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HomeMy WebLinkAbout04-2138IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LAW Dr. Ronald Shane and Harriet Shane, n his wife, No. 04 - 0213 l.tv? fJL?Y1 Plaintiffs l vs. Wal-mart Stores Inc. Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint, and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyers Referral Service 100 South Street, P.O. Box 166 Harrisburg, PA 17108 1-800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LAW Dr. Ronald Shane and Harriet Shane, ( his wife, No. Q t{ - a13? 0;0i Plaintiffs t vs. Wal-mart Stores Inc. Defendant COMPLAINT AND NOW the Plaintiffs, by and through their attorney, Michael J. Fiorillo, Esquire, hereby files this Complaint and in support thereof aver as follows: 1. The Plaintiffs are Dr. Ronald Shane and Harriet Shane, his wife, adult individuals residing at 18 Cliff Road, Sunbury, Northumberland County, Pennsylvania 17801. 2. The Defendant, Walmart Stores Inc., a corporation with headquarters at 702 S. W. 8' Street, Bentonville, AR 72716. The Defendant owns and operates retail stores throughout the United States of America. 3. The Defendant owns and operates a retail store at 60 Noble Blvd. Carlisle, Pennsylvania, 17013. 4. On April 19, 2003, at approximately 2:05 p.m., the Plaintiff, Dr. Ronald Shane, was working at a facility known as Wahnart Optical which is operated by Dr. Dean Nardis. The Plaintiff was not employed by Defendant. 5. At the aforementioned date and time, the Plaintiff, Dr. Shane, and Dr. Nardis were walking from the Walmart Optical section of Defendant's store to a restaurant near Defendant's place of business. 6. While exiting Defendant's store, Plaintiff and Dr. Nardis were walking along the sidewalk in front of the store where they encountered farm implements placed on the sidewalk by employees of Defendant. Upon information and belief, these farm implements were placed on the sidewalk as items for sale by Defendant. 8. On the morning of April 19, 2003 it had rained and upon information and belief there was a wet, oily mixture in the area of the parking lot immediately abutting the sidewalk where Plaintiff was walking. 9. But for the placement of the farm implements on the sidewalk, the Plaintiff would not have left the sidewalk at this particular location in order to reach his destination. 10. At the times mentioned above Defendant had the duty to maintain its business premises in a reasonably safe condition for business invitees, including Plaintiff. 11. In violation of this duty the Defendant negligently permitted and maintained on the business premises an obstruction in its sidewalk causing Plaintiff and other persons to leave the sidewalk and stop in the area traveled by vehicles in the parking lot. 12. While walking around the farm implements, Dr. Shane struck a wet, slippery substance causing him to fall to the ground and seriously injuring him 13. As a proximate result of the negligence of Defendant, the Plaintiff was injured in his health, strength and activities. 14. Plaintiff sustained bodily injuries and shock to his nervous system which have caused and will continue to cause great mental, emotional and physical pain and suffering. Dr. Shane's injuries included but are not limited to the following: WHEREFORE Plaintiffs request judgment against Defendant in an amount in excess of $50,000.00 including costs of suit, interest, delay damages if applicable, and such other relief as the Court deems just and proper. Respectfiilly submitted, FIORILLO LAW OFFICES BY: ??•2i? Q Michael J. Fiorillo, Esquire 217 Mahantongo Street Pottsville, PA 17901 570-622-7725 Atty. I.D. No. 52825 VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Pursuant to Pennsylvania Rules of Civil Procedure Nos. 76 and 1024, I, Ronald Shane, Plaintiff, state and affirm that the facts contained in the preceding document are true upon my information and belief and I make this statement subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsifications to authorities. ?- Ronal d d Shane DATED: VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Pursuant to Pennsylvania Rules of Civil Procedure Nos. 76 and 1024, I, Harriet Shane, Plaintiff, state and affirm that the facts contained in the preceding document are true upon my information and belief and I make this statement subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsifications to authorities. Harriet Shane DATED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LAW Dr. Ronald Shane and Harriet Shane, his wife, No. Plaintiffs Vs. Wal-mart Stores Inc. Defendant CERTIFICATE OF SERVICE I, Michael J. Fiorillo, Esquire, Counsel for the Plaintiffs hereby certify that a true and correct copy of the foregoing Complaint was served Via Certified Mail, Return Receipt Requested to the following: Walmart Stores Inc. 702 S.W. 8' Street Bentonville, AR 72716 Ticl ? o, Esquire a 4 McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiff, NOTICE TO PLEAD TO: PLAINTIFFS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04-2138 VS. WAL-MART STORES, INC. JURY TRIAL DEMANDED Defendant DEFENDANT'S, WAL-MART STORES, INC., ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT Defendant, Wal-Mart Stores, Inc. (hereinafter "Defendant"), by and through its undersigned counsel, McDonnell & Associates, P.C., hereby answers Plaintiffs' Dr. Ronald Shane and Harriet Shane (hereinafter "Plaintiffs"), Complaint and avers New Matter as follows: 1. Admitted upon information and belief. 2. Admitted. By way of further answer, Defendant Wal-Mart Stores, Inc. is a corporation organized and existing under the laws of the State of Delaware. 3. Denied as stated. By way of further answer, Inland Southeast Carlisle DST c/o Inland Mid-Atlantic Management Corporation owns the property located at NWC 1-81 & South Hanover Street, Carlisle, PA. The store is operated by Wal-Mart Stores. 4. Denied. After reasonable investigation, Defendant is without sufficient information to admit or deny this allegation. 5. Denied. After reasonable investigation, Defendant is without sufficient information to admit or deny this allegation. 6. Denied. After reasonable investigation, Defendant is without sufficient information to admit or deny this allegation. 7. Denied. After reasonable investigation, Defendant is without sufficient information to admit or deny this allegation. 8. Denied. After reasonable investigation, Defendant is without sufficient information to admit or deny this allegation. 9. Denied as a conclusion of law to which no response is required. 10. Denied as a conclusion of law to which no response is required. 11. Denied as a conclusion of law to which no response is required. 12. Denied. After reasonable investigation, Defendant is without sufficient information to admit or deny this allegation. 13. Denied as a conclusion of law to which no response is required. 14. This paragraph and subparts (A) - (E) are Denied. 15. Denied. 16. Denied. 17. Denied as a conclusion of law to which no response is required. 18. Denied as a conclusion of law to which no response is required. 19. Denied. After reasonable investigation, Defendant is without sufficient information to admit or deny this allegation. WHEREFORE, Defendant demands judgment in its favor and against all parties together with costs, attorneys' fees and such other relief that this Court deems just and appropnate. NEW MATTER 1. Plaintiffs' claims are barred because Plaintiff was injured as a result of an assumed risk. 2. Plaintiffs' claims are barred insofar as Plaintiff failed to mitigate his damages. 3. Plaintiffs' claims and causes of action are barred by operation of the applicable statute of limitations. 4. If Plaintiff sustained damages, such damages were caused by the negligence of a third party over which Defendant exercised no control. 5. If Plaintiff sustained damages, such damages were caused by intervening or superceding events or factors over which Defendant exercised no control. 6. If Plaintiffs executed a Release releasing any person or entity from liability arising from the accident or occurrence described in Plaintiffs' Complaint, Defendant is similarly released from any such liability. 7. If Plaintiff seeks compensatory damages for expenses related to medical tests, medications, and treatment, such damages are reduced by the holding in Moorehead v. Crozer Chester Medical Center, 557 Pa. 630 (1998) to the amounts actually due and payable. 8. Plaintiff s claims and causes of action are barred by reason of Plaintiff s contributory negligence, or alternatively, are reduced by the percentage of Plaintiff s comparative negligence. WHEREFORE, Defendant demands judgment in its favor and against all parties together with costs, attorneys' fees and such other relief that this Court deems just and appropriate. Respectfully submitted, McDONNELL & ASSOCIATES, P.C. By: - I 4A, Robe o Paglione, Esquire Myisha Lacey-Tilson, Esquire Dated: March 31, 2006 Attorneys for Defendant u-, E FCATION I & t,NptM"r , hereby verify that the statements contained in the Answer arc true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C S.A. § 4904, relating to unswom falsification to authorities. Dated: Manager McDONNELL & ASSOCIATES, P.C. By: Roberto Paglione, Esquire Attorney I.D. NO. 87258 By: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiffs, vs. WAL-MART STORES, INC. Defendant Attorneys for Defendant Wal-Mart Stores, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04-2138 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Myisha Lacey-Tilson, Esquire, hereby certify that a true and correct copy of Defendant's Answer with New Matter was served via U.S. Mail on April 3, 2006 to counsel named below: Michael J. Fiorillo, Esquire FIORILLO LAW OFFICE 217 Mahantongo Street Pottsville, PA 17901 Facsimile: 570-622-8773 BY - ' I Myisha'L.acey-Tilson, Elsquire McDONNELL & ASSOCIATES, P.C. BY: Robert K. Paglione, Esquire Attorney I.D. No. 87258 BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney far Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiff, VS. WAL-MART STORES, INC. Defendants, JURY TRIAL DEMANDED DEFENDANT, WAL-MART STORES, INC.'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES and REOUEST FOR PRODUCTION OF DOCUMENTS Defendant, Wal-Mart Stores, Inc. ("Wal-Mart") by and through its attorneys, McDonnell & Associates, P.C., seeks an order compelling Plaintiffs Dr. Ronald Shane and Harriet Shane to provide full and complete answers to Wal-Mart's Interrogatories and Requests for Production of Documents. In support thereof, Defendant avers as follows: The filing of a Complaint on May 13, 2004 commenced the instant Civil Action. 2. Defendant filed a timely Answer to the Complaint. On or about July 25, 2005 Defendant's First Attorney filed a withdrawal of appearance. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04-2138 4. Shortly after that McDonnell & Associates entered their appearance on this case. 5. On September 19, 2005 Defendant served its First set of Interrogatories and Requests for Production upon counsel for the Plaintiff. (See Exhibit "A"). 6. Pursuant to Pa.C.R.P. 4006(a)(2), Plaintiff s answers and objections, if any, to said requests were due on or before October 19, 2005. 7. On November 18, 2005, counsel for Plaintiff was notified by counsel that answers and objections, if any, to Interrogatories and Requests for Production of Documents were overdue. No response was given. 8. Although a period of over one hundred and twenty (120) days has now elapsed since said discovery requests were served upon counsel for Plaintiff, no response of any kind thereto has been received to date. Defendant is being prejudiced by Plaintiff s failure to cooperate and provide the information requested and respectfully requests that this Court enter an Order compelling Plaintiff to respond to Defendant's discovery requests or suffer appropriate sanctions upon further application to this Court by the Plaintiff. 10. Pa. R.C.P. 4006 and 4009.12 require Plaintiffs to respond to Defendant's Interrogatories and Request for Production of Documents within thirty (30) days after service thereof. 