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HomeMy WebLinkAbout10-5491KLEEMAN & DiGIOVANNI, P.C. BY: Joseph J. DiGiovanni, Esquire Identification No. 48724 1819 John F. Kennedy Boulevard Suite #350-Sterling Commerce Center Philadelphia, PA 19103 (215) 963-0187 4c 0 Av6- LtIJ tt A 14:01 Attorney for Plaintiff SIKENA ALSBROOKS IN THE COURT OF COMMON PLEAS OF 2122 N. 5`h Street CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg, PA 17110 VS. : No. / SQ , 2010 OUTBACK STEAK HOUSE 25 Gateway Drive Civil Term Mechanicsburg, PA 17055 COMPLAINT IN CIVIL ACTION PREMISES LIABILITY 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 attorney 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 FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: 1-800-990-9108 717-249-3166 $920° ? ?# 215 29 "y71 I KLEEMAN & DiGIOVANNI, P.C. BY: Joseph J. DiGiovanni, Esquire Identification No. 48724 1819 John F. Kennedy Boulevard Suite #350-Sterling Commerce Center Philadelphia, PA 19103 (215) 963-0187 Attorney for Plaintiff SIKENA ALSBROOKS : IN THE COURT OF COMMON PLEAS OF 2122 N. 5 h Street : CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg, PA 17110 vs. No. 5 y 9 72010 OUTBACK STEAK HOUSE 25 Gateway Drive Civil Term Mechanicsburg, PA 17055 CIVIL ACTION - COMPLAINT 1. Plaintiff, Sikena Alsbrooks, is an adult individual and citizen of the Commonwealth of Pennsylvania residing therein at the above listed address. 2. Defendant, Outback Steak House (hereinafter "Outback ") is a business entity located at the above listed address. 3. The accident giving rise to the lawsuit occurred on March 17, 2010. 4. The accident giving rise to this lawsuit occurred inside the Outback Steak House restaurant located at 25 Gateway Drive, Mechanicsburg, PA. 5. At all times relevant and material hereto defendant Outback was in sole and exclusive possession and control of the property and premise at the location of this accident. 6. At all times relevant and material hereto the property and premises at the location of the accident described herein was open to the public and was used by defendant Outback to conduct its restaurant business. 7. At all times relevant and material hereto defendant Outback was responsible for the maintenance and cleaning of the property and premises described herein including the location of this accident. 8. At all times relevant and material hereto defendant Outback was under a legal duty to keep and maintain the areas within its restaurant in a reasonably safe condition so as not to allow said location to become hazardous and/or dangerous and thereby pose a danger to anyone walking in the store. 9. On March 17, 2010 as Plaintiff was walking in the entrance /exit area of the Outback Steak House restaurant she was caused to slip and fall in an accumulation of water that was on the floor in said area. 10. At the time of Plaintiff's fall the aforesaid location of this accident was in a dangerous and hazardous condition by virtue of the water on the floor. The condition of the Outback premises as described herein constituted a hazard and danger. 11. Defendant Outback knew or in the exercise of reasonable and ordinary care should have known about the hazardous and dangerous condition of it's premises at the location of this accident as described herein. In spite of such notice and knowledge the defendant did nothing too correct, clean remedy and/or alleviate said condition or the dangers and hazards posed by said condition. 12. Upon information and belief the plaintiff alleges that the defendant Outback acting by and through its agents and employees created the dangerous and hazardous condition which existed on its property and premises at the time of the Plaintiff's accident and which caused Plaintiff's accident and injuries. 13. The aforementioned hazardous and dangerous condition of the defendant's premises as described herein and at the location of this accident, as it existed on the date of this accident, constituted a danger and hazard to the Plaintiff and others walking at said location. 14. Plaintiff had no prior notice or knowledge of the aforementioned dangerous and hazardous conditions existing on the defendant premises at the location of this accident. 15. At the time of this accident Plaintiff was a business invitee upon the property and premises of the defendant. 16. Defendant Outback was careless and negligent in permitting and allowing its premises at the location of this accident to be and remain in the hazardous and dangerous condition as existed on the date of this accident, as described herein. Said defendant was further careless and negligent in failing to adequately clean and inspect the area for hazards or give any warning or notice of said hazardous and dangerous condition. 17. The aforementioned hazardous and dangerous conditions created and/or allowed to exist and remain by the defendant Outback on the date of this accident and at the location of this accident posed an reasonably foreseeable risk of the kind of injury which was suffered by the Plaintiff. 18. As a direct result of this accident and the defendant's carelessness and negligence, as set forth herein, Plaintiff, sustained serious, severe, and permanent internal and external injuries, including but not limited to: injuries to her back, and knees; lumbar spine strain and sprain; lumbar segmental dysfunction. 19. As a further direct result of this accident and the defendant's carelessness and negligence, as set forth herein, plaintiff has been prevented and will in the future be prevented, from attending to her usual and daily activities, occupations, duties, and avocations all to her great detriment and loss. 20. As a further direct result of this accident and the defendant's carelessness and negligence, as set forth herein, plaintiff has been obliged and will in the future be obligated, to expend large sums of money for medicine, medical treatment, and care, hospitalization and medical attention all in an attempt to treat and cure the injuries which she sustained in this accident, and all to her great financial detriment. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest and costs. BY: & DiGIOVANNI, P.C. ' . DMIOVANNI, ESQUIRE for Plaintiff Date: 8/16/10 VERIFICATION SIKENA ALSBROOKS , being duly sworn according to law, hereby states she is the plaintiff in the within action and that the facts set forth in the forgoing Civil Action - Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsifications to authorities. SIKENA ALSBROOKS SHERIFF'S OFFICE OF CUMBERLAND COUNTY -, -.~r~ Ronny R Anderson ~~.~D-' ~ a~~ ~`, ht~`^CY Sheriff ; ;c ~. ~.<~,~~1:~-,. ,~ , ~'' ~;~, Jody S Smith `~° `~ Chief Deputy `ij r~. ~ ' ~ ~~~ ~~~ ~~ Richard W Stewart ..,, E ~, , . :yr;` ju~j~ Solicitor - ~'~'"~ ~` ,_r ,~~ ~EN~S ~ LVA~`Vi~ Sikena Alsbrooks vs. Case Number Outback Steak House 2010-5491 SHERIFF'S RETURN OF SERVICE 09/09/2010 06:00 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 9, 2010 at 1800 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Outback Steak House, by making known unto Scott Knoebel, Manager for Outback Steak House at 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania 1 5its~ contents and at the same time handing to him personally the said true d rrect copy o same. ICHELLE GUTSHALL, DEPUTY SHERIFF COST: $37.00 September 10, 2010 SO ANSWERS, -~._._ RONN~' R ANDERSON, SHERIFF LAW OFFICES OF THOMAS J. WAGNER, LLC Attorney for the Defendant, By: Thomas J. Wagner, Esquire Outback Steak House Attorney Identification No.: 52876 th 8 Penn Center, 6 Floor 6~ ~ n 1628 John F. Kennedy Boulevard ~ `~= Philadelphia, PA 19103 .._,'J"~ cn ,3 ~~ (215) 790-0761 _ ~ ~~ ~~ SIKENA ALSBROOKS v. OUTBACK STEAK HOUSE ENTRY OF APPEARANCE AND JURY DEMAND TO: THE PROTHONOTARY Kindly enter my appearance on behalf of Defendant, Outback Steak House in this action. A JURY TRIAL OF TWELVE (12) JURORS LAW O By: r ~ -~ ~~ ._,~, .~ COURT OF COMMON PLE, - - ~y Q-t; CUMBERLAND COUNTYyA° r~ ;,. •- ~r~',-~ , ~~ _~ ~.~ NO.:5491.,2010 ~ ~~ -- ^~ TH ANDED. MAS 3. WAGNER, LLC WA,~~ER, ESQUIRE en ant, Outback Steak House Dated: ~ (~ ~ (C~ LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Attorney Identification No.: 52876 8 Penn Center, 6`h Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 SIKENA ALSBROOKS v. OUTBACK STEAK HOUSE Attorney for the Defendant, Outback Steak House COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 5491,2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date noted below, a copy of the foregoing Entry of Appearance and Jury Demand on behalf of Defendant, Outback Steak House ,was served upon the following via regular United States mail to: Joseph J. DiGiovanni, Esquire Kleeman & DiGiovanni, P.C. 1819 John F. Kennedy Boulevard Suite 350 -Sterling Commerce Center Philadelphia, PA 19103 LAW OFFI~j.~ ~~'~'HOMAS J. WAGNER, LLC BY: IER, ESQUIRE Steak House a Dated: `~'~ ~ ~. ~ ((~ LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876/60494 8 Penn Center, 6th Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 Attorneys for Defendant, Outback Steakhouse NOTICE TO PLEAD TO: PLAINTIFF, YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (2o) DAYS FROM SERVICE HEREOF OR A JUDGMENT D AGAINST fi. , BY: . WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE SIKENA ALSBROOKS COURT OF COMMON PLEAS: n, CUMBERLAND COUNTY V. ro NO.: 5491,2010 OUTBACK STEAK HOUSEv g DEFENDANT, OUTBACK STEAKHOUSE'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT{ I . Denied. After, reasonable investigation, answering Defendant is without knowledge or information sufficient to firm a belief as to the truth of Plaintiff's averments. 2. Admitted. 3-4. Denied as stated. It is admitted only that Plaintiff claims to have been injured on said date. Her averments of liability and injury are specifically denied. 5. Denied. It is specifically denied that answering Defendant was in sole and exclusive possession and control of said premises. Answering Defendant admits only that it operated a restaurant at said location. 6. Admitted. 7. Denied as conclusions of law to which no responsive pleading is required. It is admitted only that answering Defendant operated the restaurant upon said premises which it maintained and cleaned. 8. Denied as conclusions of law to which no responsive pleading is required. Without waiver of the foregoing, but should further denial be deemed necessary, then it is further specifically denied that answering Defendant permitted a hazardous or dangerous condition exist as averred. Strict proof of Plaintiff s averments is demanded at time of trial. 9. Denied pursuant to Pa.R.C.P. 1029(c) & (e). 10. Denied as conclusions of law to which no responsive pleading is required. Plaintiff's averments are further denied pursuant to Pa.R.C.P. 1029(c) & (e). 11. Denied as conclusions of law to which no responsive pleading is required. Plaintiff's averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 12. Denied. It is specifically denied that answering Defendant acted through agents and employees as averred as Plaintiff has failed to identify with particularity any such persons. Plaintiff's averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 13. Denied as conclusions of law to which no responsive pleading is required. Plaintiff's averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 14. Denied as conclusions of law to which no responsive pleading is required. Plaintiff's averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 15. Denied as conclusions of law to which no responsive pleading is required. Plaintiff's averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 16. Denied as conclusions of law to which no responsive pleading is required. Plaintiff's averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 17. Denied as conclusions of law to which no responsive pleading is required. Plaintiff's averments are ;otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 18. Denied as conclusions of law to which no responsive pleading is required. Plaintiff s averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 19. Denied as conclusions of law to which no responsive pleading is required. Plaintiff's averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). 