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HomeMy WebLinkAbout04-6460ALLAN M. HORWITZ & ASSOCIATES BY: EDWARD L. McCANDLESS, ESQUIRE Attorney ID. 21240 222 E. Lincoln Highway Coatesville, PA 19320 (610) 384-3111 Attorney for Plaintiff HANA GANIC : IN THE COURT OF COMMON PLEAS 536 Second Street Carlisle, PA 17013 : CUMBERLAND COUNTY, PENNSYLVANIA v. COLLEGE PARK APARTMENTS 525 Third Street Carlisle, PA 17013 and COLLEGE PARK (PA) 525 Third Street Carlisle, PA 17013 and COLLEGE PARK APARTMENTS, a Limited Partnership 525 Third Street Carlisle, PA 17013 : CIVIL ACTION - LAW :NO. Qy-040 COMPLAINT NOTICE 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 AN 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 OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ALLAN M. HORWITZ & ASSOCIATES BY: EDWARD L. McCANDLESS, ESQUIRE Attorney ID. 21240 222 E. Lincoln Highway Coatesville, PA 19320 (610) 384-3111 Attorney for Plaintiff HANA GANIC : IN THE COURT OF COMMON PLEAS 536 Second Street Carlisle, PA 17013 : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COLLEGE PARK APARTMENTS : NO. 525 Third Street Carlisle, PA 17013 and COLLEGE PARK (PA) 525 Third Street Carlisle, PA 17013 and COLLEGE PARK APARTMENTS, a Limited Partnership 525 Third Street Carlisle, PA 17013 COMPLAINT 1. Plaintiff is an adult individual. 2. On February 23, 2003, Plaintiff was a tenant, under lease, of a unit within the apartment community known as College Park Apartments in Carlisle, Pennsylvania. 3. On February 23, 2003, College Park Apartments was the owner of the apartment community known as College Park Apartments in Carlisle, Pennsylvania. 4, On February 23, 2003, College Park (PA) was the owner of the apartment community known as College Park Apartments in Carlisle, Pennsylvania. 5. On February 23, 2003, College Park Apartments, a Limited Partnership was the owner of the apartment community known as College Park Apartments in Carlisle, Pennsylvania. 6. On February 23, 2003, the Plaintiff was walking on a sidewalk at the College Park Apartments in Carlisle, PA between Second and Third Street when she fell on ice and snow that had accumulated on that sidewalk in hills and ridges making it impassable for pedestrians because melted snow froze at night over walkways that were previously cleared. 7. The sidewalk on which the Plaintiff fell was a portion of the property, and therefore the responsibility of the owner, of the College Park Apartments. 8. As a result of falling on the ice as aforesaid, Plaintiff suffered an injury to the right knee and leg and also injured her back. 9. As a result of the fall on the ice on February 23, 2003, Plaintiff was treated by physicians and surgeons incurring medical bills totaling approximately $18,000. 10. As a result of falling on the ice and becoming injured, Plaintiff was rendered sick, sore, lame and disabled and unable to attend to her usual activities and occupation, resulting in a loss in earnings and earning capacity. 11. Plaintiff's injuries may have permanent consequences for her and alter the balance of her life. 12. Plaintiff's fall on the ice and the consequent injuries were caused by the negligence of the owner of the College Park Apartments which negligence consisted of the following: a) allowing ice to accumulate on the sidewalk; b) failing to treat recurrent icing that formed on once clear sidewalks thereby making them dangerous; c) failing to provide its tenant, Hana Ganic, with a safe means of ingress and egress to her individual apartment and other common facilities she was entitled to use as a tenant; d) improperly placing snow that had been removed from sidewalks or improperly piling it or improperly providing sufficient width of clearance so that any daytime melting snow would not re-freeze on sidewalks and make them hazardous to walk upon. WHEREFORE, Plaintiff demands judgment in herfavorand against the Defendants, one or more of them, in an amount in excess of the amount requiring referral to arbitration. ALLAN M. HORWITZ & ASSOCIATES By: ?,'rARD "E[ L. McCANDLESS, ESQUIRE Attorney for Plaintiff VERIFICATION I, Hana Ganic, verify that I am the Plaintiff in the foregoing Complaint; and that the facts contained therein are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ) Z I Z ?. C7 H G n G r G I C Hana Ganic a !V 7t 3 2 0 ALLAN M. HORWITZ & ASSOCIATES BY: EDWARD L. McCANDLESS, ESQUIRE Attorney ID. 21240 222 E. Lincoln Highway Coatesville, PA 19320 (610) 384-3111 Attorney for Plaintiff HANA GANIC 536 Second Street Carlisle, PA 17013 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. COLLEGE PARK APARTMENT 525 Third Street Carlisle, PA 17013 and COLLEGE PARK (PA) 525 Third Street Carlisle, PA 17013 and COLLEGE PARK APARTMENTS, a Limited Partnership 525 Third Street Carlisle, PA 17013 : CIVIL ACTION - LAW : NO. 0 ""t --- ?e C?