11. Pa.R.C.P. 4019 empowers this Court to enter an Order compelling the Plaintiffs to fully and completely respond to Defendant's discovery requests. WHEREFORE, Defendant, Wal-Mart Stores, Inc., respectfully requests the Court to enter an Order compelling Plaintiff to file full and complete responses to Defendant's First Set of Interrogatories and Requests for Production within the next ten (10) days or suffer appropriate sanctions to be imposed upon application to the Court. McDONNELL & ASSOCIATES, P.C. Dated: April 4, 2006 By: 11?, V4,y"_I Rob K. aglione, squir e Myisba Lacey-Tilson, Esquire Attorneys for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. BY: Robert K. Paglione, Esquire Attorney I.D. No. 87258 BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney for Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiff, VS. WAL-MART STORES, INC. Defendants, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04-2138 JURY TRIAL DEMANDED VERIFICATION I, Myisha Lacey-Tilson, Esquire, hereby state that I am the attorney in this action for Defendant, Wal-Mart Stores, Inc., and I verify that the statements made in the foregoing Motion to Compel are true and correct upon personal knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date Myishaacey-Tilson, E quire McDONNELL & ASSOCIATES, P.C. BY: Robert K. Paglione, Esquire Attorney I.D. No. 87258 BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney for Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiff, VS. WAL-MART STORES, INC. Defendants, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04-2138 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Myisha Lacey-Tilson, Esquire hereby certify that a true and correct copy of Defendant's Motion to Compel Interrogatories and Requests for Production of Documents was served via facsimile on April 4, 2006 to the counsel below named: Michael J, Fiorillo, Esquire Fiorillo Law Office 217 Mahantongo Street Pottsville, PA 17901 Counsel for Plaintiff Mc(D?ONNELL & ASSOCIAT?EJS,,P.C. By: v \NI of -e Myisha L cey-Tilson, Esqu re Attorney for Defendant Wal-Mart Stores, Inc. ?? ??" ? ??? I,AW OFFICES OF McDONNELL & ASSOCIATES, P.C. 500 Route 70 West Cherry Hill, New Jersey 08002 Telephone: (856) 429-5300 Facsimile: (856) 429-5314 Pennsylvania Office: 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2067 Facsimile: (610) 337-2575 Reply To: New Jersey E-Mail Address: Jfine@mcda-law.com September 19, 2005 Michael J. Fiorillo, Esquire FIORILLO LAW OFFICE 217 Mahantongo Street Pottsville, PA 17901 RE: Shane, et al. v. Wal-Mart Stores Docket No.: 04-2138 Dear Mr. Fiorillo: Patrick J. McDonnell' Courtney Seda McDonnell' Karen L. Green' Roberto K. Paglione' Lindsey S. Forshay` Robert M. Dunn' t David M. Koller' Michael C. Andrews' Jason E. Fine` Sarah R. Lavelle' . AOmtlM In Pemvyww..M N. hn.V t •Mi..0lnN YM As you are well aware my firm has recently entered our appearance in this matter. Please provide me with a demand in an effort to settle this matter. I have also enclosed discovery requests. Please have your client answer them within the time limits prescribed by the rules. Thank you. Very t ply yours, M NNELI„i, A CIATES JASON E. VNE JEF/to McDONNELL & ASSOCIATES, p.c. BY: JASON E. FINE, Esquire Attorney I.D. No.: 82452 500 Marlton Pike West Cherry Hill, NJ 08002 Tel. No.: (856) 429-5300 Fax No.: (856) 429-5314 Attorneys for Defendant, Wal-Mart Stores, Inc. DR. RONALD SHANE and HARRIET SHANE, his wife Vs. WAL-MART STORES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION, LAW DOCKET No.: 04-2138 DEFENDANT, WAL-MART STORES INC'S INTERROGATORIES PROPOUNDED ON THE PLAINTIFF, DR. RONALD SHANE T0: Michael J. Fiorillo, Esquire - Attorney for the Plaintiff PLEASE TAKE NOTICE that the Defendant, Wal-Mart Stores, Inc., demands of the Plaintiff, Dr. Ronald Shane, answers to the following Interrogatories under oath, within the time prescribed by law. Date: September 19, 2005 LAW OFFICES OF McDONNELL & ASSOCIATES Attorneys for the Defendant, Wal-Mart Stores, Inc. BY: Jason E. Fine, Esquire INSTRUCTIONS These Interrogatories are to be answered by Plaintiffs within 30 days of service pursuant to the Pennsylvania Rules of Civil Procedure. Any information secured subsequent to the service of your Answers is to be provided by supplemental answers within 30 days of obtaining the information and not later than 20 days before trial. These interrogatories are continuing so as to require all addressed parties to supplement their answers in the event further discoverable information is obtained. These interrogatories request information known to you or anyone acting on your behalf and should be signed and verified by the person answering them. 2 DEFINITIONS The following definitions are applicable to these Interrogatories and any subsequently propounded Interrogatories, Request for Production or other discovery. All words used herein shall have their common meaning as used in the English language or applicable Rules of Civil Procedure. 1. The term you includes yourself, your agents, servants, employees or representatives. 2. The terms person or persons as used herein shall include without limitation, individuals, associations, partnerships and corporations. 3. The term identify as used in connection with a document or documents means to list the name and date of the documents, the names and addresses of the author and recipients of the document(s) and the identity of the custodian of the original or a copy of the document(s). 4. The term identify as used in connection with a person or persons means to state the name, title, and present or last known business and residence address and telephone number of the individual(s). 5. Words in singular shall include the plural and vice versa and words in the masculine shall include feminine and neuter. 6. The terms accident , incident or occurrence shall refer to the accident described in Plaintiffs Complaint. 7. Store is the store identified in the Plaintiffs Complaint. 3 Personal Data 1. Please state: a. your full name; b. birth date and present age; C. the schools that you attended, the dates of graduation, and any degrees that you received; d. social security number; e. residence address; f. business address; g. present occupation and occupation at time of accident; h. driver's license number, state of issuance restrictions (if any); i. If married, give the name of your spouse; j. whether you were in the Armed Forces. If so, please state the dates, the branch of service, your rank at discharge; and k. if you had any infirmities at time of discharge, describe in detail these infirmities and state whether you are receiving benefits for any infirmity. 2. Please state the names and addresses of each person pr organization by whom or with whom you had been employed during the 5-year period immediately preceding the date of the alleged occurrence. 3. As to each person or organization referred to in your answer to the preceding interrogatory, please state; a. the dates of such employment; b. name of immediate supervisor; C. the nature of your work duties; d. the place or places where such work or duties were performed; and e. the average weekly or monthly compensation from such employment and the basis for computing the same. Indicating the total amount of any compensation paid on account of overtime or holiday work during each such calendar year, together with the amounts and basis for receipt of any special bonus. 4. Are you engaged in any gainful occupation at the present time? 4 5. If your answer to the preceding interrogatory is yes, please state; a. the dates of such employment; b. name of immediate supervisor; C. the nature of your work duties; d. the place or places where such work duties were performed; and e. The average weekly or monthly compensation from such employment and the basis for computing the same, indicating the total amount of any compensation pain on account of overtime or holiday work during each calendar year, together with the amounts and basis for receipt of any special bonus. Acci ent 6. State whether you contend that the condition, which caused your injuries, resulted from: a. Slipperiness of the ground; b. defects in the ground or it's covering; C. debris or litter; d. variations in the level of the walking surface; e. inadequate lighting; f. defective stairs; g. defective hand rails or guard rails; h. obstruction or defects other than those above on the walking surface; i. defective ladders, platforms; scaffolds; and j. any other conditions. 7. As to each condition you contend caused the accident, state: a. its dimensions and how it made the premises dangerous; b. the exact location of each condition, which caused you to fall; C. each fact, which indicates the length of time each condition, had existed prior to the accident; and d. each fact, which the defendant knew or should have known of each condition prior to the accident. 8. Did you know any condition, which caused the totes to fall at any time before the accident and, if so, state: a. the manner in which you acquired such knowledge; b. the time you acquired such knowledge; and c. any act performed by you in order to avoid the accident after you acquired such knowledge. 5 9. Describe the way the totes fell, the parts of your body that made contact with any other parts of or objects on or near the defendant's property. 10. Have you ever fallen on this or any other property prior to the accident? If no, state when, where and what caused the prior falls to occur. 11. State the exact time that the incident occurred and state the natural lighting conditions. 12. State whether there was artificial illumination used at the time and place of the accident. If so, describe the type of illumination, its location near the scene of the accident, and visibility at the time of the accident. 13. How often did you visit the site prior to the accident? If you did visit the site prior to the accident, did you ever observe the defect, obstruction or condition on these occasions? a. Give the date and time of your last observation prior to accident. 14. For what purpose were you on the premises as referred to in the Complaint? 15. State whether you had visited someone on the premises or whether you were on your way to visit someone on the premises. If either answer is in the affirmative, state the name and address of the person referred to. 16. If it is alleged that the defendant or representative of the defendant was aware of the condition described in the Complaint, give the names and addresses of the persons you believe had knowledge of the condition, the dates they had knowledge of the condition and what, if anything, each person did to alter the condition and the date of the alteration. 17. Describe in detail the shoes you were wearing at the time of the accident and also describe in detail any overshoes or boots, which you were wearing. 18. Of what materials were the heels and soles of the outer shoes made. 6 19. Indicate the height of the heels of such shoes. 20. If you were carrying anything at the time of the accident state: a. Its description; b. Its size, including the shape, length, width and weight; C. whether your vision was in any way obstructed by such item and, if so, the extent of obstruction; and d. which hand or hands were being used to carry the items. 21. Have you ever worn or needed glasses? If so, state whether you were wearing glasses at the time of the accident and, if not, the reason, if any. 22. Describe in detail your outer clothing at the time of the accident? 23. Give the names and addresses of all persons whom you know to have actual notice of the nature of the condition prior to the accident? 24. State the names and addresses of all person whom you or anyone acting on your behalf, know or believe: a. actually witnessed the accident/incident; b. were present at the scene of the accident/incident, immediately after its occurrence; C. were within sight or hearing of the accident/incident d. witnessed any of the events leading up to the accident/incident subsequent to the accident/incident, or of the subsequent investigation; and e. those who have any knowledge or information as to any facts pertaining to the circumstances and/or manner of the happening of the alleged accident or the nature of the injuries sustained in the alleged accident. 25. State what if anything you were reaching for prior to the totes falling. 26. Please state where were the totes that you are claiming fell prior to the fall. 27. Did you notice anything wrong with the tote display prior to the incident. 7 Doctors 28. State the names and addresses and professional specialty of each doctor, physician, nurse or other person who has examined and/or treated you, whether you were in a hospital or elsewhere, the injuries alleged to have been sustained as a result of the accident involved in this action. State the dates on which you were examined and/or treated, the treatment given, if any, and the place where given. Hospitals 29. State the names and addresses of each hospital, clinic, nursing home or other institution to which you have gone for examination and/or treatment. State the dates of confinement, examination and/or treatment. a. Have you received any medical reports from any person or institution where you were x-rayed, examined or treated? If so, attach copes of the reports to your interrogatory Answers. 30. Itemize all of the expenses incurred for the services rendered by the institution listed and for which you are seeking reimbursement, giving the dates on which such expenses were incurred, the amount or amounts thereof, to whom paid and when, as well as the nature of goods or services giving rise to such expenses. -Rays 31. Were any x-rays taken of you because of this accident for the purpose of diagnosis or treatment? If so state: a. the part or parts of the body that were taken; b. the dates and places where the x-rays were taken; and c. the names and addresses of the persons who took them. Confinement 32. State whether you were confined to bed or home as a result of the injuries alleged to have been sustained in the accident involved in this action. If so, state the length of time you were confined to each and the dates thereof. Present Condition 8 33. And to each injury, from which you have fully recovered, state the approximate date of such recovery. 34. Describe any pain, ailment, complaint, injury, or disability you presently have as a result of the accident. a. as to each such injury from which you have not fully recovered, state in what respects you are still affected. b. state whether you are still under treatment for the injuries alleged to have been sustained in the accident involved in this action. If so, state where, by whom and how frequently such treatments are being given to you and for which injuries. C. when, where, and by who were you last examined or given medical attention concerning the injuries received in this accident? 9 Prior Accidents or Pre-Existing Conditions 35. What was the condition of your health immediately prior to the time of the accident? 36. Have you ever been involved in an accident of any kind before or after the accident upon which this suit is based? If so, state the nature of the accident, the place and date on which it occurred, the names and addresses of all persons involved, the injuries sustained by you, the name and address of any hospital or other institution to which you had gone for treatment or examination and the dates thereof, and the name and address of any doctor or other person to whom you had gone for treatment or examination and the dates thereof; and the Court Term and Number of any lawsuit commenced as a result thereof. 