HomeMy WebLinkAbout10-7362IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs
vs.
SHERYLENE BROWN, individually, and
JESSE FRAZIER d/b/a JESSE MAGIC CITY,
and KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC., and
KURT WEISS GREENHOUSE Inc.
Defendants
NO. 2olo-sU- ~ 3(~ a
JURY TRIAL DEMANDED
COMPLAINT
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AND NOW, this! day of November , 2010, come the Plaintiffs, John Swal and his wife,
Sandra Grace Swal through and by their attorney, DOUGLAS R. BARE, ESQUIRE, and file the
following Complaint:
1. The Plaintiffs, John Swal and his wife, Sandra Grace Swal, are adult citizens of the
State of South Carolina currently residing at 1316 Lighthouse Drive, N. Myrtle Beach
South Carolina, 29582.
2. The Defendant, Sherylene Brown (hereinafter called "Defendant Brown"), is an adult
citizen of the State of South Carolina currently having a mailing address at 8826 Old
State Road, P.O. Box 268, Holly Hill, South Carolina 29059-8710.
3. The Defendant, Jesse Frazier d/b/a Jesse Magic City (hereinafter called "Defendant
Frazier"), is a business entity having its principal place of business located in the
State of Georgia, 962 Murphy Avenue SW, Atlanta, Georgia 30310. Mr. Jesse
Frazier's registered mailing address is 5921 Rockland Road, Lithonia, GA 30038.
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4. The Defendant, KURT WEISS GREENHOUSES OF PENNSYLVANIA, Inc, is
a Pennsylvania business corporation with a registered corporate address of 10 Arcos
Road, (Rt 60 & 54)PO Box C, Mt. Carmel, Northumberland County, Pennsylvania
17851. The Defendant KURT WEISS GREENHOUSE Inc. has a place of
business located in the State of New York, P.O. Box 641, 95 Main Street, Center
Moriches, NY 11934. Defendant KURT WEISS GREENHOUSE Inc has business
facilities at 233 PP & L Road, Danville, Pennsylvania 17821. The Defendants
include any other unknown related businesses and subsidiaries. (hereinafter called
"Defendant Weiss")
5. The facts and occurrences hereinafter related took place on or about Tuesday, May
5, 2009 at approximately 1:21 p.m. in or around the southbound lanes of Interstate
81, Cumberland County, Dickinson Township, Pennsylvania (hereinafter called "I
81 ") approximately 2 tenths of a mile from Shagbark Lane exit.
6. Plaintiff Sandra Grace Swal was the operator of a 2009 Chevrolet Malibu owned by
Hertz Rental bearing North Carolina registration number Y?'N5353. Her husband,
John Swal was a front seat passenger.
7. Defendant Brown was the operator of a 1999 Freightliner Tractor Trailer
combination with a Great Dane trailer hauling goods inside the tractor trailer
combination which where commodities regulated by the Interstate Commerce
Commission.("ICC')
8. Defendant. Frazier d/b/a Jesse Magic City owned the truck tractor bearing Georgia
registration number 1C37B7 operated by its agent Defendant Brown.
9. At all times relevant hereto, Defendant Frazier and/or Defendant Weiss owned the
2
Great Dane semi- trailer Georgia registration number LE9673C which was attached
to the truck tractor combination operated by its agent Defendant Brown.
10. At all times relevant hereto, Defendant Weiss hiredDefendants Brown and Frazier
and owned the contents and goods inside the tractor trailer combination which where
commodities regulated by the Interstate Commerce Commission.("ICC')
11. At all times relevant hereto, it was daylight, there were no adverse weather
conditions and the road surface was dry.
12. The Plaintiffs, as out-of--state residents, are entitled to full tort rights under
Pennsylvania Law.
13. The damages, as described in detail hereinafter, are in excess of all jurisdictional
amounts and a jury trial is hereby demanded.
COUNT I -NEGLIGENCE
SANDRA GRACE SWAL
VS. SHERYLENE BROWN
14. Paragraphs one (1) through thirteen (13) are incorporated by reference as if set forth
fully hereunder.
15. While Plaintiff, Sandra Grace Swal, was traveling in the right, southbound lane of
the I 81, Defendant Brown, negligently, and carelessly caused her tractor trailer
combination to physically impact onto Plaintiff Sandra Grace Swal's car, causing the
Plaintiffs vehicle to veer out of control into the center median and into the
northbound lanes before being struck by oncoming vehicles.
3
16. Said accident was directly and proximately caused by the negligence and carelessness
of Defendant Brown which consisted of, but was not limited to, the following:
a) Driving the said tractor/trailer vehicle with careless disregard for the safety
of persons or property in violation of 75 Pa.C.S.A. § 3714;
b) Failing to have the tractor/trailer vehicle under proper control so as to prevent
the same from colliding with Plaintiff Sandra Grace Swal's vehicle;
c) Failing to keep a proper lookout for other vehicles lawfully on the road;
d) Failing to operate said tractor trailer combination vehicle with due regard for
the highway and traffic conditions which were existing and of which she was
or should have been aware;
e) Failing to take evasive action in order to avoid impacting Plaintiff Sandra
Grace Swal's vehicle;
f) Turning or moving the said tractor trailer combination vehicle from one
traffic lane to another before the movement could be made with reasonable
safety and without giving an appropriate signal, thereby violating 75
Pa.C.S.A. § 3334; and
g) Failing to drive the said tractor trailer combination vehicle as nearly as
practicable entirely within a single lane and moving from her lane of travel
before she first ascertained that the movement could be made with safety,
thereby violating 75 Pa.C.S.A. § 3309.
h) Improperly operating her vehicle while her ability or alertness was impaired
or likely to be impaired, by fatigue which made it unsafe to operate her
commercial vehicle in violation of Federal and Pennsylvania regulations and
4
laws 49 CFR 392.3., 67 PA code et al., as adopted pursuant to Title 75 PA.
C.S.A. § 6103 (c).
i) Improperly exceeded her maximum on duty restrictions in violation of
Federal and Pennsylvania regulations and laws, 49 CFR 395.(a)(2)., 67 PA
Code et al., as adopted pursuant to Title 75 Pa. C.S.A. § 6103 (c).
j) Unsafely operating her commercial vehicle and was on duty for an excessive
period of time prior to the impact which caused fatigue, lowered response
time, lack of alertness, and unsafe driving.
k) Failed to possess the required knowledge of safe operation of a commercial
vehicle regarding the effects of fatigue, impaired visibility, road conditions,
control of vehicle, and for safe commercial vehicle operations in violation of
Federal and Pennsylvania regulations and laws, 49 CFR 383.111, 67 Pa.
Code et al., as adopted pursuant to Title 75 Pa. C.S.A. § 6103 (c).
1) Improperly failed to maintain the tractor trailer combination vehicle in a safe
and proper condition and operated the vehicle in an unsafe working order in
violation of Federal and Pennsylvania regulations and laws, 49 CFR 392.7,
as amended.
(m) Failed to properly inspect the tractor trailer combination prior to and during
operation in violation of Federal and Pennsylvania regulations and laws, 49
CFR 396.13, as amended.
(n) Failed to properly report the results of the inspections in violation of Federal
and Pennsylvania regulations and laws, 49 CFR 396.11, as amended.
5
(p) Operating the tractor trailer combination when it was in an unsafe condition
as to likely cause an accident in violation of Federal and Pennsylvania
regulations and laws, 49 CFR 396.7, as amended.
17. The Defendants negligent and careless conduct was the legal cause of the Plaintiffs'
injuries and damages.
18. As a direct and proximate result of Defendants negligence and carelessness, Plaintiff
Sandra Grace Swal has sustained permanent personal injuries to her right lower
extremity, chest, ribs and wrist resulting in serious impairment of bodily function
which include the following:
a) Injuries consisting of:
1. Broken Right highly comminuted calcaneal fracture with impaction
of the posterior facet of posterior subtalar joint requiring open
reduction internal fixation surgery on May 21, 2009
2. Surgery consisted of a 30 ml bone crouton transplant; a plate calclock
STD right; 3.4 x 26 ortho flex screw non-locking; screw calclock
locking 28 mm orthoflex; screw locking bone 26 mm orthoflex and
a right lower 4x4 splint.
3. Fracture blister over the lateral mallelus.
4. Right Chest wall injury
5. Breast injury
6. Hematomas on face, chin, neck and severe bruises on body and
abdomen.
7. Limited physical activities including non- weight bearing abilities
requiring walking aids.
6
8. Calcified fracture with Achilles Tendonitis and Plantar Fasciitis.
9. Medical treatment including hospitalization and rehabilitation and
extended physical therapy and recovery.
b) Past, present and future pain and suffering;
c) Loss of life's pleasures; and
d) Disfigurement.
19. As a direct and proximate result of the Defendants negligence and carelessness,
Plaintiff Sandra Grace Swal has suffered, is suffering, and in the future will continue
to suffer financial injuries which include, but are not limited to, the following:
a) Past, present, and future medical expenses which have or may in the
future exceed applicable legal limits;
b) Incidental costs resulting from dealing with said injuries; and
c) Loss of earnings and earning capacity,
WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter Judgment
against Defendant Brown for unliquidated compensatory and general damages, plus costs and
interest as allowed by law.
COUNT II -NEGLIGENCE
JOHN SWAL vs. SHERYLENE BROWN
20. Paragraphs one (1) through nineteen (19) are incorporated by reference as if set forth
fully hereunder.
21. As a direct and proximate result of Defendant's Brown's negligence and
carelessness, Plaintiff, John Swal, has sustained personal injuries resulting in serious
permanent impairment of bodily function which include the following:
7
a) John Swal's injuries include:
1. Right inferior orbital floor fracture (eye) with entrapment of
periorbital fat
2. Left Wrist fractures include:
2a. Small radial styloid tip fracture,
2b. Volar lip fracture of distal radius
2c. Fracture of Left scaphoid waist
2d. Hook of the hamate base fracture
2e. Dorsal avulsion fracture involving the base of the 2na
metacarpal and the third CMC joint.
3. Right Knee:
3a. Subchondral fracture involving the anterior aspect of the
lateral tibial plateau without significant depression of the
articular surface
3b. Prepatellar edema/hematoma
3c. Grade 2 strain injury of proximal fibular collateral ligament
3d. Complex tearing involving posterior horn and body of medial
meniscus
3e. Tricompartmental chondrosis
4. Left Knee - tricompartmental chondrosis
5. Compression fractures of T2, L2 and L4 vertebraes
6. Chest Wall injury
7. Miami J Hard collar was required to be worn for a extended period.
8. Thoracic Lumbar Sacral Orthotic brace
8
9. Left wrist soft cast required to be worn for extended period
10. Medical devices used for mobility
11. Platform walker
12. Difficulty walking; range of motion deficit of lumbar spine requiring
physical therapy treatments.
13. Hospitalized and special medical treatment from May 5, 2009
through May 28, 2009
14. Closed head injury including loss of cognitive function and memory
15. Prescription Medications:
Nexium, Novolog, Dulcolax Suppositories, Senokot, Lovenox to
prevent Deep Vein Thrombosis, Lantus, Metformin, Allopurinol,
Hydrochlorothiazide, Valsartan, Cardizem, Dgoxin, Percocet,
Oxycontin, Coreg, Diovan, Diltiazem, Vitamin C, Aspirin, Lidoderm
Patch, and Neurontin
b) Past, present, and future pain and suffering and mental anguish;
c) Loss of life's pleasures;
d) An impairment of health and sense of well being; and
e) Disfigurement.
22. As a direct and proximate result of Defendant Brown's negligence and carelessness,
Plaintiff, John Swal has suffered, is suffering, and in the future will continue to suffer
financial injuries which include the following:
a) Past, present, and future medical expenses which have or may in the
future exceed applicable legal limits;
b) Incidental costs resulting from dealing with said injuries; and
c) Loss of earnings and earnings capacity
9
WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter Judgment
against all Defendants for unliquidated compensatory and general damages, plus costs and interest
as allowed by law.
COUNT III
JOHN SWAL and SANDRA GRACE SWAL VS.
JESSE FRAZIER d/b/a JESSE MAGIC CITY
23. Paragraphs one (1) through twenty three (23) are incorporated by reference as if set
forth fully hereunder.
24. At all times relevant hereto, Defendant Frazier employed, controlled, directed,
regulated, supervised, advised, promoted, and influenced the conduct and activity of
Defendant Brown.
25. Defendant Frazier is vicariously and statutorily liable for the conduct and actions of
its employee or agent Defendant Brown under the Federal Motor Carrier Safety
Regulations, Federal and Pennsylvania laws
26. The Plaintiffs' suffered injuries, as described herein, as a direct result of the
Defendants Frazier carelessness and negligence, which include the following:
(a) Failed to properly maintain the commercial tractor trailer combination in a
safe operable condition.
(b). Failed to properly train and supervise its employed drivers and agents.
(c) Failed to properly inspect the tractor trailer combination prior to and during
operation in violation of Federal and Pennsylvania regulations and laws, 49
CFR 396.13, as amended.
10
(d) Failed to properly report the results of the inspections in violation of Federal
and Pennsylvania regulations and laws, 49 CFR 396.11, as amended.
(e) Permitted the operating of the tractor trailer combination when it was in an
unsafe condition as to likely cause an accident in violation of Federal and
Pennsylvania regulations and laws, 49 CFR 396 et al, as amended.
(f) Permitted and should have known of ,Defendant Brown's careless conduct
as averred in paragra;~h sixteen, in violation of Federal and Pennsylvania
regulations and laws, 49 CFR 395.3 and 390.11, as amended.
(g) Permitted the operating and maintained the tractor trailer combination when
its tires where in an unsafe condition as to likely cause an accident in
violation of Federal and Pennsylvania regulations and laws, 49 CFR 396 et
al, as amended.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter Judgment
against Defendant Frazier for unliquidated compensatory and general damages, plus costs and
interest as allowed by law.
THIS AREA OF PAGE INTENTIONALLY LEFT BLANK
11
COUNT IV
JOHN SWAL and SANDRA GRACE SWAL VS.
DEFENDANT WEISS
28. Paragraphs one (1) through twenty seven (27) are incorporated by reference as if set
forth fully hereunder.
29. At all times relevant hereto, Defendant Weiss employed, controlled, directed,
regulated, supervised, advised, promoted, and influenced the conduct and activity of
Defendants Brown and Frazier.
30. Defendant Weiss is vicariously and statutorily liable for the conduct and actions of
its employee or agent Defendants Brown and Frazier under the Federal Motor Carrier
Safety Regulations, Federal and Pennsylvania laws, including ICC regulations 49
CFR 1057 et al.
31. Permitted the operation of the tractor trailer combination when it was in an unsafe
condition as to likely cause an accident in violation of Federal and Pennsylvania
regulations and laws, 49 CFR 396 et al, as amended.
32. Permitted and should have known of Defendant Brown's careless conduct as averred
in paragraph sixteen, in violation of Federal and Pennsylvania regulations and laws,
49 CFR 395.3 and 390.11, as amended.
33. Permitted the operation of the tractor trailer combination when its tires where in an
unsafe condition as to likely cause an accident in violation of Federal and
Pennsylvania regulations and laws, 49 CFR 396 et al, as amended.
34. Failed to properly supervise and control Defendants Brown and Frazier.
12
WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter Judgment
against Defendant Weiss for unliquidated compensatory and general damages, plus costs and interest
as allowed by law.
Respectfully submitted,
Date: I1- ~3_ Zal6
Bare, F~ re
I.D. # 43877
Attorney for Plaintiffs
35 South Queen Street
York, Pennsylvania 17403
(717) 854-1900
13
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN SWAL, and his. wife
SANDRA GRACE SWAL,
Plaintiffs
vs.
SHERYLENE BROWN, individually, and
JESSE FRAZIER d/b/a JESSE MAGIC CITY,
and KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC., and
KURT WEISS GREENHOUSE Inc.
Defendants
NO. 2010-511-
JURY TRIAL DEMANDED
VERIFICATION
We verify that the statements made in this COMPLAINT aze based upon information which
we have given to counsel, it is true and correct to the best of my knowledge, information and belief.
We understand that false statements herein are made subject to penalties of 18 PA C.S. §4904,
relating to unsworn falsif cation to authorities.
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John .
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Sandra Grace Sw 1
FILED-OFFICE
OF THE PROTHONOTARY
McCORMICK & PRIORE, P.C.
By: Stephen M. McManus, Esquire
Attorney ID No: 46814
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
(T) 215-664-4004
(F) 215-664-4005
email: smcmanusnmccormickpriore.com
2010 DEC 28 AM 11= 54
CUMBERLAND COUNTY
PEXN`Brty Qefendant,
Kurt Weiss Greenhouses.
