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Home My WebLink About04-5956ANGINO & 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 AUDREY CRIBARI, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION -LAW NO. 04 - S9.4?L (2,L;, C_T" KMART CORPORATION, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 Cumberland County Bar Association 285835 AUDREY CRIBARI, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION -LAW NO. KMART CORPORATION, Defendant JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 285835 AUDREY CRIBARI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. V. :CIVIL ACTION -LAW NO. 04 - V$16 (2lv KMART CORPORATION, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Audrey A. Cribari in an adult individual who resides at 3236 Cloverfield Road, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant Kmart Corporation, ("Kmart"), is a Michigan Corporation which regularly conducts business in the Commonwealth of Pennsylvania. Defendant Kmart owns and operates a Kmart Store, 44275 , located at 5600 Carlisle Pike, US 11, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about December 7, 2002, at approximately 6:30 p.m. in a shopping aisle of Defendant Kmarts' store #4275, located at 5600 Carlisle Pike, US 11, Mechanicsburg, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Audrey A. Cribari was walking through the aisle of the Kmart store shopping. 5. At that time and place, a Kmart employee, while in the scope and course of his employment, was running through the aisle recklessly pushing a shopping cart that was overloaded with heavy merchandise. 6. The Kmart employee's view of where he was going was obstructed by the overloaded cart. 7. At that time and place, the aforementioned Kmart employee caused the overloaded shopping cart to collide into the back of Plaintiff Audrey A. Cribari causing her to be thrown forward while she was still holding onto a shopping cart, seriously injuring her head, waist, back, hip, and leg. 8. At all times leading up to and during this cause of action, Defendant Kmart is liable under the theory of respondent superior for the wrongful acts of their employees while in the scope and course of this employment. 9. The aforementioned accident and resulting injuries sustained by Plaintiff Audrey A. Cribari are the direct and proximate result of the careless, reckless, and negligent conduct of Defendant Kmart Corporation, as follows: (a) failure to properly train employees in transportation of merchandise in an area used extensively by business invitees during business hours; (b) failure to properly supervise employees in the proper manner to transport merchandise and other material in aisles used by business invitees; (c) failure to exercise the high degree of care that a business owes an invitee by permitting an employee to recklessly run through the aisle pushing an overloaded cart in an area extensively used by invitees; (d) failing to have a spotter or other employee to walk ahead of the loaded cart being pushed by Defendant Kmart employees to protect and warn business invitees shopping in the aisles. (e) failure to properly inspect the premises and to take the proper measures and safeguards to protect the business invitee from the knowing and willful wrongful acts of employees; (f) failure to properly warn business invitees of the possibility of dangerous conditions that may exist in the transport of merchandise during business hours in an area extensively used by invitees; (h) failing to properly hire and train employees with common sense and courtesy to avoid causing injuries to business invitees; and (i) failure to exercise the high degree of care a business owes to business invitees utilizing the premises for its intended purposes. 10. As a direct and proximate result of the aforementioned incident, Plaintiff Audrey A. Cribari sustained painful and severe injuries, which include but are not limited to severe persistent headaches, cervical strain/sprain, aggravation of cervical spondylosis, strain/sprain to her waist, lumbar myofascial pain, decrease in range of motion of cervical spine and exacerbation of preexisting conditions. 11. As a result of the injuries sustained, Plaintiff Audrey A. Cribari was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Audrey A. Cribari has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned accident and resulting injuries, Plaintiff Audrey A. Cribari has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned accident and resulting injuries, Plaintiff Audrey A. Cribari has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 15. Plaintiff Audrey A. Cribari continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Audrey A. Cribari demand judgment against Defendant Kmart Corporation, in an amount in excess of Twenty Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. P.C. Date: 11 ,7 "41 q Michael E. Kosik, Esquire I.D. No. 36513 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff VERIFICATION I, AUDREY CRIBARI, do swear and affirm that the facts set forth in the foregoing 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 Procedure relating to unsworn falsification to authorities. WI iUDREY C ARI Dated: ?Gv?u 2 2?.t? ? _ c ?