37. State whether you ever sustained any injuries or had any disease, deformity or impairment before or after the accident here involved. If so, indicate the nature of any such injury, disease, deformity or impairment and give the name and address of any doctor or other person to whom you had gone for treatment and/or examination and the dates thereof. 38. Do you have any medicals, x-ray, hospital or other reports, which indicate that your injuries were caused in whole or in part by any injury, sickness, disease or abnormality other than alleged to have been received in the accident forming the basis for this suit? If so, where, when and by whom were such reports made, and where are they now located? 39. If you allege that this accident aggravated a pre-existing condition state: a. whether you had recovered from said condition at the time of this accident; b. Approximate date of your recovery, prior to the accident date; C. name and address of each hospital, institution, doctor and/or medical provider to which you had gone for examination/treatment and date of your last visit; and d. the date of and circumstances causing you to incur the pre-existing condition(s). Lost Income 10 40. Are you claiming loss of earning from an employer because of the accident? If so, state: a. the total amount of such loss and the period for which the loss occurred. b. exactly how was the above sum computed? 41. At the time of the accident, what was the nature of your employment and/or occupation? Describe your usual duties and labors. 42. Give the name and address of your employer at the time of the accident herein and whether you are still employed. If not, state the date and reason you left. If self- employed, state the address of your usual place of business and the name under which you operate. 43. Have you been absent from work at any time or times since the date of the accident set forth in the Complaint? If so, state: a. The date of all absences from work and the exact reasons thereof, and b. Whether you were paid by the year, month, week, day, hour or otherwise and at what rate at the time of the accident and whether you received pay for those absences. C. The date you first returned to work after the accident. 44. State whether you have been unable to perform satisfactorily any of the duties required of you in any of your employments since the date of the accident not forth in the Complaint indicating with particularly what activities you were unable to perform, the names and addresses of all persons having knowledge of such facts, including supervisors and employers at the time of such incapacities. 45. Have you obtained any reports or records from your employer in regard to the loss of wages and loss of earning capacity? 46. State the name and address of each of your employers for the five (5) years preceding the accident. State the period of employment, dates, rate of pay, total income title and description of work. 47. State the amount earned during the year of the accident, year before the accident, year after the accident and for each year thereafter to date. 11 48. Since the date of the accident have you engaged in one or more gainful occupations? If so, state: a. State the names and addresses of your employers and the dates between which you worked for each employer; and b. The nature of work in each such occupation and the wage or salary received by you in each such occupation. 49. Are you claiming loss of earnings or profits from self-employment as a result of the accident? If so, state: a. The dates you were unable to engage in your self-employment by reason of the injuries sustained in this accident; b. The names and addresses of any employees hired as a result of your disability, the dates of such employment and the amount of money paid to each such employee; C. The amount you claim as lost earnings or profits; d. Exactly how was the above sum computed; e. The date you first resumed activity in your self-employment after the accident. 50. If you have at any time filed suit, other than the instant case, for damages for personal injury suffered by you, please state: a. The complete Caption of said suit, State, Court and Docket Number; b. The nature of the injuries alleged; C. If said suit has been terminated, state the results of the trial or settlement, including amounts. 12 51. If you have ever filed a Workmen's Compensation claim, state: a. The nature of the injuries for which compensation was sought; b. The circumstances surrounding the injuries or which gave rise to same; C. The name and address of the your employer or employers or against whom claims or claims were made; d. The result of said claims by way of trial or settlement including amounts and also set forth the period during which you were disabled. Federal Tax Returns 52. State your gross and net income as stated in your Federal Income Tax Returns for each of the five (5) years immediately preceding the date of the accident and for each of the years thereafter to date. 53. Have you retained copies of your Income Tax Returns for the five (5) years preceding the accident and up to the present year? 54. If your answer to the foregoing Interrogatory is in the affirmative, please attach copies of your Income Tax Returns. 13 Compensation Payment 55. Did you receive any compensation payments for your employer while you were absent from work as a result of injuries sustained in the accident? 56. If the answer to the above interrogatory is yes, please advise: a. The weekly amounts of these payments; b. The total amount of the payments to you; C. Whether they were received directly from your employer or from a third parry; d. If they were received from a third party, what is the name and address of that third party? e. Whether they were a mixed payment from your employer and a third party; f. If they were a mixed payment, what was the percentage that your employer paid and what was the percentage that the third party paid? g. If the payments were made by a third party, was the cost of these payments funded or paid by your employer or by yourself? h. If the costs or funding of these payments was a joint effort by your employer and by yourself, what was the percentage that each of you paid? i. Were these payments during your absence made to you as a result of your employment contract? j. Was your employment contract negotiated by you individually with your employer or by your union? k. If your employment contract was negotiated by your union , please attach a copy of that union contract or advise as to how we may obtain a copy of it. 14 Other Financial Loss 57. Did you sustain any financial losses as a result of the accident other than those covered by the preceding Interrogatories? If so, state: a. In detail the nature, date and amount of such additional loss; and b. If claim is made for household help, state the name and address of each such person employed, the period of employment, the amount actually paid to such persons, and whether you employed domestic help prior to the accident. 58. Has any portion of your expenses or special damages been paid by anyone other than yourself or have you been reimbursed for any of your expenses or special damages? If so, state by whom and why such payment or reimbursement was made, indicating the specific item of expense or special damage involved. 59. Has any portion of your medical costs, medical bills, or medical expenses (including but mot limited to: hospital stays, out patient treatment, physical therapy, surgeries, chiropractic treatment, prescription costs) been paid in whole or in part by any health insurance coverage, HMO, Medicare or any other source of coverage? If so, please provide the amount of those payments, and whether a subrogation lien is in place. Please attach copies of any such subrogation or lien information. 15 60. At the time of the accident or immediately thereafter, did you have any conversation with or make any statement to any person at or near the scene of the accident, or did any such person make any statements to you or in your presence which was relevant to the happening of the accident or the injuries sustained? If so, state: a. The name and address of each person who made a statement of spoke in such conversation; b. The substance of each conversation or statement; C. The name and address of each person who was within hearing distance of any such conversation or statement. 61. State the names and addresses of all persons whom it is your present intention to call as witnesses at the trial of this case (other than expert witnesses). Statements 62. If you, your representative, attorney, consultant, surety, indemnitor, insurer or agent obtained a statement or statements concerning this action and/or its subject matter from any party to this action, any witness, or any person not a parry to this action, any witness, or any person not a party to this action, then kindly state: a. The name and address of the person who gave each statement including the name and address of each person's employer. b. The date each statement was given. C. The name and address of the person who obtained each statement. d. The name and address of the person or entity that hired or retained the person who obtained each statement. e. The date when each statement was obtained. f. The place where each statement was obtained. g. Whether each statement is written, signed by the person making it or stenographic, mechanical, electrical, or other recording, or a transcription thereof. 16 h. State the names and addresses of all persons and/or entities who presently have custody of each original statement identified in your answers above. i. State the names and addresses of all persons and/or entities who presently have custody of any copies of each statement identified in your answers above. j. Please attach to your Answers to Interrogatories a photostatic copy or like reproduction of each statement identified in your answers above. Photographs/ Drawings 63. Have you obtained any photographs, motion pictures, drawings, sketches, plans or blueprints relevant to this case of action? If so, identify: a. The date or dates taken made. b. The identity of the photographer or maker. C. The objects or view portrayed. d. The present custodian. Expert Witnesses 64. If you intend to call an expert witness at trial, kindly state: a. The name and address of each such expert witnesses. b. The subject matter as to which each such expert witness is expected to testify. C. The substance of the facts and opinions to which each expert is expected to testify and a summary of the grounds for each opinion and/or attach a copy of each expert's report to your answers to interrogatories. 17 d. The educational background, field or expertise, professional experience, publications, membership in professional societies, employment experience and court appearances (including citations) of each of the expert witnesses identified in your answers above. Federal Tax Returns 65. Have you retained copies of your Federal Income Tax Returns for three years before the date of the accident and for each of the years thereafter the date? If so, attach copies of your Federal Income Returns for those years. Absence From School 66. Do you claim absence from school at any time since the accident? If so, state as to each absence: a. Exact dates of absence and the reasons for the absence; b. Name and address of school you were attending at the time of the accident, what grade you were then in and name and address of schools attending up to the date of answering these interrogatories; and c. Whether you claim any impairment of your educational program and, if so, how the program was impaired. 18 McDONNELL & ASSOCIATES, p.c. BY: JASON E. FINE, Esquire Attorney I.D. No.: 82452 500 Marlton Pike West Cherry Hill, NJ 08002 Tel. No.: (856) 429-5300 Fax No.: (856) 429-5314 Attorney for Defendant Wal-Mart Stores, Inc. DR. RONALD SHANE and HARRIET SHANE, his wife Vs. WAL-MART STORES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION, LAW DOCKET No.: 04-2138 TO: Michael J. Fiorillo, Esquire Attorney for the Plaintiff PLEASE TAKE NOTICE that the Defendant, Wal-Mart, demands of the Plaintiff, Harriet Shane, answers to the following Loss of Service Interrogatories under oath, within the time prescribed by law. Date: September 19, 2005 LAW OFFICES OF McDONNELL & ASSOCIATES Attorneys for the Defendant, Wal-Mart BY: JASON E. FINE, ESQUIRE INSTRUCTIONS These Interrogatories are to be answered by Plaintiffs within 30 days of service pursuant to the Pennsylvania Rules of Civil Procedure. Any information secured subsequent to the service of your Answers is to be provided by supplemental answers within 30 days of obtaining the information and not later than 20 days before trial. These interrogatories are continuing so as to require all addressed parties to supplement their answers in the event further discoverable information is obtained. These interrogatories request information known to you or anyone acting on your behalf and should be signed and verified by the person answering them. DEFINITIONS The following definitions are applicable to these Interrogatories and any subsequently propounded Interrogatories, Request for Production or other discovery. All words used herein shall have their common meaning as used in the English language or applicable Rules of Civil Procedure. 1. The term you includes yourself, your agents, servants, employees or representatives. 