JOHN SWAL,
And
SANDRA GRACE SWAL
V.
KURT WEISS GREENHOUSE, INC., et al
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 2010-SU-7362
ENTRY OF APPEARANCE
Kindly enter the appearance of Stephen M. McManus, Esquire on behalf of defendant,
Kurt Weiss Greenhouses, in the above-captioned matter.
McCORMICK & PRIORE, P.C
BY:
?f'epe i M. McManus, Esquire
ttorney for Defendant,
Kurt Weiss Greenhouses
DATED: December 21, 2010
MCCORMICK & PRIORS
ATTORNEYS AT LAW
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
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Jody S Smith ' 4
1 006 PH 31- 5
Chief Deputy 1
Richard W Stewart ?ii ?? sf ?
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Solicitor JV
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John Swal (et al.)
Case Number
vs.
Sherylene Brown (et al.)
2010-7362
SHERIFF'S RETURN OF SERVICE
12/01/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return
receipt requested to Sherylene Brown.
12/01/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return
receipt requested to Jesse Frazier d/b/a Jesse Magic City.
12/01/2010 Oh this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return
receipt requested to Kurt Weiss Greenhouses, Inc.
12/01/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return
receipt requested to Kurt Weiss Greenhouses of Pennsylvania, Inc.
12/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within
Complaint and Notice upon the within named defendant, Kurt Weiss Greenhouses of Pennsylvania, Inc.,
in the following manner: On December 1, 2010 the Sheriff mailed by certified mail, return receipt
requested a true and correct copy of the within Complaint and Notice to the defendant's last known
address of 10 Acros Road, P.O. BOX C, Mt. Carmel, Pennsylvania 17851. The certified mail return
receipt card was received by the Cumberland County Sheriffs Office signed by Virginia Hoffman on
December 2, 2010.
12/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within
Complaint and Notice upon the within named defendant, Kurt Weiss Greenhouses, Inc., in the following
manner: On December 1, 2010 the Sheriff mailed by certified mail, return receipt requested a true and
correct copy of the within Complaint and Notice to the deefendant's last known address of P.O. BOX 641,
95 Maint Street, Center Moriches, New York 11934. The certified mail return receipt card was received by
the Cumberland County Sheriffs Office signed by and adult in charge on December 6, 2010.
12/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within
Complaint and Notice upon the within named defendant, Jesse Frazier d/b/a Jesse Magic City, in the
following manner: On December 1, 2010 the Sheriff mailed by certified mail, return receipt requested a ?
true and correct copy of the within Complaint and Notice to the de of nc ant's last known address of 5921
Rockland Road, Lithonia, Georgia 30310. The certified mail return receipt card was received by the
Cumberland County Sheriff's Office signed by and adult in charge on December 9, 2010.
01/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within
Complaint and Notice upon the within named defendant, Sherylene Brown, in the following manner: On
December 1, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of y
the within Complaint and Notice to the defendant's last known address of 8826 Old State Road, P.O. BOX
268, Holy Hill, South Carolina 29059-8710. The certified mail return receipt card was received by the
Cumberland County Sheriff's Office as return to sender after several attempts on January 14, 2011.
SHERIFF COST: $106.72
January 14, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
NO. 2010-SU-7362
Plaintiffs
VS.
SHERYLENE BROWN, individually, and
JESSE FRAZIER d/b/a JESSE MAGIC CITY,
and KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC., and
KURT WEISS GREENHOUSE Inc.
Defendants
JURY TRIAL DEMANDER
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NOTICE TO DEFEND AND CLAIM RIGHTS
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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 notice and pleading 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 pleading 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
Cumberland County Bar Association
Cumberland Law Journal
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166 Fax: 717-249-2663
Toll Free (in PA): 1-800-990-9108
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400 or (800) 822-5288 / Fax: (717) 243-8026
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs
VS.
SHERYLENE BROWN, individually, and
JESSE FRAZIER d/b/a JESSE MAGIC CITY,
and KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC., and
KURT WEISS GREENHOUSE Inc.
Defendants
AVISO
NO. 2010-SU-7362
JURY TRIAL DEMANDED
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las demandas que
se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dial
despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrit y radicando en la Corte par escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe
anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la
demanda o cualquier otra reclacion o remedio solicitado por el demandante puede ser dictado en contra suya
por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEQUIDA, SI USTED NO
TIENE UN ABOGADO, VAYA O LLAME FOR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA
OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO.
Cumberland Bar Association
Cumberland Law Journal
32 Sur Bedford Street
Carlisle, PA 17013
717-249-3166 Fax: 717-249-2663
Toll Free (in PA): 1-800-990-9108
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUDEAN OFRECER SERVICIOS LEGAL A SPERSONAS
ELIGIBLE A UN HONORARIO REDUCIDO O GRATIS.
MIDPENN SERVICIOS JURIDICOS
401 East Louther Street Carlisle, PA 17013
Telefono: (717) 243-9400 or (800) 822-5288 / Fax: (717) 243-8026
r' Try
HE r r, ,; alb
t??i'f fi?? r ? r a r
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(J?.JI";cr.
ERLA?N,D 0
?'CPJNS Y'LWANIA P
TO ALL PARTIES:
You are hereby notified to file a written response to
the enclosed ANSWER and NEW MATTER and
New Matter Crossclaims within twenty (20) days
from service reof or a judgment may be entered
against yo .
M. McManus, Esquire
for Defendants
McCORMICK & PRIORE, P.C.
By: Stephen M. McManus, Esquire
Attorney ID No: 46814
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
(T) 215-664-4004
(F) 215-664-4005
email: smcmanus&mccormickpriore.com
Attorney for Defendants,
Kurt Weiss Greenhouses of
Pennsylvania, Inc. and
Kurt Weiss Greenhouse, Inc.
JOHN SWAL,
and
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
SANDRA GRACE SWAL
V.
NO. 2010-SU-7362
KURT WEISS GREENHOUSE, INC., et al
DEFENDANTS' ANSWER TO PLAINTIFFS'
COMPLAINT WITH NEW MATTER, AND NEW MATTER CROSS CLAIMS
AGAINST SHERYLENE BROWN, INDIVIDUALLY, AND JESSE FRAZIER b/d/a
JESSE MAGIC CITY, AND NEW MATTER CROSS-CLAIM PURSUANT TO PA.R.
C.P. 1031.1 AGAINST PLAINTIFF SANDRA GRACE SWAL
AS ADDITONAL DEFENDANT
Defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt Weiss Greenhouse,
Inc. (hereinafter collectively referred to as "Kurt Weiss"), by and through their undersigned
attorneys, hereby respond to plaintiffs' Complaint as follows:
MCCORMICK & PRIORS
ArroRNEys AT LAw
After reasonable investigation, defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in this paragraph of
plaintiffs' Complaint and, according, said averments are denied.
2. After reasonable investigation, defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in this paragraph of
plaintiffs' Complaint and, according, said averments are denied.
3. After reasonable investigation, defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in this paragraph of
plaintiffs' Complaint and, according, said averments are denied.
4. Admitted.
5. Admitted upon information and belief.
6. After reasonable investigation, defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in this paragraph of
plaintiffs' Complaint and, according, said averments are denied.
7. After reasonable investigation, defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments. Further, it is denied that Brown was
an agent of Kurt Weiss contained in this paragraph of plaintiffs' Complaint and, according, said
averments are denied.
8. Admitted upon information and belief.
9. Denied. It is denied that the "Great Dane semi-trailer Georgia registration number
LE9673C which was attached to the truck tractor combination operated by its agent Defendant
Brown" was owned by Kurt Weiss. Upon information and belief, the trailer was owned,
maintained, and controlled by defendant Jesse Frazier d/b/a Jesse Magic City. Further, it is
MCCORMICK & PRIORS
ATTORNEYS AT LAW
denied that Brown was an agent of Kurt Weiss as asserted in this paragraph of plaintiffs'
Complaint and, according, said averments are denied. Accordingly, the averments contained in
this paragraph are denied in their entirety.
10. Admitted in part, denied in part. It is admitted that Kurt Weiss contracted with
Jesse Frazier d/b/a Jesse Magic City to transport goods and products owned by Kurt Weiss. It is
denied that Kurt Weiss "hired" defendant Brown to transport the products. Accordingly, all
averments not specifically admitted herein are denied.
11. After reasonable investigation, defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in this paragraph of
plaintiffs' Complaint and, according, said averments are denied.
12. Denied. The averments contained in this paragraph of plaintiffs' Complaint
constitute conclusions of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and, accordingly, said averments are denied. Accordingly, the
averments contained in this paragraph of plaintiffs' Complaint are denied in their entirety.
13. Denied. The averments contained in this paragraph of plaintiffs' Complaint
constitute conclusions of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and, accordingly, said averments are denied. Accordingly, the
averments contained in this paragraph of plaintiffs' Complaint are denied in their entirety and
strict proof is demanded at trial.
COUNT I - NEGLIGENCE
SANDRA SWAL V. SHERYLENE BROWN
14. The averments of paragraph nos. 1 through 13 of this Answer are incorporated
herein by reference as though were fully set forth herein at length.
MCCORMCK & PRIORS
ATTORNEYS AT LAW
15. The averments of paragraph no. 15 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant, hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
regarding plaintiff's alleged injuries, damages and/or losses and, accordingly, said averments are
denied. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
denied in their entirety.
16. The averments of paragraph no. 16 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant, hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
regarding plaintiff s alleged injuries, damages and/or losses and, accordingly, said averments are
denied. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
denied in their entirety.
17. The averments of paragraph no. 17 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant; hence, no response is required. To the extent that an answer
MCCORMICK & PRIORS
ATTORNEYS AT LAW
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
regarding plaintiff's alleged injuries, damages and/or losses and, accordingly, said averments are
denied. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
denied in their entirety.
18. The averments of paragraph no. 18 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant; hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
regarding plaintiff's alleged injuries, damages and/or losses and, accordingly, said averments are
denied. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
denied in their entirety.
19. The averments of paragraph no. 19 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant; hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
MCCORMICK & PRIORE
ATTORNEYS AT LAW
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
regarding plaintiff's alleged injuries, damages and/or losses and, accordingly, said averments are
denied. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
denied in their entirety.
WHEREFORE, defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt
Weiss Greenhouse, Inc., hereby demand that plaintiffs' Complaint against them be dismissed
with prejudice and that they be awarded reasonable attorneys' fees and costs associated with
defending this action.
COUNT II - NEGLIGENCE
JOHN SWAL V. SHERYLENE BROWN
20. The averments of paragraphs no. I through 19 of this Answer are incorporated
herein by reference as though were fully set forth herein at length.
21. The averments of paragraph no. 21 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant; hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
regarding plaintiff's alleged injuries, damages and/or losses and, accordingly, said averments are
denied. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
denied in their entirety.
MCCORMICK & PRIORS
ATTORNEYS AT LAW
22. The averments of paragraph no. 22 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant; hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
regarding plaintiff's alleged injuries, damages and/or losses and, accordingly, said averments are
denied. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
denied in their entirety.
WHEREFORE, defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt
Weiss Greenhouse, Inc., hereby demand that plaintiffs' Complaint against them be dismissed
with prejudice and that they be awarded reasonable attorneys' fees and costs associated with
defending this action.
COUNT III - NEGLIGENCE
JOHN SWAL and SANDRA GRACE SWAL V. JESSE FRAZIER d/b/a JESSE'S MAGIC
CITY
23. The averments of paragraphs no. 1 through 22 of this Answer are incorporated
herein by reference as though were fully set forth herein at length.
24. The averments of paragraph no. 24 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant; hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
MCCORMICK & PRIORS
ATTORNEYS AT LAW
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
and, accordingly, said averments are denied. Accordingly, the averments contained in this
paragraph of plaintiffs' Complaint are denied in their entirety.
25. The averments of paragraph no. 25 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant; hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments asserted in this paragraph and,
accordingly, said averments are denied. Accordingly, the averments contained in this paragraph
of plaintiffs' Complaint are denied in their entirety.
26. The averments of paragraph no. 26 of plaintiffs' Complaint pertain to a defendant
other than the answering defendant; hence, no response is required. To the extent that an answer
is required, Kurt Weiss responds as follows: the averments contained in this paragraph of
plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied. In
addition, after reasonable investigation, Kurt Weiss Greenhouses is without knowledge or
information sufficient to form a belief as to the truth of the averments asserted in this paragraph
and, accordingly, said averments are denied. Accordingly, the averments contained in this
paragraph of plaintiffs' Complaint are denied in their entirety.
MCCORMCK & PRIORS
ATTORNEYS AT LAW
WHEREFORE, defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt
Weiss Greenhouse, Inc., hereby demand that plaintiffs' Complaint against them be dismissed
with prejudice and that they be awarded reasonable attorneys' fees and costs associated with
defending this action.
COUNT IV - NEGLIGENCE
JOHN SWAL and SANDRA GRACE SWAL V. KURT WEISS GREENHOUSES
27. THERE IS NO PARAGRAPH NO. 27 IN PLAINTIFFS' COMPLAINT.
28. The averments of paragraphs no. 1 through 26 of this Answer are incorporated
herein by reference as though were fully set forth herein at length.
29. Denied. The averments contained in this paragraph of plaintiffs' Complaint
constitute conclusions of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and, accordingly, said averments are denied. By way of further
response, it is denied that Kurt Weiss "employed, controlled, directed, regulated, supervised,
advised, promoted and influenced the conduct and activity of defendants Brown and Frazier" as
alleged. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
denied in their entirety.
30. Denied. The averments contained in this paragraph of plaintiffs' Complaint
constitute conclusions of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and, accordingly, said averments are denied. By way of further
response, it is denied that defendants Brown and/or Frazier were "employees and agents" of Kurt
Weiss. To the contrary, defendants Brown and Frazier were independent contractors of Kurt
Weiss. Accordingly, the averments contained in this paragraph of plaintiffs' Complaint are
MCCORMCK & PRIORS
ATTORNEYS AT LAW
denied in their entirety.
31. Denied. The averments contained in this paragraph of plaintiffs' Complaint
constitute conclusions of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and, accordingly, said averments are denied. Accordingly, the
averments contained in this paragraph of plaintiffs' Complaint are denied in their entirety.
32. Denied. The averments contained in this paragraph of plaintiffs' Complaint
constitute conclusions of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and, accordingly, said averments are denied. Accordingly, the
averments contained in this paragraph of plaintiffs' Complaint are denied in their entirety.
33. Denied. The averments contained in this paragraph of plaintiffs' Complaint
constitute conclusions of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and, accordingly, said averments are denied. Accordingly, the
averments contained in this paragraph of plaintiffs' Complaint are denied in their entirety.
34. Denied. The averments contained in this paragraph of plaintiffs' Complaint
constitute conclusions of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and, accordingly, said averments are denied. By way of further
response, it is denied that Kurt Weiss "failed to properly supervise and control defendants Brown
and Frazier" as they were independent contractors of Kurt Weiss over which Kurt Weiss did not
maintain control. Accordingly, the averments contained in this paragraph of plaintiffs'
Complaint are denied in their entirety.
WHEREFORE, defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt
Weiss Greenhouse, Inc., hereby demand that plaintiffs' Complaint against them be dismissed
with prejudice and that they be awarded reasonable attorneys' fees and costs associated with
MCCORMICK & PRIORE
ATTORNEYS AT LAW
defending this action.
NEW MATTER
35. Plaintiffs' Complaint fails to state any claim upon which relief can be granted.
36. Plaintiffs' claims may be barred and/or limited by plaintiffs' failure to mitigate
damages.
37. Defendant Kurt Weiss breached no duty to plaintiffs in this matter.
38. No act or omission of Kurt Weiss caused or was a substantial factor in causing
plaintiff's accident or any of the injuries, damages, and losses alleged by plaintiffs.
39. Plaintiffs assumed the risk of their activities and the risk of their alleged injuries.
40. The sole cause of plaintiff's accident was plaintiff-wife's negligence, carelessness,
and failure to exercise reasonable care for their own safety and welfare.
41. The alleged incident out of which this lawsuit arises and plaintiffs' alleged
injuries, damages, and/or losses, were caused by persons or entities over which defendants had
no control and for which defendants are not responsible.
42. Plaintiffs' alleged injuries, damages, and/or losses are barred by the comparative
negligence and/or contributory negligence of the plaintiffs.
43. Defendants hereby incorporate by referenced as though fully set forth herein and
asserts as a defense all applicable provisions of the Pennsylvania Comparative Negligence Act.