20. Denied as conclusions of law to which no responsive pleading is required. Plaintiff s averments are otherwise denied pursuant to Pa.R.C.P. 1029(c) & (e). WHEREFORE, Defendant, Outback Steakhouse respectfully requests that Plaintiff's Complaint be dismissed with prejudice or that judgment be entered in favor of Defendant and against Plaintiff together with costs, interest, attorney's fees and any other relief deemed appropriate by the Court. NEW MATTER Defendant, Outback Steakhouse incorporates its responses to paragraphs 1-20 of Plaintiff's Complaint as though the same were fully set forth herein at length and avers as follows: 21. Plaintiff s Complaint fails to state a claim upon which relief can be granted. 22. Plaintiff's claims are barred by the doctrines of res judicata, waiver, collateral estoppel or the applicable statute of limitations. 23. Plaintiff has filed to mitigate her damages, the same being specifically denied.. 24. Plaintiff's damages, the same being specifically denied, were caused by third parties or instrumentalities not actin; at the direction, or under the control of defendant. 25. The superseding and/or /intervening conduct of third parties or instrumentalities caused plaintiffs' damages, the same being specifically denied. 26. Plaintiff's damages, the same being specifically denied, are due in whole or in part 1.0 other accidents, incidents and/or conditions unrelated to the accident at issue. 27. Plaintiff may have lost or destroyed evidence relating to her claims and, therefore, may have waived all of her claims and/or prejudiced defendant's ability to defend this lawsuit. As a result, plaintiffs' claims should be dismissed. 28. Defendant reserves the right to assert additional defenses upon discovery of evidence that may support those defenses. 29. Defendant may not have breached any duty owed to plaintiff. 30. Plaintiff may have knowingly exposed herself to obvious risks, and, therefore, caused their own damages. 31. Plaintiff's claims may be barred or limited because of their own contributory negligence. 32. Defendant's conduct may not have been a substantial factor in the cause of any of plaintiff's alleged damages. 33. Plaintiff's alleged damages may be due in whole or in part to other accidents, incidents and/or conditions and may not be due to this incident. 34. Defendant incorporates by reference the New Matter set forth in Pa.R.Civ.P 1030 and required by Pa.R.Civ.P. 1032 to the extent that those defenses are applicable. 35. Defendant reserves the right to assert additional defenses upon discvery of evidence that may support these defenses. WHEREFORE, Defendant, Outback Steakhouse respectfully requests that Plaintiff's Complaint be dismissed with prejudice or that judgment be entered in favor of Defendant and against Plaintiff together with costs, interest, attorney's fees and any other relief deemed appropriate by the Court. N , E QUIRE CHARLES L. McNABB, ESQUIRE Dated: Attorneys for Defendant, Outback Steak House LAW OFFIC '1 7 O J. WAGNER, LLC By: THO . WAG ER S VERIFICATION I, MICHELLE SHIVERS, representative of Outback Steakhouse, verifies that to the extent the foregoing Answer with New Matter to Plaintiff's Complaint contains any facts, that they are true. The language is that of counsel. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1VIICH SH , ERS, Repre tative of Outback Steakhouse Dater l' LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876/60494 8 Penn Center, 6tb Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 SIKENA ALSBROOKS V. OUTBACK STEAK HOUSE Attorney for the Defendant, Outback Steak House COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 5491,2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date noted below, a copy of the foregoing Answer with New Matter to Plaintiff's Complaint, was served upon the following via regular United States mail to: Joseph J. DiGiovanni, Esquire Kleeman & DiGiovanni, P.C. 1819 John F. Kennedy Boulevard Suite 350 - Sterling Commerce Center Philadelphia, PA 19103 LAW OFFICES OF THOMAS J. WAGNER, LLC BY: T NE R, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: ?I F ICF 1 r-j KLEEMAN & DiGIOVANNI, P.C. BY: Joseph J. DiGiovanni, Esquire Identification No. 48724 The Sterling Commerce Center, Sui 1819 John F. Kennedy Boulevard Philadelphia, PA 19103 Telephone: (215) 963-0187 to #350,, ; x t , s Attorney for Plaintiff SIKENA ALSBROOKS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 5491- 2010 OUTBACK STEAK HOUSE PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER 21. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 22. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 23. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 24. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 25. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 26. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 27. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 28. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 29. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of.trial. 30. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 31. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 32. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 33. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 34. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. 