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HomeMy WebLinkAbout04-6350SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3`° Floor Harrisburg, PA 17110-1778 (717) 234-2401 CINDY M. WESTRA and KEVIN WESTRA, D.O., husband and wife Plaintiff V. MECHANICSBURG AREA SCHOOL DISTRICT, Defendant Peter M. Good, Esquire Dgood (ci)sasllo-corn Susan M. Zeamer, Esquire szearnerRsaslio.corn Attorneys for IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. t_ ?Ci1L CIVIL ACTION - AT LAW JURY TRIAL DEMANDED N O T I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dfas despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3'd Floor Harrisburg, PA 17110-1778 (717) 234-2401 CINDY M. WESTRA and KEVIN WESTRA, husband and wife, Plaintiffs V. MECHANICSBURG AREA SCHOOL DISTRICT, Defendant. Peter M. Good, Esquire paood Unsasllp.com Susan M. Zeamer, Esquire szeamer a).sasllp.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O'? l03 ? CIVIL ACTION - AT LAW JURY TRIAL DEMANDED COMPLAINT NOW COME, Cindy M. Westra ("Mrs. Westra") and Kevin Westra ("Mr. Westra") (collectively "the Westras"), by and through their counsel Smigel, Anderson & Sacks, L.L.P., who file the within Complaint by averring as follows: Parties: 1. Plaintiffs, the Westras, are adult individuals who are Pennsylvania residents residing at 112 Ellesmere Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is the Mechanicsburg Area School District ("MASD"), a school district and a local government agency of the Commonwealth of Pennsylvania with a principal office located at 500 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania. Jurisdiction and Venue: 3. This Court has jurisdiction over the parties and subject matter of this case. 4. Venue is appropriate in Cumberland County, Pennsylvania pursuant to Pa. R.C.P. 2103(b), as it is the county in which the local agency or political subdivision is located. Background: 5. At all times relevant hereto, MASD was in the exclusive custody, possession, and control of the Shepherdstown Elementary School at 1849 South York Street, Mechanicsburg, Cumberland County, Pennsylvania ("the Premises"). 6. On January 21, 2004, Mrs. Westra was lawfully present on the Premises, within the kindergarten room, volunteering to assist with the kindergarten class. 7. At approximately 10:45 a.m. on this same date, Mrs. Westra exited the kindergarten room, proceeding carefully into the interior hallway. 8. On July 13, 2004, prior to the expiration of the six-month period, the Westras provided MASD with the required Notice of Intention to sue a government unit, a true and correct copy of which is attached hereto and made part of this document as Exhibit "A". 9. Despite reporting the incident to MASD and demanding that the Westras be made whole, MASD has refused and failed to do so. A true and correct copy of said refusal letter is attached hereto and made part of this document as Exhibit "B". -2- COUNT I THE WESTRAS v. MASD 10. Plaintiffs hereby incorporate by reference paragraphs 1 through 9 of this Complaint as if fully stated herein. 11. As MASD had, at all relevant times, the exclusive custody, possession and control of the Premises, it was the duty of MASD to keep and maintain the Premises in a reasonably safe condition for those persons lawfully thereon. 12. Notwithstanding its duty, MASD did, at the aforementioned date and time, and for some time prior thereto, carelessly, recklessly, and negligently allow and permit to remain on the Premises a dangerous and defective condition, to wit: the hallway floor was left in a wet and slippery condition covered in a liquid substance with no markers or signs within the proximity of the classroom warning of the wet floor and/or its resulting slippery condition. 13. As Mrs. Westra was proceeding upon the Premises as aforesaid, Mrs. Westra was caused to fall by reason of a dangerous and defective condition existing on the floor, with the result that Mrs. Westra suffered severe and serious injuries and damages as are hereinafter set forth. 14. At the time of the incident, and for some time prior thereto, MASD did or should have had both notice and knowledge of the aforesaid dangerous condition and did allow and permit the dangerous condition to be and remain on the premises. 15. The injuries and damages which are hereinafter set forth were caused solely by and were a direct result of the negligence of MASD in any or all of the following respects: -3- a. in failing to keep the Premises in a safe condition for persons lawfully using the same; b. in permitting the dangerous condition to be and remain on the Premises when MASD knew or, in the exercise of reasonable care, should have known of the danger involved; C. in failing to warn Mrs. Westra of the dangerous condition created by the above-described hazard; d. in failing to remove, cover, block, or otherwise warn of the dangerous condition of which MASD knew or, in the exercise of reasonable care, should have known; e. in permitting persons, and Mrs. Westra in particular, to traverse the Premises when MASD knew or, in the exercise of reasonable care, should have known that it was dangerous to do so and involved an unreasonable risk of harm to persons doing so; f. in failing to notify or warn persons, and Mrs. Westra in particular, of the dangerous condition so that the hazard involved could be avoided; g. In maintaining the Premises in such a manner as to constitute a danger to persons, and Mr. Westra in particular, lawfully thereon; h. in failing to provide persons lawfully using the Premises, and Mrs. Westra in particular, with a safe area to traverse the premises; in failing to exercise that degree of care and regard for the rights and safety of persons lawfully on the Premises, such as Mrs. Westra, as was required under the circumstances. -4- 16. Solely as a result of the negligence of MASD as aforesaid, Mrs. Westra sustained the following injuries, all of which are or may be of a permanent nature: a. a fracture to her distal radius in her left arm; b. reflex sympathetic dystrophy resulting from the fracture to her distal radius in her left arm; C. adhesive capsulitis in her left arm; d. swelling; e. soreness; f. stiffness; g. and other severe and serious injuries including but not limited to a loss of the full use and strength in her left arm. 17. As a result of the injuries as aforesaid, Mrs. Westra has incurred the following damages: a. Mrs. Westra claims damages for medical expenses and future medical expenses which she will incur as a result of the injuries she sustained from the above-described slip and fall. b. Mrs. Westra has incurred out-of-pocket expenses, related to travel and overnight accommodations, as a result of the above-described slip and fall and the need to seek treatment and care out of the area. C. Mrs. Westra has experienced and will continue to experience pain, suffering, inconvenience, and a loss of life's pleasures; d. Mrs. Westra has experienced and will continue to experience embarrassment and mental anguish; -5- e. Mrs. Westra has suffered and will continue to suffer loss of restful sleep, loss of mobility, fatigue, and an impairment of her general health, strength, and vitality; f. Mrs. Westra has experienced a loss of business opportunities and current and future income and wages; 18. As a result of the injuries described, supra, Mr. Westra has sustained a loss of consortium and has been deprived of the services and companionship of his wife, Mrs. Westra. WHEREFORE, the Plaintiffs demand judgment against the Defendant in an amount in excess of this County's mandatory arbitration limits plus the cost of this action and any other relief that this Honorable Court may deem just and proper. SMIGEL, ANDERSON & SACKS, L.L.P. Date: B : 9??