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HomeMy WebLinkAbout01-0979DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 X WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 GEORGE F. DOUGLAS, IH, ESQ. Supreme Court I.D.# 61886 SALLY M. CLITES P.O. Box 37 Elliotsburg, PA 17024 vs WAL-MART STORES, INC. c/o Corporation Services Co. 2704 Commerce Drive ~ Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS CF CUMBERLAND COUNTY PENNSYLVANIA 2001 97? CIVIL TEF~I CIVIL Ac'noN LAW To: Curtis R. Long, Prothonotary PRAECIPE Please issue a writ of summons in a civil action against the within-named Defendant. Date: February 20, 2001 DOU?LAS, DOL~kAS & Attorney for the Plaintif: ~UGLAS Commonwealth of Pennsylvania County of Cumberland Sally M. Clites P. O. Box 37 Elliotsburg, Pa. 17024 v~ Wal-Mart Stores, Inc. c/o Corporation Services Co. 2704 Cc~nerce Drive Harrisburg, Pa. 17110 Court of Conu'no~1 Ple~ ~o, ~!:P3~_~__~- ............... x~ .... In Civil Action Law Wal-Mart Stores, Inc. You are hereby notified that . _ .M~.lAy_ _M~ _ .Cl. i t-~.~ ............................................................................. the Plaintiff has commenced an act{on in ___Ciu.i.~L_Law- .......................................... agsJnst you which you are required to defend or a default judgment may be entered ag'~nst you. (SEAL) Date - - _F_ ~D~D~VX_ _2Q .............. ~ _ 22101 Prothonotary Deputy McDONNELL & ASSOCIATI~$ BY: Daryl W. Winston, Esquire Attorney I.D. No. 66242 BY: PatrickJ. McDonnell, Esqmre Attorney I.D. No. 62310 Two Penn Center Plaza Suite 910 philadelphia, PA 19102 (215) 636-4482 ATTORNEYS FOR DEFENDANT WAL-MART STORES, INC., c/o Corporation Services Co. SALLY M. CLITES VS. WAL-MART STORES, INC., c/o Corporation Services Co. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL AC lION -LAW NO. 01-979 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR RIII.E TO FILE COMPLAINT TOTHEPROTHONOTARY: Please enter a Rule upon plaintiff to file a Complaint within twenty (~o) days hereof or suffer the entry of aJudgment of Non Pros. BY McDONNELL & ASSOCIATES Daryl W. Winston, Esquire PamckJ. McDonnell, Esquire Attorneys for Defendants Wal-Mart Stores, Inc., c/o Corporation Services Co. McDOI~4-NELL & ASSOCIATES BY: PatrickJ. McDonnell, Esquire Attorney I.D. No. 62310 BY: Daryl W. Winston, Esquire Attorney I.D. No. 66242 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215) 636-4482 ATTORNEYS FOR DEFENDANTS, WAL-MART STORES, INC., c/o Corporation Services Co. SALLY M. CLITES WAL-MART STORES, INC., c/o Corporation Services Co. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 01-979 CIVIL TERM JURY TRIAL DEMANDED gl II.E TO FILE COMPLAINT AND NOW, this /.~3bQday of f~ fl-C~. ,2001, a Rule is hereby granted upon plaintiff to file a Complaint herein within twenty {=o) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY McDOlq~4ELL &/kSSOCI/kTES BY: Daryl W. Winston, Esquire Attorney I.D. No. 66242 BY: PatrickJ. McDonnell, Esquire Attorney I.D. No. 62310 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215) 636-4482 ATTORNEYS FOR DEFENDANT WAL-MART STORES, INC., c/o Corporation Services Co. SALLY M. CLiTES VS. WAL-MART STORES, INC., c/o Corporation Services Co. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 01-979 CIVIL TERM JURY TRIAL DEMANDED EI~ITRY OF APPEA. RANCE TO THE PROTHONOTARY: Kindly enter our appearances on behalf of defendants, WabMart Stores, Inc., c/o Corporation Services, Inc. in connection with the above-referenced matter. By: _ McDONNELL & ASSOCIATES baryl W. Winston, Esquire Patrick ]. McDonnell, Esquire Attorneys for Defendants, Wal-Mart Stores, Inc., c/o Corporation Services Co. DATED: March 7, 2001 CERTIFICATE OF SERVICE DARYL W. WINSTON, ESQUIRE hereby certifies that a true and correct copy of the Entry of Appearance was served by United States first class mail, postage prepaid on March 7, 2001, to the counsel below named: William P. Douglas, Esquire DOLIGLAS, DOUGLAS ~z DOUGLAS 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 McDONNELL & ASSOCIATES BY: DARYL W. WINSTON, ESQUIRE WILLIAM p. DOUGLAS, ESQ. SUPREME COURT 1.D.#37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 .... Sally M. Clites VS PLAINTIFF In the Court of Common Pleas of Cumberland County, Pennsylvania Wal~Mart Stores, Inc. No. 01 - 979 Civil Term DEFENDANT i Civil Action ~ Law .................... J Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWLNG PAGES, YOU MUST TAKE ACTION WITHIN TWENTY 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 CLAI YOU ARE WARNED THAT I _ MS SET FORTH AGAINST y~)Ou[~ F YOU FAIL TO DO SO, THE CASE MAY PROCEED WITH YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE "'~ ........ WITHOUT ~-u~vu-L~lN 1 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Square Carlisle PA 17013 717-249-3166 DATE: Complaint 1. The plaintiff, Sally M. Clites, is an adult individual residing in Spring Township, Perry County, Pennsylvania, with a mailing address of POB 37, Elliotsburg, Pa., 17024. 