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HomeMy WebLinkAbout09-5892ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com CAROLYN TAPPER, Plaintiff V. BETTY HUSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Dq -50U On q t I Ttem CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, 17013 (717)- 249-3166 417195 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, 17013 TELEFONO: 717-249-3166 417195 ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com CAROLYN TAPPER, Plaintiff V. BETTY HUSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04- SF-9. 7-e CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Carolyn Tapper is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in Lemoyne, Cumberland County, Pennsylvania. 2. Defendant Betty Husler is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 620 Greason Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. At the time of the events hereinafter related, Defendant Betty Husler owned the apartment building located at 529 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The facts and occurrences hereinafter related took place on or about April 30, 2008, at approximately 12:30 p.m. at 529 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. 5. Plaintiff Carolyn Tapper was a guest of the Defendant's tenant. Plaintiff Carolyn. Tapper was helping to clean the second-floor apartment because the tenant, Plaintiff's cousin, was dying of cancer and had to move to a nursing home. 6. Plaintiff Carolyn Tapper went out onto the second-floor balcony to rest. 7. Plaintiff Carolyn Tapper leaned slightly against the railing of the balcony. 8. When Plaintiff Carolyn Tapper leaned against the railing, it gave way causing her and the railing to fall from the second-floor balcony to the ground below. 9. The wooden railing failed because the wood was rotten and the railing was not securely fastened to the balcony. 10. The aforementioned condition of the balcony and railing represented a condition which existed for a significant period of time before Plaintiff Carolyn Tapper's fall. 11. Defendant Betty Husler knew of, or reasonably should have known of, the defective and unsafe condition of the railing of the second-floor balcony. 12. Defendant Betty Husler was under a duty to properly maintain the balcony or to warn Plaintiff Carolyn Tapper of the defective condition of the railing. 13. The aforementioned fall and all injuries and damages as set forth hereinafter sustained by Plaintiff Carolyn Tapper are the direct and proximate result of the negligent, wanton, or reckless conduct of Defendant Betty Husler as follows: a) failure to properly maintain the railing on the balcony to prevent wood rot; b) failure to properly inspect the railing on the balcony to ensure that it was securely fastened to the balcony, that it was not rotten, and that it would not fail under normal use; c) failure to properly secure the railing to the balcony; d) failure to properly replace the railing after many years of exposure to the elements; e) failure to provide a verbal warning about the dangerous condition present on the balcony; and f) failure to post warning signs about the dangerous condition on the balcony. 14. As a direct and proximate result of the aforementioned conduct of Defendant Betty Husler, Plaintiff Carolyn Tapper sustained painful and severe injuries, which include but are not limited to: a) a fracture of her right shoulder blade; b) a displaced fracture of her right humerus requiring surgery and installation of a plate and screws; c) the shortening of her right arm; d) fractures to her left fourth and fifth ribs; e) a right-sided pulmonary contusion; f) left and right hematomas in her head; g) left knee contusion requiring excision of scar tissue; h) ulnar neuropathy of her right arm; 412500 3 i) right shoulder contusion; j) left shoulder and AC joint contusion; and, k) cervical sprain and strain. 15. By reason of the aforesaid injuries sustained by Plaintiff Carolyn Tapper, she was forced to incur liability for medical treatment, medications, physical therapy, surgeries, assistance with activities of daily living, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 16. Because of the nature of her injuries, Plaintiff Carolyn Tapper has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 17. As a result of the aforementioned injuries, Plaintiff Carolyn Tapper has sustained a permanent diminution of her earning capacity, and a claim is made therefor. 