-? ?, ? "? ! ,,,? n5 f,? ? ? ? _ ;. ra "r?? ' ?,;'? :: cs; -? L GIBLEY AND MCWILLIAMS, P.C. By: W. Kelly McWilliams, Esquire Identification No. 50286 524 N. Providence Road P.O. Box 1107 Media, PA 19063-0807 (610) 627-9500 fax (610) 627-2400 Attorneys For Defendant Kmart Corporation E-mail: kmcwilliamsa.PJblevlaw.com AUDREY CRIBARI, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PA V. KMART CORPORATION, CIVIL ACTION - LAW Defendant. No. 04-59:56 Civil Term ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant Kmaut of Pennsylvania with regard to the above-referenced matter. A jury of twelve is demanded. GIBLEY AND McWILLIAMS, P.C. By. W. Kelly McWilliams, Esquire Attorney for Defendant Kmart Corporation Dated: (a, f- ?-- v-( ?5 ' '" i t a?? '" ? ? _ i `t . C _?.. „.:? _. i --? ?. _ Fii . ?i, ld? GIBLEY AND MCWILLIAMS, P.C. By: W. Kelly McWilliams, Esquire Identification No. 50286 524 N. Providence Road P.O. Box 1107 Media, PA 19063-0807 (610) 627-9500 fax (610) 627-2400 Attorneys For Defendant Kmart Corporation E-mail: kmcwilliamsa g beylaw.com AUDREY CRIBARI, Plaintiff, V. KMART CORPORATION, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 04-5956 Civil Term STIPULATION REGARDING ALLEGATIONS OF RECKLESSNESS IN PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY: AND NOW, this a? $ day of OAaA4-44+t , 200'Y, it is hereby stipulated and agreed by and among Michael E. Kosik, Esquire, attorney for plaintiff, and W. Kelly McWilliams, Esquire, counsel for defendant, Kmart Corporation, that any and all references in Plaintiff's Complaint to recklessness including references to recklessness set forth in Paragraphs 5 and 9 are hereby stricken and no responsive pleading thereto is required. &XONE".C. GIBLEY AND MCWILLL4MS, P.C. By: Michael"E. Kosik, Esquire Counsel for Plaintiff W. Kelly McWilliams, Esquire Counsel for Defendant Dated: K?--P d -oy r-. CD ?YO T",E ?r_,}tN7-1Ff GIBLEY AND MCWILLIAMS, P.C. By: W. Kelly McWilliams, Esquire Identification No. 50286 524 N. Providence Road P.O. Box 1107 THIS DO rOq T CONTAINS 1'.ial%:°ATIQNS WHT-?E Ki UIRE A RESPONSIVE PIFADING PURSU" :' TO 7,7E PENN'-YLVtNIA RULES OF ClViL PRQCEDI Ii 0. YOU MUST FILE A RESPONSIVE PLEADING THER2 TO WITHIN TC AYS OF ."'LCEIVING ThIS DOCUMENT. Media, PA 19063-0807 (610) 627-9500 fax (610) 627-2400 Attorneys For Defendant Kmart Corporation E-mail: kmcwilliamsn ig bleylaw.com AUDREY CRIBARI, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA KMART CORPORATION, Defendant. CIVIL ACTION - LAW No. 04-5956 Civil Term ANSWER OF DEFENDANT KMART CORPORATION TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth or veracity of such averments and, therefore, these averments are denied with strict proof demanded at the time of trial. 2. Admitted in part, denied in part. The allegations as to the nature of the business conducted by answering defendant constitute constitutes a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading required, such averment is denied. It is admitted that answering defendant operates a retails store located at 5600 Carlisle Pike in Mechanicsburg, Pennsylvania. 3-4. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth or veracity of such averments and, therefore, these averments are denied with strict proof demanded at the time of trial. 5. Denied. As to the status of the unidentified alleged employee and/or a characterization as to the nature in which he was acting legally, such averments constitute conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, such averments are denied with strict proof demanded at the time of trial. As to any and all remaining averments in this paragraph, after reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth or veracity of such averments and, therefore, these averments are denied with strict proof demanded at the time of trial. 6. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth or veracity of such averments and, therefore, these averments are denied with strict proof demanded at the time of trial. 7. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth or veracity of such averments and, therefore, these averments are denied with strict proof demanded at the time of trial. 8. Denied. The averments in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a responsive :pleading is required, such averments are denied with strict proof demanded at the time of trial. 9. Denied. Answering defendant denies any and all allegations of negligence, carelessness or other liability producing conduct as set forth in this paragraph and each and every subsection. To the contrary, answering defendant acted with due care under the circumstances at all material times. As to the allegations that plaintiff sustained injury, after reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth or veracity of such averments and, therefore, these averments are denied with strict proof demanded at the time of trial. It is denied that any such alleged injuries were caused by 2 answering defendant. 