&n PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Pennsylvania Rule of Civil Procedure 4009, Plaintiff herein hereby requests that Defendants produce the documents set forth hereinafter, which are in the possession, custody or control of the party upon whom this request is served, for the purpose of inspection and copying at the office of Allan M. Horwitz, Esquire, 222 East Lincoln Highway, Coatesville, Pennsylvania, within thirty (30) days, and in lieu of appearing in the office of the undersigned, you may submit true, correct and legible copies of the requested items. The following documents are requested: 1. All statements of parties and witnesses pertaining to the accident involved in this suit, its subject matter and the conditions or circumstances surrounding that accident. 2. All photographs of the scene of the accident, the involved vehicles, equipment or machinery. 3. All maps, diagrams or drawings depicting the scene of the accident involved in this suit. 4. All accident or incident reports and related documents pertaining to the accident involved in this suit. 5. All bills, reports and records of services or goods provided to the responding party for repair services relating to any damage allegedly sustained as a result of the cause of action alleged in this litigation whether or not specific claims are being made for damages related thereto. 6. All reports of investigation, surveillance, and other materials assembled or prepared in anticipation of litigation or in preparation for trial within the scope of permissible discovery as set forth in Pa. R.C.P. 4003.1, 4003.2, 4003.3, and 4003.4. 7. All index reports obtained referable to the Plaintiff herein. 8. All logs or records pertaining to complaints, maintenance requests and ice or snow removal requests or complaints received from tenants at the College Park Apartments during the months of January 2003 and February 2003. 9. All contracts pertaining to ice and snow services to be performed at the College Park Apartments during the month of February 2003. 10. All grounds, parking lot, ice and snow inspection records for the months of January 2003 and February 2003. 11. All records pertaining to acceptance for payment of services rendered by snow and ice service contractors for work done at the College Park Apartments during the months of January 2003 and February 2003. 12. All records pertaining to the selection of ice and snow service contractors, bids and proposals for contracts or services to be performed at the College Park Apartments during the month of February 2003. 13. All specifications provided to ice and snow service contractors or agreed upon with ice and snow service contractors for services to be performed at the College Park Apartments during the month of February 2003. 14. All records of investigation of report of incident involving a fall in ice and snow by Hana Ganic which incident occurred on February 23, 2003. 15. All billings received or submitted with respect to contractor services provided by snow/ice moving, removal or treatment service contractors for the months of January 2003 and February 2003. ALLAN M. HORWITZ & ASSOCIATES By: `?- ,-?ARD L. McCANDLESS, ESQUIRE Attorney for Plaintiff ' ?..., r, - :, _._ ,, _{ ? ?-, , ?,? ' r?? A } ?? ,.' ALLAN M. HORWITZ & ASSOCIATES BY: EDWARD L. McCANDLESS, ESQUIRE Attorney ID. 21240 222 E. Lincoln Highway Coatesville, PA 19320 (610) 384-3111 Attorney for Plaintiff HANA GANIC 536 Second Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. COLLEGE PARK APARTMENT 525 Third Street Carlisle, PA 17013 and COLLEGE PARK (PA) 525 Third Street Carlisle, PA 17013 and COLLEGE PARK APARTMENTS, a Limited Partnership 525 Third Street Carlisle, PA 17013 CIVIL ACTION - LAW : NO. 4,9U(--- 6, Y66 INTERROGATORIES ADDRESSED TO DEFENDANTS The Plaintiff in the above action hereby makes demand that Defendants answer the following Interrogatories under oath within thirty (30) days pursuant to Rules 4005 and 4006 of the Pennsylvania Rules of Civil Procedure. These Interrogatories shall be deemed continuing so as to require further and additional answers up to the time of trial if additional and subsequent information is obtained by Defendants. 1. What is the name, last known address, current employer, employer as of February 23, 2003 and job title as of February 23, 2003 of each person employed by the ownership or management of the College Park Apartments in February 2003 whose job responsibilities included any one or more of the following functions at any time during the months of January 2003 and February 2003: a) general inspection of the premises of the College Park Apartments; b) inspection of the College Park Apartments for the purpose of determining any need to assign work to move, remove or treat ice or snow; c) was regarded as the general manager of the College Park Apartments; d) determined the acceptability of work performed by the contractor(s) who provided ice or snow moving, removal or treatment services for purposes of authorizing payment or requesting additional services; e) who determined whether ice and snow moving, removal or treatment services by contractors would be requested; f) who determined the specifications or criteria for ice and snow moving, removal