HomeMy WebLinkAbout12-4299LEJ-0F I" ICE
OF THE P""'0T1-10N0TARY
2012 JUL I I AM 11: 2 3
CUMBE-BLAND COUNTY
PENNSYLVANIA
ANGINO & ROVNER, P.C.
Michael E. Kosik, Esquire
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mkosik &angino-rovner.com
DOTTY N. PRICE,
Plaintiffs
V.
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND
EXCAVATING, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
NO. '9 ( C? till
?a
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in
following pages, you must take action within twenty (20) days after this Complaint and Notice
served, by entering a written appearance personally or by attorney and filing in writing with
Court your defenses or objections to the claims set forth against you. You are warned that if
fail to do so the case may proceed without you and judgment may be entered against you by
Court without further notice for any money claimed in the Complaint or for any other claim or re
requested by the Plaintiff. You may lose money or property or other rights important to you.
488736
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
NOTICIA
Le hall demandado a usted en la corte. Si usted quiere defenderse de estas dem as
expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha d la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abog do
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra d su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una or en
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido e la
peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importtes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TI E
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA A
EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQ JIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
488736
ANGINO & ROVNER, P.C.
Michael E. Kosik, Esquire
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mkosik@angino-rovner.com
DOTTY N. PRICE,
Plaintiffs
V.
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND
EXCAVATING, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, Dotty N. Price is an adult individual and citizen of the
of Pennsylvania who resides at 21 Gobin Drive, Carlisle, Cumberland County, Pennsylv
17013.
2. Defendant Edward F. Foss is an adult individual who resides at 5183 East
Road 114-92, Roanoke, Indiana 46783.
3. Defendant All Star Construction and Excavating, Inc. (hereinafter "All Star" I is
an Indiana corporation with a principal place of business at 5183 East Street Road 114-?2,
Roanoke, Indiana 46783, which was regularly conducting business in Cumberland County,
Pennsylvania.
4. At all times relevant herein, Defendant Edward F. Foss was the operator of
Defendant All Star's 2005 International tractor and trailer.
5. The facts and occurrences hereinafter related took place on August 26, 2010, at
the intersection of the Harrisburg Pike and Cavalry Road in North Middleton T
Cumberland County, Pennsylvania.
488736
6. At that time and place, Plaintiff Dotty N. Price was operating a 2006 Honda in
southbound right turning lane of the Harrisburg Pike.
7. At that time and place, Defendant Edward F. Foss was operating a tractor-
in the southbound straight lane of the Harrisburg Pike.
8. At that time and place, Defendant Edward F. Foss made a wide right turn from
southbound straight lane onto Cavalry Road and violently struck Plaintiff Dotty N. PriO's
vehicle.
9. The foregoing accident and all of the injuries and damages set forth
sustained by Plaintiff Dotty N. Price is the direct and proximate result of the negligent,
wanton, and reckless manner in which Defendant Edward F. Foss operated the tractor and trader
within the scope and course of his employment for Defendant All Star as follows:
(a) failure to keep alert and maintain a proper watch for the presence of other
motor vehicles on the highway;
(b) failure to stay within a single lane and utilize the right turn lane in
violation of §3309 of the Pennsylvania Motor Vehicle Code;
(c) failure to utilize the right turn lane and approach and make the right hand
turn as close as practical to the right hand curb or edge of roadway in
violation of §3331(a) of the Pennsylvania Motor Vehicle Code;
(d) failure to apply his brakes in sufficient time to avoid colliding with the
Price vehicle;
(e) failure to have proper and adequate control over his tractor-trailer;
(f) failure to take reasonable evasive action to avoid the accident; and
(g) driving his tractor-trailer upon the highway in a manner endangering
persons and property, and in a reckless manner with careless disregard to
the rights and safety of others, and in violation of the Motor Vehicle Code
of the Commonwealth of Pennsylvania.