2. The terms person or persons as used herein shall include without limitation, individuals, associations, partnerships and corporations. 3. The term identify as used in connection with a document or documents means to list the name and date of the documents, the names and addresses of the author and recipients of the document(s) and the identity of the custodian of the original or a copy of the document(s). 4. The term identify as used in connection with a person or persons means to state the name, title, and present or last known business and residence address and telephone number of the individual(s). 5. Words in singular shall include the plural and vice versa and words in the masculine shall include feminine and neuter. 6. The terms accident , incident or occurrence shall refer to the accident described in Plaintiffs Complaint. 7. Store is the store identified in the Plaintiffs Complaint. LOSS OF SERVICE INTERROGATORIES 1. What sums of money was the plaintiff obliged to expend for medicines, medical and surgical attention in endeavoring to heal his said wife? 2. What sums of money does the plaintiff contend he will be obliged to expend in the future in an effort to cure and heal his said wife? 3. For what period of time was the plaintiff deprived of the services, consortium, and companionship of his said wife? 4. For how long in the future does he contend he will be so deprived? 5. Was the plaintiff obliged to hire another person or persons to perform the household duties ordinarily performed by said wife? 6. For what period of time was said person or persons hired? 7. What is the name and address of person or persons hired? 8. What relation is said person or persons to the said plaintiff and his said wife? 9. What was the cost for said hiring? McDONNELL & ASSOCIATES, P.C. By: Jason E. Fine, Esquire Attorney I.D. No. 82452 500 Route 70 West Cherry Hill, New Jersey 08002 TEL (856) 429-5300 FAX (856) 429-5314 Attorneys for Defendant, Wal-Mart Stores, Inc. DR. RONALD SHANE and IN THE COURT OF COMMON PLEAS HARRIET SHANE h/w, Plaintiff, VS. WAL-MART STORES, INC. CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET NO: 04-2138 Defendants, JURY TRIAL DEMANDED DEFENDANT WAL-MART'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF TO: Michael J. Florillo, Esquire Pursuant to the Pennsylvania Rules of Civil Procedure, Defendant, Wal-Mart Stores, Inc., ("Wal-Mart"), requests that Dr. Ronald Shane, ("Plaintiff"), produce and permit Wal-Mart to inspect and copy, the following designated documents within Plaintiffs possession, custody or control at the offices of McDonnell & Associates, 500 Route 70 West, Cherry Hill, New Jersey 08002 within thirty (30) days. This Request for Production of Documents is continuing in nature and shall require Plaintiff or his counsel to provide a supplemental response if either become aware of additional documents subsequent to their response to this Request. Date: September 1j, 2005 McDONNELL & ASSOCIATES, P.C. Attorneys for the Defendant, Wal-Mart Store, Inc. BY: Jason E. Fine, Esquire As used herein, the terms listed below are defined as follows: "Documents" means all written or printed matter of any kind, including, without limitation, those set forth in Pa. R. Civ. P. 4009-1, along with the originals and all non- identical copies, whether different from the original by reason of any notation made on such copies or otherwise (including, without limitation, correspondence, memoranda, notes, diaries, statistics, letters, telegraphs, minutes, resolutions, agendas, contracts, reports, studies, checks, statements, invoices, receipts, returns, summaries, pamphlets, books, prospectuses, inter-office and intra-office communications, offers, notations of any sort of conversation, bulletins, computer print-outs, teletypes, telefax, invoices, handwritten notes, worksheets and all drafts, alterations, modifications, changes and amendments of any of the foregoing), graphic or manual records or representations of any kind (including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, records, motion pictures, electronic, mechanical or electric records or representations of any kind including without limitation, tapes, cassettes, disks and recordings). 2. "All documents" means every document, whether an original or a copy as above defined, known to you and every such document, which can be located or discovered by reasonable, diligent efforts. 3. The conjunctions "and" and "or" shall be interpreted conjunctively and shall not be interpreted disjunctively to exclude any information otherwise within the scope of the request. 4. "Evidencing" or "relating to" means constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, pertaining to, concerning or referring to, directly or indirectly. "Possession, custody or control" of documents means actual or constructive possession, custody or control by you, including documents in the possession of your attorneys or retained consultants or experts now, or any time up unto and through the trial of this case. 6. "You" and "your" as used anywhere in this document shall refer to the Plaintiff(s) and their agents, representatives, servants and/or employees. In the event you refuse to produce any document called for by this request on the grounds of privilege, you shall identify such document and disclose the grounds for such claimed privilege. 2. Your refusal to produce any document or the objection to any request in no way excuses you from timely production of all other documents requested herein. 3. Each document request is to be fully and separately answered. 4. As to those document requests consisting of a number of sub-parts, a complete answer is required to each and every sub-part as if it were propounded as a separate document request. Should an objection to a document request be interposed, it should indicate the sub-part of the document request to which it is directed. 5. With respect to each document request, if you are able to provide some, but not all of the documents requested, you shall provide such documents as you are able, and identify specifically the documents, which you cannot provide. 6. If you refuse to respond to an document request in whole or in part, please state the grounds for such refusal, including any claim of privilege or other claim or immunity from disclosure in sufficient detail to permit the court to adjudicate the validity of the refusal. In addition, you should identify each document for which a privilege is so claimed. These instructions shall be deemed to be continuing so as to require supplemental documents, if you obtain further documents between the time the responses are served and the time of final judgement. DOCUMENT REQUESTS 1. The entire investigation files of the plaintiff, plaintiffs representative, counsel, and/or insurer, excluding references to mental impressions, conclusions, opinions, or legal theories of any attorney or other representative of the plaintiff concerning the litigation. 2. All medical bills, reports and records relating to injury allegedly sustained by the plaintiff as a result of the occurrence described in plaintiffs complaint. All medical bills, reports and records relating to prior injury to the same parts of the body claimed to be injured by plaintiff as a result of the occurrence described in plaintiff s complaint. 4. All employer's reports, tax returns, personnel records of the plaintiff, attendance records and wage statements relating to the plaintiffs loss of income as a result of the occurrence alleged in plaintiffs complaint. 5. All statements* of the plaintiff. 6. All statements of defendant or it employees. 7. All statements of witnesses or potential witnesses. 8. All names and addresses of witnesses or potential witnesses. 9. All photographs and diagrams. 10. All expert witness reports, whether or not the expert is designated as a trial witness. 11. Any and all documents referred to in the defendant's interrogatories directed to the plaintiff, as well as the plaintiffs answers thereto, including but not limited to: (1) Any and all documents referred to in interrogatories number 20 and any subparts thereof, (2) Any and all documents to which the plaintiffs expert(s) refer (or will refer) in formulating their opinion(s). 12. Plaintiffs tax returns for the five (5) years previous to the incident described in plaintiffs complaint (including the year in which the incident is alleged to have occurred). 13. Copies of any and all documents and exhibits the plaintiff intends to introduce at the time of trial, including without limitation, and to the extent that they have not been previously requested herein, records such as hospital, office, employment and income tax records, and any statements by parties or other witnesses including expert reports. 14. Copies of any and all documents in the possession of plaintiff's counsel, or the plaintiff, which relate to any and all prior litigation actions in which plaintiff was involved in any manner, or actions in which plaintiff claimed to have suffered personal injuries due to another party's negligence or actions. *"Statement" as defined by Pa. R. Civ. P. 4003.4. ? ? 7 ?t { <1 .. ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LAW Dr. Ronald Shane and Harriet Shane, his wife, No.04-2138 Plaintiffs VS. Wal-mart Stores Inc. Defendant PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW the Plaintiffs, by and through their attorney, hereby Answer Defendant's New Matter as follows: Denied. It is denied that at any time the Plaintiff assumed any risk associated with the accident or his injuries. 2. Denied. It is denied that the Plaintiffs, at any time, failed to mitigate damages. 3. Paragraph 3 contains a conclusion of law to which no responsive pleading is required. 4. Plaintiff is without sufficient knowledge or information as to whether any third party's negligence caused Plaintiff's injuries and strict proof thereof is demanded at time of trial. 5. Plaintiffs are without sufficient knowledge or information as to whether any intervening or superceding events caused Plaintiffs injuries and strict proof thereof is demanded at time of trial. 6. Plaintiffs have not executed any Release and as such, Defendant, Walmart is not released from any liability. 7. Paragraph 7 contains a conclusion of law to which no responsive pleading is required. Paragraph 8 contains a conclusion of law to which no responsive pleading is required. WHEREFORE for the foregoing reasons, Plaintiffs pray for judgment in their favor and against Defendant on the New Matter. Respectfully submitted, FIORILLO LAW By:_ J. Fiorillo, Esquire iantongo Street PA 17901 570-622-7725 Atty. I.D. No. 52825 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LAW Dr. Ronald Shane and Harriet Shane, his wife, No.04-2138 Plaintiffs vs. Wal-mart Stores Inc. Defendant CERTIFICATE OF SERVICE I, Michael J. Fiorillo, Esquire, hereby certify that on April 4? 2006, a true and correct copy of the foregoing Response to New Matter was served via First Class Mail, Postage pre-paid to the following: Myisha Lacey-Tilson, Esquire McDonnell & Associates PC 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 Michael J iorillo, Esquire ??? 4 t. 2.754 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DR. RONALD SHANE and HARRIET SHANE, his wife PLAINTIFFS V. WALMART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION- LAW NO. 04-2138 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEM PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH 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 SUBPOENAIS SOU HT TO BE SERVED, ((O'vb mofC ?? 4 Us U-? (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: June 5, 2006 By: Myisha acey-Tilson, Es ire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiff, VS. NO, 04-2138 WAL-MART STORES, INC Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: The Baltimore Life Insurance Company 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 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. 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: Mylsha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc. BY THE COURT: DATE: ZLA? 31, 2PDG ?sl 0"K7 K. Seal of the Court Prothonotary/Clerk, 04 it ivision. ADDENDUM TO SUBPOENA Any and all records and documents in your file pertaining to Dr. Ronald S. Shane, including but not limited to Letters of Decision, correspondence, memoranda, notes, agreements, documents, orders, reports, decisions, transcripts of hearings and colloquy, radiology reports, MRI films, X-rays, CAT scans, EMG reports, office notes, prescriptions, admission records, billing statements, payment records, health insurance claim forms, electronic data, medical reports and records relating to any examination, consultation, care or treatment rendered regarding: Ronald S. Shane 18 Cliff Road Sunbury, PA 17801 SSN: 057-28-0409 Date of Birth: 7130/1934 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996,42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the Plaintiff/Patient. McDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attomey I.D. No.: 62310 By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile IN THE COURT OF COMMON PLEA CIVIL ACTION - LAW DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiff's, Attomey for Defendant Wal-Mart Stores, Inc. , No. 04-2138 vs. WAL-MART STORES, INC. Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Michael J. Fiorillo, Esquire FIORILLO LAW OFFICE 217 Mahantongo Street Pottsville, PA 17901 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. Dated: May 30, 2006 By: N?s Led Myi a Lacey-Till n, Esquire Attorney for Defendant Wal-Mart Stores, Inc. ^•t7 e- h -?.754 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DR. RONALD SHANE and HARRIET SHANE, his wife PLAINTIFFS V. WALMART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 04-2138 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH 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 SUBPOENAIS SOUGHT TO BE SERVED, _US. 6-. (2) A COPY OF THE NOTICE OF INTENT, INCLUONG THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: June 5, 2006 By: ?UVAUy IL? fit, - (Qd? Myish L-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile IN THE COURT OF COMI DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiffs, vs. WAL-MART STORES, INC. Defendant. No. 04-2138 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Michael J. Fiorillo, Esquire FIORILLO LAW OFFICE 217 Mahantongo Street Pottsville, PA 17901 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. Dated: May 30, 2006 Attorney for Defendant Wal-Mart Stores, Inc. PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - LAW McDONNELL & ASSOCIATES, P.C. By. Nt?s Myi is Lacey-Tils , Esquire Attorney for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiff, vs. NO. 04-2139 WAL-MART STORES, INC Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Hartford Insurance Company - Corporate Office 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 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. 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: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc. BY THE COURT: DATE: j11 t S al o"the Court Prothonotary/Clerk, vil Division ADDENDUM TO SUBPOENA Any and all records and documents in your file pertaining to Dr. Ronald S. Shane's workers' compensation claim filed against Dr. Dean Nardis in 2003, including but not limited to Letters of Decision, correspondence, memoranda, notes, agreements, and documents denying his claim; orders, reports and decisions issued by the Pennsylvania Labor Relations Board; transcripts of hearings and colloquy; and radiology reports, MRI films, X-rays, CAT scans, EMG reports, office notes, prescriptions, admission records, billing statements, payment records, health insurance claim forms, electronic data, medical reports and records relating to any examination, consultation, care or treatment rendered regarding: Ronald S. Shane 18 Cliff Road Sunbury, PA 17801 SSN: 057-28-0409 Date of Birth: 7/30/1934 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996,42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the Plaintiff/Patient. rJa ^Sl U r?C ?, S r ?? ..,err ? ?.:y_': Fs ? ? ? R; ??? ti. _? ?::. ?, 47 ... C'? SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-02138 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHANE RONALD DR ET AL VS WAL-MART STORES INC R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named WITNESS to wit: NARDIS DEAN DR but was unable to locate Him in his bailiwick. He therefore returns the SUBPOENA the within named WITNESS NARDIS DEAN DR NOT SERVED , as to WALMART SUPERCENTER VISION CTR 60 NOBLE BLVD CARLISLE, PA 17013 WITNESS ONLY THERE ON TUESDAYS. SERVICE STOPPED PER FAX FROM ATTORNEY'S OFFICE. Sheriff's Costs: So answers Docketing 18.00 - -J Service 4.80 Postage .58 R. Thomas line Surcharge 10.00 Sheriff of Cumberland County _00 /p/j9/off ? 33 .38 MCDONNELL & ASSOCIATES L 10/15/2007 Sworn and Subscribed to before me this day of , A. D. OCT 12 2P27 4:41 PM FR MCDONNELL&ASSOCIATES337 2575 TO 17172406397 i '"b. L11W OFFICES OF McDONNELI, &ASSOCIATES, P.C. 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 New Jersey Office. $00 Route 70 West Cherry Kdl, New jersey 08002 Telephone: (856) 429.5300 Facsimile: (856} 429-5314 Reply To: Pennsylvania E-Mail Address: mtilson mcda-law.com VIA FACSIMILE 717-240-6397 Cumberland County Court of Common Pleas Sheriffs Dept. One Courthouse Square Carlisle, PA 17013 Attn: Doris October 12, 2007 Re: Shane v. Wal-Mart Stores, Inc Cumberland County C.C.P. No. 04-2138 Dear Doris: P.02 Patrick J. McDonnell- Courtney Seda McDonnell" Karen L. Green* Robert M. Dunn* t Lindsey S. Forshay* Analisa S. Sondergaard* John M. Guthrie* t Sarah M. Spletzer* Myisha Lacey-Tilson* Gina M. Mac Neill* of Counsel: Kathryn V. Chandless* t t Abp In MW YaR Pursuant to our telephone conversation of this afternoon, please stop service on the Subpoena addressed to Dr. Dean Nardis. I will reissue a new Subpoena to be served to allow proper time for service. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me. Very truly yours, McDONNELL & ASSOCIATES, P.C. nak Leslie A. Knorr, Paralegal to Myisha Lacey-Tilson, Esquire ** TOTAL PAGE.02 ** SHERIFF'S RETURN - REGULAR CASE NO: 2004-02138 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHANE RONALD DR ET AL VS WAL-MART STORES INC SGT JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon r?r'a-rte --T T'r% the WITNESS at 1125:00 HOURS, on the 23rd day of October , 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DR. DEAN NARDIS a true and attested copy of SUBPOENA together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 1013%7 9_ ? 28.00 Sworn and Subscibed to before me this day So Answers: .i d= ..' R. Thomas Kline 10/23/2007 MCDONNELL & ASSOCIATES By ?. Jo Deputy Sheriff of A. D. 2,754 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DR. RONALD SHANE and HARRIET SHANE, his wife PLAINTIFFS V. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 04,2138 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 WAL-MART STORES, INC. AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT 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 H AS 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. McDONNELL & ASSOCIATES, P.C. Date: December 17, 2007 By: Myisha acey-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ?t. ??\a SYk.?e cc1a - v. File No. ! a 3 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: E m(' rrrpxcc jon (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: at 4 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: VLSI I % S? I -rx Q-- -T, ?Sa1, C-SA. Z. S'ye 15a ADDRESS: Coot S. t40n6Qn ? l4u nio TELEPHONE: t .10 - 3 # cl SUPREME COURT ID ATTORNEY FOR: dPCellr?r??- BY THE COURT: Prothonotary, Civil Division ?-Pruss?t, , ?n 14 40b Date: 'Seal of the Court Deputy P z', r? ca A - , rn n b McDONNELL & ASSOCIATES, P.C. BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 DR. RONALD SHANE and . HARRIET SHANE, his wife . Plaintiffs, VS. WAL-MART STORES, INC. Defendant. Attorney for Defendant, Wal-Mart Stores, Inc COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04-2138 JURY TRIAL DEMANDED DEFENDANT'S, WAL-MART STORES, INC., MOTION TO COMPEL EXECUTION OF TAX AUTHORIZATION FORMS Defendant, Wal-Mart Stores, Inc. (hereinafter "Wal-Mart"), by and through its attorneys, McDonnell & Associates, P.C., hereby moves this Honorable Court to enter an Order compelling Plaintiffs Dr. Ronald Shane and Harriet Shane to execute the authorizations for the release of their tax information from the Internal Revenue Service. In support of its Motion, Wal-Mart avers as follows: 1. The filing of a Complaint on May 13, 2004 commenced the instant Civil Action. 2. Defendant filed a timely Answer to the Complaint. 3. On or about July 25, 2005 Defendant's First Attorney filed a withdrawal of appearance. 4. Thereafter, McDonnell & Associates entered its appearance. 5. Plaintiff Ronald Shane, an optometrist, claims that on April 19, 2003, he slipped on a curb and fell near the Lawn & Garden Department outside of the Wal-Mart Store in Carlisle, PA. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "A." 6. In paragraph 16 of his Complaint, Plaintiff alleges that he "has been prevented from attending to his customary occupation and therefore lost and will continue to lose wages and income." See Exhibit "A." 7. Plaintiff's conservative estimate of his lost income is $350,000.00. 8. Pa. R.C.P. 4003.1 §(a) states that "a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action...". Section (b) goes on to state that "it is not grounds for objection that the information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to discovery of admissible evidence." 9. Under Pennsylvania law, it is clear that by making a claim for personal injury, an individual must expect reasonable inquiry and investigation to be made of his claim and to that extent, the individual's privacy interests are circumscribed. Foster v. Manchester, 410 Pa. 192, 189 A.2d 147 (1963). 10. On or about September 9, 2008, Defendant sent a letter to Plaintiffs' counsel enclosing authorization forms for the release of Plaintiffs' tax information for the three years preceding the incident and the subsequent years to date. See counsel correspondence attached hereto as Exhibit "B." 11. Plaintiffs failed to provide any response to Defendant's letter. 12. On October 10, 2008, Defendant sent a follow up letter to Plaintiffs' attorney requesting the signed authorization forms within seven (7) days. See counsel correspondence attached hereto as Exhibit "C." 13. To this date, Defendant has not received the requested authorization forms signed by Plaintiffs. 14. Plaintiff testified at his deposition that over the last ten years, he has filed tax returns for all of his income and identified his employers in the returns. See Pl. Dep., p. 10 1, lines 10-15 attached as Exhibit "D." 15. Wal-Mart is prejudiced by its inability to obtain the requested records from the IRS. This information is clearly relevant in a personal injury case where Plaintiffs are alleging significant economic damages, lost wages and earning capacity. 16. Pa.R.C.P. 4019 empowers this Court to enter an Order compelling the Plaintiffs to fully and completely respond to Wal-Mart's discovery requests. WHEREFORE, Defendant Wal-Mart respectfully requests that this Court issue an Order compelling Plaintiffs Dr. Ronald Shane and Harriet Shane to execute the attached tax authorization forms or suffer further sanctions. Dated: October 29, 2008 By: Myisha Lacey Tilson, q Attorney for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. C - E uire VERIFICATION I, Myisha Lacey-Tilson, Esquire, hereby state that I am the attorney in this action for Defendant, Wal-Mart Stores, Inc., and I verify that the statements made in the foregoing Motion to Compel are true and correct upon personal knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: October 29, 2008 Myisha Lacey-Tilson, Esquire McDONNELL & ASSOCIATES, P.C. BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney for Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and HARRIET SHANE, his wife COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, NO.: 04-2138 VS. WAL-MART STORES, INC. JURY TRIAL DEMANDED Defendant. ATTORNEY CERTIFICATION OF GOOD FAITH Pursuant to Delaware County Local R.C.P. 208.2(e) The undersigned counsel for movant hereby certifies and attests that: ® a. He or she has had the contacts described below with opposing counsel or unrepresented party regarding the discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel's good faith attempts to resolve the dispute(s), counsel have been unable to do so without Court intervention. Description of effort to resolve discovery motion: See Motion. ? b. He or she was unsuccessful in actually contacting opposing counsel or unrepresented party in an attempt to resolve the discovery dispute(s) despite his or her good faith efforts to do so. Description of effort to resolve discovery motion: CERTIFIED TO THE COURT BY: McDONNELL & ASSOCIATES, P.C. Dated: October 29, 2008 By: Myish Lacey-Tilson, Esquire Attorney for Defendant Wal-Mart Stores, Inc McDONNELL & ASSOCIATES, P.C. BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney for Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and COURT OF COMMON PLEAS HARRIET SHANE, his wife CUMBERLAND COUNTY Plaintiffs, NO.: 04-2138 VS. WAL-MART STORES, INC. JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE I, Myisha Lacey-Tilson, Esquire, hereby certify that a true and correct copy of Defendant, Wal-Mart Stores, Inc.'s Motion to Compel Execution of Tax Authorization Forms was served via Facsimile on October 29, 2008 to the counsel below named: Michael J. Fiorillo, Esquire Fiorillo Law Office 217 Mahantongo Street Pottsville, PA 17901 Counsel for Plaintiffs McDONNELL & ASSOCIATES, P.C. By: Myisha Lac y-Tilson, Esquire Attorney for Defendant Wal-Mart Stores, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LAW Dr. Ronald Shane and Harriet Shane, ?? his wife, No. cbq - a 3 P l.. l v Plaintiffs VS. Wal-mart Stores Inc. Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint, and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyers Referral Service 100 South Street, P.O. Box 166 Harrisburg, PA 17108 1-800-692-7375 C.l T1 - W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LAW Dr. Ronald Shane and Harriet Shane, his wife, No. Plaintiffs VS. Wal-mart Stores Inc. Defendant COMPLAINT AND NOW the Plaintiffs, by and through their attorney, Michael J. Fiorillo, Esquire, hereby files this Complaint and in support thereof aver as follows: 1. The Plaintiffs are Dr. Ronald Shane and Harriet Shane, his wife, adult individuals residing at 18 Cliff Road, Sunbury, Northumberland County, Pennsylvania 17801. 2. The Defendant, Walmart Stores Inc., a corporation with headquarters at 702 S. W. 8" Street, Bentonville, AR 72716. The Defendant owns and operates retail stores throughout the United States of America. 3. The Defendant owns and operates a retail store at 60 Noble Blvd. Carlisle, Pennsylvania, 17013. 4. On April 19, 2003, at approximately 2:05 p.m., the Plaintiff, Dr. Ronald Shane, was working at a facility known as Walmart Optical which is operated by Dr. Dean Nardis. The Plaintiff was not employed by Defendant. 