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HomeMy WebLinkAbout13-5109 Supreme CID ennsylvania Cou x om &C�mo Teas For Prothonotary Use Only: T C III Yel'ys Docket No: Cum erland � C011Ilt3' q�1n I3- .S� o O uf - 1 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ❑ Complaint 0 Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Nancy Haubrich Borough of Lemoyne, Pennsylvania T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? 21 Yes ❑ No (check one) ❑✓ outside arbitration limits F N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? ❑ Yes © No i A Name of Plaintiff /Appellant's Attorney: William P. Douglas, Esq. ❑ Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections f Nuisance Dept. of Transportation S ./ Premises Liability ' 8 Statutory Appeal: Other Product Liability (does not include E mass tort) E ] Employment Dispute: Slander/Libel/ Defamation Discrimination C Other: ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: I ❑ MASS TORT Other: ❑ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ❑ Other: ❑ E ectment ❑ Common Law /Statutory Arbitration B Eminent Domain /Condemnation ❑ Declaratory Judgment HGround Rent Mandamus ❑ Landlord/Tenant Dispute HNon-Domestic Relations 8 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal E] Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 /1/2011 E William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 West South Street Carlisle, PA 17013 Telephone (717) 243 -1790 Nancy Haubrich In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 13 -- ,5 /() Civil Term Borough of Lemoyne ,Pennsylvania Civil action law Defendant Jury Trial Demanded c C= -`41 -oz rn CO z m � -,r-:- cf Praecipe to Issue a Writ of Summonsq To: Mr. David Buell, Prothonotary' Dear Mr. Buell: Please issue a .writ of summons against the Borough of Lemoyne, Pennsylvania. William P. Douglas, Attorney for Petition August 29, 2013 �. x##290/ A7 a Commonwealth of Pennsylvania County of Cumberland Nancy Haubrich In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 13 — �/0 � Civil Term Borough of Lemoyne, Pennsylvania Defendant Civil action law Jury Trial Demanded Writ of Summons To: Borough of Lemoyne 510 Herman Avenue Lemoyne, Pennsylvania 17043 You are hereby notified that Nancy Haubrich has brought an action against you. Prothonotary date: August 29, 2013 William P. Douglas, Esq. Douglas Law Office 43 W. South St. Carlisle, PA 17013 717 - 243 -1790 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,tis�±� on,r+tar C,1° .��� �PQ'IGN1J ir'i ' Jody S Smith Chief Deputy .� 7011 SEP 16 P11 2: 49 Richard W Stewart CUMBERLAND COUNTY Solicitor OFFI FT SHERIFF PENNSYLVANIA Nancy Haubrich Case Number vs. Borough of Lemoyne 2013-5109 SHERIFF'S RETURN OF SERVICE 09/12/2013 02:09 PM- Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Robert Ihlein, Boro Manager, who accepted as"Adult Person in Charge"for Borough of Lemoyne at 10 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. 01KIAM CLINE, DEPUTY SHERIFF COST: $46.54 SO ANSWERS, September 13, 2013 R-ONO R ANDERSON, SHERIFF (c)CountySuite Sheriff,TeleosoH,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 135/09 r•., NANCY HAUBRICH, CASE NUMBER: ,-1-3-4-59-- -71 r-�m o -ty m CD F Plaintiff ISSUE NUMBER: >(r)r—c� r- —i Q V. .‹C7 .0 :=1: PLEADING: -C; BOROUGH OF LEMOYNE, ° ' PRAECIPE FOR APPEARANCE , :- Defendant CODE AND CLASSIFICATION: FILED ON BEHALF OF: BOROUGH OF LEMOYNE, Defendant. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa. ID# 77052 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, ) CASE NO: 13-159 ) Plaintiff ) ) v. ) ) BOROUGH OF LEMOYNE, ) ) Defendant ) PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Please enter my appearance on behalf of the Defendant, BOROUGH OF LEMOYNE, in the above-captioned matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: E. RALPH GODFREY ESQUI' Counsel for the Defenda A JURY TRIAL IS DEMANDED BOROUGH OF LEMOYNE CERTIFICATE OF SERVICE That counsel for the Defendant, BOROUGH OF LEMOYNE, hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil It' Procedure, on the Li day of 6c. 1„ , 2013. William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER, P C. BY: E. RALPH ' OD' 1 b IRE Counsel for the De -•. BOROUGH OF LEMOYNE • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Cy 13-510? NANCY HAUBRICH, CASE NUMBER: 13 159 ° -- n, r— y %'[J Plaintiff ISSUE NUMBER: -< —' V. sc) — a PLEADING: BOROUGH OF LEMOYNE, PRAECIPE FOR RULE TO FILE A Defendant COMPLAINT CODE AND CLASSIFICATION: FILED ON BEHALF OF: BOROUGH OF LEMOYNE, Defendant. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa. ID# 77052 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, ) CASE NO: 13-159 ) Plaintiff ) ) v. ) ) BOROUGH OF LEMOYNE, ) ) Defendant ) PRAECIPE FOR RULE TO FILE A COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly issue a Rule upon the Plaintiff, Nancy Haubrich, directing Plaintiff to file a Complaint within twenty (20) days of the service of the Rule or suffer the entry of a judgment of non pros. CIPRIANI & WERNER, P.C. BY: E. RALPH GODFREY, ESQUI Counsel for the Defendant, A JURY TRIAL IS DEMANDED BOROUGH OF LEMOYNE RULE TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated: Od.1( D°i3 Prothonotary • CERTIFICATE OF SERVICE That counsel for the Defendant, BOROUGH OF LEMOYNE, hereby certifies that a true and correct copy of its PRAECIPE FOR RULE TO FILE A COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the (-1*` day of , 2013. William P. Douglas,Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: E. RALPH ODF' ? UIRE Counsel for the Defendant, BOROUGH OF LEMOYNE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C) r CIVIL DIVISION w ± aco C) 13-no v � c 9 �y a - t6 NANCY HAUBRICH, CASE NUMBER: -345 -- rte= -II `Y c� Plaintiff ISSUE NUMBER: -yam C� --it _' v. PLEADING: BOROUGH OF LEMOYNE, PRAEC1PE TO FILE CERTIFICATE OF Defendant SERVICE TO PROTHONOTARY'S RULE TO FILE COMPLAINT CODE AND CLASSIFICATION: FILED ON BEHALF OF: BOROUGH OF LEMOYNE, Defendant. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa. ID# 77052 CIPRIANI &WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, ) CASE NO: 13-159 ) Plaintiff ) ) v. ) ) BOROUGH OF LEMOYNE, ) ) Defendant ) PRAECIPE TO FILE CERTIFICATE OF SERVICE TO PROTHONOTARY'S RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly file the attached Certificate of Service evidencing that the Prothonotary's Rule to File Complaint issued on October 7, 2013 has been served upon counsel for the Plaintiff on tiic date indicated therein. CIPRIANI & WERNER, P.C. BY: E. RALPI4 GODFRE 41i UIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED BOROUGH OF LEMOYNE CERTIFICATE OF SERVICE I hereby certify that I have served the Prothonotary's Rule to File Complaint, issued on October 7, 2013, upon counsel for the Plaintiff on the 9th day of October 2013, via certified mail at the following address: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: E. RALPH ODF QUIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED BOROUGH OF LEMOYNE CERTIFICATE OF SERVICE That counsel for the Defendant, BOROUGH OF LEMOYNE, hereby certifies that a true and correct copy of its PRAECIPE TO FILE CERTIFICATE OF SERVICE TO PROTHONOTARY'S RULE TO FILE COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the -1 't day of 6C Az.s ice_ , 2013. William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: _ 1,1 Pall.111%\ E. RALPH GO t FREY, : QUIRE Counsel for the Defendan BOROUGH OF LEMOYN Y .l ., . DOUGLAS LAW OFFICE 43 WEST SOUTH STREET ' - 3 `f'rr , - f'-- WILLIAM P. DOUGLAS,ESQ. CARLISLE PA 17013 ` `� ' Supreme Court I.D.#37926 TELEPHONE 717-243-1790 f n ML_:uEilLr . t f.riti Nancy Haubrich In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 13—5109 Civil Term Borough of Lemoyne, Cumberland County, Pennsylvania. Civil Action—Law Defendant Jury Trial Demanded 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 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 OF FICE 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 32 S.Bedford Street Carlisle PA 17013 717-249-3166 BY Maw, DATE: October 25, 2013 COMPLAINT 1. The plaintiff, Nancy Haubrich, is an adult individual residing at 751 Walton Street, Borough of Lemoyne, Cumberland County, Pennsylvania. 