10-15. Denied. As to the allegations of injuries and/or damages allegedly sustained by plaintiff, answering defendant, after reasonable investigation, lacks sufficient knowledge or information to form a belief as to the truth or veracity of such averments and, therefore, these averments are denied with strict proof demanded at the time of trial. By way of further response, it is denied that such injuries and/or damages, if any, were caused by answering defendant. WHEREFORE, answering defendant demands judgment in its favor and against all parties together with costs and reasonable counsel fees. NEW MATTER 16. Plaintiff, at all material times, had knowledge of the nature and/or extent of all risks allegedly at issue and any all alleged injuries sustained by plaintiff were caused by and/or arose out of such risk, all of which to and voluntarily assumed by plaintiff. 17. The injuries, damages and losses, if any, sustained by plaintiff were caused in whole or in part by the negligence of plaintiff or individuals other than answering defendant over whom answering defendant exercised no right of control. 18. Answering defendant's conduct was not improper, defective or inadequate in any respect. 19. Plaintiffs injuries resulted from a pre-existing condition or injury, which in no way was caused by the conduct of answering defendant. 20. Plaintiff s injuries were not causally related to arty acts or omissions on the part of answering defendant. 21. The claims are barred by the applicable statute of limitations. 22. Plaintiff's Complaint fails to state a cause of action upon which relief may be 3 granted. 23. Plaintiffs claims are barred or appropriately reduced by the Pennsylvania Comparative Negligence Act, the doctrine of Assumption of the Risk and/or the doctrine of Contributory Negligence. 24. The incident in question was caused solely by the negligence of the plaintiff and this constitutes a complete defense to the within cause of action. 25. If the condition which the plaintiff claims caused the accident for which he seeks the imposition of damages, which is denied, then the answering defendant was unaware of the condition before the accident occurred and this constitutes a complete defense to the claimed cause of action. 26. If the condition which the plaintiff claims caused the accident for which he seeks the imposition of damages, which is denied, then the plaintiff fiuled to notice and avoid an open and obvious condition and this constitutes a complete defense to the claimed cause of action. WHEREFORE, answering defendant demand judgment in its favor and against all parties together with costs and reasonable counsel fees. By: Date: Respectfully submitted, GIBLEY AND M[cWILLIAMS, P.C. W. Kelly McWilliams, Esquire Attorney for Defendant, Acme Markets, Inc. 4 VERIFICATION I, W. Kelly McWilliams, Esquire, state that I am the attorney for defendant in this matter and I am authorized to make this verification on its behalf and state that the facts contained in the foregoing Defendant's Answer to Plaintiff's Complaint with New Matter are true and correct within the best of my knowledge, information and belief. The undersigned understands that any statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. W. Kelly McWilliams Date: l' ?? ? t N > Cz `n G _ .7 - C.0 f7l -t C71 -G ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney IDk : 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 AUDREY CRIBARI, Plaintiff V. KMART CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-05956 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiff, by and through her attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 16. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Audrey Cribari at any time was aware of or anticipated that she would be struck as a result of the negligence of Defendant's employee. It is specifically denied that Plaintiff was aware of the possibility of being struck by one of Defendant's employees while pushing a cart or that she assumed the risk of the injuries which she sustained. Plaintiff Audrey Cribari maintains that the defense of assumption of the risk is inapplicable to the type of action stated in Plaintiff's Complaint. 291628 IT Denied. This averment is a conclusory statement unsupported by any factual statements. To the contrary, it is averred that Plaintiffs injuries and damages were directly caused by the negligence of the Defendant's employees as stated in Plaintiff's Complaint and over which Defendant Kmart Corporation had or should have had the full right of control. 