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HomeMy WebLinkAbout10-0704FILED- r Stephen G. Held ''r Ft i '- ?APY Attorney ID# 72663 ZQ Q vl a 4 HANDLER HENNING & ROSENBERG, LLP?? c g i t ; 1300 Linglestown Road Harrisburg, PA 17110 C' Telephone: 717 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Held@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2010- 104 ?tyilTeTm Civil Action (XX) Law ( ) Equity PATRICIA ORNER LOBAR ASSOCIATES, INC. 126 Ridge Drive : 4 Barlo Circle Dillsburg, PA 17019 Dillsburg, PA 17019 : LOBAR SITE DEVELOPMENT CORP. : 4 Barlo Circle versus : Dillsburg, PA 17019 : LOBAR PROPERTIES : 4 Barlo Circle : Dillsburg, PA 17019 : FSA REALTY, LLC : t/d/b/a FSA REALTY ASSOCIATES, LP : 251 Stenton Avenue : Plymouth Meeting, PA 19462 PINNACLE HEALTH HOSPITALS t/d/b/a PINNACLE HEALTH - SEIDLE MEMORIAL HOSPITAL 120 S. Filbert Street Mechanicsburg, PA 17055 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. CS) X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff *401-00 Pp A-TTV Stephen G. Held Handler, Henning & Rosenberg. LLP L'IL 15173o`Z 1300 Linglestown Road, Suite 2 dm'c)'4? a5l qjs Harrisburg, PA 17110 Si a u or (717) 238-2000 Supreme Court ID No. 72663 Name/Address/Phone No.of Attorney Date: January 25, 2010 io - coq awit Term WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIF S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Pro ono a Date: I !0 by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson « a ; .I Sheriff r THtec ?r "'?+AY Vottp Jody S Smith Z1Q#? 12:13 Chief Deputy Edward L Schorpp >?r Solicitor Patricia Orner vs. Case Number Pinnacle Health Hospital t/d/b/a Pinnacle Health at Seidle Memorial Ho (et al.) 2010-704 SHERIFF'S RETURN OF SERVICE 02/02/2010 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: Lobar Associates, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 02/02/2010 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: Lobar Site Development Corp., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 02/02/2010 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: Lobar Properties, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 02/02/2010 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: FSA Realty, LLC t/d/b/a FSA Associates, LLP, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Writ of Summons according to law. 02/04/2010 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: Pinnacle Health Hospital t/d/b/a Pinnacle Health at Seidle Memorial Hospital, but was unable to locate them in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Pinnacle Health Hospital t/d/b/a Pinnacle Health at Seidle Memorial Hospital. Defendant moved December 31, 2009 to the Fredricks Center, Harrisburg Hospital, Front Street, Harrisburg, PA 17101. '02/08/2010 York County Return: And now February 8, 2010 at 1450 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Lobar Properties by making known unto Laura Diller, receptionist for Lobar Properties at 4 Barlo Circle, Dillsburg, PA 17019 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/08/2010 York County Return: And now February 8, 2010 at 1450 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Lobar Site Development Corp. by making known unto Laura Diller, receptionist for Lobar Site Development Corp. at 4 Barlo Circle, Dillsburg, PA 17019 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/08/2010 York County Return: And now February 8, 2010 at 1450 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Lobar Associates, Inc. by making known unto Laura Diller, receptionist for Lobar Associates, Inc. at 4 Barlo Circle, Dillsburg, PA 17019 its contents and at the same time handing to her personally the said true and correct copy of the same. C Coun'ySui±e Sheriff Te eosoft Inc. 02/16/2010 Montgomery County Return: And now February 16, 2010 at 1200 hours I, John P. Duante, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: FSA Realty, LLC t/d/b/a FSA Realty Associates, LLP by making known unto Ralph Van, adult in charge at 251 Stenton Avenue, Plymouth Meeting, PA 19462 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $124.00 March 15, 2010 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF !(') COLIMYSLAe Shenff. Teleosoft. in- s ~ THOMAS, THOMAS &HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717!237-7132 kmcnamara@tthlaw.com Attorneys for Defendant Pinnacle Health Hospitals Ud/b/a Pinnace Health -Seidle Memorial Hospital PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, •- r ~4~ F`' ~ ~ ,M ~:Y ,c Tr 4..~~'~.. 2u l 0 ~' ~ ~ 1 ~ ~:' ~ . ~' ~~+ ~~~ .J;- e. `~. G~:~~ - ;___ ,_~•~~1 L~,,1r~, .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010-704 CIVIL TERM Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: All Parties and Counsel: 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. Respectfully submitted, DATE: 7 l~ c a THOM ,THOMAS &HAFER, LLP By: ` C j/V1`y Kevin C. McNamara, Esquire Attorneys for Defendant Pinnacle Health Hospitals t/d/b/a Pinnacle Health -Seidle Memorial Hospital 827217-1 F THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 kmcnamara@tthlaw.com Attorneys for Defendant Pinnace Health Hospitals t/d/b/a Pinnacle Health - Seidle Memorial Hospital PATRICIA ORNER and JAMES ORNER, her husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH HOSPITALS t/d/b/a PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants NO.2010-704 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT PINNACLE HEALTH HOSPITALS T/D/B/A PINNACLE HEALTH -SEIDLE MEMORIAL HOSPITAL'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1-2. It is admitted that the Plaintiffs are who they say they are. 3-4. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 5. Admitted in part and denied in part. It is admitted that Pinnacle Health Hospitals is anon-profit corporation that does business at the address alleged and that Pinnacle Health Hospitals did business as "Pinnacle Health -Seidle Memorial Hospital" at the time of the incident set forth in the Complaint. It is denied that Pinnacle Health Hospitals currently trades or does business as "Pinnacle Health -Seidle Memorial Hospital". 6. Denied. To the best of Answering Defendant's knowledge, Lobar was not in ownership, possession, management and/or control of the premises at any time material hereto. 7. Denied. FSA Realty was not at any time material hereto in ownership, possession, management or control of the subject premises. FSA Realty acquired an interest in the property after the incident that is the subject of this suit. 8. Admitted with qualification. It is admitted that Answering Defendant was the owner and in possession, management and control of the premises as of the date of this incident. The allegation of "at all times material hereto" is vague and is denied. 9. Admitted in part and denied in part. It is admitted that the Plaintiff was lawfully permitted to be on the premises at 120 South Filbert Street, Mechanicsburg, Pennsylvania, in connection with her employment. The allegation of "at all times material hereto" is vague and is denied. 10. Denied pursuant to Pa.R.C.P. 1029(e). 11. Denied as stated. While it is admitted that no warning signs were posted on the premises on February 1, 2008, it is denied that any warning of existing conditions was necessary or legally required under the circumstances. The allegation of "at all times material hereto" is vague and is denied. 827217-1 2 12. Admitted in part and denied in part. It is admitted that Patricia Orner reported falling in the parking lot on February 1, 2008, and that she was treated at Seidle Memorial Hospital after her reported fall. As to the balance of the allegations, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 13. Denied. As to what the Plaintiff realized and when, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 14. Denied pursuant to Pa.R.C.P. 1029(e). COUNT ! -NEGLIGENCE Patricia Orner v. Lobar Associates, Inc., t/d/b/a Lobar Site Development Corp., t/d/b/a Lobar Properties 15. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 14 as if fully set forth herein. 16-24. These allegations are directed to a party other than Answering Defendant and therefore no response is required. COUNT 1-NEGLIGENCE Patricia Orner v. FSA Realty, LLC, t/d/b/a FSA Realty Associates, L.P. 25. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 24 as if fully set forth herein. 26-34. These allegations are directed to a party other than Answering Defendant and therefore no response is required. 827217-1 3 y COUNT I -NEGLIGENCE Patricia Orner v. Pinnacle Health Hospitals, t/d/b/a Pinnacle Health - Seid/e Memorial Hospital 35. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 34 as if fully set forth herein. 36. Admitted in part and denied in part. It is admitted that Pinnacle was in possession of the premises and managed hospital operations there. As such, Pinnacle exercised some control over the premises, but that control was, at times, shared with others. It is admitted that Pinnacle had a shared responsibility for maintaining safe conditions on the premises, but it is denied that Pinnacle breached any duty to the Plaintiff on the date and at the time in question. 37(a)-(g). Denied pursuant to Pa.R.C.P. 1029(e). 38. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is denied that. Answering Defendant had actual or constructive knowledge of any unreasonably dangerous condition on the premises. 39-44. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Pinnacle Health Hospitals respectfully requests that Count III of Plaintiffs' Complaint be dismissed without cost to it. COUNT lV -LOSS OF CONSORTIUM Patricia Orner v. Lobar Associates, Inc., t/d/b/a Lobar Site Development Corp., t/d/b/a Lobar Properties 45. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 44 as if fully set forth herein. 827217-1 4 46-48. These allegations are directed to a party other than Answering Defendant and therefore no response is required. COUNT /-LOSS OF CONSORTIUM Patricia Orner v. FSA Realty, LLC, t/d/b/a FSA Realty Associates, L.P. 49. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 48 as if fully set forth herein. 50-52. These allegations are directed to a party other than Answering Defendant and therefore no response is required. COUNT I - LO9S OF CONSORTIUM Patricia Orner v. Pinnacle Health Hospitals, t/d/b/a Pinnacle Health - Seid/e Memorial Hospital 53. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 52 as if fully set forth herein. 54. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 55-56. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Pinnacle Health Hospitals respectfully requests that Count III of Plaintiffs' Complaint be dismissed without cost to it. NEW MATTER 57. At the time and place alleged in Plaintiffs' Complaint, there existed generally slippery conditions related to recent and ongoing precipitation. 58. At the time and place of the Plaintiff's alleged fall, the precipitation had not yet accumulated to the point where legal liability can attach. 827217-1 5 59. The Plaintiff s claim is barred by the hills and ridges doctrine. 60. At the time of Plaintiffs fall, Answering Defendant had no notice of any existing dangerous condition and did not have a reasonable opportunity to address any slippery conditions on the property. 61. Answering Defendant had no actual or constructive knowledge or notice of the condition alleged in Plaintiffs' Complaint. 62. The condition of the parking lot was the responsibility of others over whom the Answering Defendant had no control. 63. No acts or failures to act on the part of the Answering Defendant, its agents, servants or employees were a substantial factor or factual cause in bringing about the incident alleged in Plaintiffs' Complaint or any resultant injuries. WHEREFORE, Defendant Pinnacle Health Hospitals respectfully requests that Plaintiffs' Complaint be dismissed without cost to it. DATE: "7 //~o Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Attorneys for Defendant Pinnacle Health Hospitals t/d/b/a Pinnacle Health - Seidle Memorial Hospital 827217-1 6 [ORNER] VERIFICATION I, Robert T. Gabler, state that I am an authorized representative of Pinnacle Health Hospitals, that I make this Verification on behalf of Defendant Pinnacle Health Hospitals, and that 1 have read the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT which has been drafted with the assistance of defendant's counsel. The factual statements contained therein 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. § 4904 relating to unswom falsification to authorities. :~, ~~~ Robert T. Gabler, Director Insurance & Risk Management Pinnacle Health DATE: 7 / 12 / 10 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the r United States mail, postage prepaid, on the ~ day of , 2010: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Mary Kathleen Boyle, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 THOMAS, THOMAS & HAFER, LLP By: ~ ~'1~ Kevin C. McNamara, Esquire 827217-1 7 2010 ~' ~' 20 c~ fL~ 56 CJPvs_ ;~l.~i~f~~Y _ ~. ; , , Stephen G. Held, Esquire I.D. # 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 1.7110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E--mail held hhrlaw com PATRICIA ORNER and IN THE COURT OF COMMON PLEAS JAMES ORNER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP. t/d/b/a LOBAR PROPERTIES, FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., and PINNACLE HEALTH HOSPITALS t/d/b/a PINNACLE HEALTH - SEIDLE MEMORIAL/ HARRISBURG HOSPITAL, Defendants NO: 2010-704 CIVIL ACTION -LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, LOBAR ASSOCIATES. INC. AND NOW, comes Plaintiffs, Patricia Orner and James Order, her husband, by and through their attorneys, Handler, Henning & Rosenberg, LLP, by Stephen Held, Esquire, to file the within Reply to New Matter and aver as follows: 57. This averment is a legal conclusion to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, it is denied that Plaintiffs have failed to set forth a cause of action against Defendants. 58. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, Plaintiff instituted this litigation prior to the expiration of the two-year statute of limitations. 59. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, it is denied that Plaintiff was negligent and therefore, her cause of action is neither barred in whole or in part by terms and provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102. 60. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, Plaintiff was not negligent. 61. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, Plaintiff did not assume the risk of her injuries. 62. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, the incident and all of Plaintiffs' damages resulting therefrom occurred as 2 the result of actions and/or omissions of instant Defendant, and not by intervening and/or superseding causes. WHEREFORE, Plaintiffs request Judgment in their favor against Defendants. Respectfully submitted, HANDL,~R, H~NNIN~ & ROSENBERG, LLP Stephen G. Held, Esquire Attorney I.D. No.: 72663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs Date: July ~, 2010 3 CERTIFICATE OF SERVICE I, Stephen G. Held, Esquire, hereby certify that on this ~ day of July, 2010, I served a true and correct copy of Plaintiffs' Reply to New Matter of Defendant, Lobar Associates, Inc., by depositing a copy of same with the United States Postal Service, Harrisburg, Pennsylvania, First Class Mail, Postage Prepaid, upon the following individual(s): Mary Kathleen Boyle, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 Attorneys for Defendant, Lobar Associates, Inc. Kevin C. McNamara, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 9 Harrisburg, PA 17108-0999 Attorneys for Defendant, Pinnacle Health Hospitals HANDLER, HENNING & ROSENBERG, LLP Stephe G I ,Esquire I.D. No.: 7 63 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintifs ~._ ._ -° . i_. T'. ~ . t-. ~,_ . , ~CUfCi i"'.v is ~ ~ t71 k~~' I'd a0lo /~v~ s ~i ~o:i3 Cv~d~`. 7 r~r i Stephen G. Held, Esquire t.D. # 72663 HANDLER, HENNING 8~ ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 171'{0 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: held(~hhrlaw.com PATRICIA ORNER and IN THE COURT OF COMMON PLEAS JAMES ORNER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO: 2010-704 LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP. t/d/b/a LOBAR PROPERTIES, FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., and PINNACLE HEALTH HOSPITALS t/d/b/a PINNACLE HEALTH - SEIDLE MEMORIAL/ HARRISBURG HOSPITAL, Defendants CIVIL ACTION -LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT. PINNACLE HEALTH HOSPITALS AND NOW, comes Plaintiffs, Patricia Orner and James Order, her husband, by and through their attorneys, Handler, Henning & Rosenberg, LLP, by Stephen Held, Esquire, to file the within Reply to New Matter and aver as follows: 57. This averment is a legal conclusion to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway r of amplification, it is denied that there were generally slippery conditions related to recent and ongoing precipitation. 58. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, it is denied that precipitation had not accumulated to the point where legal liability can attach. 59. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, Plaintiffs claim is not barred by the Hills and Ridges Doctrine. 60. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, Defendant had notice either actual or constructive of the dangerous condition and reasonable opportunity to address any slippery conditions. 61. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, Defendant had notice either actual or constructive of the dangerous condition and reasonable opportunity to address any slippery conditions. 62. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, it is denied that the condition of the parking lot was the responsibility of others over whom the Answering Defendant had no control. 2 63. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. Byway of amplification, actions and/or failures on the part of Answering Defendant, its agents, servants, or employees, were a substantial factor or factual cause in bringing about the incident about Plaintiff s fall. WHEREFORE, Plaintiffs request Judgment in their favor against Defendants. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Step~Sen Q~. Held, Esquire Attorney I.D. No.: 72663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs Date: August 2, 2010 3 i VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (cl Stephen G. Held, 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. Steph n G Held, Esquire Date: August 2, 2010 CERTIFICATE OF SERVICE I, Stephen G. Held, Esquire, hereby certify that on this 2"d day of August, 2010, I served a true and correct copy of Plaintiffs' Reply to New Matter of Defendant, Pinnacle Health Hospitals, by depositing a copy of same with the United States Postal Service, Harrisburg, Pennsylvania, First Class Mail, Postage Prepaid, upon the following individual(s): Mary Kathleen Boyle, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 Attorneys for Defendant, Lobar Associates, Inc. Kevin C. McNamara, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 9 Harrisburg, PA 17108-0999 Attorneys for Defendant, Pinnacle Health Hospitals HANDLER, HENNING & ROSENBERG, LLP Stephe G. eld, Esquire I . D. No.: 72663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~? N0.2010-704 ~ ~` o :~, ~ ~ .F-1 - ~, ,... ~ ~r., :.. a~ ~ :, CIVIL TERM n:~ ~ '-~ JURY TRIAL DEMANDED t-" f , ~` `"° CERTIFICATE PR~REQ~TLSI~ TO SERVE A SUBPOENA PUR~UAi~+1'T TC) I~.l~.~'. ~.ZZ As a Prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22, Defendants certify that: A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoenas aze sought to be served. 2. A copy of the Notice of Intent including the proposed Subpoenas aze attached to this Certificate. 3. No objection to the Subpoenas has been received. 4. The Subpoenas which will be served aze identical to the Subpoenas which aze attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire I.D. Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Date: ~_ 6 _ ~v PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants NO. 2010-704 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Pinnacle Health -Seidle Memorial Hospital, 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 objection is made, the subpoenas maybe served. Date: ~~! ~~/v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS, THOMAS & HAFER, LLP BY J`~ ~ '~ ir.r _. C~~.~ Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorney for Defendant Pinnacle Health -Seidle Memorial Hospital 832858.1 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-704 v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, CIVIL TERM JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Pinnacle Health - Seidle Campus, 120 S. Filbert Street, Mechanicsburg, PA 17055. (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: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/2411969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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 certficate 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 fts 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: Kevin C. McNamara. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: {717) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant - Pinnacle Health DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 832847.1 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-704 v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Shepherdstown Family Practice, 2140 Fisher Road, Mechanicsburg, PA 17055. (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: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D!O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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: Kevin C. McNamara. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant - PlnnaCle Health DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 832847.2 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-704 v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, CIVIL TERM JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Concentra Medical Center, 4910 Ritter Road, Mechanicsburg, PA 17055. (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: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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: Kevin C. McNamara. Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 Prothonotary/Clerk, Civil Division TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant -Pinnacle Health Deputy DATE: Seal of the Court 832847.3 CERTIFICATE OF SER`'TCE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Mary Kathleen Boyle, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paraleg to Kevin C. McNamara Date: ~ ~ ~ t ~ v 832858.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Mary Kathleen Boyle, Esquire Law Offices of William J. Ferree & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 THOMAS, THOMAS & HAFER, LLP By:_ , ~. Rick Stains, Jr., Paralegal to Kevin C. McNamara Date: ~ ~ 4 / rv PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-704 V. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVE 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. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated September 1, 2010, and executed by Plaintiffs counsel, Stephen G. Held, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and cY m 4-'-The subpoena which will ?&srtilae. CV _ 3 C?CD ---7,-r k C-, O ?`. C3 cv cf ? CI' 3 CIA be served is identical to the subpoena which is attached to THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire I.D. Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Date: I? -/6 - /o ?? THOMAS, THOMAS & HAFER Lt.P Attoincly, At t.a?c Sweet Address: 305 North Front Street. Harrisburg. PA 17101 Mailing Address: P.O. Box 999. Harrisburg. PA 17108 Phone: 717.237.7100 Fax: 717.337.7103 Nevin C. Mcldamaw (;17) _'37-713? 1,-nu-nantara ct;tthlcn4-.corn September 1, 2010 Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Hazrisburg. PA 17110 RE: Crner v. Pinnaele, et al. Cumberland County C.C.P. No. 2010-704 Our File No. 819.01040 Dear Attorney Held: Enclosed please find a Notice of Intent to Serve Subpoenas, pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Very truly yours, THOMAS, THOMAS & HAFER, LLP By Rick Stains, Jr., Paralegal to Kevin C. McNamara / riS:833t306.4 Enclosure cc: Mary Kathleen Boyle, Esquire (w/enclosure) Esquire, counsel for Plaintiff, have no objection to the serving of th subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records they obtain pursuant to these subpoenas. Date: Baltimore Bethlehem Harrisburg Philadelphia Esquire I*V- - I Pittsburgh Wilkes-Barre www.tthlaw cone PATRICIA ORNER and JAMES ORhIER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-704 v. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Pinnacle Health - Seidle Memorial Hospital, 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 objection is made, the subpoenas may be served. Date: 9_ _)o THOMAS, THOMAS & HAFER, LLP By 1?- G 1eq Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Att077zey. for Defendant Pinnacle Health - Seidle Memorial Hospital 832858.2 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-704 V. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Cumberland Orthopedic and Spine, 1847 Center Street, Camp Hill, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09124/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRl films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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: Kevin C. McNamara, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant - Pinnacle Health DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 832847.4 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs V. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants NO. 2010-704 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Hershey Medical Center, 500 University Drive, Hershey, PA 17033. (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: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRi films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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 courl order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kevin C. McNamara, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant - Pinnacle Health DATE: Seal of the Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary/Clerk, Civil Division Deputy 832847.5 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs V. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants NO. 2010-704 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Orthopedic Institute of Pennsylvania, 3399 Trindle Road, Camp Hill, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/2411969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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: Kevin C. McNamara, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant - Pinnacle Health DATE: Seal of the Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary/Clerk, Civil Division Deputy 832847.6 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-704 V. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Arlington Orthopedics, 805 Sir Thomas Court, Harrisburg, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things. Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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: Kevin C. McNamara, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant - Pinnacle Health DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 832847.7 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs V. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants NO. 2010-704 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Tristan Associates, 240 Grandview Avenue, Camp Hill, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things. Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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: Kevin C. McNamara, Esquire ADDRESS 305 N. Front Street, P. 0. Box 999 Harrisburg, PA 17108 Prothonotary/Clerk, Civil Division TELEPHONE: ( 17) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant - Pinnacle Health Deputy DATE: Seal of the Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 832847.8 PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-704 V. LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Tristan Associates, 240 Grandview Avenue, Camp Hill, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 2002 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, 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: Kevin C. McNamara, Esquire ADDRESS 305 N. Front Street P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant - Pinnacle Health DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 832847.9 CERTIFICATE OF SERVICE 1, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Mary Kathleen Boyle, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 THOMAS, THOMAS & HAFER, LLP By: 77j?tZ ?--.._... Rick Stains> Jr. Paralegal to Kevin C. McNamara Date: L,1/, / ,G, 832858.2 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Mary Kathleen Boyle, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal to Kevin C. McNamara Date: ?? , 6/(0 ,r r� � pif L°• J CUMBERLAND PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA ORNER and JAMES ORNER, her husband, Plaintiffs, . V. NO.: 2010-704 x LOBAR ASSOCIATES, INC., t/d/b/a LOBAR SITE DEVELOPMENT CORP. t/d/b/a LOBAR PROPERTIES, FSA REALTY, LLC, t/d/b/a/FSA REALTY ASSOCIATES, CIVIL ACTION—LAW L.P., and PINNACLE HEALTH HOSPITALS, t/d/b/a PINNACLE HEALTH — SEIDEL MEMORIAL/HARRISBURG HOSPITAL, Defendants. ORDER AND NOW, thisZA-14y ofd 10401f.4 2013, upon review and consideration of the within Motion, IT IS HEREBY ORDERED that Defendant, Lobar Associates, Inc.,t/b/d/a Lobar Site Development Corp. t//b/d/a Lobar Properties, file responses to Plaintiffs' Discovery in the form of Interrogatories and Requests for the +4AkA 60) Production of Documents within tm4Q) days of the date of service of this Order upon the Defendants. Plaintiff shall serve a copy of this Order upon the Defendants by Certified Mail,return receipt requested. BY TH RT: J. Distribution list on following page. t'on: - Counsel for Plaintiffs, Stephen G. Held,Esq.,Handler,Henning&Rosenberg,LLP, 1300 Linglestown Rd.,Suite 2,Harrisburg,PA 17110. ✓- Counsel for Defendant Lobar,Mary Kathleen Boyle,Esq,Law Offices of Witiam J. Ferren& Associates, 10 Sentry Parkway,Suite 301,Blue Bell,PA 19422. - Counsel for Defendant Pinnacle, Kevin C.McNamara,Esq.,Thomas,Thomas&Hafer,P.O. Box 999, Harrisburg,PA 17108. 3 PATRICIA ORNER and JAMES ORNER, IN THE COURT OF COMMON PLEAS OF her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2010-704 V. LOBAR ASSOCIATES, INC., t/d/b/a CIVIL TERM LOBAR SITE DEVELOPMENT CORP., r-r;c74.7 4=; t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY JURY TRIAL DEMANDED=' ASSOCIATES, L.P., PINNACLE `r 6 HEALTH-SEIDLE MEMORIAL HOSPITAL, •• r.'t Defendants CERTIFICATE PREREQUISITE TO SERVE SUBPOENAS PURSUANT TO RULE 4009.2 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 the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. Copies of the notice of intent including the proposed subpoenas are attached to this certificate; 3. Plaintiff does not object to the subpoenas and waives the notice of intent to serve subpoenas to produce documents and things for discovery pursuant to Rule 4009.21; 1 840650.3 4. A copy of an e-mail dated October 25, 2013 from Plaintiffs counsel, Stephen G. Held, Esquire, indicating no objections and waiver of the notice of intent is attached to this certificate; 5. The subpoenas which will be served are identical to the subpoenas attached to this certificate. THOMAS, THOMAS&HAFER, LLP Kevin C. McNamara, Esquire PA#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorney for Defendant Pinnacle Health -Seidle Memorial Hospital Date: October 30, 2013 2 • Y f PATRICIA ORNER and JAMES ORNER, IN THE COURT OF COMMON PLEAS OF her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2010-704 V. LOBAR ASSOCIATES, INC., t/d/b/a CIVIL TERM LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY JURY TRIAL DEMANDED ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Pinnacle Health-Seidle Memorial Hospital, 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 objection is made, the subpoenas may be served. THOMAS,THOMAS &HAFER, LLP V14171 ' Kevin C. McNamara, Esquire PA#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorney for Defendant Pinnacle Health -Seidle Memorial Hospital Date: October 22, 2013 1381426.1 CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of October 2013,the foregoing Notice of Intent was served via first-class mail, postage prepaid,upon the following: Stephen G. Held, Esquire Handler, Henning& Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Mary Kathleen Boyle, Esquire Law Offices of William J. Ferren&Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 THOMAS,THOMAS&HAFER, LLP '‘)(0.-) 'UAW Kathleen H. Moyer, Parale 1 for Kevin S. McNamara, Esquire 1381426.1 Moyer, Kathleen H. From: Stephen G. Held, Esquire <held @hhrlaw.com> Sent: Friday, October 25, 2013 4:59 PM To: Moyer, Kathleen H. Cc: McNamara, Kevin C.; mboyle @travelers.com Subject: Orner v. Lobar I have received the Notices of Intent to Issue subpoenas to Dr. Lupinacci,Quantum,Tristan and Holy Spirit Health system. I have no objection and waive the 20 day notice period. Please provide me with copies of the documents obtained by these subpoenas. Very truly yours, Stephen G. Held, Esq Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 HeldAHHRLaw.com http://www.hhrlaw.com This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by replying to Held( HHRLaw.com,and deleting the message. Thank you very much. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA ORNER and JAMES ORNER, her husband, NO. 2010-704. Plaintiffs CIVIL TERM v. LOBAR ASSOCIATES, INC., t/d/b/a JURY TRIAL DEMANDED LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Michael F. Lupinacci, MD 175 Lancaster Avenue Mechanicsburg, PA 17055 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 correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 7/9/10 through the present to Kathleen H. Moyer, Paralegal, 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. I 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: Kevin S. McNamara, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-o999 TELEPHONE: (717) 237-7132 SUPREME COURT ID#: 72668 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • PATRICIA ORNER and JAMES ORNER, her husband, NO. 2010-704 Plaintiffs CIVIL TERM v. LOBAR ASSOCIATES, INC., t/d/b/a JURY TRIAL DEMANDED LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Medical Records Quantum Imaging&Therapeutic Associates, Inc. 629 D-Lowther Road Lewisberry, PA 17339 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 correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation to Kathleen H. Moyer, Paralegal, THOMAS, THOMAS &HAFER, LLP, 3o5 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: Kevin S. McNamara, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7132 SUPREME COURT ID#: 72668 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA ORNER and JAMES ORNER, her husband, NO. 2010-704. Plaintiffs CIVIL TERM v. LOBAR ASSOCIATES, INC., t/d/b/a JURY TRIAL DEMANDED LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Tristan Associates 24o Grandview Avenue Camp Hill, PA 17011. 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 correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 3/11/09 through the present to Kathleen H. Moyer, Paralegal, THOMAS, THOMAS & HAFER, LLP, 3o5 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: Kevin S. McNamara, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7132 SUPREME COURT ID#: 72668 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA ORNER and JAMES ORNER, her husband, NO. 2010-704. Plaintiffs CIVIL TERM v. LOBAR ASSOCIATES, INC., t/d/b/a JURY TRIAL DEMANDED LOBAR SITE DEVELOPMENT CORP., t/d/b/a LOBAR PROPERTIES FSA REALTY, LLC, t/d/b/a FSA REALTY ASSOCIATES, L.P., PINNACLE HEALTH-SEIDLE MEMORIAL HOSPITAL, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Medical Records Holy Spirit Hospital &Health System 503 N. 21st Street Camp Hill, PA 17011 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 correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of PATRICIA ORNER, D/O/B: 09/24/1969, including, but not limited to, patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis,x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation to Kathleen H. Moyer, Paralegal, 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: Kevin S. McNamara, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7132 SUPREME COURT ID#: 72668 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that on this 3o day of October 2013, a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas was served via first-class mail, postage prepaid, upon the following: Stephen G. Held, Esquire Handler, Henning&Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Mary Kathleen Boyle, Esquire Law Offices of William J. Ferren &Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-2302 THOMAS,THOMAS &HAFER, LLP f Kath een H. rig:, Paralal for Kevin S. McNamara, Esquire 3