- Peter M. Good *Esq - ID # 64316 Susan M. Zeamer, Esquire - ID # 82023 River Chase Office Center, 3`d Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs -6- 12/1612004 07:08 717-766-6803 CINDY & KEVIN WESTRA PAGE 07/08 10-29-p4 ll:la FR01?-SqS 7172343611 T-978 P,008/006 F-85T VERIFICATION I, Cindy M. Westra. verify that the statements contained in the foregoing Complaint are true and correct to the hest of my knowledge. information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa,C.S.§4804, relating to unswom falsification to authorities. Date: 12-- !5_ CP4 !Y) Cindy M. Westra 12116/2004 07:08 717-766-6803 CINDY & KEVIN WESTRA PAGE 08/08 10-29-04 11:13 FROLHAS 7172343811 T-170 P.009/000 F-857 VERIFICATION I, Kevin Wastra, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 1 understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Date: q Kevin Westra SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW Via Facsimile (717) 691-3438 and First Class Mail July 13, 2004 Mechanicsburg Area School District 500 S. Broad Street Mechanicsburg, PA 17055 Re: Cindy Westra Notice of Intent to Sue Government Unit Dear Sir or Madam: PETER M. GOOD, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-800-822-9757 FACSIMILE (717) 234-3611 EMAIL: pgood@sasllp.com www.sasllp.com File No. 5293-4-8 This office represents the above Claimant concerning an accident which occurred on or about January 21, 2004. On her behalf, we intend to commence a civil action against your government unit for damages for injuries to her person arising from the accident. In compliance with 42 Pa. Cons. Stat. Ann. § 5522, please be advised of the following: 1. Person to whom cause of action has accrued: CINDY WESTRA. 2. Address: 112 ELLESMERE LANE, MECHANICSBURG, PA 17055. 3. Person Injured: CINDY WESTRA. 4. Address: 112 ELLESMERE LANE, MECHANICSBURG, PA 17055. 5. Date and hour of accident: JANUARY 21, 2004 - APPROXIMATELY 10:45 a.m. 6. Approximate location of accident: MECHANICSBURG AREA SCHOOL DISTRICT, SHEPHERDSTOWN ELEMENTARY SCHOOL, 1849 SOUTH YORK STREET, MECHANICSBURG, PA 17055. River Chase Office Center, 3rd Floor, 4431 North Front Street, Harrisburg, Pennsylvania 17110-1709 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP Notice of Intent to Sue March 18, 2003 Page 2 7. Attending physician(s): RICHARD J. BOAL, M.D., ORTHOPEDIC INSTITUTE OF PENNSYLVANIA; ROBERT J. SCHWARTZMAN, M.D., MCP HAHNEMANN UNIVERSITY; DR. MOMIN, HEALTHSOUTH PAIN CLINIC. Should you have any questions regarding the information provided in this Notice, please do not hesitate to contact me at the telephone number provided above. Sincerely, Ik `Z J?vw Peter M. Good PMG/mss cc: Cindy Westra Service, LLC Casualty Claims Division School Claims P.O. Box 67074 - Har ]SCHOOL CLAIMS SERVICE, LLC Peter Good, Esq. River Chase Office Center, 3`d Floor 4431 North Front Street risburg, PA 17106-7074 - (866) 404-7700 • Fax (866) 404-7701 . Harrisburg, PA 17110-1709 Re: Insured: Mechanicsburg Area School District Claim #: 11832 Claimant: Cindy Westra Loss Date: 1/21/04 Dear Mr. Good: August 12, 2004 52_c)6 A-8 As you know, School Claims Service, LLC is the claims administrator for the above School District. I am in receipt of your letter dated August 10, 2004 outlining your theory of liability and injuries sustained by your client. As was previously stated, this insured is considered a "local agency" and is afforded tort immunities as described in 42 Pa. C.S.A., section 8541. Contained in the same statute, section 8542(b), are eight exceptions to the tort immunity granted this local agency. Our factual investigation of this claim is complete. We conclude that the circumstances surrounding this claim do not meet the above mentioned exceptions to the Statute. Specifically, we are told that warning cones were placed in the area where the mopping was done. Therefore, it is our position that the above insured was not negligent in the care, custody and control of the real property. On behalf of the above School District and Indemnity Insurance Company of North America, any and all claims arising out of this incident are hereby denied. However, this policy of insurance includes medical payment coverage for non- students. This addresses any related medical expenses not covered by any personal health insurance policy. Before any payments can be issued under this provision, we will need a copy of the applicable Explanation of Benefits form from any carrier along with any notes, reports or other documents supporting the charges. Please feel free to contact me with any questions. Sincerely, Je frey Feaster Casualty Claims Specialist ` ? ? * ? ?`T, J\ __??/ _111 < < > y? (/ ?( a ? `? ? ,_. ?.-' ? ? ? _ __? ? w ?i _. ? ? _ - r,.,i ?? ? C',1 ,_ , ? ? ?-3 ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JU][,Y TRIAL Defendant. DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Mechanicsburg Area School District, in the above-captioned matter and mark the docket accordingly. CKLER, LERMAN, IS & CALKINS BY ?I,? ? Robert A. Lerman, Suprem ourtID No. 07, Attorney for Defendant, Mechanicsburg Area School District 110 South Northern Way York, PA 17402-3737 Date: January 5, 2004 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JUDY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 5th day of January, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3rd Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) S(AAMOS & BY LERMAN, Robert A. Lerman, Supremd-Q6urt ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 klr/mechanicsburg-pip C 3 C' '- - ? -: s C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AIVD NOW, this II D day of January, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the INTERROGATORIES OF DEFENDANT, MECHANICSBURG AREA SCHOOL DISTRICT, TO PLAINTIFFS, SET NO. 1, as by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3`d Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) 8t BY: A. Lerman, Esquire Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402 (717) 757-7602 klr/mechanicsburg-int na ? i :7 t? tjY ..._ M t' ??? .. i ll i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this I (day of January, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, MECHANICSBURG AREA SCHOOL DISTRICT, TO PLAINTIFFS, SET NO. 1, as by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3`d Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) LERMAN, 6i BY: ' iM. i R bertv ' Lerman, Es ire Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402 (717) 757-7602 klr/mechanicsburg-rfpd U I 1, r ? r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Plaintiffs, vs. MECHANICSBURG AREA SCHOOL DISTRICT, Defendant. Civil Action - Law No. 2004-6350 JURY TRIAL DEMANDED TO: Cindy M. Westra and Kevin Westra, D.O., Plaintiffs c/o Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3Td Floor Harrisburg, PA 17110-1778 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment maybe entered against you. GRIFFITH, LERMAN, & Date: January 24, 2005 BYi/U V LV L/l l - Robert A. Lerman, Suprerr on t ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED ANSWER AND NEW MATTER OF IDEFENDANT, MECHANICSBURG AREA SCHOOL DISTRICT, TO PLAINTIFFS' COMPLAINT NOW COMES, Defendant, Mechanicsburg Area School District, by its counsel Robert A. Lerman and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Answer and New Matter to Plaintiffs' Complaint Parties: 1. Admitted upon information and belief. 