Correspondence attached hereto and marked as Exhibit 3) 9. As stated above, the Defendant issued a subpoena for records from Orthopedic Institute of Pennsylvania. 10. This subpoena was issued in accordance with Pa.R.C.P. 4009.21. 11. The scope of the subpoena is within the scope of discovery provided by Pa.R.C.P. 4003.1; as the Defendant is merely seeking the facts, documents, and identification of witnesses that form the basis of Plaintiffs claims as alleged in the Complaint, particularly as they pertain to the extent of the injury alleged and the damages allegedly sustained. 2 12. The Rules of Civil Procedure and the courts of this Commonwealth permit discovery requests such as those at issue here. Rule 4003.1 of the Pennsylvania Rules of Civil Procedure provides, generally: [A] party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to a claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, content, custody, condition, location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. Pa.R.Civ.P. No. 4003.1(a). 13. The purpose of the Pennsylvania "discovery rules is to prevent surprise and unfairness and to allow a fair trial on the merits." See Dominick v. Hanson, 753 A.2d 824, 826 (Pa.Super. 2000). 14. To that end, Pennsylvania Rule of Civil Procedure 4003.1 provides that "as a general rule, discovery should be liberally allowed with respect to any matter, not privileged, which is relevant to the cause being tried." See George v. Schirra, 814 A.2d 202, 204 (Pa.Super. 2002). 15. The records requested are intimately related to the Plaintiff's claim of damages and injury as a result of the fall allegedly sustained on December 9, 2008. 16. Based upon the foregoing, Defendant respectfully requests that this Honorable Court compel the Plaintiff to produce the authorization so as to enable Defendant to obtain these records. 17. Counsel for Defendant PPG Industries, Inc., hereby certifies that they sought the concurrence of Plaintiff's counsel in the within Motion, and said concurrence at the time of this filing was not given. 3 WHEREFORE, Defendant, PPG, respectfully requests that this Honorable Court compel Plaintiff, John Moore, to produce a signed authorizations for the release of records to Defendant from Orthopedic Institute of Pennsylvania (OIP) within twenty (20) days or be subject to sanctions, which could include payment of costs, payment of attorney's fees, and the prohibition of introduction at trial of any evidence supporting the claims relating to Plaintiff's alleged injury and damages. Respectfully submitted, DICKIE,MCCAMEY&CHILCOTE, P.C. Date:August 6, 2014By: _i! _ '-O 1.40 Christopher D. Stofko, Esquire Attorney I.D. No. 81979 Christine L. Line, Esquire Attorney I.D. No. 93257 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, PPG Industries, Inc. 4 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOHN MOORE, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09--3705 PPG INDUSTRIES, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20)days after this Complaint and Notice are served,by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I_EGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 ___~~___~___- - �� ��HOLLENBERGER & "�� ANUZZ[ LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOHN MOORE, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-3705 CIVIL ACTION - LAW PPG INDUSTRIES, INC., JURY TRIAL DEMANDED Defendants NOT|C|A LEHANOEMANOADOAUSTEDENLACORTE Si usted quiere defenderse de estas demandas expuestas en las paginas oiguiantea, usted tiene veinte (20) dies de plaza al partir de |a fecha de |a demanday |anotdicacion. Usteddebepresenter unaopahonciaescrita oanpersona oporabng8dOy archiver en |a carte en forma escrita sus defenses osua objeciones a las demandas en contra do su persona. Sea avisado que si usted no se dehende. Is carte 1onnaro medidas y puede entrar una orden onntoauahndninprovioaviaoonotofoacaionyporoua|quierquejaoa|ivioqueespedidoan |mp*diciondo demanda. usbedpuedependerdinonooauupropiedudaoocdroadomrchosinnpodentoapanauoted LEVE EGTADE|NANDAAUNABDGADO |K8MED|ATA&1ENTE. S| NOT|ENEABOSAOOOS| NO TIENE ELD|NERDSUF|C|ENTEDEPAGAFlTAL8ERV|C0.VAYAEN PERSONA 0 LLAME POR TELEFONDALAORC|NACUYA[}|RECC0N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Codia|e, PA 17013 800-090'9108 717-249'3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOHN MOORE, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-3705 PPG INDUSTRIES, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, JOHN MOORE, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. Plaintiff, JOHN MOORE, is an adult individual who currently reside at 117 Fourth Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, PPG INDUSTRIES, INC., is a Pennsylvania business corporation with its principal place of business at One PPG Place, Pittsburgh, Allegheny County, Pennsylvania 15272. 