HomeMy WebLinkAbout13-5121 Supreme Cou�i�tof` ;ennsylvania
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
❑ Complaint Writ of Summons ❑ Petition
E S1' ❑ Transfer from Another Jurisdiction ❑Declaration of Taking
E.. /I
C . SG
Lead lamtiff's Name: Lead Defendant's Name
1 Cy
Dollar Amount Requested: within arbitration li its
4 ` Are money damages requested? Yes ❑ No (check on ❑ outside arbitration limits
Is this a Class Action Suit? ❑ Yes No Is this an MDJAppeal? ❑ Yes No
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Name of Plaintiff /Appellant's Attorney: ✓ySGP� �' V �� f `` \
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❑ Check here if you have no attorney (are aSelf- Represented [Pro Se] Litigant)
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F' ly ature of .the Case �''I?lace an: "X "'to the left ;of the ONE c_ ase,category.- that•' most`accurately :� -• _
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TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
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11 Intentional ❑ Buyer Plaintiff Administrative Agencies
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El Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ isance ❑ Dept. of Transportation
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❑ Product Liability (does not include ❑Employment Dispute:
mass tort)
Discrimination
❑ Slander/Libel/ Defamation
❑ Employment Dispute: Other ❑ Zoning Board
s.'C= ❑ Other:
❑ Other:
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.. _.:- .I.-•- ❑Other. — _....,, -._,.. ... �._... _... - _..._..____ ..
MASS TORT
❑ Asbestos
❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑Ejectment ❑ Common Law /Statutory Arbitration
❑ Other- ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
B a i ❑ Ground Rent ❑ Mandamus
❑ LandlordiTenant Dispute ❑ Non - Domestic Relations
S " ❑ Mortgage Foreclosure: Residential Restraining Order
3 �; x
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ ❑Dental ❑Partition Replevin
P
"tt ❑ Legal ❑ Quiet Title ❑ Other
❑Medical ❑ Other:
❑ Other Professional:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 3 — !; /�
Civil Action - (X) Law
( ) Equity
ANGEL NEAL ROBERT J. SANTO and
1939 MULBERRY STREET HELEN SANTO, his wife
HARRISBURG, PA 17104 920 BELLA VISTA DRIVE
rnm
•�
C rn_"
AND
vs. r C�
MARILYN SANTO .� —�-•�
920 BELLA VISTA DRIVE'
ENOLA, PA 17025
AND -!
THEIR SUCCESSORS AND ASSIGNS
COMPULSORY ARBITRATION
Plaintiff(s) & Defendant(s) &
Addresses Addresses
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above - captioned action. 4 l 03.
X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff /' ' / /f7�
JOSEPH J. DIXON, ESQUIRE �, )
126 STATE STREET `Signature of Attorney r
HARRISBURG, PA 17101
(717) 236 -8515 Supreme Court ID No. 28290
Names /Address /Telephone No. Of
Attorney Date:- ��v �
WRIT OF SUMMONS
TO THE ABOVE -NAMED DEFENDANT(S): ROBERT J. SANTO AND HELEN SANTO, HIS WIFE,
MARILYN SANTO AND THEIR SUCCESSORS AND, ASSIGNS
YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION
AGAINST YOU.
Pro onotary
0 3 ob Date: i by
Deputy
( ) Check here if reverse is issued for additional information.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff '
1 HE P RO THONJ
Jody S Smith �ti�titr +yf
Chief Deputy "t 013 SEA' I I AM 10` 1
Richard W Stewart
Solicitor OFF,CE OFT W Cr,IFF C.UMBERLAND COUNTY
PENNSYLVANIA
Angel Neal Case Number
vs. 2013-5121
Robert Santo (et al.)
SHERIFF'S RETURN OF SERVICE
09/06/2013 11:48 AM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Writ of
Summons by"personally"handing a true copy to a person representing themselves to be the Defendant,
to wit: Marilyn Santo at 920 Bell Vista Drive, East Pennsboro, Enola, PA 17025.
JAhff DIMARTI-grD15PUTY
SHERIFF COST: $45.41 SO ANSWERS,6z
�a�—�
September 09, 2013 RONW R ANDERSON, SHERIFF
c}CountySuito Sheriff,Teleosoft,Inc.
ANGEL NEAL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL TERM
ROBERT SANTO and HELEN NO. 13-5121
SANTO,his wife
�-,
and
MARILYN SANTO and their �m
Successors and Assigns v r �R='
Defendants
r. Co
;z O -Z cz, r
PRAECIPE FOR ENTRY OF APPEARANCE x' g
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter the appearance of Buzgon Davis Law Offices whose address is 525 South
Eighth Street, P.O. Box 49, Lebanon, Pennsylvania 17042-0049, as attorneys for Marilyn Santo,
Defendant,in the above-captioned case.
BUZGON DAVIS LAW OFFICES
DATE: iI BY:
TIMO HY J. HUBER, ESQUIRE
Attorney I.D. #47231
525 South Eighth Street
P.O. Box 49
Lebanon, PA 17042-0049
(717) 274-1421
ANGEL NEAL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL TERM
ROBERT SANTO and HELEN NO. 13-5121
SANTO,his wife
and
MARILYN SANTO and their
Successors and Assigns
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF LEBANON )
I, AMY SHOLLEY, an employee of Buzgon Davis Law Offices, 525 South Eighth
Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, Macy Johnston, being
duly sworn according to law, depose and say that I mailed on September 17, 2013, by regular
mail, in a postpaid envelope, a true and correct copy of a PRAECIPE FOR ENTRY OF
APPEARANCE,the original of which was mailed on September 17, 2013, for filing in the Office
of the Prothonotary of Lebanon County, Pennsylvania, to Joseph Dixon, Esquire, 126 State
Street, Harrisburg, PA 17101, Attorney for Plaintiff.
jot4-�--J- ij'4-0a�
(AMY OL EY)
Sworn to and subscribed
before me this 17`x'day
of September,A.D.,2013.
r MONW TH OF PENNSYLVANIA
Notarial Seal
QYSW L Fks w, Notary Public
�'or canon, Lebanon county Corrunission Expires Aug. 27, 2017
- MBNFIC►EhNSYlVAXEA AS'v.�GA-ZA Cf*,-IwES
F:ld lbll.,itigationllilizabethtoa,u Insurance CompanNASantolPraecipe rule to file oomplaint.doc -9117/13 1:21 PIv1
FILEID-O;FI
OF THEE PRO iONOTAr=.Y
2013 SEP 18 AEI I : 4 9
CUMBERLAND NNYAN COUNTY
ANGEL NEAL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL TERM
ROBERT SANTO and HELEN NO. 13-5121
SANTO, his wife
and
MARILYN SANTO and their
Successors and Assigns
Defendants
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY,PENNSYLVANIA:
AND NOW, September 17, 2013, issue a Rule upon the Plaintiff, Angel Neal,to file
his Complaint in the above matter within twenty (20) days of service of said Rule upon him or
suffer a judgment of non pros.
BUZGON DAVIS LAW OFFICES
BY:
Timothy J. Huber, Esquire-Attorney I:D. #47231
525 South Eighth Street-Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421
Attorneys for Defendant, Marilyn Santo
RULE
AND NOW, this day of 2013, Rule is issued in
accordance with the above Praecipe.
2
Prothonotary ��
ANGEL NEAL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL TERM
ROBERT SANTO and HELEN NO. 13-5121
SANTO, his wife , .
and
MARILYN SANTO and their _ ;
Successors and Assigns
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF LEBANON )
1, AMY SHOLLEY, an employee of Buzgon Davis Law Offices, 525 South Eighth
Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, Macy Johnston, being
duly sworn according to law, depose and say that I mailed on September 19, 2013, by regular
mail, in a postpaid envelope, a true and correct copy of a PRAECIPE FOR RULE TO FILE
COMPLAINT, to Joseph Dixon, Esquire, 126 State Street, Harrisburg, PA 17101, Attorney for
Plaintiff.
(AM HOLLEY)
Sworn to and subscribed
before me this 19th day
of September,A.D.,2013.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Linda I.O'Neil,Notary Public
City of Lebanon,Lebanon County
<
MY COMMIC1Ion tolres July 3,2015
Notary Public WROEk 91499Y4VANIA ASSOCIATION OF NOTARIES
ANGEL NEAL, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 13-5121
ROBERT SANTO and :CIVIL ACTION — LAW
HELEN SANTO, his wife
•
•
AND .