or treatment services by contractors; g) who can testify about the condition of the sidewalk with respect to the presence of ice or snow at the location where Hana Ganic fell at the College Park Apartments on February 23, 2003; h) who last observed the condition of the sidewalk in the area where Hana Ganic allegedly fell at 6:00 p.m. on February 23, 2003 before she fell; 1) who first inspected the area of the sidewalk where Hana Ganic allegedly fell at 6:00 p.m. on February 23, 203 after she fell. 2. Please identify all employees of the ownership or management of College Park Apartments who did any work to move, remove, shovel, plow, chemically treat or treat with the application of friction materials any portion of the premises of the College Park Apartments during the winter season for snow/ice or frozen precipitation from October 2002 through March 2003. 3. Please identify all contractors of the ownership or management of College Park Apartments who did any work to move, remove, shovel, plow, chemically treat or treat with the application of friction materials any portion of the premises of the College Park Apartments during the winter season for snow/ice or frozen precipitation from October 2002 through March 2003. 4. During the snow and ice season from November 2002 to March 2003, did the services provided by contractors with respect to snow and ice at any time not satisfy the specifications or criteria, in any respect, including timeliness of service, established for the College Park Apartments during that period of time and if so, please state the date of each such occurrence, the nature of each such occurrence, how it was addressed to correct conditions at the College Park Apartments and how it was addressed to correct future services. ALLAN M. HORWITZ & ASSOCIATES By: E ARD L. McCANDLESS, ESQUIRE Attorney for Plaintiff r..., ?,..,> _.., ,_ .1 r-- ,. _. ?; .. r?- -i - ,; r? ?-? .?' ? 1. `. ? -? I r?. ?,T ?. ". , :., .. , C? MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Identification No.: 84020 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 0320.0113 Attorney for Defendant(s), COLLEGE PARK (PA), COLLEGE PARK APARTMENTS, COLLEGE PARK APARTMENTS, a Limited Partnership HANA GAMIC, COURT OF COMMON PLEAS Cumberland County vs. COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, a Limited Partnership, No. 04-6460 ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant(s), COLLEGE PARK (PA), COLLEGE PARK APARTMENTS, COLLEGE PARK APARTMENTS, a Limited Partnership, in the within action. Defendant(s) hereby demands a jury trial in this matter. Jury of twelve with alternates, demanded. MINTZER, SAROOOWWWIITZ, ZERIS, LEDVA&y1 r- BY: ROBERT D. PHILLIPS, ESQUIRE Attorney for Defendant(s), COLLEGE PARK (PA), COLLEGE PARK APARTMENTS, COLLEGE PARK APARTMENTS, a Limited Partnership MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Identification No.: 84020 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT WILL BE ENTERED AGAINST YOU. TTTORI?V FOP 0 /DEFENDANTS Attorney for Defendant(s), COLLEGE PARK APARTMENTS COLLEGE PARK (PA) 0320.0113 COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP HANA GANIC vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, No. 04-6460 A LIMITED PARTNERSHIP DEFENDANTS' ANS WER TO PLAINTIFF'S COMPLAINT Denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. Admitted. Denied. College Park, L.P. was the owner of the property, doing business as College Park Apartments. 4. Denied. College Park, L.P. was the owner of the property, doing business as College Park Apartments. 5. Denied. College Park, L.P. was the owner of the property, doing business as College Park Apartments. 6. Denied. The allegations contained in the aforesaid paragraph are mere conclusions of law to which no responsive pleading is required and accordingly, they are deemed denied. Any allegations with respect to negligence or other wrongdoing on the part of answering defendant is denied. By way of further answer, denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. Denied. The allegations contained in the aforesaid paragraph are mere conclusions of law to which no responsive pleading is required and accordingly, they are deemed denied. Any allegations with respect to negligence or other wrongdoing on the part of answering defendant is denied. 8. Denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 9. Denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 10. Denied. The allegations contained in the aforesaid paragraph are mere conclusions of law to which no responsive pleading is required and accordingly, they are deemed denied. Any allegations with respect to negligence or other wrongdoing on the part of answering defendant is denied. By way of further answer, denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 11. Denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 12. (a-d) Denied. It is specifically denied that answering defendants allowed ice to accumulate, failed to treat recurred ice, failed to provide its tenet with a safe means of egress or ingress or improperly piled snow and/or ice. To the contrary, answering defendants acted at all times reasonably and prudently, and it was the careless and inattention of plaintiff that caused the injuries, if any. NEW MATTER DIRECTED TO PLAAWTIFF Plaintiffs Complaint fails to state a cause of action upon which relief may be granted. 