488736
10. Plaintiff Dotty N. Price sustained painful and severe injuries which include,
are not limited to, neck pain, right arm pain and numbness, and lumber pain requiring a
laminectomy L4-5 for decompression of the nerve roots, posterior fusion L4-5 using
cage, locally harvested autograft, bone morphogenic protein and pedicle screw i
surgical microscopy.
11. As a result of the aforesaid accident, Plaintiff Dotty N. Price sustained
injuries resulting in serious impairment of bodily function and permanent, serious di
and claim is made therefor.
12. By reason of the aforesaid injuries sustained by Plaintiff Dotty N. Price, she
forced to incur liability for medical treatment, medications, hospitalizations, and
miscellaneous expenses in an effort to restore herself to health, and claim is made therefor.
13. Because of the nature of her injuries, Plaintiff Dotty N. Price has been
and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is
made therefor.
14. As a result of the aforementioned injuries, Plaintiff Dotty N. Price has
and in the future will undergo, great physical and mental suffering, great inconvenience in
carrying out her daily activities, and loss of life's pleasures and enjoyment, and claim is
therefor.
15. Plaintiff Dotty N. Price continues to be plagued by persistent pain and
and, therefore, avers that her injuries may be of a permanent nature, causing residual
for the remainder of her lifetime, and claim is made therefor.
488736
16. As a result of the aforementioned collision and resulting injuries, Plaintiff D
N. Price has been, and in the future will be, subject to great humiliation and embarrassment,
claim is made therefor.
WHEREFORE, Plaintiff Dotty N. Price demand judgment against Defendant Edward F.
Foss and All Star Construction in an amount in excess of Fifty Thousand ($50,000.00)
exclusive of interest and costs and in excess of any jurisdictional amount requiring
arbitration.
488736
I.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Plaintiff(s)
VERIFICATION
I, DOTTY N. PRICE, do swear and affirm that the facts set forth in the
COMPLAINT are true and correct to the best of my knowledge, information and belief. I
understand that this verification is made subject to the penalties of the Rules of Civil
relating to unsworn falsification to authorities.
W E
Dated: DOTTY N.
203648
i
ANGINO & ROVNER, P.C.
Michael E. Kosik, Esquire
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mkosik@angino-rovner.com
?f
?`? TOE~
PROTMOkOTP11"
2012 JUL 23 P?, 2: C-0
CUMBERLAND COUNTY
PENNSYLVANIA
DOTTY N. PRICE,
Plaintiffs
V.
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND
EXCAVATING, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
NO. 12-4299
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
This is to certify that on the 12th day July 2012, a true and correct copy of a Complaint
Civil Action No. 12-4299 was mailed to All Star Construction and Excavating, Inc., 5183 E?
Street Road 114-92, Roanoke, IN 46783 by certified mail, return receipt requested No. 701
0710 0002 1393 7362. A copy of the certified mail receipt is attached hereto.
n
Michelle. M. Miloj ich
to
503932
ACCEPTANCE OF SERVICE
This is to certify that a true and correct copy of the above noted Complaint was served
upon All Star Construction and Excavating, Inc. via certified mail, return receipt requested. ':A
copy of the signed receipt no. 7007 0710 0002 1393 7362 is attached hereto.
? , J.4 --I- - V) _ . A ,/ i
e M. Mifoievich
Sworn to and subscribed
Y-'-
before me this / 4
day of Qet4 , 2012.
COMMONWEALTH OF'EN • INAMA
NOTARIAL SEAL
SUSAN HEPP, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires May 6, 2014
503932
ANGINO & ROVNER, P.C.
Michael E. Kosik, Esquire
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 171 10-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mkosikoangino-rovner.com
+' iLED-O -F1C
01' THE ?ROTHONOTA #
2012 JUL 23 PH 2: 00
CUMBERLAND COUNTY
PENNSYLVANIA
DOTTY N. PRICE,
Plaintiffs
V.
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND
EXCAVATING, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
NO. 12-4299
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
This is to certify that on the 12th day July 2012, a true and correct copy of a Complain
Civil Action No. 12-4299 was mailed to Edward F. Foss, 5183 East Street Road 114-
Roanoke, IN 46783 by certified mail, return receipt requested No. 7007 0710 0002 1393 73
A copy of the certified mail receipt is attached hereto.