2. The defendant Borough of Lemoyne maintains business offices in the Lemoyne Borough Hall which are located at 510 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. The defendant, Borough of Lemoyne, is located in Cumberland County is a political subdivision of the Commonwealth of Pennsylvania. 4. At all times relevant hereto the aforesaid real property was under the care, custody and control of agents, representatives and employees of the defendant Borough while acting within the course and scope of their employment with the Borough. 5. On or about September 7, 2011, the plaintiff Nancy Haubrich went to the premises of the defendant for the purposes of attending a meeting and as such was a business invitee. 6. After entering the building, the plaintiff proceeded to walk down the hallway open to the public when the plaintiff slipped and fell on an accumulation of water on the floor of the premises and was injured. 7. Due to the negligence of the defendants, the plaintiff Nancy Haubrich, slipped and fell in an area where water was permitted to accumulate on the hallway floor. 8. The defendants were negligent in the following respects; a) in failing to inspect and maintain the real estate to make it safe for the intended use; b) in failing to remove water from the interior entrance hallway floor of which they knew or should have known was present and posed a hazard to the public; c) having knowledge of said hazardous condition, in failing to warn the plaintiff Nancy Haubrich, and others who would traverse said area, of the dangerous and perilous condition; d) in failing to inspect the real property to ascertain that it was safe for public use. 9. As a direct and proximate result of the negligence of the defendant the plaintiff, Nancy Haubrich, was seriously injured. 10. Her injuries include but are not limited to the following: a) Injury to her leg that impairs her ability to ambulate b) Serious impairment of a bodily function. 11. As a result of his injuries the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future, said medical expenses exceed$1,500.00. 12. As a result of her injuries the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 13. As a result of her injuries the plaintiff has incurred aggravation and inconvenience, and a loss of life's pleasures, and will continue to incur the same in the future. 14. As a result of the injuries the plaintiff sustained on September 7, 2011, she was unable to return to her previous employment. As a result of said inability to work she has suffered a loss of wages and future and her earning capacity has been limited. Further, as a direct and proximate result of his injuries the plaintiffs economic horizons may be limited. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff Nancy Haubrich, and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. Respectfully subm. •d, October 25, 2013 � . AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORREC1` TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. William P. Douglas or an T, Haubrich IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ^; -.03 13 -5109 mica _= z rn CD t NANCY HAUBRICH, ) CASE NO:-14-1-59 - ;r' - Plaintiff ) ��'' , ', v. ) JURY TRIAL DEMANDED �" BOROUGH OF LEMOYNE, ) ) Defendant ) DEFENDANT, BOROUGH OF LEMOYNE'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Borough of Lemoyne (hereinafter referred to as "Defendant") by and through its attorneys, Cipriani & Werner, P.C., and files the within Preliminary Objections to Plaintiff's Complaint, as follows: 1. Plaintiff filed a Complaint against Defendant on or about October 25, 2013. (A copy of the Complaint is attached hereto as exhibit"A"). 2. Plaintiff claims that Defendant was negligent and liable for Plaintiff's injuries resulting from a fall that occurred at it's building on or about September 7, 2011. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE THE COMPLAINT 3. Paragraphs one (1)through two (2) are incorporated herein by reference as if fully set forth at length. 4. Pennsylvania Rule of Civil Procedure 1024(c)provides as follows: The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may 1 be made by any person having sufficient knowledge or information and belief and shall set forth the source of his information as to matters not stated upon his own knowledge and the reason why the verification is not made by a party. 5. Plaintiff has failed to attach her signed verification to the Complaint. 6. Nothing has been averred in the verification signed by Plaintiff's counsel that the Plaintiff lacks sufficient knowledge or information, or that she is outside the jurisdiction of the court and that her verification cannot be obtained within the time allowed for filing the pleading. 7. Plaintiff's attorney fails to set forth in the verification the source of his information and the reasons why the verification was not made by the Plaintiff. 8. Plaintiff's Complaint must be stricken and judgment entered in favor of Defendant because of the defective verification. WHEREFORE, for the foregoing reasons, Defendant respectfully requests that its Preliminary Objections be granted and that Plaintiff's Complaint be stricken and judgment be entered in its favor. Respectfully submitted, Date: < ( ,l2-/1'3 E. PH GODFREY ES UIRE Pa. I.D.No: 77052 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 Attorney for the Defendant,Borough of Lemoyne 2 Exhibit A DOUGLAS LAW OFFICE 43 WEST SOUTH STREET 7113 OCT 25 N i°1 1. 20 WILLIAM P.DOUGLAS,ESQ_ CARLISLE PA 17013 Supreme Court I.D.#37926 TELEPHONE 717-243.1790 CUMBER].AND €+tiLITt t PENNSYLVANIA Nancy Haubrich In the Court of Common Pleas of Plaintiff Cumberland County,Pennsylvania vs No.13—5109 Civil Term Borough of Lemoyne,Cumberland County,Pennsylvania. Civil Action-Law Defendant Jury Trial Demanded 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 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 LAWYbk, 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 32 S.Bedford Street Carlisle PA 17013 717-249-3166 BY `, � _ DATE:October 25,2013 TRUE COPY FROM RECORD In Testimony whereof,i hereunto set my hand and the se of said-Ccjert at'�arlisie,Pa. Thisohy of CLEF .,201 Prothonotary C7trQ- COMPLAINT 1. The plaintiff, Nancy Haubrich, is an adult individual residing at 751 Walton Street,Borough of Lemoyne, Cumberland County,Pennsylvania. 2. The defendant Borough of Lemoyne maintains business offices in the Lemoyne Borough Hall which are located at 510 Herman Avenue, Lemoyne, Cumberland County,Pennsylvania. 3. The defendant, Borough of Lemoyne, is located in Cumberland County is a political subdivision of the Commonwealth of Pennsylvania. 4. At all times relevant hereto the aforesaid real property was under the care, custody and control of agents, representatives and employees of the defendant Borough while acting within the course and scope of their employment with the Borough. 5. On or about September 7, 2011, the plaintiff Nancy Haubrich went to the premises of the defendant for the purposes of attending a meeting and as such was a business invitee. 6. After entering the building, the plaintiff proceeded to walk down the hallway open to the public when the plaintiff slipped and fell on an accumulation of water on the floor of the premises and was injured. 7. Due to the negligence of the defendants, the plaintiff Nancy Haubrich, slipped and fell in an area where water was permitted to accumulate on the hallway floor. 8. The defendants were negligent in the following respects; a) in failing to inspect and maintain the real estate to make it safe for the intended use; b) in failing to remove water from the interior entrance hallway floor of which they knew or should have known was present and posed a hazard to the public; c) having knowledge of said hazardous condition, in failing to warn the plaintiff Nancy Haubrich, and others who would traverse said area, of the dangerous and perilous condition; d) in failing to inspect the real property to ascertain that it was safe for public use. 9. As a direct and proximate result of the negligence of the defendant the plaintiff,Nancy Haubrich,was seriously injured. 10. Her injuries include but are not limited to the following: a} Injury to her leg that impairs her ability to ambulate b) Serious impairment of a bodily function. 11. As a result of his injuries the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future, said medical expenses exceed$1,500.00. 