•
MARILYN SANTO
t-71
AND cw3
•
• ,C
•
THEIR SUCCESSORS,
Defendants • -
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 attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar
accion dentro de los proximos veinte (20) dias despues de la notificaciOn de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en Ia Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar acciOn como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en Ia demanda o cualquier
otra reclamaciOn o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
ANGEL NEAL • IN THE COURT OF COMMON PLEAS
Plaintiff • CUMBERLAND COUNTY,
•
PENNSYLVANIA
v.
NO. 13-5121
ROBERT J. SANTO and
HELEN SANTO, his wife • CIVIL ACTION—LAW
AND
•
MARILYN SANTO • COMPULSORY ARBITRATION
AND •
•
THEIR SUCCESSORS
Defendants
COMPLAINT
AND NOW,this (7 day of j/� , 2013, comes the Plaintiff,
Angel Neal by and through her Attorney,Joseph J. Dixon,Esquire, who respectfully avers as
follows:
1. The Plaintiff is Angel Neal an adult individual who resides at 1939 Mulberry Street
Harrisburg, Dauphin County, Pennsylvania, 17104.
2. The Defendant, Robert J. Santo, is an adult individual whose residence is 920 Bella Vista
Drive, Enola, Cumberland County, Pennsylvania, 17025.
3. The Defendant, Helen Santo, is an adult individual whose residence is 920 Bella Vista
Drive,Enola, Cumberland County, Pennsylvania, 17025.
4. The Defendant,Marilyn Santo, is an adult individual whose residence is 920 Bella Vista
Drive,Enola, Cumberland County, Pennsylvania, 17025.
5. At all times material hereto, the Defendants had a property and ownership interest in a
property at 920 Bella Vista Drive, Enola, Cumberland County, Pennsylvania, 17025.
6. On or about September 6,2011, approximately 7:50am, the Plaintiff arrived at the
residence owned by the Defendants.
7. At all times material hereto, the Plaintiff was in the course and scope of employment with
Med Staffers.
8. At all times material hereto,the Plaintiff was employed as a home healthcare aide who
was assigned to perform healthcare services for the Defendant,Robert Santo.
9. The Plaintiff had never visited the Santo residence prior to September 6, 2011.
10. At said time and place,the Plaintiff walked up the steps towards the Santo residence
when the steps broke, causing her to fall and suffer from serious personal injuries.
11. As the sole and proximate result of the fall described above,the Plaintiff suffered the
following personal injuries: strains and sprains of the neck; sprain-strain of the right shoulder-
upper arm; sprains and strains of the lumbar region; thoracic/lumbosacral neuritis/radiculitis;
small disc protrusion at L4-5 centrally along with right radicular symptoms and low back pain;
right paraspinal disc herniation at L5, Sl; ankle injury; musculoskeletal back pain.
12. The injuries sustained by the Plaintiff were caused by the negligence and carelessness of
the Defendants, which consist of the following:
a) Failure to properly maintain steps of a residence.
b) Failure to provide a safe passage for a home healthcare representative coming to
a home to care for a resident.
c) Failure to properly post warning signs of a hazardous condition on the steps.
d) Failure to repair broken or deteriorated steps.
e) Failure to conduct proper maintenance of stairs leading to a home.
f} Failure to properly supervise people assigned and/or hired to maintain said steps.
g) Failure to inspect the steps for hazardous conditions.
13. The injuries sustained by the Plaintiff were solely caused by the actions or inactions of
the Defendants. The injuries sustained by the Plaintiff were in no way caused by her action or
conduct.
14. The Plaintiff believes and therefore avers that she will have permanent limitations in her
physical ability to do personal or vocational activities as a result of the injuries sustained.
15. The Plaintiff has in the past, and will in the future, undergo great pain and suffering.
16. The Plaintiff believes and therefore avers that she will be susceptible to future injury as a
result of the injuries sustained.
17. As a result of the injuries sustained, the Plaintiff missed work and continues to have
limitations in her earning capacity. The total amount of this loss is unascertained at this time.
18. As a result of the injuries sustained,the Plaintiff has had to incur medical treatment and
medical expenses in the past and into the future. The total amounts of these expenses are
unascertained at this time.
19. As a result of the injuries sustained, the Plaintiff has had to change her personal activities
on a permanent basis.
WHERFORE,the Plaintiff prays this Honorable Court enter judgment against the
Defendants in an amount less than Fifty Thousand Dollars($50,000), an amount requiring
compulsory arbitration.
Respectfully Submitted,
By:
oseph J. Dixon, Esquire
Attorney ID No. 28290
125 State Street
Harrisburg,PA 17101
(717)236-8515
Attorney for the Plaintiff
Dated: f7/73
•
VERIFICATION
I verify that the statements made in this C -(/J/4--,1 Au , are true and
correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
Dated: 10/2,7i
Ok■Ca_9_1_ Ir\SL123-0
CERTIFICATE OF SERVICE
I, Joseph J. Dixon, Esquire hereby certify that I served a true and correct copy of the
foregoing document this day by depositing the same in the United States mail, first class,
postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed to:
BUZGON DAVIS LAW OFFICES
ATTENTION: TIMOTHY J HUBER
P.O. BOX 49
525 SOUTH EIGHTH STREET
LEBANON, PA 17042
By: -----�
Joseph J. Dixon, Esquire -
Attorney ID 28290
126 State Street
Harrisburg, PA 17101
(717) 236-8515
Attorney for the Plaintiff
Date: October 7, 2013
P^,dlh`1 I igation\Elizabethtom-n Insurance Company ASanto`,;Answer,docx - 11;5.'13 11.12 AM
Timothy J. Huber, Esquire Attorneys for
Attorney I.D. #47231 Defendants, Michael and Jean Homer
BUZGON DAVIS LAW OFFICES
525 South Eighth Street-Post Office Box 49
Lebanon, PA 17042-0049
(717)274-1421 Fax: (717) 274-1752
E-mail: huber @buzgondavis.com
ANGEL NEAL, • IN THE COURT OF COMMON PLEAS OF
•
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA,
•
vs. • CIVIL TERM rn :".7v
, l •
: .�
ROBERT SANTO and HELEN • NO. 13-5121 ``'�
SANTO, his wife : ; =``
n n
and : >
MARILYN SANTO and their
•
Successors and Assigns • =-+
r
•
Defendants
NOTICE TO PLEAD
To Plaintiff and co-Defendants: You are hereby notified to file a written response to the enclosed
New Matter and Crossclaims within twenty (20) days from service hereof or a judgment may be
entered against you.
ANSWER
AND NOW, comes the Defendant, Marilyn Santo, by her attorneys, Buzgon Davis Law
Offices, and respond to Plaintiffs Complaint, averring as follows:
1. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averment and it is,therefore, denied.
2. Denied. Robert Santo died on March 31,2012.
3. Denied. Helen Santo died on September 23, 1971.
4. Admitted.
5. Denied as stated. As of September 6,2011,the sole owner of the property located
at 920 Bella Vista Drive,Enola, Pennsylvania,was Robert Santo.
6. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averment and it is,therefore, denied.
7-8. Denied. After reasonable investigation,Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averment and it is,therefore, denied.
9. Admitted upon information and belief.
10. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averment and it is,
therefore, denied.
11. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averment and it is,
therefore, denied.
12-13. Denied.
14-19. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averment and it is,
therefore, denied.
BUZGON DAVIS LAW OFFICES
BY:
Ti othy J. Huber, Esquire
Attorney I.D. #47231
525 South Eighth Street
Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421
E-mail: huber @buzgondavis.com
Attorneys for Defendants
-2-
VERIFICATION
I, Marilyn Santo, do hereby verify that I am the Defendant in the within action, and
that the facts set forth in the foregoing Answer are true and correct to the best of my 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 falsifications to authorities.