2. Admitted. Jurisdiction and Venue: 3. The allegations set forth in paragraph 3 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. 4. The allegations set forth in paragraph 4 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Background: 5. Denied. To the extent the allegations set forth in paragraph 5 constitute a conclusion of law, no response is required. To the extent a response is deerned required, it is denied that at all times relevant hereto MASD was in the exclusive custody, possession and control of the Shepherdstown Elementary School at 1849 South York Street, Mechanicsburg, Cumberland County, Pennsylvania ("the Premises"). On the contrary, it is averred that the record title owner of the Shepherdstown Elementary School located at 1849 South York Street, Mechanicsburg, Cumberland County, Pennsylvania ("the Premises") is the Mechanisburg Area School District and that at all times relevant, including January 21, 2004, the Mechanicsburg Area School District through its authorized agents, servants, representatives, and employees, had custody, possession, and control of the subject premises. 6. Denied. To the extent that the allegations set forth in paragraph 6 of Plaintiffs' Complaint constitute a conclusion of law, no response is required. To the extent a response is required, it is admitted that on January 21, 2004, Mrs. Westra was present on the premises within the kindergarten room, volunteering to assist with the kindergarten class. 7. Admitted in part and denied in part. It is admitted that at approximately 10:45 a.m. on this same date, Mrs. Westra exited the kindergarten room. It is denied that Mrs. Westra proceeded carefully into the interior hallway and strict proof thereof is demanded. By way of further Answer, see Defendant's New Matter set forth hereinafter with regard to the comparative negligence of Mrs. Westra. 8. To the extent the allegations set forth in paragraph 8 constitute a conclusion of law, no response is required. To the extent a response is required, it is admitted that a letter dated July 13, 2004 was received by MASD and it is further admitted that a copy of the July 13, 2004 letter is attached to Plaintiffs' Complaint and marked Exhibit A. By way of further Answer, it is averred that Exhibit A to Plaintiffs' Complaint is a written document and speaks for itself. 9. Denied. The allegations set forth in paragraph 9 of Plaintiffs' Complaint do not assert factual allegations which are relevant or admissible or upon which, if proven to be true, establish any duty of care or breach of that duty owed by Defendant to Plaintiffs and therefore, the 2 inclusion of such allegations are improper and in violation of the Pennsylvania Rules of Civil Procedure. COUNTI THE WESTRAS V. MASD 10. Defendant, Mechanicsburg Area School District, incorporates herein by reference, as if fully set forth at length, its Answer to Plaintiffs' Complaint, Paragraph Nos. 1 - 9, inclusive, as hereinabove set forth. 11. Denied. To the extent the allegations set forth in paragraph l1 constitute a conclusion of law, no response is required. To the extent a response is required, it is averred that at all times relevant, MASD acted carefully, lawfully, properly, and prudently with due care under the circumstances, fulfilling any and all duties legally owed to the Plaintiff or persons in the position of the Plaintiff and it is further averred that at all times relevant, the premises in question were kept and maintained in a reasonably safe condition, under the circumstances existing, for those persons lawfully thereon. 12. Denied. To the extent the allegations set ;forth in paragraph 12 constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that at the aforementioned date and time and for some time prior thereto, MASD did carelessly, recklessly, and negligently allow and permit to remain on the premises a dangerous and defective condition. On the contrary, it is specifically denied that the hallway floor was left in a wet and slippery condition covered in a liquid substance with no markers or signs within the proximity of the classroom warning of the wet floor and/or its resulting slippery condition. By way of further answer, it is averred that all necessary and appropriate warnings required under the circumstances were in place. 3 13. Denied. It is denied that as Mrs. Westra was proceeding upon the premises as aforesaid, she was caused to fall by reason of a dangerous and defective condition existing on the floor. On the contrary, it is averred that no dangerous or defective condition existed or alternatively, if a condition existed, proper and appropriate warnings were in place as the circumstances required, and Mrs. Westra failed to observe the condition she claims existed and/or disregarded the warnings. The remaining allegations of paragraph 13 are denied with respect to Mrs. Westra's damages in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof demanded. 14. Denied. To the extent the allegations set forth in paragraph 14 constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that at the time of the incident, and for some time prior thereto, MASD did or should have had both notice and knowledge of the aforesaid dangerous condition and did allow and permit the dangerous condition to be and remain on the premises. On the contrary, it is specifically denied that there existed a dangerous condition about which Defendant knew or should have known. By way of further answer, it is averred that if a condition existed as Plaintiffs claim, proper and appropriate warnings were in place as the circumstances required, and Mrs. Westra failed to observe the condition and/or disregarded the warnings. 15. Denied. It is denied that the injuries and damages which are hereinafter set forth were caused by and were a direct result of the negligence of MASD in any or all of the following respects: a. In failing to keep the premises in a safe condition for persons lawfully using the same; 4 b. hi permitting the dangerous condition to be and remain on the Premises when MASD knew or, in the exercise or reasonable care, should have known of the danger involved; C. In failing to warn Mrs. Westra of the dangerous condition created by the above-described hazard; d. In failing to remove, cover, block, or otherwise warn of the dangerous condition of which MASD knew or, in the exercise of reasonable care, should have known; e. In permitting persons, and Mrs. Westra in particular, to traverse the Premises when MASD knew or, in the exercise of reasonable care, should have known that it was dangerous to do so and involved an unreasonable risk of harm to persons doing so; f. In failing to notify or warn persons, and Mrs. Westra in particular, of the dangerous condition so that the hazard involved could be avoided; g. In maintaining the Premises in such a manner as to constitute a danger to persons, and Mrs. Westra in particular, lawfully thereon; h. In failing to provide persons lawfully using the Premises, and Mrs. Westra in particular, with a safe area to traverse the premises; i. In failing to exercise that degree of cart; and regard for the rights and safety of persons lawfully on the Premises, such as Mrs. Westra, as was required under the circumstances. On the contrary, it is specifically denied that the hallway floor was left in a wet and slippery condition covered in a liquid substance with no markers or signs within the proximity of the classroom warning of the wet floor and/or its resulting slippery condition. By way of further answer, it is averred that all necessary and appropriate warnings required under the circumstances were in place and that at all times relevant, Defendant acted carefully, lawfully, prudently, reasonably, and properly, with due care under the circumstances existing. 