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HomeMy WebLinkAbout11-6305SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff x? C SHE PROTHONO ?AKY 2flt 1 AUG 19 PM 2:33 ,, PNNSYLV COUNTY A PE Jody S Smith Chief Deputy Richard W Stewart Solicitor Angela K. Miller (et al.) vs. Lawrence A. Spatz Case Number 2011-6305 SHERIFF'S RETURN OF SERVICE 08/09/2011 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to Lawrence A. Spatz. 08/13/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, Lawrence A. Spatz, in the following manner: On August 9, 2011 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 22 North Boulevard, East Rockaway, New York 11518. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an adult in charge on August 13, 2011. SHERIFF COST: $33.59 August 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Postal Z o?? CERTIFIED MAILw RECEIPT U-1 (Domestic Mail Only;, NO Insurance Coverage Provided) c" CIO r Postage $ C? s0 ' of p ?J t p Certified Fee ED Postmark p Return Receipt Fee Here (Endorsement Required) p Restricted Delivery Fee r-1 (Endorsement Requred) CID v / kL, p Total Postage & Fees $ L l- G--30S ..0 L7 Sent To t h j p tr) r_vlr C ?, C?P`? C3 l.. r•`V ? fhC?l ?l.C? St-ree -t-,-A--p o.-t.---N-------------------- ? . or PO Box No.; 22 1 a C l ------------------------------------------------------------------------------ City, State, ZIP+4 JC =? ¦ Complete items 1, 2, and 3. Also complete A nature Item 4 If Restricted Delivery is desired. C ¦ Print your name and address on the reverse X so that we can return the card to you. by C. Da.t ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: D rent from item 1? C . , e t ? very ?pdJr Spa?T? AUG 13 2A11 22 ?0?? iP?VD? ??` p QGiCl?tl? ? , ny '1l?`?['8 s . Mme 9(POMWpitgl A2 Express Mail ? Registered 0 Retum Receipt for Merchandise (A jam' 0 Insured Mail 0 C.O.D. 4. Restricted DelWery/ Pft Fee) C] Yes 2. Nurnber sera 7006 0810 0000 7881 9056 t•>?, Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; c"1 ? c? -Y7 Zr1i C ryl r- N o ;;0 3y ?D --dCl GC '17 Q-n o a ra rn BENNETT, BRICKLIN & SALTZBURG LLC BY: DAVID C. RAY, ESQUIRE ATTORNEY I.D. NO. 32436 960 HARVEST DRIVE BUILDING B, SUITE 100 BLUEBELL, PA 19422 (267) 654-1100 ray@bbs-law.com Angela K. Miller and Mark N. Miller 204 Milwick Road Carlisle, PA 17015 vs. Lawrence A. Spatz 22 North Boulevard East Rockaway, NY 11518 ATTORNEY FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 6305-2011 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of defendant, Lawrence A. Spatz, in the above captioned matter. BENNETT, BRICKLIN & SALTZBURG LLC BY: DAVID RA QUIRE Attorney for Defendant BENNETT, BRICKLIN & SALTZBURG LLC BY: David C. Ray, Esquire Identification No. 32436 960 Harvest Drive Building B, Suite 100 Blue Bell, PA 19422 267-654-1100 ray(&bbs-law.com ANGELA K. MILLER and MARK N. MILLER V LAWRENCE A. SPATZ ATTORNEY FOR: Defendai t -p3 rnca =M Z 7D r-2 v c? =C:) COURT OF COMMON PLEAS c CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 6305-2011 \ PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: N 0 rn -v N W N Please enter a rule upon plaintiffs, Angela K. Miller and Mark N. Miller, to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. BENNETT, BRI BY " DAVID C. Y, ESQU] Attorney for Defendant, ------------------------------------ RULE TO FILE COMPLAINT C. Spatz C' -n rn? O? o-n xn oM AND NOW, this 64 day of &P Xioer , 2011, a Rule is hereby entered upon plaintiffs, Angela K. Miller and Mark N. Miller to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. SALTZBURG LLC 1 'RD iioN0TAR BENNETT, BRICKLIN & SALTZBURG LLC BY: David C. Ray, Esquire Identification No. 32436 960 Harvest Drive Building B, Suite 100 Blue Bell, PA 19422 267-654-1100 raykbbs-law.com 2011 SEP 12 Ali 11: 28 ATTORNEY FOR: ,> qfBPLd"tND COUNT'S PENNSYLVANIA ANGELA K. MILLER and COURT OF COMMON PLEAS MARK N. MILLER CUMBERLAND COUNTY, PA CIVIL ACTION - LAW V , NO. 6305-2011 LAWRENCE A. SPATZ CERTIFICATE OF SERVICE I, David C. Ray, Esquire, hereby certify that a true and correct copy of the Praecipe and Rule to File Complaint has been served this date upon all interested counsel by way of United States Regular First Class Mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 BENNETT, BRICKLIN & SALTZBURG LLC By: DAVID C. Y, ESQUIRE Attorney for tefendant Date: September 8. 