5. At the aforementioned date and time, the Plaintiff, Dr. Shane, and Dr. Nardis were walking from the Walmart Optical section of Defendant's store to a restaurant near Defendant's place of business. b. While exiting Defendant's store, Plaintiff and Dr. Nardis were walking along the sidewalk in front of the store where they encountered farm implements placed on the sidewalk by employees of Defendant. 7. Upon information and belief, these farm implements were placed on the sidewalk as items for sale by Defendant. 8. On the morning of April 19, 2003 it had rained and upon information and belief there was a wet, oily mixture in the area of the parking lot immediately abutting the sidewalk where Plaintiff was walking. 9. But for the placement of the farm implements on the sidewalk, the Plaintiff would not have left the sidewalk at this particular location in order to reach his destination. 10. At the times mentioned above Defendant had the duty to maintain its business premises in a reasonably safe condition for business invitees, including Plaintiff. It. In violation of this duty the Defendant negligently permitted and maintained on the business premises an obstruction in its sidewalk causing Plaintiff and other persons to leave the sidewalk and stop in the area traveled by vehicles in the parking lot. 12. While walking around the farm implements, Dr. Shane struck a wet, slippery substance causing him to fall to the ground and seriously injuring him. 13. As a proximate result of the negligence of Defendant, the Plaintiff was injured in his health, strength and activities. 14. Plaintiff sustained bodily injuries and shock to his nervous system which have caused and will continue to cause great mental, emotional and physical pain and suffering. Dr. w Shane's injuries included but are not limited to the following: (A) Dislocation of left shoulder; (B) Broken bone in scapula; (C) Torn rotator cuff and accompanying soft tissue damage; (D) Fracture of Glenoid bone (E) Shock to his system resulting in increased blood sugar levels aggravating Plaintiff's pre-existing diabetes and created a hypothyroid condition causing vertical diplopia which may be permanent. 15. A further proximate result of the negligence of Defendant, Plaintiff has incurred and will continue to incur medical, hospital and related expenses. 16. As a further proximate result of the negligence of Defendant Plaintiff has been prevented from attending to his customary occupation and therefore lost and will continue to lose wages and income. 17. Defendant negligently, carelessly and improperly failed to provide a reasonably safe sidewalk for Plaintiff to walk. 18. Defendant knew or in the exercise of reasonable care should have known of the existence of the blocked sidewalk which caused patrons, customers, invitees, and in this case , Plaintiff to leave the sidewalk and walk in an area where there was a wet and slippery condition thereby causing the likelihood that a person would slip and fall and be injured as a result. 19. The Plaintiff Harriet Shane, is Dr. Shane's wife and as a result of the injuries to Dr. Shane, Plaintiff Harriet Shane makes claim for loss of consortium. WHEREFORE Plaintiffs request judgment against Defendant in an amount in excess of $50,000.00 including costs of suit, interest, delay damages if applicable, and such other relief as the Court deems just and proper. Respectfully submitted, FIORILLO LAW OFFICES BY: kic? haet J. Fiorillo, Esquire 217 Mahantongo Street Pottsville, PA 17901 570-622-7725 Atty. I.D. No. 52825 VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Pursuant to Pennsylvania Rules of Civil Procedure Nos. 76 and 1024, I, Ronald Shane, Plaintiff, state and affirm that the facts contained in the preceding document are true upon my information and belief and I make this statement subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities. Ro ld Shane DATED: VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Pursuant to Pennsylvania Rules of Civil Procedure Nos. 76 and 1024, I, Harriet Shane, Plaintiff, state and a$irm that the facts contained in the preceding document are true upon my information and belief and I make this statement subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities. Harriet Shane DATED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LAW Dr. Ronald Shane and Harriet Shane, his wife, No. Plaintiffs Vs. Wal-mart Stores Inc. Defendant CERTIFICATE OF SERVICE I, Michael J. Fiorillo, Esquire, Counsel for the Plaintiffs hereby certify that a true and correct copy of the foregoing Complaint was served Via Certified Mail, Return Receipt Requested to the following: Walmart Stores Inc. 742 S. W. 8h Street Bentonville, AR 72716 Michael o, Esquire ?1 n M 117/2 04:28 ':, can O .fl O tJ1 OR1 ?,. # O Q tit r 1?AILSTOg ' LEGAL ?tAILROtlTE.BLOE 23,5 NAIL STATION : 0 M5 ri H 1D ? N 0 ?.1 N ON O 4 Y O O mm WO mmm_ N WN 01 ' ? O (iQ f? O J v •? U r 0 C] C3 W 6' Ir -0 ru C] Q Q a li O tM-N y O m i 7i? LAW OFFICES OF McDONNELL & ASSOCIATES, P. C. Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 New Jersey Office: 500 Route 70 West Cherry Hill, New Jersey 08002 Telephone: (858) 429-5300 Facsimile: (858) 429-5314 Reply To: Pennsylvania E-Mail Address: mtilson@mcda-law.com September 9, 2008 VIA FACSIMILE (570) 622-8773 Michael J. Fiorillo, Esquire FIORILLO LAW OFFICE 217 Mahantongo Street Pottsville, PA 17901 Re: Ronald Shane, et al v. Wal-Mart Stores, Inc. Cumberland County C.C.P. No. 04-2138 Dear Mr. Fiorillo: Patrick J. McDonnell* Courtney Seda McDonnell* Karen L. Green* Robert M. Dunn* t Lindsey S. Forshay* Analisa Sondergaard* Christine D. Steere* Sarah M. Spletzer* Myisha Lacey-Tilson* Brendan D. Hennessy' Nancy E. Zangrilli* tt Mehvush S. Cabrales* Of Counsel: Kathryn V. Chandless* t Admitted in Pennsylvania and New Jersey t Admitted in New York tt Admitted In Massachusetts Enclosed please find authorization forms for the Release of the above Plaintiffs' Tax Information. Kindly arrange for your clients' execution of same and return said forms to our office. Thank you for your attention. Very truly yours, McDONNELL & ASSOCIATES, P.C. Myisha Lacey-Tilson, Esquire MLT/to Enclosure 4506-T Request for Transcript of Tax Return Form ? Do not sign this form unless all applicable lines have been completed. (Rev. January 2008) Read the instructions on page 2. OMB No. 1545-1872 ? Request may be rejected if the form is incomplete, illegible, or any required Department of the Treasury line was blank at the time of signature. Internal Revenue Service Tip: Use Form 4506-T to order a transcript or other return information free of charge. See the product list below. You can also call 1-800-829-1040 to order a transcript. If you need a copy of your return, use Form 4506, Request for Copy of Tax Return. There is a fee to get a copy of your return. 1a Name shown on tax return. If a joint return, enter the name shown first. 1b First social security number on tax return or employer identification number (see instructions) Ronald Shane 057-28-0409 2a If a joint return, enter spouse's name shown on tax return 2b Second social security number if joint tax return Harriet Shane 180 32 6905 3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code 18 Cliff Road, Sunbury, PA 17801 4 Previous address shown on the last return filed if different from line 3 5 If the transcript or tax information is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. The IRS has no control over what the third party does with the tax information. McDonnell & Associates, P.C. 860 First Avenue, Suite 5B, King of Prussia, PA 19406 610-337-2087 Caution: DO NOT SIGN this form if a third party requires you to complete Form 4506-T, and lines 6 and 9 are blank. 6 Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request. ? 1040 a Return Transcript, which includes most of the line items of a tax return as filed with the IRS. Transcripts are only available for the following returns: Form 1040 series, Form 1065, Form 1120, Form 1120A, Form 1120H, Form 1120L, and Form 1120S. Return transcripts are available for the current year and returns processed during the prior 3 processing years. Most requests will be processed within 10 business days . . . . . . . . . . . . . . . . . . . . . . . . . . b Account Transcript, which contains information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed. Return information is limited to items such as tax liability ? and estimated tax payments. Account transcripts are available for most returns. Most requests will be processed within 30 calendar days c Record of Account, which is a combination of line item information and later adjustments to the account. Available for current year ? and 3 prior tax years. Most requests will be processed within 30 calendar days . . . . . . . . . . . . . . . . 7 Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. Most requests will be processed ? within 10 business days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript. The IRS can provide a transcript that includes data from these information returns. State or local information is not included with the Form W-2 information. The IRS may be able to provide this transcript information for up to 10 years. Information for the current year is generally not available until the year after it is filed with the IRS. For example, W-2 information for 2006, filed in 2007, will not be available from the IRS until 2008. If you need W-2 information for retirement purposes, you ? should contact the Social Security Administration at 1-800-772-1213. Most requests will be processed within 45 days . . . . . . . Caution: if you need a copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filed with your return, you must use Form 4506 and request a copy of your return, which includes all attachments. 9 Year or period requested. Enter the ending date of the year or period, using the mm/dd/yyyy format. If you are requesting more than four years or periods, you must attach another Form 4506-T. For requests relating to quarterly tax returns, such as Form 941, you must enter each quarter or tax period separately. 12 / 31 / 00 12 / 31 / 01 12 / 31 / 02 12 / 31 / 03 Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1 a or 2a, or a person authorized to obtain the tax information requested. If the request applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, tax matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute Form 4506-T on behalf of the taxpayer. Telephone number of taxpayer on line 1 a or 2a ' Sign Signature (see instructions) Date ( ) Here ' Title (if line 1a above is a corporation, partnership, estate, or trust) ' Spouse's signature Date For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 37667N Form 4506-T (Rev. 1-2008) 4506-T Request for Transcript of Tax Return Form ? Do not sign this form unless all applicable lines have been completed. (Rev. January 2008) Read the instructions on page 2. OMB No. 1545-1872 ? Request may be rejected if the form is incomplete, illegible, or any required Department of the Treasury Internal Revenue Service line was blank at the time of signature. Tip: Use Form 4506-T to order a transcript or other return information free of charge. See the product list below, You can also call 1-800-829-1040 to order a transcript. If you need a copy of your return, use Form 4506, Request for Copy of Tax Return. There is a fee to get a copy of your return. is Name shown on tax return. If a joint return, enter the name shown first. lb First social security number on tax return or employer identification number (see instructions) Ronald Shane 057-28-0409 2a If a joint return, enter spouse's name shown on tax return 2b Second social security number if joint tax return Harriet Shane 180 32 6905 3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code 18 Cliff Road, Sunbury, PA 17801 4 Previous address shown on the last return filed if different from line 3 5 If the transcript or tax information is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. The IRS has no control over what the third party does with the tax information. McDonnell & Associates, P.C. 860 First Avenue, Suite 5B, King of Prussia, PA 19406 610-337-2087 Caution: DO NOT SIGN this form if a third party requires you to complete Form 4506-T, and lines 6 and 9 are blank. 6 Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request. ? 1040 a Return Transcript, which includes most of the line items of a tax return as filed with the IRS. Transcripts are only available for the following returns: Form 1040 series, Form 1065, Form 1120, Form 1120A, Form 1120H, Form 1120L, and Form 1120S. Return transcripts are available for the current year and returns processed during the prior 3 processing years. Most requests will be processed within 10 business days . . . . . . . . . . . . . . . . . . . . . . . . . . . b Account Transcript, which contains information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed. Return information is limited to items such as tax liability O and estimated tax payments. Account transcripts are available for most returns. Most requests will be processed within 30 calendar days . c Record of Account, which is a combination of line item information and later adjustments to the account. Available for current year ? and 3 prior tax years. Most requests will be processed within 30 calendar days . . . . . . . . . . . . . . . . . 7 Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. Most requests will be processed ? within 10 business days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript. The IRS can provide a transcript that includes data from these information returns. State or local information is not included with the Form W-2 information. The IRS may be able to provide this transcript information for up to 10 years. Information for the current year is generally not available until the year after it is filed with the IRS. For example, W-2 information for 2006, filed in 2007, will not be available from the IRS until 2008. If you need W-2 information for retirement purposes, you ? should contact the Social Security Administration at 1-800-772-1213. Most requests will be processed within 45 days . . . . . . . ? Caution: If you need a copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filed with your retum, you must use Form 4506 and request a copy of your return, which includes all attachments. 