16. Denied. It is denied that solely as the result of the negligence MASD, Mrs. Westra sustained the injuries described in her Complaint and strict proof thereof is demanded. The remaining allegations of paragraph 16 are denied in that after a reasonable investigation, Defendant 5 is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof demanded. 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 17 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 18 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. WHEREFORE, Defendant, Mechanicsburg Area School District, demands judgment in its favor and against the Plaintiffs together with costs of suit. By way of further Answer Defendant, Mechanicsburg Area School District, asserts the following: NEW MATTER 19. Defendant, Mechanicsburg Area School District, incorporates herein by reference, as if fully set forth at length, its Answer to Plaintiffs' Complaint, Paragraph Nos. 1 - 18, inclusive, as hereinabove set forth. 20. Plaintiffs' Complaint fails to state a cause of action against Defendant Mechanicsburg Area School District upon which relief can be granted. 21. Plaintiffs' Complaint may be barred by applicable statutes of limitation. 22. At all times relevant, the premises in question were maintained in a careful, lawful, safe, prudent, and reasonable manner, free from defects, hazardous odor dangerous or unsafe conditions and with all necessary and proper warnings in place, as warranted by the circumstances, 6 and that Defendant fulfilled any duties owed to the Plaintiffs or persons in the position of the Plaintiff as required by law. 23. Plaintiff, Cindy Westra's injuries and damages, if any, were caused solely and directly as a result of the negligence, carelessness, and recklessness of the Plaintiff, Cindy Westra, which negligence, carelessness, and recklessness may have consisted of the following: a. Failing to look where she was walking; b. Failing to walk carefully; C. Failing to keep a proper lookout; d. Failing to take appropriate and proper precautions for her own safety; e. Failing to observe a condition she now claims was hazardous, defective, and unsafe; f Failing to exercise prudent and appropriate care for her own safety and well being; g. Failing to observe and avoid a condition she now complains constituted a dangerous, hazardous, or unsafe condition; h. The condition of which Plaintiff now complains of was or should have been known to her; i. Failing to observe posted caution and/or warning signs; and j. Failing to wear appropriate footwear. 24. The Plaintiff, Cindy Westra, failed to exercise reasonable, careful and safety under the circumstances existing and such failure to exercise reasonable care as set forth hereinabove constitutes comparative negligence on her part. 25. The negligence, carelessness, and recklessness of the Plaintiff, Cindy Westra, as set forth in the preceding paragraphs, diminishes or bars her recovery pursuant to the provisions of the Pennsylvania Comparative Negligence Act. 7 26. The claims for damages of Plaintiff, Kevin Westra, D.O., are derivative to those claims of Plaintiff, Cindy Westra, and are barred or diminished accordingly by virtue of the comparative negligence of Plaintiff, Cindy Westra, pursuant to the Pennsylvania Comparative Negligence Act. 27. Defendant, Mechanicsburg Area School District is a governmental unit or agency within the meaning of 42 Pa.C.S.A. §8501 et. seq. 28. Plaintiffs' claims are barred by reason of the fact that their claims against Defendant, Mechanicsburg Area School District, do not fall within any of the recognized exceptions to governmental immunity as set forth in 42 Pa.C.S.A. §8542. 29. Alternatively, if it is found Defendant, Mechanicsburg Area School District is not immune from this lawsuit by virtue of its status as a governmental unit or agency, then its liability and Plaintiffs' recovery, if any, for damages, is limited pursuant to 42 Pa.C.S.A. §8553. 30. The condition about which Plaintiffs complain in their Complaint was or should have been known to Cindy Westra and she therefore, assumed the risk of her injuries and damages, if any. 31. The condition of which Plaintiffs now complain was obvious to Cindy Westra or to a reasonable person. 32. Plaintiffs' damages, if any, were caused solely, directly, and proximately as a result of the negligence, carelessness, and recklessness of individuals or entities other than Defendant over whom Defendant had no responsibility or control. 33. Plaintiff, Cindy Westra failed to exercise reasonable care for her own safety under the circumstances existing. 8 34. Defendant had no actual or constructive notice of the alleged dangerous, unsafe, defective, or hazardous condition that Plaintiff, Cindy Westra claims existed. 35. Plaintiff, Cindy Westra may have failed to mitigate her damages. 36. Some or all of Plaintiff, Cindy Westra's alleged injuries and damages may have preexisted or preceded the date of her alleged fall and were not caused or aggravated by her alleged fall. 37. Plaintiff, Cindy Westra's alleged injuries and damages may have been sustained subsequent to the date of her alleged fall and were not caused by her alleged fall. 38. Plaintiff, Cindy Westra has recovered from the injuries she allegedly sustained as a result of her fall. 40. At all times relevant, through its authorized agents, servants, workman, and employees, Defendant acted carefully, lawfully, properly and prudently, with due care under the circumstances, fulfilling all duties and responsibilities required by law. WHEREFORE, Defendant, Mechanicsburg Area School District demands judgment in its favor and against the Plaintiffs together with costs of suit. GRIFFITH, Date: January 24, 2005 BY LERMAN, Robert A. Lerman, Supreme Gdurt ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 9 VERIFICATION I, /A 1c(llT-,'\,?a ?J, hereby verify that the statements made in the foregoing Answer and New Matter of Defendant, Mechanicsburg Area School District, to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. MECHANICSBURG AREA SCHOOL DISTRICT Dated: l f a - By: 1-U CL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 24`h day of January, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answer and New Matter of Defendant, Mechanicsburg Area School District to Plaintiffs' Complaint by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, P Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) YMOS & BY LERMAN, Robert A. Lerman, SupreMe Curt ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 raslmechanicsburg-anm ?a ?{?t i ? ?.. i ?, as?? ?? c..- t y' '?n ' ' l ? ^ ,c ; . ? ? L?y 1 +?+'? /?l: -Sl t, ?? tl _ n `x ` ?y i ?