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HomeMy WebLinkAbout10-6211IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Grace Landis 12 Mooredale Road Carlisle, PA 17015 VS. Defendant(s) & Address(es) Levine Enterprises, Inc. ' 123 S. Pitt Street Carlisle, PA 17013 tba/McDonalds 60 Noble Blvd. Carlisle Case No. _1O - &cl 11 Civil Term Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: C-) rri rrn -0 vn r N) -<? co C3 -0 Ci ?o -jr Issue summons in the above case Writ of Sum ns sh 1 be issued and forwarded to Attorney/Sheriff. /(Mogzo e Date : Signature of o print Name: Stephen J. H g, quire Address: 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 Telephone #: 717-245-2698 Supreme Court ID Number: 36812 • • • • • WRIT OF SUMMONS TO: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLA FF(S) HAS/HAVE rNCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: a rn- -,r- ". M "? C7 C--) D ta.oo Po Alw SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~4a~~tq Af ~st~i~brr/~~D ~~ ~ r ," , . -..- ~~~~~ ~F ° ~~ sw~~rjrF ~~ r~~~ ~~~~ t ~-~~~~ar~~; r° 201 aC~' -6 ~'~~1 2= 27 ~G~~~~C~Lr i~vl:; C~J'J~d~'~~ +~'-~~'~~ S `I~E~'~'~ ~~ S A Grace Landis vs. Case Number Levine Enterprises, Inc. 2010-6211 SHERIFF'S RETURN OF SERVICE 10/04/2010 02:40 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 4, 2010 at 1440 hours, he served a true copy of the within Writ of Summo upon the within named defendant, to wit: Levine Enterprise, Inc., by making known unto Tina Sau r Controller for Levine Enterprise, Inc. at 123 S. Pitt Street, Carlisle, Cumberland County, Pen Ivania 7 13 its contents and a1 the same time handing to her personally the said true and correct cop of sa e. S SHERIFF COST: $33.84 October 05, 2010 N, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (cj Coun'.ySuite SheriTt. Teieosoft. inc. c ~. s.. ~~~ <'~~5 `~ ~.41r'~s'~1 ~~ THOMAS, THOMAS 8 HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 kmcnamara@tthlaw.com Attorneys for Defendant GRACE LANDIS, v. Plaintiff LEVINE ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant in the above matter. Respectfully submitted, THOMAS, THOMAS &HAFER, LLP By: C m ~ Kevin C. McNamara, Esquire Attorneys for Defendant DATE: / D/~~ o 863226-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the ~'` United States mail, postage prepaid, on the 7 day of ©~~ ~~c.y , 2010: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP / ~ C~ Kevin C. McNamara, Esquire 863226-1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 kmcnamara@tthlaw.com Attorneys for Defendant GRACE LANDIS, v. Plaintiff LEVINE ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL TERM JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Plaintiffs and Counsel: You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). 1,~, ~,a C Prot tary 871605.1 ~I~.ED-Q~fIC~ fir" T~~!~= ~'~`'T!~'p~flTARY Lvi-~f'!I(-~ THOMAS, THOMAS 8 HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 7171237-7132 kmcnamara@tthlaw.com Attorneys for Defendant GRACE LANDIS, v. Plaintiff LEVINE ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, DATE: /0 X29 ~~fl THOMAS, THOMAS &HAFER, LLP Kevin C. McNamara, Esquire Attorneys for Defendant 871605.1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the ~~ day of ©~ b ~-W 2010: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: ~ ~~ l/1/~`1~ Kevin C. McNamara, Esquire 871605.1 • GRACE LANDIS, : IN THE COURT OF COMMON Plaintiff : PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA, V. : NO.: 10-6211 : CIVIL ACTION LAW LEVINE ENTERPRISES, INC., Defendants : JURY TRIAL DEMANDED 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 and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 LEGAL HELP. ? -?r 4 -? z 7.0 C CUMBERLAND COUNTY LAWYER REFERRAL SEIC6v ?^t 32 S. Bedford Street '&- Carlisle, Pennsylvania 17013 ;ES Q0 Telephone: (717) 249-3166 >? w o? ,rq -< co 3 NOTICIA Le han demanado a usted en la corte. Si usted quiere defenderse de estes demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Listed puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, SE ENCUENTRA ESCRI A ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LAW OFFICES OF STEPHEN J. HMG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 GRACE LANDIS, Plaintiff V. LEVINE ENTERPRISES, INC., Defendants : IN THE COURT : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION-LAIN : NO. 10-6211 JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff Grace Landis by her Attorney Stephen J. Hogg, Esquire alleging the following: 1. Plaintiff is Grace Landis, is an adult individual currently residing at 12 Mooredale Road, Carlisle, Pennsylvania 17013. 