3. The facts and circumstances hereinafter set forth took place on December 9, 2008, at Defendant's facility located at 400 Park Drive, Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, JOHN MOORE, was employed as a union electrician through IBEW Local 143 and was contracted by Henry F. Teichmann, Inc., to perform electrical work at Defendant's Carlisle facility. 5. At the aforesaid time and place, Plaintiff, JOHN MOORE, was performing electrical work approximately 20 feet above ground on a catwalk. 6. At the aforesaid time and place, as Plaintiff, JOHN MOORE,was performing his job duties, his left foot and leg unexpectedly fell through an uncovered, abandoned opening in the walkway surface, causing him to twist awkwardly on his right foot and ankle. 7. As a result of the aforesaid fall Plaintiff, JOHN MOORE, sustained serious and permanent injuries, including, but not limited to: a. Syndesmosis disruption and instability of the right ankle; b. Right ankle injury; c. Right ankle sprain with ligament injury; d. Aggravation of pre-existing arthritis; e. Disc bulge at L4-5 with dessication; f. Low back injury; g. Lumbago; h. Exostosis of right distal fibula; Right peroneal brevis tear; j. Shock to the nerves and nervous system; and k. Mental and physical anguish. 8. As a direct and proximate result of the aforesaid injuries, Plaintiff, JOHN MOORE, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 9. As a further result of the aforesaid injuries, Plaintiff, JOHN MOORE, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 10, As a further result of the aforesaid injuries, Plaintiff, JOHN MOORE, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, JOHN MOORE, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, JOHN MOORE, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, JOHN MOORE, has incurred or may hereafter incur other financial expenses and losses for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, JOHN MOORE, has sustained scarring and disfigurement for which damages are claimed. 15. The aforesaid incident and resulting injuries were a direct and proximate result of the negligence, carelessness and recklessness of the Defendant, which consisted of: (a) Failing to cover the opening in the walkway in a reasonable, adequate and prudent manner; (b) Failing to design, plan, construct, and/or build the walkway area in a reasonable, adequate and prudent manner; (c) Failing to inspect, maintain and/or repair the dangerous condition of the walkway in a reasonable, adequate and prudent manner; (d) Creating acid/or permitting a dangerous condition to exist on the walkway where Defendant knew or should have known that persons, such as the Plaintiff, would be subject to falling and sustaining injury; (e) Failing to issue adequate warnings, verbal, written, actual and/or constructive, to persons who would likely encounter the dangerous condition of the walkway; (f) Failing to post adequate warning signs, warning cones, illumination warnings, and/or barricades in an effort to alert those persons using the walkway of the dangerous condition; (g) Failing to use reasonable care in the inspection, maintenance and/or repair of the walkway in question; (h) Failing to provide adequate lighting in the area of the aforementioned incident; (i) Failing to regard the safety of the Plaintiff in and about the area of the aforementioned incident; (j} Failing to comply with OSHA Labor Regulations, ANSI safety requirements, BOCA National Building Code requirements and/or the Pennsylvania Code as it relates to Labor and Industry. 16. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, PPG INDUSTRIES, INC., as set forth above and is due in no matter whatsoever by any act or failure to act on part of the Plaintiff, JOHN MOORE. WHEREFORE, Plaintiff, JOHN M(}(}RE, demands judgment against Defendant, PPG INDUSTRIES, INC , for compensatory damages in an amount in excess of the amount required for compulsory arbitration. Respectfully submitted, SHOLLENBER Fl & j/\Ni]7Z|, LLP BY: ----- —3. - ------- --------- Karl . UZzi. EsqUine /\tt0nlrVfor Plaintiff I.D. 0, O5575 222 Millennium Way Enola, PA 17025 717-728-3200 Date: October 2012 _. • SH{}LLENBERGER & �JANUZZI, 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOHN MOORE, I IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-3705 PPG INDUSTRIES, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ~. day of October, 2012, I hereby codify that I have sewed a true and correct copy of Plaintiff's Complaint by United States nl8il, postage prepaid, addressed to: David C. Gallagher, Esq. PPG Industries, Inc. One PPG Place Pittsburgh, PA 75272-0001 SHOLLENBERC I, LLP By: \Karl Jzzi, Esquire MEDICAL LEGAL REPRODUCTIONS,_ INC. M L Main Once Phone: (215)335-3212 Fax: (215)338-2980 