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HomeMy WebLinkAbout10-1886FILED-OFTE Christina L. Bradley, Esquire rT 71-FE 1L1p0-'r,n1,'4)TAPY FREEBURN & HAMILTON 4415 N. Front St. 2010 MAR 17 AM 11: Z 9 Harrisburg, PA 17110 (717)671-1955 ID No.: 89107 17-3 y LORRAINE A. SIMPSON : IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW No.. 10 - ?IV(ITer" USM, INC. Defendant. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle PA 17013 (800) 990-9108 FREEBURN & HAMILTON By: 0A-t l--s+40- L' ? 0, Christina L. Bradley, Esquire I.D. No. 89107 Date: L t l u 110 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Counsel for Plaintiff `s $ g 9L. Co PID A TT4 mil- l Ob9 f Rl4 d3gOld Christina L. Bradley, Esquire FREEBURN & HAMILTON 4415 N. Front St. Harrisburg, PA 17110 (717)671-1955 ID No.: 89107 LORRAINE A. SIMPSON IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW USM, INC. No.. Defendant. JURY TRIAL DEMANDED NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle PA 17013 (800) 990-9108 FREEBURN & HAMILTON By: Ita' L Christina L. Bradley, Esquire I.D. No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 3 (?? 1 Counsel for Plaintiff Christina L. Bradley, Esquire FREEBURN & HAMILTON 4415 N. Front St. Harrisburg, PA 17110 (717)671-1955 ID No.: 89107 LORRAINE A. SIMPSON IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. No.. USM, INC. Defendants. JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff Lorraine A. Simpson, by and through her attorneys FREEBURN & HAMILTON and states the following: 1. Plaintiff Lorraine A. Simpson, is an adult individual residing at 2204 Spring Run Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant USM, Inc. is a Pennsylvania Corporation with offices located at 1880 Markley St., Norristown, Montgomery County, Pennsylvania 19401. 3. The facts and occurrences hereinafter related took place on or about September 7, 2008 at approximately 8:30 a.m. at Giant Store #120, 255 Cumberland Parkway, Mechanicsburg, Cumberland County, Pennsylvania 17055 in the internal corridor of Giant Store #120. 4. At the above-time and place, Defendant USM, Inc., was in exclusive management, maintenance and control of the corridor area of Giant Store #120 through its employees who were acting within the scope and course of their employment by Defendant USM, Inc., and in furtherance of Defendant's business. 5. At the above-referenced time and place Defendant USM, Inc. had a contract with Giant Store #120 for maintenance, including the cleaning of floors in the store. 6. At the above-referenced time and place Plaintiff Lorraine A. Simpson was employed by Giant Store #120 and was in the course and scope of her employment. 7. At the above-referenced time and place, Plaintiff Lorraine A. Simpson was walking in the corridor at Giant Store #120 when she suddenly and without warning slipped on a slippery substance left on the floor by an employee of Defendant USM, Inc.. 8. The foreign, slippery substance caused Plaintiff Lorraine Simpson to slip and fall causing injuries as described more fully below. COUNTI PLAINTIFF,- LORRAINE SIMPSON v. DEFENDANT, USM, INC. NEGLIGENCE 9. Paragraphs 1-8 are incorporated herein by reference thereto. 10. The foregoing incident and all of the injuries and damages as set forth hereinafter are the direct and proximate result of the negligent, gross negligence, careless, wanton and reckless manner in which Defendant operated and maintained Giant Store #120, which consisted o£ a. Failing to exercise reasonable care to ensure the safety of business visitors and employees of Giant Store #120 such as Plaintiff, b. Failing to inspect the premises and discover the foreign substance that caused the incident; C. Failing to discover and/or keep the premises and floor of Giant Store #120 free and clear of foreign substances that would create a hazard to business visitors or employees of Giant Store #120 such as Plaintiff, d. Failing to adequately supervise and manage its employees who should have discovered and removed the foreign substance that caused the incident; 2 e. Failing to anticipate the harm that the foreign substance would cause business visitors and employees of Giant Store #120 such as Plaintiff; f. Permitting a foreign substance to accumulate on the floor at a point where it posed an unreasonable risk of injury to Plaintiff and other business visitors and employees of Giant Store #120; g. Failing to give warning of the dangerous condition posed by the accumulation of the foreign substance, erect barricades, or take any other safety precautions to prevent injury to Plaintiff, business visitors or other employees; and h. Failing to remove the foreign substance from the floor and keep the floor clean and free of hazardous conditions. 11. As a direct result of Defendant USM Inc.'s negligence, carelessness and recklessness, Plaintiff suffered painful and severe injuries to her nerves, bones, and soft tissues, which include, but are not limited to, sprain/strain to her left ankle and Medial Collateral Ligament (MCL) injury to left knee. 12. By reason of the aforesaid injuries suffered by Plaintiff, she has suffered a heightened possibility that she will suffer other or additional injury in the future and claim is made therefore. 13. The aforesaid injuries suffered by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 14. By reason of the aforesaid injuries suffered by Plaintiff, she was forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to full health and claim is made therefore. 3 15. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 16. By reason of the aforesaid injuries suffered by Plaintiff, she has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she had lost and which she might reasonably have earned in the pursuit of her ordinary calling and claim is made therefore. 17. By reason of the aforesaid injuries suffered by Plaintiff, she has suffered a loss or impairment of future earning capacity and claim is made therefore. 