2. The Defendant is Levine Enterprises, Inc. as Pennsylvania Cooperation doing business as a McDonald's Restaurant franchise at 60 Noble Boulevard, Carlisle, Pennsylvania 17013. 3. On or about October 17, 2009, the Plaintiff was lawfully on Defendant's premises as a purchasing food consumer. LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 4. At or about 8:00 a.m. on the above date, the Plaintiff fell on a wet floor in the dining area of the Defendant's aforesaid premises. 5. The Defendant had a duty to maintain its business premises in a reasonably safe condition, a duty to take reasonable steps to remove or correct any dangerous or hazardous condition and a duty to warn those lawfully on the premises including Plaintiff of the aforesaid dangerous and hazardous condition. 6. The Defendant breached its duties as aforesaid such breach causing Plaintiff to suffer severe and permanent personal injuries in the form of a fractured right femur, past, present and future medical expenses and past lost wages. 7. The Defendant knew or should have known its failure to maintain its premises by ensuring that water or other liquids did not gather on the floor surface could constitute a dangerous or hazardous condition and could cause an unreasonable risk of harm to those lawfully on the premises, including the Plaintiff. 8. Defendant further breached its duty to Plaintiff by failing to warn those lawfully on the premises, including Plaintiff, of the dangerous and hazardous condition of the wet floor. LAW OFFICES OF STEPHEN J. HMG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Wherefore, the Plaintiff demands judgment in its favor and against Defendant in an amount in excess of the statutory arbitration limit. Respectfully Submitted, Stephen J. Hgfrg,#£squire Attorney for Plaintiff 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 Attorney ID# 36812 Date: LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VERIFICATION I verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904, relating to unsworn falsifications to authorities. Date: 4CE46NDIS LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Complaint by United States Mail, postage pre-paid, addressed the following: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Stephen J. Hog , quire Attorney for Plaint' 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 FIEU- 0M C F THE FROTNONOTAM 1010 `,C 28 F1,1 3* 56 CLI E?E PESYL? ASA?T? THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 kmcnamara@tthlaw.com Attorneys for Defendant GRACE LANDIS, V. Plaintiff LEVINE ENTERPRISES, INC., Defendant TO: Plaintiff and Counsel: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, DATE: THOMA , THOMAS & HAFER, LLP By: Yr ` j Kevin C. McNamara, Esquire Attorneys for Defendant 888108-1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 kmcnamara@fthlaw.com Attorneys for Defendant GRACE LANDIS, V. Plaintiff LEVINE ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.. 10-6211 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, by its attorneys, Thomas, Thomas & Hafer, LLP, and answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who she says she is. 2-4. Admitted. 5. These allegations represent conclusions of law to which no response is required. 6. Denied pursuant to Pa.R.C.P. 1029(e). 7-8. Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, to the best of Defendant's knowledge, there was no water or other liquid on the restaurant floor surface at the time Mrs. Landis fell. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed without cost to it. NEW MATTER 9. To the best of the Defendant's knowledge, there was no slippery or dangerous condition of the restaurant floor that did or may have caused the Plaintiff to fall. 10. The Defendant had no notice or knowledge, either actual or constructive, of any slippery or dangerous condition on the premises at or before the Plaintiff fell. 11. No acts or failures to act on the part of the Defendant were a substantial factor or factual cause in bringing about the incident set forth in Plaintiff's Complaint. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed without cost to it. DATE: f o;?y 7/0 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: VLIC-",-Vq"VVa,? Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O„ Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant 888108-1 2 VERIFICATION fi??tt,,,? I, _y? c`?I^? LV ?...c, , state that I am an authorized representative of LEVINE ENTERPRISES, INC., that I make this Verification on behalf of LEVINE ENTERPRISES, INC., and that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. LE' By DATE: 1571-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the??lowing persons by placing same in the United States mail, postage prepaid, on the ?