HomeMy WebLinkAbout10-2088CINDY L. YOUNG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MONRO MUFFLER BRAKE 0'-Vil & SERVICE, NO. 10 ,9088 iar m
Defendant
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served by entering a written appearance personally or by an attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIN DOUT WHERE YOU CAN GET LEGAL HELP:
r
Cumberland County Bar Association :4
32 south Bedford Street 65
Carlisle, PA 17013
1-800-990-9108 ' 3
717-249-3166 w
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ELION, WAYNE, GRIECO, CARLUCCI,
SHIPMAN, DINQES & DINGES, P.C.
By
rt B. Elion, I.D. #21030
Attorney for Plaintiff
125 East Third Street
Williamsport, PA 17701
570-326-2443 (phone)
570-326-1585 (fax)
relion@elionwayne.com
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CINDY L. YOUNG,
Plaintiff
VS.
MONRO MUFFLER BRAKE
& SERVICE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NO.
COMPLAINT
1. Plaintiff Cindy L. Young is an adult individual residing at 345 East Crestwood Drive, Camp
Hill, Cumberland County, Pennsylvania.
2. Defendant Monro Muffler Brake & Service, upon information and belief, is a Pennsylvania
corporation with a principal place of business at 200 Holleder Parkway, Rochester, Beaver County,
Pennsylvania.
3. At all times material to this action, Defendant acted by and through its employees, servants,
and agents, who were acting within the course and scope of their employment for Defendant.
4. Defendant Monro Muffler Brake & Service offers customers a wide range of under-hood
and under-car general repair services, including wheel balance and tire rotation.
5. On May 1, 2009 at approximately 10:25 a.m., Plaintiff had her vehicle serviced at a Monro
Muffler Brake & Service station located at 1051 Market Street, Lemoyne, Cumberland County,
Pennsylvania.
6. The service performed to Plaintiff's vehicle by Defendant consisted of repair of a broken
tailpipe, wheel balance, and tire rotation.
7. Upon completion of the service to her vehicle, Plaintiff left the Monro station and was
traveling on North 12th Street in Lemoyne, Cumberland County, Pennsylvania, when all of a sudden
the front left wheel flew off the vehicle causing it to drop and ride on its running board and wheel well.
8. As a direct result of this incident, Plaintiff suffered severe sprain of her neck, including
whiplash injury.
9. As a direct result of this incident, Plaintiff required medical treatment and she may need
additional medical treatment in the future.
10. As a direct result of this incident, Plaintiff incurred medical expenses that have or may in
the future exceed sums recoverable pursuant to the Motor Vehicle Financial Responsibility Law, 75
Pa.C.S.A. §1711, et seq.
11. As a direct result of this incident, Plaintiff has incurred past and future wage loss in excess
of amounts recoverable pursuant to the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A.
§1711, et seq.
12. As a direct result of this incident, Plaintiff has or may hereafter suffer permanent disability
that will result in diminished. earnings and/or earnings capacity.
13. As a direct result of this incident, Plaintiff has endured significant physical pain and
suffering, mental anguish, anxiety, inconvenience, loss of life's pleasures, and loss of enjoyment of
life, which will continue indefinitely in the future.
COUNTI
Plaintiff Cindy L. Young v. Defendant Monro Muffler Brake & Service
(Negligence)
14. Paragraphs 1-13 above are incorporated herein by reference as if fully set forth at length.
15. At all times material to this action, Defendant Monro Muffler Brake & Service is liable
unto Plaintiff for the actions of its agents, servants, or employees as they relate to the motor vehicle
incident that is the subject of this litigation.
2
16. Defendant Monro Muffler Brake & Service, by and through the actions of its duly
authorized agents, servants, or employees, was under a duty to exercise care commensurate with the
foreseeable risk of danger created by neglecting to secure the front left wheel of Plaintiff's vehicle and
Defendant breached this duty.