- ?.. SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3`^ Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pswdAsasllp.cmn Susan M. Zeamer, Esquire z-calemLe Idsllp.com Attorneys for Plaintiffs CINDY M. WESTRA and KEVIN WESTRA, husband and wife, Plaintiffs v. MECHANICSBURG AREA SCHOOL DISTRICT, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6350 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER NOW COME, Cindy M. Westra ("Mrs. Westra") and Kevin Westra ("Mr. Westra") (collectively "the Westras"), by and through their counsel Smigel, Anderson & Sacks, L.L.P., who file the within Reply to Defendant's New Matter by averring as follows: 19. Plaintiffs hereby incorporate paragraph 1 through 18 of their Complaint as if fully set forth herein. 20. The allegations of this paragraph constitute a conclusion of law to which no response is required. To the extent a response may be required, it is denied that Plaintiffs have failed to state a claim upon which relief may be granted. 21. The allegations of this paragraph constitute a conclusion of law to which no response is required. To the extent a response may be required, it is denied that Plaintiffs' claims are barred by the statute of limitations. Strict proof at the time of trial, if admissible, is demanded. 22. To the extent the allegations set forth in this paragraph constitute a conclusion of law, no response is required. To the extent a response is required, and as more fully set forth in Plaintiffs' Complaint, it is denied that the premises of the Shepherdstown Elementary School District were maintained in a careful, lawful, safe, prudent and reasonable manner. It is denied that the premises were free from defects, hazardous and/or dangerous or unsafe conditions, and with all the necessary and proper warnings in place. It is further denied that Defendant fulfilled its duties owed to the Plaintiffs as required by law. Plaintiffs :hereby incorporate their Complaint as if fully set forth herein. 23. To the extent the allegations set forth in this paragraph constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that Mrs. W estra's, injuries and damages were caused solely and directly as a result of the negligence, carelessness, and recklessness of Mrs. Westra. It is denied that Mrs. Westra, acted negligently, carelessly, and recklessly in any manner let alone in the manner as alleged by Defendant in subparagraphs a. through j. of paragraph 23 of its New Matter. 24. The allegations of this paragraph constitute a conclusion of law to which no response is required. To the extent a response may be required, it is denied that Mrs. Westra acted without reasonable care or was in any way contributorily negligent as to the cause of her injuries and damages. Strict proof at the time of trial, if admissible, is demanded. 25. The allegations of this paragraph constitute a conclusion of law to which no response is required. To the extent a response may be required, it is denied that Mrs. Westra's recovery is barred by the act in question. Strict proof at the time of trial, if admissible, is demanded. 2 26. The allegations of this paragraph constitute a conclusion of law to which no response is required. To the extent a response may be required, it is denied that Mrs. Westra was comparatively negligent or that Mr. Westra's claims are barred or diminished as a result of any act or behavior by Mrs. Westra. Strict proof at the time of trial, if admissible, is demanded. 27. Admitted. 28. To the extent the allegations set forth in this paragraph constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that Plaintiffs' claims do not fall within any of the recognized exceptions to governmental immunity as set forth in 42 Pa. C.S.A. § 8542. By way of further answer, Plaintiffs' claims fall within the "real property exception" to local agency immunity found under 42 Pa. C.S.A. § 8542(b)(3), as set forth more fully in Plaintiffs' Complaint. 29. The allegations of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, it is denied that Plaintiffs' damages are limited by the statute in question. Strict proof at the time of trial, if admissible, is demanded. 30. To the extent the allegations set forth in this paragraph constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that the condition of the premises was or should have been known to Mrs. Westra, and it is further denied that she assumed the risk of her injuries. Strict proof at the time of trial, if admissible, is demanded. 31. To the extent the allegations set forth in this paragraph constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that the condition was obvious to Mrs. Westra or to a reasonable person. Strict proof at the time of trial, if admissible, is demanded. 32. The allegations of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, it is denied that Plaintiffs' damages were caused by others outside of the responsibility and control of the Defendant. Strict proof at the time of trial, if admissible, is demanded. 33. The allegations of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, it is denied that Mrs. Westra failed to exercise reasonable care. Strict proof at the time of trial, if admissible, is demanded. 34. To the extent the allegations set forth in this paragraph constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that Defendant had no actual or constructive notice of the dangerous, unsafe, defective, or hazardous condition on the premises. 35. To the extent the allegations set forth in this paragraph constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that Mrs. Westra failed to mitigate her damages. Strict proof at the time of trial, if admissible, is demanded. 36. Denied. It is denied that some or all of Mrs. Westra's injuries and damages may have preexisted or preceded the date of her fall and were not caused or aggravated by her fall. Strict proof at the time of trial, if admissible, is demanded. 37. Denied. It is denied that Mrs. Westra's injuries and damages may have been sustained subsequent to the date of her fall and were not caused by her fall. Strict proof at the time of trial, if admissible, is demanded. 38. Denied. It is denied that Mrs. Westra has recovered from the injuries she sustained as a result of her fall. Strict proof at the time of trial, if admissible, is demanded. 40. [sic.] To the extent the allegations set forth in this paragraph constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that through its authorized agents, servants, workmen, and employees, Defendant acted carefully, lawfully, properly and prudently, with due care under the circumstances. It is further denied that Defendant fulfilled all duties and responsibilities required by law. Strict proof at the time of trial, if admissible, is demanded. WHEREFORE, Plaintiffs pray for judgment in their favor and against the Defendant, Mechanicsburg Area School District, as more fully set forth in Plaintiffs' Complaint. SMIGEL, ANDERSON & SACKS, L.L.P. Date: r ?(l`((Cl- Peteyy?4l. Good, renter, ID # 8bSd?azi M. Zeamer, ID # 82023 River Chase Offic`d Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Susan M. Zeamer, Esquire, hereby certify that I have served a true and correct copy of Plaintiffs Reply to Defendant's New Matter upon the parties as addressed below by depositing the same in the U.S. Mail, first class, postage prepaid on this 14th day of February, 2005 as addressed below: Robert Lerman Law Offices of Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant SMIGEL, ANDERSON & SACKS, LLP Date: J?y: - ?.