35. Denied. The averments contained in these paragraphs state conclusions of law to which no response is required. These averments are therefore denied and strict proof thereof, if relevant, is hereby demanded at the time of trial. WHEREFORE, Plaintiff demands judgment as set forth in her Complaint. & DiGIOVANNI, P.C. BY: Q. DiMVANNI, for Plaintiff Dated; 11/10/10 VERIFICATION JOSEPH J. DiGIOVANNI, ESQUIRE being duly sworn according to law, hereby states that he is the Attorney for the plaintiff in the within action and is authorized on behalf of the Plaintiff to sign this Verification and that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unworn falsification to authorities. ANNI, ESQUIRE Dated: 11/10/10 LAW OFFICES OF THOMAS J. WAGNER, LLC Attorneys for the Defend*i2t, By: Thomas J. Wagner, Esquire Outback Steak House -_ -- =' Charles L. McNabb, Esquire Attorney Identification No.: 52876/60494 r r.? 8 Penn Center, 6' Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 ? v N o ? (215) 790-0761 .4 A CUMBERLAND COUNTY V. OUTBACK STEAK HOUSE NO.: 5491,2010 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of the. subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Outback Steakhouse states the following: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was maile&or delivered to each parry 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 objections to the subpoenas have been received, (4) the subpoenas which will.be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. LAW OFFICES OF THOMAS J. WAGNER, LLC By: ?. THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated:July 19, 2011 LAW OFFICES OF THOMAS J. WAGNER, LLC Attorneys for the Defendant, By: Thomas J. Wagner, Esquire Outback Steak House Charles L. McNabb, Esquire Attorney Identification No.: 52876 8 Penn Center, 6`h Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 CUMBERLAND COUNTY V. OUTBACK STEAK HOUSE NO.: 5491,2010 CERTIFICATE OF StRVICE The undersigned hereby certifies that on the date noted below, a copy of the foregoing Certificate Prerequisite to Service of Subpoenas, was served upon the following via regular United States mail to: Joseph J. DiGiovanni, Esquire Kleeman & DiGiovanni, P.C. 1819 John F. Kennedy Boulevard Suite 350 - Sterling Commerce Center Philadelphia, PA 19103 LAW FICES O THOMAS J. WAGNER, LLC BY Sal Pastino, paralegal to THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: July 19, 2011 LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876/60494 8 Penn Center, 6th Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 Attorneys for the Defendant, Outback Steak House CUMBERLAND COUNTY V. OUTBACK STEAK HOUSE NO.: 5491,2010 NOTICE OF INTENT TO SERVE. SUBPOENAS-TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Outback Steakhouse, intends to serve subpoenas identical to those 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 these subpoenas. If no objection is made, the subpoenas will be served on the following in twenty (20) days: . 1. Empire Beauty School 2. Juliana's Hair Salon 3. Planned Parenthood 4. Polyclinic Hospital 5. Pennsylvania Department of Public Welfare 6. Harrisburg Hospital LAW OFFICES OF THOMAS J. WAGNER, LLC By: _ 63? .40 f &,a,& THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: June 29, 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS Plaintiff VS. OUTBACK STEAKHOUSE File No. 5491,2010 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Empire Beauty School, 3941 Jonestown Road, Harrisburg, PA 17109 (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: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: Law Offices of Thomas J. Wagner, LLC 8 Penn Center - 6th Floor, 16281FK Boulevard Philadelphia, PA 19103 TELEPHONE: 21-5-979-9712 SUPREME COURT ID # W494 ATTORNEY FOR: Defendant, Outback Steakhouse BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy EXHIBIT "A" (EDUCATION/TRAINING RECORDS) ANY AND ALL (handwritten or typewritten) EDUCATION, PHYSICAL EDUCATION, TRAINING, DISCIPLINE, FINANCIAL' AID RECORDS, GRADE AND ATTENDANCE REPORTS, INJURY/SICK CALLS ALONG WITH MEDICAL RECORDS, REPORTS OF ANY KIND, CORRESPONDENCE, MEMORANDA, TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THFRMOGIR AMS' FMCT, EKG. FTC; INVOICES AND RIr I c FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, PHARMACY RECORDS, PRESC'RIPTIONS' RECORDS OF PAYMENTS, RECORD'S OF ATTENDANCE, AS WELL AS ANY AND ALL TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, PHYSICAL THERAPY RECORDS OR NOTES, RECORDS AND REPORTS OF ANY PSYCHOLOGICAL OR PSYCHIATRIC TREATMENT-OR DIAGNOSES, THERAPY, CONSULTATION, DAILY ACTIVITY DIARIES, THERAPY, CONSULTATION PERTAINING TO: RE: Sikena Alsbrooks 2122 N. 5lb Street Harrisburg, PA 17110 D/OB: 8/9/1983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE MU-T-H J-?O-E T A To J?RO IICEE ilOC-1IMENTs 'OF OF -CO 1 T Yrazia- r„1 Ta ? f z o y az x z: x avy ?-vvQ OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name PAReception\aaalll files\Open Files A-J\Alsbrooks - 2239\Subpoenas\Certificate of Compliancempd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS .VS. OUTBACK STEAKHOUSE Plaintiff' . File No. 5491,2010 SUBPOENA TO PRODUCE DOCUMENTS OR TB[INGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Juliana Express Nails & Hair.Salon, 2006 Derry Street, Harrisburg, PA 17104 (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: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: LawOffioesofThomasJ.Wainer, LLC 8 Penn Center - 6th Floor, 1628 JFK Boulevard Philadelphia, PA 19103 TELEPHONE: 215-979-8712 SUPREME COURT ID # 60494 ATTORNEY FOR: Defendant, outback steakhouse BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy EXHIBIT "A" (Employment) Any and all (handwritten, typewritten, computer or otherwise generated) medical records, reports of any kind, correspondence, memoranda, any and all claim records, adjusters notes, attorneys letters, claim forms, investigation records including photographic or video surveillance, or lay witness), insurance applications, policies, addendums, riders, agency forms or communications, as well as any and all treatment records, nurses notes, progress notes, the