2. Plaintiffs Complaint is barred by the applicable statute of limitations. Plaintiffs action is barred and/or limited by the Pennsylvania Comparative Negligence Act. Plaintiffs claim is barred and/or limited by the assumption of the risk. 5. Plaintiff has not perfected service on answering defendant. 6. Service was improperly performed on answering defendant. 7. Plaintiff's injuries or damages, said injuries and damages being specifically denied, were caused by the acts or omissions of the plaintiff or those of third parties over whom answering defendant had no control. If there is a judicial determination that Pa.R.C.P. 238 is constitutional, said constitutionality being expressly challenged, then liability for any interest imposed by the rules should be suspended during the period of time that plaintiff failed to convey to defendant, a settlement demand figure and/or delayed in responding to discovery requests or in any other delay which suspended the commencement and progression of trial. MINTZER, SAROWI TZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Attorney for DeiFendant(s): COLLEGE PARKAPARTMENTS COLLEGE PARK (PA) COLLEGE PARK APARTMENTS, A Limited Partnership 2a21.wpd VERIFICATION The averments or denials of facts contained in the foregoing are true, based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are consistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. R ERT D. PHILLIPS, ESQUIRE ??'? ??? Dated: ? V` ?? ^? ...5 ?? ^O -..-r N s MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Identification No.: 84020 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 0320.0113 HANA GANIC VS. COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUTMENT WILL BE ENPEFED AGAINST YOU. ATTORNEY FOR DEFENDANTS Attorney for Defendant(s), COLLEGE PARK APARTMENTS COLLEGE PARK (PA) COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 04-6460 DEFENDANTS' AMENDED ANSWER TO PLAINTIFF'S COMPLAINT Denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiff's Complaint and strict proof thereof is demanded at the time of trial if material. Admitted. Denied. College Park Apartments, L.P. was the owner of the property, doing business as College Park Apartments Apartments. 4. Denied. College Park Apartments, L.P. was the owner of the property, doing business as College Park Apartments. 5. Denied. College Park Apartments, L.P. was the owner of the property, doing business as College Park Apartments. Denied. The allegations contained in the aforesaid paragraph are mere conclusions of law to which no responsive pleading is required and accordingly, they are deemed denied. Any allegations with respect to negligence or other wrongdoing on the part of answering defendant is denied. By way of further answer, denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 4. Denied. The allegations contained in the aforesaid paragraph are mere conclusions of taw to which no responsive pleading is required and accordingly, they are deemed denied. Any allegations with respect to negligence or other wrongdoing on the part of answering defendant is denied. 5. Denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 9. Denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 10. Denied. The allegations contained in the aforesaid paragraph are mere conclusions of law to which no responsive pleading is required and accordingly, they are deemed denied. Any allegations with respect to negligence or other wrongdoing on the part of answering defendant is denied. By way of further answer, denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 11. Denied. Answering defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the plaintiffs Complaint and strict proof thereof is demanded at the time of trial if material. 12. (a-d) Denied. It is specifically denied that answering defendants allowed ice to accumulate, failed to treat recurred ice, failed to provide its tenet with a safe means of egress or ingress or improperly piled snow and/or ice. To the contrary, answering defendants acted at all times reasonably and prudently, and it was the careless and inattention of plaintiff that caused the injuries, if any. NEW MATTER DIRECTED TO PLAINTIFF Plaintiffs Complaint fails to state a cause of action upon which relief may be granted. 2. Plaintiffs Complaint is barred by the applicable statute of limitations. 