2. The defendant, Wal-Mart Stores, Inc., is a corporation, licensed to do business in the Commonwealth of Pennsylvania, with a service address located at c/o Corporation Services Co., 2704 Commerce Drive, Harrisburg, Dauphin County, Pennsylvania. 3. On or about July 6~, 1999, the defendant was in the business of operating a retail store in Silver Spring Township, Cumberland County, Pennsylvania. 4. On the aforesaid date, the plaintiff entered the business of the defendant for the purpose of making a purchase during regular business hours. 5. While she was inside the store, she was struck by a row of carts being pushed into the store by an employee of the defendant working within the scope of his employment. 6. The employee in question failed to see if it was safe to push the carts into the store before doing so. 7. As a direct and proximate result of being struck by the carts, the plaintiff suffered injury to her right knee/leg. 8. The system the defendant used to return carts to the store was a dangerous condition, which should have been easily discovered upon inspection. 9. The defendant was negligent in the following respects: a. In creating a dangerous condition. b. In failing to warn the plaintiff of the dangerous condition. c. In allowing said dangerous condition to continue to exist when they knew of the same. do so d. In pushing the carts into the store without ascertaining if it was safe to e. In striking the plaintiff with the carts. 10. As a result of the negligence of the defendant, the plaintiff was injured. Her injuries include, but are not limited to, the following: a. bruising and injury to her right leg. b. injury to her right knee. c. acute sprain and injury of the lumbar spine. d. possible aggravation of a pre-existing condition. 11. As a result of her injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future. 12. As a result of her iniuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 13. As a result of her injuries, the plaintiff has incurred aggravation and inconvenience, and a loss of life's pleasures, and may continue to incur the same in the future. 14. As a result of the injuries the plaintiff sustained on the aforesaid date, she has had to miss work to attend medical examinations and her economic horizons may be limited. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff and against the defendant in and amount in excess of that requiring compulsory referral to arbitration. The amount in controversy is less than $75,000.00. Respectfully submitted, AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. § 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Sally M. Clites - - McDONNELL & ASSOCIATES BY: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215)636-3984 TO THE PLAINTIFF HEREIN: YOU ARE HEREBY NOTIFIED TO ANSWER THE ENCLOSED NEW MATTER WITHIN THIRTY (30) DAYS OF SERVICE HEREOF Attorney for Defendant, Wal-Mart Stores, Inc. SALLY M. CLITES VS. WAL-MART STORES, INC., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 01-979 CIVIL TERM JURY TRIAL DElVlJkNDED DEFENDAN'£~S AlqSWER TO pL?klNTIFF'S COMPLAINT WITH NEW M)k'I'I'~ER Defendant, Wal-Mart Stores, Inc. ("Wal-Mart") (hereinafter ~Answering Defendant") by and through irs attorneys, McDonnell & Associates, answers Plaintiff's Complaint and avers New Matter as follows: 1. Denied. Alter reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments. 2. Admitted. 3. Admitted. 4-7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments. 8-14. Denied. WHEREFORE, Answering Defendant demands judgment in its favor and request that plaintiff's Complaint be dismissed. 15. On or about July 6,1999, Answering Defendant was operating the above- referenced premises in accordance with the standard of care owed to plaintiff, Sally M. Clites and others similarly situated. 16. On or about July 6,1999, Answering Defendant had no notice of any alleged defective conditions upon its premises. 17. The plaintiff's claims are barred because Sally M. Clltes was injured as a result of a known risk which she assumed. 18. Plaintiff's claims are barred by reason of Sally M. Clites's own contributory negligence, or alternatively reduced by the percentage of her own comparative negligence. 19. Plaintiff's claims are barred because Sally M. Clites's failed to mitigate her damages. 20. Plaintiff's injuries are due solely to the negligence of Sally M. Clltes, or the negligence of a third party over which Wal-Mart had no control. 21. Plaintiff's injuries are due solely to the intervening or supervening negligence of plaintiff, Sally M. Clites or other causes. 22. Plaintiff's claims are barred by the doctrines of waiver and estoppel. 23. Plaintiff's claims are barred by the applicable statute of limitations. 24. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. -2- WHEREFORE, Answering Defendant demands judgment in its favor and request that plaintiff's Complaint be dismissed. BY: McDONNELL & ASSOCIATES pATRICK J .,'fVlcDOqqI~IELL, ES QU IRE Attorney for Answering Defendant, Wal-Mart Stores, Inc. DATED: April 27, 2001 -3- VERIFICATION I, PATRICKJ. McDONNELL, ESQUIRE, am an attorney at law who represents Wal-Mart Stores, Inc. in this matter and make this Verification pursuant to Rule 1024(c)(2) that Answering Defendant is out of the jurisdiction of the Court and the Verification of the Answer with New Matter cannot be obtained within the time allowed for filing the within Answer. PA'~-RI~K J. Mcl)~NNE~-L, ESQUIRE / DATED: April 27, 2001 CERTIFICATE OF SERVICE I, PATRICKJ. McDONNELL, ESQUIRE hereby certifies that a true and correct copy of Answering Defendant's, Wal-Mart Stores, Inc. Answer to Plaintiff's Complaint with New Matter was served by United States first class mail, postage prepaid on April _ ,2001 to the counsel below named: DOLIGLAS, DOLIGLA. S & DOUGLA. S William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 McDONNELL 8r ASSOCIATES SALLY M. CLITES V. WAL-MART STORES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CML ACTION - LAW NO. 01-979 CML TERM JURY TRIAL DEMANDED REPLY TO NEW MATTER 15.-24. Denied as legal conclusions to which no response is necessary. In the event a response is deemed necessary, they are denied pursuant to Pa.R.C.P. 1029(e). Dated: WHEREFORE, it is prayed the new matter of the Defendant be dismissed. DOUGLAS, DOUGLAS & DOUGLAS William P. Douglas ~ W"ITTEN RESPONSE TO THE ENCLOSED DOUGLAS, DOUGLAS & DOUGLAS COMMONWEALTI 1 OF PENNSYLVANIA COUNTY OF CUMBERLAND ATTORNEY SS. VERIFICATION [ x erify that the statements made in the foregoing document are true and correct, to the' be,'st of my knowledge, information, and belief. I understand that fa!sc :;tatement:; hm'ein made ar,e s',~bject to the pt*ovi~kms of 18 Pa. C.S A ~ 4904 relating to unsworn falsification to authorities. Date Sally M. Clites CERTIFICATE pREREQUISItE TO SERVICE 0P A SUBPOENA pURSUANT TO ~ULE &009.22 IN THE MATTER OF: sALLY M. CLITES -VS- WAL-MART STORES, INC. COURT OF cOMMON PLEAS TERM, CASE NO: 01-979 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PATRICK MCDONNELL, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:_07fl7/2001 on if ~ATRICK MCDONNELL Attorney for DEFENDANT DEll-265818 64465--L01 COi~IO[~r~ALTH OF PENNSYLVANIA coUNTY OF CUlvIBERL~/~D IN THE MATTER OF: SALLY M. CLITES COURT OF C0~40N PLEAS TE~4, CASE NO: 01-979 -VS- WAL-MART STORES, INC. NO~ICE OF IN'~EI~__?O_S_E_R_~V~.. A .SUBPOEliA ~ PRODUCE____D~C..U~ENTS AND~ THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MCCALL, BANOGON & ~A~N ASSOC. CARLISLE HOSPITAL CARLISLE HOSPITAL CARLISLE IMAGING ASSOC. PE~L~Y H~TH CENTER DR. DAVID MEDICAL, BILLING, AND X-RAY(S) MEDICAL A~D HOSPITAL BILL ~ X-rAY O~LY ~DICAL, BILLINg, AND X-EAY(S) MEDICAL, BILLING, AND X-EAY(S) INSURANCE HEDICAL, BILLING, AND X-RAY(S) TO: WILLIAM P- DOUGLAS, ESQUIRE MCS on behalf of PATRICK MCDO---~!!a~I'I'~ ESqUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belov in ~nich to file of record and serve upon the undersiEned 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. Cmaplete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same toM CS or by contacting our local MCS office. DATE: o612512001 CC: PATRICK MCDONI~.I., ESQUIRE - H-249 MCS on behalf of pATRICK MCDONI~-LL, ESqUIRE Attorney for D~DANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-156922 64465--C01 COMMONWEALTH OF PENNSYLVANIA COUN'I-Y OF CUMBERLA-ND, S~LY M. CLITES VS WAL-MART STORES, INC. File No. 01-979 TO: SUBPOENA TO PRODUCE Do~-rs OR THINGS FOR DISCOVERY PURSUA_N'T TO RULE 4009~'' <IISTODIAN OF RECORDS FOR: MCCALL{BANOGON,HAWN & ASSOCIATES (N&me of Per,on or Within rwe..~3..' (20) days a~'ter service of rKis subpoena,you ~e ~der~ ~ ~e ~u~ to produce the following documents or SEE ATTACH~ ~ thin~: ~ 1 MARKET ST. #800 PRILA. ,PA 19103 You ma',* dei.h'e~ or mail legible copie~ of the documents or produce tl'~ ~'~lae~ted by this subpoena, together with the certificate ~.' compliance, to the pageT, m,%k~n$ th~s request at the addre~ l~ted above. You ~ve the ri~ht to seek. in advice, the ~uonable co~t o{ prep~n~ the copi~ or producin~ the t~n~ m~t. If you f~l to ~o~uce the d~umentl or t~n~ required by tM~ sub~ ~tF~ ~en~ {~1 ~ays ~tet its sec'ice, he p~ se~'in~ ems s~b~ena may s~k a co~ order compellin~ you ~o comply ~th ~. THIS SL'~POENA WAS ISSUED AT 'rile REQUT~-~T OF TI-rE r-OLLOWING PERSON: NAMI:. PATRICK J. MCDONNELL, ES0. ADDRESS: TWO PENN CENTER PLAZA, STE 910 PHILA. PA 19102 TELEPHONE: ? 1 5-7 A c-,-nonn SUPREME COb'RT lO #: A'rTo KNE'Y r-OR: n~.VRNn~NT Seal of the Court <£ff 7/9,'3 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MCCALL, BANOGON & HAWN ASSOC. 