18. By reason of the aforesaid injuries suffered by Plaintiff, she has incurred incidental costs and expenses, the exact amount of which cannot be ascertained at this time and claim is made therefore. 19. As a result of the aforesaid injuries suffered by Plaintiff, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment and claim is made therefore. 20. As a result of the aforesaid injuries suffered by Plaintiff, she has been subjected to humiliation, embarrassment, shame, worry and anger. 21. As a result of the aforesaid injuries suffered by Plaintiff, she has been subjected to severe mental anguish, emotional distress, shame, worry and anger. 22. As a result of the aforesaid injuries suffered by Plaintiff, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 23. By reason of the aforesaid injuries suffered by Plaintiff, she has been deprived her enjoyment of the pleasures of life. 4 24. Plaintiff continues to be plagued by persistent pain and limitation and therefore avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 25. As a result of the aforesaid injuries suffered by Plaintiff, she has suffered a disfigurement and claim is made therefore. WHEREFORE, Plaintiff Lorraine Simpson, demands judgment in her favor and against Defendant USM, Inc., in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00) 00/100, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. FREEBURN & HAMILTON Dated: 3 I 1 U 1 Id Christina L. Bradley, Esquir Attorneys for Plaintiff Lorraine Simpson 4415 N. Front Street Harrisburg, PA 17110 (717)671-1955 ID No. 89107 5 VERIFICATION I, Lorraine A. Simpson, hereby verify that I am the Plaintiff in the foregoing action and the statements in the foregoing COMPLAINT are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: M GRRAINE SIMPS ~~~ ~~`~= ~;~~i, ~l~ ~,~ir ,~t~~ .. , 2010 r"i~; ~' 1 ~ Ft°~ 1: G Zaly,~~ ,_, ~_jr~ r~ ~ ,,~ r 'Ui~ ~' t J~ i~~ ~Yi 41 Vs, OBERMAYER REBMANN MAXWELL & HIPPEL LLP By: Lars J. Lederer, Esquire Attorney I.D. No.: 89719 One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Phone: (215) 665-3188 Fax: (215) 665-3165 LORRAINE A. SIMPSON 2204 Spring Run Drive Mechanicsburg, PA 17055, Plaintiff, vs. USM, INC. 1880 Markley Street Norristown, PA 19401, Defendant, vs. TRACY ANN DE BLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES PO Box 56 & 99 Pine Creek Drive Enola, PA 17025 Carlisle, PA 17013, Additional Defendant. 4462949 TO: PLAINTIFF You are hereby notified to plead to the enclosed NEW MATTER within twenty (20) days from service thereof or default judgment maybe entered against you. ars J. Lederer, Esquire Attorney for Defendant, USM Attorney for Defendant, USM, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL DOCKET NO. 10-1886 ANSWER TO COMPLAINT WITH NEW MATTER ANSWER OF DEFENDANT, USM, WITH NEW MATTER Defendant USM, by and through its attorneys, Obermayer, Rebmann, Maxwell & Hippel, LLP, hereby submits the following Answer to Plaintiff's Complaint with New Matter and avers as follows: 1. 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 2. Denied as stated. Admitted that USM is a Pennsylvania corporation with the aforesaid business address. All remaining averments are denied. 3. 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 4. Denied: The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, USM contracted with Giant to provide floor cleaning services at the premises. However, these services were subcontracted to Tracy Ann de Blasio d/b/a Reliable Building Services a/k/a Reliable Business Services (hereinafter "Reliable"). 5. Denied. The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, USM contracted with Giant to provide floor cleaning services at the premises. However, 4462949 -2- these services were subcontracted to Tracy Ann de Blasio d/b/a Reliable Building Services a/k/a Reliable Business Services (hereinafter "Reliable") 6. 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. By way of further answer, the allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. 7. 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. 8. Denied. The allegations contained in this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. COUNTI PLAINTIFF, LORRAINE SIMPSON v. DEFENDANT USM, INC. NEGLIGENCE 9. Answering defendant incorporates by reference the preceding paragraphs as if set forth at length herein. 4462949 _ 3 10. (a) - (h) Denied. The allegations of negligent, grossly negligent, careless, wanton and reckless conduct contained in this paragraph of plaintiff s Complaint and its subparts are specifically denied. By way of further answer, the allegations contained in this paragraph of plaintiff's Complaint and its subparts constitute conclusions of law to which no responsive pleading is required. 11. Denied. The allegations contained in this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 12. Denied. The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 13. Denied. The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. 14. The allegations contained in this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to 4462949 -4- form a belief as to the truth of the averments contained in this paragraph of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 15. The allegations contained in this paragraph of plaintiff s Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 16. The allegations contained in this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. 17. The allegations contained in this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. 18. The allegations contained in this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. 4462949 5 - 19. The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. 20. The allegations contained in this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 21. The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff s Complaint and therefore strict proof thereof is demanded at the time of trial. 