Dated: / / 3 / / / 3
Marilyn Santo
ANGEL NEAL, • IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. • CIVIL TERM
ROBERT SANTO and HELEN • NO. 13-5121
SANTO, his wife
and •
MARILYN SANTO and their •
Successors and Assigns •
Defendants •
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF LEBANON )
I, AMY SHOLLEY, an employee of Buzgon Davis Law Offices, 525 South Eighth
Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn
according to law, depose and say that I mailed on November 5, 2013, by regular mail, in a
postpaid envelope, a true and correct copy of DEFENDANT, MARILYN SANTO'S, ANSWER
TO PLAINTIFF'S COMPLAINT, the original of which was mailed on November 5, 2013, for
filing in the Office of the Prothonotary of Lebanon County, Pennsylvania to Joseph Dixon,
Esquire, 126 State Street, Harrisburg, PA 17101, Attorney for Plaintiff
I/
(AM`i SHOLLEY) I
Sworn to and subscribed
before me this 5th day
of November,A.D.,2013.
t‘/ I COMMONWEALTH OF PENNSYLVANIA
(// Notarial Seal
Linda I.O'Neil,Notary Public
Notary Public City of Lebanon,Lebanon County
y myCornmission Ex ires Jul 3 2015
S NV-0, 1-A A lON OF NOTARIES
IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO. UNTY,
ANGEL NEAL
:Z
en
Vs . NO. 13-5121 -_
ROBERT SANTO, ET AL
CERTIFICATE `-
v�� 7
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena (s) for documents and things
pursuant to Rule 4009 .22 TIMOTHY J HUBER, ESQUIRE certifies that :
1 . A Notice of Intent to Serve the Subpoena (s) with a copy of
the subpoena (s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena (s) is sought to be served,
2 . A copy of the Notice of Intent, including the proposed
subpoena (s) is attached to this certificate,
3 . No objection to the subpoena(s) has been received, and
4 . The subpoena (s) which will be served is identical to
the subpoena (s) which is attached to the Notice of Intent
to Serve the Subpoena (s) .
Date: 11/08/13 TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
717-274-1421
"''"" , q ATTORNEY FOR DEFENDANT
INQIIIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Dawn Smith
MLR File #: M415903
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ANGEL NEAL
Vs .
ROBERT SANTO, ET AL No. 13-5121
TO: JOSEPH DIXON, ESQ (PLAINTIFF)
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena (s) identical to
the one (s) attached to this notice . You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 10/18/13 TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Tara Yeager
Enc (s) : Copy of subpoena (s)
Counsel return card
File # : M415903
COARMDNWE'ALTH OF PER SYLVANSA
COUNNrY OF CLDEER'.0 AND
ANGEL NEAL
Vs . File No. 13-5121
ROBERT SANTO, ET AL ,
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
MED STAFFERS, 19 BROOKWOOD AVE #103 , CARLISLE PA 17013
TO: ATTN: PERSONNEL DEPARTMENT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
SEE ATTACHED ADDENDUM -�
at
MEDICAL LEGAL REPRODUCTIONS(,Adggss}4940 DISSTON ST. , PHILA. , PA
You my deliver or mail legible copies of the documents or produce things requested h;
this subpoena, together with the certificate of cce7piiance, to the party making thi
request at the address listed above. You have the right to seek in advance the rea.onable
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty
(20) days after its sery:ce, the party serving th i.> subpoena may seek a court orde:-
cxxnpe l l i ng you to camp 1 y with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: TIMOTHY J HUBER, ESQ
ADDRESS: _ E;2R 9 RTH ST
Ok 7042
TELEPHONE:
SUPREME COURT ID 215-335-3212
ATTORNEY FOR: 47231
DEFENDANT
BY THE COURT:
M415903-01 i
jolaq '2 Proth&My/Clerk, Civil Division
DATE: , F
Seal of the Court
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
ANGEL NEAL
Vs .
No. 13-5121
ROBERT SANTO, ET AL
CUSTODIAN OF RECORDS FOR: MED STAFFERS
ENTIRE PERSONNEL FILE, INCLUDING BUT NOT LIMITED TO, ALL MEDICAL
RECORDS, WORKERS COMPENSATION RECORDS, OR OTHER DOCUMENTS, RELATING
TO ANGEL NEAL.
PERTAINING TO:
NAME: ANGEL NEAL
ADDRESS : 1939 MULBERRY ST HARRISBURG PA
SSAN: XXXXX
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Authorized signature for
MED STAFFERS
CUMBERLAND
M415903-01
* * * SIGN AND RETURN THIS PAGE
F:\d1b''1,itigation\Elizabethtow=n Insurance Company\Santo\Answer.docx - 10%24/13 4:22 PM
ANGEL NEAL, • IN THE COURT OF COMMON PLEAS OF
•
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
•
vs. • CIVIL TERM
•
ROBERT SANTO and HELEN NO. 13-5121 -r
SANTO, his wife • =
and • 2.11 CD '
MARILYN SANTO and their • c ';
Successors and Assigns :
Defendants • x� ,
C, f_J .:;
STIPULATION N
The undersigned parties, representing all participating parties in this litigation, stipulate -
and agree that Robert Santo and Helen Santo may be dismissed as Defendants in the case.
BUZGON DAVIS LAW OFFICES
BY: BY: //_ t
Timothy J. ber, Esquire Jose8 i ixon, Esquire
Attorney I.D. #47231 Attorney I.D. # 28290
525 South Eighth Street 125 State Street
Post Office Box 49 Harrisburg, PA 17101
Lebanon, PA 17042-0049 (717) 236-8515
(717) 274-1421
Fax: (717) 274-1752
E-mail: huber @buzgondavis.com
Attorneys for Defendant, Marilyn Santo
dllh`i ulation [o,tirari,+°Cinnp.ov,5auuo,Attidtn it ofs'ei\ to Qrtler and -1 I 251, (u
ANGEL NEAL, IN THE COURT OF COMMON PLEAS OF
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
vs. • CIVIL TERM
•
ROBERT SANTO and HELEN • NO. 13-5121
SANTO,his wife •
and •
MARILYN SANTO and their •
Successors and Assigns •
Defendants •
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF LEBANON )
I, AMY SHOLLEY, an employee of Buzgon Davis Law Offices, 525 South Eighth Street,
Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, Marilyn Santo, being duly
sworn according to law, depose and say that I filed on November 25, 2013, in the Office of the
Prothonotary of Cumberland County, Pennsylvania,the original and three true and correct copies of
a STIPULATION and proposed ORDER and that I provided the Prothonotary with a stamped
envelope addressed to Joseph Dixon, Esquire, 125 State Street, Harrisburg, PA 17101, attorney for
Plaintiff.
//'
AMY SH?` LEY
Sworn to and subscribed
before me this, Tday
of November,A.D., 2013.
•� Ci PMMC)WWEALTH of PENNSYLVANIA
Notarial Seal
Linda I.O'Neil,Notary Public
City of Lebanon,Lebanon County
� My_ComrissL n Expires July 3,2015 Public M.E iOtlit VANfA
ASSOCIATION OF NOTARIES
ANGEL NEAL, • IN THE COURT OF COMMON PLEAS OF
•
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
vs. • CIVIL TERM
ROBERT SANTO and HELEN • NO. 13-5121
SANTO,his wife •
and •
MARILYN SANTO and their •
Successors and Assigns •
Defendants •
ORDER
AND NOW, this 3'' day of )e.d....im-f , 2013, upon consideration of the
parties' Stipulation, Robert Santo and Helen Santo are dismissed as Defendants in the case.
By the Court J.
rrl
ar°e-S /12-43 71 r.--1 1 4;
cio
1944/
/42/13 `
-2-
ANGEL NEAL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL TERM
ROBERT SANTO and HELEN NO. 13-5121
SANTO,his wife
and I
MARILYN SANTO and their a` Cr
Successors and Assigns C--,, 7?
Defendants , -_
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
)ss:
COUNTY OF LEBANON )
I, AMY SHOLLEY, an employee of Buzgon Davis Law Offices, 525 South Eighth
Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn
according to law, depose and say that I mailed on Decemberr 4, 2013, by regular mail, in a
postpaid envelope, a true and correct copy of DEFENDANT, MARILYN SANTO'S,
INTERROGATORIES AND REQUEST FOR DOCUMENTS ADDRESSED TO PLAINTIFF
to Joseph Dixon, Esquire, 126 State Street, Harrisburg, PA 17101, Attorney for Plaintiff.
( SHOLLEY)
Sworn to and subscribed
before me this e day
of December,A.D., 2013.
MtMQ !6 L11T4 tit AWSYLVANIA
Motar[a!Seat
Notary Public Lindy L o'NEll,Notary P�3,2015 ic
OtY of Lebanon,Lebanon nty
M Y CommE,slan Exp#res July
MEMBER,PEN 51 Vf0hA AS RATION OF NOTARIES
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ANGEL NEAL
Vs . -°a ...-A
NO. 13-5121 --
-r5
ROBERT SANTO, ET AL
CERTIFICATE 'r
0-
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22 cam?