- 1 ete M. Good, Susan M. Zeamc .D. #82023 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiffs { 1 ?1 t yrv SHERIFF'S RETURN - REGULAR CASE NO: 2004-06350 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESTRA CINDY M ET AL VS MECHANICSBURG AREA SCHOOL DIST J. MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MECHANICSBURG AREA SCHOOL DISTRICT the DEFENDANT , at 1020:00 HOURS, on the 27th day of December-, 2004 at 500 S BROAD STREET MECHANICSBURG, PA 17055 JANET RUDY, SECRETARY, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.40 Affidavit .00 Surcharge 10.00 nn J J . Z V Sworn and Subscribed to before me this rd" day of 2 l A.D. r tohnotary So Answers: R. Thomas Kline 12/28/2004 SMIGEL ANDERSON SACKS By: AIL a Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Plaintiffs, vs. MECHANICSBURG AREA SCHOOL DISTRICT, : Defendant. Civil Action - Law No. 2004-6350 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Mechanicsburg Area School District, certifies that: 1) A Notice of intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate, (3) No objections to the Subpoenas have been received, and (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, STICKLER, LERMAN, SOLYba?OS & CALKINS BY ? 1-/U f,r '-'k-n_ wit `,'- ?-- - Robert A. Lerman, Supreme`Court ID #07490 Attorney for Defendant, Mechanicsburg Area School District 110 South Northern Way York, PA 17402-3737 Date: April 12, 2005 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Mechanicsburg Area School District, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, ORICKLER, LERMAN, SO MOS & CALK)TS BY Robert A. Lerman, Esquire Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Date: March 18, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O. Plaintiffs, vs. MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. Civil Action - Law No. 2004-6350 JURY TRIAL DEMANDED To: Orthopedic Institute of Pennsylvania 450 Powers Avenue Harrisburg, PA 17109 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports and emergency room records regarding Cindy M. Westra, date of birth: 11111167. at Griffith Strickler Lerman Solvmos & Calkins 110 S. Northern Wav. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Wav York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Mechanicsburg Area School District BY THE COURT: DATE: Seai of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.C., Civil Action - Law Plaintiffs, vs. MECHANICSBURG AREA SCHOOL DISTRICT, No. 2004-6350 Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Pauline Kostelac D O. Washington Heights Medical Center Ground Level 50 North 12`h Street, Lemoyne, PA 17042 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11/67. at Griffith. Strickler. Lerman Solvmos & Calkins 110 S. Northern Way. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way, York PA 17402 TELEPHONE: (7171757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsburg Area School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.C., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Robert Schwartzman Room 7102, New College Building 245 North 15`h Street. Philadelphia PA 19102 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11/67. at Griffith Strickler Lerman Solvmos & Calkins. 110 S. Northern Way. York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsburg Area School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN W ESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Jose Dominguez. Physical Therapist, Cumberland Orthopedic and Spine 6375 Mercury Drive, Mechanicsburg. PA 17050 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11/67. at Griffith. Strickler. Lerman Solvmos & Calkins. 110 S. Northern Way. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERTA. LERMAN ESQ. ADDRESS: GRIFFITH. STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Way. York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsburg Area School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O. Plaintiffs, Civil Action - Law vs. MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. No. 2004-6350 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Richard Boal and/or Orthopedic Institute of Pennsvlvania, 875 Poplar Church Road. Cam Hill. PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11/67. at Griffith, Strickler. Lerman, Solvmos & Calkins. 110 S. Northern Way. York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way. York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsburg Area School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Malik Momin and/or HealthSouth Rehab, 175 Lancaster Boulevard. Mechanicsburg, PA 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11/67. at Griffith, Strickler. Lerman. Solvmos & Calkins. 110 S. Northern Wav York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsburg Area School District BY THE COURT: DATE: Seal of Court Prothonotary 1 Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WE5TRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 18d' day of March, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, 5TRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intent to Subpoena Records, by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3'd Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, S CKLER, LERMA SO O5 & CALKINS BY ?l 1 l;' V"l r Robert A. Lerman, Supreme Obtfrt ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 12`h day of April, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3 d Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, STRI,CKLER, LERMAN, SOLYMOS & CALKINS , BY Robert A. Lerman, Supreme ryfirt ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 klr/mechaniesburg-certificatepre ??> ? t ? ?' 'a S -?° ??? J 3 ?:?..5 I t'.... ??'tl ?.a' ? ?':' _ a }4 :? .-. (,,.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this - day of l? 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Response of Defendant Mechanicsburg Area S?hool District to Plaintiffs' Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3`d Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs)/-) GRIFFITH, CKLER, LERMAN, SO OS & CALKIN ' BY bert A. Lerman, Supreme-Court No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 rsdtmek;hanicsburg-rrpd ?'1 `? ?? ?? K,G, ? : a i7 p >- .. 'a ? ?, ?` ? t:3 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of y? 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answer of Defendant Mechanicsburg Area School District to Plaintiffs' Interrogatories by United States Mail, addressed to the party or (attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3`3 Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) YMOS & BY toWert A. Lerman, Suprecme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 rsd/mechanicsburg-ati ?Ci tr. Z t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Plaintiffs, VS. MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. Civil Action - Law No. 2004-6350 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Mechanicsburg Area School District, certifies that: 1) A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate, (3) No objections to the Subpoenas have been received and a copy of a Waiver of the notice period signed by Plaintiffs' counsel is also attached hereto; and (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. LERMAN, BY / Robert A. Lerman, Supreme Court ID 7490 Attorney for Defendant, Mechanicsburg Area School District 110 South Northern Way York, PA 17402-3737 Date: June 22, 2005 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Mechanicsburg Area School District, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, ST KLER, LERMAN, SOL OS & CALKINS BY Robert A. Lerman, Esquire Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Plaintiffs, vs. MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. Civil Action - Law No. 2004-6350 JURY TRIAL DEMANDED To: Polyclinic Hospital 2601 North Third Street Harrisburg. PA 17110-2098 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Admitting and discharge summaries, consultation reports, x-rays and other diagnostic reports and emergency room records regarding Cindy M. Westra, date of birth: 11111167. at Griffith Strickler Lerman. Solymos & Calkins 110 S. Northern Way. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Way. York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Mechanicsburg Area School District BY THE COURT DATE: Seal of Court Prothonotary 1 Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: George Kunkel MD East Shore Medical Center. 2405 Lingelstown Road. Harrisburg. PA 17110 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11167. at Griffith Strickler Lerman. Solymos & Calkins. 110 S. Northern Way. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way. York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant- echanicsbufo Area School District BY THE COURT DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN W ESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THIN, FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Robert Kantor. MD. Brady Hall. South Front Street Harrisburg PA 17101 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests andlor reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11111167. at Griffith Strickler. Lerman Solvmos & Calkins 110 S Northern Wav York PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Wav York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsburg Area School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THIN, FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Tristan Associates. 4518 Union Deposit Road. Harrisbura. PA 17111 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11111167. at Griffith. Strickler. Lerman. Solvmos & Calkins. 110 S Northern Wav York PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Way, York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsbur_q Area School District BY THE COURT DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN W ESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Joyner Sports Medicine Institute. Camp Hill Center. 3438 Trindle Road Camp Hill. PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11111/67. at Griffith Strickler Lerman Solymos & Calkins 110 S. Northern Way. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER LERMAN. SOLYMOS & CALKINS 110 South Northern Way. York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Mechanicsburo Area School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Susquehanna Valley Surgery Center, 4310 Londonderry Road. Suite #1 Harrisburg. PA 17109 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11/67. at Griffith Strickler Lerman Soivmos & Calkins 110 S. Northern Way. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERTA. LERMAN. ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Way. York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsburg Area School District BY THE COURT: DATE: Seal of Court Prothonotary/ Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Plaintiffs, Civil Action - Law vs. MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. No. 2004-6350 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Grandview Surgical and Laser Center Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11(11(67. at Griffith. Strickler. Lerman, Solvmos & Calkins. 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way. York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Mechanicsburq Area School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. JURY TRIAL DEMANDED To: HanaedTeufel Prosethetics Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11/67. at Griffith. Strickler Lerman. Solymos & Calkins. 110 S. Northern Way. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER. LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, MechaniesburrLArea School District BY THE COURT DATE: Seal of Court Prothonotary ! Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN W ESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. JURY TRIAL DEMANDED To: Drexel Neurological Associates Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to Cindy M. Westra, date of birth: 11/11/67. at Griffith. Strickler. Lerman. Solymos & Calkins. 110 S. Northern Way. York. PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with ft. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Way. York, PA 17402 TELEPHONE: (7171757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. MechanicsburcLAres School District BY THE COURT DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE ^-. AND NOW, this day of June, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intent to Subpoena Records, by United States Mail, addressed to the party or attomey of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3'd Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, ST KLER, LERMAN, SOL OS & CALKJNS BY Robert A. Lerman, Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Peter M. Good, Esquire, hereby waive the twenty (20) day Notice of intent to Serve Subpoenas pursuant to 4009.22. I further have no objection to the Defendant serving the Subpoenas listed below, upon the filing of this Waiver. 1. Polyclinic Hospital 2. George Kunkel, MD, East Shore Medical Center 3. Robert Kantor, MD 4. Tristan Associates 5. Joyner Sports Medicine Institute 6. Hahnemann University Hospital 7. Susquehanna Valley Surgery Center 8. Grandview Surgical and Laser Center 9. Hanger(Teufel Prosthetics 10. Drexel Neurological Associates Dated: v 4 r Peter M. Good, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22"d day of June, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3`d Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY Robert A. Lerman, Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 klr/mechanicsb urg-certi ficatepre < N ? r1l D3 G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER LERM SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Supplemental Response of Defendant Mechanicsburg Area School District to Plaintiffs' Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3rd Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, VRICKLER SOLYMO CALKINS By: Robert A. Lerman, Suprem('ourt ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 pfhlmechanicsburg-srrpd a ? y un G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Plaintiffs, vs. MECHANICSBURG AREA SCHOOL DISTRICT, : Defendant. Civil Action - Law No. 2004-6350 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Mechanicsburg Area School District, certifies that: 1) A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate, (3) No objections to the Subpoenas have been received and a copy of a Waiver of the notice period signed by Plaintiffs' counsel is also attached hereto; and (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH ,49TRICKLER, LERMAN, S YMOS & CALKINS r BY &??? Robert A. Lerman, Supreme Court #07490 Attorney for Defendant, Mechanicsburg Area School District 110 South Northern Way York, PA 