18. As a result of the aforementioned injuries, Plaintiff Carolyn Tapper has undergone and in the future may undergo physical and mental suffering, inconvenience and difficulty in carrying out her daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 19. As a result of the aforementioned injuries, Plaintiff Carolyn Tapper has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 20. Plaintiff Carolyn Tapper continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 412500 4 WHEREFORE, Plaintiff Carolyn Tapper demands judgment against Defendant Betty Husler in an amount in excess of $50,000, exclusive of interest and costs. Date: - o Respectfully submitted, ANGINO & ROVNER, P.C. aryl E. Christopher, Esquire I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 412500 VERIFICATION I, Carolyn Tapper, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. WITNESS: Carolyn pper ?- Dated: 417199 FLED !GE _ ry?J -*'18.5b P? ck* TA a3 04 "Ug893 Sheriffs Office of Cumberland County R Thomas Kline F1(.FL,-+) Fj( Sheriff OF t F ?)TL ?`O7'?3Y Ronny R Anderson Chief Deputy 1004 SEP 1 ? AM 8, Y 4 3 Jody S Smith Civil Process Sergeant T-E EF?r} ? 1s _ LGUNTY Edward L Schorpp Solicitor Carolyn Tapper Case Nu Iber vs. 2009-5802 Betty Husler i SHERIFF'S RETURN OF SERVICE 09/04/2009 04:06 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 4, 2009 at 1606 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Betty Husler, by making known unto Connie Husler, daughter in law at 62C Greason Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 SO ANSMRS September 08, 2009 R THOMAS KLINE, SHERIFF J I Depu Slieriti: i. ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendant: Fax: [717] 975-8124 BETTY HUSLER E-Mail: rkroll@margolisedelstein.com CAROLYN TAPPER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 09-5892 BETTY HUSLER, Defendant. : JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Betty Husler, in the above- captioned matter. Respectfully submitted, TEIN Date B GOLF E. ,ESQUIRE PA Attor I.D. #47243 Attorneys for Defendant, BETTY HUSLER 3 510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 a CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 17th day of September, 2009, and addressed as follows: Daryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 MARGOLIS EDELSTEIN By: Vicki A. Bolinger, RP FILED-Or" , rUF OF THE PQ'T ?''?Y ?.. E, 2009 SEP 18 APB 11: 2 3 CERTIFICATE '.!:V PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TAPPER -VS- HUSLER ?J S,.IVY: COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-5892 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURALEE B. BAKER, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2009 MCS on behalf of /S/ ,nnauraCee 9 O.Saher, LAURALEE B. BAKER, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0983802 02947-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TAPPER -VS- HUSLER COURT OF COMMON PLEAS TERM, CASE NO: 09-5892 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CAR?,TgJ:E REGIONAL MEDICAL CTR CAF T REGIONAL MEDICAL CTR. CAA-'- ;- ;.:E REGIONAL MEDICAL CNTR HER,IFY MEDICAL CENTER HER`'Y MEDICAL CENTER Hh MEDICAL CENTER Pl':''r ,.'T. HEALTH P.T. OF BILLING ONLY X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL RECORDS & BILLING TO: I:ARYL E. CHRISTOPHER, ESQ., PLAINTIFF COUNSEL MC' !-,ehalf of LAURALEE B. BAKER, ESQ. intends to serve a subpoena to the one that is attached to this notice. You have twenty (20) dayfrom the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is Wii %r if no objection is made, then the subpoena may be served. Complete coj. of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/28/2009 MCS on behalf of LAURALEE B. BAKER, ESQ Attorney for DEFENDANT CC: LAURALEE B. BAKER, ESQ. DARYL E. CHRISTOPHER, ESQ. ANGINO & ROVNER 4503 N. FRONT STREET HARRISBURG, PA 17110 39500.4-00023 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.86S 144-H DE02-0566905 02947-COl COMMONWEALTH., OF PENNSYLVANIA COUNTY OF CUMBERLAND TAPPER VS. TO: HUSLER File No. 09-5892 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for CARLISLE REGIONAL MEDICAL. CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURALEE B. BAKER. ESQ. ADDRESS: 3510 TMMLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: isi ';rt' 2 L--'o Prothonotary/Clerk, Civil Don OCT 2 0. D? (2 t Date: 9 Seal of the Court 02947-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR 361 ALEXANDER SPRING ROAD BILLING DEPARTMENT CARLISLE, PA 17015 RE: 2947 CAROLYN TAPPER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : CAROLYN TAPPER 712 AYERS AVENUE, LEMOYNE, PA 17042 Date of Birth: 03-30-1943 R1.86S 144-H SU10-0806270 02947-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TAPPER TERM, CUMBERLAND -vs- CASE NO: 09-5892 HUSLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURALEE B. BAKER certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2009 MCS on behalf of /S/ oCauraCee 9 12aher, ejq. LAURALEE B. BAKER, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0983805 02947-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAPPER vs. 14USLER File No. 09-5892 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL. MEDICAL CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groff Inc., 1601 Market Street, Suite 800, P iladelplL, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURALEE B. BAKER. ES ADDRESS: -35 LO TRINDLE ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: OCT. 2 0 2W' Date: z S( ?