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009 .22 TIMOTHY J HUBER, ESQUIRE certifies that :
1 . A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena (s) is sought to be served,
2 . A copy of the Notice of Intent, including the proposed
subpoena (s) is attached to this certificate,
3 . No objection to the subpoena(s) has been received, and
4 . The subpoena(s) which will be served is identical to
the subpoena (s) which is attached to the Notice of Intent
to Serve the Subpoena (s) .
Date: 02/18/14 TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
717-274-1421
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Jessica Brunkel
MLR File #: M418405
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ANGEL NEAL
Vs .
ROBERT SANTO, ET AL No. 13-5121
TO: JOSEPH DIXON, ESQ (PLAINTIFF)
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RUDE 4009.21
DEFENDANT intends to serve a subpoena (s) identical to
the one (s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 01/28/14 TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jessica Brunkel
Enc (s) : Copy of subpoena (s)
Counsel return card
File # : M418405
• COM DNWEALTH OF PENNSYLVANIA
COUNTY OF C[JM ERIAM
ANGEL NEAL
Vs . File No. 13-5121
ROBERT SANTO, ET AL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
CGH CLAIMS SERVICE INC, OBO PENN COMMONWEALTH CAS AMER, PO BOX 216
TO: JENKINTOWN PA 19046
(NaTe of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docents or SEE things:
at
MEDICAL LEGAL REPRODUCTIONS(,AdW99s)4940 DISSTON ST. , PHILA. , PA
You may deliver or mail legible copies of the documents or produce things requester! 5�
this subpoena, together with the certificate of caTpiiance, to the party making thiE
request at the address listed above. You have the right to seek in advance the rea.onablr
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,
cxnipe 11 i ng you to ccnp 1 y with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGIWING PERSON:
NAME: TIMOTHY J HUBER, ESQ
ADDRESS: — 5 2 g 3_TI4 g T
x-17042
TELEPHONE:
SUPREME COURT ID # 215-335-3212
ATTORNEY FOR: 47231
DEFENDANT
BY TI-E COURT.,
M418405-01 , --:
DATE:
3 -I Prothonotary/Clerk, Civi ivision
Seal of he Court
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
ANGEL NEAL
Vs .
No. 13-5121
ROBERT SANTO, ET AL
CUSTODIAN OF RECORDS FOR: CGH CLAIMS SERVICE INC
ANY AND ALL WORKERS COMPENSATION RECORDS .
PERTAINING TO:
NAME: ANGEL NEAL
ADDRESS : 1939 MULBERRY ST HARRISBURG PA
SSAN: XXXXX
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] REWORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Authorized signature for
CGH CLAIMS SERVICE INC
CUMBERLAND
M418405-01
* * * SIGN AND RETURN THIS PAGE
F: \dlb \Litigation\Elizabethtown Insurance Company \ Santo \Motion for summary judgment.docx - 3/11/14 4:14 PM
Timothy J. Huber, Esquire
Attorney I.D. #47231
BUZGON DAVIS LAW OFFICES
525 South Eighth Street -Post Office Box 49
Lebanon, PA 17042 -0049
(717) 274 -1421 Fax: (717) 274 -1752
E -mail: huber@buzgondavis.com
fF'G;i(1 )fa k
?`1114 F fx l? 17 PH 2: 40
C'-1MS ,RL, AND COUNTY
r ENNS YLVANIA
Attorneys for Defendants
ANGEL NEAL,
Plaintiff
vs.
ROBERT SANTO and
HELEN SANTO, his wife, and
MARILYN SANTO,
and their successors,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
NO. 13 -5121
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
AND NOW, comes the Defendant by her attorneys, Buzgon Davis Law Offices, and files
this Motion for Summary Judgment, respectfully averring as follows:
1. Plaintiff initiated this claim by a Writ of Summons filed on August 30, 2013.
2. Thereafter, Plaintiff's Complaint was filed on October 7, 2013.
3. Plaintiff alleges that she fell and was injured on September 6, 2011, while providing
home healthcare services for Robert Santo at 920 Bella Vista Drive.
4. Plaintiff named "Robert Santo and Helen Santo, his wife, and Marilyn Santo" as the
Defendants in this action.
5. In actuality, Helen Santo was the mother of Robert Santo; and Marilyn Santo was
the wife of Robert Santo.
6. Helen Santo and Robert Santo, mother and son, respectively, acquired the home at
920 Bella Vista Drive where the alleged injury occurred by Deed dated 1967; a true and correct
copy of the said Deed is attached hereto as Exhibit "A".
7. Helen Santo passed away on September 23, 1971, leaving Robert Santo as the sole
owner of 920 Bella Vista Drive; a true and correct copy of Helen Santo's Certificate of Death is
attached hereto as Exhibit "B".
8. At the time of the alleged injury, on September 6, 2011, Robert Santo resided at 920
Bella Vista Drive with his wife, Marilyn Santo.
9. At the time of the alleged injury, Robert Santo remained the sole owner of 920 Bella
Vista Drive.
10. At the time of the alleged injury, Marilyn Santo had no ownership in 920 Bella Vista
Drive.
11. On March 31, 2012, Robert Santo passed away; a true and correct copy of Robert
Santo's Certificate of Death is attached hereto as Exhibit "C".
12. On November 6, 2013, Marilyn Santo filed an Answer to Plaintiff's Complaint
averring that as of September 6, 2011, the sole owner of 920 Bella Vista Drive in question was
Robert Santo.
13. As both Helen Santo and Robert Santo were deceased at the time of filing, by Order
dated December 3, 2013, this Honorable Court dismissed Robert Santo and Helen Santo as
Defendants in this matter, leaving Marilyn Santo as the sole Defendant.
14. Plaintiffs Complaint avers that the Defendants have an ownership interest in the
property. See Plaintiff's Complaint, ¶15.
15. Plaintiff's theory of liability is that Defendant was negligent:
(a) In failing to properly maintain steps of a residence;
(b) In failing to provide a safe passage for a home healthcare representative
coming to a home to care for a resident;
(c) In failing to properly post warning signs of a hazardous condition on the
steps;
(d) In failing to repair broken or deteriorated steps;
(e) In failing to conduct proper maintenance of stairs leading to a home;
(f) In failing to properly supervise people assigned and/or hired to maintain said
steps; and
(g) In failing to inspect the steps for hazardous conditions.
See Plaintiffs Complaint, ¶12.
16. Helen Santo's ownership interest of 920 Bella Vista Drive is a matter of public
record.
17. Robert Santo's ownership interest of 920 Bella Vista Drive is a matter of public
18. Marilyn Santo's ownership interest of 920 Bella Vista Drive is a matter of public
19. As Marilyn Santo was not an owner or possessor of 920 Bella Vista Drive prior to or
on the date of the alleged injury, no duty exits and she can have no liability.
20. The pleadings are closed.
record.
record.
21. There are no genuine issues of material fact.
22. Summary Judgment is proper because Marilyn Santo owned no duty to Plaintiff.
WHEREFORE, Defendant, Marilyn Santo respectfully requests your Honorable Court to
grant this Motion for Summary Judgment and dismiss Plaintiff's Complaint.
BUZGON DAVIS LAW OFFICES
BY:
Timo y J. Huber, Esquire
Attorney I.D. #47231
525 South Eighth Street
Post Office Box 49
Lebanon, PA 17042-0049
Phone: (717) 274-1421
Fax: (717) 274-1752
E-mail: huber@buzgondavis.com
Attorneys for Defendant
this
Mode the 7 �A day of a cry ,in the year
Nineteen hundred and sixty -scorn ' (1954
liatl D HELM SANTO, widow, of the Township of East Pennsboro, County of
Cumberland and State of Pennsylvania •
AND
MSS SANTO and BOWERY J. SANTO,_ as joint tenants with the right of
survivorship, and not $s teneuta in cemmn, of the Township of East Pennsboro,
County of Cumberland and State of Penn 1vania, Grantees
TOitntSS(Ih, that in consideration of one (41 00) _______
in hand paid. the receipt wherrof is hereby acAt.owtedged, the said Grantor does
e>cbygrant and wintry to the said Grantee a, thoj r heirs and assigns, •
as joint tenants with the right of survivorship, and not as tenants in eoomon,
ALL THAT CERTAIN tract or piece of land Situate in the Township of East Penndboro,
County of Oamberlard and State of Pennsylvania, more particularly bounded and
described as follow*, to wits
BETIh"Nl2tti at a point, thence in a westerly direction along land formerly of Cyrus
Brady now tbnntai a Road, a distance of One Hundred Ninety -nine and. fiver- tenths
(199.5) feet to land formerly of Alas B. Leiby; thence in a northerly direction
along said land formarly of aELtae B Laity, a distance of lour Hundred Eight (1di8)
feet, more or leas, to land row or formerly or John Road; thence in an easterly
direction, a dietanoe of One Hundred Ninety -nine and five- tenths (199.$) feet to
land formerly of SLias B. Leiby; thence in a southerly direction along said land
formerly of ELiae B. Leiby, a distance of Four Bond od Eight (la) feet to a point,
the place of HDlIN'NTEG.