18. Denied. This averment is a conclusory statement unsupported by any factual statements and therefore no further response is required. To the extent that a further response may be deemed proper, it is specifically denied that Defendant Kmart's employee's conduct in pushing a cart loaded with boxes to the point of being unable to observe patrons in their path and striking a patron with a loaded cart is not improper or negligent conduct. To the contrary, Plaintiff maintains that Defendant and Defendant's employee's conduct was negligent as stated in Plaintiff's Complaint. 19. Denied. It is specifically denied that Plaintiffs injuries are the result of pre-existing conditions or injuries which were not caused by the answering, Defendant. To the contrary, it is averred that Plaintiffs injuries and damages are directly the result of the negligence of the Defendant's employees and are the result of either new injuries or aggravation of pre-existing conditions for which the Defendants are fully responsible under Pennsylvania law. 20. Denied. It is specifically denied that Plaintiffs injuries were not causally related to the negligent acts stated in Plaintiff s Complaint. To the contrary, Plaintiff maintains that all of her injuries and damages are directly and causally related to the negligence of the Defendant as stated in Plaintiff s Complaint. 21. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff s claim is barred by the applicable statute of limitations. To the contrary, it is averred that 291628 Plaintiff's injuries occurred on December 7, 2002 as stated in Plaintiff's Complaint. Plaintiff's Complaint was filed in Cumberland County on November 29, 2004. The Complaint was served by the Cumberland County Sheriffs office on December 6, 2004, both of which occurred before the two-year anniversary of the accident and therefore Plaintiff maintains that the action was timely filed and served prior to the two-year statute of limitations contained in 42 Pa.C.S.A. §5224. Furthermore, Defendant Kmart filed for bankruptcy protection during which time the statute of limitations on Plaintiffs claim was stayed. 22. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. To the contrary, Plaintiff maintains that her Complaint sufficiently and adequately states a cause of action for negligence against the Defendant. 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Audrey Cribari was negligent in any manner upon the cause of action stated in Plaintiff s Complaint or the Plaintiff was aware of or assumed the risk of the injuries which occurred as a result of the incident alleged in Plaintiffs Complaint. It is specifically denied that the Pennsylvania Comparative Negligence Act or that the Doctrine of Contributory Negligence are in any way applicable to the cause of action stated in Plaintiff s Complaint. It is further denied that the Doctrine of Assumption of Risk is in any way applicable to the cause of action stated in Plaintiffs Complaint. 24. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff 291628 Audrey Cribari was negligent in any manner upon the cause of action stated in Plaintiff's Complaint. To the contrary, Plaintiff's accident and resulting injuries were solely as a result of the negligence of the Defendant as stated in Plaintiffs Complaint. 25. Denied. This averment is inapplicable to the allegations contained in Plaintiff's Complaint. Plaintiffs Complaint alleges that the Defendant was negligent in hiring, training, permitting, or allowing an employee to recklessly push a shopping cart which was overloaded into a patron and therefore notice of the dangerous condition is not an issue or a defense. 26. Denied. Plaintiff maintains that this allegation is also inapplicable to the cause of action stated in Plaintiffs Complaint. Plaintiff was struck from the rear by Defendant's employee who was pushing cart in a reckless and careless manner and, therefore, any allegations of the condition being open or obvious is inapplicable to the facts and cause of action stated in Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff and against Defendant. P.C. 341chael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 291628 VERIFICATION I, AUDREY CRIBARI, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing 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 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. S , AIJD' CRIB I 291631 CERTIFICATE OF SERVICE AND NOW, this 26s' day of January, 2005, I, Michelle M. Milojevich an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: W. Kelly McWilliams, Esquire Gibley and McWilliams 524 N. Providence Road PO Box 1107 Media, PA 19063 (610) 627-9500 Michelle M. Milojevie 291628 _ ?a r. i `' ?4 i i j I? ' }`? X111 Ill) ??_) t , 1. ?' ... • " I .?a r ,., r,,7 ?:.,? . , ??