44. The collateral source rule does not apply, such that if plaintiffs should be awarded
money damages by a jury, such possibility being specifically denied, then the amount of such
damages must reduced by the total amount of any and all payments has received from any and all
collateral sources for any of the injuries, damages, and losses that the plaintiffs claim to have
suffered in this matter.
MCCORMCK & PRIORS
ATTORNEYS AT LAW
45. Pennsylvania Rule of Civil Procedure 238, as adopted or amended by the
Pennsylvania Supreme Court, on its face and as applied, is violative of the Pennsylvania
Constitution, the United States Constitution, and the Civil Rights Act, as it imposes a chilling
effect upon defendant's exercise of its constitutional rights and imposes a penalty on defendant
for delays not attributable to it.
46. Plaintiffs' claims are and/or may be barred by the affirmative defense of release.
47. The accident in question and plaintiffs' alleged injuries arising therefrom were
caused by plaintiffs' and/or other entities' actions, conduct or omissions which constitute
superseding, intervening causes of the accident in question.
WHEREFORE, defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt
Weiss Greenhouse, Inc., hereby demand that plaintiffs' Complaint against them be dismissed
with prejudice and that they be awarded reasonable attorneys' fees and costs associated with
defending this action.
CROSS-CLAIM AGAINST DEFENDANTS,
SHERYLENE BROWN, individually, and JESSE FRAZIER d/b/a JESSE MAGIC CITY,
PURSUANT TO PA. R. CIV. P. 1031.1
48. Kurt Weiss denies that it is liable to any party to the suit for damages any theory
of law or fact.
49. Solely for the purpose of this cross-claim, the averments to plaintiff s Complaint
are hereby incorporated by reference without adoption or admission.
50. In the event that a monetary award is entered in favor of plaintiff and against Kurt
Weiss, such possibility being specifically denied, Kurt Weiss, alleges that defendants Sherylene
Brown, individually, and Jesse Frazier d/b/a Jesse Magic City are alone liable to plaintiff, liable
MCCORMICK & PRIORE
ATTORNEYS AT LAW
over Kurt Weiss for contribution and/or indemnity, and/or are jointly and/or severally liable with
Kurt Weiss on the causes of action set forth in plaintiff's Complaint for any such amount.
WHEREFORE, defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt
Weiss Greenhouse, Inc., hereby demand that the plaintiff's Complaint be dismissed with
prejudice. Further, in the event that a monetary award is entered in favor of plaintiff and against
Kurt Weiss, such possibility being specifically denied, Kurt Weiss, alleges that defendants
Sherylene Brown, individually, and Jesse Frazier d/b/a Jesse Magic City are alone liable to
plaintiff, liable over Kurt Weiss for contribution and/or indemnity, and/or are jointly and/or
severally liable with Kurt Weiss on the causes of action set forth in plaintiff's Complaint for any
such amount.
NEW MATTER CROSS-CLAIM PURSUANT TO PA.R. C.P. 1031.1 AGAINST
PLAINTIFF SANDRA GRACE SWAL
AS ADDITONAL DEFENDANT
51. Kurt Weiss denies that it is liable to any party to the suit for damages any theory
of law or fact.
52. Solely for the purpose of this cross-claim, the averments to plaintiff's Complaint
are hereby incorporated by reference without adoption or admission.
53. In the event that a monetary award is entered in favor of plaintiff John Swal and
against Kurt Weiss, such possibility being specifically denied, Kurt Weiss, alleges that plaintiff
Sandra Grace Swal is alone liable to plaintiff, liable over Kurt Weiss for contribution and/or
indemnity, and/or is jointly and/or severally liable with Kurt Weiss on the causes of action set
forth in plaintiff's Complaint for any such amount.
MCCORMICK & PRIORS
ATTORNEYS AT LAW
WHEREFORE, defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt
Weiss Greenhouse, Inc., hereby demand that the plaintiff's Complaint be dismissed with
prejudice. Further, in the event that a monetary award is entered in favor of plaintiff John Swal
and against Kurt Weiss, such possibility being specifically denied, Kurt Weiss, alleges that
plaintiff Sandra Grace Swal is alone liable to plaintiff, liable over Kurt Weiss for contribution
and/or indemnity, and/or is jointly and/or severally liable with Kurt Weiss on the causes of action
set forth in plaintiff's Complaint for any such amount.
McCORMICK & PRIORE
By:
Aphen M. McManus
Attorneys for Defendants,
Kurt Weiss Greenhouses of Pennsylvania,
Inc. and Kurt Weiss Greenhouse, Inc.
MCCORMICK & PRIORE
ATTORNEYS AT LAW
VERIFICATION
Casey Shaw, hereby states that he is authorized on behalf of Kurt Weiss Greenhouses of
Pennsylvania, Inc. and Kurt Weiss Greenhouse, Inc., defendant herein, to verify that the facts set
forth in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of my
knowledge, information and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to
authorities.
Date: 3 !b !1
c 1t?G? ?? wAN?i z- o F11 I ct v-
16
MCCORMICK & PRIORE
ATTORNEYS AT LAW
CERTIFICATE OF SERVICE
I, Stephen M. McManus, Esquire, hereby certify that on this 17TH day of March, 2011, I
served a true and correct copy of the foregoing Answer with New Matter to Plaintiff's
Complaint, via first-class mail, postage prepaid, upon the following:
The Law Firm of Douglas R. Bare
Douglas R. Bare, Esquire
35 South Queen Street
York, PA 17403
Jessie Frazier d/b/a Jesse Magic City
962 Murphy Avenue SW
Atlanta, GA 30310
Jessie Frazier d/b/a Jesse Magic City
5921 Rockland Road
Lithonia, GA 30038
(by regular and certified mail)
Sherylene Brown
8826 Old State Road
P.O. Box 268
Holly Hill, SC 29059-0268
(by regular and certified mail)
Sherylene Brown
910 NW 8' Street
Florida City, FL 33034-1911
(by regular and certified mail)
& PRIORE, P.C.
Dated: March 17, 2011 By:
,VepXn M. McManus
orneys for Defendants,
Kurt Weiss Greenhouses of Pennsylvania,
Inc. and Kurt Weiss Greenhouse, Inc.
15
MCCORMICK & PRIORE
ATTORNEYS AT LAW
FILED-OFFICE
CIF THE PROTHONOTARY
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6" Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
(717) 237-7105 fax
bfoland@tthlaw.com
2011 APR 12 AM 10: 36
CUMBERLAND COUNTY
PENNSYLVANIA
Counsel for Additional Defendant Sandra Grace Swal
JOHN SWAL, and his wife SANDRA
GRACE SWAL,
Plaintiffs
vs.
SHERYLENE BROWN, individually and
JESSE FRAZIER D/B/A JESSE MAGIC
CITY AND KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC. and KURT
WEISS GREENHOUSE, INC.,
Defendants
vs.
SANDRA GRACE SWAL,
Additional Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-SU-7362
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Please enter our appearance on behalf of Additional Defendant Sandra Grace
Swal in the above matter.
Respectfully submitted,
T S,J &A--KAFER, LLP
by:
Brooks R. Foland, Es _.?
I.D. No. 70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
CERTIFICATE OF SERVICE
AND NOW, this I l da of k --, 21y
0 ?, I, Coleen M. Polek,
of the law firm of Thomas, Thomas & +HHar,P, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United
States Mail, postage prepaid, to the following:
Douglas R. Bare, Esq.
35 South Queen Street
York, PA 17403
Stephen M. McManus, Esq.
McCormick & Priore, P.C.
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
Jessie Frazier d/b/a Jesse Magic City
962 Murphy Avenue SW
Atlanta, GA 30310
Jessie Frazier d/b/a Jesse Magic City
5921 Rockland Road
Lithonia, GA 30038
Sherylene Brown
8826 Old State Road
POB 268
Holly Hill, SC 29059-0268
Sherylene Brown
910 NW 8th Street
Florida City, FL 33034-1911
Colleen . Polek
930412.1
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan, Esquire
Atty ID # 61990
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs,
V.
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA, INC., and
KURTY WEISS GRENHOUSE INC. .
Defendants
Attorney for Defendants
Sherylene Brown, Individually, and
Jesse Frazier d/b/a Jesse Magic City
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2010-SU-7362
C-?
c
-va = z
a
r rn
rv
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-=
r
c?
5c: r:7
-a M
r
ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL
TO THE PROTHONOTARY:
Kindly enter my appearance in the above-captioned matter on behalf of the Defendants,
Sherylene Brown, individually, and Jesse Frazier d/b/a Jesse Magic City, onl , in the above
captioned matter.
Defendants, Sherylene Brown, individually, and Jesse Frazier d/b/a Jesse Magic
City, by and through their undersigned counsel, hereby demand a trial by a j ary of twelve.
WILLIAM J. FERREN & ASSOCIATES
By:
AND + . KEEN , ESQUIRE
Attor ey for Defe ants
, individually, and
rowif
Shery e B
Jesse Frazier d/b/a Jesse Magic City
CUt `BERLAND COUNTY
PENNSYLVANIA
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6'' Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
(717) 237-7105 fax
bfoland@tthlaw.com
JOHN SWAL, and his wife SANDRA
GRACE SWAL,
Plaintiffs
vs.
SHERYLENE BROWN, individually and
JESSE FRAZIER D/B/A JESSE MAGIC
CITY AND KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC. and KURT
WEISS GREENHOUSE, INC.,
Defendants
vs.
SANDRA GRACE SWAL,
Additional Defendant
Counsel for Additional Defendant Sandra Grace Swal
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-SU-7362
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ADDITIONAL DEFENDANT SANDRA GRACE
SWAL'S REPLY TO NEW MATTER CROSSCLAIM OF
DEFENDANTS KURT WEISS GREENHOUSES OF
PENNSYLVANIA, INC. AND KURT WEISS GREENHOUSE, INC.
51. Denied. The allegations contained in paragraph 51 are conclusions of law
to which no response is required. To the extent a response is deemed to be required,
the allegations are denied pursuant to Pa.R.C.P. 1029(e).
52. Denied as no response is required by Additional Defendant.
53. Denied. The allegations contained in paragraph 53 are conclusions of law
to which no response is required. To the extent a response is deemed to be required,
the allegations are denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Additional Defendant Sandra Grace Swal respectfully requests
that judgment be entered in her favor and against Defendants Kurt Weiss Greenhouses
of Pennsylvania, Inc. and Kurt Weiss Greenhouse, Inc. on the latter's new matter
crossclaims.
by:
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
VERIFICATION
I, Sandra Grace Swal, have read the foregoing Reply to New Matter Crossclaim
and hereby affirm that it is true and correct to the best of my personal knowledge,
information and belief. This Verification and statement is made subject to the penalties
of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities; I verify that all the
statements made in the foregoing are true and correct and that false statements may
subject me to the penalties of 18 Pa.C.S. § 4904.
4t cd)4'
Sandra Grace Swal
CERTIFICATE OF SERVICE
AND NOW, this ?Vday of '201 /, I, Coleen M. Polek,
of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United
States Mail, postage prepaid, to the following:
Douglas R. Bare, Esq.
35 South Queen Street
York, PA 17403
Stephen M. McManus, Esq.
McCormick & Priore, P.C.
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
Jessie Frazier d/b/a Jesse Magic City
962 Murphy Avenue SW
Atlanta, GA 30310
Jessie Frazier d/b/a Jesse Magic City
5921 Rockland Road
Lithonia, GA 30038
Sherylene Brown
8826 Old State Road
POB 268
Holly Hill, SC 29059-0268
Sherylene Brown
910 NW 8th Street
Florida City, FL 33034-1911
441t-?
Coleen M. Polek
932309.1
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan, Esquire
Atty ID # 61990
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
Attorney for Defendants
Sherylene Brown, Individually, and
Jesse Frazier d/b/a Jesse Magic City
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs,
V.
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA, INC., and
KURT WEISS GRENHOUSE INC.
Defendants
V.
SANDRA GRACE SWAL,
Additional Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2010-SU-7362
r?
CCp
RESPONSE OF DEFENDANTS SHERYLENE BROWN AND JESSE FRAZIER
D/B/A JESSE MAGIC CITY TO CROSS-CLAIM OF DEFENDANT KURT WEISS
GREENHOUSE, INC AND KURT WEISS GREENHOUSES OF PENNSYLVANIA, INC.
48. No answer required.
49. Answering defendants incorporate by reference their Answer with New Matter to
Plaintiffs' complaint as if specifically set forth at length herein.
50. Denied. It is denied that answering defendants are alone liable to plaintiffs, liable
over to the Weiss defendants for contribution and/or indemnity and further denied that answering
defendants are jointly and severally liable with the Weiss defendants.
WHEREFORE, answering defendants demand judgment in their favor and against the
Weiss defendants.
WILLIAM J. FERREN & AS,90CIATES
By:
ANDREW J. D?ef' ESQUIRE
Attorney for 4PN,
nts
Sherylene Brown, individually, and
Jesse Frazier d/b/a Jesse Magic City
VERIFICATION
I, ANDREW J. KEENAN, ESQUIRE, verify that the statements made in the foregoing
Defendant's Response to Crossclaim are true and correct to the best of my knowledge, information
and belief. I further verify that I am authorized to take this Verification on behalf of Defendants, in
the capacity of Defendants' attorney, and also for the reason that Defendants' Verification cannot be
obtained within the required pleading period. It is intended that Defendants' personal Verifications
will be substituted subsequently.
I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A.
Section 4904, relating to unsworn falsification to authorities.
BY:
WILLIAM J. FERREN & ASSOCIATES
ANDREW J. KEEN 1 , ESQUIRE
Dated: ?- q- )Ott
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan, Esquire
Atty ID # 61990
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
Attorney for Defendants
Sherylene Brown, Individually, and
Jesse Frazier d/b/a Jesse Magic City
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiffs,
V.
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA, INC., and
KURTY WEISS GRENHOUSE INC.
Defendants
NO. 2010-SU-7362
CERTIFICATE OF SERVICE
I, ANDREW J. KEENAN, ESQUIRE, attorney for Defendant, hereby certifies that a true
and correct copy of Defendants' Response to Crossclaim was served upon the following, by way of
first class mail, on May 4, 2011:
Douglas Bare, Esquire
The Law Firm of Douglas Bare
35 South Queen Street
York, PA 17403
Stephen M. McManus, Esquire
McCormick & Priore, P.C.
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
Brooks Foland, Esquire
Thomas, Thomas & Hafer
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
WILLIAM J. FERREN & ASSOCIATES
BY:
ANDREW J. KEE , ESQUIRE
( f~? h..? 1 1 (.J a..
MJi,13 .RLAHD YVUi41 i'
PEHNSYLVA""'?
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan, Esquire
Atty ID # 61990
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs,
V.
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA, INC., and
KURT WEISS GRENHOUSE INC.
Defendants
V.
SANDRA GRACE SWAL,
Additional Defendant.
TO: PLAINTIFFS/CODEFENDANTS:
YOU ARE HEREBY NOTIFIED TO ANSWER THE
ENCLOSED NEW MATTER AND NEW MATT
CROSSCLAIM WITHIN T?X= (20) D OF
SERVICE HEREOF.
ANDREW J. KEENAN,
Attorney for Defendants
Sherylene Brown, Individually, and
Jesse Frazier d/b/a Jesse Magic City
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2010-SU-7362
ANSWER OF DEFENDANTS SHERYLENE BROWN AND JESSE FRAZIER D/B/A
JESSE MAGIC CITY TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND
NEW MATTER CROSS-CLAIM PURSUANT TO PA. R. CIV. P. 1031.1
1. Denied. After reasonable investigation, answering defendants are without
knowledge or information sufficient to form a belief as to the truth of these averments and they are
deemed denied.
2. Admitted.
3. Admitted in part; denied in part. It is admitted that defendant Jesse Frazier has a
mailing address of 5921 Rockland Road, Lithonia, GA 30038. It is denied that defendant Jesse
Frazier does business as Jesse Magic City and further denied that any said entity has a principal
place of business located at 962 Murphy Ave. SW Atlanta, GA 30310.
4. No answer required since allegations were not directed to answering defendants.
5. Admitted.
6. Admitted in part; denied in part. It is admitted that plaintiff Sandra Swal was the
operator of a 2009 Chevrolet Malibu. The remaining allegations of this paragraph are denied since
after reasonable investigation, answering defendants are without knowledge or information
sufficient to form a belief as to the truth of these averments and they are deemed denied.
7. Admitted in part; denied in part. It is admitted that defendant Brown was the
operator of a 1999 Freightliner tractor-trailer combination with a Great Dane trailer. It is denied that
said trailer was hauling "goods" as said term is not defined and therefore said allegation is denied.
The remaining allegations of this paragraph are denied as conclusions of law to which no response
is required.
