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HomeMy WebLinkAbout05-0284 WILLIAM A. ADDAMS, ESQUIRE AITORNEYID # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 DucI("j\:..cALLOWAy..............................................r.......tn..tlle..Court.o{Commord5Ieas..or..... j Plaintiff! CUMBERLAND County Pennsylvania I,... VS. CIVIL ACTION - LAW Case No. OS - ~'I ~ ALL AMERICAN PLAZAS INC. and 1 EAGLE UNITED TRUCK WASH, LLC JURy TRIAL DEMANDED ! Defendants ~..........,...................................................,...................................................................................................................................................... e~u~cT~ NOTICE You have been sued in Court. If you wish to defend against the class 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 complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Court House I Court House Square Carlisle, Pa. 17013 717-240-6200 /fr/41/fW,.,. William A. Addams Attorney for Plaintiff AND now comes the plaintiff, RICK A. CALLOWAY, by his attorney, William A. Addams, and makes the following COMPLAINT 1. The plaintiff is Rick A. Calloway, an adult individual residing in Umatilla, Oregon. 2. The defendant All American Plazas Inc., is a corporation t/ a Gables of Carlisle, with its offices and principal place of business at 1240 Harrisburg Pike, Carlisle, Cumberland County, P A. The defendant, Eagle United Truck Wash, LLC, operates a truck wash on premises leased from the defendant, All American Plazas Inc. at the above address. 3. 4. On February 19, 2003, at about 7:30 P.M., the plaintiff arrived at Gables of Carlisle, in the course of his employment with Willis Shaw Express, Inc. He stopped his tractor trailer behind two trucks that were apparently parked and unoccupied. The truck wash was on his left. 5. There had been a heavy snow fall on February 16, 17, 2003, and the trucks were parked in a narrow path or driveway that had been plowed with snow and ice piled on either side. After waiting a while, the plaintiff began to walk toward the C Store to pay for his scale ticket. The plaintiff walked along the left side of the trucks, with the truck wash on his left. As he was by the first truck, it started to move. Knowing it would be turning left, the plaintiff tried to get out of the way, stepped onto the piled and rutted snow and ice, slipped and fell, and fractured his left hip. 6. 7. 8. The defendant, All American Plazas claims the incident occurred on premises leased to defendant, Eagle United Truck Wash. The plaintiff's injuries were caused by the negligence and carelessness of the defendants in: 9. a. Creating a plowed driveway through the snow, that was too narrow for pedestrian travel. b. Permitting ice to accumulate from the truck wash. c. Creating a condition of piled snow and ice that could not properly accommodate truck and pedestrian traffic. d. Permitting the dangerous condition to remain for an unreasonable length of time. e. Failing to warn the plaintiff of the dangerous condition. 10. As a result of the negligence and carelessness of the defendants, the plaintiff's sustained a left femoral neck fracture that was reduced with percutaneous pinning and which required surgical removal of the screws approximately one year later. 11. The plaintiff has incurred expenses of $32,910.12 for medical treatment to date. 12. As a result of his injury, the plaintiff has a loss of earnings of $36,857.13 to date. 13. The plaintiff has a permanent loss of earning capacity. 14. The plaintiff has undergone and will in the future undergo great physical and mental pain and suffering and loss of life's pleasures. 15. The plaintiff's injury and treatment has caused scars, which have caused permanent disfigurement." WHEREFORE, the plaintiff demands judgment against the defendants for an amount in excess of $25,000, plus interest and costs of suit. /~ J#J>>- Wi . am A. Addams Attorney for Plaintiff VERIFICATION Rick A. Calloway, hereby verifies that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 P A. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: December 2'1 ,2004 \.) l~ tv V( I ..c. - V( -.(J ~ -...J) ~ ~ "l SJ F- J "-"} t-; () t.