17. Defendant Monro Muffler Brake & Service, by and through the actions of its agents,
servants, or employees, was otherwise negligent for the following reasons:
a) Failed to replace the bolts on the left front wheel of Plaintiff's vehicle;
b) Failed to exercise reasonable care in performing the work to Plaintiff's
vehicle;
C) Failed to provide properly trained and experienced mechanics to perform
the work to Plaintiff s vehicle.
18. Plaintiff suffered the aforementioned injuries and damages as a direct, proximate, and/or
substantial result of the negligence of Defendant by and through the actions of its agents, servants, or
employees.
WHEREFORE, Plaintiff Cindy L. Young demands judgment against Defendant Monro Muffler
Brake & Service in an amount in excess of the jurisdictional requirements for compulsory arbitration.
ELION, WAYNE, GRIECO, CARLUCCI,
SHIPMAN, DINGES & DINGES, P.C.
By.
B. Elion, I.D. #21030
Attorney for Plaintiff
125 East Third Street
Williamsport, PA 17701
570-326-2443 (phone)
570-326-1585 (fax)
relion@elionwayne.com
VERIFICATION
I verify that the facts set forth in the foregoing Complaint are true and correct. 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.
C' dy L. You g
v
Dated: ? ;?:' -?) c,' i ?)
10-4568S
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
In the Matter of:
CINDY L. YOUNG
- VS -
MONRO MUFFLER BRAKE & SERVICE
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Court of Common Pleas,';' ~ "'?
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No. 10-2088 ;~I ~ ~~
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As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22
CCLR on behalf of JAMES ROHLFING, ESQUIRE
Defendant certifies that
(1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto
was/were mailed or delivered to each party at least twenty days prior to the date on which
the subpoena(s) is/are sought to be served.
(2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the
certificate.
(3) No objection to the subpoena(s) has been received.
(4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are
attached to the notice of intent to server the subpoena(s).
DATE: 7/12/2010
MES ROHLFING, E I
Counsel for Defendant
.' Center City Legal Reproductions, Inc.
123 South Broad Street, Suite 1920, Philadelphia, PA 19109
(215)732-1177 fax (215)732-5637
- Online Services www.cclrinc.com
CINDY L. YOUNG IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
MONRO MUFFLER BRAKE $ No. 10-2088
SERVICE
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
ROBERT B. ELION, ESQUIRE
ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN &
IRWIN
125 EAST THIRD STREET
WILLIAMSTOWN, PA 17701
Please take notice there has been a request by JAMES ROHLFING, ESQUIRE, counsel
for the Defendant in the above case for production and copying of records in the
possession of (see enclosures).
These records pertain to CINDY YOUNG.
Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of
such records and also a Counsel Return Page for you to fill out and return to us stating
whether you would like to order a copy of the records and whether you have any
objections to the production and copying of such records or manner thereof. The fee per
location is enclosed on the Counsel Return Page.
The subpoena will be sent to the records custodian twenty (20) days from the date of this
notice requesting that the records be produced on or before ten (10) days thereafter
unless we hear from you to the contrary on the Counsel Return Page. If you state an
objection on the Counsel Return Page, we will proceed accordingly.
If you require assistance, please contact our office.
DATE: June 21, 2010
Enclosures : Copy (copies) of Subpoena(s)
Counsel Return Page
^ Center City Legal Reproductions, Inc.
!~~ 123 South Broad Street, Suite 1920, Philadelphia, PA 19109
^~ (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
CINDY L. YOUNG CCLR File NO. 10-4568S
vs.
MONRO MUFFLER BRAKE &
SERVICE
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 6/21/2010 regarding
records in the custody of (see attached subpoena(s)) and respond as follow:
(1) COPIES yes / no
I would like a copy of the records in question sent to me, and agree to
pay the price noted in the Notice of Records Reproduction Request.