12. As a result of her injuries the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 13. As a result of her injuries the plaintiff has incurred aggravation and inconvenience, and a loss of life's pleasures, and will continue to incur the same in the future. 14. As a result of the injuries the plaintiff sustained on September 7,2011, she was unable to return to her previous employment. As a result of said inability to work she has suffered a loss of wages and future and her earning capacity has been limited.Further, as a direct and proximate result of his injuries the plaintiffs economic horizons may be limited. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff Nancy Haubrich, and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. Respectfully submitted, October 25,2013 •, AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. William P.Douglas for Nancy ?i'aubrich CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, counsel for the Defendant, Borough of Lemoyne, hereby certify that a true and correct copy of Defendant's Preliminary Objections to Plaintiff's Complaint was mailed to all counsel of record and unrepresented parties, by first class mail, 'h- postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the IC day of November, 2013: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle,PA 17013 E. RALPH GODFREY SQUIRE 3 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) w TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the nexty�-r� Argument Court.) CAPTION OF CASE C -- —� (entire caption must be stated in full) —p3 rnW ..ti zrn NNANCY HAUBRICH vs. r-- C—) SIC c BOROUGH OF LEMOYNE 51c> C-D, No. 2013 D7a�rri cn r. 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendaffs Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: William P. Douglas, Esquire (Name and Address) 43 West South Street, Carlisle, PA 17013 (b) for defendants: E. Ralph Godfrey, Esquire (Name and Address) 1011 Mumma Road, Ste. 201, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 12/20/2013 Signature Print your name Defendant Borough of Lemoyne Date: 11/15/2013 Attorney for INSTRUCTIONS: cdl -P-3 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. ` 2. The moving party shall file and serve their brief 14 days prior to argument. tOo2 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. CERTIFICATE OF SERVICE I,E.Ralph Godfrey,Esquire,counsel for the Defendant,Borough of Lemoyne,hereby certify that a true and correct copy of Defendant's Praecipe for Listing Case for Argument was mailed to all counsel of record and unrepresented parties,by first class mail,postage pre-paid, according to the Pennsylvania Rules of Civil Procedure,on the mot _day of November,2013: William P.Douglas,Esquire Douglas Law Office 43 West South Street Carlisle,PA 17013 E.RALPH(r FRE THE `?13 NOV 1 P11 2: 1 S CU PENNS Y�� GUU�d Yq NIA DOUGLAS LAW OFFICE 43 W. SOUTH ST. WILLIAM P. DOUGLAS, ESQ. CARLISLE PA 17013 Supreme Court I.D.# 37926 TELEPHONE 717-243-1790 Nancy Haubrich, In the Court of Common Pleas of Plaintiff Cumberland County Pennsylvania VS. No. 13-5109 Borough of Lemoyne, Defendant Civil Action-Law Praecipe to Substitute Verification Dear Mr. Buell: Please attach the Affidavit verifying the complaint signed by the Plaintiff to the original complaint. Date: November 15, 2013 William P. Douglas, Esq. ;! 43 West South Street Carlisle, PA 17013 717-243-1790 AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE INFORMATION CONTAINED IN THE COMPLAINT FILED IN THIS MATTER ON OCTOBER 25, 2013, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Na cy Haubrich November 12, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C.) 1.,11 .y w NANCY HAUBRICH, ) CASE NO: 13-5109 rnrn rn s c-' -vim 1,r r Plaintiff ) D o . rx = : V. o ) JURY TRIAL DEMAND v_ BOROUGH OF LEMOYNE, ) . Defendant ) TO: Plaintiff,Nancy Haubrich NOTICE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. CIPRIANI & WERNER,P.C. E. Ralph odfrey, Esquir I.D.No.: 77052 1011 Mumma Road Date: IZ try Suite 201 Lemoyne, PA 17043 Attorneys for Defendant, Borough of Lemoyne IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, ) CASE NO: 13-5109 ) Plaintiff ) ) v. ) ) JURY TRIAL DEMAND BOROUGH OF LEMOYNE, ) ) Defendant ) DEFENDANT,BOROUGH OF LEMOYNE'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Borough of Lemoyne (hereinafter "Defendant"), by and through its counsel, Cipriani & Werner, P.C., hereby responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that Plaintiff went to the Defendant's building in order to attend a meeting. The remaining averments are denied as conclusions of law to which no response is required. To the extent that a further response is required,the remaining allegations are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. After reasonable investigation, Defendant is without sufficient knowledge and/or information to form a belief as to the truth of the averments contained in this paragraph, and therefore, said averments are denied. To the extent that a further response is required, the remaining allegations are denied pursuant to Pa.R.C.P. 1029(e). 7. Denied. This paragraph is denied as a conclusion of law to which no responsive pleading is required. To the extent that a further response is required, the remaining allegations are denied pursuant to Pa.R.C.P. 1029(e). Strict proof thereof is demanded at time of trial. 8. Denied. The averments of this paragraph, including subparagraphs (a) through (d), are denied as conclusions of law to which no responsive pleading is required. To the extent that a response may be required, the averments of this paragraph, including subparagraphs (a) through (d), are denied pursuant to Pa.R.C.P. 1029(e). Strict proof thereof is demanded at time of trial. 9. Denied. This paragraph is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is required, the allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). Strict proof thereof is demanded at time of trial. 10. Denied. This paragraph is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, after reasonable investigation, Defendant is without sufficient knowledge and/or information to form a belief as to the truth of the averments contained in this paragraph, and therefore, said averments are denied. To the extent that a further response is required, the allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). Strict proof thereof is demanded at time of trial. 11. Denied. This paragraph is denied as a conclusion of law to which no responsive pleading is required. To the extent that a further response is required, the allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). Strict proof thereof is demanded at time of trial. 12. Denied. This paragraph is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is required, the allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). Strict proof thereof is demanded at time of trial. 13. Denied. This paragraph is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is required, the allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). Strict proof thereof is demanded at time of trial. 14. Denied. This paragraph is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is required, the allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). Strict proof thereof is demanded at time of trial. NEW MATTER 15. Plaintiff's cause of action is or may be barred by the applicable statute of limitations. 16. Plaintiff has failed to state a cause of action upon which relief can be granted. 17. Defendant asserts each and every defense, bar, and/or limitation contained in the governmental immunity and the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. § 8541, et seq. 18. To the extent supported by the facts known or discovered during the pendency of this litigation, Plaintiff's claims are barred or limited by release, collateral estoppel, res judicata or immunity from suit. 19. To the extent supported by the facts known or discovered during the pendency of this litigation, Plaintiff's cause of action is barred and/or limited by her assumption of a known risk, failing to observe warnings and signs, failing to keep a proper lookout, and failing to observe where she was proceeding. 20. To the extent that a condition did exist,which is expressly denied by Defendant, the condition was open and obvious such that Defendant owed no duty of care to Plaintiff. 21. To the extent supported by the facts known or discovered during the pendency of this litigation, Plaintiff's injuries were pre-existing, either in whole or in part and are not causally related to the accident giving rise to the present litigation. 