22. The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 23. The allegations contained in this paragraph of plaintiff s Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to 4462949 _ 6 form a belief as to the truth of the averments contained in this paragraph of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 24. The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. 25. The allegations contained in this paragraph of plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. By way of further answer, 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 of plaintiff's Complaint and therefore strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment in its favor together with an award of attorneys' fees and costs against plaintiff. NEW MATTER 26. Answering defendant incorporates by reference the preceding paragraphs as if set forth at length herein. 27. 28. Plaintiff s Complaint fails to state a cause of action upon which relief may be granted. 29. Plaintiff s Complaint is barred by the applicable statute of limitations. 30. Plaintiff s Complaint is barred by the doctrine of assumption of the risk. 4462949 -7- 31. Plaintiff s Complaint is barred by the doctrines of laches, waiver and estoppel. 32. Plaintiff s damages, if any, occurred due to the intervening and superseding acts of others, over whom answering defendant neither controlled nor had the ability to control. 33. The injuries complained of by plaintiffs are due solely to the negligence, carelessness and recklessness of plaintiff herself and were in no way caused by answering defendant. 34. Plaintiff s claims are barred and/or limited as plaintiff has failed to mitigate her damages. 35. Plaintiff s injuries, if any, were caused solely by the negligence, carelessness and recklessness of others over whom answering defendant exercised no control, including Reliable. 36. Plaintiff encountered a known risk and is solely negligent and responsible for her injuries, if any, resulting therefrom. 37. The answering defendant could not and did not foresee the damages or injuries plaintiffs allege. 38. Plaintiff s Complaint is barred by virtue of the fact that at the time and place stated in the Complaint, plaintiff exceeded the scope of any invitation or implied invitation to the premises and the answering defendant has breached no duties allegedly owed. 39. Answering defendant hereby reserves the right to move to amend this Answer and include any defenses which may become available through discovery. 40. Answering defendant subcontracted the floor cleaning services to be performed at the location where the plaintiff claims to have fallen to Reliable, which was not an agent of the answering defendant. Moreover, Reliable is contractually obligated to defend and indemnify USM in this litigation. 4462949 _ g 41. Any and all claims which arise pursuant to the contract between USM and Reliable must be resolved via arbitration filed with the American Arbitration Association, whereby the answering defendant does not waive its right to do so. WHEREFORE, USM demands judgment in favor together with an award of attorneys' fees and costs. Dated: May 17, 2010 OBERMAYER REBMANN MAXWELL HIPPEL P BY: Lars J. Le erer, Esquire Attorneys for Defendant Tower Cleaning Systems, Inc. d/b/a US Maintenance 4462949 -9- VERIFICATION Lauren Amato is an authorized agent of defendant Tower Cleaning Systems, Inc. d/b/a US Maintenance and states that he/she is acquainted with the facts set forth in the foregoing Answer to Plaintiff s Complaint with New Matter and is authorized to make this verification on its behalf; that the same are true and correct to the best of his/her knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. ouv~v, Y~. Lauren Amato, Esquire 4462949 CERTIFICATE OF SERVICE The undersigned hereby certifies and states that a true and correct copy of the attached Answer to Complaint with New Matter was served via regular first class mail, postage prepaid, upon all counsel / unrepresented parties as follows: Christina L. Bradley, Esquire Freeburn & Hamilton 4415 N. Front Street Harrisburg, PA 17110 Tracy Ann de Blasio d/b/a Reliable Building Services a/k/a Reliable Business Services PO Box 56 & 99 Pine Creek Drive Enola, PA 17025 Carlisle, PA 17013 Additional Defendant OBERMAYER REBMANN MAXWELL & IPPEL LLP BY: Lars J. Le erer, Esquire Attorneys for Defendant Tower Cleaning Systems, Inc. d/b/a US Maintenance Dated: May 17, 2010 4462949 ,... ., r..r. , ., Christina L. Bradley, Esquire ~°~~ ~t ~' ~'``` } ~ ;..,'; ,F,[(~~~'~~~ FREEBURN 8s HAMILTON 4415 N. Front St. ZQIO ~~o~ -~ D~ ~~~ I Z Harrisburg, PA 17110 (717)671-1955 Ct,JM}~'~.~ ;i_.:.,, ~~, c %~~'~ ID No.: 89107 1'~.r~~iy~ii"~~/r'~'~''y"+. LORRAINE A. SIMPSON Plaintiff, v. USM, INC. Defendant, v. TRACY ANN DE BLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No.: 10-1886 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 26. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 27. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 28. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 29. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 30. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 31. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 32. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. By way of further reply, any implication that the injuries and damages suffered by Plaintiff were not caused by Answering Defendant is specifically denied. 33. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. By way of further reply, any implication that the injuries and damages suffered by Plaintiff were not caused by Answering Defendant is specifically denied. 34. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 35. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. By way of further reply, any implication that the injuries and damages suffered by Plaintiff were not caused by Answering Defendant is specifically denied. 2 36. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. By way of further reply, any implication that the injuries and damages suffered by Plaintiff were not caused by Answering Defendant is specifically denied. 37. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. By way of further reply, any implication that the injuries and damages suffered by Plaintiff were not caused by Answering Defendant is specifically denied. 38. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 39. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 40. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. By way of further reply, any implication that the injuries and damages suffered by Plaintiff were not caused by Answering Defendant is specifically denied. 41. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. By way of further reply, any implication that the injuries and damages suffered by Plaintiff were 3 not caused by Answering Defendant is specifically denied. WHEREFORE, Plaintiff Lorraine Simpson, demands judgment in her favor and against Defendant USM, Inc., in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00) 00/ 100, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. FREEBURN 8s HAMILTON Dated: ~~-~-*-~- ~{TZD I U i~' Christina L. Bradley, Esqu e Attorneys for Plaintiff Lorraine Simpson 4415 N. Front Street Harrisburg, PA 17110 (717)671-1955 ID No. 89107 4 VERIFICATION I, Lorraine A. Simpson, hereby verify that I am the Plaintiff in the foregoing action and the statements in the foregoing REPLY TO NEW MATTER are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Jr .2 ~ /~ L RRAINE SIM SON CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of a Reply to New Matter, was / l fb duly served on this `~ day of June, 2010, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Lars Lederer, Esquire Obermayer Rebmann Maxwell 8s Hippel 1 Penn Center 1617 JFK Blvd., 19th Fl Philadelphia, PA 19103 Matthew Stool, Esquire Sweeney 8v Sheehan 1515 Market Street, 15th Floor Philadelphia, PA 19102 BY: Elizabe L. Zieglerale to Chris na L. Bradley, Es re Attorney I.D. #89107 FREEBURN 8v HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: Attorney for Plaintiff SWEENEY & SHEEHAN, P.C. By: Guy Mercogliano, Esquire Identification No. 39766 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 LORRAINE A. SIMPSON, v. USM, INC. Plaintiff, TRACY ANN DEBLASIO D/B/A RELIABLE BUILDING SERVICES A/K/A RELIABLE BUSINESS SERVICES Defendants. Attorney for: Defendant Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.: 10-1886 _, . K' " s •-~ `UC.? i e'3 J : ~°y Rln _ ~~ `:_~` ~ laf_, _, : ~ _ :. ~- c` . `~ n ~ ~ ~'! j . ., ' ~ K r ~ ..'~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4099 22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4099.22, Defendants certify that: (1) A Notice of Intent to serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party on June 4, 2010, at least twenty days prior to the date on which the Subpoenas are sought to be served; (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) No objection to the Subpoena has been received and; (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to serve the Subpoena. SWEENEY & SHEEHAN By: tt rney for Defendants, Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services DATE: June 21, 2010 20 DAYS HAVE BEEN WAIVED SWEENEY &SHEEHAN, P.C. By: Guy Mercogliano, Esquire Identification No. 39766 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 LORRAINE A. SIMPSON, Plainti f j; v. USM, INC. TRACY ANN DEBLASIO D/B/A RELIABLE BUILDING SERVICES A/K/A RELIABLE BUSINESS SERVICES Defendants. Attorney for: Defendant Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.: 10-1886 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY 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 objection is made, the Subpoenas maybe served. DATE: June 4, 2010 SWEENEY &SHEEHAN By: Ai~brney for Defendants, Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson v. File No. 10-1886 Tracy Ann DeBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Grandview Surgical Center (Name of Person or Entity) 1~'ithin twenty {20} days after service of this subpoena, you are ordered by the court to produce the following documents or things: Lorraine Simpson, DOB: 7/18/46, including but not limited to medical records, discharge summaries, evaluations, reports, and bills. at Sweeney & Sheehan 1515 Market Street, Ste. 1900 Philadelphia, PA 19102 (Address) 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: Guy Merco~liano, Esquire ADDRESS: 1515 Market St.. Ste. 1900 _.....~.kii ~ ade? nhi ~,_J?,A__.1.41 Q2 TELEPHONE: - - SUPREME COURT ID # ATTORNEY FOR: Defendants r Dater 4~~ ~~" a~ j~_ ' Seal ~~f the ~ Duff BY THE O T: 0 L-- onotary, Civil D' ision Deputy COMMONWEALTH OF PENNSYLVANL4 COUNTY OF CUMBERLAND Lorraine Simpson v • File No. 10-1886 Tracy Ann DiBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Neurological Associates (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: A copy of any and all records in your possession pertaining to Lorraine Simpson, DOB: 7/18/46, including but not limited to ~tedica~ records, evaliiarinn ~nrrp~pondence,-~A~..~, b 11 and invoices. at Sweeney & Sheehan 1515 Market Street, Ste. 1900 Philadelphia, PA 19102 (Address) 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. THLS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:_Guy Mercogliano, Esquire ADDRESS: 1515 Market Street Ste. 1900 -.-..--~l~~el,.p.-.~-P~. 19102 TELEPHONE: SUPREME COUF T ID t# ATTORIr'E ~''r'OR: Defendants ~Seai of*.he ,oC BY OURT• 0 otary, Civil ivision Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson File No. 10-1886 v. Tracy Ann DeBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: First Choice Rehabilitatjon Sp~~plictc (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: A co~y of any a,t~d all records in ,your no~GgpGSion n,Prtaining rn Lorraine Simpson, DOB: 7/18/46, including but not limited to medical records, progress notes, reFor s, Qvaluations, hills anA invoices. at Sweeney & Sheehan 1515 Market Street Ste. 1900 Philadelphia, PA 19102 (Address) 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 eerving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TI3E FOLLOW~IG PERSON: NAME: Guy Mercogliano, Esquire ADDRESS: _ 1515 Market Streeter Ste. 1900 Phi_ladelphia_.,_ PA 1~1Q2 TELEPHONE: ~L5-5h3-9Rt t SUPREME COL7R'I' ID #t ~ ATTORNT:`~ F7I': -De-€~endan-t~s Date: ~.L~.~.3.£..__j.~'~1~_ 'Seal cr the Dort BY THE URT: o ry, Civ' Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson v. File No. 10-1886 Tracy Ann DeBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TQ: Giant Food Store (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 video tapes or other recordings of activities within the store on September 6, 2008; September 7, 2008 and September 8, 2008. at Sweeney & Sheehan 1515 Market Street Ste. 1900 Philadelphia, PA 19102 (Address) 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; Guy Mercogliano, Esquire ADDRESS: 1515 Market Streets Ste. 1900 Philadelphia, PA 19102 i TELEPHONE: 215 - 5 6 3- Q~i ],. j SUPREME COURT ID # ~97~i.6, ATTORI°dEY Ft~R: il~fnn~~~t:s Date'~,~1. ~F,._ j 7~_ ~~a 'Se:a1 oftl*_e Court BY TH URT: Pro on iv' Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson v. File No. 10-1886 Tracy Ann DiBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: nrthn„~neAir Tnetitntp of PA (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: Lorraine Simpson, DOB: 7/18/46, including but not limited to medical records, progress notes, evaluations, correspondence, reports, bills and invoices. at Sweeney & Sheehan 1515 Market Street, Ste. 1900 Philadelphia, PA 19102 (Address) You znay 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. THLS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Guy_ Mercogliano, Esquire ADDRESS: 1515 Market St. Stems 1900 TELEPHONE: - - SUPREME COURT ID # ATTORNEY FOR: Defendants Date: ~~E. /~J~~ 'S:;E! of the Court BY COURT: rothonotary, Civ 1 Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson File No. 10-1886 v. Tracy DeBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthnp Aim TnetitntP ~f PA-Ra, (Name of Person or ntity) Within twenty {20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A copy of any and all records in your possession pertaining to Lorraine Simpson, DOB: 7/18/46, including but not limited to all films, reports, correspondence, bills and invoices. at Sweeney & Sheehan 1515 Market Street, St_e. 1900 Philadelphia, PA 19102 (Address) 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 FOLLOWIl~TG PERSON: NAME: Guv Merco~liano, Esquire ADDRESS: 1515 Market Street. Ste. 1900 ..Ehi 1 a 7,ph i a~a.P.~.._7.4_I.O.~._._ TELEPHONE: - - SUPREME COURT ID # ATTORNEY FOR: Defendants Date:`_ ~f D! 'Seal of the Court BY TH OURT: onotary, Civil ivision Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson , File No. 10-1886 v. , Tracy Ann DiBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital (Marne 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: A copy of any and all records in your possession pertaining to Lorraine Simpson, DOB: 7/18/46, including but not limited to medical records, discharge summaries, correspondence, evaluations, and bills. at Sweeney & Sheehan 1515 Market Street, Ste. 1900 Philadlephia, PA 19102 (Address) 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 ttus 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: Guy Merco~liano, Esquire ADDRESS: 1515 Market Street. Ste. 1900 ad~l ,gjl,I„~ PA 19102 TELEPHONE: - - SUPREME COURT ID # ATTOR~rEYFOR: Defendants Date: !~U-emu'- ~~ _,~.~1D 'Sea"t vi ti1C, Cart BY E T: Prothonotary, Civil ivision Deputy COMMOANJEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson v. . File No. 10-1886 Tracy Ann DeBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ~'O~ West Shore EMS (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: A copv of any and all documents in your possession pertaining to Lorraine Simpson, DOB: 7j18/46, including but not limited to EMS report, correspondence. medical records bills and invoices. at_ Sweeney & Sheehan 1515 Market Street, Ste. 1900 Philadelphia, PA 19102 (Address} 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 FOLLOWIl~TG PERSON: NAME: Guy Mercogliano, Esquire ADDRESS: 1515 Market St. Ste. 1900 ,~ Philadelhia, PA 19102 ___._ TELEPHONE: _215-~6~-4$~j SUPREME COURT ID # ATTORNEY FOR: Defen3an~s Date:. ~I,L.A~~_ ~7 (~ ' Sep l of the C rt BY THE URT: ro tary, Civil ivision Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson v ~ File No. 10-1886 Tracy Ann DeBlasio, et al ' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital (Name of Person or Entity) Within twenty {20j days after service of this subpoena, you are ordered by the court to produce the following documents or things: A copy of any and all records in yo~.,~pos.~GCion pg,rtaining to Lorraince Simpson, DOB: 7/18/46, including but not limited to medical records, discharge summaries, correspondence, progress notes, and bills. at®Sweeney & Sheehan 1515 Market Street, Ste. 1900 Philadelphia, PA 19102 (Address) 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; Guy Mercogliano, Esquire ADDRESS: 1515 Market St.3 Ste. 190 ~hiladelnhi~ PA 19102 TELEPHONE: - - SUPREME COURT ID # ATTORNEY FOR: De of ndants BY OURT: ono ry, Civil Di ision 1 Date:_~~ )~~_ ~,~ Seas of thi, Coin rt~~~ Deputy COMMONWEALTH OF PENNSITLVANIA COUNTY OF CUMBERLAND Lorraince Simpson v. File No.10-1886 Tracy Ann DiBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospi a1-Radi o7_ ogy_ D~„~,xfinent (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: A copv of anv and all records in vour possession pertaining to Lorraine Simpson, DOB: 7/18/46, including but not limited to all films, reports, bills and invoices. at Sweeney & Sheehan 1515 Market Street, Ste. 1900 Philadelphia, PA 19102 (Address) You may deliver or mail tegible 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 (24) 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: Guy Mercogliano, Esquire ADDRESS: 1515 Market St. , Ste. 1900 Philadel~hia,,_PA.19102 TELEPHONE: - SUPREME COURT ID # ATTORNEY FOR: Defen ants BY THE~OURT: P v~$~mr6~dry, Civil Di Date:~~~~~ ,2D!(~ 'Sea] of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lorraine Simpson v. File No. 10-1886 Tracy Ann DiBlasio, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: _Heri tagP Fami 1 ~i Meru c i ne (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: A conv o any aid all recor in yo_,~_pocaPC~ion pertaining to Lorraine Simpson, DOB: 7J18J46, including but not limited to medical records, progress notes, correpsondence, reports, bills and invoices. at Sweeney & Sheehan 1515 Market Street, Ste. 1900 Philadelphia, PA 19102 (Address) 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: Guy Mercogliano, Esquire ADDRESS: 1515_Market St., Ste 1900 ._.-P_hi_ 7 adP1 rh~.ia,, 1?A 1 91 ~? TELEPHONE: ~ 7~-5 _ SUPREME COURT lI~ # ATTORIv'EY FOR: i)~endants Date• f r.~Ql~_ 'Seal v. uhe Court BY THE CO T: C Pro ono ,Civil Di ion Deputy SWEENEY & SHEERAN By: Robert B. Goodyear, Esquire Identification No. 36422 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 Q?S r ditional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a//k/a Reliable Business Services LORRAINE A. SIMPSON V. USM, INC. V. TRACY ANN DeBLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DOCKET NO.: 10-1886 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services, in regard to the above- captioned matter. SWEENEY & SHEEHAN, P.C. By: R6bert B. Goodyear Attorney for Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services DATE: November 10, 2010 SWEENEY & SHEERAN By: Robert B. Goodyear, Esquire Identification No. 36422 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 Attorneys for: Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a//k/a Reliable Business Services LORRAINE A. SIMPSON V. USM, INC. V. TRACY ANN DeBLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DOCKET NO.: 10-1886 CERTIFICATION OF SERVICE I hereby certify that service of the foregoing ENTRY OF APPEARANCE ON BEHALF OFADDITIONAL DEFENDANT, TRACYANNDeBLASIO d1bla RELIABLE BUILDING SERVICES alk/a RELIABLE BUSINESS SERVICES, was made upon all interested counsel in the above matter by the United States First Class Mail on November 10, 2010. Lars J. Lederer, Esquire Christina L. Bradley, Esquire Obermeyer Rebmann Maxwell & Hippel, LLP Freeburn & Hamilton One Penn Center, 19"' Floor 4415 N. Front Street 1627 John F. Kennedy Boulevard Harrisburg, PA 17110 Philadelphia, PA 19103 ROBWf B. GOODYEAR SWEENEY & SHEEHAN BY: Robert B. Goodyear Identification No. 36422 19`h Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 TO: Plaintiff YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Attorneys for: Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a//k/a Reliable Business Services LORRAINE A. SIMPSON V. USM, INC. v. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA .3 _ ?:7t TRACY ANN DeBLASIO d/b/a; RELIABLE BUILDING SERVICES &Wa = ? RELIABLE BUSINESS SERVICES CIVIL DOCKET NO.: 10-1886 ANSWER OF ADDITIONAL DEFENDANT TO JOINDER COMPLAINT' OF USM, INC. WITH NEW MATTER y S ?T L..i a?wg _z? Additional Defendant, Tracy Ann DeBlasio, hereby responds to the Joinder Complaint of USM, Inc. and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted that Plaintiff alleges this in her Complaint. Denies that Plaintiff was injured as a result of the negligence of any Defendants in this matter and proof of Plaintiff s allegations is demanded at trial 4. Admitted that Defendant and Additional Defendants are not responsible for Plaintiff s alleged injuries. 5. Admitted that the Additional Defendant had entered into a subcontract with the original Defendants to provide certain services as indicated in that contract. 6. The allegations in this paragraph contain conclusions of law to which no response is required. To the extent that a response may be required, it is admitted only that Tracy Ann DeBlasio maintains a post office box in Enola, Pennsylvania. COUNT I - NEGLIGENCE 7. Additional Defendant, Tracy Ann DeBlasio, incorporates her responses to each and every preceding paragraph of the Joinder Complaint as if fully set forth herein. 8. To the extent that the paragraphs incorporate by reference suggest or imply negligence or carelessness on the part of Defendant or Additional Defendants, said allegations are denied and proof is demanded at trial. 9. The allegations in this paragraph contain conclusions of law to which no response is required. To the extent that a response may be required, the allegations in this paragraph are denied. To the contrary, Additional Defendant, Tracy Ann DeBlasio, did not act negligently at any relevant time. To the contrary, the Additional Defendant acted at all relevant times with due care in the circumstances. No actions and/or omissions of the Additional Defendant caused and/or contributed to injuries, if any, sustained by the Plaintiff or any other party to this matter. 10. Admitted that Defendant, USM, had a contract at all times pertinent hereto with the Additional Defendant to provide for certain services as set forth more fully in the contract document. 11. Denied that the Defendant or Additional Defendant acted negligently or carelessly at any time pertinent hereto to cause or contribute to Plaintiff's alleged injuries and damages. 12. Denied. .I WHEREFORE, the Additional Defendant, Tracy Ann DeBlasio, demands judgment in its favor and against the Plaintiff and Defendant, USM, Inc., with costs, fees and other relief as the Court deems appropriate. NEW MATTER 13. The Plaintiff s claim against the Additional Defendant in this matter is barred by the applicable Statute of Limitations. 14. Plaintiff's claims are barred by Plaintiffs contributory negligence. Said negligence includes but is not limited to: (a) failure to keep a lookout; (b) failure to travel in a safe and prudent manner; (c) failure to act in a manner so as to avoid injuries; and (d) failure to otherwise use due care under the circumstances. 15. If the Plaintiff sustained the damages which he has allged, same are caused by others over whom the Additional Defendant had no control and for whom the Additional Defendant is not responsible. 16. The Additional Defendant claims all Affirmative Defenses available under Pennsylvania law including contributory negligence and assumption of the risk of activity. WHEREFORE, the Additional Defendant demands judgment in its favor and against the Plaintiff and Defendant, USM, Inc., with costs, fees and other relief as the Court deems appropriate. SWEENEY & SHEEHAN BY RoberfB. Goodyear Attorney for Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a//k/a Reliable Business Services VERIFICATION ROBERT B. GOODYEAR, hereby verifies that he is an attorney at the law firm of Sweeney & Sheehan, P.C. that the factual statements made in the foregoing ANSWER TO THE JOINDER COMPLAINT are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A.§4904 relating to unworn falsification to authorities. Dated: November 10, 2010 T B. GOODYEAR IV SWEENEY & SHEEHAN By: Robert B. Goodyear, Esquire Identification No. 36422 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 LORRAINE A. SIMPSON V. USM, INC. V. TRACY ANN DeBLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES Attorneys for: Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a//k/a Reliable Business Services COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DOCKET NO.: 10-1886 CERTIFICATION OF SERVICE I hereby certify that service of the foregoing ANSWER OF ADDITIONAL DEFENDANT, TRACY ANN DeBLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES, TO JOINDER COMPLAINT OF USM, INC. WITH NEW MATTER, was made upon all interested counsel in the above matter by the United States First Class Mail on November 10, 2010. Lars J. Lederer, Esquire Obermeyer Rebmann Maxwell & Hippel One Penn Center, 19th Floor 1627 John F. Kennedy Boulevard Philadelphia, PA 19103 Christina L. Bradley, Esquire Freeburn & Hamilton 4415 N. Front Street Harrisburg, PA 17110 ROB T B. GOODYEAR SWEENEY & SHEEHAN By: Robert B. Goodyear, Esquire Identification No. 36422 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 LORRAINE A. SIMPSON v. USM, INC. v. TRACY ANN DeBLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES OF THEE PROTHONOTARY 2010 DEC 17 I'M 2: 09 CUMOERL AIN'O COUNTY AttoAO&VAAhitional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a//k/a Reliable Business Services COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DOCKET NO.: 10-1886 WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance on behalf of Defendant, USM, Inc. in regard to the above-captioned matter. OBERMAYER, DMANN M WELL & HIPPEL, LLP By: ars J. Lederer ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendant, USM, Inc. in regard to the above- captioned matter. SWEENEY & SHEEHAN By: Goodyear DATE: December 15, 2010 SWEENEY & SHEEHAN By: Robert B. Goodyear, Esquire Identification No. 36422 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 LORRAINE A. SIMPSON V. USM, INC. V. TRACY ANN DeBLASIO d/b/a RELIABLE 13UILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES Attorney for: Defendant, USM, Inc., and Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DOCKET NO.: 10-1886 CERTIFICATION OF SERVICE I hereby certify that service of the foregoing Withdrawal of Appearance of Lars J. Lederer, Esquire and Entry of Appearance of Robert B. Goodyear, Esquire on behalf of' Defendant, USM, Inc. was made upon all interested counsel in the above matter by the United States First Class Mail on December 15, 2010. Lars J. Lederer, Esquire Christina L. Bradley, Esquire Obermeyer Rebmann Maxwell & Hippel Freeburn & Hamilton One Penn Center, 19`h Floor 4415 N. Front Street 1627 John F. Kennedy Boulevard Harrisburg, PA 17110 Philadelphia, PA 19103 R T B. GOODYEAR SWEENEY & SHEEHAN By: Robert B. Goodyear, Esquire Identification No. 36422 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 LORRAINE A. SIMPSON V. USM, INC. V. TRACY ANN DeBLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES Attorney for: Defendant, USM, Inc., and Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DOCKET NO.: 10-1886 SUGGESTION OF BANKRUPTCY TO THE COURT: -o p w ? ?... - i..i• a =': -<> co c ° C ZO - b c) Additional Defendant, Tracy Ann DeBlasio, d/b/a Reliable Building Services, a/k/a Reliable Building Services, has filed for bankruptcy in the United States Court for the Middle District of Pennsylvania, Case No. 1:11-BK-00516-MDF. Additional Defendant requests a stay on all proceedings in this case in light of the outstanding bankruptcy matter. SWEENEY & SHEEHAN BY -- Robdit B. Goodyear Attorney for Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services SWEENEY & SHEEHAN By: Robert B. Goodyear, Esquire Identification No. 36422 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 LORRAINE A. SIMPSON V. USM, INC. V. TRACY ANN DeBLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES Attorney for: Defendant, USM, Inc., and Additional Defendant, Tracy Ann DeBlasio d/b/a Reliable Building Services a/k/a Reliable Business Services COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DOCKET NO.: 10-1886 CERTIFICATION OF SERVICE I hereby certify that service of the foregoing Suggestion of Bankruptcy on behalf of Additional Defendant, Tracy Ann DeBlasio, d/b/a Reliable Building Services, a/k/a Reliable Building Services was made upon the below listed counsel by the United States First Class Mail on March 15, 2011. Christina L. Bradley, Esquire Freeburn & Hamilton 4415 N. Front Street Harrisburg, PA 17110 ROBERT B. GOODYEAR N CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 a Ifni a IN THE MATTER OF: COURT OF COMMON PLEAS LORRAI E SIMPSON-V-USM, INC. TERM, CUMBERLAND r {'- -VS- CASE NO: 10- r' N rc.:.4 C. TRACY P.NN DEBLASIO D/B/A RELIABLE CD '7 BUILDING SERVICES, ET AL < "'C C7 -,o As a p erequisite to service of a subpoena for documents and things 'RsugAt to Rul 4009.22 ?G MCS on behalf of ROBERT GOODYEAR, ESQ. certifies that (4 DATE ( ) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2?) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (1) No objection to the subpoena has been received, and The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS o[nn? behalf of 10/2011 /S/ /?obert ood i . ROBERT GOODYEAR, ESQ. Attorney for DEFENDANT MCS # 51333-L01 DE11 I " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: SIMPSON-V-USM, INC. -VS- TRACY ?NN DEBLASIO D/B/A RELIABLE BUILDI G SERVICES, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 10-1886 THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GIANT NC WORKER COMPENSATION RECORDS COVENT Y WC SERVICES WORKER COMPENSATION RECORDS TO: CHRISTINA L. BRADLEY, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROBERT GOODYEAR, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the at ached counsel card and returning same to MCS or by contacting our local MCS of ice. DATE: 02/18/2011 CC: GOODYEAR, ESQ. - H-5255 CHRIST NA L. BRADLEY, ESQ. FREEB & HAMILTON 4415 NORTH FRONT STREET HARRIS4URG, PA 17110 MCS on behalf of ROBERT GOODYEAR, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 51333-CO1 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIMPSON-V-USK INC. vs. 'ANN DEBLASIO DB/A RELIABLE File No. 10-1886 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Within twent; documents or at of Records for GIANT INC (Name of Person or Entity) days after service of this subpoena, you are ordered by the court to produce the following ****SEE ATTACHED RIDER**** You may deli er or mail legible copies of the documents or produce things requested by this subpoena, together with the certi ate of compliance, to the party making this request at the address listed above. You have the right to seek, in adv ce, the reasonable cost of preparing the copies or producing the things sought. If you fail to p oduce the documents or things required by this subpoena within twenty (20) days after its service, the party serve g this subpoena may seek a court order compelling you to comply with it. THIS NAME: ADDRESS: SUPREME G ATTORNEY Date: WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ROBERT GOODYEAR ESQ. 1515 MARKET STREET SUITE 1900 PHILADELPHIA, PA 19102 (215) 246-0900 ?URT ID #: 'OR: Defendant BY THE COURT: M10 -2-011' Prothonotary/Clerk, Civil Division P-C/ Deputy Seal of the Court . 51333-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GIANT IN 255 CUMBERLAND PARKWAY MECHANICSBURG, PA 17055 RE: MCS # 51333-L01 L INE SIMPSON 220 SPRING RUN DRIVE MEC NICSBURG, PA 17055 Social Security #: XXX-XX-4992 Date of firth: 07-18-1946 Please provide entire workers compensation files, including but not limited to all medical records, claims, correspondence, documentation supporting plaintiff's claim, payments, including dates of payments, payee and reasons for payments. This should contain all records in your possession, all archive records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. is required for fees in excess of $150.00 for .00 for all other providers. MCS # 51333-LO1 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MA' OF: SIMPSON-V-USM, INC. COURT OF COMMON PLEAS TERM, CUMBERLAND TRACY P. BUILDIr As a pi to Rule -VS- CASE NO: 10-1886 N DEBLASIO D/B/A RELIABLE SERVICES, ET AL requisite to service of a subpoena for documents and things pursuant 4009.22 MCS on behalf of ROBERT GOODYEAR, ESQ. certifies that ( ) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (?) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (1) No objection to the subpoena has been received, and () The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/10/2011 MCS on behalf of /S/ KolerE l j?odyear, eft ROBERT GOODYEAR, ESQ. Attorney for DEFENDANT MCS # 51333-L02 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIMPSON-V-USM, INC. File No. 10-1886 VS. : 'ANN DEBLASIO DB/A RELIABLE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COVENTRY WC SERVICES (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 ings: ****SEE ATTACHED RIDER**** at The MC S Group, Inc.- 1601 Market Street- Suite 800- PhiladelpWa. PA 19103 You may deli er or mail legible copies of the documents or produce things requested by this subpoena, together with the certifi ate of compliance, to the party making this request at the address listed above. You have the right to seek, in adv ce, 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 SUBPO NA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT GOODYEAR ESQ. ADDRESS: 1515 MARKET STREET SUITE 1900 PHILADELPHIA- PA 19102 TELEPHONE (215) 246-0900 SUPREME COURT ID #: ATTORNEY OR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division 10 2011 Deputy Date: Seal of the Court 51333-02 I EXPLANATION OF REQUIRED RECORDS TO: CUST DIAN OF RECORDS FOR: COVENTRY WC SERVICES 3511 QUEEN PALM DRIVE TAMPA, L 33619 RE: MC # 51333-L02 L INE SIMPSON 22 4 SPRING RUN DRIVE ME HANICSBURG, PA 17055 Social ecurity #: XXX-XX-4992 Date of Birth: 07-18-1946 Please provide entire workers compensation files, including but not limited to all medical records, claims, correspondence, documentation support ng plaintiff's claim, payments, including dates of payments, payee and reasons for payments. This should contain all records in your possession, all archive records, or records in storage. Including any and all items as may be stored n a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 51333-L02 SU10 6 0 Christina L. Bradley, Esquire FRFEBURN & HAMILTON r Jay 0 :? 2: 4415 N. Front Street Harrisburg, PA 17110 "NL iNo CGU Z (717) 671-1955 ;4??ySYI-`ey for Plaintiffs ID No.: 89107 LOR WNE A. SIMPSON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. USM, INC. V. TRACY ANN DeBLASIO d/b/a RELIABLE BUILDING SERVICES a/k/a RELIABLE BUSINESS SERVICES CIVIL DOCKET NO.: 10-1886 ORDER TO SETTLE, DISCONTINUE AND END Kindly mark the above-captioned matter Settled, Discontinued and Ended as to all parties. FREEBURN & HAMILTON By. , Christina L. Bradley, Esqu' Attorney for Plaintiff Date: Maw- ?( 20/Z