(2) I would like copies of X-Rays sent to me. yes / no
(3) OBJECTION
In accordance to rules governing civil procedure a copy of date/time stamped
filing needs to be sent to Center City Legal Reproductions on or prior to
7112/2010. Failure to do so shall serve as an agreement that the records
reproduction service should proceed with the records collection process.
(4) I would like to look at the records at a Center City location before yeS / no
deciding whether to order a copy.
2010 Copy Fees/Per Location
Administrative Fee $17.00
Pages 1-20 $.95
Pages 21-60 $.65
Pages 61 & Above $.20
Date:
Attorney for plaintiff(s) /defendant(s)
ROBERT B. ELION, ESQUIRE
ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN &
IRWIN
125 EAST THIRD STREET
WILLIAMSTOWN, PA 17701
COMMONWEALTH OF PENNSYL ANIA
COUNTY OF CUMBERLAND
CINDY L. YOUNG
VS
MONRO MUFFLER BRAKE & SERVICE:
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: HOLY SPIRIT HOSPITAL - PERSONNEL DEPT
(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:
My and all employmenUpersonnel records, including workers' comp claims, dates of attendance, applications, performance
records, reviews, evaluations, earnings, medical reports, etc., pertaining to Cindy Young. ** Certification Page Must Be
Signed and Dated **
AT: CENTER CITY LEGAL REPRODUCTIONS, INC.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
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, it~e ~~..~~ ~ ervirig
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
123 SOUTH BROAD STREET, SUITE
PHILADELPHIA, PA 19109
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court
Prothonotary /Clerk, Civil Disposition
Deputy
(Eff.7/97)
CClMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CINDY L. YOUNG
VS
MONRO MUFFLER BRAKE & SERVICE:
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: LIBERTY MUTUAL INSURANCE COMPANY OF BODTON - DISABILITY CLIAMS
(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 Gaims records, reports, memos, documents, any written information contained in fi{e pertaining to Cindy Young. *''
Certification Page Must Be Signed and Dated **
AT: CENTER CITY LEGAL REPRODUCTIONS, INC.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
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, ts,e ~7::,~s ~ <;,.,,-_, ing
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
123 SOUTH BROAD STREET, SUITE
PHILADELPHIA, PA 19109
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court
Prothonotary /Clerk, Civil Disposition
Deputy
f Eff.7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CINDY L. YOUNG
vs
MONRO MUFFLER BRAKE & SERVICE:
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: R. CRAIG NIELSEN, M.D. - MEDICAL RECORDS DEPT
(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 medical records for the past 10 years, reports, office notes, progress reports, doctors notes, charts, summaries,
test results, lab tests, evaluations, etc., pertaining to Cindy Young. ** Certification Page Must Be Signed and Dated **
AT: CENTER CITY LEGAL REPRODUCTIONS, INC.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
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 ~ a.rs.u serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
123 SOUTH BROAD STREET, SUITE
PHILADELPHIA, PA 19109
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court
Prothonotary /Clerk, Civil Disposition
Deputy
(Eff.7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CINDY L. YOUNG
VS
MONRO MUFFLER BRAKE & SERVICE:
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: SHARON MICHAEL, M.D. -MEDICAL RECORDS DEPT
(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 medical records for the past 10 years, reports, office notes, progress reports, doctors notes, charts, summaries,
test results, lab tests, evaluations, etc., pertaining to Cindy Young.'"' Certification Page Must Be Signed and Dated ""
AT: CENTER CITY LEGAL REPRODUCTIONS, INC.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
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 servii;z, ~Su ~><+~ ~ ~; ac,, ~; yn
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
123 SOUTH BROAD STREET, SUITE
PHILADELPHIA, PA 19109
TELEPHONE: 215-732-1177
SUPREME COURT 1[D#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court
Prothonotary /Clerk, Civil Disposition
Deputy
{Iff.7/97)
CdMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CINDY L. YOUNG
VS
MONRO MUFFLER BRAKE & SERVICE:
PURSUANT TO RULE 4009.22
TO: WILLIAMSPORT HOSPITAL - MEDICAL RECORDS DEPT
(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 medical records for the past 70 years, reports, office notes, progress reports, doctors notes, charts, summaries,
test results, lab tests, evaluations, etc., pertaining to Cindy Young.'* Certification Page Must Be Signed and Dated **
AT: CENTER CITY LEGAL REPRODUCTIONS, INC.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
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, it c' irar-~~ e~vin~
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
123 SOUTH BROAD STREET, SUITE
PHILADELPHIA, PA 19109
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court
Prothonotary /Clerk, Civil Disposition
Deputy
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
(Eff.7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
..