-? day of Lc,e-WW , 2010: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: F C Kevin C. McNamara, Esquire 888108-1 3 THOMAS, THOMAS & HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 TEE Pi'01HON'OTA' D I I IIJAY -3 A 11: v5) CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant GRACE LANDIS, Plaintiff Defendant V. LEVINE ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John F. Yaninek, Esquire of Thomas, Thomas & Hafer, LLP, on behalf of Defendant, Levine Enterprises, Inc., in the above-captioned matter. Respectfully Submitted, THOMAS, THOMAS & HAFER, LLP By: ?1t/fiK_? PA F. Y ' e Esquire Attorney ID #55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-3952 Attorneys for Defendant Date: May 2, 2011 CERTIFICATE OF SERVICE I, Angela A. Kelly, an employee of law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copies of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, and addressed as follows: Stephen J. Hogg, Esquire 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 THOMAS, THOMAS & HAF R, LLP By: Angela,. Kelly Date: May 2, 2011 939525.1 THOMAS, THOMAS & HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Attorney for Defendant GRACE LANDIS, Plaintiff V. LEVINE ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY434AT91 A NO. 10-6211 XM ,,,r CIVIL ACTION - LAW w 55 r JURY TRIAL DEMANDED zC z" -n =" C= rn CERTIFICATE PREREQUISITE TO ISSUANCE OF SUBPOENAS PURSUANT TO RULE 4009.22 TO: David Buell, Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. No objections to the subpoena issued have been made; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP Date: $' , 2011 B . A orney for Defe t THOMAS, THOMAS & HAFER LLP John F. Yamnek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717)237-7100 GRACE LANDIS, Plaintiff V. LEVINE ENTERPRISES, INC., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL, DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - TO: Stephen J. Hogg, Esquire 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objections to this subpoena. If no objections are made, the subpoena will be served. THOMAS, THOMAS & HAFER, LLP Date: August Z , 2011 B F. Ya 'ne ,Esquire Attorney for e endant THOMAS, THOMAS ,& HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17105 (717) 237-7100 GRACE LANDIS, Plaintiff V. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW LEVINE ENTERPRISES, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, SmartMed 233 East High Street Carlisle PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete printout of all prescriptions and bills pertaining to Grace Landis, SS #207-22-0726, DOB 12/5/30 from 10/17/04 to the present to: Thomas Thomas & Hafer LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division 974079.1 Deputy THOMAS, THOMAS & HAFEIZ LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 GRACE LANDIS, Plaintiff V. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW LEVINE ENTERPRISES, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Weis Markets 351 East Hish Street Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete printout of all prescriptions and bills pertaining to Grace Landis SS #207-22-0726 DOB 12/5/30 from 10/17/04 to the present to: Thomas, Thomas & Hafer, LLP 305 N Front St P .O. Box 999. Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOVdING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: 974074.1 Seal of the Court Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Attorney for Defendant GRACE LANDIS, Plaintiff V. LEVINE ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Walmart60 Noble Boulevard, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of the entire employment/personnel file regarding Grace Landis SS #207-22-0726 DOB: 12/5/30 including but not limited to: all records documenting her position all medical records correspondence, workers compensation records notes payroll slips wage information application for employment, grievances, performance reviews, job description documents prepared for any and all accidents involving Plaintiff while working W2s etc to: Thomas Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court 974056.1 Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER LLP .John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 GRACE LANDIS, Plaintiff V. LEVINE ENTERPRISES, INC., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Ingenix Subrogation Services, 12125 Technology