-Oz) g Seal of the Court s Prothonotary/Clerk, Civil Division Deputy 02947-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR. 361 ALEXANDER SPRING RD RADIOLOGY DEPT CARLISLE, PA 17013 RE: 2947 CAROLYN TAPPER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : CAROLYN TAPPER 712 AYERS AVENUE, LEMOYNE, PA 17042 Date of Birth: 03-30-1943 R1.86S 144-H SU10-0806272 02947-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TAPPER TERM, CUMBERLAND -VS- CASE NO: 09-5892 HUSLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURALEE B. BAKER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2009 R1.86S 144-H MCS on behalf of /S/ nn oCauraCee 12 O?aher, ell LAURALEE B. BAKER, ESQ. Attorney for DEFENDANT DE11-0983808 02947-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAPPER vs. TO: HUSLER File No. 09-5892 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for CARLISLE REGIONAL MEDICAL CNTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc-- 1601 Market Street.Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURALEE B. BAKER. ESQ. ADDRESS: 3510 TRINDL.E ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil ivision ?T 2 Date: 9MOV2 Day Seal of the Court 02947-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR CARLISLE REGIONAL MEDICAL CNTR MEDICAL RECORDS 361 ALEXANDER SPRING CARLISLE, PA 17015 RE: 2947 CAROLYN TAPPER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : CAROLYN TAPPER 712 AYERS AVENUE, LEMOYNE, PA 17042 Date of Birth: 03-30-1943 R1.86S 144-H SU10-0806274 02947-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE '-T, 'TER OF: COURT OF COMMON PLEAS T" t.,R -VS- H_ . pR. TERM, CUMBERLAND CASE NO: 09-5892 I prerequisite to service of a subpoena for documents and things pursuant e 4009.22 MCS on behalf of LAURALEE B. BAKER ES certifies that i' A notice of intent to serve the subpoena with a co bpoena attached thereto was mailed or delivered to each party fathleast twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2009 R1.86 i , II MCS onbehalf of ,//'')) / /S/ '&ItpaCee R (/.?ahep ?? . LAURALEE B. BAKER, ESQ. Attorney for DEFENDANT DE11-0983811 02 94 7 -L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAPPER File No. 09-5892 VS. HUSLER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL. CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURALEE B. BAKER. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: LS Prothonotary/Clerk, Civil Division OCT 2 0 2009 D uy e . (> )-h 111 Date: q, boo ?f Seal of the Court 02947-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 2947 CAROLYN TAPPER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : CAROLYN TAPPER 712 AYERS AVENUE, LEMOYNE, PA 17042 Date of Birth: 03-30-1943 R1.86S 144-H SU10-0806276 02947-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TAPPER -VS- HUSLER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-5892 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURALEE B. BAKER, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2009 MCS on behalf of /S/ nn ?CauraCee 9. gaher, ?d. LAURALEE B. BAKER, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0983814 02947-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAPPER VS. HUSLER File No. 09-5892 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for HERSHEY MEDICAL. CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groan. Inc , 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURALEE B. BAKER. ESQ. ADDRESS: 3510 TR_INDLE ROAD CAMP HILL. PA 17011 TELEPHONE:, (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: 151 o'J2 Prothonotary/Clerk, Civ2L il Division 10 1?k? ZT 2 0 2009 D t Date: I-. A -el- ^ y 12 ao g Seal of the Court 02947-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HERSHEY MEDICAL CENTER BILLING DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 2947 CAROLYN TAPPER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : CAROLYN TAPPER 712 AYERS AVENUE, LEMOYNE, PA 17042 Date of Birth: 03-30-1943 R1.86S 144-H SU10-0806278 02947-LOS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TAPPER TERM, CUMBERLAND -VS- CASE NO: 09-5892 HUSLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURALEE B. BAKER, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2009 MCS on behalf of /S/ ,-nnauraCee O.S. O?aher, e4ck LAURALEE B. BAKER, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0983817 02947-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAPPER VS. HUSLER File No. 09-5892 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for N Y MEDICAL . CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc„ 1601 Market Street, Suite 800, P ilade ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURALEE B. BAKER. ES ADDRESS: 3510 TRINDLE ROAD TELEPHONE:. (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: s rothonotary/Clerk, Civil ivision Date: Dep t Seal of the Court 02947-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HFR.SHEY MEDICAL CENTER P.?010LOGY DEPT. 500 UNIVERSITY DRIVE 11-116HEY, PA 17033 RE: 2947 -A ROLYN TAPPER t°_9or approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ny and all x-ray films and reports, including any and all such items as may r,-e stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : CAROLYN TAPPER 712 AYERS AVENUE, LEMOYNE, PA 17042 Date of Birth: 03-30-1943 R1.86S 144-H SU10-0806280 02947-LO6 CERTIFICATE IN THE MATTER OF: TAPPER HUSLER PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-5892 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURALEE B. BAKER, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2009 MCS on behalf of /S/ nn oCauralee R. Raher LAURALEE B. BAKER, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0983820 02947-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAPPER VS. HUSLER File No. 09-5892 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HEALTH P T OF (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: * * * * F ATTACHED RIDER * * * * at The MCS Groff, Inc., 1601 Market Street Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURALEE B. BAKER. ES ADDRESS: 35.10 TRINDLE ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: prothonotary/Clerk, Ci 1 Division .? 2AW 9 Dep ty Date: .? p Seal of the Court 02947-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH P.T. OF CAMP HILL 3 WALNUT STREET !_ EMOYNE . PA 17043 RE: 2947 CA,R0LYN TAPPER Prior approval is required for fees in excess of $150.00 for b.ospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a __,,puter database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : CAROLYN TAPPER 712 AYERS AVENUE, LEMOYNE, PA 17042 Date of Birth: 03-30-1943 R1.86S 144-H SU10-0806282 02947-LO7 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: 17171975-8114 Direct Dial: (717) 760-7502 Fax: [7171975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendant: BETTY HUSLER CAROLYN TAPPER, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-5892 BETTY HUSLER, Defendant. : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: MS. CAROLYN TAPPER c/o Daryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Respectfully submitted, Date: TEIN KROLL, ESQUIRE PA Attorney I.D. #47243 Attorneys for Defendant, BETTY HUSLER 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [7171975-8114 Direct Dial: (717) 760-7502 Fax: [7171975-8124 E-Mail: rkroll@margolisedelstein.com CAROLYN TAPPER, Plaintiff V. BETTY HUSLER, Defendant. Attorneys for Defendant: BETTY HUSLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 09-5892 : JUDY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, BETTY HUSLER, TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Betty Husler ("Ms. Husler"), by and through its counsel, Margolis Edelstein, to answer the Complaint of Plaintiff, Carolyn Tapper ("Plaintiff"), and in support thereof, avers the following: 1. Denied. After reasonable investigation, Ms. Husler is without knowledge or information sufficient to form a belief as to the truths of the averments of this paragraph of Plaintiff's Complaint, and they are therefore denied. 2-4. Admitted. 5-8. Denied. After reasonable investigation, Ms. Husler is without knowledge or information sufficient to form a belief as to the truths of the averments of this paragraph of Plaintiff's Complaint, and same are therefore denied. 9-12. Denied. The allegations of these paragraphs of Plaintiff's Complaint are denied pursuant to Pa.R.C.P. No. 1029(e). 13(a)-(f). Denied. The allegations of this paragraph of Plaintiff's Complaint and its corresponding sub-paragraphs constitute conclusions of law to which no responsive pleading are required, and same are therefore denied, and strict proof to the contrary is demanded at trial. As such, it is specifically denied that Ms. Husler was negligent by virtue of the following: a) failure to properly maintain the railing on the balcony to prevent wood rot. On the contrary, Ms. Husler exercised reasonable care under the circumstances. b) failure to properly inspect the railing on the balcony to ensure that it was securely fastened to the balcony, that it was not rotten, and that it would not fail under normal use. On the contrary, Ms. Husler exercised reasonable care under the circumstances. C) failure to properly secure the railing to the balcony. On the contrary, Ms. Husler exercised reasonable care under the circumstances. d) failure to properly replace the railing after many years of exposure to the elements. On the contrary, Ms. Husler exercised reasonable care under the circumstances. e) failure to provide a verbal warning about the dangerous condition present on the balcony. On the contrary, Ms. Husler exercised reasonable care under the circumstances. f) failure to post warning signs about the dangerous condition on the balcony. On the contrary, Ms. Husler exercised reasonable care - 2 - under the circumstances. 14(a-k). Denied. The allegations in this paragraph of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required, and same is therefore denied. By way of further answer, after reasonable investigation, Plaintiffs demand is without information sufficient to form a belief as to the truths of the averments of this paragraph and it's corresponding sub-paragraphs and, accordingly, no responsive pleading thereto is required. As such, it is specifically denied that Plaintiff suffered: a) a fracture of her right shoulder blade; b) a displaced fracture of her right humerus requiring surgery and installation of a plate and screws; C) the shortening of her right arm; d) fractures to her left fourth and fifth ribs; e) a right-sided pulmonary contusion; f) left and right hematomas in her head; g) left knee contusion requiring excision of scar tissue; h) ulnar neuropathy of her right arm; i) right shoulder contusion; j) left shoulder and AC joint contusion; and k) cervical sprain and strain. 15-20. Denied. The allegations of these paragraphs of Plaintiffs Complaint constitute a conclusion of law to which no responsive pleading is required, and same -3- is therefore denied. After reasonable investigation, Ms. Husler is without knowledge or information sufficient to form a belief as to the truths of the averments of this paragraph of Plaintiffs Complaint, and same are therefore denied. WHEREFORE, Defendant, Betty Husler, demands judgment in her favor and against Plaintiff with costs of suit assessed to Plaintiff. NEW MATTER 21. The foregoing paragraphs are incorporated herein by reference as if set forth at length. 22. Plaintiff has failed to state a claim upon which relief can be granted. 23. Plaintiff's claims are barred by the Doctrines of Contributory and Comparative Negligence. 24. Ms. Husler did not have any actual or constructive notice of any alleged defective condition on the subject premises. 25. If Plaintiff suffered any injuries or damages as alleged, said injuries or damages were caused solely and/or primarily by the carelessness, recklessness and negligence of third parties over whom Ms. Husler had no control, or right of control as discovery may reveal. 26. Plaintiff's accident was caused by Plaintiff's failure to observe conditions that were existing around her and failure to take precautions for her own safety. 27. Discovery may reveal that Plaintiff's accident was caused by her failure to observe an open and obvious condition and if so, her claim may be barred and/or -4- diminished by operation of contributory comparative negligence and/or assumption of risk. 28. Ms. Husler reserves her right upon completion of investigation and discovery to raise additional defenses, counterclaims and new matters may be appropriate. WHEREFORE, Defendant, Betty Husler, demands judgment in her favor and against Plaintiff with costs of suit assessed to Plaintiff. Respectfully submitted, Date: B 6 ? ROL RROLL, ESQUIRE PA torney I.D. #47243 Attorneys for Defendant, BETTY HUSLER 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 -5- VERIFICATION I, ROLF E. KROLL, ESQUIRE, individually and as counsel for Defendant, Betty Husler, have drafted and read the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, BETTY HUSLER, TO PLAINTIFF'S COMPLAINT. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be s 61 //// z Date: i ROLF, . Pminal penalties. ESQUIRE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, BETTY HUSLER, TO PLAINTIFF'S COMPLAINT, on all counsel of record by placing the same in the United States mail a Ca p Hill, Pennsylvania, first-class postage prepaid, on the <x9? day of x 2009, and addressed as follows: Daryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 S EDELS oAnn E. Nelson, RL t 2C, 09 N'01V 2- 4 i"A}:,; 2 1 ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com CAROLYN TAPPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. BETTY HUSLER, Defendant NO. 09-5892 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW comes Carolyn Tapper, Plaintiff, by and through her attorneys, Angino & Rovner, P.C., by Daryl E. Christopher, Esquire, and replies to the New Matter of Defendant as follows: 21. Denied. This Paragraph contains no averments of fact. To the extent that this Paragraph is deemed to contain averments of fact, they are specifically denied and strict proof thereof is demanded. 22. Denied. This Paragraph is denied as a conclusion of law. To the extent that this Paragraph is deemed to contain averments of fact, they are specifically denied. By way of further answer, Plaintiff incorporates her Complaint as if set forth in this Paragraph. 426153 1 23. Denied. At all times relevant hereto, Plaintiff conducted herself as a reasonable and prudent person under the circumstances. She was not negligent in any way, and strict proof to the contrary is demanded. 24. Denied. Plaintiff is without knowledge as to whether Ms. Husler had actual notice of the defective condition of the porch. Ms. Husler had constructive notice of the defective condition of the porch and railing due to their condition, and the maintenance schedule which was or should have been known to Ms. Husler. 25. Admitted in part, denied in part. It is admitted that individuals other than Ms. Husler may have been jointly reasonable with her for Plaintiffls injuries as discovery may show. It is specifically denied that Plaintiff's injuries were solely caused by individuals over whom Ms. Husler had no control or right of control so as to absolve her from liability, and strict proof thereof is demanded at trial. 26. Denied. The defective condition of the railing was not readily observant to the Plaintiff. At all times relevant to the present action, Plaintiff conducted herself as a reasonable and prudent person under the circumstances, and strict proof to the contrary is demanded at trial. 27. Denied. This Paragraph is denied as a mixed conclusion of fact and law. It is specifically denied that the defective condition of tl:e perch was a condition that was open and obvious to Plaintiff, a casual user of the porch. At all times relevant hereto, Plaintiff conducted herself as a reasonable and prudent person under the circumstances, and strict proof to the contrary is demanded. 28. Denied. According to Pa.R.C.P. 1030, all affirmative defenses, other than assumption of the risk, comparative negligence, and contributory negligence, must be pleaded. 426153 2 By way of further answer, this Paragraph contains no averments of fact. To the extent that this Paragraph is deemed to contain averments of fact, they are specifically denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendant's Answer with New Matter and enter judgment in her favor against the Defendant. Respectfully submitted, ANGINO & ROVNER, P.C. ~~.. Daryl .Christopher, Esquire I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Date: November 25, 2009 Counsel for Plaintiff 426153 3 VERIFICATION I, Daryl E. Christopher, Esquire, counsel for the Plaintiff, am authorized to make this verification on behalf of said Plaintiff, and the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. C ~ _._.._. Date: November ~, 2009 aryl hn er, Esquire 278165-1 ,. CERTIFICATE OF SERVICE AND NOW, this 251h day of November, 2009, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Rolf Kroll, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Kathy .Toney 426153 4 ~~~~ ~~~~ _ ~~1 f~ ~ ~~ r~ ~ ~Y J~~ ~~'~~> ~~ ~" ~ ~ v • ~:: i1 ._, ~;Y FILED-OFFICE OF THE PROTHONOTAR°' 201I JUL -6 AM 10* 1.19 CUPENNS LVAH A T ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com CAROLYN TAPPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. BETTY HUSLER, Defendant To the Prothonotary of Cumberland County: NO. 09-5892 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action settled, satisfied, and discontinued with prejudice. Respectfully submitted, ANGINO & ROVNER, P.C. Date: ?./s/%j 419689 Daryl E. Christopher, Esquire PA I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 dchristopher@angino-rovner.com Counsel for Plaintiff ORIGINAL 1 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Rolf Kroll, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendant Dated: I , 419689