original actual diagnostic studies and interpretations, including but not limited to x-rays, MRI, CT scans, thermograms, emg, ekg, etc.; invoices and bills for medical or any other service, patient referral notes, insurance forms, records of payments, records of attendance, physical therapy records or notes, records-and reports of any diagnoses, therapy, consultation; 2. Entire personnel file; Any and all (handwritten, typewritten, computer or otherwise generated) employment records, timesheets, reports of any kind, correspondence, memoranda, discipline and review records, separation, termination, resignation or retirement records, including claims for injuries or any disability, accident or incident reports, any claim records of any kind, earnings and attendance notes, memoranda and reports, vacation requests, insurance forms, records of payments, records and reports of any psychological or psychiatric treatment or diagnoses, therapy or consultation along with every single scrap of paper in the personnel file or in your possession from the beginning-of time to the present pertaining to: RE: Sikena Alsbrooks 2122 N. 5" Street Harrisburg, PA 17110 D/OB: 8/9/1983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name PAReception\aaalll files\Open Files A-J\Alsbrooks - 2239\Subpoenas\Certificate of Compliancempd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS Plaintiff File 5491,2010 vs. OUTBACK STEAKHOUSE nnfrnrlant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Planned Parenthood, 1514 N. 2nd Street, Harrisburg, PA 17102 (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: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: Law Offices of Thomas J. Wagner, LLC 8 Penn Center - 6th Floor, 1628 JFK Boulevard Philadelphia, PA 19103 TELEPHONE: 215-979-8712 SUPREME COURT ID # 6o994 ATTORNEY FOR: Defendant, Outback Steakhouse BY THE COURT: Prothonotary, Civil Division Date:_ Seal of the Court Deputy EXHIBIT "A" (Medical) ANY AND ALL (handwritten or typewritten) MEDICAL RECORDS, REPORTS OF ANY KIND, CORRESPONDENCE, MEMORANDA, TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, LNSITRANC E FORMS, PHARMACY RECORDS, PRESCRIPTIONS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, AS WELT AS ANY AND ALL TREATMENT RECORDS, NURSES NOTES, PRO ES NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, PHYSICAL THERAPY RECORDS OR NOTES, RECORDS AND REPORTS OF ANY PSYCHOLOGICAL OR PSYCHIATRIC TREATMENT OR DIAGNOSES, THERAPY, CONSULTATION, DAILY ACTIVITY DIARIES, THERAPY AND CONSULTATION PERTAINING TO : RE: Sikena Alsbrooks 2122 N.5' Street Harrisburg, PA 17110 D/OB: 8/9/1983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE OF COMPLIANCE WITH STIRPO 'NS TO PRODUCE DOCUMENTS . OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be. produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name P1Reception\aaalll files\Open Files A-Msbrooks - 2239\Subpoenas\Certificate of Compliancempd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS Plaintiff File No. 5491,2010 VS. OUTBACK STEAKHOUSE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Polyclinic Hospital, 2501 N. 3rd Street, Harrisburg, PA 17110 (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: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: Law offices of Thomas J.Wa 8 Penn Center - 6th Floor, 1628 JFK Boulevard LLC Philadelphia, PA 19103 TELEPHONE: 215-979-8712 SUPREME COURT ID # 6o494 ATTORNEY FOR: Defendant, outback steakhouse BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy EXHIBIT "A" (Medical) ANY AND ALL (handwritten or typewritten) MEDICAL RECORDS, REPORTS OF ANY KIND, CORRESPONDENCE, MEMORANDA, TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, PHARMACY RECORDS, PRESCRIPTIONS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, AS WELL AS ANY A ALL TREATMENT RECORDS NURSES NOTES PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, PHYSICAL THERAPY RECORDS OR NOTES, RECORDS AND REPORTS OF ANY PSYCHOLOGICAL ORPSYCHIATRIC TREATMENT OR DIAGNOSES, THERAPY, CONSULTATION, DAILY ACTIVITY DJ-AB- THERAPY AND CONSULTATION PERTAINING TO : RE: Sikena Alsbrooks 2122 N. 5" Street Harrisburg, PA 17110 D/O/B: 8/9/1983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 1, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name PAReception\aaalll files\Open Files A-Msbrooks - 2239\Subpoenas\Certificate of Compliance.wpd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS Plaintiff . File No. 5491,2010 vs. OUTBACK STEAKHOUSE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Pennsylvania Department of Public Welfare, 1401 N. 7th St., Bertolino Bldg., 4th Fl. Harrisburg, PA 17105 (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: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: Law Offices of Thomas J. Wagner, LLC 8 Penn Center - 6th Floor, 1628 JFK Boulevard Philadelphia, PA 19103 TELEPHONE: 215-979-8712 SUPREME COURT ID # 6o494 ATTORNEY FOR: Defendant, Outback Steakhouse BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy EXHIBIT "A" (Medical) ANY AND ALL (handwritten or typewritten) MEDICAL RECORDS, REPORTS OF ANY KIND, CORRESPONDENCE, MEMORANDA, TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, PHARMACY RECORDS, PRESCRIPTIONS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, AS WELL AS ANY D ALL TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, PHYSICAL THERAPY RECORDS OR NOTES, RECORDS AND REPORTS OF ANY PSYCHOLOGICAL OR PSYCHIATRIC TREATMENT OR DIAGNOSES, THERAPY, CONSULTATION, DAILY ACTIVITY- DIARIES,- THERAPY AND CONSULTATION PERTAINING TO : RE: Sikena Alsbrooks 2122 N. 5`h Street Harrisburg, PA 17110 D/O/B: 8/911983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name PAReception\aaalll files\Open Files A-J\Alsbrooks - 2239\Subpoenas\Cenificate of Compliancempd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS Plaintiff vs. File No. 5491,2010 OUTBACK STEAKHOUSE nefenri nt SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Harrisburg