8. Admitted.
9. Admitted with the qualification that the subject trailer was owned by defendant
Fraser.
10. Admitted in part; denied in part. It is admitted that defendant Weiss contracted with
defendant Fraser to transport products owned by defendant Weiss. It is denied the defendant Weiss
hired defendant Brown. The remaining allegations of this paragraph are denied as conclusions of
law to which no response is required.
11. Admitted.
12. Denied as a conclusion of law to which no response is required.
13. Denied. After reasonable investigation, answering defendants are without
knowledge or information sufficient to form a belief as to the truth of these averments and they are
deemed denied.
2
COUNT I- NEGLIGENCE
SANDRA GRACE SWAL v. SHERYLENE BROWN
14. Answering defendants incorporate by reference their answers to paragraphs 1
through 13 of plaintiffs complaint as if specifically set forth at length herein.
15. Admitted in part; denied in part. It is admitted only that plaintiff Sandra Swal was
initially operating her vehicle in the right lane of travel of southbound 18 1. It is denied that
defendant Brown caused her tractor-trailer to impact plaintiffs vehicle. On the contrary, plaintiffs
vehicle entered the left southbound lane of 181 that was occupied by the Brown vehicle. It is
further denied that defendant Brown was negligent or careless in any manner. On the contrary, at
all times material hereto, defendant Brown acted reasonably, prudently and properly and in no way
caused or contributed to the incident set forth in plaintiffs' complaint. The remaining allegations of
this paragraph are denied since after reasonable investigation answering defendants are without
knowledge or information sufficient to form a belief as to the truth of these averments and they are
deemed denied. By way further answer, answering defendants are advised and therefore aver that
some or all of these allegations of this paragraph constitute conclusions of law to which no response
is required.
16. Denied generally in accordance with Pa. R. Civ. P. 1029.
17-19. Denied. It is denied that answering defendants were negligent or careless in any
manner. On the contrary, at all times material hereto, answering defendants acted reasonably,
prudently and properly and no way caused or contributed to the incident set forth in plaintiffs'
complaint. The remaining allegations of these paragraphs are denied since after reasonable
investigation answering defendants are without knowledge or information sufficient to form a belief
as to the truth of these averments and they are deemed denied. By way further answer, answering
defendants are advised and therefore aver that some or all of these allegations of these paragraphs
constitute conclusions of law to which no response is required.
WHEREFORE, answering defendants demand judgment in their favor and against plaintiffs
together with the cost of defense of this matter.
COUNT II- NEGLIGENCE
JOHN SWAL v. SHERYLENE BROWN
20. Answering defendants incorporate by reference their answers to paragraphs 1
through 19 of plaintiffs' complaint as if specifically set forth at length herein.
21-22. Denied. It is denied that answering defendants were negligent or careless in any
manner. On the contrary, at all times material hereto, answering defendants acted reasonably,
prudently and properly and no way caused or contributed to the incident set forth in plaintiffs'
complaint. The remaining allegations of these paragraphs are denied since after reasonable
investigation answering defendants are without knowledge or information sufficient to form a belief
as to the truth of these averments and they are deemed denied. By way further answer, answering
defendants are advised and therefore aver that some or all of these allegations of these paragraphs
constitute conclusions of law to which no response is required.
WHEREFORE, answering defendants demand judgment in their favor and against plaintiffs
together with the cost of defense of this matter.
COUNT III
JOHN SWAL AND GRACE SWAL v. JESSE FRAZIER
DB/AJESSE MAGIC CITY
23. Answering defendants incorporate by reference their answers to paragraphs 1
through 22 of plaintiffs' complaint as if specifically set forth at length herein.
24. Denied. It is denied the defendant Fraser employed, controlled, directed, regulated,
supervised, advised, promoted and influenced the conduct and activity of defendant Brown. By
way further answer, answering defendants are advised and therefore aver that some or all of these
allegations of this paragraph constitute conclusions of law to which no response is required.
25. Denied as a conclusion of law to which no response is required.
26. Denied. It is denied that defendant Fraser was negligent or careless in any manner.
On the contrary, at all times material hereto, answering defendants acted reasonably, prudently and
properly and no way caused or contributed to the incident set forth in plaintiffs' complaint. The
remaining allegations of this paragraph are denied generally in accordance with Pa. R. Civ. P. 1029.
WHEREFORE, answering defendants demand judgment in their favor and against plaintiffs
together with the cost of defense of this matter.
COUNT IV
JOHN SWAL AND SANDRA GRACE SWAL v. DEFENDANT WEISS
28. Answering defendants incorporate by reference their answers to paragraphs 1
through 22 of plaintiffs' complaint as if specifically set forth at length herein.
29-34. No answer required since allegations are not directed to answering defendants.
WHEREFORE, answering defendants demand judgment in their favor and against plaintiffs
together with the cost of defense of this matter.
NEW MATTER
35. Plaintiffs claints are barred by their own contributory or comparative negligence.
36. Plaintiffs failed to mitigate their damages.
37. The incident referenced in plaintiffs' complaint was caused solely by the negligence
and carelessness of plaintiff Sandra Swal.
38. Plaintiffs' claims are barred by the doctrine of assumption of the risk.
39. Plaintiffs' claims are barred or limited by the provisions of the Pennsylvania Motor
Vehicle Financial Responsibility Law and/or such other similar law in their domicile of South
Carolina.
40. The incident referenced in plaintiffs' complaint was not caused by any action or
omission on the part of answering defendants.
WHEREFORE, answering defendants demand judgment in their favor and against plaintiffs
together with the cost of defense of this matter.
NEW MATTER CROSS-CLAIM AGAINST DEFENDANTS KURT WEISS
GREENHOUSES OF PENNSYLVANIA, INC. AND KURT WEISS GREEHOUSE,
INC. PURSUANT TO PA.R. CIV. P. 1031.
41. Without admitting any liability, and in fact specifically denying any and all liability,
answering defendants incorporate by reference the allegations in plaintiffs complaint against cross-
claim defendant together with the averments in their Answer with New Matter as if specifically set
forth at length herein.
42. Cross-claim defendant Weiss is alone and solely liable to plaintiffs.
43. If any liability is judicially determined against answering defendants, with all such
allegations being specifically denied, then it is averred that cross-claim defendant Weiss is liable
over to answering defendants by way of indemnification or contribution and/or is jointly and
severally liable with answering defendants.
WHEREFORE, answering defendants demand judgment in their favor and against cross-
claim defendant Weiss and hereby cross-claim pursuant to Pa. R. Civ. P. 1031.1
NEW MATTER CROSS-CLAIM AGAINST PLAINTIFF SANDRA
GRACE SWAL AS ADDITIONAL DEFENDANT
44. Answering defendants incorporate by reference the averments in their Answer with
New Matter as if specifically set forth at length herein.
45. The incident referenced in plaintiffs' complaint was caused solely by the negligence,
carelessness and recklessness of additional defendant Sandra Swal.
6
46. The incident referenced in plaintiffs' complaint was caused by the actions and/or
omissions of the additional defendant who negligently and carelessly allowed the vehicle she was
operating to cross into the left southbound lane of 181 impacting the vehicle operated by defendant
Brown.
47. Additional defendant Sandra Swal is alone and solely liable to plaintiff Johns Swal.
48. If any liability is judicially determined against answering defendants, with all such
allegations being specifically denied, then it is averred that additional defendant Sandra Swal is
liable over to answering defendants by way of indemnification or contribution and/or is jointly and
severally liable with answering defendants with regard to the claim of plaintiff John Swal.
WHEREFORE, answering defendants demand judgment in their favor and against
additional defendant Sandra Swal and hereby cross-claim pursuant to Pa. R. Civ. P. 1031.1
WILLIAM J. FERREN & OCIATES
By:
ESQUIRE
ANDREW ®r-Defen
Attorney Sherylene
ividually, and
Jesse Fraz sse Magic City
7
VERIFICATION
I, ANDREW J. KEENAN, ESQUIRE, verify that the statements made in the foregoing
Answer to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and
belief I further verify that I am authorized to take this Verification on behalf of Defendants, in the
capacity of Defendants' attorney, and also for the reason that Defendants' Verification cannot be
obtained within the required pleading period. It is intended that Defendants' personal Verifications
will be substituted subsequently.
I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A.
Section 4904, relating to unsworn falsification to authorities.
WILLIAM J. FERREN & ASSOCIATES
BY:
ANDREW J. KEENAWESOUIRE
Dated: ' `l - o)o I I
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan, Esquire
Atty ID # 61990
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
Attorney for Defendants
Sherylene Brown, Individually, and
Jesse Frazier d/b/a Jesse Magic City
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs,
V.
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA, INC., and
KURTY WEISS GRENHOUSE INC.
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2010-SU-7362
CERTIFICATE OF SERVICE
I, ANDREW J. KEENAN, ESQUIRE, attorney for Defendant, hereby certifies that a true
and correct copy of Defendants' Answer to Plaintiff's Complaint was served upon the following, by
way of first class mail, on May 4, 2011:
Douglas Bare, Esquire
The Law Firm of Douglas Bare
35 South Queen Street
York, PA 17403
Brooks Foland, Esquire
Thomas, Thomas & Hafer
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
Stephen M. McManus, Esquire
McCormick & Priore, P.C.
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
WILLIAM J. FERREN & ASSOMATES
BY:
ANDREW J. KEEN
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
C)
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Court of Common Pleas - Cumberland Coutf4A g .
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TERM:
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SU-7362 ,.
CASE No: --J !:
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22.
RecordTrak on behalf of AMY E. GASSEN
Defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served,
(2) No objection to the subpoena has been received or it has been waived, and
(3) The subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the
subpoena.
Date : 05/25/2011
RecordTrak on behalf of
/S/ AMY E. GASSEN
Attorney for Defendant
RT#: 219480
RECORDS PERTAIN TO: SANDRA G. SWAL
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
COURT: Court Of Common Pleas - Cumberland County,
Pa
TERM: / /
DOCKET: SU-7362
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
TO: DOUGLAS BARE
LAW FIRM OF DOUGLAS BARE
35 SOUTH QUEEN STREET
YORK, PA 17403
(717) 854-1910
May 5, 2011
Please take notice that on behalf of AMY E GASSEN, attorney for Defendant, RecordTrak intends to serve a subpoena identical to
the one(s) attached to this notice. You have until May 25, 2011 to file of record and serve upon the undersigned an objection to the
subpoena(s). If no objection is made, the subpoena(s) will be served.
IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE
BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY.
IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING
AND FAX THIS CORRESPONDENCE BY May 25, 2011 TO (610) 992-1405. All records will be provided (including no record
statements) as produced by each record location.
Ian Lawrence 610-354-8325
REcoRDTRAX
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
LIST OF RECORD CUSTODIANS AND SUBPOENAS
TAG CORD CUSTODIAN MATERIALS BEING OBTAINED
20 PENN STATE HERSHEY 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. PLEASE BE SURE TO
HABILITATION HOSPITAL INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN
MED) STORAGE. *******PLEASE SIGN THE ATTACHED CERTIFICATION PAGE
AND RETURN WITH THE RECORDS*********
21 PENN STATE HERSHEY I. ALL BILLING RECORDS IN YOUR POSSESSION
INCLUDING ALL
HABILITATION HOSPITAL ,
STATEMENTS, ITEMIZED BILLING RECORDS
INSURANCE RECORDS
(BILL) ,
,
ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS
WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT
CORDS IN YOUR POSSESSION.
Yes, I would like a copy of all of the records listed above.
Yes, I would like specific records I have indicated above.
SIGNATURE:
Date:
FIRM:
JOHN SWAL, ET AL. COURT: Court Of Common Pleas -
Cumberland County, Pa
vs. TERM: / /
SHERYLENE BROWN, ET AL. DOCKET: SU-7362
------------------------------------------------------------------------------------------------------------------------------------
YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE
Signature of Plaintiffs Counsel:
FIRM:
EMAIL:
Date:
Page 2
TO' PENN STATE HERSHEY REHABILITATION
HOSPITAL (MED)
1135 OLD WEST CHOCOLATE AVENUE
HUMMELSTOWN. PA 17036
COMMONWEALTH OF PENNSYLV
COUNTY OF CUMBERLAND
John Swal, et al
v
Sherylene Brown, et al
TO:
Within twenty (20) days after service
fanowina documents of things:
RECORDTRAK
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
ANIA
File No. SU-7362
this subpoena, you are ordered by the Court to produce the
at RecordTrak 651 Allendale Rd PO E ox 6199 King °t' Drus$ia. PA 19?
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, togeMer with the certificate of compliance, to the party making this request at the address listed
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the
things sought.
If you fall 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: RecordTrak, Robert Bradfield. Esu.
Address: 851 Allendale Rd PO pox 8159'!
Kirt of Prussia PA 19+406
Telephone: $00-801-7620
Supreme Court ID# ?..
Attorney for: Delendarjt
DATE: 777
BY THE
Division
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219480; TAG 20
LOCATION: PENN STATE HERSHEY REHABILITATION HOSPITAL (N ED)
RECORDS PERTAIN TO: SANDRA G. SWAL SS #: - -5343, DOB: 10/29/1942
1. ALL MEDICAL RECORDS IN YOUR POSSESSION. PLEASE BE SURE TO
INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.
*******PLEASE SIGN THE ATTACHED CERTIFICATION PAGE AND RETURN WITH
THE RECORDS*********
T0: PENN STATE HERSHEY REHABILITATION RECORDTRAK
HOSPITAL (BILL) 651 Allendale Road
C/O SELECT MEDICAL CORPORATION P. O. Box 61591
4714 GETTYSBURG ROAD King of Prussia, PA 19406
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
John Swal, at al
v
Sherylene Brown, et al
File No. SU-7362
SUBPOENA T4 PRODUCE DOCUMENTS R THING FOR DISCOVERY
PURSUANT TO RULE, 4009.22
at RecR Trak. 651 Alle dale Rd PO-IgX $1491, ,o of Prussia. PA 19406.
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 may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak Robert Bradfield-Egg
Address: 651 Allendale Rd. PO Box 61591
King of Prussia. PA 19405
Telephone: 800.801.7620 BY THE COURT:
Supreme Court lD#
Attorney for:, ,DdendaM'., 4
,.
Prot onotary/Clerk, ivil Division
DATES
r. w $t:r:. I>a f truit?
.-.
r ,
Within twenty (201 days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219480; TAG 21
LOCATION: PENN STATE HERSHEY REHABILITATION HOSPITAL (BILL)
RECORDS PERTAIN TO: SANDRA G. SWAL SS #: - -5343, DOB: 10/29/1942
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR
POSSESSION.
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
Court of Common Pleas - Cumberland CountygE
TERM:
CASE No: 80-7362=-'
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JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
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As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22.
RecordTrak on behalf of AMY E GA N
Defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served,
(2) No objection to the subpoena has been received or it has been waived, and
(3) The subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the
subpoena.
Date : 05/25/2011
RecordTrak on behalf of
/S/ AMY E. GASSEN
Attorney for Defendant
RT#: 219519
RECORDS PERTAIN TO: JOHN SWAL
JOHN SWAL, ET AL. COURT: Court Of Common Pleas - Cumberland County,
Pa
vs. TERM: / /
SHERYLENE BROWN, ET AL. DOCKET: SU-7362
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
TO: DOUGLAS BARE
LAW FIRM OF DOUGLAS BARE
35 SOUTH QUEEN STREET
YORK, PA 17403
(717) 854-1910
May 5, 2011
Please take notice that on behalf of AMY E. GASSEN, attorney for Defendant, RecordTrak intends to serve a subpoena identical to
the one(s) attached to this notice. You have until May 25, 2011 to file of record and serve upon the undersigned an objection to the
subpoena(s). If no objection is made, the subpoena(s) will be served.
IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE
BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY.
IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING
AND FAX THIS CORRESPONDENCE BY May 25, 2011 TO (610) 992-1405. All records will be provided (including no record
statements) as produced by each record location.
Ian Lawrence 610-354-8325
RECORDTRAK
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
LIST OF RECORD CUSTODIANS AND SUBPOENAS
TAG RECORD CUSTODIAN
17 PENN STATE HERSHEY
HABILITATION HOSPITAL
IbR1ALS BEING OBTAINED
ALL BILL1NU RECORDS IN YOUR POSSESSION, INCLUDING ALL
'ATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS,
:COUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS
BITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT
;CORDS IN YOUR POSSESSION.
Yes, I would like a copy of all of the records listed above.
Yes, I would like specific records I have indicated above.