CINDY L. YOUNG
VS
MONRO MUFFLER BRAKE & SERVICE:
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: WILLIAMSPORT HOSPITAL - RADIOLOGY FILE ROOM
(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 radiology reports for the past 10 years, pertaining to Cindy Young. "' Certification Page Must Be Signed and
Dated •*
AT: CENTER CITY LEGAL REPRODUCTIONS, INC.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
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
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
123 SOUTH BROAD STREET, SUTTE
PHILADELPHIA, PA 19109
TELEPHONE: 215-732-1177
SUPREME COURT liD#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
__.
ea o the Court Prothonotary /Clerk, Civil Disposition
Deputy __._
CINDY L. YOUNG,
Plaintiff
vs.
MONRO MUFFLER BRAKE
& SERVICE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVII, AC?'ION -LAW
JURY TRH. ~ DEMANDED
NO. ? 0-20$fi Civil Term
STIPULATION
AND NOW comes the Defendant, by and through its attorney, James Bradley, Esquire, and
hereby stipulates that it was negligent in performing the repairs to Plaintiff s vehicle on May 1, 2009
and its negligence resulted in the incident which is the subject of this lawsuit.
WILLIAM J. FERREN & ASSOCIATES
Dated: /~
1500 Market Street
West Tower, Suite 2920
Philadelphia PA 19102
267-6~5-3017
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10-7764S
CERTIFICATE C-)
PREREQUISITE TO SERVICE OF A SUBPOENA c
PURSUANT TO RULE 4009.22
In the Matter of:
CINDY L. YOUNG
- VS
MONRO MUFFLER BRAKE & SERVICE
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Court of Common Pleasy.
Cumberland County
No. 10-2088
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As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22
CCLR on behalf of JAMES ROHLFING, ESQUIRE
Defendant certifies that
(1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto
was/were mailed or delivered to each party at least twenty days prior to the date on which
the subpoena(s) is/are sought to be served.
(2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the
certificate.
(3) No objection to the subpoena(s) has been received.
(4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are
attached to the notice of intent to server the subpoena(s).
DATE: 12/8/2010 -AAM
IN
Counsel for Defendant
Allibb Center City Legal Reproductions, Inc.
CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109
0 (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
CINDY L. YOUNG IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
MONRO MUFFLER BRAKE & No. 10-2088
SERVICE
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
ROBERT B. ELION, ESQUIRE
ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN &
IRWIN
125 EAST THIRD STREET
WILLIAMSTOWN, PA 17701
Please take notice there has been a request by JAMES ROHLFING, ESQUIRE, counsel
for the Defendant in the above case for production and copying of records in the
possession of (see enclosures).
These records pertain to CINDY L. YOUNG.
Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of
such records and also a Counsel Return Page for you to fill out and return to us stating
whether you would like to order a copy of the records and whether you have any
objections to the production and copying of such records or manner thereof. The fee per
location is enclosed on the Counsel Return Page.
The subpoena will be sent to the records custodian twenty (20) days from the date of this
notice requesting that the records be produced on or before ten (10) days thereafter
unless we hear from you to the contrary on the Counsel Return Page. If you state an
objection on the Counsel Return Page, we will proceed accordingly.
If you require assistance, please contact our office.
DATE: November 17, 2010
Enclosures : Copy (copies) of Subpoena(s)
Counsel Return Page
`¦ Center City Legal Reproductions, Inc.
CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109
(215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com.
CINDY L. YOUNG CCLR File NO. 10-7764S
vs.
MONRO MUFFLER BRAKE &
SERVICE
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 11/17/2010 regarding
records in the custody of (see attached subpoena(s)) and respond as follow:
(1) COPIES yes / no
I would like a copy of the records in question sent to me, and agree to
pay the price noted in the Notice of Records Reproduction Request.
(2) 1 would like copies of X-Rays sent to me.
yes / no
(3) OBJECTION
In accordance to rules governing civil procedure a copy of date/time stamped
filing needs to be sent to Center City Legal Reproductions prior to 12/8/2010.
Failure to do so shall serve as an agreement that the records reproduction
service should proceed with the records collection process.
(4) 1 would like to look at the records at a Center City location before yes / no
deciding whether to order a copy.
2010 Copy Fees/Per Location
Administrative Fee $17.00
Pages 1-20 $.95
Pages 21-60 $.65
Pages 61 & Above $.20
Date:
Attorney for plaintiff(s) / defendant(s)
ROBERT B. ELION, ESQUIRE
ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN &
IRWIN
125 EAST THIRD STREET
WILLIAMSTOWN, PA 17701
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CINDY L. YOUNG
VS,
MONRO MUFFLER BRAKE & SERVICE
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: HOLY SPIRIT HEALTH SYSTEM-HOLY SPIRIT HOSPITAL - PERSONNEL DEPT
(Name of Person or Entity) ? 4
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 employment/personnel records, including workers' comp claims, dates of attendance, applications,
performance records, reviews, evaluations, earnings, medical reports, etc., pertaining to Cindy L. Young.
AT: CENTER CITY LEGAL REPRODUCTIONS, INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
compliance, to the party making this request at the address listed above. You have the :right to seek in advance the reasonableedstof
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
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
123 SOUTH BROAD STREET, SUITE
PHILADELPHIA, PA 19109
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT ?t.
BY THE COURT:
il Iv!
DATE:
Seal of the Court Prothonotary!Clerk, Civil Disposition
Deputy
(Eff.7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CINDY L. YOUNG
VS,
MONRO MUFFLER BRAKE & SERVICE
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: SOCIAL SECURITY ADMINISTRATION - DISABILITY DEPT (MIDATL)
(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 records, including claim for Social Security Disability Benefits under Claim Number 179-52-5226HA,
reports, documents, any written information pertaining to Cindy L. Young.
AT: CENTER CITY LEGAL REPRODUCTIONS, INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
compliance; to the party making this request at the address listed above. You have the right to seek in advance the reasonable'eo`s rof
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
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
123 SOUTH BROAD STREET, SUITE
PHILADELPHIA, PA 19109
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
DATE:
Seal of the Court
BY THE COURT:
Prothonotary /Clerk, Civil Disposition
Deputy
(Eff.7/97)
11-6771 R/S
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22 ? m
In the Matter of:
CINDY L. YOUNG
_VS -
MONRO MUFFLER BRAKE & SERVICE
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Court of Common PleaWc
Cumberland County
No. 10-2088
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As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22
CCLR on behalf of JAMES ROHLFING, ESQUIRE
Defendant certifies that
(1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto
was/were mailed or delivered to each party at least twenty days prior to the date on which
the subpoena(s) is/are sought to be served.
(2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the
certificate.
(3) No objection to the subpoena(s) has been received.
(4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are
attached to the notice of intent to serve the subpoena(s).
DATE: 9/22/2011
4MES 201-11-FIN %,E UIRE
Counsel for Defendant
millib"¦ Center City Legal Reproductions, Inc.
CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
¦_ (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
CINDY L. YOUNG IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
MONRO MUFFLER BRAKE & No. 10-2088
SERVICE
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
ROBERT B. ELION, ESQUIRE
ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN &
IRWIN
125 EAST THIRD STREET
WILLIAMSTOWN, PA 17701
Please take notice there has been a request by JAMES ROHLFING, ESQUIRE, counsel
for the Defendant in the above case for production and copying of records in the
possession of (see enclosures).