-:1 ?...., `t1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CRIBARI Vs. NO. 045956 KMART CORP CERTIFICATE PREREQUISITE TO SERVICE OF A. SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 W KELLY MCWILLIAMS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 01/25/05 W KELLY MCWILLIAMS, ESQUIRE 524 N PROVIDENCE RD PO BOX 1107 MEDIA, PA 19063-1107 610-627-9500 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M317717 By: Patti Martin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CRIBARI Vs. KMART CORP TO: MICHAEL KOSIK, ESQ (PLAINTIFF) No. 045956 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 01/04/05 W KELLY MCWILLIAMS, ESQUIRE 524 N PROVIDENCE RD PO BOX 1107 MEDIA, PA 19063-1107 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED T0: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Patti Martin Enc(s): Copy of subpoena(s) Counsel return card File #: M317717 COM+DNWEALTH OF PENNSYLVANIA COLIM OF CL*9011 AND CRIBARI Vs. File No. 045956 KMART CORP MEDICAL BILLING REQUESTED SUBPOENA To PRODUCE DO2MNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATM- MRn TCAT. RRmpnA nRPT (Name rerson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thin SEE A -- at _ MEDICAL LEGAL REPRODUCTIONS ,(A;Fdss4 7940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ty this subpoena, together with the certificate of camliance, to the party making thie 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 orde ampelling you to crn:ply with it. THIS SUBPOENA WAS ISSUED AT THE REGUEST OF THE FOLLOWING PERSON: NAME: W KELLY MCWILLIAMS, ESQ ADDRESS: ?° , ,<nn<,rnL+T.< CE RD TELEPHONE : 3 -110 7 SUPREW COURT lO # 215-335-3212 ATTORNEY FOR: 0 86 DEFENDANT 4317717-01 DATE: _ Seal of the' court BY THE COURT: aProt?tary/OBI Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP No. 045956 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP CUMBERLAND M317717-01 *** SIGN AND RETURN THIS PAGE *** COM )NWFALTH OF PENNSYLVANIA COUNTY OF C L14 MAND CRIHARI Vs. WART CORP File No.. 045956 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCU11ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP-S, 503 N 21ST ST, CAMP HILL PA 17011 TO: A N• RADIOLOGY 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 doaments orSthingg - rat -- MEDICAL LEGAL REPR0DUCTIONS(A4%&sj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of ccrmliance, to the party making thi: 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 thin, subpoena may seek a court orde:• crnpelling you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W KELLY MCWILLIAMS, ESQ ADDRESS: 52q ,t- :. -PRC-A-'-TENCE RD TELEPHONE: MEDIA, PA 3-1107 SUPREME COURT AD s k215-335-3212 ATTORNEY FOR: 50286 DEFENDANT BY THE COURT: M317717-02 42 ?_- ak".11114 I/ Prothonotary/ lWk, oivi1 Division - DATE: /Seal of thb Court }Ins /1 ---- -? _ Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA CRIBARI Vs. No. 045956 KMART CORP OF RECORDS FOR : HOLY SPIRIT HOSP-X ANY AND ALL X-RAY FILMS. PERTAINING TO: NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP-X CUMBERLAND M317717-02 * * * SIGN AND RETURN THIS PAGE * * * c244 NWEALTH OF PENNSYLVANIA COUNTY OF C7D05IrAND CRIBARI Vs. KMART CORP File No. 045956 ORIGINAL X-RAYS REQUESTED MDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOW-FS ORE THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: of Person or Entity) Within twenty (20) days after service of this. subpoena, you are ordered by the court to produce the following domments SEEngl. -" at BURICK & AZIZKHAN INT MED, 888 POPLAR CHURCH RD, CAMP HILL PA 17011 MEDICAL LEGAL REPRODUCTIONS(A4StSt940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onabIc 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. thin, subpoena may seek a court orde;• cxxrpeIIing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W KE!L)CWILLIAMS, ESQ ADDRESS: -_ 3 N PR-GVIDENCE RD TELEPHONE: A'?A TgOb3-1107 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR:._ 50286 DEFENDANT M317717-03 DATE: 41fdoaf?h (hurt BY THE COURT: Prothonotary 1 k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP No. 045956 CUSTODIAN OF RECORDS FOR: BURICK & AZIZKHAN M MED ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or BURICK & AZIZKHAN INT MED CUMBERLAND M317717-03 * * * SIGN AND RETURN THIS PAGE * * * QF•AM OF PENNSnVANIA couarS OF camERLAN D CRIBARI Vs. KMART CORP File No. 045956 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS F_OR DISCOVERY PURSUANT TO_RLL:E 4009.22 HEALTHSOUTH, C/O CARE WORKS, 5400 CHAMBERS HILL RD TO: HARRISBURG PA 17111 _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments orSthjn9??I? at _ MEDICAL LEGAL REPRODUCTIONS (A(Wits t940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnpIiance, to the party making thia request at the address listed above. You have the right to seek in advance the rea.onabIc 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 avert orde- o gelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON: NAME: W KELLY MCWILLIAMS, ESQ _ADDRESS:__ 29N PRGVJXZ.NCE RD 3-1107 i ELF -PHONE. SUPREME COURT ID 41 215-335-3212 ATTORNEY FOR: 50286 DEFENDANT M317717-04 DATE: lll> 5? Court BY THE ,OOl1RT: /?S i Yn^^ -- ,. nProthon/o?tary/ et c, Civil Division _ ?J1 UL ?Lt ? 