2011 ?`aeo, 233 F ! -'ERL f, J _. Y 4. ?1pi ?Q 1?d 4E. ANGELA K. MILLER, and MARK N. MILLER, her husband, Plaintiffs V. LAWRENCE A. SPATZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 11-6305-2011 CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Angela K. Miller and Mark N. Miller, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and responds to the Defendant's allegations of New Matter as follows: 26. Denied. It is denied that the Defendant acted reasonably at all times pertinent to the incident that caused injury to the Plaintiff, Angela K. Miller, on August 28, 2009, and proof to the contrary is demanded at the trial in this matter. 27. Denied. The allegation set forth in paragraph 27 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that any negligence on the part of the Plaintiff was the cause of her injuries and resulting damages, and proof to the contrary is demanded at the trial in this matter. 28. Denied. The allegation set forth in paragraph 28 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response 1 necessary, it is denied that the Defendant is exculpated from the negligence of his actions due to purportedly following the directions of the Plaintiff, and proof to the contrary is demanded at the trial in this matter. 29. Denied. The allegation set forth in paragraph 29 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff was in any way comparatively or contributorily negligent with respect to the incident resulting in her injuries and resulting damages, and proof to the contrary is demanded at the trial in this matter. 30. Denied. It is denied that the medical treatment that the Plaintiff underwent for her injuries was unreasonable or unnecessary, and proof to the contrary is demanded at the trial in this matter. 31. Denied. It is denied that the Plaintiffs injuries that were caused by the incident involving the Defendant were pre-existing, and proof to the contrary is demanded at the trial in this matter. 32. Denied. The allegation set forth in paragraph 32 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiffs acknowledge that they will be bound by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law that the Honorable Court deems properly applicable to the subject cause of action. 33. Denied. The allegation set forth in paragraph 33 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiffs acknowledge that they will be bound by any collateral source rules that the Honorable Court deems properly applicable to the subject cause of action. 2 WHEREFORE, Plaintiffs, Angela K. Miller and Mark N. Miller, requests the Honorable Court to enter judgment in their favor and against the Defendant, Lawrence A. Spatz, for the relief set forth in their Complaint. Dated: 0-1 °^ f -240 Respectfully submitted, HANDLER, HENf NG'&,ROSENB§RG, LLP By: W. SeeR-+k?hnin Supreme Court ID# 9l 1300 Linglestown Road - Harrisburg, PA 17110 (717)238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that the Plaintiff was not available to execute the Verification so as to comply with the time deadline within which to file this document and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: ??