1790 OLD TRAIL RD. fib ETYERS, PA 17319 RE: 64465 SALLY M. CLITES ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: SALLY M. CLITES P.O. BOX 37, ELLIOTrSBURG, PA 17024 Sodal Security #: 184-36-6547 Date of Birth: 02-03-1947 SU10-312510 64465--L01 CERTIFICATE pREI~EQU~SITE TO SER.V~CE 0F A SUBPOENA PURSUANT TO RULE &009.22 IN THE MATTER OF: SALLY M. CLITES -VS- WAL-MART STORES, INC. COURT OF C0~,940N PLEAS TERM, CASE NO: 01-979 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PATRICK MCDONNELL, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/17/2001 MCS on behalf of PATRICK MCDONNELL, ESQUIRE Attorney for DEFENDANT DEll-265819 6 4 4 65--L02 COiVSvlON--v;E~A3_,TH OF PENNSYLVANIA coUNTY OF CI31vlBEEL~kI~D IN THE MATTEH OF: SALLY M. CLITES COURT OF C0~940N PLEAS TERM, CASE NO: 01-979 oVS- WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE i% SUBPOENA TO PRODUCE DOCUMENTS AND T~INGS FOR DISCOVERY PURSUANT TO~-21 MCCALL, BA~OGON & MAWN ASSOC. CA~LISLE HOSPITAL CARLISLE HOSPITAL CA~LISLE IHAGIN~ ASSOC. pERRY la~ALTH CKNT~-~ DB.. DAVID BAtu~,. HEDICAL, BILLING, AND X-eAY(S) HEDICAL AND HOSPITAL BILL ~ X-rAY ONLY M~DICAt, BILLING, A~D X-BY(S) HEDICAn, BILLING, AND X-EAY(S) INSURANCE MEDICAL, BILLII~, AND X-RAY(S) TO: ~ILLIAM P. DOUGLAS, ESQUIRE MCS on behalf of PATRICK MCDO~.L, ESqUIRE intends to serve a subpoena identical to the one that is attached to this .otice. You have t~enty (20) days from the date listed belom in~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. C-~p. lete copies of any reproduced records may be ordered at your expense by c~-p. leting the attached counsel card and returning sa~e to MCS or by contacting our local MCS office. DATE: 0612512001 CC: PATHICK MCDONNTM, ESQUIRE - M-249 MCS on behalf of p&T~ICK~_nOm~.L, ESqUIRE Attorney for Any questions regarding this ~atter, contact TI~MCS GROUP INC. 1601HAR~ET STREET ~800 pHILADELPHIA, PA 19103 (215) 246-0900 DE02-156922 64465--C01 COMMON'W'EALTH OF PE~SYLVANIA COUNTY OF CUMBERL-%.ND S.%;.LY M. CLITES VS WAL-MART STORES, INC. F{le No. 01-979 SUBPOENA TO PRODUCE DOCUM-------------------~-rS OR THINGS FOR DISCOVERY PURSUA.N-r TO RELE ¢009?22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Name of Pemon or -~a~,7. } W :h n t-~e..--~. ' 20) days ,~e~ sev,'ice of this subpo~na, 3tou a:e..~r..4e~ed ~ the court to produce the foilowlng documents or :hinge: SEE ATTACtI~u ' L at ~4CR C. ROUP INC.. 1601 MARKET ST., ~800~ PHILA.,PA 19103 You may deB'et or mail legible copies of the document~ or produce t~ ~u~ed by t~s subp~n~ together with the ce~ifica~e ~ ~ompliance, to the p~ ~fl~ this requ~t at the ad~ ~ a~e. You ~ve the right to seek. ~n advice, the ~onable co~ of ptep~n8 the copi~ or produ~i~ the t~ ~t. If you f~l to ~oduce the d~umentl ot t~n~ required by t~ lub~ ~ ~en~ (~1 ~ay~ ~et its se~' ce. the p~ se~'i~ t~ ~b~e~a may i~k a c~ otd~ compellin~ you to ~omply ~th ~ THIS SL'BPO~A WAS ISSUED AT TIlE REQUEST OF Th"E FOLLOWING PERSON: NAME: pATRICK J- MCDONNELL. ESO. ADDRESS: TWO PENN CENTER .PLAZA, STE 910 PHILA. PA 19102 TELEPHONE: 71 ~_gAr,-nann SUPREM£ COUI~T lO ~. Seal of the Co~t E.ff 7/~ E XPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 64465 SALLY M. CLITES ABSTRACTS OF HOSPITALIZATIONS INCLUDING IN/OUT-PATIENT RECORDS Any and all records, correspondence, tiles and memorandums, handwritten notes, hilling and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: SALLY M. CLITES P.O. BOX 37, ELLIO~VFSBURG, PA 17024 Sodal Security #: 184-36-6547 Date of Birth: 02-03-1947 SU10-312512 64465--L02 CERTIFICATE PREREQUTSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SALLY M. CLITES -VS- WAL-MART STORES, INC. COURT OF C0}940N PLEAS TERM, CASE NO: 01-979 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PATRICK MCDONNELL, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 0711712001 MCS on behalf of PATRICK MCDONNELL, ESQUIRE Attorney for DEFENDANT DEll-265820 6 4 4 6 5 --LO 3 cO~OIq~,;~ALTH OF PENNSYLVANIA cOUNTY OF CI31~IBERL~%I~D IN THE MATTER OF:_ SALLY M. CLITES -VS- COU~T OF C0~940N PLEAS TESM, CASE NO: 01-979 WAL-MART STORES, INC. NUfICE OF Ilffll~ ~O SERVE A SUBPOEli% ~O PRODUCE DOCUMENTS AND ~ FOR DISCOVERY PURSUAI~ ~O R~.21 MCCALL, BANOGON E aA~N ASSOC. CARLISLE HOSPITAL aARLISLE HOSPITAL C~RI.ISLE IMAGING ASSOC. pE~RY ~EALT~ CENTER DR. DAVID MEDICAL, BILLING, AND X-RAY(S) H~DICAL AND HOSPITAL BILL ~ X-RAY ONLY MEDICAL, BILLINg, ~ X-RAY(S) MEDICAL, BILLINg, AND X-RAY(S) I~DICAL, BILLING, AND ][-RAY(S) TO: I~ILLIAI4 P. DOUGLAS, ESQUIRE ECS on behalf of PATRICK MCDOl~n~'I', ESqUIRE intends to serve a subpoena identical to the one that is attached to this .otice. You have twenty (20) days from the date listed belo~ in ~hich 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 ~ade, then the subpoena ~ay be served. Cmaplete copies of any reproduced records may be ordered at your expense by cmapleting the attached counsel card and returning same to ECS or by contacting our local ECS office. DATE: 06/25/2001 CC: PATRICK liCDONNELL, ESQUIRE -H-249 HCS on behalf of pATRiCK MCDOI~n~-I-, ESQUIRE Attorney for D~z~vANT Any questions regarding this satter, contact ~HEMCS GROUP INC. 1601 HARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-156922 64z~65-CO1 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL-LND S,~%LY M. CLITES VS WAL-MART STORES, INC. File No. 01-979 SUBPOENA TO PRODUCE DOCUM~,-N"rS OR THINGS FOR DISCOVERY PURSUAN'T TO RULE 4009?22 TO: CHSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL Within ~we..