9 Year or period requested. Enter the ending date of the year or period, using the mm/dd/yyyy format. If you are requesting more than four years or periods, you must attach another Form 4506-T. For requests relating to quarterly tax returns, such as Form 941, you must enter each quarter or tax period separately. 12 / 31 / 04 12 / 31 / 05 12 / 31 / 06 12 / 31 / 07 Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1 a or 2a, or a person authorized to obtain the tax information requested. If the request applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, tax matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute Form 4506-T on behalf of the taxpayer. ' Sign Signature (see instructions) Here Title (if line to above is a corporation, partnership, estate, or trust) Date Telephone number of taxpayer on line 1 a or 2a Spouse's signature For Privacy Act and Paperwork Reduction Act Notice, see page 2. Date Cat. No. 37667N Form 4506-T (Rev. 1-2008) JOB STATUS REPORT ** AS OF SEP 09 2008 1:04 PM PAGE-01 MCDONNELL&ASSOCIATES JOB #018 DATE TIME TO/FROM MODE MIN/SEC PGS STATUS 001 9/09 1:01P 5706228773 EC--S 01'43" 004 OK IAAW OFFICES OF .Ltr cDONNfLL & A,SSOCIATES, P. C. 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 New JerseyOTO 500 AouOe 70 West Cherry Kk New Jersey 08002 Telephone: (856) 420-6900 Facsimire: (856) 420.5914 Reply To: Pennsylvania E-Mail Address: mdlsonflcda-laW.com FAX TRANSMISSION TO: Michael ]. Fiorillo, fEsauire Fax #: 570-522-8773 FROM: Myisha iLaca-Tlson, fEsaulm DATE: September 9, 2008 Patrick J. McDonnell' Courtney Soda McDonnell' Karen L Green" Robert M. Dunn" t Lindsey S. ForsW Analiss S. Sondergaard" John M. Guthrie' f Sarah M. Spletzer" MyMa Lacsy-Tilson• Gina M. Mac Neilr' Brendan D. Hennessy" OrCounsel., Kathryn V. Chandless' t • ne.w.ai.r-.wvw.+.?au?+?w A*~ " RM YOM CLi LENT/MATTER NO: Shane, at al. v. wall-Mart Stores PAGES: 3 (including this cover sheet) COMMENTS: ORIGINAL _ WILL X WILL NOT FOLLOW THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL. AND ATTORNEY PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. LAW OFFICES OF IVICDONNELL&ASSOCIATES, P.C. 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 New Jersey Office: 500 Route 70 West Cherry Hill, New Jersey 08002 Telephone: (856) 429-5300 Facsimile: (856) 429-5314 Reply To: Pennsylvania E-Mail Address: mtilsonlcr7_mcda-law.com FAX TRANSMISSION To: Fax #: FROM: DATE: CLIENT/ MATTER NO: PAGES: COMMENTS: ORIGINAL Michael J. Fiorillo, Esquire 570-622-8773 Myisha Lacey-Tilson, Esquire September 9, 2008 Shane, et al. v. Wal-Mart Stores 3 (including this cover sheet) Patrick J. McDonnell* Courtney Seda McDonnell* Karen L. Green* Robert M. Dunn* t Lindsey S. Forshay* Analisa S. Sondergaard* John M. Guthrie* t Sarah M. Spletzer* Myisha Lacey-Tilson* Gina M. Mac Neill* Brendan D. Hennessy* Of Counsel: Kathryn V. Chandless* t Admired in Pennsylvania and New Jersey f Admitted in Naw York WILL X WILL NOT FOLLOW THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL AND ATTORNEY PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. LAW OFFICES OF McDONNELL &AS$OCIATO, P. C. Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 New Jersey Office: 500 Route 70 West Cherry Hill, New Jersey 08002 Telephone: (856) 429-5300 Facsimile: (856) 429-5314 Reply To: Pennsylvania E-Mail Address: mtilson@mcda-law.com October 10, 2008 VIA FACSIMILE (570) 622-8773 Michael J. Fiorillo, Esquire FIORILLO LAW OFFICE 217 Mahantongo Street Pottsville, PA 17901 Re: Ronald Shane, et al v. Wal-Mart Stores, Inc. Cumberland County C.C.P. No. 04-2138 Dear Mr. Fiorillo: Patrick J. McDonnell* Courtney Seda McDonnell* Karen L. Green* Robert M. Dunn* t Lindsey S. Forshay* Analisa Sondergaard* Christine D. Steere* Sarah M. Spletzer* Myisha Lacey-Tilson* Brendan D. Hennessy* Nancy E. Zangrilli* ft Mehvush S. Cabrales* Of Counsel. Kathryn V. Chandless* t Admitted in Pennsylvania and New Jersey t Admixed in New York tt Admitted In Massachusetts On September 9, 2008, we forwarded authorization forms for the Release of the above Plaintiffs' Tax Information. To this date, we have not received the requested signed authorization forms, which are necessary and relevant as your clients are alleging lost wages and earning capacity. Kindly provide us with said authorization forms within seven (7) days to avoid the filing of a motion to compel. Thank you for your attention. Very truly yours, McDONNELL & ASSOCIATES, P.C. 9yV Myisha Lacey-Tilson, Esquire MLT/to JOB STATUS REPORT 1* AS OF OCT 10 2008 10:45 AM PAGE.01 MCDONNELL&ASSOCIATES JOB #836 DATE TIME TO/FROM MODE MIN/SEC PGS STATUS 001 10%10 10:43A 5706228773 EC--S 00'45" 002 OK LAW OFFICES OF McDONNELL & AmCrATES, P. C. 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Now Jersey 01ffcs: 800 Route 70 west Curry Hill, Now Jersey 0$002 Telephone; (858) 4285300 Faraimge; (858) 429-5314 Reply To: Pennsylvania E-Mail Address: mtilson0mcda-law.com FAX TRANSMISSION To., Michael J. Fiorillo. Esctuire Fax #: 570-622-8773 FRom: MASha Lacey-Tilson, Esauiire DATE: 9ctober 10.2008 Patrick J. McDonnell* Courtney Seda McDonnell* Karen L. Green* Robert M. Dunn* t Lindsey S. ForshW Analisa S. Sondergaard* John M. Guthrie' t Sarah M. Spletzer* Myisha Lacey-Titson* Gina M. Mac Neill* Brendan D. Henne3sy* Of Counsel: Kathryn V. Chandless' 1 - AdmilOgl M V.mwyNam. and Na. J.f!!f t A*&4W k N" York CLIENTIMATTER No: Shane, et ai. v. Wal-Mart Stares PAGES: i (including this cover sheet) COMMENTS: ORIGINAL WILL X WILL NOT FOLLOW THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL AND ATTORNEY PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. LAW OFFICES OF IVICDONNEI,I, $z ASSOCIATES, P.C. 601 S. Henderson Road, Suite 152 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 New Jersey Office: 500 Route 70 West Cherry Hill, New Jersey 08002 Telephone: (856) 429-5300 Facsimile: (656) 429-5314 Reply To: Pennsylvania E-Mail Address: mtilson(ED-mcda-law.com FAX TRANSMISSION To: Fax #: FROM: DATE: CLIENT MATTER NO: PAGES: COMMENTS: ORIGINAL Michael 1. Fiorillo, Esquire 570-622-8773 Myisha Lacey-Tilson, Esquire October 10, 2008 Shane, et al. v. Wal-Mart Stores 1(including this cover sheet) Patrick J. McDonnell* Courtney Seda McDonnell* Karen L. Green* Robert M. Dunn* t Lindsey S. Forshay* Analisa S. Sondergaard* John M. Guthrie* t Sarah M. Spletzer* Myisha Lacey-Tilson* Gina M. Mac Neill* Brendan D. Hennessy* Of Counsel. Kathryn V. Chandless* t Admitted in Pennsylvania and New Jersey t Admitted in New York WILL X WILL NOT FOLLOW THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL AND ATTORNEY PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. 101 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Dr. Samad. Q Can I see this real quick? A Sure. Q Okay. So this letter is like a disability letter from Dr. Samad, correct? A (No audible response.) MR. MCDONNELL: We'll mark this Shane 7. (Shane Exhibit No. 7 marked.) BY MR. MCDONNELL: Q Now, I assume that you filed tax returns for all the income and everything else like that and identified your employers over the last ten years? A You're correct. Q You're shaking your head yes? A Yes. Q All right. I asked you whether or not you talked to anybody at Wal-Mart on the day of the accident. Since the day of the accident, have you talked to any of the managers or people at Wal-Mart about the happening of the accident? A Other than Dr. Nardis? Q Right. A Just Dr. Nardis. Q Okay. How about anybody in the store proper, the store manager, the assistant manager, anybody else? ..,> . -?, Y 7 .?.. i 1 . ?... ?;.? McDONNELL & ASSOCIATES, P.C. BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 DR. RONALD SHANE and . HARRIET SHANE, his wife . Plaintiffs, VS. WAL-MART STORES, INC. . Defendant. Attorney for Defendant, Wal-Mart Stores, Inc COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04-2138 JURY TRIAL DEMANDED DEFENDANT'S, WAL-MART STORES, INC., AMENDED MOTION TO COMPEL EXECUTION OF TAX AUTHORIZATION FORMS Defendant, Wal-Mart Stores, Inc. (hereinafter "Wal-Mart"), by and through its attorneys, McDonnell & Associates, P.C., hereby moves this Honorable Court to enter an Order compelling Plaintiffs Dr. Ronald Shane and Harriet Shane to execute the authorizations for the release of their tax information from the Internal Revenue Service. In support of its Motion, Wal-Mart avers as follows: 1. The filing of a Complaint on May 13, 2004 commenced the instant Civil Action. 2. Defendant filed a timely Answer to the Complaint. 3. On or about July 25, 2005, Defendant's First Attorney filed a withdrawal of appearance. 4. Thereafter, McDonnell & Associates entered its appearance. 5. On April 7, 2006, Defendant filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents against Plaintiffs as they failed to respond to Defendant's requests for discovery within the time prescribed by the Pennsylvania Rules of Civil Procedure. 6. Thereafter, Plaintiffs finally responded to Defendant's discovery prior to the entry of an order compelling same. 7. Plaintiff Ronald Shane, an optometrist, claims that on April 19, 2003, he slipped on a curb and fell near the Lawn & Garden Department outside of the Wal-Mart Store in Carlisle, PA. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "A." 8. In paragraph 16 of his Complaint, Plaintiff alleges that he "has been prevented from attending to his customary occupation and therefore lost and will continue to lose wages and income." See Exhibit "A." 9. Plaintiff's conservative estimate of his lost income is $350,000.00. 10. Pa. R.C.P. 4003.1 §(a) states that "a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action...". Section (b) goes on to state that "it is not grounds for objection that the information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to discovery of admissible evidence." 11. Under Pennsylvania law, it is clear that by making a claim for personal injury, an individual must expect reasonable inquiry and investigation to be made of his claim and to that extent, the individual's privacy interests are circumscribed. Foster v. Manchester, 410 Pa. 192, 189 A.2d 147 (1963). 12. On or about September 9, 2008, Defendant sent a letter to Plaintiffs' counsel enclosing authorization forms for the release of Plaintiffs' tax information for the three years preceding the incident and the subsequent years to date. See counsel correspondence attached hereto as Exhibit "B." 13. Plaintiffs failed to provide any response to Defendant's letter. 14. On October 10, 2008, Defendant sent a follow up letter to Plaintiffs' attorney requesting the signed authorization forms within seven (7) days. See counsel correspondence attached hereto as Exhibit "C." 15. To this date, Defendant has not received the requested authorization forms signed by Plaintiffs. 16. Plaintiff testified at his deposition that over the last ten years, he has filed tax returns for all of his income and identified his employers in the returns. See Pl. Dep., p.101, lines 10-15 attached as Exhibit "D." 17. Wal-Mart is prejudiced by its inability to obtain the requested records from the IRS. This information is clearly relevant in a personal injury case where Plaintiffs are alleging significant economic damages, lost wages and earning capacity. 18. Pa.R.C.P. 4019 empowers this Court to enter an Order compelling the Plaintiffs to fully and completely respond to Wal-Mart's discovery requests. 19. No judge has ruled upon any other issue in this matter. 20. As stated above, the concurrence of Plaintiff's attorney was sought via written correspondence and counsel failed to provide any response. WHEREFORE, Defendant Wal-Mart respectfully requests that this Court issue an Order compelling Plaintiffs Dr. Ronald Shane and Harriet Shane to execute the attached tax authorization forms or suffer further sanctions. McDONNELL & ASSOCIATES, P.C. Dated: November 4, 2008 By: Myisha Lacey-Tilson, Esquire Attorney for Defendant Wal-Mart Stores, Inc. VERIFICATION I, Myisha Lacey-Tilson, Esquire, hereby state that I am the attorney in this action for Defendant, Wal-Mart Stores, Inc., and I verify that the statements made in the foregoing Amended Motion to Compel are true and correct upon personal knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: November 4, 2008 Myisha Lacey-Tilson, Esquire McDONNELL & ASSOCIATES, P.C. BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney for Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and HARRIET SHANE, his wife COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, NO.: 04-2138 VS. WAL-MART STORES, INC. JURY TRIAL DEMANDED Defendant. ATTORNEY CERTIFICATION OF GOOD FAITH Pursuant to Delaware County Local R.C.P. 208.2(e) The undersigned counsel for movant hereby certifies and attests that: ® a. He or she has had the contacts described below with opposing counsel or unrepresented party regarding the discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel's good faith attempts to resolve the dispute(s), counsel have been unable to do so without Court intervention. Description of effort to resolve discovery motion: See Motion. ? b. He or she was unsuccessful in actually contacting opposing counsel or unrepresented party in an attempt to resolve the discovery dispute(s) despite his or her good faith efforts to do so. Description of effort to resolve discovery motion: CERTIFIED TO THE COURT BY: McDONNELL & ASSOCIATES, P.C. Dated: November 4, 2008 By: 0?6", Myis a Lacey-Tilson, Esquire Attorney for Defendant Wal-Mart Stores, Inc McDONNELL & ASSOCIATES, P.C. BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney for Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and HARRIET SHANE, his wife COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, NO.: 04-2138 VS. WAL-MART STORES, INC. JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE I, Myisha Lacey-Tilson, Esquire, hereby certify that a true and correct copy of Defendant, Wal-Mart Stores, Inc.'s Amended Motion to Compel Execution of Tax Authorization Forms was served via Facsimile on November 4, 2008 to the counsel below named: Michael J. Fiorillo, Esquire Fiorillo Law Office 217 Mahantongo Street Pottsville, PA 17901 Counsel for Plaintiffs McDONNELL & ASSOCIATES, P.C. c By: Myisha Lacey-Tilson, Esquire Attorney for Defendant Wal-Mart Stores, Inc. C'_? ?