` ANGELA K. MILLER, and MARK N. MILLER, her husband, Plaintiffs V. LAWRENCE A. SPATZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 12-6305-2011 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the 21st day of November 2011, 1 hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was served upon the following by depositing in U.S. Mail: David C. Ray Bennett, Bricklin & Saltzburg, LLC 960 Harvest Dr. Building B, Suite 100 Blue Bell, PA 19422 2298 ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLC BY: David C. Ray, Esquire Identification No. 32436 960 Harvest Drive Building B, Suite 100 Blue Bell, P.A. 19422 2:67-654-1100 rayLa)bbs-law.com ATTORNEY FOR: Defendant Larence A. Spatz COURT OF COMMON PLEA?O -- ?' CUMBERLAND COUNTY Y U) j- N ; = - 1{-i CIVIL ACTION-LAW 3:10 - NO.: 6305-2011 -- , ?' f1NGELA K. MILLER and MARK N. MILLER V. LAWRENCE A. SPATZ DEFENDANT'S MOTION TO COMPEL PLAINTIFFS' ANSWERS TO DEFENDANT'S DISCOVERY REQUESTS This civil action arises out of a pedestrian/motor vehicle accident on August 28, 2009 at the Carlisle Fair Grounds. The accident occurred as Defendant was carefully backing his trailer from an entrance gate to the fair grounds when Plaintiff failed to exercise reasonable care and caused her foot to be run over by the trailer wheel. 2. On September 22, 2011, Defendant served Plaintiffs' counsel with Defendant's Interrogatories and Potential Lien Interrogatories, Consortium Interrogatories and Request for Production of Documents directed to Plaintiffs. Exhibit "A" - transmittal letter. I. Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiffs were obligated to timely serve full and complete, verified answers to said discovery requests within thirty (30) days. To date. Plaintiffs have failed. to do so without reasonable excuse. 1 4. On November I and 30, 2011, Defendant sent follow up letters to Plaintiffs' counsel reminding of Plaintiffs' overdue discovery responses and requesting timely service. To date, Plaintiff has still failed to timely serve full and complete, verified answers to Defendant's discovery requests without reasonable or compelling excuse. Defendant's discovery requests seek information directly relevant to both the liability and damages issues in this litigation. Defendant is being unduly prejudiced by Plaintiffs' violation of the Pennsylvania Rules of Civil Procedure and failure to timely serve their discovery responses. 6. Accordingly, Defendant respectfully requests that the Court enter an Order in the form proposed directing Plaintiffs to serve full and complete, verified Answers to all of Defendant's discovery requests within fourteen (14) days of the Court's Order, or face sanctions upon further application to this Court. WHEREFORE, Defendant, Lawrence A. Spatz, respectfully requests that the Court enter an Order in the form proposed granting the relief requested herein, plus grant all other relief available under law. BENNETT, BRICKLIN & SALTZBURG LLC BY Curtis C. Joh on David C. Ray, Esquire Attorneys for Defendant, Lawrence C. Spatz Date: December 28. 2011 ?x???, i? =?= `i-- BENNETT, BRICBLIN & SALTZBURG LLC PHILADELPHIA OFFICE \TTORN F N S A t' L AW 1601 Al\RKI-..I'?IIZI(I I: 960ILARVI?ST DRIV'I? 14111 I LO(W P! 111_:ADI'Ti'l [I\, I' V I')II , 2;'' BUILDING B, SLATT, IIIU (2151 X61-4110 I ,215) 561-6661 BLL'I: BI:I.I.. P_A 1942 (267) 654-1100 CENTRAL PENNSYLVANIA OFFICE 2= 1 _ OR,ANGI STRI'.1A F \X: (267) 654-1122 \X'IiBti[1'1?: m\k\c.UUs-law.com 1391-44( )0 I FI-)IQ,4i_2' WRITFR'S DIRI'.CI' DIAL: (267) 654 1102 WRYI r.R,s i:nLvn.: ray@bbs-law.com September 22, 2011 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 NEW' JERSEY OFFICE I(X1 CL"I'IV14 x%11:\V'S St 111 II-41 Ulu 1.