Jefferson Bldg.,Suite 926 4940 Disston Street 1015 Chestnut Street Philadelphia,Pa. 19135 E-mail Address: legal@medleg.com Philadelphia, Pa. 19107 41; R Oct 29, 2013 KARL JANUZZI, ESQUIRE 2225 MILLENNIUM WAY ENOLA PA 17025 Re: JOHN MOORE Caption: MOORE v. PPG INDUSTRIES INC MLR File #: M414839-02 DEAR COUNSELOR: Please be advised that we are a record copy company employed by the individual listed below to secure records on the above captioned individual . However, after serving a subpoena for a records deposition, we were advised that they require an authorization prior to releasing any records . Therefore, would you please provide us with an authorization from your client so that we may secure the records as requested by counsel . In order to assist you, we are enclosing herewith a properly prepared authorization form for execution. While I recognize that this is an inconvenience to your office, and I sincerely apologize for same, it is nonetheless the only way we can secure these records on a voluntary basis. Again, thank you for your anticipated cooperation. Very truly yours, Jessica Brunkel MEDICAL LEGAL REPRODUCTIONS (215) 335-4907 ER/kd enclosure cc : CHRISTINE LINE, ESQ MEDICAL LEGAL REPRODUCTIONS, INC. M L Main Office Phone: (215)335-3212 Fax: (215)338-2980 Jefferson Bldg.,Suite 926 4940 Disston Street1015 Chestnut Street Philadelphia,Pa. 19135 E-mail Address: legal®medleg.com Philadelphia, Pa. 19107 LI; R Dec 04, 2013 KARL JANUZZI, ESQUIRE 2225 MILLENNIUM WAY ENOLA PA 17025 Re: JOHN MOORE Caption: MOORE v. PPG INDUSTRIES INC Deponent : ORTHO INST OF PA DEAR COUNSELOR: Please recall that we are a record copy company employed by the individual listed below to secure records of the above captioned person. A review of our file indicates that we previously wrote you requesting your cooperation in securing an executed authorization, from your client in order that we may secure the above mentioned records . The reason for this request was that this particular deponent would not honor a subponea for these records, but was reqesting an authorization for same. In order to assist you in this matter we have enclosed herewith an authorization form for your clients signature. Naturally, if you have any questions regarding this matter, or if we can be of any assistance to you in securing the autorization, please do not hesitate to contact the undersigned. Thank you for your cooperation in this matter. Very truly yours, Jessica Brunkel MEDICAL LEGAL REPRODUCTIONS (215) 335-4907 EAR/kd enclosure cc: CHRISTINE LINE, ESQ 425 NORTH 21ST ST SUITE 302 PLAZA 21 CAMP HILL, PA 17011 FILE#:DMC299 MEDICAL LEGAL REPRODUCTIONS, INC. L Main Office Phone: (215)335-3212 Jefferson Bldg.,Suite 926 4940 Disston Street Fax: (215)338-2980 1015 Chestnut Street Philadelphia,Pa. 19135 E-mail Address: legal@medleg.com Philadelphia,Pa. 19107 41; R Dec 31, 2013 KARL JANUZZI, ESQUIRE 2225 MILLENNIUM WAY ENOLA PA 17025 Re: JOHN MOORE Caption: MOORE v. PPG INDUSTRIES INC Deponent : ORTHO INST OF PA DEAR COUNSELOR: Please recall that we are a record copy company employed by the individual listed below to secure records of the above captioned person. A review of our file indicates that we previously wrote you requesting your cooperation in securing an executed authorization, from your client in order that we may secure the above mentioned records. The reason for this request was that this particular deponent would not honor a subponea for these records, but was reqesting an authorization for same. In order to assist you in this matter we have enclosed herewith an authorization form for your clients signature. Naturally, if you have any questions regarding this matter, or if we can be of any assistance to you in securing the autorization, please do not hesitate to contact the undersigned. Thank you for your cooperation in this matter. Very truly yours, Jessica Brunkel MEDICAL LEGAL REPRODUCTIONS (215) 335-4907 EAR/kd enclosure cc: CHRISTINE LINE, ESQ 425 NORTH 21ST ST SUITE 302 PLAZA 21 CAMP HILL, PA 17011 FILE#:DMC299 SPECIAL AUTHORIZATION FOR RELEASE OF CONFIDENTIAL INFORMATION I - IDENTIFICATION AND AUTHORIZATION I JOHN MOORE give my consent to ORTHO INST OF PA information from my confidential protected health information, scholastic, employment, medical, psychological, alcohol and/or drug abuse records to MEDICAL LEGAL REPRODUCTIONS, INC. I understand that the information used or disclosed pursuant to this Authorization may be subject to redisclosure by the recipient and will no longer be protected under federal law. II - SPECIAL PURPOSE This authorization is given for the purpose of copying for verification, review and evaluation by CHRISTINE LINE, ESQUIRE, their firm employees and/or their designated representative with respect to pending or future civil ligitation for personal