Michelle. M. jevich
to
>5.
503934
ACCEPTANCE OF SERVICE
This is to certify that a true and correct copy of the above noted Complaint was
upon Edward F. Foss, via certified mail, return receipt requested. A copy of the signed
no. 7007 0710 0002 1393 7355 is attached hereto.
le M. Mi
Sworn to and subscribed
before me this /
COMMONWEALTH OF PENNSYLVANIA
day of 2012. SUS N?HEPP, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires May 6, 2014
503934
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ANGINO&ROVNER,P.C. CUMBERLA �0'U�Ji
Y
p
Michael E.Kosik,Esquire PEWis}No
Attorney ID# : 36513 ANIA
4503 North Front Street
Harrisburg,PA 17110-1708
(717)238-6791
FAX(717)238-5610
Attorneys for Plaintiff(s)
E-mail:mkosik @angino-rovner.com
DOTTY N. PRICE, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 12-42'99
EDWARD F. FOSS and CIVIL ACTION—LAW
ALL STAR CONSTRUCTION AND JURY TRIAL DEMANDED
EXCAVATING, INC.,
Defendant
NOTICE OF DEPOSITION
TO: Edward F. Foss and
Brian J. Madden, Esquire,His Attorney
PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. 4007.1, the attorney for Plaintiff will
take the deposition of EDWARD F. FOSS, a witness in the above-captioned action, upon oral
examination, for purposes of discovery and/or for use at trial, before a Notary Public or some other
person authorized to administer oaths, at Angino & Rovner, P.C., 4503 N. Front Street,
Harrisburg, PA on May 31, 2013 at 10:00 a.m. in all matters not privileged which are relevant
and material to the issues and subject matter involved in the above-captioned action, and that the
above-named is requested to appear at the aforesaid time at the above address and submit,to
examination under oath.
ANGINO ROVNER,P.C.
aef E. Kosik,Esquire
I.D.No. 36513
4503 N. Front Street
Harrisburg, PA 17110
1 (717)238-6791
I
Counsel for Plaintiff
524755
1
CERTIFICATE OF SERVICE
I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do
hereby certify that I am this day serving a true and correct copy of NOTICE OF DEPOSITION
upon all counsel of record via postage prepaid first class United States mail addressed as follows:
Brian J. Madden,Esquire
William J. Ferren&Assocs.
1500 Market Street
West Tower, Ste. 2920
Philadelphia,PA 19102
Michelle M. Milojevich
Dated:
524755
i.
.i
DOTTY N. PRICE COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND CIVIL ACTION - LAW
EXCAVATING, INC. NO.: 12-4299
ORDER OF COURT
AND NOW, this day of A P , 20135 the
�G
following schedule has been agreed upon among counsel:
1. Discovery shall be completed by September 6, 2013;
2. Plaintiff shall submit her expert reports to Defendants by September 30,
2013;
3. Defendants' expert reports shall be submitted to Plaintiff by October 31,
2013;
4. Any dispositive motions shall be filed as soon as possible following the
receipt of the expert reports; and
5. The parties anticipate listing this case for trial in either the December
Term or the first available term in 2014.
BY THE COURT:
J.
Michael E. Kosik, Esquire
For Plaintiff
rnco C -.
Brian J. Madden, Esquire
For Defendants -e C:�) :
t"
M
�Or,IES CaU.t ° C)
WILLIAM J. FERREN& ASSOCIATES
ATTORNEYS AT LAW
1500 Market Street
West Tower, Suite 2920
Philadelphia, PA 19102
(267) 675-3017
FAX: (267) 675-3036
Brian J.Madden,Esquire
Direct Dial.(267)675-3023
E-MaHAddress:bmadden2@travelers.com
May 31, 2013
Honorable Albert H. Masland
Cumberland County Courthouse
1 Courthouse Square
Carlisle,PA 17013
RE: Dotty N. Price v. Edward F. Foss and All Star Construction and Excavating,Inc.