1? Deputy (Eff. T/9T) ADDENDUM TO SUBPOENA CRIBARI Vs. No. 045956 KMART CORP CUSTODIAN OF RECORDS FOR: HEALTHSOUTH ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO. NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIMD PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HEALTHSOUTH CUMBERLAND M317717-04 *** SIGN AND RETURN THIS PAGE *** a* DNWEALTH OF PENNSYLVANIA COONPY OF CfIlBERIAND CRIBARI Vs. KMART CORP File No. 045956 ORIGINAL 8-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THIN3S FOR DISCOVERY PURSUANT TO RULE 4009.22 ORTHO INST OF PENNA, 875 POPLAR CHURCH RD, CAMP HILL PA 17011 TO: (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 SEE jth ng?: at MEDICAL LEGAL REPRODUCTIONS(AJAtsf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b> this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea-onabie 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 orde;- oenpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W KELLY MCWILLIAMS, ESQ ADDRESS:SPA -N. PR(PIZZENCE RD TELFP}ONE• 3-1107 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: 50286 DEFENDANT M317717-05 DATE : oZllfl s6al of he Court BY THE COURT: _ Protho(nootary/t k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP No. 045956 CUSTODIAN OF RECORDS FOR. ORTHO INST OF PENNA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING { ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ORTHO INST OF PENNA. CUMBERLAND M317717-05 *** SIGN AND RETURN THIS PAGE *** commxs EALTH OF PENNSYLVANIA COuNPY OF CUKBERLAM CRIBARI _ Vs. File No. 045956 KMART CORP ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS SRTlillrC?5 BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO. PHYSICIANS OF REHAB IND, 450 POWERS AVE REAR, HARRISBURG PA 17109 (Name of Person or Enti Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACIMD-ADDENDUM " at MEDICAL LEGAL REPRODUCTIONS (A&Kss ? 9 4 0 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of camliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onable 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 orde;- Lx mpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W KELLY MCWILLIAMS, ESQ ADDRESS:524 N CE RD TELEPHONE: MEDIA, PA 19063-1107 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: s02Rf DEFENDANT '4317717-06 DATE: /Seal of the' Co?ut BY THE COlR2T : Prothonotary/Ofl k, Civil Division A- . Deputy (Eff. 7'/97) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP No. 045956 CUSTODIAN OF RECORDS FOR: PHYSICIANS OF REHAB IND ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO.I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. t ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( } X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PHYSICIANS OF REHAB IND CUMBERLAND M317717-06 *** SIGN AND RETURN THIS PAGE *** COKCINWFALTH OF PENNSYLVANIA CUuNn OF CUPMEffAND CRIBARI Vs. File No. 045956 KMART CORP ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS ORTHICCNi35 BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 DRAYER PHYSICAL THERAPY, 2805 OLD POST RD #210, HARRISBURG PA 17110 TO: ,- (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 AL'ffXC? at MEDICAL LEGAL REPRODUCTIONSFA&Tgsst940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested y this subpoena, together with the certificate of cmpliance, to the party making thi_ 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 orde;- Lxmpelling you to cmply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W KELLY M WILLIAMS, ESQ ADDRESS:- CE RD TELFPHONE: MEDIA, PA 19063-1107 SUPREME COURT ID #L__215-335-3212 ATTORNEY FOR, Sn2R6 DEFENDANT BY THE COURT: M317717-07L? Prothonotary/ k, civil Division DATE: eal of _ the Court Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP No. 045956 CUSTODIAN OF RECORDS FOR. DRAYER PHYSICAL THERAPY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DRAYER PHYSICAL THERAPY CUMBERLAND M317717-07 *** SIGN AND RETURN THIS PAGE *** Ca*CNV`EALTH OF PENNSYLVANIA COUNTY OF CfA+» CRIBARI Vs. File No. 045956. KMART CORP ORIGINAL X-RAYS REQUESTED SUBPOENA To PRODUCE DOCUMENTS OIi?TNiFKas BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 PINNACLE HEALTH PAIN MGMT, 4076 MARKET ST, CAMP HILL PA 17011 TO: -- (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docwmtt things- SEE ATTACHED at MEDICAL LEGAL REPR0DUCTI0NSFACTCEas?940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together wit11 the certificate of caMliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea>onabie cost of preoaring 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 orde cxmpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: w KFiTY MCWILLIAMS, ESQ ADDRESS: CE RD TELFPF•IONE: MEDIA, PA 19063-1107 SUPREME COURT ID ,'t 215-335-3212 ATTORNEY FOR, S02RF -- DEFENDANT M317717-08 DATE: /dDS Seal o the' Court BYTI- 07JIR/TJ; - Prot"honotar JC erk, Civil Division ?