22. At all time relevant hereto,the premise was safe for its regular, intended, and/or reasonably foreseeable use. 23. Defendant did not breach any duty of care owed to Plaintiff under the circumstances. 24. Plaintiff's claim is barred and/or reduced pursuant to the doctrines of comparative negligence, contributory negligence, and/or assumption of the risk, as the case may be, as revealed during the course of discovery. 25. Plaintiff is barred from recovering against Defendant or any other party as any alleged injuries and/or damages sustained are the sole and proximate result of Plaintiff's own conduct. 26. The actions or inactions, acts or failure to act by Plaintiff and/or other individuals and/or entities were the sole causes or, in the alternative, superseding, intervening causes of the alleged injuries and damages Plaintiff has allegedly sustained, which injuries and damages are hereby denied. 27. Plaintiff's claim is barred and/or limited to the extent that she has failed to mitigate her damages. 28. Plaintiff's claim is or maybe barred and or reduced, in whole or in part, by the Pennsylvania Comparative Negligence Act and the Pennsylvania Fair Share Act. 29. If Plaintiff sustained the injuries as alleged in her Complaint, which is strictly denied, then the injuries were caused by the acts or omissions of Plaintiff and/or individuals or entities over whom Defendant did not control or have the right to control. 30. To the extent revealed during discovery, Plaintiffs cause of action is barred and/or limited by the Choice of Ways Doctrine. 31. The premises was maintained in a reasonably safe condition at all times relevant to Plaintiffs Complaint. 32. The premises did not present a hazardous or dangerous condition for people using due care for their safety. 33. If the premises was defective, which is specifically denied, the defect was trivial and no liability exists. 34. At all times relevant hereto, Defendant acted in a safe, legal, and non-negligent manner. Respectfully Submitted, CIPRIANI & WERNER, P.C. G—Th E. Ralph Mdfrey, squir I.D.No.: 77052 1011 Mumma Road Date: (2 fi T 1(5 Suite 201 Lemoyne, PA 17043 Attorneys for Defendant, Borough of Lemoyne VERIFICATION I, of4Rf f, (4 t -' , an authorized representative of Defendant, Borough of Lemoyne, hereby certify that the facts set forth in the foregoing document are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the document is that of counsel and not my own. I have read the foregoing document, and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the foregoing document is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid document are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. By p goac2r 6_. /N4f-7-1 Its: L-rMa�'IA_ PYtAtOU f A 6 to Date: J 2- I I CERTIFICATE OF SERVICE I, counsel for Defendant, Borough of Lemoyne, hereby certify that a true and correct copy of the foregoing Answer and New Matter has been served on all counsel of record by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of Aec , 2013. William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 CIPRIANI & WERNER, P.C. BY: E. RA GO• '' ' QUIRE 1011 Mumma Ro. ., _ 01 Lemoyne, PA 17043 (717) 975-9600 Attorneys for Defendant, Borough of Lemoyne IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, Plaintiff v. BOROUGH OF LEMOYNE, Defendant CASE NO: 13 -5109 JURY TRIAL DEMANDED DEFENDANT, BOROUGH OF LEMOYNE'S MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Defendant, Borough of Lemoyne (hereinafter "Defendant ") by and through its attorneys, Cipriani & Werner, P.C., and files this Motion to Compel as follows: 1. Plaintiff in this matter is Nancy Haubrich (hereinafter "Plaintiff'). 2. On or about October 25, 2013, Plaintiff filed a Complaint against Defendant alleging that she was injured when she allegedly fell because of water on the floor inside Defendant's building. 3. On or about October 29, 2013, Defendant served Interrogatories and a Request for Production of Documents on Plaintiff. (A copy of Defendant's Interrogatories and Request for Production of Documents is attached hereto and incorporated herein as Exhibit "A "). 4. On February 19, 2014, Defendant's counsel notified Plaintiff that the Answers to the Interrogatories and Request for Production of Documents were overdue. (See correspondence dated February 19, 2014, attached hereto and incorporated herein as Exhibit "B "). 5. On March 5, 2014, Defendant's counsel once again notified Plaintiff that the Answers to the Interrogatories and Request for Production of Documents were overdue. (See correspondence dated March 5, 2014, attached hereto and incorporated herein as Exhibit "C "). 6. To date, Plaintiff has not provided her Answers to the Interrogatories and Request for Production of Documents despite the requirements of the Pennsylvania Rules of Civil Procedure and the repeated efforts of Defendant's counsel. 7. Defendant's discovery requests are relevant to the within action. 8. Defendant's discovery requests are within the scope of discovery and pursuant to the Pennsylvania Rule of Civil Procedure 4003.1, et seq., in that they seek discovery regarding matters that are not privileged and are relevant to the subject matter involved in the pending action and relate to the claims of the parties. 9. A review of Defendant's discovery requests reveals that they do not exceed the scope of permissible discovery under the Pennsylvania Rules of Civil Procedure. 10. In accordance with Pennsylvania Rule of Civil Procedure 4006, Defendant moves to compel Plaintiff to adequately and fully provide responses to its Interrogatories and Request for Production of Documents. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order compelling Plaintiff to provide full and adequate responses to Defendant's discovery requests. Dated: Respectfully submitted, CIPRIANI & WERNER, P.C. By E. Ralph Godfrey, Esq Attorney I.D. No. 77052 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975 -9600 Attorneys for Defendant, Borough of Lemoyne Exhibit A CIPRIANI & WERNER E. RALPH GODFREY rgodfrey@c-wlaw.com William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1011 Mununa Road, Suite 201 Lemoyne, Pennsylvania 17043-1145 Telephone (717) 975-9600 Fax: (717) 975-3846 www.C-WLAW.com October 29, 2013 RE: Nancy Haubrich v. Borough of Lemoyne Docket No.: 13-159 Claim No.: 749615 Our File No.: 1711-H Dear Mr. Douglas: Pittsburgh Office: Telephone (412)563-2500 Philadelphia Office: Telephone (610) 567-0700 Scranton Office: Telephone (570) 347-0600 Marlton Office: Telephone (856) 761-0725 Wheeling Office: Telephone (304) 232-3600 Charleston Office: Telephone (304) 341-0500 Enclosed please find Defendant's Request for Production of Documents directed to Plaintiff— First Set, and Defendant's Interrogatories Directed to Plaintiff— First Set. Please call with any questions. ERG/ae Enclosures IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, Plaintiff v. BOROUGH OF LEMOYNE, Defendant ) CASE NO: 13-159 ) ) ) ) ) JURY TRIAL DEMAND ) ) ) INTERROGATORIES OF DEFENDANT, BOROUGH OF LEMOYNE, DIRECTED TO PLAINTIFF - FIRST SET WE ARE ENCLOSING HEREWITH Interrogatories propounded by Defendant to be answered by Plaintiff within thirty (30) days from the date of service hereof with the request that a copy of the Answers be served upon counsel for the Defendant pursuant to Pennsylvania Rules of Civil Procedure, Rule 4005. You are further notified that if you later learn of any information not supplied in your Answers to these Interrogatories, you are required by the Rules of Civil Procedure to supply the undersigned with such information in the form of Supplemental Answers to these Interrogatories. DEFINITIONS, The following definitions are applicable to each Interrogatory and are incorporated by reference into each Interrogatory. (a) The terms "you" or "your" as used herein shall be deemed synonymous and shall be deemed to include the Plaintiff and any and all appropriate agents, servants, employees, attorneys, insurers, and other representatives of Plaintiff. (b) The term "person" as used herein, means any natural person, partnership, corporation, or other business entity and all officers, former officers, directors, agents, employees, attorneys and others acting or purporting to act on behalf of such natural