3. Plaintiffs action is barred and/or limited by the Pennsylvania Comparative Negligence Act. Plaintiffs claim is barred and/or limited by the assumption of the risk. Plaintiff has not perfected service on answering defendant. Service was improperly performed on answering defendant. Plaintiff's injuries or damages, said injuries and damages being specifically denied, were caused by the acts or omissions of the plaintiff or those of third parties over whom answering defendant had no control. If there is a judicial determination that Pa.R.C.P. 238 is constitutional, said constitutionality being expressly challenged, then liability for any interest imposed by the rules should be suspended during the period of time that plaintiff failed to convey to defendant, a settlement demand figure and/or delayed in responding to discovery requests or in any other delay which suspended the commencement and progression of trial. MINTZER, SAROWITZ, ZERIS, LED VA & MEYERS i? BY: ROBERT D. PHILLIPS, ESQUIRE Attorney for Defendant(s): COLLEGE PARK APARTMENTS COLLEGE PARK (PA) COLLEGE PARK APARTMENTS, A Limited Partnership 2421.wpd VERIFICATION The averments or denials of facts contained in the foregoing are true, based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are consistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ROBE TT D. PHILLIPS, ESQUIRE Dated: ?l T? ALLAN M. HORWITZ & ASSOCIATES BY: EDWARD L. McCANDLESS, ESQUIRE Attorney ID. 21240 222 E. Lincoln Highway Coatesville, PA 19320 (610) 384-3111 Attorney for Plaintiff HANA GANIC V. COLLEGE PARK APARTMENT, COLLEGE PARK (PA) and COLLEGE PARK APARTMENTS, a Limited Partnership IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-06460 P PLAINTIFF'S REPLY TO NEW MATTER 1-8. Denied as conclusions of law only. WHEREFORE, Plaintiff demandsjudgment in herfavor and againstthe Defendants as prayed for in the Complaint. ALLAN M. HORWITZ & ASSOCIATES By: ED RD L. McCANDLESS, ESQUIRE Attorney for Plaintiff VERIFICATION I, EDWARD L. McCANDLESS, ESQUIRE, verify that I am the attorney for the Plaintiff in the foregoing Plaintiff's Reply to New Matter; and that based on the information provided to me by Plaintiff, the facts contained therein are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 I Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ( -? q(vS Edward-f- McCandless, Esquire Attorney for Plaintiff VA N a ALLAN M. HORWITZ & ASSOCIATES BY: EDWARD L. McCANDLESS, ESQUIRE Attorney ID. 21240 222 E. Lincoln Highway Coatesville, PA 19320 (610) 384-3111 Attorney for Plaintiff HANA GANIC V. COLLEGE PARK APARTMENT, COLLEGE PARK (PA) and COLLEGE PARK APARTMENTS, a Limited Partnership IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-06460 P PLAINTIFF'S REPLY TO DEFENDANTS' AMENDED ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1-8. Denied as legal conclusions only or otherwise not requiring any reply in accordance with the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff demands judgment in herfavorand againstthe Defendants. ALLAN M. HORWITZ & ASSOCIATES By. EDW? Lam. MMccCANDLESS, ESQUIRE Attefney for Plaintiff VERIFICATION I, EDWARD L. McCANDLESS, ESQUIRE, verify that I am the attorney for the Plaintiff in the foregoing Plaintiff's Reply to Defendants' Amended Answer to Plaintiff's Complaint With New Matter; and that based on the information provided to me by Plaintiff, the facts contained therein are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Edwarclt: McCandless, Esquire Attorney for Plaintiff CASE NO: 2004-06460 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GANIC HANA VS COLLEGE PARK APARTMENTS ET AL JASON VIROAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLLEGE PARK PA the DEFENDANT at 0917:00 HOURS, on the 3rd day of January , 2005 at 525 THIRD STREET CARLISLE, PA 17013 CAROL VERCHIMAL, MANAGER by handing to a true and attested copy of COMPLAINT & NOTICE INTERROGATORIES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 So Answers: xr R. Thomas Kline 01/05/2005 ALLAN HORWITZ Sworn and Subscribed to before me this ay day of A.D. lam' .r ? i 0?i fro honotary ' By. D p ty Sheriff • 1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-06460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GANIC HANA VS COLLEGE PARK APARTMENTS ET AL JASON VIORAL Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLLEGE PARK APARTMENTS the DEFENDANT , at 0917:00 HOURS, on the 3rd day of January , 2005 at 525 THIRD STREET CARLISLE. PA 17013 CAROL VERCHIMAL, MANAGER Sheriff or Deputy Sheriff of by handing to a true and attested copy of COMPLAINT & NOTICE REQUEST FOR PRODUCTION OF DOCUMENTS INTERROGATORIES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this day of o2(1Z15? A. D. r thonotary So Answers: ???yf^~y r R. Thomas Kline 01/05/2005 ALLAN HORWITZ By. ep ty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-06460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GANIC HANA VS COLLEGE PARK APARTMENTS ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLLEGE PARK APARTMENTS A LIMITED PARTNERSHIP the DEFENDANT , at 0917:00 HOURS, on the 3rd day of January 2005 at 525 THIRD STREET CARLISLE, PA 17013 CAROL VERCHIMAL, MANAGER by handing to a true and attested copy of COMPLAINT & NOTICE REQUEST FOR PRODUCTION OF DOCUMENTS INTERROGATORIES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2 y w day of ?S A. D. othonotary So Answers: n R. Thomas Kline 