-? C20) days a~'ter sec.'ice of this subpoena,you ~e_.o_r_dered ~' the co.an to produce the following documents or ~hing~: SEE ATTAC~o ' L at MCS C. ROUP INC., 1601 MARKET ST., #800~ p~LA.,PA 19103 ce~ifica~e ~ compliance, to :he p~ m~n~ this requfll at the adm b~ a~e. You ~ve the right to see~ in advice, the ~uonable ~ost of prep~flS the ~opifl or producing the t~ if you f~l to ~oduce the d~umen~ or t~np required by t~s sub~ ~ ~en~ (~} ~ays se~'ing t~s s~b~ena may silk a c~ ord~ compellin~ you ~o comply ~th ~ THIS 5L'BPO~NA WAS ISSUED AT THE REQ~'L~T OF ~ FOLLOWING PERSON: NAMFu pATRICK J. MCDONNgLL. ES0, ADDR~$: T~O PENN C~TER-P~, STE 910 PHI~. PA 19102 T~LEPHON~ 2~ SUPREME CO~ ID ~ A~O LN ~' ~ nEW. ANT DAT~ BY ~ C. OURT~ ~ Seal of the Co~'t 719,3 E .XPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 64465 SALLY M. CLITES Any and all X-Rays pertaining to patient. Date? Requested: up to and including the present. Subject: SALLY M. CLITES P.O. BOX 37, ELLIOTTSBURG, PA 17024 Social Security #: 184-36-6547 Date of Birth: 02-03-1947 SU10-312514 6 4 4 65--L0 3 CERTIFICATE PRgRgqUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SALLY M. CLITES -VS- WAL-MART STORES, INC. COURT OF cOMMON PLEAS TERM, CASE NO: 01-979 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PATRICK MCDONNELL, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/17/2001 MCS on behalf of PATRICK MCDONNELL, ESQUIRE Attorney for DEF~NuANT DEll-265821 6 4 4 6 5 --LO 4 CO. iVI~4ON-~r]~%I_,TH OF PENNSYLVANIA coUNTY OF CT31~IBERLAND IN THE MATTE~ OF: SALLY M. CLITES COU~T OF C0~0N PLEAS TERM, CASE NO: 01-979 -VS- WAL-MART STORES, INC. MC~.aLL, BAllOt]ON & ~AWN ASSOC. CARLISLE HOSPITAL CAYJuISLE HOSPITAL CA~LISLE IMAGING ASSOC. PERRY m~ALTH cKNTK~ DR. DAVID BAI~ H~DICAL, BILLING, AMD XoEA¥(S) MEDICAL AlU) HOSPITAL BILL x-rAY 01~Y ~I~AI., BTI.L~, ~ X-~Y(S) ~I~, B~G, ~ X-~Y(S) TO: WILLIAM P. DOUGLAS, ESQUIRE MCS on behalf of PATRICK ~_._r~.l.~ ESQUIRE 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 undersiEned an objection to the subpoena. If the t~enty 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 attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 0612512001 CC: PATRICK MCDONN~'I', ESQUIRE -H-2&9 MCS on behalf of PATRICK MCDONNELL, E$(~UIRE Attorney for D~-~-~vANT Any questions regarding this matter, contact T-;-MCS GROU~ INC. 1601 PlAREET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-156922 64465--C01 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL-kND S~Y M. CLITES VS WAL-MART STORES, INC. File No. 01-979 SUBPOENA TO PRODUCE DOCUM';-,-N"I'S OR THINGS FOR DISCOVERY PURSUA.N'T TO RULE 4009 ~.22 TO: GILqTODIAN OF RECORDS FOR: CARLISLE IMAGING IN&m* of P*~e ~e ~'~. ! things: at ~cR GROLrP INC.. 1601 MARKET ST., ~800, PMILA. ,PA 19103 You may de~'et or mail le~ble copi~ of the d~u~ M ~e t~ ~u~ed by t~s sub.rtL together wi~h the ce~i~cate ~ compliance, co the p~ m~n~ this r~ M ~ M~ ~ a~e You ~ve the right to see~ advice, the ~uonable co~ of prep~nS the copifl M ~M~ t~ t~ ~t. If you f~l to ~oduce the d~umeflt* or t~n~ requ.~ ~ ,~t ~ ~ ~en~ (~) days ~er its sec'ice, he se~'ing t~s s~ena may s~k a c~ order com~,~ ,~ m ~ply ~th P- Tt-II5 SL'BPO -E~A WAS ISSUE'D AT 'I'VE Ri(~i.'I.~r OI~ ~ FOLLOWING PERSON: NAM~. PATRICK J- McDONNELL. ESO. ADORg$.~: TWO PENN CENTER PLAZA, ST~ ~10 p~llA. PA 19102 TEL~PHON~ ? l SUPR~M[ CO~ ID ~ Seal of the Court E XPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE IMAGING ASSOC. 220 WILSON STREET #102 CARLISLE, PA 17013 RE: 64465 SALLY M. CLITES ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: SALLY M. CLITES P.O. BOX 37, ELLIO~I~SBURG, PA 17024 Social Security #: 184-36-6547 Date of Birth: 02-03-1947 SU10-312516 64465--L04 CERTIFICATE pREREQUISiTE TO SEItVICE 0P A SUBPOENA PURSUANT TO I~ULE 4009.22 IN THE MATTER OF: SALLY M. CLITES -VS- WAL-MART STORES, INC. cOURT OF C0~940N PLEAS TERM, CASE NO: 01-979 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PATRICK MCDONNELL, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/1712001 MCS on behalf of PATRICK MCDONNELL, ESQUIRE Attorney for DEYMNDANT DEll-265822 6 4 4 6 5 --LO 5 COi~I~401q-W1~I~TH oF PENNSYLVANIA coUNTY OF CL~[~IBE~L~%lqD IN THE MATTER OF: SALLY M. CLITES COURT OF CO~9~ON PLEAS TERM, CASE NO: 01-979 -VS- WAL-MART STORES, INC. ~HINGS FOR DISCOV~K! MCCALL, BANOGON & ~A~ ASSOC. CARLISLE HOSPITAL CARLISL~ HOSPITAL CAgLISL~ IMAGING ASSOC. pE~RY ~E~LI~ CENT~ HEALTH ~U~ICA DR. DAVID BAKE~ MEDiaAL, BILLING, AND X-EAY($) MEDICAL AND HOSPITAL BILL X-HAY ONLY M~DI~&L, BII~NG, J~D X-EAY(S) M~DICAL, BILLING, AND X-EAY(S) M~DICAL, BILLINg, A~D x-rAY(S) TO: ~ILLIAMP. DOUGLAS, ESQUIRE MCS on behalf of PAT~ICKMCDONW~-L~ ESqUIRE intends to serve a subpoena identical to the one that is attached to this ~otice. You have twenty (20) days from the date listed belom 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 cm"pleting the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/2512001 CC: PATRICK MCDONNELL, ESQUIRE - H-249 MCS on behalf of pATHICK MCDOmaRLL, ESqUIRE Attorney for Di~,~uANT Any questions regarding this matter, contact T~EMCS GROUP INC. 1601HAHE~T STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DB02-156922 64465--C01 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL-k.ND S~k&Y M. CLITES VS WAL-MART STORES, INC. File No. 01-979 SUBPOENA TO PRODUCE DOCUM~'-N'TS OR THINGS FOR DISCOVERY PURSUA.N-r TO RULE ¢009 ~--2 TO: GILqTODIAN OF RECORDS FOR: PERRY HEALTH CENTER (N&me o~r PemQn or wi:bin ~we..'~..' 0fl) ~ays ~er sec'ice o~ ~s subp~,you ue order~ ~ ~ ~ to produce the followin~ documents or SEE ATTACHED ' a, ~C.q gROUP INC.. 1601 M~nKET ST., (/800r PHILA. ,PA 19103 (.~dctr~sl ce,ifica~e ~ compliance, to the p~ ~ng this request at the ad~ ~ a~e. You ~ve the right to see~ in advice, the ~monable cost of prep~n8 the copi~ or producing the t~n~ ~ If you f~l t~ ~oduce the d~uments or t~n~ required by ~s s~b~ ~0~ ~en~ {~) ~ays ~et its sec'Lee, the p~' se~'ing :~s s~b~efla may stir I c~ ord~ compelling you to comply ~th P. THIS SL'~PO --~WA WAS ISSUi='D AT THE R£QL'EST OF ~ r-OLLOWLNG PERSON: NAM~. PATRICK J. McDONNELL. ES0. ADDR~$: TWO PENN CENTER .PLAZA, STE 910 PHILA. PA 19102 TELEPHONc' 715-'~ Ar'-oonn SU?REM£ COU~r lid Il: DATE: 5e~ ofthe Co~"'~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PERRY HEALTH CENTER RT 850 P.O. BOX 913 LOYSVILLE, PA 17047 RE: 64465 SALLY M. CLITES ABSTRACTS OF HOSPITALIZATIONS INCLUDING RECORDS FROM: LORI TROSTLE, M.D. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Date. s Requested: up to and including the present. Subject: SALLY M. CLITES P.O. BOX 37, ELLIOTFSBURG, PA 17024 Social Security #: 184-36-6547 Date of Birth: 02-03-1947 SU10-312858 64465--L05 cERTIFICATE PKEKEQ~ISITE TO SERVICE OF A S~BPOEI~A p~IgSUANT TO R~]LE 4009.22 IN THE MATTER OF: sALLY M. CLITES -rs- WAL-MART STORES, INC. cOURT OF C0~940N PLEAS TERM, CASE NO: 01-979 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PATRICK MCDONNELL, ESQUIRE --certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (~) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 0711712001 MCS on behalf of PATRICK MCDONNELL, ESQUIRE Attorney for DEFENDANT DEll-265823 64465--L06 COiV~4ON-~rEALTH OF PENNSYLVANIA couNTY OF c~BERL~d~D IN THE MATTER OF: SALLY M. CLITES COURT OF C0~940N PLEAS TERM, CASE NO: 01-979 -VS- WAL-MART STORES, INC. FEr~LL, ~A~OGON & CA~LISL~ HOSPITAL CAF. LISLg HOSPITAL CARLISL~ ]]4AGING ASSOC. P~R~Y H~LTH ~ DR. DAVID BA~k M~DICAL, BTT.LI~, ~ X-RAY(S) M~DICAL A~D HOSPITAL BILL ~ X-~Y O~Y ~ICAL, B~LL~, ~ X-~Y(S) ~I~, B~, ~ X-~Y(S) INS~CB ~I~, BXLLI~, ~ X-~Y(S) TO: WILLIAN P- DOUGLas, gSQUIRE HCS on behalf of PATRICR HCDO~n~q'L~ gSqU~RE intends to serve a subpoena identical to t_he one that is attached to this ~otice. You have t~nty (Z0) days from the date listed belme in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty 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 attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 06/2512001 CC: PATRICk[ MCDONI~q.L, ESQUXRE -H-249 HCS on behalf of p&I'RICK ~DO~-L? gsqUI~ Attorney for D~-~z~Lu~-NT Any questions regarding this matter, contact THE I~CS GROUP INC. 1601HAR~T STREET 18oo PHILADELPHIA, PA 19103 (215) 2~6-0900 DE02-156922 6~.465--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA.ND S~Y M. CLITES VS WAL-MART STORES, INC. File No. 01-979 SUBPOENA TO PRODUCE DOCU'M~.,--N-['S OR THINGS FOR DISCOVERY PURSUA_N"I' TO RULE ¢009322~ TO: CUSTODIAN OF RECORDS FOR: HEALTHAMERIGA OF CENTRAL PA (~ame of Pe~on or ~..m~) MCS QRoUP INC.. 1601 MA3~RT ST. ~ #800r PHILA.,PA 19103 You may dei~'~ or mail le~ble copie~ of the do~umeflu or produce th.in~ r~ae~ted by th.is subpo~fla, together with the Ce~eifica'te ~: ¢ompliaflce, to the par~. mai~fl$ thiJ requfit at the ad~;~ IL~[ above. You have the right to seek., in advance, the .'~monabie cost of prepatin$ the copifi or producing tho t~i. fl~s ~o~.t. If vo,a fa~] m ~oduce the doc.ameflte or things required by this subpoena, wig. in rwen~. (20) c~ays a~ter its service the parry. se~'i.