Drive, Eden Prarie, MN 55344 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all medical records pertaining to Grace Landis, SS #207-22-0726 DOB 12/5/30, includinl4 but not limited to: medical records, evaluations. consultation reports nursing notes therapy notes progress notes records of other health care providers reports of diagnostic studies correspondence and bills from 10/17/04 to the present to: Thomas Thomas & Hafer LLP. 305 N. Front St., P.O. Box 999, Harrisbury, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 974047.1 THOMAS, THOMAS & HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Boa 999 Harrisburg, PA 17105 (717) 237-7100 GRACE LANDIS, Plaintiff V. LENT NE ENTERPRISES, INC., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Kinetic Imaging. 4520 Union Deposit Road, Harrisburg, PA 17111 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all medical records pertaining to Grace Landis, SS #207-22-0726 DOB 12/5/30 including but not limited to: medical records, evaluations, consultation reports nursing notes therapy notes progress notes records of other health care providers reports of diagnostic studies correspondence and bills from 10/17/04 to the present to: Thomas, Thomas & Hafer, LLP 305 N Front St.. P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 974044.] THOMAS, THOMAS S HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717)237-7100 Attorney for Defendant GRACE LANDIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-6211 v. LEVINE ENTERPRISES, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, James A. Oliverio, M.D., Appalachian Orthopedic Center, 1 Dunwoody Drive, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete cry of all medical records pertaining to Grace Landis, SS #207-22-0726, DOB 12/5/30, including but not limited to: medical records, evaluations, consultation reports nursing notes, therapy notes, progress notes, records of other health care providers, reports of diagnostic studies correspondence and bills from 10/17/04 to the present to: Thomas Thomas & Hafer LLP. 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 974030.1 THOMAS, THOMAS & HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 GRACE LANDIS, Plaintiff V. LEVINE ENTERPRISES, INC., Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Kenneth Guistwite M.D. Guistwite Family Practice, 522 South Pitt Street Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all medical records pertaining to Grace Landis, SS #207-22-0726 DOB 12/5/30 including but not limited to: medical records, evaluations, consultation reports nursing notes therapy notes progress notes records of other health care providers, reports of diagnostic studies correspondence and bills from 10/17/04 to the present to: Thomas, Thomas & Hafer, LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court 973306.1 Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER LLP John F. Yaninek, Esquire Iclentification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717)237-7100 Attorney for Defendant GRACE LANDIS, Plaintiff N/. LEVINE ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Workers' Compensation, 1171 S. Cameron Street, Room 103, Harrisburg, PA 17164 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all worker's compensation documents regarding Grace Landis SS #207-22-0726, DOB: 12/5/30 without limitation,_ including, but not limited to: correspondence. application for benefits, summary of benefits received, determinations, findings, medical records bills IME reports, Peer Review reports, physician statements, wage verifications, statements payment history information hearing transcripts and orders filed at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON : NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Sea] of the Court 973303.1 Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17105 (717) 237-7100 Attorney for Defendant GRACE LANDIS, Plaintiff v. LEVINE ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Carlisle Regional Medical Center Billiu Dg rt 361 Alexander Sig Drive. P.O. Box 4100, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all total, itemized bills pertaining to Grace Landis SS #207-22-0726, DOB 12/5/30 from 10/17/04 to the present to: Thomas Thomas & Hafer LLP 305 N. Front St., P.O. Box 999. Harrisburg PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division 974062.1 Deputy THOMAS, THOMAS & HAFER LLP John F. Yaninek, Esquire Identification Number: 55741 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Attorney for Defendant GRACE LANDIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. LEVINE