injury. III - SPECIFIC RECORDS REQUESTED ANY AND ALL COPIES OF MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, PHYSICAL THERAPY RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS. Pertaining to: JOHN MOORE of DOB: 04/01/71 SSAN: XXXXX5312 DOA: 12/09/08 MEDICAL BILLING REQUESTED IV — STATEMENT OF OBLIGATION AND REVOCATION I understand that my authorization shall remain valid from the date of my signature. I have been informed that I may revoke this authorization except to extent that the action has been taken in reliance thereon, by written or oral communiction. I have also been informed of my right, subject to section 7100.111.3 of the Mental Health Procedures Act, 1976, to inspect the information to be released and that all information will be handled confidentially, in compliance with the Federal Privacy Act (P.L. 93-575) , Federal Alcohol and Drug Abuse Act (P.L. 92-255) and HIPAA Regulations. 7 - SIGNATURE OF PERSON AND WITNESS DATE SIGNATURE WITNESS aI — RELEASE OF HIV INFORMATION I specifically request that information related to my HIV status be withheld from the above authorized release by signing this document here for a second time. A general authorization for release of medical or other infomation is not sufficient for this purpose by the Confidentiality of HIV-Related Information Act (Act 45 P.S. & 7601 et seq) . SIGNATURE 'II - STATEMENT OF EXPIRATION This consent shall expire in six months (or) on . 414839-02 1 SHDLLENBER3ER TIMOTHY A.SHOLLENBERGER,ESQ. &.. ANUZZI, LLP KARL J.JANLTrzI,ESQ. Attorneys At Law ADAM T. WOLFF:, ESQ. S++�n.....+�.,+:^:n<> ..�n!s<•?,r+:. ,m...++. *s.nc_y�..Yp.:axr.T?r-;r:5*?rnga:' ,:a.? ..m r. .•s rsv;+rr.., -+v,y„•.s.Ps; •w:a+�..e�ca_^rr-�t.Yn r,. ,•vx.; .,._N,.. ....:;:, ,.::. . Writer's Direct e-mail--kjj@sholljanlaw.com Y („ < . 0 -'1 q February 6, 20143 V FEB 1 1 7;114 Misty Lehman, Paralegal DICKIE, MCCAMEY & CHILCOTE, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 Re: John Moore v. PPG; Cumberland Co. CCP No. 09-3705 Dear Ms. Lehman: I am in receipt of your letter requesting a signed authorization in the above-captioned claim. Please be advised that I will not have my client sign an authorization. Rather, I will send for the records and forward them to you when they are received. Veer yours, 4n KariJ. J nuzzi KJJ/cle cc: John Moore MAIN OFFHCL: 2223 Millennium Wm; 1 Emla, PA "17023 i Phone 717-728-3200 I fax 717 738 3.1(0 l Mil Free 800-813--1 3i�8 I IARizii,Ruk&,()1eer:i:4811 fone,tcuwn Ruad1,Suite 221 1 Harrisburg, P,1 I710 j Phone 717 671 r,.1U(l i1'I lrsr'do/hi/,enJ/mitt M ilic Harrishrrn, ahlrfn'-,::) Please visit www.shollianlaw.com CERTIFICATE OF SERVICE AND NOW, August 6, 2014, I, Christine L. Line, Esquire, hereby certify that I did serve a true and correct copy of the foregoing MOTION upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Karl J.Januzzi, Esquire SHOLLENBERGER&JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 (Counsel for Plaintiff) Christine L. Line, Esquire JOHN MOORE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PPG INDUSTRIES, INC., DEFENDANT : NO. 09-3705 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 13th day of August, 2014, upon consideration of the Defendant's Motion to Compel Authorization from Plaintiff IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Plaintiff to show cause why the relief requested by Defendant should not be granted; 2. Plaintiff will file an Answer on or before August 29, 2014; 3. Hearing/Argument on the matter will be held on Tuesday, September 16, 2014, at 8:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Carl J. Januzzi, Esquire Counsel for Plaintiff hristine L. Line, Esquire Christopher D. Stofko, Esquire Counsel for Defendant bas By the court, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOHN MOORE, Plaintiffs v. PPG INDUSTRIES, INC., Defendants Or THE O. OI. 7 HONO TA R 204 411G 29 CUI P r fel: IS PENN5 YL COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3705 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL AUTHORIZATION AND NOW comes the Plaintiff, JOHN MOORE, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and files the following Answers to Defendant's Motion to Compel, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, not only did Plaintiff identify Orthopedic Institute of Pennsylvania as a medical provider, he produced copies of all his medical records through discovery. 6. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 7. Admitted. 8. Admitted. By way of further answer, Plaintiff also advised in that same letter that he would obtain the records sought by Defendant and provide copies of same. Plaintiff in fact provided Defendant with all treatment records from OIP through September 26, 2011, the last date of service. 