Cumberland County CCP; No.: 12-4299 Civil
Our File No.: 1125376
Dear Judge Masland:
The undersigned represents Defendants with regard to the above-referenced matter, which
currently has a discovery deadline of June 28, 2013. A copy the current scheduling order is attached
hereto as Exhibit"A".
The writer submits this correspondence to advise the Court that Defendant Edward F. Foss has
not been able to appear for his deposition originally scheduled for Friday May 31, 2013. He resides in
the State of Indiana. Furthermore, he has been experiencing some personal and business issues that
prevented him from coming to Pennsylvania in May. We anticipate that Mr. Foss will be in
Pennsylvania in August. To that end, plaintiff's attorney has been a gentleman and has agreed to push
back the deadlines if this Honorable Court is amendable.
The parties would like to schedule the depositions for August. In the meantime, we have
continued discovery and already scheduled plaintiff's I.M.E for early June.
For the Court's convenience, enclosed please find a revised Court Order for the Court's review
and approval. The proposed revise Order is attached hereto as Exhibit`B".
Respectfully Submitted,
Brian . Madden
Not a Partnership or Professional Corporation
All Attorneys are Employees of The Travelers Indemnity Company
and its Property Casualty Affiliates and Subsidiaries
May 30, 2013
Page 2
BJM/rl
Enclosure
cc(w/encl.): Michael E. Kosik, Esquire
EXHIBIT
DOTTY N. PRICE, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
EDWARD F. FOSS AND ALL STAR
CONSTRUCTION AND EXCAVATING,
INC., :
DEFENDANTS 12-4299 CIVIL TERM
ORDER OF COURT
AND-NO-W #his
� -day-of-F--ebr-uarjr�01-3;-following-a-s#a#us
conference with counsel, the following schedule has been agreed upon:
1. Discovery shall be completed by the end of June 2013.
2. Plaintiff shall submit her expert reports to Defendants by July 31, 2013.
3. Defendants' expert reports shall be submitted to Plaintiff by August 30, 2013.
4. Any dispositive motions shall be filed as soon as possible following the receipt
of the expert reports.
5. The parties anticipate listing this case for trial in either the October or
December term in 2013.
By the Court,
Albert H. Maslan , J.
Michael E. Kosik, Esquire = `
Daryl Christopher, Esquire . =
For Plaintiff < -7
Brian J. Madden, Esquire as
For Defendants
;sal
EXHIBIT
B 99
LAW OFFICES ;LAG-f�Fl .
WILLIAM J. FERREN & ASSOCIATES GF HE pROTHONO ;I;4"
BY: Glenn M. Campbell, Esquire
Attorney I.D. No. 51059 203 .) L 171 ( i
10 Sentry Parkway, Suite 301 CUMBERLAND COUNTY
Blue Bell, PA 19422 PENNSYLVANIA
(p) 215-274-1745
(f) 215-274-1735
Email: gcampbe2(cDtravelers.com
Attorney for Defendants,
Edward F. Foss and All Star
Construction and Excavating, Inc.
DOTTY N. PRICE COURT OF COMMON PLEAS
vi. CUMBERLAND COUNTY
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND CIVIL ACTION - LAW
EXCAVATING, INC. NO.: 12-4299
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendants, Edward F. Foss and All
Star Construction and Excavating, Inc., with regard to the above-captioned matter.
WILLIAM J. FERREN & ASSOCIATES
BY: Ang M MRiDu4-
Glenn M. Campbell, Esquire
Attorney for Defendants
DATED:
LAW OFFICES FILED-OF CE
WILLIAM J. FERREN & ASSOCIATES OF THE PRO i HbNO GARY
BY: Brian J. Madden, Esquire
20
Attorney I.D. No. 205701 JUL 17 AM `
1500 Market Street, Suite 2920 CUMBERLAND COUNTY
29TH Floor-West Tower PENNSYLVANIA
Philadelphia, PA 19102
(267) 675-3023
Attorney for Defendants,
Edward F. Foss and All Star
Construction and Excavating, Inc.