CONTAINING two (2) acres, more or leas.
AND BEING !mown as Lot No. 1. In Plan of Iota laid out by &liar B. Leiby.
Bt.RO the sane premises which Helen Santo et al by their deed dated the- 7th day
of January , 1967 , and recorded in the Cumberland County Recorder/a Office
in 1bod.Book 'F' , 'Volume 22 , Page 655, granted and conveyed unto Helen
Santo, Grantor herein.
THIS is a conveyance between psreat and children and tdthout Consideration.
2200 379
i G •C
•
•
90334 d0
ti
0
EXHIBIT
n
t I.ILAS .li1LIItLJD.J.. 76 HI !IINJISJ,6.LL I.lI.fl1 TII.J6ll. ltJ LIIIU .
.. .. -_1 1 -n #1,4.41/111.11.111.1111 III MIMI 1.
W>il Warrant gene a13y the .property hereby
Grantor has hereunto' set her hand_
first above written.
de.
igned. Sealed and Delivered
in the presence of
Commontolt of pengiteda
6DuBt1 of G•Ge+�
On this, the
19t f before me
personally appeared
EEL1 f SANTO,
iafaetor$y proven) to be the person whose name subscribed todhe within
legged that J2 he executed the same or the purpose therein contained,
FOP, I have hereto set my hand • 77- Beet.
iutiC
pow r.4,•1y4 UT
CT COWuSSMth
t the precise address of the grantee herein is
Mounted Route 2, &role, Perm 1 w � 4246
Astonw3 fog
in the Office for Recording of Dean in and
in Deed Book. No s
sui._379 Etc' •
MI= my hand and seal of office this /.�ti/
soy 01L-7/744e- An" *mini "4
380
MS/ 11)
this is to certify that this is a true of the record which is on file in the Pennsylvai..._ Department of Health, in accordance with
the Vital Statistics Law of 1953, as amended.
WARNING: It Is illegal to duplicate this copy by photostat or photograph.
7486872
No.
lctn;,,, V6.Marina O'Reilly Matthew
State Registrar
JUL 2 2 2013
Date
,
1040 t6M Atab ,F.11/441.51.
r. ORNMir MR3Mirfli^ MiTIRCRWW4C7.4?'
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph. '
ee for this certificate, $6.00
P 18 35333
Certification Number
Type/Print in
Penna. nt
84,041 (0541
This is to certify that the information here given i!
correctly copied from an original Certificate of Deatt
duly filed with me as :Local Registrar. The original
certificate will be forwarded to the State Vita-.
Records Office for permanent filing.
kr,(4, h /4 3 'IA
Local Registrar
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VJTAL RECORDS
CERTIFICATE OF DEATH
1.
5a-
8a.
9.
12.Father's
a it
m
mi
m
h=
Decedent's Legal N,,+,me (First, Middle, Last, Suffix)
Kober)• Tarn'es Santo
2.5ex
tv1
3.5odal4ecorty Number
195 -3a- H
4. Date of Death (Mo /Day/Yr)(Spell Mo)
march 3l, aola
Age-jast Birthday (rrs)
('� r
('
Sb. Under 1 Year
Sc. Under 1 Day
6. Date of Birth )MC /Day/Y ,r) (Spell Month)
,(.n ,(O s (� 'II
September
73. Birthplace (City and Stat far Foreign Country)
E. 21 0 0. , R
Months
0 ys
Hours
Minutes
7b.Blrhpace (Caunty)
0,,k('Y1bettand _
'
• - coca.
Res na irate or farehg4 Country)
g6. R sidence (Street and Number- Include Apt No.)
92.0 Befit Vista {)rive
..
80. Did Decedent live Ina Township?
decedent iwe n East PRnnsboro
MI Residence (County)
Curl, bzr l a n d
- . .
0No, decedent wed w hM i aim n dry) are.
Be. Residence (Zip Code) - ' l 7) . s -
Ever In US ed Forces?
❑ Yes No ❑ Unknown
10. Marital
❑ DI
Status at Time of Death ;gleamed 0 Widowed
stud ❑ Never Marred ❑Unknossm
11. Surviving Spouse's Name PIMA, give name prior to first marriage)
m ck 1'• ( I yr} W .Q. 1 S
Name (First, Middle, tali Suffix)
Fran K Santo
13. Mother's Name Pro. toffg1 Marriage (First, Middle, tart)
Helen J /ngle,
14a. Informant's Name
Mari Iyn Santo
14h. ReiatioA�hip to Decedent 140. Informant' s MallIrgPddreos(Street and Number,Gly, State, Zip Code)
4�'rk Sao Belle \jsfct- Drive.,Enoi(. pa )loa5
......«.......__ «. ».....: • 1Sa. Place of Derek titheckanl):.au..•j.....:.._..
Death OccurretlmaHoSplLahinpadent/ Death O¢urre65omewhCre Othr ThSna HbspFak1 HO5pi FadliryDecadtm'S Hame
' ❑Emergirayooam /OUtpabent ❑ Dead on Arrive/ '' ❑NUrdngHamt /LOng-Term0aFbdgty ❑ Other (Specify)
. Fadilty Name (It pot ins tion,glve street and number;
920 't3e71e tstA Drive.
15c. City or Town, 5tat[an Zip Code
Enb1Ci , PA, `!102.5
3541 County f Death
C,urn6,er!a ld
162. Method of Disposition b(, Curial ❑ 410em3OOn
❑AlmoYalfomsate ❑Dpnadm ..'.
❑ Other (spedh!
166.134080£ Disposition
{' 7 pi) 12,
160. Mace of Disposition (Name of cemetery, 00Cmatary, or other Mace) �°
u.I s Ev&n3e t �{j,
W U 041.0 -e6t it4
1641 Location of Olspas.BO.(Uty Or TOwn, State, and Dp)
EnOla) PPr 1'70x5
17 .Ag turc Funaai ttl�tns P on(0Charge of lot ent
P: (,et -
llb.0 Number
IFDbIa7'4SL .
17, Name and Complete Address of Tonal yc.. In (`y.,• -nei y1R��^L„ ,ts 1. 'a-IDS milers- Dow-1q FGnCra:l Toms �Ut(rta�O yi 3 i E' -t�1t� JtsC i i (it l It b �j, 1 rte:
111. Decedent's Eduction. Check the box that best descr0bes she
highest decree or level ofbrhool consigned at the time of death.
8th grade or(els
'❑ No diploma, 9th -11th grade
❑ High school graduate orGEDwmpleted
❑ Some college GedlL but no degree
❑ ASSOdate degree (eg. AA. AS)
❑ Bachelor's degree (e.g. 64, AB, 8S)
❑ Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA)
❑ Doctorate (e ;. PhD, Edo) or Professional degree
(e.g. MO, 001,0019.4110,20)
19, Decedent of Hispanic Origin . Check the
box that best describes whether the decedent
Is Spantsh/Hlspantr/UUno. Check the 'NO'
box it decedent N not Spanlshh(iO / "aM4L3Hna.
No, not 5panish/Hhpanlc/LatMa
0 Yes, Me..., Mexican Amenwn,ChFano
❑ Yes, Puerto Rican
❑ Yes, Cuban
0 Yes, other Spanhh/Hisp4nit/Lat9OO
(Spedlr)
20. Deced nth Race . Check ONE OR MORE raps to Indicate what
the decedent considered himself or herself to be.
leWhite ❑ Korean
❑ efecko Afrlon American ❑ Vietnamese
❑ American Indian or Mask. Native ❑ Other ASlan
❑ Asian Indian ❑Native Hawaiian
❑ Chinese ❑ Guamanian or Chamorro
❑ Filipino ❑ Samoan
❑ Japanese ❑ Other Pacific Islander
❑ Other ( pedfy)
21. Decedent's single Rea Self-Designatlon - Check ONLY 0HE to indicate what the decedent considered himself or he sell-to be.