+_? J - ,7 ? .:. 3 _ ..? ti.,..S -`g Ti ., -1. ... .,.. Cv? ? ?. ? ... !'_._ } ?? i.J °-<: DR. RONALD SHANE and HARRIET SHANE, his wife, Plaintiffs vs. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2138 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this 7' day of November, 2008, a rule is issued on the plaintiffs to show cause, if any, why the relief requested in the within motion to compel ought not to be granted. Said rule returnable twenty (20) days after service. If a response is filed, same shall contain a proposed order for argument. BY THE COURT, Michael J. Fiorillo, Esquire /For the Plaintiffs Myisha Lacey-Tilson, Esquire For the Defendant :rlm /'? (21--5f E s m;;, r Ir A L LVF ?yt iii L{t3 w ? t?? ? .i (?t McDONNELL & ASSOCIATES, P.C. BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 Metropolitan Business Center 860 First Avenue, Suite 513 King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney for Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and HARRIET SHANE, his wife Plaintiffs, VS. WAL-MART STORES, INC. Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04-2138 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW MOTION TO COMPEL TO THE PROTHONOTARY: Kindly withdraw Defendant's, Wal-Mart Stores, Inc., Amended Motion to Compel Execution of Tax Authorization Forms filed with the Court on November 5, 2008 in the above-captioned matter. McDONNELL & ASSOCIATES, P.C. Dated: December 4, 2008 By: Myisha acey-Tilson, Esquire Attorneys for Defendant Wal-Mart Stores, Inc. sa McDONNELL & ASSOCIATES, P.C. BY: Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, Pennsylvania 19406 Telephone: (610) 337-2087 Facsimile: (610) 337-2575 Attorney for Defendant, Wal-Mart Stores, Inc DR. RONALD SHANE and HARRIET SHANE, his wife COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, VS. WAL-MART STORES, INC. Defendant. NO.: 04-2138 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Myisha Lacey-Tilson, Esquire, hereby certify that a true and correct copy of Defendant, Wal-Mart Stores, Inc.'s Praecipe to Withdraw Motion to Compel was served via Facsimile on December 4, 2008 to the counsel below named: Michael J. Fiorillo, Esquire Fiorillo Law Office 217 Mahantongo Street Pottsville, PA 17901 Counsel for Plaintiffs McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney for Defendant Wal-Mart Stores, Inc. t? ra > C-1 Fri. t I co ;? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Dr. Ronald Shane and Harriet Shane w/h (Plaintiff) (other) vs. The trial list will be called on June 1, 2010 and Wal-Mart Stores,Inc. VS. (Defendant) Trials commence on June 21, 2010 Pretrials will be held on June 9, 2010 (Briefs are due S days before pretrials No04-2138 Civil No. , Indicate the attorney who will try case for the party who files this praecipe: Patrick J. McDonnell, Esquire Term Indicate trial counsel for other parties if known: Michael J. Fiorillo, Esquire This case is ready for trial. Signed: 10-402AA-? Myisha Lacey-Tilson, Esquire Print Name: (check one) ?X Civil Action - Law ? Appeal from arbitration December 22, 2009 Attorney for: Wal-Mart Stores, Inc. Date: Cp I -?- l.. tt 4 ? iasoc) Pp A? -w sqo( of_; a - 566 r: ## 1 DR. RONALD SHANE and IN THE COURT OF COMMON PLEOFv HARRIET SHANE, his wife, CUMBERLAND COUNTY, PENNSYLV I PA `~ Plaintiffs `W -;'~ ~x~ ~ ~ C1:?rt; ~ ~~~ v. NO. 04-2138 CIVIL TERM 'lr :' ~ r ~~~ _ WAL-MART STORES , INC . , ~: ,_. -~ '' ~ ~ Defendant JURY TRIAL DEMANDED ~' ": ~ ,, ~ •• ~ ~% or '~ IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, June 9, 2010, before the Honorable Edward E. Guido, Judge. Present for the Defendant was Patrick J. McDonnell, Esquire. There was no appearance for the Plaintiffs. This is a slip-and-fall case that is estimated to take three to four days to try. We strongly disapprove of both counsels' practice of corresponding with the Court regarding matters which should be of record. We refer specifically to Plaintiffs' letter request for a continuance of the pretrial conference and Defendant's response. Counsel are admonished that all future correspondence with the Court shall be in the form of appropriate motions. We would entertain conference calls with both counsel to discuss relevant matters. Plaintiffs' counsel has not informed this Court as to his availability for trial during the week of June 21, 2010. We will keep this matter on the trial list. Any request for a continuance based upon unavailability of counsel or witness must be filed no later than Monday, June 14, 2010. The parties are world's apart in their settlement negotiations. Therefore, trial appears to be likely. Page 2 Pretrial Conference 04-2138 Civil Term By the Court_,::=-- _-~- ~. ..-9- , Edward E. Guido, J. Michael J. Fiorillo, Esquire Fiorillo Law Office 217 Mahantongo Street Pottsville, PA 17901 Attorney for Plaintiffs Patrick J. McDonnell, Esquire The Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, PA 19406 rothonotary Court Administrator srs JUN 14 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL, ACTION LAW Dr. Ronald Shane and Harriet Shane, Plaintiffs vs. Wal-mart Stores Inc.; N0.04-213 8 Jury Trial Demanded The Honorable Edward Guido Defendant ORDER AND NOW this ~~ Day of , 2010, upon consideration of Plaintiffs' Motion/Request for Continuanc of Trial, it is hereby ORDERED that Plaintiffs' Motion is GRANTED and the scheduled to begin on June 21, 2010 is hereby CONTINUED ~p ~~~_ ~j ~~~~~ ~ Counsel re uired to be notified ofGth+e'e~ntry of this Or er of Court are: Counsel for q Plaintiffs: Michael J. Fiorillo, Esquire 217 Mahantongo Street, Pottsville, PA 17901 and Counsel for Defendant: Myisha Lacey Tilson, Esquire, 601 S. Henderson Road, Suite 152, King of Prusia, PA 19406. J. I l ~E.S' /9't.~ ~ !~-~~, n? - ~.~.Y -~; (sue Zl~ s/w ~~ n ~ ~~ c- ~ „ _~:~ r- c_. -~-~ -,- cT ~ : ~~~ .T + '_ ~_. -r, fT" ~ ~ . - -_ _ ~,~. ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW Dr. Ronald Shane and Harriet Shane, Plaintiffs vs. Wal-mart Stores Inc., Defendant N0.04-2138 Jury Trial Demanded The Honorable Edward Guido ORDER AND NOW this ~..iay of ~/!LA/~ , 2010, upon consideration of Plaintiffs' REVISED Motion/Request for Continuance of Trial, it is hereby ORDERED that Plaintiffs' Motio~n-is-GRANTED and the trial schedule,,d~to begin on June 21, 2010, is hereby CONTINUED. ~ /~~.5 ~~ ~ S ~31V/i/1ls~t ~ ~ ~~'~~,~j~ oZQ~ Counsel required to be notified of the entry of this Order of Court are: Counsel for ~D~a Plaintiffs: Michael J. Fiorillo, Esquire 217 Mahantongo Street, Pottsville, PA 17901 and Counsel for Defendant: Myisha Lacey Tilson, Esquire, 601 S. Henderson Road, Suite .152, King -o-f-Prusia, PA 19406. ~,'~~c~`r..a! t P/Act. 75~ ~ c~s~ T J. ~~~ ~ ~~~ s~,v c~ ~ -; r:. __, - ~__ .~ T C . (j 3 -~ , JUN 14 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW Dr. Ronald Shane and Harriet Shane, Plaintiffs vs. Wal-mart Stores Inc., N0. 04-2138 Jury Trial Demanded : The Honorable Edward Guido Defendant ORDER AND NOW this rf~ Day of , 2010, upon consideration of Plaintiffs' Motion/Request for Continuant of Trial, it is hereby ORDERED that Plaintiffs' Motion is GRANTED and the scheduled to begin on June 21, 2010 is hereby ~ CONTINUED •~4 ~ ~j "~~~ • ~ ~ ~,.;~' i~~ C~ ~''" '/'1'` S ~ Counsel re uired to- be notified of the entry of this Or er of Court are: Counsel for q PA 17901 and Plaintiffs: Michael J. Fiorillo, Esquire 217 Mahantongo Street, Pottsville, Counsel for Defendant: Myisha Lacey Tilson, Esquire, 601 S. Henderson Road, Suite 152, King of Prusia, PA 19406. J. DAVID D. BUELL Prothonotary Cumberland County Suite 100 One Courthouse Square Carlisle PA 17013 ~+ Fl1I-ED-t~.~ i tC~ ~~Y l~l ~1~ ~~ 4.~~-.K ~~w, 1t 2G19 4'y~- ~'2 i, t' J t ~,~-4-~; '~• :s~r~ ~ ®ArNnnCV sow 0 2 1A ~ V~~~ 0004631598 JUN16 • MAiIEDFROMZIPGODE 1 MYISHA LACEY-TILSON ESQ Gyg4~~.,, ~i ~ ~~" MCONNELL & ~4SSOCIATES, #~C ~ ~ ~- 601 S HENDERSON ROAD, S1J1; ~o,~c~pl~ KING OF PR"~~'" ~' "' "~ N~XYE 193 DE i 00 06J30l~ RETVIaN TC7 SENDER NOT DEI_YVERABLE AS Ai~DRESSED UNABLE TO FORWARD _ _ AC: 17013:33.'232-5 ~05i9-1291 3-1 8--~ ~.?o13Q-3323 _ I~~,Ill,,,lll,,,,,,)1„11~,X11-~~1i~~,l~la,l)~„1~1~1~1,11~~,1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~a~~,tp ct ~um6px~~~~ ~. ~~~.44 ~ ~~.st. ctc~ crT~E ~~s~)~r Fi~E`~+-a~-F f~: Jody S Smith Chief Deputy Richard W Stewart Solicitor 20{0 JJL i 9 ~F~~ `~~~ ~'~ Cl?P,~r ,I`a~vT~' Dr. Ronald Shane (et al.) vs. Dr. Dean Nardis Case Number 2004-2138 SHERIFF'S RETURN OF SERVICE 06/11/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dr. Dean Nardis, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Mifflin County, PA to serve the within Subpoena according to law. 06/12/2010 09:31 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2010 at 0925 hours, he served a true copy of the within Subpoena, upon the within named defendant, to wit: Dr. Dean Nardis, by making known unto Spring Bear, Manager for Wal Mart Vision Center at 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. RO ERT BITNER, DEPUTY 06/25/2010 Mifflin County Return: And now, June 25, 2010 I, Chris Shade, Sheriff of Mifflin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Dr. Dean Nardis the defendant named in the within Subpoena and that I am unable to find him in the County of Mifflin and therefore return same NOT FOUND. SHERIFF COST: $52.84 July 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. ^)} ~ 4 Christopher S. Shade , Sheriff Laurie .l. Kozak , Chief Deputy Charles L."Bump" Angney , Deputy James R. "Joe" Bell , Deputy Terri D. Rupert , Deputy Ronald E. Fisher , Deputy SHERIFF'S OFFICE MIFFLIN COUNTY 20 North Wayne Street Lewistown, PA 17044 (717) 242-1105 "' (717) 242-1808 Fax: (717) 248-2907 David W. Molek , Solicitor (717) 248-9656 Plaintiff: Dr. Ronald Shane and Harriet Shane, his wife Court Number: 04-2138 County: Cumberland County Defendant: Wal-Mart Stores, Inc. Type of Writ or Complaint: ^ Writ Subpoena ~ Complaint Name: Dr. Dean Nardis Address: 344 Hickory Lane Serve Belleville, PA 17044 At Name: Address: Indicate Unusual Service: ^ Comm. of Pa. ^ Deputization ^ Other Now 20 , I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X snerlrtofMiHAin co. Special Instructions or other information that will assist in expediting service: Attorney or other Organization requesting service: Telephone No: Date Filed: Cumberland County Sheriffs Office (717) 240390 6/4!2010 I acknowledge receipt of the Writ or Complaint as indicated above: Date Received: Exp. Date: X 611512010 6/182010 I hereby CERTIFY and RETURN that I ^ have personally served. ^ have legal evidence of service as shown in "Remarks", ^ have executed as shown in "Remarks", the Writ or Complaint described on the individual, company, corporation, etc. at the address shown above or on the individual, company, corporation, etc., at the address inserted below, handing a TRUE and ATTESTED copy thereof. ^~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: ^ A person of suitable age and discretion No Service then residing at the defendant's usual place of abode. address where served (complete only if different than shown above) Date of Service: ( Time: -Attempts Date Miles Dep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. 2 6/17/2010 36 REF 61242010 36 CLA Advance Costs Service Costs Mileage Postage Surcharge Notary Total Refund $75.00 $14.00 $35.80 $1.00 $0.00 $5.00 $55.80 $19.20 Remarks: (See other side) Sworn to and subscribed-before me this ~~, n/,,. ,, dl ,ti , ..~ar~~,. X Notary PUbIIC NOTARIAL SEAL PATRICIAA. WILSON, Notary Pubik Lewistown Boro, Mlfrlin County My Commiaaton Expkea March 31, 2011 Notarial Seal So Answers: Deputy Sheriff Ronald E. Fisher 6/24/2010 X 7' ~~( ~ ~-~ 6• ak ~ ( o Sh r' hristop .Shade 6/24/2010 x , DR. RONALD SHANE AND IN THE COURT OF COMMON PLEAS OF HARRIET SHANE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW WAL-MART STORES, INC., Defendant 04-2138 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 31st day of August, 2010, upon consideration of the call of the Civil Trial List and neither counsel having called the above-captioned case for trial, it is stricken from the trial list. Michael J. Fiorillo, Esquire 217 Mahantongo Street Pottsville, PA 17901 For the Plaintiffs 11 trick J. McDonnell, Esquire 123 South Broad Street STE 2140 Philadelphia, PA 19109 For the Defendant pcb ` Cgg /ri?1LL 9/ 4 "D C ?:? = )Cn N By the Court, OF CU David 1D. Buell . 4/(k!::4 Renee X Simpson Prothonotary ,•1y \' 15` Deputy(Prothonotary 0 ?R!wa.,Y Z ° '' Irene E. Morrow �irkS. Sohonage, ESQ •`a w� Solicitor ,750 211'Deputy(Prothonotary Office of the Prothonotary Cumberland County, 'Pennsylvania 647 —.2_13g CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL I . PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, P,4 17013 • (717)240-6195 • Fa.,(717)240-6573