SIGNATURE:
FIRM:
Date:
------------------------------------------
-----------------------------------
YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
Signature of Plaintiffs Counsel:
FIRM:
EMAIL:
Date:
COURT: Court Of Common Pleas -
Cumberland County, Pa
TERM: / /
DOCKET: SU-7362
Page 2
To: PENN STATE HERSHEY REHABILITATION RECORDTRAK
HOSPITAL (BILL) 651 Allendale Road
C/O SELECT MEDICAL CORPORATION P. O. Box 61591
4714 GETTYSBURG ROAD King of Prussia, PA 19406
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
John Swal, et al
v ;
File No. SU-7362
Sherylene Brown, et al
at RecordTrak 661 Allendale Rd PO Box 61581 King of Prussia PA 19408
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 may have the right to seek in advance the reasonable cost of preparing 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: R..e99rdTrakc Robert Bradfield Esa
Address: 651 Allendale Rd. PO Box 61591
King-of .._.Prt MA. PA 19406
Telephone., 800-801-7620 BY THE COURT:
Supreme Court ID# r
Attorney for:. Deft-rndant, ?i
- '::-' P orrotary/Cfetlc, iVil DiV?$lCrl
Within twenty (20) Clays after service of this subpoena, you arse ordered by the Court to produce the
following documents or things:
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219519; TAG 17
LOCATION: PENN STATE HERSHEY REHABILITATION HOSPITAL (BILL)
RECORDS PERTAIN TO: JOHN SWAL SS #: , DOB: 05/04/1940
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR
POSSESSION.
EL File No. 810.807
EDELSTEIN LAW, LLP
BY: JAY L. EDELSTEIN, ESQ.
Identification No.: 30227
230 South Broad Street, Suite 900
Philadelphia, PA 19102
(215) 893-9311
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs
.: t HFp R
f 1 JUN 13 PM 12 Attorney for Cross Claim Defendant,
Sahdra Grace Swal
PEN SYLVAP41.At .j. ,`.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
SHERYLENE BROWN, individually, and
JESSE FRAZIER d/b/a JESSE MAGIC NO.: 2010-SU-7362
CITY, and KURT WEISS GREENHOUSES:
OF PENNSYLVANIA, INC., and
KURT WEISS GREENHOUSE, INC.
Defendants.
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of third-party defendant,
SANDRA GRACE SWAL
in the within action. Third Party Defendant hereby demands a jury trial in this matter. Jury of
twelve with alternates, demanded.
BY:
JAY L. E ELSTE QUIRE
Attorney or s-Claim Defendant,
Sandra Grace Swal
Dated: 6/08/j r
.4
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED P LEADING WITHIN
TWENTY (20) DAYS FROM SERVICE
EL File No. 8 0.807
EDELSTEI LAW, LLP
BY: JAY L EDELSTEIN, ESQ.
Identificatio n No.: 30227
230 South B road Street, Suite 900
Philadelphia PA 19102
(215)893-9 11
I HEREBY CERTIFY THAT I HAVE SERVED A COPY OF
THIS PAPER UPON ALL OTHER PARTIES OR THEIR
ATTORNEY OF RECORD BY
x Regular First Class Mail
Certified Mail
Other
Attorney for Cross Claim Defendant,
Sandra Grace Swal
JOHN SWA , and his wife COURT OF COMMON PLEAS
SANDRA G RACE SWAL, CUMBERLAND COUNTY
Plaintiffs
VS.
SHERYLE
E BROWN, individually, and c--
JESSE FRA IER d/b/a JESSE MAGIC NO.: 2010-SU-7362 MCO
:rm
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rya
CITY, and URT WEISS GREENHOUSES a= r-
OF PENNS LVANIA, INC., and WT?
KURT WEI S GREENHOUSE, INC. <o -n
Defendants D C-)
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VS. Z o ?
SANDRA G RACE SWAL
Defendant
OF
P
NOW comes Crossclaim Defendant Sandra Grace Swal, by and through her attorney,
Jay L. Edelstein, Esquire, answering Defendant's New Matter Crossclaim pursuant to Pa. R.C.P.
1031.1 as fo
51.-53. Denied. After reasonable investigation answering defendant is without knowledge or
information ufficient to form a belief as to the truth of the averments in the aforesaid paragraph
concerning e rents or conditions of the allegations pertaining to identity, ownership, possession or
control of th instrumentality involved and/or the allegations of agency or authority. Strict proof
thereof is de anded if deemed relevant at the time of trial. All other averments in the aforesaid
paragraph including negligence, carelessness or recklessness are specifically denied. Strict proof
demanded if deemed relevant at the time of trial.
WHEREFORE, additional crossclaim defendant Sandra Grace Swal demands judgment in
her favor.
NEW MATTER
54. Plaintiff's Complaint in Civil Action fails to state a cause of action against additional
crossclaim defendant Sandra Grace Swal.
55. Plaintiff's Complaint in Civil Action is barred and/or limited pursuant to the
Pennsylvani Comparative Negligence Act and the Doctrine of the Assumption of Risks.
56. Plaintiff's Complaint in Civil Action is barred and/or limited pursuant to the
Pennsylvani Financial Responsibility Act.
57. Plaintiff's Complaint in Civil Action is barred and/or limited pursuant to the
Pennsylvani Uninsured Motorist Act.
58. Plaintiff's Complaint in Civil Action is barred and/or limited pursuant to the
Pennsylvania Worker's Compensation Act.
59. Plaintiffs Complaint in Civil Action fails for lack of proper jurisdiction and venue.
60. Plaintiffs Complaint in Civil Action is barred by the applicable Statute of
Limitations.
additional crossclaim defendant Sandra Grace Swal demands judgment in
her favor.
LLP
BY: V
AY L. E STEIN, ESQUIRE
Attorney f Cross-Claim Defendant,
Dated: (l ? Sandra Grace Swal
VERIFICATION
The averments or denials of facts contained in the foregoing are true based upon the
signer's pers?nal knowledge or information and belief. If the foregoing contains averments which are
inconsistent ?n fact, signer has been unable, after reasonable investigation, to ascertain which of the
inconsistent ?verments are true, but signer has knowledge or information sufficient to form a belief
that one of
to unsworn
DATE: U
is true. This verification is made subject to the penalties of 18 PA C.S. 4904 relating
to authorities.
JAY L. ELSTEIN, ESQUIRE
III
CERTIFICATIONOF SERVICE
by certify that a true and correct copy of Crossclaim Defendants Answer to Defendant's
New Matter ?rossclaim was forwarded to the following, by electronic filing and first class mail:
Douglas R. Bare, Esquire
The Law Firm of Douglas R. Bare, LLC
35 South Queen Street
York, PA 17403
Stephen M. McManus, Esquire
McCORMICK & PRIORE, P.C.
1767 Sentry Parkway West, Suite 315
Blue Bell, PA 19422
Andrew J. Keenan, Esquire
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
EDELSTE AW, P
BY:
JA L. ED TEIN, ESQUIRE
Attorney for Crossclaim Defendant,
Sandra Grace Swal
Date:
AcCORMICK & PRIORE, P.C.
By: Stephen M. McManus, Esquire
Attorney ID No: 46814
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
(T) 215-664-4004
(F) 215-664-4005
email: smcmanuskmccormickpriore.com
D" 1''?{P110T110N0T
A t, (
CUM gERLAND ?e?.for Defendants,
PE?'NSYLVA(j?b?`eiss Greenhouses of
Pennsylvania, Inc. and
Kurt Weiss Greenhouse, Inc.
JOHN SWAL, and his wife
SANDRA GRACE SWAL
V.
KURT WEISS GREENHOUSE, INC., et al.
V.
SANDRA GRACE SWAL
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 2010-SU-7362
REPLY OF DEFENDANTS', KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC. AND KURT WEISS GREENHOUSE, INC.,
TO THE NEW MATTER ASSERTED BY
ADDITIONAL DEFENDANT SANDRA GRACE SWAL
Defendants, Kurt Weiss Greenhouses of Pennsylvania, Inc. and Kurt Weiss Greenhouse,
Inc., by and through their undersign attorneys, hereby responses to the New Matter asserted by
additional defendant, Sandra Grace Swal as follows:
54. Denied. The averments contained in paragraph 54 of Sandra Grace Swal's New
Matter constitute to conclusions of law to which no responsive pleading is required under the
Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied.
55. Admitted. It is admitted that plaintiffs' action is barred and/or limited pursuant to
the Pennsylvania Comparative Negligence Act and the Doctrine of the Assumption of Risks.
MCCORMICK & PRIORE
ATTor<NEYs AT LAW
56-60. Denied. The averments contained in paragraphs 56-60 of Sandra Grace Swal's
New Matter constitute to conclusions of law to which no responsive pleading is required under
the Pennsylvania Rules of Civil Procedure and, accordingly, said averments are denied
Wherefore, defendants, Kurt Weiss Greenhouse s of Pennsylvania, Inc. and Kurt Weiss
Greenhouse, Inc. hereby demand that their cross claims asserted against additional defendant,
Sandra Grace Swal, be granted in their entirety.
McCORMICW& PRIORS
BY:
06phen M. McManus
Attorneys for Kurt Wes Greenhouses
of Pennsylvania and Kurt Weiss
Greenhouse, Inc.
DATED:
MCCORMICK & PRIORE
ATToRNEYs AT LAw
VERIFICATION
Stephen M. McManus, Esquire hereby states that he is counsel for Defendants, Kurt
Weiss Greenhouses of Pennsylvania, Inc. and Kurt Weiss Greenhouse, Inc., in the within matter,
and verifies that the statements made in the foregoing Reply of Defendants', Kurt Weiss
Greenhouses of Pennsylvania, Inc. and Kurt Weiss Greenhouse, Inc., to the New Matter Asserted
by Additional Defendant, Sandra Grace Swal true and correct to the best of his knowledge,
information and belief. The undersigned understands that the statements herein made are subject
to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities.
Dated: 2Z 5lll
MCCORMICK & PRIORE
Arror,NEYs AT LAw
CERTIFICATE OF SERVICE
I, Stephen M. McManus, Esquire, hereby certify that on this 5TH day of July, 2011, I
served a true and correct copy of the foregoing Reply of Defendants' Kurt Weiss Greenhouses of
Pennsylvania, Inc. and Kurt Weiss Greenhouse, Inc. to the New Matter Asserted by Additional
Defendant, Sandra Grace Swal, via first-class mail, postage prepaid, upon the following:
Douglas R. Bare, Esquire
The Law Firm of Douglas R. Bare
35 South Queen Street
York, PA 17403
Attorney for Plaintiff
Andrew J. Keenan, Esquire
William J. Ferren & Associates
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
Attorney for Defendants, Sherylene Brown and Jesse Frazer d/b/a Jesse Magic City
Brooks R. Foland, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street, 6`h Floor
P.O. Box 999
Harrisburg, PA 17108-09999
Attorney for Additional Defendant, Sandra Grace Swal
McCORMICK & PRJORE
BY:
Wphen M. McManus
Attorneys for Kurt Wes Greenhouses
of Pennsylvania and Kurt Weiss
Greenhouse, Inc.
MCCORMICK & PRIORS
ATTORNEYS AT LAw
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan, Esquire
Atty ID # 61990
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
Attorney for Defendants
Sherylene Brown, Individually, and
Jesse Frazier d/b/a Jesse Magic City
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs,
V.
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA, INC., and
KURTY WEISS GRENHOUSE INC.
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2010-SU-7362 c
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mp
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`-a
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
?-,
r-7 t
an ,
ui ?-4 c
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C-.3
rn _
Kindly substitute the attached original Verification of Defendant, Jessie Frazier, in place
of the attorney's Verification which was previously filed with Defendants' Answer to Plaintiffs'
Complaint.
WILLIAM J. FERREN &
By:
ANDREW J. D?efe? AN, SQUIRE
Attorney for n Vividually, Sherylene Brown, iand
Jesse Frazier d/b/a Jesse Magic City
TES
VERIFICATION
I, Jessie Frazier, the within-named Defendant, hereby states that I have reviewed the
foregoing Answer to Plaintiffs' Complaint and that the facts contained therein are true and correct to
the best of my knowledge, information and belief.
I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
SSIE PAAEA
d/b/a Jesse Magic City
Dated:
t
Swal v. Frazier
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan, Esquire
Atty ID # 61990
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
Attorney for Defendants
Sherylene Brown, Individually, and
Jesse Frazier d/b/a Jesse Magic City
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs,
V.
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA, INC., and
KURTY WEISS GRENHOUSE INC.
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2010-SU-7362
CERTIFICATE OF SERVICE
I, ANDREW J. KEENAN, ESQUIRE, attorney for Defendants, hereby certifies that a true
and correct copy of Praecipe to Substitute Verification was served upon the following, by way of
electronic mail and/or first class U.S. mail, postage prepaid on July 22, 2011:
Douglas Bare, Esquire
The Law Firm of Douglas Bare
35 South Queen Street
York, PA 17403
Jay L. Edelstein, Esquire
Edelstein Law, LLP
230 South Broad Street, Suite 900
Philadelphia, PA 19102
Stephen M. McManus, Esquire
McCormick & Priore, P.C.
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
WILLIAM J. FERREN & ASSOCIATES
BY: \
ANDREW J. KEEN
EL File No. 810.807
EDELSTEIN LAW, LLP
BY: JAY L. EDELSTEIN, ESQ.
Identification No.: 30227
230 South Broad Street, Suite 900
Philadelphia, PA 19102
(215) 893-9311
Attorney for Cross Claim Defendant,
Sandra Grace Swal
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs
vs.
SHERYLENE BROWN, individually, and
JESSE FRAZIER d/b/a JESSE MAGIC
CITY, and KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC., and
KURT WEISS GREENHOUSE, INC.
Defendants
vs.
SANDRA GRACE SWAL
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 2010-SU-7362
PRAECIPE TO SUBSTITUTE
TO THE PROTHONOTARY:
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=
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Cn N -
cD
--A C--
C:
-? cn
Kindly substitute the attached verification to Additional Defendant, Sandra Grace Swal's
Answer to Defendant's New Matter Crossclaim which was filed on July 1, 2011 in the above
matter.
LLP
7-20-11
BY
IK Y L. EDELS
A ftLmey for Cr
S andra nrae"
ESQUIRE
n Defendant,
VERIFICATION
The averments or denials of facts contained in the foregoing are true based upon the signer's
personal knowledge or information and belief. If the foregoing contains averments which are
inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the
inconsistent averments are true, but signer has knowledge or information sufficient to form a belief
that one of them is true. The language of this pleading is that of counsel and not of signer. This
verification is made subject to the penalties of 18 PA C.S.A. §4901-nqlating to unsworn falsification
to authorities.
DATE: 2- zo
File No.: 10. 07
17f?4
(Signature) - SANDRA GRACE SWAL
(Please print name) - SANDRA GRACE SWAL-
-OFFICE
a,'E Pt OTHONRAR
CERTIFICATE 2012 JUL Z 3 PM 2:
PREREQUISITE TO SERVICE OF A SUBFCURWRL AND CQUN'
PENNSYLVANIA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
Court of Common Pleas - Cumberland County, PA
TERM: / /
IC-
CASE No: SU-7362
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22.
RecordTrak on behalf of AMY E ASS .N
Defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served,
(2) No objection to the subpoena has been received or it has been waived, and
(3) The subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
Date : 07/18/2012--'
10
FY
RecordTrak on behalf of
/S/ AMY E. GASSEN
Attorney for Defendant
RT#: 219480
RECORDS PERTAIN TO: SANDRA G. SWAL
JOHN SWAL, ET AL. COURT: Court Of Common Pleas - Cumberland County,
vs. TERM: / /
SHERYLENE BROWN, ET AL. DOCKET: SU-7362
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
TO: DOUGLAS BARE
LAW FIRM OF DOUGLAS BARE
35 SOUTH QUEEN STREET
YORK, PA 17403
(717) 854-1910
June 28, 2012
Please take notice that on behalf of AMY E. GASSEN, attorney for Defendant, RecordTrak intends to serve a subpoena
the one(s) attached to this notice. You have until July 18, 2012 to file of record and serve upon the undersigned an obje
subpoena(s). If no objection is made, the subpoena(s) will be served.
IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE
BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY.
IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING
AND FAX THIS CORRESPONDENCE BY July 18, 2012 TO (610) 992-1405. All records will be provided (includ
statements) as produced by each record location.
Ian Lawrence 610-354-8325
REcoRDTRAK
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
LIST OF RECORD CUSTODIANS AND SUBPOENAS
TAG CORD CUSTODIAN
30 ATLANTIC PHYSICAL
TERIALS BEING OBTAINED
ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OR
[AND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE,
!UESTIONNAIRESMISTORY & RECORDS RECEIVED BY OTHER
HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMA
HEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORD
LL RECORDS LOCATED IN STORAGE.************PLEASE SIGI
.TTACHED CERTIFICATION AND RETURN WITH THE
PCORDR,
Yes, I would like a copy of all of the records listed above.