Hospital, 111 South Front Street, Harrisburg, PA 17101-2010 (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: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: Law offices of Thomas J. Wagner, LLC 8 Penn Center - 6th Floor, 1628 JFK Boulevard Philadelphia, PA 19103 TELEPHONE: 215-979-8712 SUPREME COURT ID # 60494 ATTORNEY FOR: Defendant, outback steakhouse BY THE COURT: Prothonotary, Civil Division Date:_ Seal of the Court Deputy EXHIBIT "A" (Employment) 1. Any and all (handwritten, typewritten, computer or otherwise generated) medical records, reports of any kind, correspondence, memoranda, any and all claim records, adjusters notes, attorneys letters, claim forms, investigation records including photographic or video surveillance, or lay witness), insurance applications, policies, addendums, riders, agency forms or communications, as well as any and all treatment records, nurses notes, progress notes, the original actual diagnostic studies and interpretations, including but not limited to x-rays, MRI, CT scans, thermograms, emg, ekg, etc.; invoices and bills for medical or any other service, patient referral notes, insurance forms, records of payments, records of attendance, physical therapy records or notes, records and reports of any Aiagnoses,_ therapy, consultation; 2. Entire personnel file; 3. Any and all (handwritten, typewritten, computer or otherwise generated) employment records, timesheets, reports of any kind, correspondence, memoranda, discipline and review records, separation, termination, resignation or retirement records, including claims for injuries or any disability, accident or incident reports, any claim records of any kind, earnings and attendance notes, memoranda and reports, vacation requests, insurance forms, records of payments, records and reports of any psychological or psychiatric treatment or diagnoses, therapy or consultation along with every single scrap of paper in the personnel file or in your possession from the beginning of time to the present pertaining to: RE: Sikena Alsbrooks 2122 N. 5`e Street Harrisburg, PA 17110 D/OB: 8/9/1983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 1, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name PAReception\aaalll files\Open Files A-J\Alsbrooks - 2239\Subpoenas\Certificate of Compliance.wpd LAW OFFICES OF THOMAS J.. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876 8 Penn Center,.6th Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 Attorneys for the Defendant, Outback Steak House CUMBERLAND COUNTY V. OUTBACK STEAK HOUSE NO.: 5491,2010 CERTIFICATE-OF SERVICE The undersigned hereby certifies that on the date noted below, a copy of the foregoing Notice of Intent to Serve Subpoenas, was served upon. the following via regular United States mail. to: Joseph J. DiGiovanni, Esquire Kleeman & DiGiovanni, P.C. 1819 John F. Kennedy Boulevard Suite 350 Sterling Commerce Center Philadelphia, PA 19103 LAW OFFICES OF THOMAS J. WAGNER, LLC BY: Sal P Ono, paralegal to THOMAS J. WAGNER, ESQUIRE CHARLES L. MCNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: June 29, 2011 LAW OFFICES OF THOMAS J. WAGNER, LLC Attorneys for the Defendant, By: Thomas J. Wagner, Esquire Outback Steak House Charles L. McNabb, Esquire Attorney Identification No.: 52876/60494 8 Penn Center, 6th Floor ' 1- 1628 John F. Kennedy Boulevard T' Philadelphia, PA 19103 (215) 790-0761 SIKENA ALSBROOKS COURT OF COMMON PLEAS'' `. CUMBERLAND COUNTY V. OUTBACK STEAK HOUSE NO.: 5491,2010 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of the subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Outback Steakhouse states the following: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objections to the subpoenas have been received, (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. LAW OFFICES OF THOMAS J. WAGNER, LLC By: 2J. DECDLau THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated:September 26, 2011 LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876/60494 8 Penn Center, 6`h Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 Attorneys for the Defendant, Outback Steak House SIKENA ALSBROOKS V. OUTBACK STEAK HOUSE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 5491,2010 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Outback Steakhouse, intends to serve subpoenas identical to those 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 these subpoenas. If no objection is made, the subpoenas will be served on the following in twenty (20) days: 1 2 Medicaid Preferred Health Care LAW OFFICES OF THOMAS J. WAGNER, LLC THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: September 6, 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS VS. OUTBACK STEAKHOUSE Plaintiff File No. 5491,2010 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Medicaid, 225 Grandview Ave., 1st Floor, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: Law Offices of Thomas J. Wa 8 Penn Center - 6th Floor. 1628 JFK Bouievard LLC Philadelphia, PA 19103 TELEPHONE: 215-979-8712 SUPREME COURT ID # 604r4 ATTORNEY FOR: Defendant, outback Steakhouse BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy EXHIBIT "A" (Medical) ANY AND ALL (handwritten or typewritten) MEDICAL RECORDS, REPORTS OF ANY KIND, CORRESPONDENCE, MEMORANDA, TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, PHARMACY RECORDS, PRESCRIPTIONS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, AS WELL AS ANY AND ALL TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, PHYSICAL THERAPY RECORDS OR NOTES, RECORDS AND REPORTS OF ANY PSYCHOLOGICAL OR PSYCHIATRIC TREATMENT OR DIAGNOSES, THERAPY, CONSULTATION, DAILY ACTIVITY DIARIES, THERAPY AND CONSULTATION PERTAINING TO : RE: Sikena Alsbrooks 2122 N. 5" Street Harrisburg, PA 17110 D/O/B: 8/9/1983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 1, _ , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name PAReception\aaalll tiles\Open Files