01/05/2005 ALLAN HORWITZ By ep ty Sheriff f MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Attorney ID. 84020 22n° Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 0320.0113 HANA GANIC V. COLLEGE PARK APARTMENT; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, a Limited Partnership Attorney for Defendant COLLEGE PARK AP TMENTS COLLEGE PART (PA) COLLEGE PART AP TMENTS, A LIMITED PARTNERS IP IN THE COURT OF CO CUMBERLAND COUNTY, NO. 04-6460 STIPULATION It is hereby agreed between the parties that Defendants' of the Complaint, as found in the Amended Answer is changed to " ALLAN M. HORWITZ & ASSOCIATES By: EDWARD L. McCANDLESS, ESQUIRE Attorney for Plaintiff MINTZER, S & MEYERS, i By: PLEAS VANIA to paragraph #5 ZERIS, LEDVA ROBERT D. PHILLI, ESQUIRE Attorney for Defend is c? ?? a C?' <,^ .ter =t ?„?, ? ? sm E; t: ? 'CJ ??c. ? ? ^1 ?. N_9 i ` .[1 ',?' C ' ? _?_ ?? ?)` 7 ?, ? r -,'S l CS' MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Identification No.: 84020 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 File No. 0320.0113 HANA GANIC Attorney for Defendant(s), INSURED COURT OF COMMON PLl CUMBERLAND COUNTY vs. COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP No. 04-6460 CERTIFICATE PREREQUISITE TO SERVICE OFA SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant I o Rule 4009.22, defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena at ached thereto was mailed or delivered to each party at least twenty days prio 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 atta hed to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which ?s attached to the notice of intent to serve the subpoena. Dated: March 28, 2005 MINTZER, SAROWITZ, ZERIS, LEDVA BY: ROBEW Attorney 9a16.,+pd MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Identification No.: 84020 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 0320.0113 HANA GANIC VS. COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP Attorney for Defendant(s), INSURED COURT OF COMMON PLl CUMBERLAND COUNTY No. 04-6460 AND THINGS FOR DISCO VER Y PURSUANT TO RULE 9009.21 To: Edward L. McCandless, Esquire: Defendant, intends to serve a subpoena(s) identical to the one thatis/are Notice. You have twenty (20) days from the date listed below in which to file of I upon the undersigned an objection to the subpoena(s). If no objection is made the s be served. Dated: March 15, 2005 MINTZER, SAROWITZ, ZERIS, LEDVA BY: Attorney for Defendant(s): ed to this and serve na(s) may MEYERS 8o2e.wpd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HANA GANIC FileNo 04-6460 . VS COLLEGE PARK APARTMENTS; COLLEGE PARK(PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:CARLISLE REGIONAL MEDICAL CENTER c/0 Film depar (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the co, following documents or things: nt: to produce the 536 Second St., Carlisle, PA; DOB: 1/22/1965; SS#1178-78-6078 at Mintzer, §arowitz, Zeris, Ledva & Meyers 15281walnut St. (Address) You may deliver or mail legible copies of the documents or produce t subpoena, together with the certificate of compliance, to the party making this regi above. You have the right to seek in advance the reasonable cost of preparing the things sought. If you fail to produce the documents or things required by this subpoena after its service, the party serving this subpoena may seek a court order compelling THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE NAME: ROBERT D. PHILLIPS, ESQUIRE ADDRESS: 1528 walnut Street, 22nd Floor Philadelphia, PA 19102 TELEPHONE: 21 35-7200 SUPREME COURTID# 84020 ATTORNEY FOR: DEFENDANTS BY ;s requested by this at the address listed ies or producing the ¢n twenty (20) days to comply with it. PERSON: Date: yn? L..??-(_ a/'1(1$ Seal of the Couu t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANA GANIC ' File No. 04-6460 OLLEGE PARK APARTMENTS; OLLEGE PARK(PA); COLLEGE kRK APARTMENTS, A LIMITED kRTNERSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:CARLISLE REGIONAL MEDICAL CENTER c/o Billing Depart t ent: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to pr duce the following documents or things: Any and all billing records pertaining to: HANA GAN C; 536 Second St., Carlisle, PA; DOB: 1/22/1965; SS# 178-- 8-607 at Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 walnut t., 2 Floor (Address) You may deliver or mail legible copies of the documents or produce things requeste by this subpoena, together with the certificate of compliance, to the party making this request at the ad ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or pro icing 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 ith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSO NAME: ROBERT D. PHILLIPS, ESQUIRE ADDRESS: 1528 Walnut Street, 22nd Floor Philadelphia, PA 19102 TELEPHONE: - SUPREME COURT ID # ATTORNEY FOR: DEFENDANTS _ BY THE CO T: Proth. otary, vision Date: N Z2 Z2 f ?2 q Seal of the Court D eputy P1 Pi 8. 