Whits ❑ Japanese ❑ Samoan
❑BlackorAManAmerlcan ❑Korean ❑OtherPacificlsfaoder
❑ American Indian or Alaska 0atly[ ❑ Vietnamese ❑ Don'tOnow /Not Sure
❑Asian Indian ❑ Other Asian ❑Refused
❑ Chinese ❑ Nat. Hawaiian CI Other -A.0 y
223, Decedent', Usual Occupation • Indicate type of work
done during most of working Rte. DO NOT USE RETIRED.
45,8 . Dr bier
j 1 1< l% 1 y,�Y
22b, Kind of Business/Industry
FrG 1j11-1- PL r iQ y
❑ Filipino 0 Guamanian or Chamoro
sg,
Y
r
ITEMS 233.23dMUST BE COMPLETED
0Y'PERSON YMOPRONOUNCES OR
CERTIFIES DEATH
23a. Date Pronounced Dead)Mo/Day/yr) .
i)1CLY 1;1.. . 1 i� O /
1
23b. Signature or., on Pronouncing De th(Only when applicable)
+�J�
- "�C' Ie49 J
230 license Number -
n - : t>
juv.-s to 45�rs
23d, Date Signed (M...Y/Yr)
137 ((]
74.T Time of Death
lO :f V lh?s
25.W0s Medl 4Exammer or Coroner Contacted? ❑ Yes ❑ No
-' CAUSE OF DEATH .
26. Part j. Enter the chainol events -di eases, injuries, or complications -that direct] caused the death. DO NOT enter terminal events such as
? Approximate
cardiac arrest,
lines If necessary 1 Onfet to peach
1 !C>Pry
respiratory erred.W ventricular fibrillation without showing the etiology. DO NOT ABBREVIATE, Enter only one cause on. line. Add additional
CAUSE > 1 SC%P"&MIC. G9r1-0/ Ctr»Y ^
IMMEDIATE a.
(Final disease or condition Due to jot es 3 consequence o0:
resulting to death) C ".f0i✓A42- . .,, / w-s ip...S Owls 3 %C�-' r,
Sequenila(ty listwndltlons,,- Due to for as' 0004,005 nce o0): :
If yl dig* 040004 ,.
Baked on gne a. Enter the
UNDERLYING CAUSE '' 0o, to (ter asawnsequence afj: i '
(disease or Injury that..
Initiated the eYent4resufting d. - f
In death) LAST. Duets 4m asswnstquente oi)i _ _. _ - j -
26. Part I4. Enter other sl9 IB tcondltionscontributinngtode th Ind not t0sultn ginthe underlying ca..8NonI. Part I -
2t Was utopwper edi
❑ H'� .
P-NZ.. g. - 4A.S9O)t4..$ .. i�7 e •?"�� S•I C.FE." .
autopsy
28 W fte the cause '.`
to complete the cause of dea thi
❑ Yes ' ❑ No -
29.8 Retarder
❑ Not pregnant within Past year
❑ Pregnant at time at death
0 Not pregnen4 but pregnant within 42 days of death
❑ Not pregnant, but pregnant 43 days to 1 year before death
❑ Unknown IF (meant within the Past 3850
30. Did Tobacco Use Contribute to Death?
❑ Yes ,❑ Probably
❑ No aR u,u.rown
31. M3�07 o} Dm h
$"Flattest ❑ Homicide
❑ Accident ❑ Pealing liwestiga1on
❑Suicide 0 Could not be determined
32. Date of Injury )Mo /Day/U) )1pe0 Month)
33. Time of INury
34. Place of Injury (mg. home; construction shr tans; school)
35. location of injury (Street and Number, City, Sate, Zip Cole)
36, Injury at Work
❑ 0.1
❑ No
39a, Certifier (Check only
E}•C rtdMng physician
❑ Pronoundng g
❑ Medical Ex
37.It Transportation lnlury,SPedfy:
❑ 0,Wer/Operator ❑ P001000 im
❑ Passe0ger ❑ Other (Speolf).
38. Describe How injury Occurred:
andm,ner stated
at the time, date, and pace, and doe to the ousels) and Manner stated
my opinion, death �occurred at the time, date, and 0lace. and due to the comets) and manner dated
DU'leisa Q g a 1- '
one):
•To the best of my knowledge, death occurred due to theaust)s)
Cer4(ring physician - To the best of my knowledge, death occurre
Coroner -On the bads aloe and/or investigation, In
.•1. T (8 ofortl0er -:: license Number-0•5463 OL
'39h. N - - nd ZIP d. de . - • Completing Cauca of Death (Item 261 • - - - . -
.IArvES 1J.13A3ant.4+T'taza ' , e;i=.7RL 9,izessi- 9�4- .1777•t�
390. Date Sig (MoiDayj*r) -: -
t/ /3) 7e?1 -._
40. Registar's District Number
Ai a,la
41 Re " Ya t5 gnatua
tut, , -
42. Registrar File Date (Mo /043 Yr) -
cal f i�
43. Amendments
# 6 5 ho'.r�, sj.c�jdra, 1 FK t um if
n. nh,.a._...._ O7,9 357
0195.143
Date Issued'
ANGEL NEAL,
Plaintiff
VS.
ROBERT SANTO and HELEN
SANTO, his wife
and
MARILYN SANTO and their
Successors and Assigns
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
NO. 13-5121
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
)
COUNTY OF LEBANON
I, SHARON SECOGES, an employee of Buzgon Davis Law Offices, 525 South Eighth
Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn
according to law, depose and say that I mailed on March 13, 2014, by regular mail, in a postpaid
envelope, a true and correct copy of the DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT, the original of which was mailed on March 13, 2014, for filing in the Office of the
Prothonotary of Cumberland County, Pennsylvania to Joseph Dixon, Esquire, 126 State Street,
Harrisburg, PA 17101, Attorney for Plaintiff.
Sworn to and subscribed
before me this 13th day
of March, A.D., 2014.
(SHARO
SECOG
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Crystal L. Fisher, Notary Publk
Ctty of Lebanon, Lebanon County
My Commission Expires Aug. 27, 2017
mts4FFA. 45.5.73,7-Ar.3 " t•Ol'Ardr.‘
ANGEL NEAL,
Plaintiff
V.
ROBERT SANTO and
HELEN SANTO, his wife
And
MARILYN SANTO and their
Successors and Assigns
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 13-5121
CIVIL ACTION-LAW
Defendants Compulsory Arbitration
TO: Timothy J. Huber
Buzgon Davis Law Offices
PO Box 49
South Eighth Street
Lebanon, PA 17042
c?„.. - -
r
"r;
r•
PLAINTIFF'S ANSWERS ANSWERS TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
AND NOW, this 10'1 day of April, 2014, comes the Plaintiff, Angel Neal, by and through
her attorney, Joseph J. Dixon, Esquire, who respectfully responds to the Defendant's Motion for
Summary Judgment as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. After reasonable investigation prior to filing suit, the Plaintiff was unable to
ascertain the exact family relationship of the Santos. These facts are within the
exclusive knowledge and control of the Defendants, and proof of same is
demanded at trial.
6. After reasonable investigation, the Plaintiff is unable to ascertain the truthfulness
of this averment. Proof of the same is demanded at trial.
7. After reasonable investigation, the Plaintiff is unable to ascertain the truthfulness
of this averment, and proof is demanded at trial.
8. Denied. After reasonable investigation, the Plaintiff is unable to ascertain the
truthfulness of this averment, and proof of same is demanded at trial.
9. Denied. If the facts set forth by the Defendant are accurate, then Marilyn Santo,
widow of Robert Santo, resided with him at the property at 920 Bella Vista Drive.
By way of further additional answer, the Defendant, Marilyn Santo, had a marital
interest in the property and certainly an estate interest in the property, and she was
a legal occupier and possessor of the property.
10. Denied. Said averment is a conclusion of law, which requires no response. To
the extent, however, that a response is required, at the time of the injury, the
Defendant, Marilyn Santo, wife of the decedent, Robert Santo, was a legal
possessor and legal occupier of the property. By way of further additional
answer, the Defendant, Marilyn Santo, continued to reside in the premises
subsequent to her husband's death, and continues to reside there to this date,
showing constructive ownership of the property by paying taxes and utilities.
11. Denied. After reasonable investigation, the Defendant is unable to ascertain the
truthfulness of this averment.
12. Admitted.
13. Admitted.
14. Admitted.
15. Admitted.
16. Denied. Said averment is a conclusion of law, which requires no response.
17. Denied. Said averment is a conclusion of law, which requires no response.
18. Denied. Said averment is a conclusion of law, which requires no response.
19. Denied. Said averment is a conclusion of law, which requires no response. To
the extent, however, that a response is required, the Defendant, Marilyn Santo,
was an owner and possessor of the property at the time of the fall. She lived there
with her late husband, and continues to reside in the premises, continues to pay
taxes, and pays insurance premiums.