DOTTY N. PRICE COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND CIVIL ACTION - LAW
EXCAVATING, INC. NO.: 12-4299
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Defendants, Edward F. Foss and
All Star Construction and Excavating, Inc., with regard to the above-captioned matter.
WILLIAM J. FERREN &ASSOCIATES
BY: VAI
BRIAN J. MA N, ESQUIRE
Attorney for Defendants
DATED:
LED-OFF,C�
LAW OFFICES UFTH9 PROTHONOTAi"'�y
WILLIAM J. FERREN & ASSOCIATES 2013 JUL 17 AH
BY: Glenn M. Campbell, Esquire
Attorney I.D. No. 51059 COMERLAND COUNTY
10 Sentry Parkway, Suite 301 PENNSYLVAlfl-A
Blue Bell, PA 19422
(p) 215-274-1745
(f) 215-274-1735
Email: -qcampb 2Cci)-travelers.com
Attorney for Defendants,
Edward F. Foss and All Star
Construction and Excavating, Inc.
DOTTY N. PRICE COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND CIVIL ACTION - LAW
EXCAVATING, INC. NO.: 12-4299
CERTIFICATE OF SERVICE
1, Glenn M. Campbell, Esquire, hereby certify that I served a true and
correct copy of the foregoing Withdrawal/Entry of Appearance was served via
First Class Mail and/or electronically on the 15th day of July upon all interested
parties of record addressed as follows:
Michael E. Kosik, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
WILLIAM J. FERREN & ASSOCIATES
BY: 1n,
Glenn M. 6ampbell, Esquire
Attorney for Defendants
I
13-04775MG
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
In the;Matter of: Court of Common Pleas
DOTTY N. PRICE Cumberland County '
-VS
ALL STAR CONSTRUCTION AND No. 12-4299
EXCAVATING, INC., ET AL.
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22
CCLR on behalf of BRIAN MADDEN, 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).
i
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DATE: 8/2/2013 BRIAN MADDEN, ESQUIRE
Counsel for Defendant
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Center City Legal Reproductions, Inc.
CI I 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
■ ■! (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
DOTTY N. PRICE IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
ALL STAR CONSTRUCTION AND No. 12-4299
EXCAVATING, INC., ET AL.
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
MICHAEL E. KOSIK, ESQUIRE
ANGINO & ROVNER
4503 NORTH FRONT STREET
HARRISBURG, PA 17110
Please take notice there has been a request by BRIAN MADDEN, 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 DOROTHY PRICE.
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: July 12, 2013
Enclosures : Copy(copies)of Subpoena(s)
Counsel Return Page
Center City Legal Reproductions, Inc.
1!315 Walnut Street, Suite 601, Philadelphia, PA 19107
■ ■ ■ • (215)732-1177 fax (215)732-5637
j Online Services www.cclrinc.com
DOTTY N. PRICE CCLR File NO. 13-04775MG
vs. .
ALL STAR CONSTRUCTION AND
EXCAVATING, INC., ET AL.
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 7/12/2013 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) 1 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 8/2/2013.
Failure to do so shall serve as an agreement that the records reproduction
service should proceed with the records collection process.
(4) 1 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)
MICHAEL E. KOSIK, ESQUIRE
ANGINO & ROVNER
4503 NORTH FRONT STREET
HARRISBURG, PA 17110
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DOTTY N.PRICE
VS
ALL STAR CONSTRUCTION AND EXCAVATING, INC., ET AL
File No. 12-4299
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO:DENNIS L.GINGRICH, M.D.—PENN STATE HERSHEY MEDICAL GROUP
(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
Any and all medical records,including Films,reports,office notes, progress reports,doctors notes,charts,summaries,test
results,lab tests,evaluations,etc., pertaining to Dorothy Price; DOB: 3110/1959.**Certification Page Must Be Signed and
Dated**
i
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: BRIAN MADDEN,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)
i
i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DOTTY N. PRICE
VS
ALL STAR CONSTRUCTION AND EXCAVATING, INC., ET AL
File No. 12-4299
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: DR. DAVID GIAMPETRO—MILTON S. HERSHEY MEDICAL CENTER
(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
Any and all medical records,including Films, reports,office notes,progress reports,doctors notes,charts,summaries,test
results, lab tests,evaluations,etc.,pertaining to Dorothy Price; DOB: 3/10/1959.**Certification Page Must Be Signed and
Dated**
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: BRIAN MADDEN,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 i Prothonotary/Clerk,Civil Disposition
Deputy
(Eff.7/97)
I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DOTTY N.PRICE
VS
ALL STAR CONSTRUCTION AND EXCAVATING, INC., ET AL
File No. 12-4299
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: G.TIMOTHY REITER,M.D.—PENN STATE HERSHEY NEUROSURGERY
(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
Any and all medical records,including Films,reports,office notes,progress reports,doctors notes,charts,summaries,test
results,lab tests,evaluations,etc., pertaining to Dorothy Price; DOB: 3110/1959.**Certification Page Must Be Signed and
Dated**
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: BRIAN MADDEN,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)
i
I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DOTTY N.PRICE
VS
ALL STAR CONSTRUCTION AND EXCAVATING,INC.,ET AL
File No. 12-4299
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO:JAMES A. FENWICK,M.D.—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
Any and all medical records,including Films,reports,office notes,progress reports,doctors notes,charts,summaries,test
results,lab tests,evaluations,etc., pertaining to Dorothy Price; DOB: 3/1011959.**Certification Page Must Be Signed and
Dated
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 ATTHE REQUEST OF THE FOLLOWING PERSON:
NAME:BRIAN MADDEN,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)
r
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DOTTY N.PRICE
VS
ALL STAR CONSTRUCTION AND EXCAVATING,INC.,ET AL
File No. 12-4299
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: MICHAEL D.SATHER, MD—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
Any and all medical records,including Films,reports,office notes,progress reports,doctors notes,charts,summaries,test
results, lab tests,evaluations,etc.,pertaining to Dorothy Price; DOB: 3110/1959.**Certification Page Must Be Signed and
Dated
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 D AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:BRIAN MADDEN,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)
SCHMIDT KRAMER
Michael E. Kosik, Esquire
Attorney ID #: 36513
209 State Street
Harrisburg, PA 17101
P(717) 232 -6300
F(717) 232-6467
mkosik @schmidtkramer.com
Attorneys for Plaintiff
DOTTY N. PRICE,
Plaintiffs
v.
EDWARD F. FOSS and
ALL STAR CONSTRUCTION AND
EXCAVATING, INC.,
Defendant
1014 APR 21 PH 2 :.114
PENNSYLVANIA COUNTY
P
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12 -4299
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE
Please withdraw my appearance on behalf of the Plaintiff as:
Michael Kosik, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
Please enter my appearance on behalf of the Plaintiff as:
SCHMIDT KRAMER
Michael E. Kosik, Esquire
Attorney ID# : 36513
209 State Street
Harrisburg, PA 17101
P(717) 232 -6300
F(717) 232-6467
mkosik @schmidtkramer.com
Attorneys for Plaintiff
Respectfully Submitted,
SCHMIDT KRAMER
Michael E. Kosik, Esquire
Attorney ID# : 36513
209 State Street
Harrisburg, PA 17101
P(717) 232 -6300
F(717) 232 -6467
rnkosik@schmidtkramer.com
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Tiffany M. Herb, an employee of the law firm of Schmidt Kramer, P.C., do hereby certify
that I am this day serving a true and correct copy of Withdrawal/Entry of Appearance upon all
counsel of record via United States first class mail, addressed as follows:
Glenn M. Campbell, Esquire
William J. Ferren & Assocs.
10 Sentry Parkway, Ste. 301
Blue Bell, PA 19422
Date: f-1/ 7//