A-AAlsbrooks - 2239\Subpoenas\Certificate of Compliance_wpd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS Plaintiff File No. 5491,2010 VS. OUTBACK STEAKHOUSE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Preferred Health Care, Sterling Center 20-D, East Roseville Road, Lancaster, PA 17601 (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: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: Law Offices of Thomas J. Wagner, LLC 8 Penn Center - 6th Floor, 1628 JFK Boulevard Philadelphia, PA 19103 TELEPHONE: 215-979-8712 SUPREME COURT ID # 60494 ATTORNEY FOR: Defendant,0utbackSteakhouse Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy EXHIBIT "A" (Medical) ANY AND ALL (handwritten or typewritten) MEDICAL RECORDS, REPORTS OF ANY KIND, CORRESPONDENCE, MEMORANDA, TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, PHARMACY RECORDS, PRESCRIPTIONS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, AS WELL AS ANY AND ALL TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, PHYSICAL THERAPY RECORDS OR NOTES, RECORDS AND REPORTS OF ANY PSYCHOLOGICAL OR PSYCHIATRIC TREATMENT OR DIAGNOSES, THERAPY, CONSULTATION, DAILY ACTIVITY DIARIES, THERAPY AND CONSULTATION PERTAINING TO : RE: Sikena Alsbrooks 2122 N. 5`h Street Harrisburg, PA 17110 D/O/B: 8/9/1983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 1, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name PAReception\aaalll files\Open Files A-AAlsbrooks - 2239\Subpoenas\Certificate ofCompliance.wpd LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876 8 Penn Center, 6" Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 SIKENA ALSBROOKS v. OUTBACK STEAK HOUSE Attorneys for the Defendant, Outback Steak House COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 5491,2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date noted below, a copy of the foregoing Notice of Intent to Serve Subpoenas, was served upon the following via regular United States mail to: Joseph J. DiGiovanni, Esquire Kleeman & DiGiovanni, P.C. 1819 John F. Kennedy Boulevard Suite 350 - Sterling Commerce Center Philadelphia, PA 19103 L =OFFICE OF THOMAS J. WAGNER, LLC BSal Pastino, paralegal to THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: September 6, 2011 LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876 8 Penn Center, 6`h Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 Attorneys for the Defendant, Outback Steak House SIKENA ALSBROOKS COURT OF COMMON PLEAS CUMBERLAND COUNTY V.. NO.: 5491,2010 OUTBACK STEAK HOUSE CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date noted below, a copy of the foregoing Certificate Prerequisite to Service of Subpoenas, was served upon the following via regular United States mail to: Joseph J. DiGiovanni, Esquire Kleeman & DiGiovanni, P.C. 1819 John F. Kennedy Boulevard Suite 350 - Sterling Commerce Center Philadelphia, PA 19103 LAWFIC"7 THOMAS J. WAGNER, LLC BY: Sal Pastino, paralegal to THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: September 26. 2011 LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876/60494 8 Penn Center, 6`h Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 SIKENA ALSBROOKS V. OUTBACK STEAK HOUSE Attorneys for the Defet, Outback Steak House COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 5491,2010 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of the subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Outback Steakhouse states the following: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objections to the subpoenas have been received, (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. LAW OFFICES OF THOMAS J. WAGNER, LLC By: k-Mcotmu THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: November 14, 2011 LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876/60494 8 Penn Center, 6t' Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 Attorneys for the Defendant, Outback Steak House SIKENA ALSBROOKS COURT OF COMMON PLEAS CUMBERLAND COUNTY V. , NO.: 5491,2010 OUTBACK STEAK HOUSE NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Outback Steakhouse, intends to serve subpoenas identical to those 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 these subpoenas. If no objection is made, the subpoenas will be served on the following in twenty (20) days: South Central Preferred LAW OFFICES OF THOMAS J. WAGNER, LLC By: elo& o ?.-Zf THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: October 11, 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SIKENA ALSBROOKS Plaintiff File No. 5491,2010 vs. OUTBACK STEAKHOUSE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, South Central Preferred, 1803 Mt. Rose Avenue, Suite B-5, York, PA 17403 (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: See Exhibit "A" Attached at Law Offices of Thomas J. Wagner, LLC, 8 Penn Center, 6th Floor, 1628 John F. Kennedy Boulevard, Philadelphia, PA 19103 (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: Charles L. McNabb, Esquire ADDRESS: L.Officesof homaiJ:Wagner,LLC 8 Penn Center - 6th Floor, 1628 JFK Boulevard Philadelphia, PA 19103 TELEPHONE: 215-979-8712 SUPREME COURT ID # <<uH ATTORNEY FOR: Defendant,0utback5teakhouse BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy EXHIBIT "A" (Medical) ANY AND ALL (handwritten or typewritten) MEDICAL RECORDS, REPORTS OF ANY KIND, CORRESPONDENCE, MEMORANDA, TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO. X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, PHARMACY RECORDS, PRESCRIPTIONS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, AS WELL AS ANY AND ALL TREATMENT RECORDS, NURSES NOTES, PROGRESS NOTES, THE ORIGINAL ACTUAL DIAGNOSTIC STUDIES AND INTERPRETATIONS, INCLUDING BUT NOT LIMITED TO X-RAYS, MRI, CT SCANS, THERMOGRAMS, EMG, EKG, ETC.; INVOICES AND BILLS FOR MEDICAL OR ANY OTHER SERVICE, PATIENT REFERRAL NOTES, INSURANCE FORMS, RECORDS OF PAYMENTS, RECORDS OF ATTENDANCE, PHYSICAL THERAPY RECORDS OR