Yes, I would like specific records I have indicated above.
SIGNATURE:
FIRM:
Date:
ical to
to the
no record
AND
AND
THE
---------------------------- ---------
YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS ;OTICE
Signature of Plaintiff's Counsel: Date:
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
FIRM:
EMAIL:
COURT: Court Of Common Pleas -
Cumberland County, Pa
TERM: / /
DOCKET: SU-7362
Page 2
To: ATLANTIC PHYSICAL THERAPY REcoRDTRAK
To:
3650 COALITION DR 651 Allendale Road
MYRTLE BEACH, SC 29578 P. O. Box 61591
King of Prussia, PA 19406
COMMONWEALTH OF PENNSYLVANIA
COUNTY' OF CUMBERLAND
John Swal, et al
V
Sherylene Brown, et al
TO:
Art I ttA
Person or
File No. SU-7362
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce t ie
following documents or things:
at RecordTrak, 659 Allendale Rd. PO Box 61591. King of Prussia. PA 19406,
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 lis
above. You may have the right to seek in advance the reasonable cost of preparing copies or producinc
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
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: Recorffrak. Rc> ert Bradfield. Eso.
Address: 551 Alien ale_Rd, PO Box 61591
Kina of Prussia, PA 194
Telephone: 800-801-7620
Supreme Court ID#
Attomey for: Defendant
BY THE COURT:
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219480; TAG 30
LOCATION: ATLANTIC PHYSICAL THERAPY
RECORDS PERTAIN TO: SANDRA G. SWAL SS #: - -5343, DOB: 10/29/1942
1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND
WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY
& RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE
PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED
RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN
THE ATTACHED CERTIFICATION AND RETURN WITH THE
RECORDS.**************
E PRO THQFR
ON TA ,
CERTIFICATE 20112 JUL 30 PM , 25
PREREQUISITE TO SERVICE OF A SUBPOEUM ERLAND CO NTY
PENNS YLVANI
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
Court of Common Pleas - Cumberland County, PA
TERM: / / to,
CASE No: SU-7362
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22.
RecordTrak on behalf of MY E GASSEN
Defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served,
(2) No objection to the subpoena has been received or it has been waived, and
(3) The subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
Date : 07/25/2012
RecordTrak on behalf of
/S/ AMY E. GASSEN
Attorney for Defendant
RT#: 219480 i
RECORDS PERTAIN TO: SANDRA G. SWAL
JOHN SWAL, ET AL. COURT: Court Of Common Pleas - Cumberland County, Pa
vs. TERM: / /
SHERYLENE BROWN, ET AL. DOCKET: SU-7362
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
TO: DOUGLAS BARE
LAW FIRM OF DOUGLAS BARE
35 SOUTH QUEEN STREET
YORK, PA 17403
(717) 854-1910
June 28, 2012
Please take notice that on behalf of AMY E. GASSEN, attorney for Defendant, RecordTrak intends to serve a subpoena
the one(s) attached to this notice. You have until July 18, 2012 to file of record and serve upon the undersigned an obje
subpoena(s). If no objection is made, the subpoena(s) will be served.
IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE
BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY.
IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING
AND FAX THIS CORRESPONDENCE BY July 18, 2012 TO (610) 992-1405. All records will be provided (including
statements) as produced by each record location.
Ian Lawrence 610-354-8325
REcoRDTRAK
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
LIST OF RECORD CUSTODIANS AND SUBPOENAS
ical to
to the
record
TAG CORD CUSTODIAN MATERIALS BEING OBTAINED
30 ATLANTIC PHYSICAL 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE O ICE AND
THERAPY AND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE,
QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER
PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION
SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORD AND
L RECORDS LOCATED IN STORAGE. ************PLEASE SIG THE
ATTACHED CERTIFICATION AND RETURN WITH THE
Yes, I would like a copy of all of the records listed above.
Yes, I would like specific records I have indicated above.
SIGNATURE:
Date:
FIRM:
YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE
Signature of Plaintiffs Counsel: Date:
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
FIRM:
EMAIL:
COiJRT: Court Of Common Pleas -
Cumberland County, Pa
TERM: / /
DOCKET: SU-7362
Page 2
To: ATLANTIC PHYSICAL THERAPY RECORDTRAK
3650 COALITION DR 651 Allendale Road
P. O. Box 61591
MYRTLE BEACH, SC 29578 King of Prussia, PA 19406
i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
John Swal, et al
v
Sherylene Brown, et al
File No. SU-7362
TO: At I 0-,A
lNamia of Parson or
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce t
following documents or things:
at RecordTra 851 Allendale Rd PO Box 81599. 1:122 of Prussia PA 19406.
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 lis t
above. You may have the right to seek in advance the reasonable cost of preparing copies or producint the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days it i
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: _Recorffrak Robert Bradfield. Esq.
Address: 651 Allendale Rd. PO Box 61591
Kina of Prussia, PA 15406
Telephone: 800-801-7620
Supreme Court ID#
Attomey for: Defendant
aarof ttk?-, TH COURT:
DATE: `•'"..?': _
.a t~ ? . stt
Pr tarylCle , Civiil Drvisio
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219480; TAG 30
LOCATION: ATLANTIC PHYSICAL THERAPY
RECORDS PERTAIN TO: SANDRA G. SWAL SS #: - -5343, DOB: 10/29/1942
1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND
WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY
& RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE
PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED
RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN
THE ATTACHED CERTIFICATION AND RETURN WITH THE
RECORDS.**************
CERTIFICATE
fi)ed'04z'
D Tohcx?l
C I,,,ru ?
PREREQUISITE TO SERVICE OF A SUBPOENA /-?
Vn._rl 1i11JQ.n?Ck
PURSUANT TO RULE 4009.22
IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA
JOHN SWAL, ET AL.
vs. 'T'ERM:
SHERYLENE BROWN, ET AL. O'
CASE No: SU-7362
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22.
RecordTrak on behalf of AMY E. GASSEN
Defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served,
(2) No objection to the subpoena has been received or it has been waived, and
(3) The subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
Date : 07/25/2012
RecordTrak on behalf of
/S/ AMY E. GASSEN
Attorney for Defendant
RT#: 219519
RECORDS PERTAIN TO: JOHN SWAL
JOHN SWAL, ET AL. COURT: Court Of Common Pleas - Cumberland County,
vs. TERM: / /
SHERYLENE BROWN, ET AL. DOCKET: SU-7362
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
TO: DOUGLAS BARE
LAW FIRM OF DOUGLAS BARE
35 SOUTH QUEEN STREET
YORK, PA 17403
(717) 854-1910
July 3, 2012
Please take notice that on behalf of AMY E. GASSEN, attorney for Defendant, RecordTrak intends to serve a subpoena
the one(s) attached to this notice. You have until July 23, 2012 to file of record and serve upon the undersigned an obje
subpoena(s). If no objection is made, the subpoena(s) will be served.
IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE
BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY.
IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING
AND FAX THIS CORRESPONDENCE BY July 23, 2012 TO (610) 992-1405. All records will be provided (includ.
statements) as produced by each record location.
Ian Lawrence 610-354-8325
REcoRDTxftx
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
LIST OF RECORD CUSTODIANS AND SUBPOENAS
ical to
to the
no record
TAG CORD CUSTODIAN MATERIALS BEING OBTAINED
28 JFK MEDICAL CENTER 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFF ICE AND
(COMM HOSP GRP) (MED) AND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE,
QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER
PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFO ION
SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORD AND
L RECORDS LOCATED IN STORAGE.************PLEASE SIG THE
ATTACHED CERTIFICATION AND RETURN WITH THE
COR DS.************** ***INCLUDING BUT NOT LIMITED TO THE MRI
MS, REPORTS OF BRAIN W/O DYE ON 5/4/2006*** INCLUDIN
r BUT
C0
T LIMITED TO RECORDS FROM COMMUNITY HOSPITAL GRO UP.
**
29 JFK MEDICAL CENTER 1. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE
(COMM HOSP GRP) (RAD) FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EAC H.
LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING D TES OF
STUDY PRIOR TO COPYING.** ***INCLUDING BUT NOT LI IITE TO THE
MRI FILMS, REPORTS OF BRAIN W/O DYE ON 5/4/2006*** INCL ING
UT NOT LIMITED TO RECORDS FROM COMMUNITY HOSPITAL ROUP.
JOHN SWAL, ET AL. COURT: Court Of Common Pleas -
Cumberland County, Pa
vs. TERM: / /
SHERYLENE BROWN, ET AL. DOCKET: SU-7362
30 JFK MEDICAL CENTER 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING L
(COMM HOSP GRP) (BILL) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORD
ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL OU
WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACC UN
CORDS IN YOUR POSSESSION. INCLUDING BUT NOT LIMITS TO
CORDS FROM COMMUNITY HOSPITAL GROUP. **
Yes, I would like a copy of all of the records listed above.
Yes, I would like specific records I have indicated above.
SIGNATURE:
FIRM:
Date:
------------------------------------------
YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS
Signature of Plaintiff's Counsel:
Date:
FIRM:
EMAIL:
Page 2
CE
To: JFK MEDICAL CENTER (COMM HOSP GRP)
(MED)
65 JAMES ST.
EDISON. NJ 08818
COMMONWEALTH OF PENNSYLY
COUNTY OF CUMBERLAND
John Swal, et al
RECORDTRAK
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
ANIA
V
File No. SU-7362
Sherylene Brown, et al
TO:
JFK MEDICAL CENTER
(Nsmsw of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce tt
following documents or things:
-
RAP arrAc•hed rider,
at RecoU Trak, 651 Allendale Rd. EO &x 61591 Kina of Prussia. PA 19406.
You may deliver or trail 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 He
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
its service, the party serving this subpoena may seek a court order compelling you to comply with ft.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: RecordTmk Robert Bradfield. Esq.
Address: 651 Allendale Rd. PO Box 61591
King of Prussia. PA 15408
Telephone: 800-801-76
Supreme Court 100
Attorney for: Defendtint.. , .. ,
DATE..
too
BY THE COURT:
??'j j -
Proth ry lark, Civic ivisio 7
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219519; TAG 28
LOCATION: JFK MEDICAL CENTER (COMM HOSP GRP) (MED)
RECORDS PERTAIN TO: JOHN SWAL SS #: , DOB: 05/04/1940
1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND
WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY
& RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE
PATIENTS INFORMATION SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED
RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN
THE ATTACHED CERTIFICATION AND RETURN WITH THE
RECORDS.**************
***INCLUDING BUT NOT LIMITED TO THE MRI FILMS, REPORTS OF BRAIN W/O
DYE ON 5/4/2006***
INCLUDING BUT NOT LIMITED TO RECORDS FROM COMMUNITY HOSPITAL GROUP.
ss
T0: JFK MEDICAL CENTER (COMM HOSP GRP) "CORDTRAK
(RAD) 651 Allendale Road
65 JAMES ST. P. O. Box 61591
EDISON. NJ 08818 King of Prussia, PA 19406
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
John Swal, et all
v
File No. SU-7362
Sherylene Brown, et al
TO:
JFK MEDICAL CENTER.
(name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce ti
following documents or things. See attached rider.
at RecordTrak 651 Allendale Rd PO Sox 61591 iKina of Prussia PA 19408
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 marking this request at the address list
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days .
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: RecordTrak Robert Bradfield. Esa.
Address: 651 Allendale Rd. PO Box 61591
Kinol of,Prussia, PA 19406
Telephone: 600-801-7620
Supreme Court ID#
Attorney for: Defdoo;kirt; ...
DATE4
... =feat ctf?e-CousFt ? ?:
BY THE COURT:
Prothon !Clerk, Civil lvislor
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219519; TAG 29
LOCATION: JFK MEDICAL CENTER (COMM HOSP GRP) (RAD)
RECORDS PERTAIN TO: JOHN SWAL SS #: , DOB: 05/04/1940
1. ALL X-RAYS, MRI SCANS, CT SCANS.
"PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE
FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES
OF STUDY PRIOR TO COPYING.* *
***INCLUDING BUT NOT LIMITED TO THE MRI FILMS, REPORTS OF BRAIN W/O
DYE ON 5/4/2006***
INCLUDING BUT NOT LIMTTED TO RECORDS FROM COMMUNITY HOSPITAL GROUP.
To: JFK MEDICAL CENTI';R (COMM HOSP GRP) RECORDTRAK
(BILL) 651 Allendale Road
65 JAMES ST. P. O. Box 61591
EDISON. NJ 08818 King of Prussia, PA 19406
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
John Swal, et al
v
File No. SU-7362
Sherylene Brown, et al
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4W9.22
TO:
JFK MEDICAL CENTER
(Name of Person or Entity)
Within twenty (26) days after service of this subpoena, you are ordered by the Court to produce tt
fallowing documents or things: See attached rider.
at RecordTrak. ¢61 Allendale Rd. PO Sox 61591, Kong of Prussia. PA 19466.
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 list
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing
things sought.
If you fall to produce the documents or things required by this subpoena within twenty (20) days
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: ReeordTrak. Robert Bradfield. Esc.
Address: 651 Allendale Rd. PO Box 61591
King of Prussia. PA 19406
Telephone. 800-801-7620
Supreme Court ID#
Attorney for: ftfthdant
BY THE
Division
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219519; TAG 30
LOCATION: JFK MEDICAL CENTER (COMM HOSP GRP) (BILL)
RECORDS PERTAIN TO: JOHN SWAL SS #: , DOB: 05/04/1940
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS,
ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES,
PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND
ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION.
INCLUDING BUT NOT LIMITED TO RECORDS FROM COMMUNITY HOSPITAL GROUP.
PRDTNONpTAR
CERTIFICATE
2?12gut as P? is
PREREQUISITE TO SERVICE OF A SUBPO9RL. aNp COUN?
PENNSYLVAN?A
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
Court of Common Pleas - Cumberland County, PA
TERM: / /
1V_
CASE No: SU-7362
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22.
RecordTrak on behalf of AMY E. GASSEN
Defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served,
(2) No objection to the subpoena has been received or it has been waived, and
(3) The subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
Date : 07/23/2012
RecordTrak on behalf of
/S/ AMY E. GASSEN
Attorney for Defendant
RT#: 219519
RECORDS PERTAIN TO: JOHN SWAL
JOHN SWAL, ET AL. COURT: Court Of Common Pleas - Cumberland County, Pa,
vs. TERM:
SHERYLENE BROWN, ET AL. DOCKET: SU-7362
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
TO: DOUGLAS BARE
LAW FIRM OF DOUGLAS BARE
35 SOUTH QUEEN STREET
YORK, PA 17403
(717) 854-1910
July 3, 2012
Please take notice that on behalf of AMY E. GASSEN, attorney for Defendant, RecordTrak intends to serve a subpoena
the one(s) attached to this notice. You have until July 23, 2012 to file of record and serve upon the undersigned an obj4
subpoena(s). If no objection is made, the subpoena(s) will be served.
IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE
BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY.
IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING
AND FAX THIS CORRESPONDENCE BY July 23, 2012 TO (610) 992-1405. All records will be provided (includ
statements) as produced by each record location.
Ian Lawrence 610-354-8325
RECOKDTRAK
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
LIST OF RECORD CUSTODIANS AND SUBPOENAS
.cal to
to the
no record
TAG CORD CUSTODIAN MATERIALS BEING OBTAINED
28 JFK MEDICAL CENTER 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE O ICE AND
(COMM HOSP GRP) (MED) ND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE,
QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER
PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMA TION
SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORD AND
L RECORDS LOCATED IN STORAGE. ************PLEASE SIG THE
ATTACHED CERTIFICATION AND RETURN WITH THE
CORDS.************** ***INCLUDING BUT NOT LIMITED TO MRI
MS, REPORTS OF BRAIN W/O DYE ON 5/4/2006*** INCLUDIN
F
II BUT
T
LIMITED TO RECORDS FROM COMMUNITY HOSPITAL GRO
CO UP.
**
29 JFK MEDICAL CENTER 1. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE
(COMM HOSP GRP) (RAD) FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EA CH.
LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING D TES OF
STUDY PRIOR TO COPYING.** ***INCLUDING BUT NOT LIMITS TO THE
MRI FILMS, REPORTS OF BRAIN W/O DYE ON 5/4/2006*** INCL ING
BUT NOT LIMITED TO RECORDS FROM COMMUNITY HOSPITAL ROUP.
JOHN SWAL, ET AL.
vs.
SHERYLENE BROWN, ET AL.