20. No response required.
21. Denied. To the contrary, there are multiple issues of fact in this case, and only
limited discovery has occurred.
22. Denied. Said averment is a conclusion of law, which requires no response. To
the extent, however, that a response is required, the defendant, Marilyn Santo,
was a possessor and /or occupier of the land, and had a duty to use reasonable care
in the maintenance and use of the land, and to protect business invitees from
foreseeable harm.
WHEREFORE, the Plaintiff prays this Motion for Summary Judgment be dismissed.
By:
Joseph J. Dixon, Esquire
Attorney I.D. No. 28290
126 State Street
Harrisburg, PA 17101
(717) 236 -8515
Attorney for the Plaintiff
VERIFICATION
I verify that the statements made in this Anctoefs 4-6 McAlcr) f'cr SjCr L , are true and
Judse..syse-r)
correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
Dated:
Ov%-0 tQc(0
CERTIFICATE OF SERVICE
AND NOW, this 10411 day of April, 2014, I, Joseph J. Dixon, Esquire,
hereby certify that I have served a true and correct copy of the foregoing ANSWERS TO
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, this day by depositing the same
in the United States Mail, first class, postage prepaid, in the Post Office at Harrisburg,
Pennsylvania, addressed to:
Date:
Timothy J. Huber
Buzgon Davis Law Offices
PO Box 49
525 South Eighth Street
Lebanon, PA 17042
The Law Office of Joseph J. Dixon, Esquire
By:
• fOSEPH J. DIXON, ESQUIRE
ATTORNEY ID 28290
126 STATE STREET
HARRISBURG, PA 17101
(717) 233-8757
ATTORNEY FOR PLAINTIFF
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.) c") r---0
-7- -L-- ---i
CAPTION OF CASE
-..... -1
(entire caption must be stated in full) ±
.:3
u,; —
Angel Neal -->
—, ‹.--
--, —0 ....g._ -
VS.
-,-4: ,---:
7' ( r")
.. 7-
Robert Santo and Helen Santo, his wife, .,r-
--; CA)
No. 2013 5121 .. rr,
Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Defendants' Motion for Summary Judgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Joseph Dixon, Esquire, 126 State St., Harrisburg, PA 17101
(Name and Address)
(b) for defendants:
Timothy J. Huber, Esquire, 525 S. 8th St, Lebanon, PA 17042
(Name and Address)
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
May 9, 2014
Date: April 11, 2014
Signature
Q\
Print your name
Defendant,
€sc.c.
arilyn Santo
Attorney for
INSTRUCTIONS:
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.
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.
41c1:75 PlDl
atitscooco
Ot8o450/
ANGEL NEAL,
Plaintiff
VS.
ROBERT SANTO and HELEN
SANTO, his wife
and
MARILYN SANTO and their
Successors and Assigns
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
NO. 13-5121
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF LEBANON
C-11)
(7.1
-70
(In
I, SHARON M. SECOGES, an employee of Buzgon Davis Law Offices, 525 South
Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly
sworn according to law, depose and say that I filed on April 11, 2014, in the Office of the
Prothonotary of Cumberland County, Pennsylvania, the original and three (3) true and correct
copies of PRAECIPE FOR LISTING CASE FOR ARGUMENT and that I provided the
Prothonotary with a stamped envelope addressed to Joseph Dixon, Esquire, 126 State Street,
Harrisburg, PA 17101, Attorney for Plaintiff.
Sworn to and subscribed
before me this ) day
of Prrrl I , A.D., 2014.
Not
Pub lie
SHARON M. SE OGES
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amy Sholley, Notary Public
City of Lebanon, Lebanon County
My Commission Expires Sept. 19, 2014
MEMBER, PENNSYLVANIA AssOCIATION OF N
ANGEL NEAL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION — LAW
ROBERT SANTO and
HELEN SANTO, his wife, and
MARILYN SANTO, and
Their successors,
Defendants
: NO. 13-5121 CIVIL TERM
IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS, P.J., EBERT and PECK, JJ.
ORDER OF COURT
AND NOW, this 9th day of May, 2014, upon consideration Defendant's Motion
for Summary Judgment and following a review of the briefs presented and oral argument
held on May 9, 2014, the Motion is denied.
4oseph J. Dixon, Esq.
126 State Street
Harrisburg, PA 17101
Attorney for Plaintiff
"Timothy J. Huber, Esq.
525 South 8th Street
P.O. Box 49
Lebanon, PA 17042-0049
Attorney for Defendants
:rc
BY THE COURT,
ilcL
Christ ee L. Peck,
-"‹
LO
•
r.rt
4,44'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ANGEL NEAL
Vs.
ROBERT SANTO, ET AL
NO. 13-5121
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 TIMOTHY J HUBER, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 07/01/14
cfr--)\(t_
MLR File #: M422972 .
TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49 1
LEBANON, PA 17042
717-274-1421
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940'DISSTON STREET
PHILADELPHIA PA 19135 c-)
(215) 335-4907
By: Jessica Brunkel r
r*7
r`3 •
cn r
C7 —r
CD 41
TttF`
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ANGEL NEAL
Vs.
ROBERT SANTO, ET AL
TO: JOSEPH DIXON, ESQ (PLAINTIFF)
No. 13-5121
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a
the one (s) attached to this notice.
from the date listed below in which
the undersigned an objection to the
made thesubpoena may be served.
Date: 06/10/14
Enc(s): Copy of subpoena(s)
Counsel return card
File #: M422972
subpoena(s)" identical to
You have twenty (2 0) days
to file of record and serve upon
subpoena.. If no objection is
TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jessica Brunkel
ANGEL NEAL
Vs.
ROBERT SANTO, ET AL
T TG.S P}! A T,
COUNTY OF allABERLAND
FileNo` 13-5121
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
MADDEN PHYSICAL THERAPY, 5425 JONESTOWN RD, HARRISBURG PA 17112
TO:
(Name of Person or Entity)
Within,twenty (20) days after service of this subpoena, you are ordered by the court to
produce the f o 1 l ow i ng documents ori ngITTA—--DDENDUM
at
(Address)
You may deliver. or mail legible copies of the documents or produce things requested b
this subpoena, together • with the certificate of compliance, to the party making thi
request at the address listed above. You have the right to seek in advance- the rea7onahle
cost of preparing the cop i es or producing the things sought.
to produce the documents or things required by this subpoena within twenty
its ser -v ; ce , the party serving th i subpoena may seek a court orde-
corply with it.
0 D± -SS
. , s£S iuca . p
If you fail
(20) days after
carpe l l i ng you to
THIS SUBPOENA WAS
NAME:
ADDRESS:
ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
TIMOTHY J HUBER, ESQ
525 S 8TH ST
LEBANON, PA 17042
TELEPHONE:
SUPREME COURT ID #
215-335-3217
-47231
ATTORNEY FOR:
DEFENDANT
M422972-01
DATE: atoll /:3.(2o,(171
Set of the Court
BY THE
(
lionotary/Clerk, Civil Division
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
ANGEL NEAL
Vs.
ROBERT SANTO, ET AL
No. 13-5121
CUSTODIAN OF RECORDS FOR: MADDEN PHYSICAL THERAPY
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME:
ADDRESS:
DATE OF BIRTH:
SSAN:
ANGEL NEAL
1939 MULBERRY ST HARRISBURG PA
03/10/83
XXXXX
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[
NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS
( ) X-RAYS
Date
CUMBERLAND
M422972-01
( ) PATIENT BILLING
( ) RECORDS / XRAYS have been destroyed
Authorized signature for
MADDEN PHYSICAL THERAPY
* * * SIGN AND RETURN THIS PAGE * * *
COMMONWEALTH OF PENNENLYANIA
•
COUNTY OF VIAND
ANGEL NEAL
Vs.
ROBERT SANTO, ET AL
File No. 13-5121
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
HOLY SPIRIT HOSP, 503 NORTH 21ST ST, CAMP HILL PA 17011
ATTN: MEDICAL RECORDS DEPT
TO:
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents ors ngATTACIwD-ADDENDUM
at
MEDICAL LEGAL REPRUDULI1ONs, Inc, 4940 DISSTUN ST., -HILA., PA
. (Address)
You may deliver or mail legible copies of the documents or produce things requested
this subpoena, together with the certificate of compliance, to the party making thin
request at the address listed above. You have the right to seek in advance the.rea.onablt
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 th i i subpoena may seek a court orde:-
ccnpelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT 'THE REQUEST OF THE FOLLOWING PERSON:
TIMOTHY J HUBER, ESQ
NAME:
ADDRESS:
TELEPHONE:
525 S 8TH ST
LEBANON, PA 17042
SUPREME CST ID ..