2nd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND %NA GANIC > File No. 04-6460 )LLEGE PARK APARTMENTS; )LLEGE PARK(PA); COLLEGE %RK APARTMENTS, A LIMITED ?RTNERSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:CARLISLE REGIONAL MEDICAL CENTER c/o Custodian of R ( cords (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to pr oduce the following documents or things: Any and all medical records pertaining to: HANA GANI ; 536 Second St., Carlisle, PA; DOB: 1/22/1965; SS# 178- 8-607 at Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 walnut St., 22nd Flr. (Address) You may deliver or mail legible copies of the documents or produce things requeste by this subpoena, together with the certificate of compliance, to the party making this request at the add ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or prod icing 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 itb it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSO NAME:ROBERT D. PHILLIPS, ESQUIRE ADDRESS: 1528 walnut Street, 22nd Floor Philadelphia, PA 19102 TELEPHONE: (215) 735-7200 SUPREME COURT ID # 84020 ATTORNEY FOR: DEF BY THE COURT Prothonotary, Civi on Date: ,?L/ n&S Seal of the Court' D puty Hi C( C( Pi Pi 8. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANA GANIC 3 File No. 04-6460 OLLEGE PARK APARTMENTS; OLLEGE PARK(PA); COLLEGE ARK APARTMENTS, A LIMITED ARTNERSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL PAIN CLINIC: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to pr duce the following documents or things: Any and all medical and billing records, films ana r ports pertaining to:HANA GANIC; 536 Second St., Carlisle, PA, DOB: 1/22/1965; SS# 178-78-6078. at Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 W n ., 22nd oor (Address) You may deliver or mail legible copies of the documents or produce things his subpoena, together with the certificate of compliance, to the part y making this request at t ted above. You have the right to seek in advance the reasonable cost of preparing the copie the things sought. If you fail to produce the documents or things required by this subpoena within ays after its service, the party serving this subpoena may seek a court order compelling you to . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING NAME:ROBERT D. PHILLIPS, ESQUIRE ADDRESS: 1528 Walnut Street, 22nd F1 Phi lade p ia, p7i 191 C)2 TELEPHONE: -(215)735-7200 SUPREME COURT ID # 84020 ATTORNEY FOR: DEFENDANTS _ BY THE COUR Prothonot, y, Civil D* n Date:/! c) O'$ Seal of the Court eputy H V C C P P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NA GANIC i File No. 0 4 - 6 4 6 0 )LLEGE PARK APARTMENTS; )LLEGE PARK(PA); COLLEGE iRK APARTMENTS, A LIMITED aRTNERSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENN REHAB ASSOCIATES: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to pr duce the following documents or things: Any and all medical and billing records, films and r port: pertaining to: HANA GANIC; 536 Second St., Carlisle, P ; DOB: 1/22/1965; SS# 178-78-6078. at Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 walnut St., 22nd Flr. (Address) You may deliver or mail legible copies of the documents or produce things requeste by this subpoena, together with the certificate of compliance, to the party making this request' at the add above. You have the right to seek in advance the reasonable cost of preparing the copies or pro ess listed cing 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 PERSO T: NAME: ROBERT D PHILLIPS ESQUIRE ADDRESS: 1528 Walnut Street, 22nd Floor Philadelphia, PA 19102 TELEPHONE: 215 735-7200 SUPREME COURT ID # 84020 ATTORNEY FOR: DEFENDANTS _ BY THE COURT: Prothonot , CivilDivisi / Date: /9 2c4 - , Seal of the Court puty V: C( C( P1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND aNA GANIC File No. 04-6460 3 DLLEGE PARK APARTMENTS; DLLEGE PARK (PA); COLLEGE ARK APARTMENTS, A LIMITED ARTNERSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:ALEXANDER SPRING REHAB: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to pr oduce the following documents or things: Any and all medical and billing records, films and r eport; pertaining to: HANA GANIC; 536 Second St., Carlisle, PA ; DOB: 1/22/1965; SS# 178-78-6078. at Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 Walnut St., 22nd Floor (Address) You may deliver or mail legible copies of the documents or produce things request d by this subpoena, together with the certificate of compliance, to the party making this request at the add ess listed above. You have the right to seek in advance the reasonable cost of preparing the copies or pro ucing 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 PERSC N: NAME:ROBERT D. PHILLIPS, ESQUIRE ADDRESS: 1528 walnut Street, 22nd Floor Philadelphia, PA 19102 TELEPHONE: (215) 735-7200 SUPREME COURT ID # 84020 ATTORNEYFOR: DEFENDANTS _ BY THE COURT: a Prothonotary, Civvil Divi Date: Moe- oe- 4 ?y /Yt C Seal of the Court eputy Hi V P. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANA GANIC FileNo.04-6460 3 DLLEGE PARK APARTMENTS; DLLEGE PARK (PA); COLLEGE ARK APARTMENTS, A LIMITED ARTNERSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 409.22 TO: WALNUT BOTTOM RADIOLOGY: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to pt duce the following documents or things: Any and all films and reports pertaining to: HANA NIC X36 Second St., Carlisle, PA; DOB: 1/22/1965; SS# 178-7 8-607; 1 at Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 Walnut St., 22nd Flr. , Philadelphia, (Rddress) PA You may deliver or mail legible copies of the documents or produce things requeste by this subpoena, together with the certificate of compliance, to the parry making this requeste. at the ad ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or prod cing 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 ith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSO NAME:ROBERT D. PHILLIPS, ESQUIRE ADDRESS:152 Walnut Street, 22nd Floor Philadelphia, PA 19102 TELEPHONE: (215) 735-7200 SUPREME COURT ID # 84020 ATTORNEY FOR: DEFENDANTS _ BY THE COURT: Prothonotar ,Civil D' Date: / "L m c _? 166kS L1 . - .. Seal of the Court' D e uty H, V C C P P 3. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HANA GANIC VS File No. 04-6460 COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 40A9,22 TO:DR. MICHAEL OPLINGER: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to following documents or things: the Any and all medical and billing records, films and re orts pertaining to: HANA GANIC; 536 Second St., Carlisle, PA; at Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 Walnut Pt., You may deliver or mail legible copies of the documents or produce things requested subpoena, together with the certificate of compliance, to the party making this request at the addre above. You have the right to seek in advance the reasonable cost of preparing the copies or produ things sought. If you fail to produce the documents or things required by this subpoena within twenty (: after its service, the party serving this subpoena may seek a court order compelling you to comply u THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING NAME:ROBERT D. PHILLIPS, ESQUIRE ADDRESS: 1528 Walnut Street, 22nd Flr., Philadelphia, PA 19102 TELEPHONE: (215) 735-7200 SUPREME COURT ID # 84020 ATTORNEY FOR: DEFENDANTS BY THE COURT: /-,1 Prothonotary, this the days it. Date; J LI4n6S_? Seal of the Co MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Identification No.: 84020 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 0320.0113 HANA GANIC Attorney for Defendant(s), COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP No. 04-6460 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the 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 objection 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. Dated: May 6, 2005 MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBE PHILLIPS, ESQUIRE Attorney for Defendant(s): 16138.wpd MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT D. PHILLIPS, ESQUIRE Identification No.: 84020 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 File No. 0320.0113 HANA GANIC Attorney for Defendant(s), INSURED COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP No. 04-6460 NOTICE OFINTENT TO SERVEA SUBPOENA(S) TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERYPURSUANT TO RULE 4009.21 To: Edward L. McCandless, Esquire: Defendant, intends to serve a subpoena(s) identical to the one that is/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 subpoena(s). If no objection is made the subpoena(s) may be served. Dated: April 18, 2005 MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROB MIT D. PHILLIPS, ESQUIRE Attorney for Defendant(s): INSURED 13109.wpd COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HANA GANIC VS COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, ALIMITED PARTNERSHIP File No. 04-6460 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:DR. BRUCE OLIN BAILEY, MD c/o BMC Family Practice: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical record billing, films and reports pertaining to: HANA GANIC• 536 Second St., Carlisle, PA; OB: 1/22/1965; SS# 178-78-6078. at Mintzer, Harowitz, Zeris, Ledva & Meyers 1528 Walnut St., 22nd Flr., (Address) 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 D. PHILLIPS, ESQUIRE ADDRESS:1528 Walnut Street, 22nd Flr. Philadelphia, PA 19102 TELEPHONE: 215) 735-7200 SUPREME COURT ID # 84020 ATTORNEY FOR: DEFENDANTS Date: ??r??,.?. Seal 6f the Cdurt C. uy -t J -r 2 v r T] MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ROBERT W. SHAW, 111, ESQUIRE Attorney I.D. No. 85788 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 0320.0113 HANA GANIC Attorney for Defendants, COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. COLLEGE PARK APARTMENTS; COLLEGE PARK (PA); COLLEGE PARK APARTMENTS, A LIMITED PARTNERSHIP NO. 04-6460 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. ALLAN M. HORWITZ & ASSOCIATES BY: EDWARD L. MCCANDL ESS, ESQUIRE Attorney for Plaintiff, HANA GANIC a--? `? ? ° t-_ -o .mot i" ' _ ?..??} '1 t ...?-'? __.y k."?7 ? .... 4"'i^" ?' ? ? 4 . Y. ? - , s .C ? +? "