$ t~s s~poena may seek · cou~ order compellifl$ you to comply with THIS SL'3PO~A WAS ISSUED AT 'I'HE REQU~t-S'r OF ~ F. OLLOWING PERSON: NAM~. PATRICK J. MCDONNELL. ESO. ADDRF-~$: TWO PENN CENTER PLAZA, STE 910 PHILA. PA 19102 TELEPHON"' 7~ ~_~.a-nonn SUPR~.M£ CO%~I~T ID ~ A 'l'l' 0 ~,.N~I' r'O~ OEF~ANT Seal of the Co~'t EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTH AMERICA 2575 INTERSTATE DRIVE HARRRISBURG, PA 17110 RE: 64465 SALLY M. CLITES INSD: RICHARD CLITES GROUP: PA EMP BEN TRUST FUND ID NO.: 172-36-2417'01 Any and all claims files. Dates Requested: up to and including the present. Subject: SALLY M. CLITES P.O. BOX 37, ELLIOTrSBURG, PA 17024 Social Security #: 184-36-6547 Date of Birth: 02-03-1947 Date of Loss: 07/06/1999 SU10-312520 6 4 4 6 5 --LO 6 CERTIFICATg PREREQUISITE TO SERVICE OF A SUBPOgNA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SALLY M. CLITES WAL-MART STOKES, -VS- INC. COURT OF COMMON PLEAS TERM, CASE NO: 01-979 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 eCS on behalf of PATRICK MCDONNELL, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/17/2001 eCS on behalf of PATRICK MCDONNELL, ESQUIRE Attorney for DEFENDANT DEll-265824 64465--L07 CQI~/~4OI~V~]ZALTH OF PENNSYLVANIA COUNTY OF CI3}4BERL,~I\ID IN THE MATTER OF: SALLY M. CLITES -VS- WAL-MART STORES, INC. COURT OF CO~40N PLEAS TERM, CASE NO: 01-979 NOTICE OF IN~ENY TO SERVE A SUBPOENA ~0 PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MCCALL, BANOGON & [lAWN ASSOC. CARLISLE HOSPITAL CARLISLE HOSPITAL CARLISLE I~AGING ASSOC. PERRY m~ALTH CER'r~-/t HEALTH AMERICA DR. DAVID BA~K MEDICAL, BILLING, AND X-RAY(S) MEDICAl. AND HOSPITAL BILL X-PAY ONLY MEDICAL, BILLING, AND X-EAY(S) MEDICAL, BILLING, AND X-EAY(S) INSURANCE MEDICAL, BILLING, AND X-PAY(S) TO: WILLIAM P. DOUGLAS, ESQUIRE MCS on behalf of PATRICK MCDONNELL, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days fro~ the date listed belo~ in~hich to file of record and serve upon the undersiEned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is ~ade, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by cu~pletin§ the attached counsel card and returnin§ same to HCS or by contacting our local MCS office. DATE: 0612512001 CC: PATRICK MCDON~ELL, ESQUIRE - M-249 MCS on behalf of PATRICK MCDONNELL, ESqUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601MARKET STREET t800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-156922 64465--C01 COMMON'WEALTH OF PENNSY'LVANI.% COUNTY OI: CUMBERL~..ND S.~LLY M. CLITES : VS : WAL-MART STORES, INC. : File No. 01-979 SUBPOENA TO PRODUCE DOCUN[~"I'S OR THING,q FOR DISCOVERY PURSUA.N"r TO RULE 4009 '~'~ TO: CUSTODI)aN OF RECORDS FOR: DAVID C. BAKER, M.D. (NameofPe~onor-,~nd?) Within twe..--'s.. 20) davs af~erse~'ceofthissubpoena, you ~oorderedl~vthecourttoproducethefollowinsd~uments chin~ ' SEE ATTACHED ' or GROUP INC.. 1601 MARKET ST. ~ #800~ PRILA.,PA 19103 You may. deib,.er or mail es~b · copies of tho documen~ or produce th.inlJs r~:laestsd by. t~s sub~n~ together with the ce~ificate ~ ~ompliance. to the p~ m~n~ ~his requflt at the ad~ ~ ~e. You ~ve the ~ht to see~ in advice, the ~uonable cost of prep~nS the copifl or producin~ the t~n~ ~ you f~il to ~oduce the documents or thin~J requ red by this subp(~rm, w~th~n t'wen~ (20) days after its service, the patE,.' sec'ins ~h. is sz:~poena may seek a cotu~ order compelling yo~ m comply with THIS SL'BPO~NA WAS ISSUED AT THE R£QUE~I' OF TH~ FOLLOWING PERSON: NAMe. PATRICK J. MCDONNELL, ~$0, ADDRESS: TWO PENN CENTER-PLAZA, STE 910 PHI~A. PA 19102 TI!LEPHON"' 9~ ~-'~.'.,~-nQnn SUPREM£ COURT ID #: Seal of the Co~-t EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID BAKER 850 WALNUT BOTTOM ROAD BELVEDERE MEDICAL CT CARLISLE, PA 17013 RE: 64465 SALLY M. CLITES ABSTRACTS OF HOSPITALIZATIONS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: SALLY M. CLITES P.O. BOX 37, ELLIOTFSBURG, PA 17024 Social Security #: 184-36-6547 Date of Birth: 02-03-1947 SU10-312522 64465--L07 LAW OFFICES OF McDONNELL & ASSOCIATES BY: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 BY: Rocco J. Iacullo IV, Esquire Attorney I.D. No.: 86144 Two Penn Center Plaza - Suite 910 Philadelphia, PA 19102 (215) 636-1493 Attorneys for Defendant, Wal-Mart Stores, Inc. SALLY M. CLITES V. WAL-MART STORES, 1NC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 01-979 CIVIL TERM JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARy: Kindly withdraw my appearance on behalf of defendant Wal-Mart Stores, Inc. in connection with the above-referenced matter. LAW OFFICES OF McDONNELL & ASSOCIATES .~-TTP~'Tk J. McDonnell, Esquire ~ " aryl W. Winston, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. DATED: September 14, 2001 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant Wal-Mart Stores, Inc. in connection with the above-referenced matter. LAW OFFICES OF McDONNELL & ASSOCIATES DATED: September 14, 2001 trick J. lgicDonnell, Esquire Rocco J. Iacullo IV, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. 