person, partnership, corporation or other business entity. (c) The term "document" as used herein, means the original and all copies of any writing and any other tangible thing or data compilation in your custody, possession or control, including, but not limited to, letters, reports, agreements, telegrams, memoranda, summaries or records of personal or telephone conversations, diaries, tape recordings, statistical statements, minutes or records of meetings, minutes or records of conferences, expressions or statements of policy, lists of persons attending meetings or conferences, report and/or summaries of interviews, opinions or reports of consultants, reports or summaries of negotiations, brochures, pamphlets, circulars, draft of any documents, revisions of drafts of any documents, and original or preliminary notes. (d) The term "communications" as used herein, means all statements, admissions, denials, inquiries, discussions, conversations, negotiations, agreements, contracts, understandings, meetings, telephone conversations, letters, correspondence, notes, telegrams, telexes, advertisements, or any other form of written or verbal intercourse. (e) The term "identify" as used with respect to documents means to state the date, author, addressee, type of document (e.g., letter), to identify its last -known custodian and location and the exhibit number of the document if it has been marked during the course of a court proceeding. (f) The term "identify" as used with respect to non - written communications, means to state the date, persons that participated in the communication, type of communication (e.g., telephone conversation) and substance of the communication. (g) The term "identify" when used with respect to an individual, means to give the person's full name, all known aliases, present and last -known telephone number and present position or business affiliation. (h) The term "identify" when used with respect to any other person, means to give the person's official, legal and formal name and /or the name under which the person acts or conducts business; the address of the person's place of business, profession, commerce or home; and the identify of the person's principal or chief executive officer or person who occupies a position most closely analogous to a chief executive. (i) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the substance of the document or oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. INTERROGATORIES 1. State: (a) Your full name and any other names you have used or been known by; (b) Your date and place of birth; (c) Your social security number; and (d) Identify each criminal conviction, no contest plea, plea bargain or other criminal matter with which you have ever been involved by describing each offense and identifying the jurisdiction and the court term and number for each offense, as well as, the ultimate disposition of each matter. ANSWER: 2. For the period of time fifteen (15) years prior to the date of the accident, please provide the name and address of all doctors, therapist, hospital, clinic or nursing home that have treated you. ANSWER: 3. State in detail, each injury you claim you sustained as a result of the accident upon which this action is based. ANSWER: 4. Since the he time of the accident to the present, please provide the name and address of all doctors, therapist, hospital, clinic or nursing home that have treated you ANSWER: 5. For the period of time ten (10) years prior to the date of the incident out of which this claim arose to the present, please provide name and address of each employer that has employed you. ANSWER: 6. Please provide the name and address of each of your employers that has employed you subsequent to the date of the incident. ANSWER: 7. List and describe all expenses and losses that you have incurred because of the incident. ANSWER: 8. State the name and claim number for any claims you have made for any benefits under any medical pay coverage, workers' compensation or policy of insurance relating to injuries from the incident out of which this claim arose. ANSWER: 9. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.); and (c) Educational background and qualifications for the subject matter the expert is expected to testify. ANSWER: 10. Identify each and every person that you intend to call as a witness at trial. ANSWER: 11. ANSWER: Identify each exhibit you intend to introduce at trial. 12. Identify each person who was a witness to the incident through sight or hearing and/or has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. ANSWER: 13. Were any investigations made, reports prepared or statements made regarding the incident out of which this claim arose? If so, state the substance of each investigation or report including the identity of the person whom the investigation or report was directed. ANSWER: 14. Are you, or does anyone acting on your behalf, have possession of or know of the existence of any photographs and /or videos of the instrumentalities, equipment, tools, locality or any other thing or matter involved in the incident in suit? If so, state: (a) The date or dates when such photographs and/or videos were taken; and (b) What the photograph and/or video or photographs and/or videos purport to show or illustrate or represent. ANSWER: 15. Have you ever filed a workers' compensation claim? If so, state the nature of the injuries and the circumstances surrounding the injuries or which gave rise to the same. ANSWER: 16. Have you ever been involved in any other legal action for personal injury or property damage, either as Defendant or as Plaintiff? If so, state the names of the parties, date and name of the court. ANSWER: 17. Have you ever made any claim for any benefits under any insurance policy or against any person, firm or corporation for personal injuries for a physical condition other than for the accident that is the subject of Plaintiff's Complaint? If so, state the injury or condition for which such claim was made. ANSWER: 18. Please describe the alleged occurrence in complete chronological detail from a few minutes immediately preceding the alleged occurrence until you reached your home or received medical treatment. ANSWER: 19. Do you contend that the alleged occurrence was due to or caused in any way by any condition and/or substance on the floor? If the answer is in the affirmative, please: (a) Describe as fully as possible the location and extent of such condition and/or substance, giving all area and size dimensions, indicating length, width and depth. (b) State how or in what way such condition and/or substance caused or contributed to the cause of the alleged occurrence; and (c) How long the condition and/or substance had been present prior to the alleged incident. ANSWER: 20. Please state the purpose, reason or occasion for you being on the premises at the time of the alleged occurrence. ANSWER: 21. Was any agent or employee of the Defendant Borough of Lemoyne present at the time of your alleged occurrence? If so, identify each by name, address and the information upon which you relied to determine that said individual(s) was /were an agent or employee of Defendant. ANSWER: 22. At the time of the incident or immediately thereafter, did you have any conversation with or make any statements to any of the parties or witnesses, or did any of them make any statements to you or in your presence? If so, state the substance of any such conversation or statement and in whose presence it took place. ANSWER: 23. Please describe everything which you did in an attempt to avoid the alleged occurrence. ANSWER: 24. Did you have any knowledge of the existence of the alleged condition and /or substance prior to your alleged occurrence? If the answer is in the affirmative, please state how you acquired such knowledge and how long you knew that the alleged defect, condition, substance or object had existed prior to your alleged occurrence. ANSWER: 25. Prior to the incident or occurrence here involved, did you make any complaints to anyone concerning the alleged condition and/or substance? If your answer is in the affirmative, give the date, name and address of the person or persons or business organizations to whom you made the complaint. ANSWER: 26. Were there any obstructions to your view as you approached the scene of the alleged occurrence? If so, please describe each such obstruction