215 335 321')
4/231
ATTORNEY FOR:
DEFENDANT
M422972-02
DATE:
9�a.e / / f9
eal of the Court
BY THE COURT.
Prot honotary/Clem, Civil Division
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
ANGEL NEAL
Vs.
ROBERT SANTO, ET AL
No. 13-5121
CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP
Any and all hospital records, including microfilm, microfiche
emergency room. reports, x-ray reports, out-patient records physical
therapy records, and any other information pertaining to:
NAME:
ADDRESS:
DATE OF BIRTH:
SSAN:
ANGEL NEAL
1939 MULBERRY ST HARRISBURG PA
03/10/83
XXXXX
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
'been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS
( ) X-RAYS
Date
CUMBERLAND
M422972-02
( ) PATIENT BILLING
( ) RECORDS / XRAYS have been destroyed
Authorized signature for
HOLY SPIRIT HOSP
* * * SIGN AND RETURN THIS PAGE * * *
TO:
ANGEL NEAL
Vs.
ROBERT SANTO, ET AL
COMMONWEALTH LTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
File No. 13-5121
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
ORTHO INST OF PA, 3399 TRINDLE RD, CAMP HILL PA 17011
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents °rattngATTACRED ADDENDUM
at
MEDICAL LEGAL KLexODUCTIONS, INC, 4940 DISSTON ST., PHILA., PA
(Address)
You may deliver or mail legible copies of the documents or produce things requested bj
this subpoena, together with the certificate of carp 1 i ance, to the party making thi:
request at the address listed above. You have the right to seek in advance. the rea7,onabie
cost of preparing the copies or' producing the things sought.
If you fail
(20) days after
=pe l 1 i ng you to
THIS SUBPOENA WAS
NAME:
:
ADDRESS:
to produce the documents or things required by this subpoena within twenty
its service, the party serving this subpoena may seek a court ordee-
comply with it.
ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
TIMOTHY J HUBER, ESQ
525 S 8TH ST
LEBANON, PA 17042
TELEPHONE:
SUPREME COURT ID _
ATTORNEY FOR:
M422972-03
215-335-712
4723
DEFENDANT
DATE: 04 . /a . 0/c"
Se(l of the Court
BY THE COURT:
Protonotary/Clerk, Civil Division
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
ANGEL NEAL
Vs.
ROBERT SANTO, ET AL
No. 13-5121
CUSTODIAN OF RECORDS FOR : ORTHO INST OF PA
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: ANGEL NEAL
ADDRESS: 1939 MULBERRY ST HARRISBURG PA
DATE OF BIRTH: 03/10/83
SSAN: XXXXX
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Authorized signature for
ORTHO INST OF PA
CUMBERLAND
M422972-03
* * * SIGN AND RETURN THIS PAGE * * *
IN TIitE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY/4
614
PF�r? pi/f�
(
4-4,44 ,,1,4/0 �� 69
4 k44,4 Tr
NEAL
Vs.
NO. 13-5121
SANTO, ET AL
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 TIMOTHY J HUBER, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s)'which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 07/28/14
MLR File #: M423763
TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
717-274-1421
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Jessica Brunkel
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NEAL
Vs.
SANTO, ET AL
TO: JOSEPH DIXON, ESQ (PLAINTIFF)
No. 13-5121
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 07/03/14
Enc (s) : Copy of subpoena(s)
Counsel return card
File #: M423763
TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jessica Brunkel
r
ri
NEAL
Vs.
SANTO, ET AL
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
13-5121
File No.
SUBPOENA TO PRODUCE DOCUMENTS OR TH I NG3S
FOR DISCOVERY PURSUANT TO RULE 4009.22
HAMILTON HEALTH CTR, 110 S 17TH ST, HARRISBURG PA 17104
TO:
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents oSREi nASTTACHED ADDENDUM
at NC, 4940 DISSTON ST., PHILA., PA
(Address)
You may deliver or mail legible copies of the documents or produce things requested h�
this subpoena, together with the certificate of compliance, to the party making thin
request at the address listed above. You have the right to seek in advance the rea3onabl€
cost of preparing the copies or producing the things sought.
If you fail
(20) days after
compelling you to
THIS SUBPOENA WAS
NAME:
ADDRESS:
•.
to produce the documents or things required by this subpoena within twenty
its service, the party serving this subpoena may seek a court orde.-
carply with it.
I SSUEQI, ALM.RF( T )Flift) FOLLOW I NG PERSON :
525 S 8TH ST
LEBANON, PA 17042
TELEPHONE:
215-335-3212
SUPREME COURT !D.*,
ATTORNEY FOR: ~'
M423763-01
DATE:
4.7231
�, •
Seal: ifrthe Cour't'` t
BY THE COURT'
•
Prothonotary/Clerk, Civil Division
(Eff. 7/97)
NEAL
Vs.
SANTO, ET AL
ADDENDUM TO SUBPOENA
No. 13-5121
CUSTODIAN OF ' RECORDS FOR: HAMILTON HEALTH CTR
ANY AND ALL MEDICAL RECORDS FROM 1/1/06 TO 7/1/14.
PERTAINING TO:
NAME: ANGEL NEAL
ADDRESS: 1939 MULBERRY ST HARRISBURG PA
° DATE OF BIRTH: 03/10/83
SSAN: XXXXX3027
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced;
[ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and'that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS
(. ) X-RAYS
( ) PATIENT BILLING
( ) RECORDS / XRAYS have been destroyed
Date Authorized. signature for
CUMBERLAND
M423763-01
HAMILTON HEALTH CTR
* * * SIGN AND RETURN THIS PAGE * * *
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,rt
NEAL
Vs.
NO. 13-5121
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
SANTO, ET AL
4"3
i3
tv
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 TIMOTHY J HUBER, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 07/31/14
MLR File #: M424023
TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
717-274-1421
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Jessica Brunkel
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NEAL
Vs.
SANTO, ET AL
TO: JOSEPH DIXON, ESQ (PLAINTIFF)
No. 13-5121
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 07/10/14
Enc(s): Copy of subpoena(s)
Counsel return card
File #: M424023
TIMOTHY J HUBER, ESQUIRE
525 S 8TH ST
PO BOX 49
LEBANON, PA 17042
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, TM('
.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jessica Brunkel
TO:
CO `NWhAETH OF PENNSYLVANTk
COUNTY OF CUMBERLAND
NEAL
Vs File No. 13-5121
SANTO, ET AL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
KLINE FAMILY PRACT, 2601 NORTH 3RD ST, HARRISBURG PA 17110
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the f o 1 1 ow i ng documents orsnEr;gATTACHED -ADDENDUM
at
MEDICAL LEGAL REYKUUUC'riONS, INC, 4940 DT sluN Sr", el=ILA. ,
(Address)
You may deliver or mail legible copies of the documents or produce things requested h�
this subpoena, together with the certificate of compliance, to the party making thi
request at the address listed above. You have the right to seek in advance the rea.onab1e
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 ser -v : ce , the party serving th i _, subpoena may seek a court orde:-
ccnpe l l i ng you to camp l y with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
TIMOTHY J HUBER, ESQ
NAME:
ADDRESS:
525 S 8TH ST
LEBANON, PA 17042
TELEPHONE;
rn. ✓IIP'
SUPREME COURT ID #
ATTORNEY FOR:
M424023-01
215-335-3212
0
DEFENDANT
DATE: 11(19'�
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
(Eff. 7/97)
e
NEAL
Vs.
SANTO, ET AL
ADDENDUM TO SUBPOENA
No. 13-5121
CUSTODIAN OF RECORDS FOR: KLINE FAMILY PRACT
ANY AND ALL RECORDS FROM 1/1/06 TO THE PRESENT.
PERTAINING TO:
NAME: ANGEL NEAL
ADDRESS: 1939 MULBERRY ST HARRISBURG PA
DATE OF BIRTH: 03/10/83
SSAN: XXXXX3027
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS
( ) X-RAYS
( ) PATIENT BILLING
( ) RECORDS / XRAYS have been destroyed
Date Authorized signature for
CUMBERLAND
M424023-01
KLINE FAMILY PRACT
* * * SIGN AND RETURN THIS PAGE * *