30 JFK MEDICAL CENTER
(COMM HOSP GRP) (BILL)
COURT: Court Of Common Pleas -
Cumberland County, Pa
TERM: / /
DOCKET: SU-7362
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RI
ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL
WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT A(
CORDS IN YOUR POSSESSION. INCLUDING BUT NOT LIMIT
CORDS FROM COMMUNITY HOSPITAL GROUP. **
Yes, I would like a copy of all of the records listed above.
Yes, I would like specific records I have indicated above.
SIGNATURE:
FIRM:
Date:
YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS
Signature of Plaintiff's Counsel:
FIRM:
EMAIL:
Date:
TO
Page 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
John Swal, et al
V
Sherylene Brown, et al
CU
File No. SU-7362
PURSUANT TO RULE 4009.22
' ?-S'/ll/VX/ 1 1`'
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produc the
ng documents or things:
ordTrak 651 Allendale Rd, PO Box 61591, King of Prussia. PA 19406.
You may deliver or mail legible copies of the documents or produce things requested by this
pc ena, together with the certificate of compliance, to the party making this request at the address listed
ve. You may have the right to seek in advance the reasonable cost of preparing copies or producing the
g: sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) da s after
-ei vice, the party serving this subpoena may seek a court order compelling you to comply with it.
IS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
E RecordTrak Robert Bradfield, Esq.
r :ss: 651 Allendale Rd, PO Box 61591
King of Prussia, PA 19406
el hone: 800-801-7620
pr :me Court ID#
or ney for: odfendant-
Sea lgflb Gourt
BY TH OURT:
1
Pro ary/Clerk, Civil Divi;
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219519; TAG 28
LOCATION: JFK MEDICAL CENTER (COMM HOSP GRP) (MED)
RECORDS PERTAIN TO: JOHN SWAL SS #: , DOB: 05/04/1940
1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND
WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY
& RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE
PATIENTS INFORMATION SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED
RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN
THE ATTACHED CERTIFICATION AND RETURN WITH THE
RECORDS.**************
***INCLUDING BUT NOT LIMITED TO THE MRI FILMS, REPORTS OF BRAIN W/O
DYE ON 5/4/2006***
INCLUDING BUT NOT LIMITED TO RECORDS FROM COMMUNITY HOSPITAL, GROUP.
*s
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
John Swal, et al
• I
V
: File No. SU-7362
Sherylene Brown, et al
I
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVER
PURSUANT TO RULE 4009.22
TO: A-
(Name of Person or Entity)
Ithin twenty (20) days after service of this subpoena, you are ordered by the Court to produce t ie
following documents or things:
at Record Trak 651 Allendale Rd PO Box 61591. King of Prussia. PA 19406.
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 W to
above. You may have the right to seek in advance the reasonable cost of preparing copies or produci c the:
things sought.
If you fail to produce the documents or -things required by this subpoena within twenty (20) da,.
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: RecordTrak Robert Bradfield, Esq.
Address: 651 Allendale Rd PO Box 61591
King of Prussia PA 19406
Telephone: 800-801-7620
Supreme Court ]D#-
Attorney for: „Defendaf t
T
Seal gfi#he courtt,
BY TH"OURT:
:n
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219519; TAG 29
LOCATION: JFK MEDICAL CENTER (COMM HOSP GRP) (RAD)
RECORDS PERTAIN TO: JOHN SWAL SS #: , DOB: 05/04/1940
1. ALL X-RAYS, MRI SCANS, CT SCANS.
**PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE
FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES
OF STUDY PRIOR TO COPYING.**
***INCLUDING BUT NOT LIMITED TO THE MRI FILMS, REPORTS OF BRAIN W/O
DYE ON 5/4/2006***
INCLUDING BUT NOT LIMITED TO RECORDS FROM COMMUNITY HOSPITAL GROUP.
**
John Swal, et al
v
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Sherylene Brown, et al File No. SU-7362
PURSUANT TO RULE 4009.22
,o (LTV VY?Urn,Uln.?._K.i
(Name of Person or
within twenty (20) days after service of this subpoena, you are ordered by the Court to produce tl ie
following documents or things:
at RecordTrak 651 Allendale Rd PO Box 61591 King of Prussia PA 19406
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
above. You may have the right to seek in advance the reasonable cost of preparing copies or produci
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) d
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: RecordTrak Robert Bradfield Esa
Address: 651 Allendale Rd PO Box 61591
Kina of Prussia. PA 19406
Telephone: 800-801-7620
Supreme Court ID#-
Attorney for: Defendant',
DATEI?:
Seal9fthe;C Tt
BY TH"OURT:
Division
rid
the
RE: JOHN SWAL, ET AL. vs. SHERYLENE BROWN, ET AL.
CASE NO. SU-7362
RECORDTRAK FILE #: 219519; TAG 30
LOCATION: JFK MEDICAL CENTER (COMM HOSP GRP) (BILL)
RECORDS PERTAIN TO: JOHN SWAL SS #: , DOB: 05/04/1940
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS,
ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES,
PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND
ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION.
INCLUDING BUT NOT LIMITED TO RECORDS FROM COMMUNITY HOSPITAL, GROUP.
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan,Esquire
Atty ID #61990 Attorney for Defendants
10 Sentry Parkway, Suite 301 Sherylene Brown,Individually, and
Blue Bell,PA 19422 Jesse Frazier d/b/a Jesse Magic City
(215)274-1710
JOHN SWAL, and his wife COURT OF COMMON PLEAS
SANDRA GRACE SWAL, CUMBERLAND COUNTY, PA
Plaintiffs,
V.
NO. 2010-SU-7362 c
SHERYLENE BROWN,,individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC -n
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA,INC., and
KURT WEISS GRENHOUSE INC. _C) "`�'F
�. CD
Defendants C-- r11
V.
SANDRA GRACE SWAL,
Additional Defendant
DEFENDANTS' MOTION TO COMPEL ANSWERS TO DEFENDANTS'
SUPPLEMENTAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF
DOCUMENTS
Comes Now, Defendants by and through their undersigned counsel, who hereby move
this Honorable Court for an Order compelling Plaintiffs to answer Defendants' Supplemental
Interrogatories and Request for Production of Documents and in support thereof aver the
following:
1. This is a claim for personal injuries allegedly sustained as a result of a motor
vehicle accident that occurred on May 5, 2009.
2. On January 25, 2103 Defendants' Supplemental Interrogatories and Request for
Production of Documents were served on plaintiffs' counsel. A copy of the emails enclosing the
discovery requests are attached.
3. On April 8, 2013 the undersigned counsel emailed plaintiffs' counsel about the
outstanding discovery requests. A copy of the email is attached hereto.
4. To date Plaintiffs have not responded to Defendants' discovery requests.
5. This Court is empowered to enter an Order compelling plaintiffs to answer
discovery pursuant to Pa. R. Civ. P. 4019.
WHEREIFORE,Defendants,respectfully request that their motion be granted and that the
attached Court Order be entered.
Respectfully submitted,
WILLIAM I FERREN ASSOCIATES
By:
ANDREW I KVENAN,ESQUIRE
Attorney for D fend is
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan,Esquire
Atty ID #61990 Attorney for Defendants
10 Sentry Parkway, Suite 301 Sherylene Brown, Individually, and
Blue Bell,PA 1.9422 Jesse Frazier d/b/a Jesse Magic City
(215)274-1710
JOHN SWAL, and his wife COURT OF COMMON PLEAS
SANDRA GRACE SWAL, CUMBERLAND COUNTY, PA
Plaintiffs,
V.
NO. 2010-SU-7362
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA,INC., and
KURT WEISS GRENHOUSE INC.
Defendants
V.
SANDRA GRACE SWAL,
Additional Defendant
ATTORNEY CERTIFICATION OF GOOD FAITH
Pursuant to Phila.Civ.R.208.2(e)
The undersigned counsel for movant certifies and attests that:
(a) He had the contacts described below with opposing counsel regarding the discovery
matter contained in the foregoing motion in an effort to resolve the specific dispute(s)at issue and further,
that despite all counsel's good faith attempt to resolve the dispute(s),has been unable to do so.
Description: See contents of Motion.
(b) He has made good faith but unsuccessful efforts described below to contact opposing
counsel.
Description: Attempts were made to resolve this issue by email.
WILLIAM J. FERREN ASSOCIATES
BY:
ANDREW J. E AN,ESQUIRE
VERIFICATION
I,ANDREW J. KEENAN,ESQUIRE,being duly sworn according to law,deposes and
says that he is attorney for Defendants,that he is authorized to take this Verification on behalf of
Defendants,and that the within Motion contains issues of substantive law upon which he is entitled
to express an opinion as an attorney and concerning which the Defendants,would not be in a
position to take an affidavit,and that the matter set forth therein is true and correct to the best of his
knowledge, information and belief. Subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
ANDREW J. 16NAN,ESQUIRE
Dated:
WILLIAM J. FERREN & ASSOCIATES
Andrew J. Keenan, Esquire
Atty ID #61990 Attorney for Defendants
10 Sentry Parkway, Suite 301 Sherylene Brown, Individually, and
Blue Bell,PA 19422 Jesse Frazier d/b/a Jesse Magic City
(215)274-1710
JOHN SWAL, and his wife COURT OF COMMON PLEAS
SANDRA GRACE SWAL, CUMBERLAND COUNTY,PA
Plaintiffs,
V.
NO. 2010-SU-7362
SHERYLENE BROWN, individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA,INC., and
KURT WEISS GRENHOUSE INC.
Defendants
V.
SANDRA GRACE SWAL,
Additional Defendant
CERTIFICATE OF SERVICE
I,Andrew J. Keenan,Esquire, counsel for Defendants, hereby state that a true and correct
copy of the foregoing Motion to Compel was served on the counsel below on July 12, 2013 by
electronic mail/and/or U.S. regular first-class mail, first-class postage prepaid.
Douglas Bare, Esquire
The Law Firm of Douglas Bare
35 South Queen Street
York, PA 17403
Stephen M. McManus, Esquire
McCormick&Priore, P.C.
1767 Sentry Parkway West
Suite 315
Blue Bell, PA 19422
Jay L. Edelstein,Esquire
Edelstein Law,LLP
230 South Broad Street, Suite 900
Philadelphia,PA 19102
Brooks Foland,Esquire
Thomas,Thomas&Hafer
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
WILLIAM J. FERREN & SOCIATES
BY:
ANDREW J. AN,ESQUIRE
Page 1 of 1
Keenan,Andrew J.
From: KeenanAndrew J.
Sent: Thursday, January 24, 2013 7:06 PM
To: 'dmay'
Cc: 'Stephen McManus';jedelstein@edelsteinlaw.com; Brooks Foland
Subject: Swal
Attachments: supp rogs-john swal.doc; SuppRPD-john swal.doc
Attached are Defendant Sherylene Brown's discovery requests directed to John Swal. Please respond
accordingly.
Thank you.
7/11/2013
Page 1 of 1
Keenan,Andrew J.
From: Keenan,Andrew J.
Sent: Friday, January 25, 2013 3:41 PM
To: dmay
Cc: jedelstein @edelsteinlaw.com; Stephen McManus; Brooks Foland
Subject: Swal
Attachments: SuppRPD-SANDRA SWAL.doc; SUPP ROGS-SANDRA.doc
Attached are supplemental interrogatories and request for production of documents directed to Sandra Wwal.
7/11/2013
F Page 1 of 1
Keenan,Andrew J.
From: Keenan,Andrew J.
Sent: Monday, April 08, 2013 4:00 PM
To: dmay
Subject: Swal
Darla:
Upon reviewing my file I note that I served discovery requests on your office on 1/25/13. Can you please let me
know a status on the responses?
Thanks.
7/11/2013
JOHN SWAL, and his wife COURT OF COMMON PLEAS
SANDRA GRACE SWAL, CUMBERLAND COUNTY,PA
Plaintiffs,
V.
NO. 2010-SU-7362
SHERYLENE BROWN,individually, and:
JESSE FRAZIER d/b/d JESSE MAGIC
CITY,
KURT WEISS GREENHOUSES OF
PENNSYLVANIA,INC., and
KURT WEISS GRENHOUSE INC.
Defendants LAI Ul
V.
SANDRA GRACE SWAL,
Additional Defendant
ORDER
AND NOW,this
2013,upon consideratio n
4day of U..Ak n
of Defendants' Motion to Compel Plaintiffs' Answers to Defendants' Supplemental
Interrogatories and Supplemental Request for production of Documents it is ORDERED and
DECREED that Defendants' Motion is GRANTED and Plaintiffs shall fully and completely
answer Defendants' Supplemental Interrogatories and Supplemental Request for Production of
Documents without objection and fully respond to Defendants' within ten(10) days of the date
of this Order or risk Sanctions upon further application to the Court.
BY T:
of
cz, CNJ
CO
1E J.
CD71- :z--J .0
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C%J
LL-LO
13-06326PW
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
,..
w
In the Matter of: Court of Common Pleas w;.
JOHN SWAL Cumberland County cif— `-'
p J JP .S
-VS rte. l
SHERYLENE BROWN ET AL No. 2010-7362 (.77
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22
CCLR on behalf of ANDREW J. KEENAN, ESQUIRE
Defendant certifies that
(1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto
was/were mailed or delivered to each party at least twenty days prior to the date on which
the subpoena(s) is/are sought to be served.
(2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the
certificate.
(3) No objection to the subpoena(s) has been received.
(4) The subpoena(s)which will be served is/are identical to the subpoena(s)which is/are
attached to the notice of intent to serve the subpoena(s).
r
DATE: 10/9/2013 AND . K EN A N, ESQUIR
Counsel for Defendant
Center City Legal Reproductions, Inc.
CLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
JOHN SWAL IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
•
•
VS.
•
SHERYLENE BROWN ET AL No.2010-7362
•
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
DOUGLAS BARE, ESQUIRE
LAW OFFICES OF DOUGLAS BARE
35 S. QUEEN STREET
YORK, PA 17403
Please take notice there has been a request by ANDREW J. KEENAN, ESQUIRE, counsel
for the Defendant in the above case for production and copying of records in the
possession of(see enclosures).
These records pertain to JOHN SWAL.
Enclosed is(are) a copy (copies) of the subpoena(s)to be served on the custodian of
such records and also a Counsel Return Page for you to fill out and return to us stating
whether you would like to order a copy of the records and whether you have any
objections to the production and copying of such records or manner thereof. The fee per
location is enclosed on the Counsel Return Page.
The subpoena will be sent to the records custodian twenty (20) days from the date of this
notice requesting that the records be produced on or before ten (10) days thereafter
unless we hear from you to the contrary on the Counsel Return Page. If you state an
objection on the Counsel Return Page, we will proceed accordingly.
If you require assistance, please contact our office.
DATE: September 18, 2013
Enclosures : Copy(copies)of Subpoena(s)
Counsel Return Page
Center City Legal Reproductions, Inc.
C LR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
JOHN SWAL CCLR File NO. 13-06326PW
vs. •
•
SHERYLENE BROWN ET AL •
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 9/18/2013 regarding
records in the custody of(see attached subpoena(s)) and respond as follow:
(1) COPIES yes / no
I would like a copy of the records in question sent to me, and agree to
pay the price noted in the Notice of Records Reproduction Request.
(2) I would like copies of X-Rays sent to me. yes / no
(3) OBJECTION
In accordance to rules governing civil procedure a copy of date/time stamped
filing needs to be sent to Center City Legal Reproductions prior to 10/9/2013.
Failure to do so shall serve as an agreement that the records reproduction
service should proceed with the records collection process.
(4) I would like to look at the records at a Center City location before yes / no
deciding whether to order a copy.
2013 Copy Fees/Per Location
Administrative Fee $17.00
Pages 1-20 $.95
Pages 21-60 $.65
Pages 61 &Above $.20
Date:
Attorney for plaintiff(s)/defendant(s)
DOUGLAS BARE, ESQUIRE
LAW OFFICES OF DOUGLAS BARE
35 S. QUEEN STREET
YORK, PA 17403
Center City Legal Reproductions, Inc.
C LR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
JOHN SWAL • IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
•
•
VS.
•
SHERYLENE BROWN ET AL No.2010-7362
•
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
STEPHEN M. MCMANUS, ESQUIRE
MCCORMICK & PRIORE
1767 SENTRY PARKWAY WEST
SUITE 315
BLUE BELL, PA 19422
Please take notice there has been a request by ANDREW J. KEENAN, ESQUIRE, counsel
for the Defendant in the above case for production and copying of records in the
possession of(see enclosures).
These records pertain to JOHN SWAL.