- SLVIZI.I'ON PIFI . CI II.RIt7 IIII.I., NJ 18un; R56) 751 5285 I A`:: (856) 751-52_81 PITTSBURGH OFFICE GIZ \N I' N 11,I)ING, SUI'1'I: 3210 ?Inc1K:AN1 SI'R1,1:I I'II'I'.C13CIZGI I, P.1 15219 1412) 894-41111, F \S: (412) 894-4111 Re: Angela K. Miller and Mark N. Miller Vs. Lawrence A. Spatz Cumberland County CCP No.: 6305-2011 Our File No.: 103329 Dear Mr. Henning: With reference to the above-captioned matter, enclosed herewith please find Defendant's Interrogatories and Potential Lien Interrogatories directed to Plaintiff Angela K. Miller, Consortium Interrogatories directed to Plaintiff Mark N. Miller, and Request for Production of Documents directed to both Plaintiffs. With respect to the Potential Lien Interrogatories, please make sure that your client completes the required authorizations and provides a copy of her Medicare card and/or her Medicare number, if applicable. Kindly have these discovery requests answered within the time limits allotted by the applicable Rules of Civil Procedure. Thank you for your attention to this matter. Sincerely, David C. Ray DC R/kam Enclosures EXHIBIT A ?x?`??T PHILADELPHIA OFFICE 161)1 Al \Rhl 'I IRI I I I " I I I I LOOK P'. I11.:AUlil.l'I1L\, P \ I91n3-339` ,215) 561 411)o I `.S- 215)5(,16061 CENTRAL PENNSYLVANIA OFFICE _'2211 OR:AVG iS1RI( i'I L.A'.v:: AS'II'.12, 1' V 176,,' i-,1-, , 393-4301, BENNETT, BRICKLIN & SALTZBURG LLC ATFORNI?YS A FLAW 9601fARVFISI`DRIA'1: BUILDING B, SLTI'k 100 BLUk BULL, PA 19422 (267) 654-1100 F AV (267) 654-1122 W'FBS1TF,: Naww.bbs-la\c.com \VRITER'S DIRFCT DIAL: (267) 654 1102 AVRITFR'S UM AIL rav(c,)bbs-law.com November 1, 2011 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg. PA 17110 NEW JERSEY OFFICE 0nu > \(;1{hIOKF. DIMI'. tiI Ill:6101 1)t ARI.ION, N) 1)81153 x56) 75t 5285 I VA. (856) 751 5281 PITTSBURGH OFFICE Gli \S"!' WS LDING, SL I'I I j'1210 II IGR:A1N'1 ?CRlil('I' I'II I?RLRGII, P:\ 15219 .412) 894 411,1, I \S- (412) 894-41 It Re: Angela K. Miller and Mark N. Miller Vs. Lawrence A. Spatz Cumberland County CCP No.: 6305-2011 Our File No.: 103329 Dear Mr. Henning: In reviewing my file, it appears that discovery was served on your clients on September 22, 2011. .I have not received your clients' responses to date. Can you kindly advise me when I can expect to receive your clients' answers? I look forward to hearing from you. Sincerely, David C. Ray DCR/kam bcc: Ameriprise Auto & Home Insurance Company Attn: Ms. Shelley Palubicki Clairn No. 1129730L206 EXHIBIT 13 PHILADELPHIA OFFICE 16111 NI.ARKI'I'?'lRII I I ?1 11 1 LOUR P? 111..AU1-.1.1'l it \, I' V Ivl1l-_'l9_1.15) 561 4101 I.'.?_. (215) 5(,1-6661 CENTRAL PENNSYLVANIA OFFICE I._V?:: l?'j I[It, 1) \ 176,2 4410 i')i 41-22 BENNETT, BRICKLIN & SALTZBURG LLC \TTORNFYS ,A'1' L AW 9611 1 I:ARVFS C DRIVI? BUILDING B, SUIT 1100 B1111; B1.1.1„ P.A 19422 (267) 654-1100 FAX: (267) 054-1122 WUBSITU: w'ww.bb.-Lm.com WRITFR'S DIRI!CT D1 \L: (267) 654--1102 \X'RI'j'UR'S UAL AII.: rav( q?bbs-law.com November 30, 2011 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 NEW JERSEY OFFICE 1,000 ?.AGI:AtORI: DIM 1. SCI'CN 6101 NL\RIA ON, Nj 081)53 1856) 7515285 1 \S: (856) 7,51 5281 PITTSBURGH OFFICE (;R\N" I' BCILDING,SCITli321u 310 GI?: l IRIfI( f I'I'I"IIW1ZGI I, PA 15219 1412) 894 4100 \\. (412) 8944111 Re: Angela K. Miller and Mark N. Miller Vs. Lawrence A. Spatz Cumberland County CCP No.: 6305-2011 Our File No.: 103329 Dear Mr. Henning: Enclosed please find the Answer of Defendant, Lawrence A. Spatz, to Plaintiffs' Interrogatories. Please be advised that we are still waiting to receive your clients' responses to our discovery requests, which were sent to you on September 22, 2011 and are now overdue. Please let me know when we can expect to receive your clients' responses in order to avoid the necessity of filing a Motion to Compel same. Sincerely, David C. Ray DCR/kam Enclosure bee: Ameriprise Auto & Home Insurance Company Attn: Ms. Shelley Palubicki Claim No. 1 129730 L206 ATTORNEY VERIFICATION I, Curtis C. Johnston, as an officer of this Court, verify that the information contained in she foregoing statements are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. I am authorized to execute verifications on behalf of Defendant Lawrence A. Spatz herein. BENNETT, BRICKLIN & SALTZBURG LLC r? l gate:- ?