These records pertain to CINDY YOUNG.
Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of
such records and also a Counsel Return Page for you to fill out and return to us stating
whether you would like to order a copy of the records and whether you have any
objections to the production and copying of such records or manner thereof. The fee per
location is enclosed on the Counsel Return Page.
The subpoena will be sent to the records custodian twenty (20) days from the date of this
notice requesting that the records be produced on or before ten (10) days thereafter
unless we hear from you to the contrary on the Counsel Return Page. If you state an
objection on the Counsel Return Page, we will proceed accordingly.
If you require assistance, please contact our office.
DATE: September 1, 2011
Enclosures : Copy (copies) of Subpoena(s)
Counsel Return Page
idilkh Center City Legal Reproductions, Inc.
CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
¦_ (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
CINDY L. YOUNG
vs.
MONRO MUFFLER BRAKE &
SERVICE
CCLR File NO. 11-6771R/S
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 9/1/2011 regarding
records in the custody of (see attached subpoena(s)) and respond as follow:
(1) COPIES yes / no
I would like a copy of the records in question sent to me, and agree to
pay the price noted in the Notice of Records Reproduction Request.
(2) 1 would like copies of X-Rays sent to me. yes / no
(3) OBJECTION
In accordance to rules governing civil procedure a copy of date/time stamped
filing needs to be sent to Center City Legal Reproductions prior to 9/22/2011.
Failure to do so shall serve as an agreement that the records reproduction
service should proceed with the records collection process.
(4) 1 would like to look at the records at a Center City location before yes / no
deciding whether to order a copy.
2011 Copy Fees/Per Location
Administrative Fee $17.00
Pages 1-20 $.95
Pages 21-60 $.65
Pages 61 & Above $.20
Date:
Attorney for plaintiff(s) / defendant(s)
ROBERT B. ELION, ESQUIRE
ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN &
IRWIN
125 EAST THIRD STREET
WILLIAMSTOWN, PA 17701
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CINDY L. YOUNG
VS
MONRO MUFFLER BRAKE & SERVICE
PURSUANT TO RULE 4009.22
TO: DR. JAY J. CHO - C/O REHAB MEDICINE ASSOCIATES, P.C.
(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 medical records, billing records and films, reports, office notes, progress reports, doctors notes, charts,
summaries, test results, lab tests, evaluations, etc., pertaining to Cindy Young.
AT: CENTER CITY LEGAL REPRODUCTIONS, INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
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
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
1315 WALNUT STREET, SUITE 601
PHILADELPHIA, PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
File No. 10-2088
BY THE COURT:
DATE
Seal of the Court
Prothonotary /Clerk, Civil Disposition
Deputy
(Eff.7/97)
COMMONWEALTH OF PF-N'NSYLVANIA
COUNTY OF CUMBERLMN-D
CINDY L. YOUNG
VS
MONRO MUFFLER BRAKE $ SERVICE
File No. 10-2088
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: HOLY SPIRIT HOSPITAL AND HEALTH SYSTEMS - PERSONNEL DEPT.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follownig documents or things
Any and all employment/personnel records, workers' comp claims, dates of attendance, applications, performance records,
disciplinary records, reviews, evaluations, earnings, medical reports, etc., pertaining to Cindy Young.
AT: CENTER CITY LEGAL REPRODUCTIONS, INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
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
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES ROHLFING, ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC.
1315 WALNUT STREET, SUITE 601
PHILADELPHIA, PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
DATE:
Seal of the Court
BY THE COURT:
Prothonotary /Clerk, Civil Disposition
Deputy
(Ef.7/97)
Cl*/r
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in triplicate)
Of F1 C;z'
C i t iE PRO TH
ONG TAR
M1211AR 20 PM 1:36
TO THE PROTHONOTARY OF CUMBERLAND COUNTY "UMIERLAND COUNTY
Please list the following case: PENNSYLVANIA
Q for JURY trial at the next term of civil court.