ENTERPRISES, INC., Defendant NO. 10-6211 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Carlisle Regional Medical Center, 361 Alexander Spring Drive, P.O. Box 4100, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all medical records pertaining to Grace Landis, SS #207-22-0726 DOB 12/5/30 including but not limited to: medical records, evaluations, consultation reports nursing notes therapy notes progress notes records of other health care providers reports of diagnostic studies correspondence and bills from 10/17/04 to the present to: Thomas, Thomas & Hafer, LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 974033.1 CERTIFICATE OF SERVICE 1, Deborah A. Tamny, a Paralegal for the law firrn Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Stephen J. Hogg, Esquire 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Deborah A. Tamny, Parale 1 Dated: August 2 , 2011 974081.1 CERTIFICATE OF SERVICE I, Deborah A. Tamny, a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP 1 Dffo-rah A. Tamny, Par legal Dated: 2011 982982.1 GRACE LANDIS Plaintiffs LEVII?NTERPRISES, INC. Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 6211-10-2010 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constit ion. of this Commonwealth and that we will discharge the duties of our office with fidelity. 11AZI A4?? Signature Signat a Signatu e Wayne M. Pecht Name (Chairman) Pecht & Associates, PC Law Firm 1205 Manor Drive, Suite 200 Address George F. Douglas, III Name Salzmann Hughes Law Firm Alyssa A. Adams, Esquire Name Marcella & Kivisto, LLC Law Firm 354 Alexander Spring Road, Suite 1 1200 Walnut Bottom Road Address Address Mechanicsburg, PA 17055 Carlisle, PA 17015 Carlisle, PA 17015 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: March 22, 2012 Date of Award: ?Ul w' r-?? Z Z? Zo! .Y Wayne M. Pecht, Esquire (Cil (Chairman) George F. Dougla , III, #squire Alyssa A. Adams, Esquire Notice of Entry of Award Now, the rJrD-" day of N4te4 , 2012, at 4 M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitra '.c in atio o be paid upon appeal: Prothonotary By: Deputy fl,(2 MAR 22 A C.UM6ERLA4{''LJ a iaG ? ?pl?eil GRACE LANDIS, Plaintiff VS LEVINE ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1a- 6?L NO. 6 - - NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: c _? A Ch ? a° a =C) --? c n Notice is given that Plaintiff Grace Landis _ appeals from thw. award of the board of arbitrators entered in this case on March 22, 2012 A jury trial is demanded El. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that ?1. the compensation of the arbitrators has been paid, or 172. application has been made for permission to proceed in forma pauperis. __,1 Q ,? av 7 71: (Strike out the inapplicable clause.) Stephen J. Hogg, Esq. Appel lart or Attorney r ppellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. /icv ch /490 kA 7 7gO?Y a THOMAS, THOMAS & HAFER, LLP John F. Yaninek, Esquire PA Attorney ID #55741 305 North Front Street, 6tb Floor PO Box 999 Harrisburg, PA 17108-0999 717-441-3952 jyaninek@tthlaw.com i 11?f J'i+'. i "U,v _9 PF 2: 1'-MBERLAND COUNT' PENNSYLVANIA Attorneys for Defendant/Appellee GRACE LANDIS, V. IN THE COURT OF COMMON PLEAS Plaintiff/Appellant CUMBERLAND CO., PENNSYLVANIA LEVINE ENTERPRISES, INC., NO. lo-6211 CIVIL ACTION - LAW Defendant/Appellee I JURY TRIM. DEMANDED DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Pursuant to Rule 1007.1, Defendant/Appellee hereby demands a jury trial in this Appeal of Arbitrators' Award. THOMAS, THOMAS & HAFER, LLP By: o F. Yani Esquire ounsel for Defendant/Appellee Date: May 7, 2012 CERTIFICATE OF SERVICE I, Angela A. Kelly, an employee of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant/Appellee, hereby certify that I have this day served the within Demand for Jury Trial by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP A. Date: May 7, 2012 io8625o.1 GRACE LANDIS, IN THE COURT OF,COMMON PLEAS Plaintiff CUMBERLAND'CO:, PENNSYLVANIA V. NO. lo-6211 LEVINE ENTERPRISES, INC., CIVIL ACTION= LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO MARK ACTION SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued, and ended. Stephen J. Ho ; squire 1g South Hanover Street, Suite 1o1 Carlisle, PA 17013 Counsel for Plaintiff C= ....._ Date: M D Cr "•CQ a r E- - •F CERTIFICATE OF SERVICE I, Angela A. Kelly, an employee of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant/Appellee, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen J. Hogg, Esquire 19 South Hanover Street,.Suite lol Carlisle, PA 17013 THOMAS,THOMAS&HAFER, LLP An ela A. Kelly Date: June 5, 2013