9. Admitted. By way of further answer, although Defendant issued a subpoena, it never sought to enforce that subpoena through the appropriate methods set forth in the subpoena itself, which clearly and unambiguously advises the recipient that their "failure to produce the documents or things required by this subpoena within twenty (20) days after its service" may subject them to a court order compelling their compliance. (See Exhibit "A" attached hereto). 10. Admitted. By way of further answer, the Note contained within Rule 4009.21 specifically provides a party with alternate means, under the Rules of Procedure, to compel the production of documents or things from a person or entity not a party to the action. 11. Admitted. By way of further answer, Plaintiff has provided all of his medical records to the Defendant. 12. Admitted. By way of further answer, the Rules of Civil Procedure also permit and provide mechanisms for enforcement of a subpoena against the recipient of same. 13. Admitted. By way of further answer, Plaintiff has provided all of his medical records to the Defendant, thus eliminating the risk of "surprise and unfairness." 14. Admitted. By way of further answer, Plaintiff has provided all discoverable documents to Defendant through discovery. 15. The above referenced averment is a conclusion of law to which no answer is required pursuant to Pa. R.C.P. 1029(e). By way of further answer, Plaintiff has provided all treatment records to Defendant through discovery. 16. Although not an averment, Defendant fails to set forth any authority whatsoever that requires Plaintiff to sign an authorization. To the contrary, Plaintiff is unaware of any Rule which compels him to sign an authorization for the benefit of Defendant. Rather, Defendant has the ability to compel the recipient of the subpoena to comply, not the Plaintiff. 17. Admitted. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendant's Motion to Compel Authorization. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP BY: )1,L, Karl J. Jan zzi, squire Attorney for Plaintiff Dated: August 28, 2014 TO: MOORE Vs. PPG INDUSTRIES INC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 2009 3705 MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ORTHO INST OF PA, 3399 E TRINDLE RD, CAMP HILL PA 17011 Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONScAdWg40940 DISSTON ST., PENA., PA You may deliver or mail legible copies of the documents or produce things requested !7) this subpoena, together with the certificate of compliance, to the party making thiz 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 thir, subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO NG PERSON: NAME: CHRISTINE LINE, ESQ ADORE : 49C MIRTH 91ST ST TELEPHONE: CAMP HILL, 17011 SUPREME COURT ID # ATTORNEY FOR: M414839-02 215-335-3212 DEFENDANT DATE: • Seal of theurt BY THE COURT: Prothonotary/C1erk, Civil ivision (Eff. 7/97) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOHN MOORE, Plaintiffs v. PPG INDUSTRIES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3705 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 2- day of August, 2014, I hereby certify that I have served a true and correct copy of Plaintiff's Answer to Defendant's Motion to' Compel Discovery by United States mail, postage prepaid, addressed to: Christine Line, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 B JOHN MOORE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PPG INDUSTRIES, INC., DEFENDANT : NO. 09-3705 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL AUTHORIZATION ORDER OF COURT AND NOW, this 17th day of September, 2014, upon consideration of the Defendant's Motion to Compel Authorization from Plaintiff, the Plaintiff's Answer thereto, the briefs filed by the parties and after oral argument; IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiff shall within 30 days (if they have not already done so) provide copies of all medical records not protected from discovery under Pa.R.C.P. 4011 in the custody of John Moore's treating physicians, including Orthopedic Institute of Pennsylvania, which may relate in any way to the medical condition and medical treatment that is the subject of this litigation or which may otherwise have a bearing on the nature, scope, and cause of John Moore's medical condition; 2. Plaintiff shall briefly describe any records in the custody of any treating physician which are not produced; and rr C^% Gilr- . 7CD z,7", .rt� 3. In lieu of complying with paragraphs 1 and 2, Plaintiff may within 30 days submit a medical authorization permitting Defendants to inspect and copy the entire medical file of John Moore in the custody of any treating physician. By the court, J. Januzzi, Esquire Counsel for Plaintiff Christine L. Line, Esquire i...--Clristopher D. Stofko, Esquire Counsel for Defendant bas Cp'Ev PLIAEri- CiMAY