- : ?c By: k ?-Q'VyU , Curtis C. Johnston, _ ttorneys for Defendant Lawrence A. Spatz BENNETT, BRICKLIN & SALTZBURG LLC BY: David C. Ray, Esquire Identification No. 32436 960 Harvest Drive Building B, Suite 100 Blue Bell, PA 19422 267-654-1100 ravra-,,bbs-law.com ATTORNEY FOR: Defendant ANGELA K. MILLER and COURT OF COMMON PLEAS MARK N. MILLER CUMBERLAND COUNTY, PA CIVIL ACTION - LAW V NO. 6305-2011 LAWRENCE A. SPATZ CERTIFICATE OF SERVICE I, David C. Ray, Esquire, hereby certify that a true and correct copy of the Motion to Compel Plaintiffs' Answers to Defendant's Discovery Requests has been served this date upon all interested counsel by way of United States Regular First Class Mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire ]Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 BENNETT, BRICKLIN & SALTZBURG LLC t By: L t :? 'vI (k Curtis C. Joh*ton, Esquire David C. Ray, Esquire Attorney for Defendant Date: `)- ?: -=:u %? ORIGINAL ANGELA K. MILLER and MARK N. MILLER V. LAWRENCE A. SPATZ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO.: 6305-2011 1h ORDER AND NOW, this day of -S bh ,2012, upon consideration of Defendant, Lawrence A. Spatz' Motion to Compel Plaintiffs' Answers to Defendant's Discovery Requests and any response thereto, it is hereby ORDERED that said Motion is GRANTED. Plaintiff is hereby directed to serve full and complete, verified Answers, without objections, to Defendant's Interrogatories and Potential Lien Interrogatories directed to Plaintiff, Angela K. Miller; Consortium Interrogatories directed to Plaintiff, Mark N. Miller; and Request for Production of Documents directed to both Plaintiffs, within fourteen (14) days of the date of this Order, for face sanctions upon further application to this Court. BY THE COURT: Pursuant to Cumberland County Local Rule 208.3 (a)(6), the following counsel of record shall be served with this Court's Order: ? W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP , MED 7 C_ 1300 Linglestown Road r l X= c -? Harrisburg, PA 17110 _< X'- ciz C) .--CD M > r, M 3 , CD C) 3? z ?David C. Ray, Esquire Bennett, Bricklin & Saltzburg, LLC 960 Harvest Drive Building B, Suite 100 Blue Bell, PA 19422 L.G? ? r ?s {ylc2 ? ??ll > I ? ?> :? 44 2 BENNETT, BRICKLIN & SALTZBURG LLC BY: Curtis C. Johnston, Esquire I.D. No. 64059 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ANGELA K. MILLER and MARK N. MILLER V. LAWRENCE A. SPATZ ATTORNEY FOR DEFENDANT Lawrence A. Spatz C =n COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA'„-J "-- CA7 7 W: rr -! > ? 4?' t:{:J ' - CIVIL ACTION-LAW - NO.: 6305-2011 C7 E3 _=) CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a Notice of Intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; (2) a copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; (3) no objection has been raised by opposing counsel; and, (4) the subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to serve the subpoenas. BENNETT, BRICKLIN & SALTZBURG LLC BY: Cuirtis C. Johnston, Esquire Attorney for Defendant Date: BENNETT, BRICKLIN & SALTZBURG LLC BY: Curtis C. Johnston, Esquire I.D. No. 64059 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ANGELA K. MILLER and MARK N. MILLER V. LAWRENCE A. SPATZ NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas upon the records custodians of Dr. Kathleen Semples, SMX Temporary Employment Agency, Quality Wholesale, and Carlisle Productions identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If ATTORNEY FOR DEFENDANT Lawrence A. Spatz COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO.: 6305-2011 no objection is made, the subpoenas may be served. Date: BENNETT, BRICKLIN & SALTZBURG LLC BY: (loku- ebw? Curtis C. Johnston, Esquire Attorney for Defendant Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 Angela K. Miller and Mark N. Miller Plaintiff/s Docket No. 6305-2011 VS Lawrence A. Spatz Defendant/s To: Records Custodian - Carlisle Productions [Name of Person or Entity] 1000 Bryn Mawr Road Carlisle. PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: your entire personnel/employment file related to Angela K. Miller, D.O.B. 09/27/72, inclu at 222 E. Oranjze Street, Lancaster, PA 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this; subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Curtis C. Johnston Attorney's Name 64059 Identification Number 222 E. Orange St., Lancaster, PA 17602 Address (717) 393-4400 Telephone Number Attorney for Defendant DATE: BY [Prothonotary] BY THE COURT: Seal of the Court Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 Angela K. Miller and Mark N. Miller Plaintiff/s Docket No. 6305-2011 Vs Lawrence A. Spatz Defendant/s To: Records Custodian - Quality Wholesale [Name of Person or Entity] 419 E. High Street Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are otdered by the court to produce the following documents or things: our entire ersonnel/em to ent file relate to Angela K. Miller D.O.B. 09/27/72 inch; not limited to application for employment, salary information a ormance reviews etc. at 222E Orange Street Lancaster, PA 17602 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 t4is request at the address listed above. You have the right to seek in advance the reasonable cost of preparin4 the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Curtis C. Johnston Attorney's Name 64059 Identification Number 222 E. Orange St. Lancaster, PA 17602 Address (717) 393-4400 Telephone Number Attorney for Defendant BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 Angela K. Miller and Mark N. Miller Plaintiff/s Docket No. 6305-2011 VS Lawrence A. Spatz Defendant/s To: Records Custodian - SMX Temporary Employment Agency [Name of Person or Entity] 21 Roadway Drive Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: your entire personnel/employment file related to Angela K Miller D.O.B. 09/27/72 inclu at 222 E. Orange Street, Lancaster, PA 17602 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 th?s request at the address listed above. You have the right to seek in advance the reasonable cost of preparing;the copies or producing the things sought. If you fail to produce the documents or things required by this 'subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Curtis C. Johnston Attorney's Name 64059 Identification Number 222 E. Orange St., Lancaster, PA 17602 Address (717) 393-4400 Telephone Number Attorney for Defendant DATE: BY [Prothonotary] BY THE COURT: Seal of the Court Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 Angela K. Miller and Mark N. Miller Plaintiff/s Docket No. 6305-2011 VS Lawrence A. Spatz Defendant/s To: Dr. Kathleen Semples [Name of Person or Entity] 3025 Market Street Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any/all medical records relating to patient Angela K. Miller D.O.B. 09/27/72, including but not limited to office notes medical questionnaires medical history forms, and records from other medical providers at 222 E. Orange Street, Lancaster, PA 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this (subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Curtis C. Johnston Attorney's Name 64059 Identification Number 222 E. Orange St., Lancaster, PA 17602 Address (717) 393-4400 