in detail. ANSWER: 27. State all facts which support your contention in Paragraph 8(a) of the Complaint that Defendant, Borough of Lemoyne, failed to properly inspect and maintain the real estate. ANSWER: 28. Do you contend that Defendant, Borough of Lemoyne had actual and/or constructive notice of the condition and /or substance in the Complaint prior to the alleged incident? If so, state all facts that support your contention. ANSWER: 29. State all facts which support your contention that Defendant, Borough of Lemoyne, failed to inspect the real property. ANSWER: 30. Have you ever filed an application for Social Security benefits? ANSWER: 31. Before the incident, did you participate in any hobbies or sports, such as swimming, golf, bowling or others? If so, name the hobby or sports, and whether you have been able to continue these activities after this incident. ANSWER: 32. State the degree of any impairment of earning power that you claim from the alleged incident. State whether such impairment is claimed to be temporary or permanent. If temporary, state the duration thereof, giving the dates of the beginning and ending of such impairment. ANSWER: Date: (,z.9 3 BY: CIPRIANI & WERNER, P.C. E. ' alph Godfr y, Esqu Attorney I.D. No. 77052 1011 Mumma Road, Suite 20 Lemoyne, PA 17043 (717) 975-9600 Counsel for the Defendant, BOROUGH OF LEMOYNE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Interrogatories of Defendant, Borough of Lemoyne, Directed to Plaintiff — First Set were served upon all counsel of record by depositing the same in the United States mail, first class, postage prepaid, on this Z' day of 0C 4- , 2013, addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, Pa 17013 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. E. RALP GODFRrEY, ESQ RE Counsel for the Def- ndant, BOROUGH OF LE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, Plaintiff v. BOROUGH OF LEMOYNE, Defendant CASE NO: 13 -159 JURY TRIAL DEMAND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS OF DEFENDANT, BOROUGH OF LEMOYNE, ADDRESSED TO PLAINTIFF — FIRST SET With respect to the matters referred to in Plaintiffs Complaint, please note that you are directed to produce for purposes of inspection and/or copying, the following items, all of which relate to the matter referred to in Plaintiff's Complaint. These items must be produced no later than thirty days from the date of the filing of this request. Same may be provided by forwarding copies to the office of the undersigned, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043. These requests are not directed merely to the person or party whose name appears above, but are meant to include that person's or party's agents, servants, insurers, employers, employees, investigators, attorneys, and others similarly situated to the named party or person. In addition, although the request seeks these documents within the next thirty days, the request should also be deemed continuing, in that if there are further materials which come under the purview of any of these requests which are obtained after the time of their production presently, said materials should also be furnished in accord with this request. Please produce the following: 1. The entire contents of any investigation file or files and any other documentary material in your possession which support or relate to Plaintiff's Complaint (excluding references to mental impressions, conclusions or opinions representing the value or merit of the claim or defense or respecting strategy or tactics and privileged communications from and to counsel). 2. Any and all statements concerning the action, as defined by Rule 4003.4, including, but not limited to, statements from the parties herein, potential witnesses, individuals with knowledge of any discoverable matter, or their respective agents, servants or employees. 3. All photographs, videotapes, plans, specifications, drawings, tangible evidence or diagrams prepared of the scene of the accident or any instrumentality involved therein or otherwise pertaining to the subject matter of the present litigation. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports and curriculum vitae of any and all experts who will testify at trial. 6. Any and all medical records, x -rays, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly afflicting Plaintiffs, as well as the treatment of any similar injuries or illnesses prior or subsequent to the occurrence of the incident which gave rise to this action. 7. Copies of Plaintiff's IRS returns for the five (5) years preceding the date of the accident in question, and for each year thereafter, during the pendency of this litigation. 8. All writings related to loss of earnings and earning power. 9. All other writings, memoranda, data, and/or tangible things which relate directly or indirectly to the incident and damages set forth in Plaintiff's Complaint. 10. Any and all memoranda, notes, summaries, items of correspondence, records, documents, or other form of data retention, not included in the foregoing requests made by you or obtained by you or your representative or any witness, contained in your files or other collections of records which pertain to the incident and damages alleged in Plaintiff's Complaint. 11. Any and all reports of governmental or quasi - governmental agencies which investigated the incident described in Plaintiffs Complaint, including, but without limitation, fire authorities, police authorities, or other state, federal, or local agencies who have investigated the incident described in Plaintiff's Complaint, and which data or reports are in your possession. 12. All documents identified in response to Interrogatories of Defendant propounded upon Plaintiff. 13. All exhibits and/or demonstrative evidence intended to be used at trial. Date: 10 (tt ((3 BY: CIPRIANI & WERNER, P.C. E. Ralph God$ Attorney I.D. No. 77052 1011 Mumma Road, Suite 20 Lemoyne, PA 17043 (717) 975 -9600 Counsel for the Defendant, BOROUGH OF LEMOYNE AND NOW, this CERTIFICATE OF SERVICE kday of 6-e_ , 2013, I, E. Ralph Godfrey , Esquire, of Cipriani & Werner, P.C., attorneys for Defendant, BOROUGH OF LEMOYNE, hereby certify that a copy of the within Request for Production of Documents and Things — First Set was served this day by depositing the same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, Pa 17013 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. Counsel for BOROUGH 0 Exhibit B CIPRIANI & WERNER E. RALPH GODFREY rgodfrey@c- wlaw.com William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1011 Mumma Road, Suite 201 Lemoyne, Pennsylvania 17043 -1145 Telephone (717) 975 -9600 Fax: (717) 975-3846 www.C- WLAW.com February 19, 2014 RE: Nancy Haubrich v. Borough of Lemoyne Claim No.: 749615 Our File No.: 1711-36230H Dear Mr. Douglas: Pittsburgh Office: Telephone (412) 563 -2500 Philadelphia Office: Telephone (610) 567 -0700 Scranton Office: Telephone (570) 347 -0600 Marlton Office: Telephone (856) 761 -3800 Wheeling Office: Telephone (304) 232 -3600 Charleston Office: Telephone (304) 341 -0500 I am writing as a follow up to the discovery requests I had previously sent you. To date, I have not received your client's answers to the Interrogatories and Request for Production of Documents. I would appreciate it if you would let me know when I can expect to receive the answers. I look forward to hearing from you. ERG /ekh Exhibit C CIPRIANI & WERNER E. RALPH GODFREY rgodfrey @c- wlaw.com William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1011 Mumma Road, Suite 201 Lemoyne, Pennsylvania 17043 -1145 Telephone (717) 975 -9600 Fax: (717) 975 -3846 www.0 - WLAW.com March 5, 2014 RE: Nancy Haubrich v. Borough of Lemoyne Claim No: 749615 Our File No.: 1711- 36230H Dear Mr. Douglas: Pittsburgh Office: Telephone (412) 563 -2500 Philadelphia Office: Telephone (610) 567 -0700 Scranton Office: Telephone (570) 347 -0600 Marlton Office: Telephone (856) 761 -3800 Wheeling Office: Telephone (304) 232 -3600 Charleston Office: Telephone (304) 341 -0500 I am following up on my discovery requests and letter of February 19, 2014 that were sent to you several months ago. To date, I have not received the answers to my discovery requests despite the requirements of the Pennsylvania Rules of Civil Procedure. Please provide me with the discovery documents within the next ten days. Otherwise, I will have no other option but to file