? for trial without a jury.
---------------------------------------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
CINDY L. YOUNG
(Plaintiff)
vs.
MONRO MUFFLER BRAKE & SERVICE
(Defendant)
vs.
?x Civil Action - Law
? Appeal from arbitration
(other)
The trial list will be called on
and ??-A.C a(0 gol
Trials commence on
Pretrials will be held on
(Briefs are due 5 days before pretrial
No. 10-2088
Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
Robert B. Elion, attorney for Plaintiff
Indicate trial counsel for other parties if known:
James H. Rohlfing, attorney for Defendant
This case is ready for trial.
Date: 3/13/12
F ?v ? II
Print Name: Robert B. Elion
Signed:
Attorney for: Plaintiff
Qm? a9ol• 7Sp1 a.4?
Ckd 1375
R-4-P 7PU Ys
CERTIFICATE OF SERVICE
I, ROBERT B. ELION, hereby certify that I have served the foregoing Praecipe for Listing
Case for Trial on the following by placing same in the U.S. Mail, postage prepaid, this 15 day of
2012:
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market Street
West Tower, Suite 2920
Philadelphia PA 19102
ELION, WAYNE, GRIECO, CARLUCCI,
SHIPMAN, DINrES & DINGES, P.C.
By/ W
. Elion, I.D. #21030
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_ } 11 y 1 ?jr ?.xa? ? I0xd
IN THE COURT OF COMMON PLEAS OF F01 ?1@
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
CIVIL TRIAL DIVISION
CINDY L. YOUNG
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
MONRO MUFFLER BRAKE & SERVICE : NO.: 10-2088
DEFENDANT, MONRO MUFFLER BRAKE & SERVICE'S
MOTION FOR CONTINUANCE OF TRIAL
AND NOW, comes the Defendant, Monro Muffler Brake & Service, and prays that
this Honorable Court make an appropriate Order for Continuance of Trial in the matter of
Cindy L. Young v. Monro Muffler Brake & Service, Court of Common Pleas of
Cumberland County, docket #10-2088.
On or about March 18, 2010, Plaintiff, Cindy L. Young filed a Civil Action
Complaint in negligence against Defendant, Monro Muffler Brake & Service.
2. On or about April 16, 2010, James H. Rohlfing, Esquire and James P.
Bradley, Esquire filed with this Court an Entry of Appearance on behalf of Defendant.
3. All parties involved in this matter are in agreement with this request for
continuance of the trial currently scheduled to take place on July 23, 2012.
4. Counsel for defendant, James H. Rohlfing, Esquire respectfully requests the
trial of this instant matter be continued due to him being scheduled to take the New Jersey
Bar Exam in July, 2012.
Counsel for plaintiff, Robert B. Elion, Esquire is unopposed as he is
currently attending to other important family matters.
6. There have been no other rulings issued by a Judge regarding any other
issues in this matter or related matter.
7. This is the first request for continuance by either party.
WHEREFORE, Defendant, Monro Muffler Brake & Service, asks the Court to
enter an Order continuing the trial in the matter of Cindy L. Young v. Monro Muffler Brake
& Service, Court of Common Pleas of Cumberland County; Docket #10-2088 from July
23, 2012 until the next call of the trial list which is August 21, 2012 with Pre-trials to be
held on September 5, 2012 and trials commencing on September 17, 2012.
WILLIAM J. FERREN & ASSOCIATES ZA?
BY:
.C, SQUIRE
JA S V6ftffLFIN
WILLIAM J. FERREN & ASSOCIATES
IDENTIFICATION NO. 59094
1500 MARKET STREET - SUITE 2920
PHILADELPHIA, PA 19102-2100
(267) 675-3019
CERTIFICATE OF SERVICE
I, JAMES H. ROHLFING, ESQUIRE, hereby certify that Defendant, Monro
Muffler Brake & Service's Motion for Continuance was served via United States first class
mail upon the following counsel:
Robert B. Elion, Esquire
Elion, Wayne, Grieco, et al.