- --.i Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP No. 045956 CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH PAIN MGMT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ) NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( } PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PINNACLE HEALTH PAIN MGMT CUMBERLAND M317717-08 *** SIGN AND RETURN THIS PAGE *** Ca4CNWEALTH OF PEtINSYLVANIA COUNTY OF C[7MEERIAND CRIBARI Vs. File No. 045956 KMART CORP ?ORRIIGG?IgNA,L X-RAYS REQUESTED SUBPOENA TO PRODUCE DoakENTS OR 1},% BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 SUSQUEHANNA VAL PAIN MGMT, 2025 TECHNOLOGY DR #201, MECHANICSBURG PA 17 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: SEE AT at MEDICAL LEGAL REPRODUCTIONS<A s1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of camliance, 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court order ompelling you to crnpiy with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: W KELLY MCWILLIAMS, ESQ ADDRESS. 524 if PROVIDE CE RD TELEPHONE: MEDIA, PA--1T$3-1107 SUPREME COURT ID #__215-335-3212 ATTORNEY FOR. 50286 DEFENDANT 117717-09 DATE: ora? // 12W L? S 1 of the Court BY THE COURT:: 1? xT x AL tom.. Prothonot- ary/Ol k, Civil Division lc.. }'1'Lr.Q.ltw. t? -' Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP No. 045956 CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VAL PAIN MGMT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: AUDREY A CRIBARI ADDRESS: 3236 CLOVERFIELD RD HARRISBURG PA DATE OF BIRTH: 07/31/34 SSAN: 210266973 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SUSQUEHANNA VAL PAIN MGMT CUMBERLAND M317717-09 *** SIGN AND RETURN THIS PAGE *** ?, _? ?- ??-, ?? ?" ? `,=:, ?;?. _. <, r. !?:`< _w, -. . z r..r SHERIFF'S RETURN - REGULAR CASE NO: 2004-05956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRIBARI AUDREY VS KMART CORPORATION RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KMART CORPORATION the DEFENDANT , at 0924:00 HOURS, on the 2nd day of December-, 2004 at 5600 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to MIKE SCHINDLER, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.0 0 8.14" .00 10.00 R. Thomas Kline .00 36.14 12/06/2004 ANGINO & ROVNER Sworn and Subscribed to before ff?\ this a2, day of t v?-t,?-Q11M U U?? A. D. J Prothonotary By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CRIBARI Vs. NO. 2004 05956 KMART CORP CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 W KELLY MCWILLIAMS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/26/06 W KELLY MCWILLIAMS, ESQUIRE 524 N PROVIDENCE RD PO BOX 1107 MEDIA, PA 19063 610-627-9500 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M330351 By: Colleen Laird IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CRIBARI Vs. KMART CORP No. 2004 05956 TO: MICHAEL KOSIK, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 04/05/06 W KELLY MCWILLIAMS, ESQUIRE 524 N PROVIDENCE RD PO BOX 1107 MEDIA, PA 19063 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Colleen Laird Enc(s): Copy of subpoena(s) Counsel return card File #: M330351 CO MR]WEAM OF PENNSYLVANIA COUNPY OF CUMBEREA D CRIBARI Vs. KMART CORP File No. 2004 05956 SUBPOENA TO PRODUCE DOW-ENTS 8f%% BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE AWACHED ADDENDUM --- at MEDICAL LEGAL REPRODUCTIONSFAdVGssp940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onable 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 thin, subpoena may seek a court orde;• onpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM" W KELLY M NILLIAMS, ESQ ADDRESS: ------52j-N-`PK0Vj-DMCE RD TELEPHONE: MEDIA, PA 19063 SUPRETE COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M330351-01 DATE : -_-1Y Seat of the Court BY THE COURT: Prothonot Cl k, vil Division Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP No. 2004 05956 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP ANY AND ALL RECORDS REGARDING MEDICAL TREATMENT RECEIVED IN OR ABOUT DECEMBER 2002 FOR INJURIES TO HIS WRIST AS WELL AS ANY AND ALL DOCUMENTS GENERATED REGARDING ANY WORK RESTRICTIONS RELATING TO ANY SUCH INJURIES. PERTAINING TO: NAME: BRYANT ASTLES ADDRESS: 200 HOLIDAY AVE MECHANICSBURG PA DATE OF BIRTH: 08/27/80 SSAN: 199602251 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ) NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP CUMBERLAND M330351-01 *** SIGN AND RETURN THIS PAGE *** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBEIUAM CRIBARI Vs. KMART CORP File No. 2004 05956 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP-X, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: RADIOLOGY DEPT (Nana of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE AT ,- at MEDICAL LEGAL REPRODUCTIONS(A st940 DISSTON ST., PHILA., You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of cam liance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this, subpoena may seek a court orde;- camelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQLEST OF THE FOLLOWING PERSON: NAME: W KELLY MCWILLIAMS, ESQ ADDRESS: ^ CE RD TELEPHONE: MEDIA, 3 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR:_ 50286 DEFENDANT BY THE OOURT: M330351-02 DATE: 7. ar0G S dal of the Oourt Division Deputy (Eff. 