2 CERTIFICATE OF SERVICE ROCCO J. IACULLO IV, ESQUIRE hereby certifies that the attached Withdrawal/ Entry of Appearance was served by United States first class mail, postage prepaid on September Iq ,2001 to the counsel below named: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 LAW OFFICES OF McDONNELL & ASSOCIATES · A/~ULLO IV, ESQUIRE LAW OFFICES OF McDONNELL & ASSOCIATES BY: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 BY: J. Michael Kvctan, Esquire Attorney I.D. No.: 80229 601 S. Henderson Road- Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant, Wal-Mart Stores, Inc. SALLY M. CLITES WAL-MART STORES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 01-979 CIVIL TERM JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARy: Kindly withdraw my appearance on behalf of defendant Wal-Mart Stores, Inc. in connection with the above-referenced matter. LAW OFFICES OF McDONNELL & ASSOCIATES DATED: May 10, 2002 By: Patrick J. IV~Don~ell, Esquire Rocco J. Iacullo IV, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. ENTRY OF APPEARANCE TO TIlE PROTHONOTARY: Kindly enter my appearance on behalf of defendant Wal-Mart Stores, Inc. in connection with the above-referenced matter. LAW OFFICES OF McDONNELL & ASSOCIATES DATED: May 10, 2002 By: Pa~,~k J. McDonnell, ~Esquire J. Michael Kvetan, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. 2 CERTIFICATE OF SERVICE J. MICHAEL KVETAN, ESQUIRE hereby certifies that the attached Withdrawal/ Entry of Appearance was served by United States first class mail, postage prepaid, on May /~ ,2002 to the counsel below named: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 LAW OFFICES OF McDONNELL & ASSOCIATES ICHAEL KVETAN, ESQUIRE - PI~CIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAhD COUNTY Please list the following case: (Check one) ( X ) 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) SALLY M. CLITES (Plaintiff) VS. WAL-MART STORES, INC. ( Defendant ) V$. ( check one ) (X) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called on~ and Trials comnence on ~/~)/~)~_ Pretrials will be heldonf~/~O/~s~ (Briefs ~ due 5 days be . ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 979 Civil 2001 Indicate the attorney who will try case for t~ party who files this praecipe: Patrick J. McDonnell Indicate trial counsel for other parties if known: This case is ready for trial. Print Name: C°urt~ney Seda McDonnell Date: 6-11-03 Attorney for:Defendant, Wal-Mart S~ores, PRAEClPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLABI) COUNTY Please list the following case: ( Check one ) ( X ) for JURY trial at the next term of civil court. CAPTION OF CASE (entire caption must be stated in full) Sally Clites ) for trial without a jury. (check one) (XX) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) (Plaintiff) VS. Wal-Mart Stores, Inc. VS. (Defendant) The trial list will be called on Trials comnence on Protrials will be held onf~ (Briefs are due 5 days be (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) Indicate the attorney who will try case for the party who files this praecipe: Patrick J. McDonnell Indicate trial counsel for other parties if known: This case is ready for trial. Signed: Print Nsc, e: Courtne~eda ~cDon~Jll ' Date: July 15, 2003 Attorney for.- Wal-Mart Stores~ Inc. LAW OFFICES OF McDONNELL & ASSOCIATES BY: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 BY: Courtney Seda McDonnell, Esquire Attorney I.D. No.: 76263 601 S. Henderson Road - Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant, Wal-Mart Stores, Inc. SALLY M. CLITES V. WAL-MART STORES, 1NC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 01-979 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW THE PRAECIPE LISTING TO THE PROTHONOTARY: Kindly withdraw the trial listing for September 8, 2003 in the above-referenced case. Dated: July 15, 2003 CERTIFICATE OF SERVICE I, COURTNEY SEDA McDONNELL, ESQUIRE hereby certifies that a true and correct copy of the Praecipe to Withdraw the Praecipe Listing/Praecipe to Re-List was served by United States first class mail, postage prepaid on July 15, 2003, to the counsel below named: William P. Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 BY: McDONNELL & ASSOCIATES COI~J~'NEY SFt~A McDOIqNELL, ESQUIRE Sally Clites V Wal-Mart Stores, Inc. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-0979 CIVIL TERM ORDER OF COURT AND NOW, October 7, 2003, counsel having failed to call the above case for trial, the case is stricken from the November 3, 2003 trial term. Counsel is directed to relist the case when ready. ~Sally Clites, Plaintiff pC'~ .u~n. ey Seda McDonnell, Esquire vl~atrick J. McDonnell, Esquire For the Defendant Court Administrator ld By the Court, ld-08'ccD OCT 05 2003 3:2? PM FR LAW OFFICE MCD e ASSC~4 5885 TO 17172438955 P.95 LAW OFFZCES OF McDONNELL & ASSOCZATES BY; Patdck J. McDonnell, Esquire Attorney I.D. No.: 62310 BY: Courtney Seda McDonnell, Esquire Attorney I.D. No.: 76263 601 S. Henderson Road - Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant, Wal-Mart Stores, Inc. SALLY M, CLI-I-ES : : V. : WAL-IVlART SI'ORES, INC, : : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL AC'FZON - LAW NO. 01-979 CIVIL TERM .1URY TRIAL DEMANDED ORDER TO S. EI'rLE DI'SCONT~NUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled. William P. ~ouglas, EsquireS/ Attorney for Plaintiff Dal:ed: .(~. c'~\ ,2003 TOTAL pr