Telephone Number Attorney for Defendant DATE: BY [Prothonotary] BY THE COURT: Seal of the Court BENNETT, BRICKLIN & SALTZBURG LLC BY: Curtis C. Johnston, Esquire I.D. No. 64059 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ANGELA K. MILLER and MARK N. MILLER V. LAWRENCE A. SPATZ ATTORNEY FOR DEFENDANT Lawrence A. Spatz COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO.: 6305-2011 CERTIFICATE OF SERVICE I, Curtis C. Johnston, Esquire, hereby certify that a true and correct copy of the foregoing Notice of Intent to Service Subpoenas has been served this date upon all interested counsel by way of United States Regular First Class Mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 BENNETT, BRICKLIN & SALTZBURG LLC By: Curtis C. Johnston, Attorneys for Defendant Lawrence A. Spatz Date: W4 /JI), BENNETT, BRICKLIN & SALTZBURG LLC BY: Curtis C. Johnston, Esquire I.D. No. 64059 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ANGELA K. MILLER and MARK N. MILLER V. LAWRENCE A. SPATZ ATTORNEY FOR DEFENDANT Lawrence A. Spatz COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO.: 6305-2011 CERTIFICATE OF SERVICE I, Curtis C. Johnston, Esquire, hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas has been served this date upon all interested counsel by way of United States Regular First Class Mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 BENNETT, BRICKLIN & SALTZBURG LLC By: Curtis C. Johnston, Attorneys for Defendant Lawrence A. Spatz Date: .? BENNETT, BRICKLIN & SALTZBURG LLC ATTORNEY FOR DEFENDANT BY: Curtis C. Johnston,Esquire Lawrence A. Spatz I.D. No. 64059 222 EAST ORANGE STREET LANCASTER,PA 17602 (717)393-4400 G ANGELA K. MILLER and COURT OF COMMON PLEAS MARK N. MILLER CUMBERLAND COUNTY, PA �� N ° g co .� V. -j;.C-) tip` CIVIL ACTION-LAW y } NO.: 6305-2011 CM LAWRENCE A. SPATZ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, 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 parry at least twenty days prior to the date on which the subpoenas are sought to be served; (2) a copy of the Notice of Intent, including the proposed subpoena, are attached to this certificate; (3) no objection has been raised by opposing counsel; and, (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. BENNETT, BRICKLIN & SALTZBURG LLC BY: Curtis C. Johnston, Esquire Date: , +J 13 Attorney for Defendant BENNETT, BRICKLIN & SALTZBURG LLC ATTORNEY FOR DEFENDANT BY: Curtis C. Johnston, Esquire Lawrence A. Spatz I.D. No. 64059 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ANGELA K. MILLER and COURT OF COMMON PLEAS MARK N. MILLER CUMBERLAND COUNTY, PA V. CIVIL ACTION-LAW NO.: 6305-2011 LAWRENCE A. SPATZ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to a serve subpoena upon the records custodian of SMX Temporary Employment Agency identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. BENNETT, BRICKLIN & SALTZBURG LLC . e .k ; BY: Curtis C. Johnston, Esquire Attorney for Defendant Date: Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 Angela K. Miller and Mark N. Miller Plaintiff/s Docket No. 6305-2011 VS Lawrence A. Spatz Defendant/s To: Custodian- SMX Temporary Employment Agency [Name of Person or Entity] 21 Roadway Drive Carlisle,PA 17013 Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things:your updated personnel/employment file related to Angela K.Miller,D.O.B.09/27/72,including but not limited to all records related to employment and termination of employment from June 8,2011 to the present at 222 E.Orange Street,Lancaster,PA 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Curtis C. Johnston Attorney's Name 64059 Identification Number 222 E. Orange St.,Lancaster,PA 17602 Address (717)393-4400 Telephone Number Attorney for Defendant BY THE COURT: DATE: By [Prothonotary] Seal of the Court