17402-3737 Date: OoI6? (717) 757-7602 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Mechanicsburg Area School District, intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena may be served. GRIFFITH, S RICKLER, LERMAN, SOL MOS & CALKINS BY i. Robert A. Lerman, Esgftife ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 (717) 757-7602 Date: October *, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Capital Blue Cross/Pennsylvania Blue Shield P.O. Box 774611, Harrisburg, PA 17177 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete file pertaining to Cindy M. Westra, date of birth: 11/11167, Capital Blue Cross/PA Blue Shield ID No. QAF161525010 and Group No. 003797000 AND Capital Blue Cross Policy ID No. YWP16152501001 and Group No. 005051360000, including but not limited to claims submitted, benefits paid from January, 2002 up to and including the present. at Griffith Strickler Lerman Solymos & Calkins 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Mechanicsburg Area School District BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this Ath day of October, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intent to Subpoena Records, by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3rd Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH,'9TRICKLER, LERMAN, ,,LYMOS & CAL S SO BY Robert A. Lerman, ID Ni?07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE A SUBPOENA I, Darryl J. Liguori, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of Intent to Serve Subpoena pursuant to 4009.22. I further have no objection the Defendant serving the Subpoena directed to Capital Blue Cross/Pennsylvania Blue Shield upon the filing of this Waiver. Dated: IU ' I US , Darryl J. Liguori, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED t CERTIFICATE OF SERVICE AND NOW, this l t d y of 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Darryl J. Liguori, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3`d Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, ICKLER, LERMAN, SO MOS & C A L K I N BY n Robert A. Lerman, Supreme Co,drt IDZV'o. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 ras/mechanicsburg-certificatepre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 28`h day of February, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, MECHANICSBURG AREA SCHOOL DISTRICT, TO PLAINTIFFS, SET NO. 1, as by United States Mail, addressed to the party or attorney of record as follows: Darryl J. Liguori, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3`1 Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITHIRICKLER, LERMAN, SOL OS & CALKINS./ BY: ?4/Z Uv? -r Robert A. Lerman, Esquire Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402 (717) 757-7602 klr/mechanicsburg-int2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this L" d"ay of July, 2006, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that l have this date served a copy of the REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, MECHANICSBURG AREA SCHOOL DISTRICT, TO PLAINTIFFS, SET NO. 3, as by facsimile and United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Darryl J. Liguori, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3rd Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, CKLER, LERMAN, SOL OS & CALKIN BY: Robert A. Lerman, Esquire/ Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402 (717) 757-7602 mechanicsburg-rfpd3.vds IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Plaintiffs, Civil Action - Law VS. MECHANICSBURG AREA SCHOOL DISTRICT, : Defendant. No. 2004-6350 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Mechanicsburg Area School District, certifies that: 1) A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) No objections to the Subpoena has been received; and (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. LERMAN, BY ` V ? R ert A. Lerman, Supreme urt #07490 Attorney for Defendant, Mechanicsburg Area School District 110 South Northern Way York, PA 17402-3737 Date: July 26, 2006 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, : JURY TRIAL Defendant. DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Mechanicsburg Area School District, intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena may be served. LERMAN, BY Robert A. Lerman, Esquir6T ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 (717) 757-7602 Date: March 22, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, vs. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Melissa Seachrist R.H Holsberg & Company, 2405 Park Dr #204 Harrisburg PA 17110-9313 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: All Schedule Cs, profit and loss statements, work papers, schedules and all data and documentation supporting the Schedule Cs for Cindy Westra's self-employed business known as Mary Kay Cosmetics and Cindy Westra's self-employment jewelry business known as Bijoux for the years 2000, 2001, 2002, 2003, 2004 and 2005 when prepared. at Griffith. Strickler. Lerman. Solvmos & Calkins. 110 S. Northern Wav York PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER. LERMAN. SOLYMOS & CALKINS 110 South Northern Way, York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Mechanicsburg Area School District BY THE COURT DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: JURY TRIAL Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22nd day of March, 2006, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intent to Subpoena Records, by United States Mail, addressed to the party or attorney of record as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3rd Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, S WKLER, LERMAN SOL S & CALKINS BY Robert A. Lerman, ID No. 07490 -4" Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., Civil Action - Law Plaintiffs, VS. No. 2004-6350 MECHANICSBURG AREA SCHOOL DISTRICT,: JURY TRIAL Defendant. DEMANDED C g RTIFICATE OF SERVICE AND NOW, this day of July, 2006, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of a Subpoena by United States Mail, addressed to the party or attorney of record as follows: Darryl J. Liguori, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 N. Front Street, 3d Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, S YMOS & C°AALLKIN BY TYobert A. Lerman, Supreme Court ID No. 07490 Attorney for Defendant, Mechanicsburg Area School District 110 S. Northern Way York, PA 17402-3737 (717) 757-7602 klr/mechanicsburg-certificatepre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY M. AND KEVIN WESTRA, D.O., CIVIL ACTION - LAW Plaintiffs, V. MECHANICSBURG AREA SCHOOL DISTRICT Defendant. NO. 2004-6350 JURY TRIAL DEMANDED PRAECIPE TO: PROTHONOTARY Please mark the docket in the above-captioned matter discontinued and ended. SMIGE RSON & SACKS, LLP By: Peter M. ood, Esquire ID #64316 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiffs Date: January 2, 2008 CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, hereby certify that I have served a true and correct copy of the Praecipe upon the parties as addressed below by depositing the same in the U.S. Mail, first class, postage prepaid on this 2nd day of January, 2008 as addressed below: Robert Lerman, Esquire Law Offices of Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Attorney for Defendant SMIGEL, ANDERSON & SACKS, LLP By: Peter M. Good, I.D. #64316 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorney for Plaintiffs o 0 . ; _,? rrt ?; GO