NOTES, RECORDS AND REPORTS OF ANY PSYCHOLOGICAL OR PSYCHIATRIC- TREATMENT OR DIAGNOSES, THERAPY, CONSULTATION, DAILY ACTIVITY DIARIES, THERAPY AND CONSULTATION PERTAINING TO : RE: Sikena Alsbrooks 2122 N. 5" Street Harrisburg, PA 17110 D/O/B: 8/9/1983 SS#: 162-64-0495 NOTICE To Records Custodian: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to this Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to.the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, or certify that they cannot be produced for the following reason: Date: Signature Print Name PAReception\aaalll files\Open Files A-J\Alsbrooks - 2239\Subpoenas\Certificate of Compliancempd LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876 8 Penn Center, 6" Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 Attorneys for the Defendant, Outback Steak House SIKENA ALSBROOKS COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO.: 5491,2010 OUTBACK STEAK HOUSE CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date noted below, a copy of the foregoing Notice of Intent to Serve Subpoenas, was served upon the following via regular United States mail to: Joseph J. DiGiovanni, Esquire Kleeman & DiGiovanni, P.C. 1819 John F. Kennedy Boulevard Suite 350 - Sterling Commerce Center Philadelphia, PA 19103 LAW O THOMAS J. WAGNER, LLC BY: 47 Sal Pastino, paralegal to THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: October 11, 2011 LAW OFFICES OF THOMAS J. WAGNER, LLC By: Thomas J. Wagner, Esquire Charles L. McNabb, Esquire Attorney Identification No.: 52876 8 Penn Center, 6th Floor 1628 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 790-0761 SIKENA ALSBROOKS V. OUTBACK STEAK HOUSE Attorneys for the Defendant, Outback Steak House COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 5491,2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date noted below, a copy of the foregoing Certificate Prerequisite to Service of Subpoenas, was served upon the following via regular United States mail to: Joseph J. DiGiovanni, Esquire Kleeman & DiGiovanni, P.C. 1819 John F. Kennedy Boulevard Suite 350 - Sterling Commerce Center Philadelphia, PA 19103 LAW/OFFICES OF BY: J. WAGNER, LLC Sal Passsino, paralegal to THOMAS J. WAGNER, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorneys for Defendant, Outback Steak House Dated: November 14, 2011 SIKENA ALSBROOKS, Plaintiff V. OUTBACK STEAK HOUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-5491 CIVIL TERM IN RE: DEFENDANT OUTBACK STEAKHOUSE'S MOTION TO STRIKE PLAINTIFF, SIKENA ALSBROOKS' RESPONSE TO SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENT #1 AND TO COMPEL A MORE SPECIFIC RESPONSE TO SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENT # I ORDER OF COURT AND NOW, this 10 h day of February, 2012, upon consideration of Defendant's Motion To Strike Plaintiffs Response to Supplemental Request for Production of Document #I and To Compel a More Specific Response to Supplemental Request # 1, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service of this order. BY THE COURT, Christylee . Peck, J. Joseph J. DiGiovanni Esq ` , . Kleeman & DiGiovanni P.C. `= , 1819 John F. Kennedy Boulevard Suite 350-Sterling Commerce Center - Philadelphia, PA 19103 Attorney for Plaintiff Thomas J. Wagner, Esq. Charles L. McNabb, Esq. 8 Penn Center, 6th Floor 1628 John F. Kennedy Boulevard - Philadelphia, PA 19103 ` Attorneys for Defendant a :rc a??e `? ~`f Tf~ ~ ~~~ ~~~ ~~~ N01AR ~' KLEEMAN & DiGIOVANNI, P.C. BY: Joseph J. DiGiovanni, Esquire Identification No. 48724 The Sterling Commerce Center, Suite #350 1819 John F. Kennedy Boulevazd Philadelphia, PA 19103 Telephone: (215) 963-0187 Attorney for Plaintiff SIKENA ALSBROOKS vs. OUTBACK STEAK HOUSE ~'Mt3~p~ A ND C ~'FNNS Y~ ~A N1 qNT Y Z~rZ AUG Zp p~ ~: 5~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA No. 5491- 2010 PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Joseph J. DiGiovanni, Esquire, counsel for Plaintiff Sikena Alsbrooks, in the above action, respectfully represents that: 1. The above captioned matter is at issue. 2. The claim of the plaintiff in the action is for economic damages in the amount of $10,561.00 and unliquidated non-economic damages within the limits of arbitration. The following attorneys aze interested in this case as counsel or otherwise disqualified to si~ as arbitrators: None. ~~+ a~9 ~7 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrator to whom the case shall be submitted. Respectfully submitted, KLE MAN & DiGIOV , P.C. J EP J. Di OVANNI, ESQUIItE A rnev for Plaintiff Dated: 8/2/12 L' c KI MAN dt D�it�V ` ' a Al`T�TI,P.C. BY:JOSEPH J.Di(HOVANNI,ESQUIRE � � �, - 4 Attoway Identification Na: 48724 "T ' : 1819 Jahn F.Kennedy Boulevard , �. Suits 3%Stftfing Comma=Center Piail alphia,Pevmsylvasda 19103 . r:, Telephone No: (215)963-0197 Fax No:(215)587-9269 Attornay€br Plaintiff SIKENA ALSBROOKS IN THB COURT OF COMMON PLEAS OF : CUMBBRLAND COUNTY,PENNSYLVANIA vs. No. 5491-2010 OUTBACK STBAK HOUSE : S1'II'ULATION TO D V M WPFD PK9MICE TO THE PROTHONOTA XY: The maar in difference in the above entitled action having been amicably adjusted and resolved by and the panties, it ie hmby stipulated and agreed tbarZ the ame be hereby dismissed with and coat against wither patty. THOMAS J. Q I Aftmey for Dated: :� Dated 7 ....... ........__ 2013ffijR IS pH 2: 1t KLEEMAN&DiGIOVANNI, P.C. �"�, L BY: Joseph J. DiGiovanni, Esquire PENNSYLVANIA +' Identification No. 48724 AID The Sterling Commerce Center, Suite#350 1819 John F. Kennedy Boulevard Philadelphia, PA 19103 Telephone: (215) 963-0187 Attorney for Plaintiff SIKENA ALSBROOKS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 5491- 2010 OUTBACK STEAK HOUSE ORDER TO MARK THE ARBITRATORS AWARD SATISFIED TO THE PROTHONOTARY: Kindly mark the Arbitrators Award entered in the above captioned matter Satisfied. KLEE & DiGIOVANNI, P.C. BY: hq, eph . DiG ovanni, Esquire Attorney for Plaintiff Dated: 3/7/13/