L BENNETT,BRICKLIN & SALTZBURG LLC ATTORNEY FOR DEFENDANT BY: Curtis C. Johnston,Esquire Lawrence A. Spatz I.D. No. 64059 222 EAST ORANGE STREET LANCASTER,PA 17602 (717) 393-4400 ANGELA K. MILLER and COURT OF COMMON PLEAS MARK N. MILLER CUMBERLAND COUNTY, PA V. CIVIL ACTION-LAW NO.: 6305-2011 LAWRENCE A. SPATZ CERTIFICATE OF SERVICE I, Curtis C. Johnston, Esquire, hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena has been served this date upon all interested counsel by way of United States Regular First Class Mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 BENNETT, BRIC:K�LIN & SALTZBURG LLC k By: Curtis C. Johnston, Attorneys for Defendant Lawrence A. Spatz Date: o C>/--r t BENNETT,BRICKLIN& SALTZBURG LLC ATTORNEY FOR DEFENDANT BY: Curtis C. Johnston,Esquire Lawrence A. Spatz I.D. No. 64059 r: 222 EAST ORANGE STREET LANCASTER,PA 17602 m CO c 4r (717)393-4400 ~+ ANGELA K. MILLER and COURT OF COMMON PLEA , MARK N. MILLER • CUMBERLAND COUNTY, PA V. • • CIVIL ACTION-LAW NO.: 6305-2011 LAWRENCE A. SPATZ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, 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 subpoenas are sought to be served; (2) a copy of the Notice of Intent, including the proposed subpoena, are attached to this certificate; (3) no objection has been raised by opposing counsel; and, (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. BENNETT, BRICKLIN & SALTZBURG LLC e_Abtkg BY: Curtis C. Johnston, Esquire Date: I I3 Attorney for Defendant BENNETT, BRICKLIN & SALTZBURG LLC ATTORNEY FOR DEFENDANT BY: Curtis C. Johnston, Esquire Lawrence A. Spatz I.D. No. 64059 222 EAST ORANGE STREET LANCASTER,PA 17602 (717)393-4400 ANGELA K. MILLER and : COURT OF COMMON PLEAS MARK N. MILLER • CUMBERLAND COUNTY, PA v. • • CIVIL ACTION-LAW • NO.: 6305-2011 • LAWRENCE A. SPATZ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to a serve subpoena upon the records custodian of Amazon.com (Amazon) identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made,the subpoena may be served. BENNETT,.BRICKLIN & SALTZBURG LLC (114 -e6tkg BY: Curtis C. Johnston, Esquire Date: gig 13 Attorney for Defendant . 2 Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY,PURSUANT TO RULE 4009.22 Angela K. Miller and Mark N. Miller Plaintiff/s Docket No. 6305-2011 VS Lawrence A. Spatz Defendant/s To: Records Custodian - Amazon.com (Amazon) [Name of Person or Entity] 21 Roadway Drive Carlisle,PA 17013 Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things:your entire personneUemployment file related to Angela K.Miller,D.O.B.09/27/72,including but not limited to application for employment,salary information,performance reviews,etc. at 222 E. Orange Street,Lancaster,PA 17602 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following,person: Curtis C. Johnston Attorney's Name 64059 Identification Number 222 E.Orange St.,Lancaster,PA 17602 Address (717)393-4400 Telephone Number Attorney for Defendant BY THE COURT: DATE: BY [Prothonotary] Seal of the Court BENNETT,BRICKLIN& SALTZBURG LLC ATTORNEY FOR DEFENDANT BY: Curtis C. Johnston,Esquire Lawrence A. Spatz I.D. No. 64059 222 EAST ORANGE STREET LANCASTER,PA 17602 (717)393-4400 ANGELA K. MILLER and : COURT OF COMMON PLEAS MARK N. MILLER : CUMBERLAND COUNTY, PA • v. : CIVIL ACTION-LAW : NO.: 6305-2011 LAWRENCE A. SPATZ CERTIFICATE OF SERVICE I, Curtis C. Johnston, Esquire, hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena has been served this date upon all interested counsel by way of United States Regular First Class Mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire HANDLER,HENNING&ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 BENNETT, BRICKLIN & SALTZBURG LLC C...t . ) ti,N By: di• Curtis C. Johnston, Attorneys for Defendant Lawrence A. Spatz Date: 10/ 1 i 13