Enclosed is(are) a copy (copies) of the subpoena(s)to be served on the custodian of
such records and also a Counsel Return Page for you to fill out and return to us stating
whether you would like to order a copy of the records and whether you have any
objections to the production and copying of such records or manner thereof. The fee per
location is enclosed on the Counsel Return Page.
The subpoena will be sent to the records custodian twenty (20) days from the date of this
notice requesting that the records be produced on or before ten (10) days thereafter
unless we hear from you to the contrary on the Counsel Return Page. If you state an
objection on the Counsel Return Page, we will proceed accordingly.
If you require assistance, please contact our office.
DATE: September 18, 2013
Enclosures : Copy(copies)of Subpoena(s)
Counsel Return Page
Center City Legal Reproductions, Inc.
CLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
JOHN SWAL
•
CCLR File NO. 13-06326PW
•
vs. •
•
SHERYLENE BROWN ET AL
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 9/18/2013 regarding
records in the custody of(see attached subpoena(s)) and respond as follow:
(1) COPIES yes/ no
I would like a copy of the records in question sent to me, and agree to
pay the price noted in the Notice of Records Reproduction Request.
(2) I would like copies of X-Rays sent to me. yes/ no
(3) OBJECTION
In accordance to rules governing civil procedure a copy of date/time stamped
filing needs to be sent to Center City Legal Reproductions prior to 10/9/2013.
Failure to do so shall serve as an agreement that the records reproduction
service should proceed with the records collection process.
(4) I would like to look at the records at a Center City location before yes / no
deciding whether to order a copy.
2013 Copy Fees/Per Location
Administrative Fee $17.00
Pages 1-20 $.95
Pages 21-60 $.65
Pages 61 &Above $.20
Date:
Attorney for plaintiff(s)/defendant(s)
STEPHEN M. MCMANUS, ESQUIRE
MCCORMICK & PRIORE
1767 SENTRY PARKWAY WEST
SUITE 315
BLUE BELL, PA 19422
Center City Legal Reproductions, Inc.
CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
JOHN SWAL IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
•
•
VS.
SHERYLENE BROWN ET AL No.2010-7362
•
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
BROOKS FOLAND, ESQUIRE
THOMAS, THOMAS & HAFER, LLP (HARR)
305 N. FRONT STREET, 6TH FLOOR
P. O. BOX 999
HARRISBURG, PA 17108
Please take notice there has been a request by ANDREW J. KEENAN, ESQUIRE, counsel
for the Defendant in the above case for production and copying of records in the
possession of(see enclosures).
These records pertain to JOHN SWAL.
Enclosed is(are) a copy (copies) of the subpoena(s)to be served on the custodian of
such records and also a Counsel Return Page for you to fill out and return to us stating
whether you would like to order a copy of the records and whether you have any
objections to the production and copying of such records or manner thereof. The fee per
location is enclosed on the Counsel Return Page.
The subpoena will be sent to the records custodian twenty (20) days from the date of this
notice requesting that the records be produced on or before ten (10) days thereafter
unless we hear from you to the contrary on the Counsel Return Page. If you state an
objection on the Counsel Return Page, we will proceed accordingly.
If you require assistance, please contact our office.
DATE: September 18, 2013
Enclosures : Copy(copies)of Subpoena(s)
Counsel Return Page
Center City Legal Reproductions, Inc.
CLLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
JOHN SWAL • CCLR File NO. 13-06326PW
•
vs. •
•
SHERYLENE BROWN ET AL •
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 9/18/2013 regarding
records in the custody of(see attached subpoena(s)) and respond as follow:
(1) COPIES yes / no
I would like a copy of the records in question sent to me, and agree to
pay the price noted in the Notice of Records Reproduction Request.
(2) I would like copies of X-Rays sent to me. yes/ no
(3) OBJECTION
In accordance to rules governing civil procedure a copy of date/time stamped
filing needs to be sent to Center City Legal Reproductions prior to 10/9/2013.
Failure to do so shall serve as an agreement that the records reproduction
service should proceed with the records collection process.
(4) I would like to look at the records at a Center City location before yes / no
deciding whether to order a copy.
2013 Copy Fees/Per Location
Administrative Fee $17.00
Pages 1-20 $.95
Pages 21-60 $.65
Pages 61 &Above $.20
Date:
Attorney for plaintiff(s)/defendant(s)
BROOKS FOLAND, ESQUIRE
THOMAS, THOMAS & HAFER, LLP (HARR)
305 N. FRONT STREET, 6TH FLOOR
P. O. BOX 999
HARRISBURG, PA 17108
Center City Legal Reproductions, Inc.
C C LR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
JOHN SWAL • IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
•
•
VS.
SHERYLENE BROWN ET AL No.2010-7362
•
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
JAY L. EDELSTEIN, ESQUIRE
EDELSTEIN LAW, LLP
230 S. BROAD STREET
SUITE 900
PHILADELPHIA, PA 19102
Please take notice there has been a request by ANDREW J. KEENAN, ESQUIRE, counsel
for the Defendant in the above case for production and copying of records in the
possession of(see enclosures).
These records pertain to JOHN SWAL.
Enclosed is(are) a copy (copies) of the subpoena(s)to be served on the custodian of
such records and also a Counsel Return Page for you to fill out and return to us stating
whether you would like to order a copy of the records and whether you have any
objections to the production and copying of such records or manner thereof. The fee per
location is enclosed on the Counsel Return Page.
The subpoena will be sent to the records custodian twenty (20) days from the date of this
notice requesting that the records be produced on or before ten (10) days thereafter
unless we hear from you to the contrary on the Counsel Return Page. If you state an
objection on the Counsel Return Page, we will proceed accordingly.
If you require assistance, please contact our office.
DATE: September 18, 2013
Enclosures : Copy(copies)of Subpoena(s)
Counsel Return Page
Center City Legal Reproductions, Inc.
C C LR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
JOHN SWAL
•
CCLR File NO. 13-06326PW
•
vs. •
•
SHERYLENE BROWN ET AL
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 9/18/2013 regarding
records in the custody of(see attached subpoena(s)) and respond as follow:
(1) COPIES yes/ no
I would like a copy of the records in question sent to me, and agree to
pay the price noted in the Notice of Records Reproduction Request.
(2) I would like copies of X-Rays sent to me. yes/ no
(3) OBJECTION
In accordance to rules governing civil procedure a copy of date/time stamped
filing needs to be sent to Center City Legal Reproductions prior to 10/9/2013.
Failure to do so shall serve as an agreement that the records reproduction
service should proceed with the records collection process.
(4) I would like to look at the records at a Center City location before yes / no
deciding whether to order a copy.
2013 Copy Fees/Per Location
Administrative Fee $17.00
Pages 1-20 $.95
Pages 21-60 $.65
Pages 61 &Above $.20
Date:
Attorney for plaintiff(s)/defendant(s)
JAY L. EDELSTEIN, ESQUIRE
EDELSTEIN LAW, LLP
230 S. BROAD STREET
SUITE 900
PHILADELPHIA, PA 19102
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
•
VS
•
•
SHERYLENE BROWN ET AL :
•
File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO:ATLANTIC UROLOGY CLINICS-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk, Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
(215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: ATLANTIC UROLOGY CLINICS - MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
•
VS
•
SHERYLENE BROWN ET AL :
•
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: CALABASH MEDICAL CENTER-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk, Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
(215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: CALABASH MEDICAL CENTER- MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
•
VS
SHERYLENE BROWN ET AL :
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: HIGHMARK,INC-RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: HIGHMARK, INC. - RECORDS DEPT.
Re: JOHN SWAL
ANY AND ALL RECORDS, MEDICAL REPORTS, MEMOS, DOCUMENTS,ANY WRITTEN
INFORMATION CONTAINED IN FILE PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE
MUST BE SIGNED AND DATED** (DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS •
SHERYLENE BROWN ET AL :
•
•
File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: HORIZON BLUE CROSS/BLUE SHIELD-CLAIMS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
"*SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE:215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CLLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
' • • ' (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: HORIZON BLUE CROSS/BLUE SHIELD -CLAIMS DEPT.
Re: JOHN SWAL
ANY AND ALL RECORDS, REPORTS, MEMOS, DOCUMENTS,ANY WRITTEN INFORMATION
CONTAINED IN FILE REGARDING#3H2N54578430; GROUP NO:000090500. **CERTIFICATION
PAGE MUST BE SIGNED AND DATED**
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
•
VS
•
SHERYLENE BROWN ET AL :
•
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: LORIS HOSPITAL-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:ANDREW KEENAN,ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE:215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
(215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: LORIS HOSPITAL - MEDICAL RECORDS DEPT.
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS
•
•
SHERYLENE BROWN ET AL :
•
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: LORIS HOSPITAL-RADIOLOGY FILE ROOM
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM`*
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:ANDREW KEENAN,ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
R 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: LORIS HOSPITAL- RADIOLOGY FILE ROOM
Re: JOHN SWAL
ANY AND ALL RADIOLOGY REPORTS PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE
MUST BE SIGNED AND DATED** (DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS •
•
SHERYLENE BROWN ET AL :
•
•
File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: MCLEOD PHYSICIAN ASSOCIATES-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:ANDREW KEENAN,ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE:215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS •
•
•
SHERYLENE BROWN ET AL :
•
•
File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: MCLEOD PHYSICIAN ASSOCIATES-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
"*SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
(215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: MCLEOD PHYSICIAN ASSOCIATES- MEDICAL RECORDS DEPARTMENT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES,TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
•
VS
•
SHERYLENE BROWN ET AL :
•
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: PEE DEE CARDIOLOGY-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Add
Center City Legal Reproductions, Inc.
C V L 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
(215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: PEE DEE CARDIOLOGY- MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES,TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS •
•
SHERYLENE BROWN ET AL :
•
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: SEACOST MEDICAL CENTER-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
"SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
(215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: SEACOAST MEDICAL CENTER- MEDICAL RECORDS DEPT.
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES,TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
•
VS
SHERYLENE BROWN ET AL :
•
File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: SEACOST PODIATRY-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
R 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
(215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: SEACOAST PODIATRY- MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES,TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS •
•
SHERYLENE BROWN ET AL :
•
•
File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: STRAND ORTHO CONSULTANTS-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CLLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: STRAND ORTHO CONSULTANTS - MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES,TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS •
SHERYLENE BROWN ET AL :
•
File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: STRAND PHYSICIAN SPECIALIST-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
• • • • (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: STRAND PHYSICIAN SPECIALIST- MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES,TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS
SHERYLENE BROWN ET AL :
•
File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: UROLOGICAL ASSOCIATES-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
�■„Abb.. Center City Legal Reproductions, Inc.
CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
■ ■ • ■ (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
ADDENDUM TO SUBPOENA
**************************
To: UROLOGICAL ASSOCIATES - MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES,TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
•
VS
•
•
SHERYLENE BROWN ET AL :
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO:WACCAMAW COMMUNITY HOSPITAL-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
o Center City Legal Reproductions, Inc.
CLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
■ ■ ■ ■ (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: WACCAMAW COMMUNITY HOSPITAL-MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS,SUMMARIES,TEST RESULTS, LAB TESTS, EVALUATIONS,
ETC., PERTAINING TO JOHN SWAL. **CERTIFICATION PAGE MUST BE SIGNED AND DATED
**(DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
VS •
SHERYLENE BROWN ET AL :
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO:WACCAMAW COMMUNITY HOSPITAL-RADIOLOGY FILE ROOM
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:ANDREW KEENAN,ESQUIRE
ADDRESS:CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
s Center City Legal Reproductions, Inc.
CLLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
■ ■ ■ ■ (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: WACCAMAW COMMUNITY HOSPITAL-RADIOLOGY FILE ROOM
Re: JOHN SWAL
ANY AND ALL RADIOLOGY REPORTS PERTAINING TO JOHN SWAL. ** CERTIFICATION PAGE
MUST BE SIGNED AND DATED** (DOB:05/04/1940)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JOHN SWAL
•
VS
•
SHERYLENE BROWN ET AL :
• File No.2010-7362
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO:WATERWAY FAMILY MEDICINE-MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things
**SEE ATTACHED ADDENDUM**
AT: CENTER CITY LEGAL REPRODUCTIONS,INC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate
compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving
is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDREW KEENAN,ESQUIRE
ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC.
1315 WALNUT STREET,SUITE 601
PHILADELPHIA,PA 19107
TELEPHONE: 215-732-1177
SUPREME COURT ID#
ATTORNEY FOR: DEFENDANT
BY THE COURT:
DATE:
Seal of the Court Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
Center City Legal Reproductions, Inc.
CLLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
■ ■ ■ ■ (215)732-1177 fax (215)732-5637
CCLR File No. 13-06326PW
**************************
ADDENDUM TO SUBPOENA
**************************
To: WATERWAY FAMILY MEDICINE - MEDICAL RECORDS DEPT
Re: JOHN SWAL
ANY AND ALL MEDICAL RECORDS PRIOR TO 2011 AND SUBSEQUENT TO 2012, REPORTS,
OFFICE NOTES,PROGRESS REPORTS,DOCTORS NOTES,CHARTS, SUMMARIES,TEST
RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO JOHN SWAL. **
CERTIFICATION PAGE MUST BE SIGNED AND DATED **(DOB: 05/04/1940)
2014 FEB'
2-7 PO f: G
Alt"lo r�LA �D
C011idl 'r
E '�SYLVANIA
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
By: Brooks R. Foland, Esquire
Attorney I.D. No. 70102
100 Corporate Center Drive, Suite 201
Camp Hill, PA 17011
Telephone: (717) 651-3714
brfoland @mdwcg.com
Attorney for Additional Defendant Sandra Grace Swal
JOHN SWAL, and his wife SANDRA : IN THE COURT OF COMMON PLEAS OF
GRACE SWAL, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs • N6:S.-210 362 -
•
v. • CIVIL ACTION—LAW
•
SHERYLENE BROWN, individually and • JURY TRIAL DEMANDED
JESSE FRAZIER d/b/a JESSE MAGIC •
CITY AND KURT WEISS •
GREENHOUSES OF PENNSYLVANIA, :
INC. and KURT WEISS GREENHOUSE, :
INC.,
•
Defendants •
•
SANDRA GRACE SWAL, •
•
Additional Defendant •
PRAECIPE FOR CHANGE OF ADDRESS
TO THE PROTHONOTARY:
Kindly note the change of address of counsel for Additional Defendant Sandra Grace
Swal from Thomas, Thomas & Hafer, LLP, 305 North Front Street, Harrisburg, PA to:
r
Brooks R. Foland, Esquire
Marshall Dennehey Warner Coleman & Goggin
Suite 201
100 Corporate Center Drive
Camp Hill, PA 17011
(717) 651-3714
(717) 651-3707 - fax
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY:
Brooks R. Foland, Esquire
Attorney for Additiona.d) -ndant Sandra Grace Swal
Date: February 26, 2014
05/1177958.v1
i •
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing document
has been served upon the following known counsel and parties of record this 26th day of
February, 2014 via United States First-Class Mail, postage prepaid:
Douglas R. Bare, Esquire
The Law Firm of Douglas Bare LLC
35 South Queen Street
York, PA 17403
Attorney for Plaintiff
Stephen M. McManus, Esquire
McCormick & Priore, P.C.
450 Plymouth Road, Suite 204
Plymouth Meeting, PA 19462
Attorney for Co-Defendant Greenhouses of Pennsylvania, Inc.
Andrew J. Keenan, Esquire
Law Offices of William J. Ferren &Associates
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
Attorney for Co-Defendants Sherylene Brown and Jesse Frazier
Jay L. Edelstein, Esquire
Edelstein Law, LLP
230 South Broad Street, Suite 900
Philadelphia, PA 19102
Attorney for Cross-Claim Defendant Sandra Grace Swal
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: l
Brooks R. Foland, sq
05/1177958 v l
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN SWAL, and his wife
SANDRA GRACE SWAL,
Plaintiffs
vs.
SHERYLENE BROWN, individually, and
JESSE FRAZIER d/b/a JESSE MAGIC CITY,
and KURT WEISS GREENHOUSES
OF PENNSYLVANIA, INC., and
KURT WEISS GREENHOUSE Inc.
Defendants
SANDRA GRACE SWAL,
Additional Defendant :
To: Cumberland County Courthouse
Prothonotary's Office
One Courthouse Square, Suite 100
Carlisle, PA 17013
NO. 2010 -SU -7362
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND SATISFY
Please mark this case as settled and satisfied and discontinued for the above case.
Date: I / 9/ ;,o` 5
Respectfully submitted by:
Douglas R. Bare, squire
Pa. I.D.#: 43877
Attorney for Plaintiffs
35 South Queen Street
York, Pennsylvania, 17403
(717) 854-1900