7/9T) ADDENDUM TO SUBPOENA CRIBARI Vs. KMART CORP CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP-X No. 2004 05956 ANY AND ALL X-RAYS REGARDING MEDICAL TREATMENT RECEIVED IN OR ABOUT DECEMBER 2002 FOR INJURIES TO HIS WRIST AS WELL AS ANY AND ALL X-RAYS GENERATED REGARDING ANY WORK RESTRICTIONS RELATING TO ANY SUCH INJURIES. PERTAINING TO: . NAME: ADDRESS: DATE OF BIRTH: SSAN: BRYANT ASTLES 200 HOLIDAY AVE 08/27/80 199602251 PA ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP-X CUMBERLAND M330351-02 *** SIGN AND RETURN THIS PAGE *** N zr , cn C3 o o J PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (x) for JURY trial at the next term of civil court () for trial without a jury CAPTION OF CASE (entire caption must be stated in full) AUDREY CRIBARI Plaintiff V. KMART CORPORATION Defendant (check one) O Assumpsit () Trespass (x) Trespass (Motor Vehicle) () Other The trial list will be called on 10/10/06 Trials commence on 11/6/06. Pre-trials will beheld on 10/19/06 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 2004-05956 Civil Indicate the attorney who will try case for the party who files this praecipe: Michael E. Kosik, Esq., 4503 N. Front Street, Harrisburg, PA 17110; (717) 238-6791; IDNo: 36513 Indicate trial counsel for other parties if known: W. Kelly McWilliams, Esq., Gibley and McWilliams, PO Box 1107, Media, PA 19063; (610) 627-9500 This case is ready for trial. Signe Print Name: Michael E. Kosik Attorney for Plaintiff(s) Date: altlo& m?;? cz . =? C7 - -a C> 7 r; 3 N c71 6 AUDREY CRIBARI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KMART CORPORATION, CIVIL ACTION - LAW o 0 ? -n Defendant NO. 04-5956 CIVIL TERM-Tjt- - _ --t M IN RE: PRETRIAL CONFERENCE a ari A pretrial conference was held on Thursda,-,; t_V iv Urn October 19, 2006, before the Honorable Edward E. Gui?o, _ Judge. Present for the Plaintiff was Michael E. Kosik, Esquire, and present for the Defendant was W. Kelly McWilliams, Esquire. The parties feel this case will take two possibly three days to try. There are no scheduling conflicts. There are no complicated legal issues. The Defendant is seriously considering admitting liability. The settlement negotiations are ongoing at the current time. There are substantially different valuations of the case. However, counsel both appear to be reasonable, and this case has a very real chance of settling. By the----Court";, Edward E. Guido, J. Michael E. Kosik, Esquire For the Plaintiff Court Administrator W. Kelly McWilliams, Esquire For the Defendant :lfh OCT.19.2005 5:00PM ANGINO & ROVNER HBGPPA. NO.873 P.2 ANGiNo &'R0-%VNER, P. C. 4503 NOsIt1 PRoNI 41 uT I;eRRI8I9 JW, PA 17110-1708 717/2386791 Fez[ 717/2383610 WWWANGWO&OWELCOU BMA]b MIOS"ANG1NOWVNELOOM October 19, 2006 VIA FACSIMILE 240-6462 Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: ?°Yrt; M: 2004459% Dear Judge Guido: RICHAIW C. ANG NO bUCHAE.E. YOM NML J.'ROVNER R=MRDA. &AM0QK JOWK M Nban O JOAN L s IIAK DAvW L. LU'L'L LISA K B. WOOmJitr7 DAAYL B. QBMTOMM 02 -10:0 X'*> t- It Please allow this letter to confirm that the above-captioned case has settled. The case was scheduled to go to trial the week of November 6, 2006. Should you have any questions, please do not hesitate to contact me. iJ., E. Kosik MEK:mmm cc: W. Kelly McWilliams, Esquire Court Administrator 339098 ?JoceF as `' 1 n 01-. an bottom @ cogrle-K . i \JQ ?o EY N i utj N OCT.19.2006 5:00PM ANGINO&& ROVNER HBG,PA. NO.e73 P.1 ANGINO & ROVNER9 P.C. s„ r 4503 NORTH ftoNr SMUT HAMBURG, ?A 17110.1708 717!2384791 PAX717/23&5610 WWVP"GU40a0VNE6L00 4 F RICHARD G At40M Itc"ME XOM NMIJ.Ra'vM R1C*W0A.SADUXK 7oSEPH M. Mv.UL0 JOAN L. ST161Urax DAMLY= 11ar,WB.W01xffit iv DARYL I (,'nUrTOPM FAX COVER TRANSMISSION SHEET File Name/Number: Cribari / 03062 Date: October 19, 2006 To: Name Honorable Edward E. Cmiclo W. Kelly McWMiams, Esquire Firm,/Company City, State Fax Number 2446462 2446460 61"27,2400 From: Miclml E. Kosilr, Esquire x NO ORIGINAL TO FOLLOW ORIGINAL TO FOLx.OW VIA NOTE: This Fax transmission consists of page(s); this page is number 1. If you do not receive all of the pages indicated., have any questions or require assistance, please call Michelle at (717) 23&479X. CONFIDMg11ALI1X NOTICE: The contents of this facsimile message is attorney privileged and highly confidential, directed only to the above named person. Therefore, distribution, utilization or copying of this information by anyone other than the designated recipient is strictly prohibited. If you have erroneously received this transmission, please notify us by telephone at once. Sep 04 2007 12:27PM HP LRSERJET 3330 AUDREY CRIBARI, Plaintiff, V. KMART CORPORATION, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 04-5956 Civil Term TO THE PROTHONOTARY: Kindly mark the above matter SETTLED, DISCONTINUED AND ENDED. I ANGIN P.C. By: Michael E. Kosik, Esquire Attorney For Plaintiff Audrey Cribari r s p.2 Date: / 3 r 0 7 C r.a ° .a ?y- +`w. .J,. _ ` • .... ?("t ? . .. ? y .Y°' A 11 ?? VV?F