125 East Third Street
Williamsport, PA 17701
WILLIAM J. FERREN & ASSOCIATES
BY:
l J ES G, ESQUIRE
DATED: j?2? 1 20( ?'
VERIFICATION
I, JAMES H. ROHLFING, ESQUIRE, verify that the statements made in the
foregoing Defendant, Monro Muffler Brake & Service's Motion for Continuance, are true
and correct to the best of my knowledge, information and belief. I further verify that I am
authorized to take this Verification on behalf of the Defendants in the capacity of
Defendant's attorney. I understand that false statements herein made are subject to the
penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities.
Date: off/ O`
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL, TRIAL DIVISION
CINDY L. YOUNG
V.
MONRO MUFFLER BRAKE & SERVICE
COURT OF COMMCRjj-,LE`4?3'
CUMBERLAND COZY EZ
cn r" ra
r- ?-
NO.: 10-2088
PROPOSED ORDER _
AIN
AND NOW, this 15 day of A t y , 2012, it is hereby
ORDERED AND DECREED that Defendant, Monro Muffler Brake & Service's
_
F1, i
Motion is GRANTED and that the trial of the matter of Cindy L. Young v. Monro Muffler
Brake & Service, Court of Common Pleas of Cumberland County, docket #10-2088 is
CONTINUED from July 23, 2012 until the next call of the trial list which is August 21,
2012 with Pre-trials to be held on September 5, 2012 and trials commencing on
September 17, 2012. The attorneys of record relating to the above-captioned matter are
as follows:
? Robert B. Elion, Esquire
Elion, Wayne, Grieco, et al
125 East Third Street
Williamsport, PA 17701
Attorney for Plaintiff
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market Street, Ste. 2920
Philadelphia, PA 19102
Attorney for Defendant
BY THE COURT:
\:!, J.
6pK ,0 X
CINDY L. YOUNG, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
MONRO MUFFLER BRAKE & SERVICE:
DEFENDANT NO. 10-2088 CIVIL
IN RE: PRE-TRIAL CONFERENCE
ORDER OF COURT
AND NOW, this 5~' day of September, 2012, after pre-trial conference with
counsel in this matter,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Trial counsel in this matter will be Robert B. Elion, Esquire for Plaintiff and
James Rohlfing, Esquire for Defendant.
2. The parties have indicated that there may be objections contained in certain
video depositions which may have to be addressed pretrial.
3. There is no judicial conflict in this case.
4. Counsel has indicated that the trial will take approximately 3 days.
5. By agreement of the parties, jurors will not be permitted to take notes.
6. Each party will be granted four peremptory challenges.
7. There is no need for a view in this matter.
8. The parties shall prepare an exhibit list. Two copies of this exhibit list shall be
provided to the Court on or before 12:00 p.m. on Friday, September 14, 2012. All visual
aids used in the case shall be disclosed to the opposing party.
9. Counsel for each party is directed to file with the Court on or before 12:00
p.m. on Friday, September 14, 2012, a list for proposed voir dire questions.
10. Counsel for each party is directed to file with the Court on or before 12:00
p.m. on Friday, September 14, 2012, a list of the numbered standard jury instructions
the party is requesting. If a party is proposing a unique jury instruction or requesting
significant modification of a standard instruction, it shall provide the full text of the
proposed instruction to the Court.
11. On or before 12:00 p.m. on Friday, September 14, 2012, the parties will
provide a proposed verdict slip to the Court for review.
By the Court,
Robert Elion, Esquire
Attorney for Plaintiff
v James Rohlfing, Esquire
Attorney for Defendant
Court Administrator ' ~A S 1~
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