a Motion to Compel. I look forward to receiving the discovery answers. As always, should you have any questions, please do not hesitate to contact me. ERG /meh CERTIFICATE OF SERVICE AND NOW, this (7 day of , 2014, I, E. Ralph Godfrey, Esquire, of Cipriani & Werner, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Defendant's Motion to Compel Plaintiff's Answers to Interrogatories and Request for Production of Documents this day by depositing the same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 NANCY HAUBRICH, Plaintiff V. BOROUGH OF LEMOYNE, Defendant Count? of Cumber Laub IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-05109 CIVIL TERM IN RE: DEFENDANT, BOROUGH OF LEMOYNE'S MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, thisLV day of April 2014, upon consideration of Defendant's Motion, a RULE is issued upon Plaintiff to show cause, if any, why the relief requested should not be granted. DEFENDANT shall effectuate service of this Rule upon Plaintiff. Proof of service must be filed prior to the court entertaining a motion to make rule absolute. RULE RETURNABLE twenty (20) days from the date of service. Y THE COURT, Distribution: Godfrey, Esq. P. Douglas, Esq. P2s4.L.ii, q eft/ Thom • A. P acey C.P.J. E. Ralph Godfrey, Esquire Attorney I.D. No. 77052 Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717)975-9600 (717) 975-3846 (fax) Attorney for Defendant h flu�L,nfli_; �tJJ ENNSYL2,11111;IY 13 PH 1,i9 qN UNTY PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, Plaintiff v.. BOROUGH OF LEMOYNE, Defendant ) CASE NO: 13-5109 ) ) ) ) JURY TRIAL DEMANDED ) ) ) ) PROOF OF SERVICE 1, E. Ralph Godfrey, being duly sworn according to the law, state the following: 1. I am an adult individual and counsel for Defendant in the above -captioned matter. 2. On May 9, 2014, a copy of the Order and Rule to Show Cause dated April 28, 2014 was served upon Plaintiff's counsel, William P. Douglas, Esquire, by Certified Mail Return Receipt Requested bearing Item Number 70112000000132819913. A true and correct copy of the Letter dated May 8, 2014, the Certified Mail Receipt and Return Receipt Card is attached as Exhibit "A". Sworn to and subscribed before me this ti)-- day of May, 2014. COMMQP(WIALTH OR PRNNS j,VJANI NOTARIAL SEAL Kelly E, Hermon, Notary Public Huntington. Twp,. Adams County My Commission Expires March 26, 2818 E. Ralpho Attorney for De EXHIBIT A E, RALPH GODFREY rgodfrey@c-wlaw.com CIPRIANI & WERNER A PROFESSIONAL. CORPORATION. ATTORNEYS AT LAW 1011 Mumma Road, Suite 201 Lemoyne, Pennsylvania 17043-1.145 Telephone (717) 975-9600 Fax: (717) 975-3846 www.C-WLAW.com Pittsburgh Office:. . Telephone (412) 563 2500 Philadelphia Office: Telephone (610) 567-0700 Scranton Office: Telephone (570) 347-0600 Marlton Office: Telephone (856) 761-3800 Wheeling Office Telephone (304) 232-3600. Charleston Office: Telephone (304) 341-0500 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 7011 2000 0001 3281 9913 William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 RE: Nancy Haubrich v. Borough of Lemoyne' Dear. Mr. Douglas: Enclosed please find Judge Placey'sOrder dated April 28,, 2014, issuing a Rule to Show Cause why Defendant's Motion to Compel should not be .granted. Should you have any questions,. please do not hesitate to contact me. ERG/reh Enclosure r=i cD ru II In II c William P. Do U.S. Postal Service, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) delivery information visit our website a Postag Certified F Return Receipt Fe (Endorsement Requl Restricted Delivery Fee (Endorsement Required) rI ra N Douglas Law Office 43 West South Street Carlisle, PA 17013 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and -address on the reverse so that we can return the card to you; ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to:. tructio COMPLETE. THIS SECTION ON DELIVERY 4IP X ignature ' ❑ Agent Addresser eCeiv William P. Douglas, Esquire' Douglas Law Office 43 West South Street Carlisle, PA 17013 eliver) D. is delivery addre ifferent from item 1? ❑ el z;l'fYES, enter delivery address below: 83110. 3. Service Type yCertified Mail° '0 Priority Mall Express' 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mall 0 Collect on Delivery. 4. Restricted Delivery? (Extra Fee) ❑ Yes }; .2 Article Number �) j , (Transfer from service label) 70: 2000 0001 3281 9913 PS Form 3811, July 2013 Domestic Return Receipt CERTIFICATE OF SERVICE AND NOW, this alit—day of pvAnwt , 2014, I, E. Ralph Godfrey, Esquire, of Cipriani & Werner, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Defendant's Proof of Service this day by depositing the same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 E. Ralph — odfre DOUGLAS LAW OFFICE 43 W. SOUTH ST. CARLISLE PA 17013 TELEPHONE 717-243-1790 ancy Haubrich ='3 EO -OF HOE 9 E PROTHONOTARY f01'ti JUN -9 PM 3: 04 CUMBERLAND COUNTY PENNSYLVANIA WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 VS Borough of Lemoyne Plaintiff Defendant In the Court of Common Pleas of Cumberland County Pennsylvania No. 13-5109 Civil Action Law Reply to New Matter The original allegations in paragraphs 1 through 14 of the complaint are incorporated herein and reference is made thereto as if fully set forth at length. 15. Denied. Denied as a legal conclusion to which no responsive pleading is required. To the extent that a responsive is required, the allegations are denied pursuant to Pa.R.C.P 1029(e). 16. Denied. Denied as a legal conclusion to which no responsive pleading is required. To the extent that a responsive is required, the allegations are denied pursuant to Pa.R.C.P 1029(e). 17. Denied Denied as a legal conclusion to which no responsive pleading is required. To the extent that a responsive is required, the allegations are denied pursuant to Pa.R.C.P 1029(e). 18. Denied. Denied as a legal conclusion to which no responsive pleading is required. To the extent that a responsive is required, the allegations are denied pursuant to Pa.R.C.P 1029(e). 19. Denied Denied as a legal conclusion to which no responsive pleading is required. To the extent that a responsive is required, the allegations are denied pursuant to Pa.R.C.P 1029(e). 20. Denied. Denied pleading is required. allegations are denied 21. Denied. Denied pleading is required. allegations are denied 22. Denied. Denied pleading is required. allegations are denied 23. Denied. Denied pleading is required. allegations are denied 24. Denied. Denied pleading is required. allegations are denied 25. Denied. Denied pleading is required. allegations are denied 26. Denied. Denied pleading is required. allegations are denied 27. Denied. Denied pleading is required. allegations are denied 28. Denied.; Denied pleading is required. allegations are denied 29. Denied. Denied pleading is required. allegations are denied 30. Denied.' Denied pleading is required. allegations are denied 31. Denied. Denied pleading is required. allegations are denied as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e).. as a legal conclusion to which no responsive To the extent that a responsive is required, the pursuant to Pa.R.C.P 1029(e). 32. Denied. Denied as a legal conclusion to which no responsive pleading is required. To the extent that a responsive is required, the allegations are denied pursuant to Pa.R.C.P 1029(e). 33. Denied. Denied as a legal conclusion to which no responsive pleading is required. To the extent that a responsive is required, the allegations are denied pursuant to Pa.R.C.P 1029(e). 34.. Denied. Denied as a legal conclusion to which no responsive pleading is required. To the extent that a responsive is required, the allegations are denied pursuant to Pa.R.C.P 1029(e). Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an' amount in excess of that requiring compulsory referral to arbitration. A trial is hereby demanded. June 3, 2014 Respectfully submi ; ed, William P. Douglas, Attorney for Plai AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and / or information and belief. This is made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. William P. Dougl Esq. Date: June 3, 2014 ZIRULNIK, SHERLOCK & DEMILLE By: John D. Kearney, Esquire IDENTIFICATION NO. 44207 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 856-778-3220 (phone); 856-778-3222 (fax) Attorney for Defendant, Borough of Lemoyne OF ZUl y �7L. rl ��ONQ f�S rt' ;' JUL CUNI3ER PENNS YL V ANIA �, NANCY HAUBRICH Plaintiff, v. BOROUGH OF LEMOYNE Defendant. TO THE PROTHONOTARY: : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 13-5109 ENTRY OF APPEARANCE Kindly enter my Appearance on behalf of Defendant, Borough of Lemoyne, in the above - captioned case. Respectfully submitted, DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Borough of Lemoyne, demands a jury trial consisting of twelve (12) members, in the above -captioned matter. Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY HAUBRICH, Plaintiff v. BOROUGH OF LEMOYNE, Defendant CIVIL DIVISION CASE NUMBER: 13-5109 ISSUE NUMBER: PLEADING: PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE CODE AND CLASSIFICATION: FILED ON BEHALF OF: BOROUGH OF LEMOYNE, Defendant. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa. ID# 77052 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY HAUBRICH, ) CASE NO: 13-5109 ) Plaintiff ) v. BOROUGH OF LEMOYNE, Defendant ) ) ) ) ) ) JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly WITHDRAW my appearance on behalf of the Defendant, BOROUGH OF LEMOYNE, in the above -captioned matter. BY: Date: C/_ CIPRIANI & WERNER, P.C. E. RALP GO ! Y SQUIRE Attorney No. 71.052 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Attorneys for Defendant, Borough of Lemoyne CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: NANCY HAUBRICH -VS- BOROUGH OF LEMOYNE 14-10150JR C) r -.,a (71 -0 3 c- --a rr C:, t *l 2-rrl rrt rJ L`T i. rti Court of Common Please` `-�`' CD Cumberland County < o , -=L E''3 C) No. 13-5109 Co -> -J As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of JOHN KEARNEY, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 12/26/2014 JOHN KEARNEY, ESQUIRE Counsel for Defendant CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com NANCY HAUBRICH VS. BOROUGH OF LEMOYNE • • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 13-5109 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 43 W. SOUTH STREET CARLISLE, PA 17013 Please take notice there has been a request by JOHN KEARNEY, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to NANCY HAUBRICH. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: December 5, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com NANCY HAUBRICH vs. BOROUGH OF LEMOYNE . CCLR File NO. 14-10150JR • • • COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 12/5/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (Ordering records through CCLR is more cost effective than getting them from a provider or another service carrier - see rates below) (1) COPIES I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X -Rays on CD sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 12/26/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees/Per Location Administrative Fee Pages 1-20 Pages 21-60 Pages 61 & Above X -Rays on CD $18.00 $1.00 $.70 $.25 $25.00/CD yes / no yes / no yes / no Attorney for plaintiff(s) / defendant(s) Date WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 43 W. SOUTH STREET CARLISLE, PA 17013 If Billing is NOT to Firm (but to an insurance company, etc.), enter the bill -to information below: Bill -to Company: Adjuster Name: Claim Number:: Address: eavisio VEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No, 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CATHOLIC DIOCESE OF HARRISBURG — PERSONNEL DEPT. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things **SEE ATTACHED ADDENDUM** CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) „deb, CCLR r, Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: CATHOLIC DIOCESE OF HARRISBURG - PERSONNEL DEPARTMENT Re: NANCY HAUBRICH ANY AND ALL EMPLOYMENT/PERSONNEL RECORDS, WORKERS' COMP CLAIMS, DATES OF ATTENDANCE, APPLICATIONS, PERFORMANCE RECORDS, DISCIPLINARY RECORDS, REVIEWS, EVALUATIONS, EARNINGS, MEDICAL REPORTS, ETC., PERTAINING TO NANCY HAUBRICH. "* CERTIFICATION PAGE MUST BE SIGNED AND DATED ”" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No. 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. CLEM CICCARELLI — MEDICAL RECORDS DEPT. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things "SEE ATTACHED ADDENDUM" CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) • ■ ■ It I. Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: DR. CLEM CICCARELLI - MEDICAL RECORDS DEPT Re: NANCY HAUBRICH ANY AND ALL MEDICAL RECORDS, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO NANCY HAUBRICH. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** coVsToMALM PIMS/YIVANIA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No. 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. MARIA MICHALEK — MEDICAL RECORDS DEPT. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things **SEE ATTACHED ADDENDUM** CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) „gib, CLLR MI El Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: DR. MARIA MICHALEK - MEDICAL RECORDS DEPT Re: NANCY HAUBRICH ANY AND ALL MEDICAL RECORDS, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO NANCY HAUBRICH. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** COWNONWEALrri PENNSYLVANIA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No. 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL — MEDICAL RECORDS DEPT. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things **SEE ATTACHED ADDENDUM** CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documcnts or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: HOLY SPIRIT HOSPITAL - MEDICAL RECORDS DEPT. Re: NANCY HAUBRICH ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO NANCY HAUBRICH. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No. 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL — PATIENT BILLING DEPT. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things **SEE ATTACHED ADDENDUM** CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) 466 CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: HOLY SPIRIT HOSPITAL - PATIENT BILLING DEPT Re: NANCY HAUBRICH ANY AND ALL BILLING RECORDS, INVOICES, PAYMENTS, RECEIPTS, PERTAINING TO NANCY HAUBRICH. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No. 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL — RADIOLOGY FILE ROOM. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things **SEE ATTACHED ADDENDUM** CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: HOLY SPIRIT HOSPITAL - RADIOLOGY FILE ROOM Re: NANCY HAUBRICH ANY AND ALL FILMS, MRI'S, CAT SCANS, X-RAYS, INCLUDING RADIOLOGY REPORTS, ETC., PERTAINING TO NANCY HAUBRICH. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** cUitl. AMUAL l lei U'" PE MVSSL»LVAMA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No. 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL. AND HEALTH SYSTEMS — PERSONNEL DEPT. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things **SEE ATTACHED ADDENDUM** CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) CCLR II Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: HOLY SPIRIT HOSPITAL AND HEALTH SYSTEMS - PERSONNEL DEPT Re: NANCY HAUBRICH ANY AND ALL EMPLOYMENT/PERSONNEL RECORDS, WORKERS' COMP CLAIMS, DATES OF ATTENDANCE, APPLICATIONS, PERFORMANCE RECORDS, DISCIPLINARY RECORDS, REVIEWS, EVALUATIONS, EARNINGS, MEDICAL REPORTS, ETC., PERTAINING TO NANCY HAUBRICH.** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No. 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA — RECORDS DEPT. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things **SEE ATTACHED ADDENDUM** CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA - RECORD DEPARTMENT Re: NANCY HAUBRICH ANY AND ALL MEDICAL RECORDS, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO NANCY HAUBRICH. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY HAUBRICH VS File No. 13-5109 BOROUGH OF LEMONE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: QUANTUM IMAGING — RADIOLOGY FILE ROOM. (Name of Person or Entity) AT: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things **SEE ATTACHED ADDENDUM** CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) CCLR 111 Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-10150JR ************************** ADDENDUM TO SUBPOENA ************************** To: QUANTUM IMAGING - RADIOLOGY FILE ROOM Re: NANCY HAUBRICH ANY AND ALL FILMS, MRI'S, CAT SCANS, X-RAYS, ALL RECORDS, BILLING RECORDS, INCLUDING RADIOLOGY REPORTS, ETC., PERTAINING TO NANCY HAUBRICH. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED **