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HomeMy WebLinkAbout09-7685W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Hennlng@HHRLaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - %85 0,;vi ) Term Civil Action (XX) Law ( ) Equity JURY TRIAL DEMANDED MS. BONNIE JO HAMILTON 245 Granite Station Rd. MR. DANIEL COY Gettysburg, PA 17325 c/o Vieux Carre Farms 305 Swift Run Rd. versus Gettysburg, PA 17325 MR. JOHN M. EGLOFF, individually and t/d/b/a Vieux Carre Farms 305 Swift Run Rd. Gettysburg, PA 17325 MS. JUDY A. EGLOFF, individually and t/d/b/a Vieux Carre Farms 305 Swift Run Rd. Gettysburg, PA 17325 Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff W. Scott Henning. Esquire Handler, Henning & Rosenberg. LLP 1300 Linglestown Road Harrisburg, PA 17110 Sig ature o or (717) 238-2000 Supreme Cou N . 32298 Name/AddresslTelephone No. of Attorney l4at ,. -,-r }Far 1-..;. - 70..1I7/" R 2009 OV -5 At 110: 4 4 SYLVA`!lii '18.50 p A P4-nq Cie,* 10(05'7l!`IQoj 0# aa3 ia3 . ' Oa- 0"t v`iT+ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIF S) H S/HAV OMMENCED AN ACTION AGAINST YOU. Who notary Date: 11/ 5 I0I by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 ,. 2~I0 Ji/~ i 2 ~c°` ~~ I ~: CvPv""=~ ~:.Jui~4 s~ r~.i rIV~~~`i i..~~i~`~~+~". W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Henning~HHRLaw.com BONNIE JO HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DANIEL COY, JOHN M. EGLOFF, NO. 2009-7685 individually and t/d/b/a VIEUX CARRE FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS Defendants :CIVIL ACTION -LAW PLAINTIFF'S AMENDED REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Bonnie Jo Hamilton, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., and responds to the Defendants' allegations of New Matter as follows: 45. Paragraph 45 is an incorporation paragraph to which no responsive pleading is required. 46. Denied. The allegation set forth in paragraph 46 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Complaint fails to state a legally sufficient claim against the Defendants, and proof to the contrary is demanded at the trial in this matter. 47. Denied. The allegation set forth in paragraph 47 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the damages claimed by the Plaintiff were not caused by any acts, omissions or breaches of duty on the part of the Defendants. It is further denied that the damages claimed by the Plaintiff were caused by the acts, omissions, breaches of duty, negligence, fault, or want of care of persons and/or entities other than the Defendants, and proof to the contrary is demanded at the trial in this matter. 48. Denied. The allegation set forth in paragraph 48 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff's claims are barred by contributory and/or comparative negligence on the part of the Plaintiff, and proof to the contrary is demanded at the trial in this matter. 49. Denied. It is denied that the injuries sustained by the Plaintiff in the subject motor vehicle incident were pre-existing or caused by a subsequent accident, and proof to the contrary is demanded at the trial in this matter. 50. Denied. The allegation set forth in paragraph 50 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs claims may be barred or reduced by the affirmative defenses of arbitration and award, accord 2 and satisfaction, release, waiver, estoppel, res judicata, collateral estoppel, issue preclusion, consent, claim preclusion and/or statute of limitations, and proof to the contrary is demanded at the trial in this matter. 51. Denied. It is denied that the injuries, damages and losses sustained by the Plaintiff were the result of the negligent and careless conduct of Plaintiff by virtue of the Plaintiff's failure to use due care under the circumstances and/or failure to avoid conditions which were open and obvious to persons exercising reasonable care for their own safety, and proof to the contrary is demanded at the trial in this matter. 52. Denied. The allegation set forth in paragraph 52 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff assumed the risk of injury, and proof to the contrary is demanded at the trial in this matter. By way of further answer, the Plaintiff asserts that the Assumption of the Risk Doctrine is not applicable to the subject cause of action. 53. Admitted. 54. Admitted. 55. Admitted. 56. Admitted. 57. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment set forth in paragraph 57, and hence, proof of the assertion set forth in paragraph 57 is demanded at the trial in this matter. 58. Admitted. 3 59. Admitted. 60. Admitted. 61. Admitted with clarification. It is acknowledged that the Plaintiff entered a pick-up truck and the pick-up truck transported the Plaintiff, inter alia, to the Farm Show Building, however, Plaintiff does not have direct knowledge as to whether the vehicle was a "GMC" pick-up truck. 62. After reasonable and investigation, the Plaintiff is without knowledge or information sufficient to form a believe as to the truth of the averment set forth in paragraph 62, and hence, proof of the averment set forth in paragraph 62 is demanded at the trial in this matter. 63. Admitted. 64. Admitted. 65. Admitted. 66. Admitted. 67. Denied. After entering the pick-up truck, the destination after leaving the Farm Show Building was to go eat dinner and celebrate the birthday for 16 year old Crystal, who was an occupant of the pick-up truck, but who was not an employee of Vieux Carre. 68. Admitted. 69. Denied as stated. It is acknowledged that the Plaintiff was an occupant of a pick-up truck that was being operated by Daniel Coy that left a Farm Show Building, then stopped at a restaurant so the occupants of the vehicle could eat dinner and celebrate the birthday of Crystal. After leaving the restaurant, the Plaintiff intended to 4 enter the pick-up truck being operated by Daniel Coy, with the intent that the vehicle would be driven from that point to Vieux Carre's premises in Gettysburg, the site where Plaintiff's vehicle was parked. 70. Denied. One of the occupants of the vehicle, Crystal, did not work for Vieux Carre Farms. 71. Admitted with clarification. When the passengers of the pick-up truck stopped at the Pizza Grill in Camp Hill, Pennsylvania, not only did the parties engage in eating dinner, they also celebrated Crystal's 16th birthday. 72. Admitted. 73. Denied. The allegation set forth in paragraph 73 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff denies that she was in the course and scope of her employment with John M. Egloff, individually and d/b/a Vieux Carre Farms, and Judy A. Egloff, individually and d/b/a Vieux Carre Farms, since the Plaintiff had previously received a Denial Notice from the Workers' Compensation insurance company insuring Vieux Carre Farms, which Denial Notice denied a Workers' Compensation claim by asserting that the Plaintiff was not in the course and scope of employment at the time of the subject incident. 74. Denied. The allegation set forth in paragraph 74 is a conclusion of law to which no responsive pleading is required. By way of further answer, Plaintiff is without knowledge or information to specifically confirm whether Daniel Coy was in the course of employment at the time he was operating the pick-up truck that struck the Plaintiff. 5 75. Denied. The allegation set forth in paragraph 75 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is acknowledged that an employer has immunity from suit for an employee's work related injuries, when an employee is deemed to be in the course and scope of employment at he time of the incident causing the work related injuries. 76. Denied. For the reasons set forth in response to paragraph 73, the allegations set forth in paragraph 76 is denied. 77. Denied. The allegation set forth in paragraph 77 is denied based upon the reasons set forth in response to paragraph 73 and 74. 78. Denied. The allegation set forth in paragraph 78 is denied based upon the assertion set forth in response to paragraph 73 and 74. 79. Denied. The Plaintiff has not sought punitive damages in this matter. 80. Denied. The Plaintiff has not sought punitive damages in this matter. WHEREFORE, Plaintiff requests the Honorable Court to enter judgment in her favor and against the Answering Defendants, Daniel Coy, John M. Egloff, Individually and t/d/b/a Vieux Carre Farms, and Judy A. Egloff, Individually and t/d/b/a Vieux Carre Farms, for the relief set forth in her Complaint. DATED: d '~ Respectfully submitted, HANDLER, HENNING 8~ ROSENBERG, LLP By: 6 W'. Scott~fenni~, E quire Supreme Court I.D # 32298 1300 Linglestovv Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. W. ~C(Jyf H~N~II~, ESQUIRE M BONNIE JO HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DANIEL COY, JOHN M. EGLOFF, NO. 2009-7685 individually and t/d/b/a VIEUX CARRE FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS Defendants :CIVIL ACTION -LAW CERTIFICATE OF SERVICE On the 7th day of July, 2010, I hereby certify that a true and correct copy of Plaintiff s Amended Reply To New Matter was served upon the following by depositing in U.S. Mail; Todd Narvol, Esq. Thomas, Thomas & Hafer, LLP 305 N Front St P O Box 999 Harrisburg, PA 17108-0999 Very truly yours, HANDLER, HENNING Sz ROSENBERG, LLP By: WSH/tgd 7 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 rH l° PPoTIFF CE . o 0 3. 2010 DEC 15 M lo,' 5 a LVAq-l Todd B. Narvo4 Esquire Attorney ID #42136 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendants BONNIE JO HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE NO. 2009-7685 FARMS, and JUDY A. EGLOFF, : individually and t/d/b/a VIEUX CARRE FARMS, Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party on or about November 11, 2010; 2. A true and correct copy of the Notice of Intent, including copies of the proposed Subpoenas, are attached to this Certificate; 3. The twenty-day objection period has expired without any objections being made; 4. The Subpoenas that will be served are identical to the Subpoenas that are attached to this Certificate. Respectfully submitted, Thomas, Thomas & Hafer, LLP 4Cl as n C. Giurintano, Esquire t rneys for Plaintiff Date: December 13, 2010 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET AttornNarvol ey Todd B. Attorney I, Esquire P.O. BOX 999 D #42136 HARRISBURG, PA 17108 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendants BONNIE JO HAMILTON, : IN THE COURT OF COMMON PLEAS Plaintiff,: CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, : CIVIL ACTION -LAW : NO. 2009-7685 Defendants.: NOTICE OF INTENT TO PRODUCE DOCUMENTS AND THINGS PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THO AS, THOMAS & HAFER, LLP Date: By: 4!ui son C. G iurintre ttorney for Defendants r BONNIE JO HAMILTON, : IN THE COURT OF COMMON PLEAS Plaintiff,: CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, Defendants.: CIVIL ACTION - LAW NO. 2009-7685 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: PA Department of Labor and Industry, Bureau of Worker's Compensation, 1171 S. Cameron Street, Room 103, Harrisburg, PA 17104 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all worker's compensation documents regarding Claim No. YLAC58390 Bureau Claim No. 3414720, for Bonnie Hamilton DOB: 2/1/1949 SSN: 215-52-7744 without limitation includin but not limited to: correspondence determinations findings medical records IME reports statements payment history information transcripts, etc. at. Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Beth E. Forbes, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: W. Scott Henning, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Date ( ID orbes, Paralegal CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL, of the law firm of THOMAS, THOMAS & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 I a Date J14 Be orbes, Paralegal 820300.2 F G f -?= r lUk THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 I 'PR 13 P 10: 48 CUMBERLAND COUNTY PENNSYLVANIA Todd B. Narvol, Esquire Attorney ID #42136 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 .Attorneys for Defendants BONNIE JO HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE NO. 2009-7685 FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each parry on or about March 24, 2011; 2. A true and correct copy of the Notice of Intent, including copies of the proposed Subpoenas, are attached to this Certificate; 3. The twenty-day objection period has expired without any objections being made; 4. The Subpoenas that will be served are identical to the Subpoenas that are attached to this Certificate. Respectfully submitted, Thomas, Thomas & Hafer, LLP (.6, 1 ?a JJao C. Giurintano, Esquire neys for Plaintiff Date: 'a 1t THOMAS, THOMAS & HAFER, LLP Todd B. Narvol, Esquire 305 NORTH FRONT STREET Attorney ID #42136 P.O. BOX 999 717-237-7133 HARRISBURG. PA 17108 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendants BONNIE JO HAMILTON, : IN THE COURT OF COMMON PLEAS Plaintiff,: CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE NO. 2009-7685 FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, : Defendants.: NOTICE OF INTENT TO PRODUCE DOCUMENTS AND THINGS PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP r? C' ( , Date: By: r (?9'? son C. Giurintano, Esquire "? ttorney_for Defendants BONNIE JO HAMILTON, V. : INT THE COURT OF COMMON PLEAS Plaintiff,: CUMBERLAND COUNTY, PENNSYLVANIA DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, Defendants.: CIVIL ACTION - LAW NO. 2009-7685 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 To: Bureau of Worker's Compensation, Attn: Judge Brian Eader, East Gate Center, 1010 North 71h Street, Harrisburg, PA 17102 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: complete copies of Judge Eader's filing regarding Claim No. YLAC58390, Bureau Claim No. 3414720, for Bonnie Hamilton, DOB: 2/1/1949, SSN: 215- 52-7744, without limitation including but not limited to: correspondence determinations, findings medical records IME reports statements payment history information hearing transcripts, etc. at: Thomas Thomas & Hafer. LLP 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108. 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: ADDRESS: TELEPHONE: SUPREME COURT ID# ATTORNEY FOR: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Jason C. Giurintano, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 255-7626 89177 Defendant BY THE COURT: Deputy CERTIFICATE OF SERVICE 1, Beth E. Foland, Pa.C.P., in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Date A'N 0 Bet*Eo n d, Pa.C.P. CERTIFICATE OF SERVICE I, BETH E. FOLAND, PARALEGAL, of the law firm of THOMAS, THOMAS & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 all Date 9 1--, Beth E. Fol , P C.P. 932041.1 THOMAS, THOMAS & HAFEP, LLP 305 NORTH FRONT STREET V.O. BOX 999 HARRISBURG, PA 17108 ILE P HNO TAR E 1t1! ! JUL ! l AM 10: 22 C U'klBERLAND PENNS YLyq Ntq T Y Todd B. Narvol, Esquire Attorney ID #42136 717-237-7133 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendants BONNIE JO HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE NO. 2009-7685 FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party on or about June 16, 2011; 2. A true and correct copy of the Notice of Intent, including copies of the proposed Subpoenas, are attached to this Certificate; 3. The twenty-day objection period has expired without any objections being made; 4. The Subpoenas that will be served are identical to the Subpoenas that are attached to this Certificate. submitted, Thomas,/Thomas & Hafer, LLP Date: July 7, 2011 Giurintano, Esquire for Plaintiff THOMAS, THOMAS & HAFER, LLP Todd E. Narvol, Esquire 305 NORTH FRONT STREET Attorney ID #42136 P.O. BOX 999 717-237-7133 HARRISBURG, PA 17108 Jason C. Giurintano, Esquire Attorney ID #59177 717-237-7157 Attorneys for Defendants BONNIE JO HAMILTON, : IN THE COURT OF COMMON PLEAS Plaintiff,: CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CAR.RE NO. 2009-7685 FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, : Defendants.: NOTICE OF INTENT TO PRODUCE DOCUMENTS AND THINGS PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, THO S, THOMAS & F'OR, LLP Date:( l ( By: C. c 'a1j1-)rjn J son C. Giurintano, Esquire 1&3 ttorney for Defendants BONNIE JO HAMILTON, : IN THE COURT OF COMMON PLEAS Plaintiff,: CUMBERLAND COUNTY, PENNSYLVANIA. V. : CIVIL ACTION - LAW DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE NO. 2009-7685 FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, : Defendants.: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 To: Kainani Rose, 210 Main Street, Johnstown, PA 15901 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Comvlete copy of the worker's compensation transcript taken on 3/14/11 regarding Claim No. YLAC58390, Bureau Claim No 3414720 for Bonnie Hamilton, DOB: 2/1/1949, SSN: 215-52-7744, DOL: 11/06/07 etc at: Thomas, Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999, Harrisburg. PA 17108 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: Jason C. Giurintano, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7626 SUPREME COURT ID#: 89177 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy BONNIE JO HAMILTON, : IN THE COURT OF COMMON PLEAS Plaintiff,: CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL COY, JOHN M. EGLOFF, individually and t/d/b/a VIEUX CARRE NO. 2009-7685 FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CAR-RE FARMS, Defendants.: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 To: Jeffrey E. Eiseman Law Offices, 1515 Market St., Ste. 1802, Philadelphia, PA 19102 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all worker's compensation documents regarding Claim No. YLAC58390, Bureau Claim No. 3414720, for Bonnie Hamilton, DOB: 2/1/1949 SSN: 215-52-7744, DOL: 11/06/07 without limitation including but not limited to: correspondence, determinations, findings medical records IME reports statements paw history information, hearing transcri, pts, etc. at: Thomas, Thomas & Hafer. LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108. 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: ADDRESS: TELEPHONE: SUPREME COURT ID#: ATTORNEY FOR: DATE: Jason C. Giurintano, Esquire P.O. Box 999, Harrisburg, PA 17108-0999 (717) 255-7626 89177 Defendant Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Beth E. Foland, Pa.C.P., in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: W. Scott Henning, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Date LP I (P it Beth E. oland, Pa.C.P. CERTIFICATE OF SERVICE I, KATE A. WILHELM, PARALEGAL, of the law firm of THOMAS, THOMAS & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Date 820300.3 L � . BONNIE JOE HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2009-7685 DANIEL COY,JOHN M. EGLOFF, Individually and t/d/b/a VIEUX CARRE FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, ° =`. Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the docket in the above captioned matter as Settled, Discontinued and Ended. Respectfully submitted, HANDLER, ENNING NBERG, LLP By: W. Scott Henn' g, quir Supreme Cou #3 8 1300 Linglestow oad -Suite 2 Harrisburg, PA 17110 henning @hhrlaw.com ,? 717-238-2000 Date: ° � r Attorney for Plaintiff * ,r BONNIE JOE HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2009-7685 DANIEL COY,JOHN M. EGLOFF, Individually and t/d/b/a VIEUX CARRE FARMS, and JUDY A. EGLOFF, individually and t/d/b/a VIEUX CARRE FARMS, Defendants CERTIFICATE OF SERVICE On the 16th day of August, 2013, 1 hereby certify that a true and correct copy of Plaintiff's Praecipe to Settled, Discontinue and End was served upon the following by depositing in U.S. Mail: Jason C. Giurintano, Esq. Thomas,Thomas & Hafer 305 North Front Street P O Box 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG, LLP ' By: � W. Scott Hennin , Es ire Supreme Court 2298