-;;;) 11 ~., i" p'.j,i"~ 8 ">'-. ::::FS ...., VJ w :_~~~ -I _:.; -r) C,,.: (~ ?_C'j{-n ,":,;'" -,~;1 '" (:7' ,AJ < V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RICK A. CALLOWAY, Plaintiff ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, Defendant NO. 05-284 CIVIL ACTION-LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, All American Plazas, Inc., only, in the above-captioned case. Respectful1y Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: '/n(Dr BY: 0--- CHRISTOPHER M. REESER, ESQUIRE LD. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3509 Attorney for Defendant All American Plazas, Inc. (i ~'n c.... -,'-, " .;-,." ,~) --(; c " C) ~) - II 'I David Mills, Esquire Supreme Court No. 37192 Stetler & Gribbin 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506) Rick A. Calloway, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law All American Plaza's Inc. and Eagle United Truck Wash, LLC Defendants Case No. 05-284 Civil Term PRAECIPE FOR THE ENTRY OF APPEARANCE TO THE PROTHONOTARY, Curtis R. Long: Please enter the appearance of David Mills, Esquire of the law firm of Stetler & Gribbin as attorneys for Defendant, Eagle United Truck Wash, LLC, only. Respectfully submitted, D..,d .3 (f""(f~ dloos STE'f.I.;ER & GRIBBI .- .. / II CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE by first-class mail, postage prepaid on the following: William A. Addams, Esquire 27 West High Street, PO Box 261 Carlisle, PA 17013 All American Plaza's Inc. tJa Gables of Carlisle 1240 Harrisburg Pike Carlisle, PA 17013 \ & GRIBBIN Dated:G I ~\ u(u't c70:"16 CJ avid Ml Is, Esqu e Supreme Court No. 192 138 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Eagle United Truck Wash, LLC -:-'1 r''' Cj - -, <I - c-n - II ~ I. David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Defendant, Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term NOTICE TO PLEAD TO: Plaintiff, Rick A. Calloway c/o William A. Addams, Esquire 27 West High Street, PO Box 261 Carlisle, PA 17013 TO: Defendant, All American Plazas, Inc. c/o Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mills Road, Suite B Harrisburg, P A 17112 You are hereby notified to file a written response to the enclosed Answer of Defendant, Eagle United Truck Wash, LLC, with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: d2 , t~, cP""- ~ U' r- David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 13 8 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Eagle United truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INe. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ANSWER WITH NEW MATTER AND NOW, this 16th day of February 2005, comes Defendant, Eagle United Truck Wash, LLC, by its attorneys, Stetler & Gribbin, which answers the Complaint with New Matter and New Matter in the nature of a Crossclaim, as follows: I. Denied. After reasonable investigation, Defendant, Eagle United Truck Wash, LLC, is without knowledge or information sufficient to form a belief as to the truth of this averment. 2. Denied. After reasonable investigation, Defendant, Eagle United Truck Wash, LLC, is without knowledge or information sufficient to form a belief as to the truth of this averment. 3. Admitted. 4. Denied. 5. Admitted in part. There was a heavy snowfall on February 16, 2003 and February 17, 2003. Denied in part. The remainder of the averment is denied. 1 II I, 6. Denied. 7. Denied. 8. Denied. Afterreasonable investigation, Defendant, Eagle United Truck Wash, LLC, is without knowledge or information sufficient to form a belief as to the truth of the averment. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. WHEREFORE, Defendant, Eagle United Truck Wash, LLC, respectfully request this Honorable Court to enter judgment in its favor and against Plaintiff, dismissing the Complaint with prejudice. NEW MATTER 16. The allegations of fact contained in the answer are incorporated herein by reference thereto. 17. The pile of snow that had been plowed, onto which Plaintiff stepped, slipped, and fell, was obvious. 18. The pile of snow that had been plowed, onto which Plaintiff stepped, slipped, and fell, was known to Plaintiff. 19. Defendant, Eagle United Truck Wash, LLC, did not know that Plaintiff would not 2 . discover the pile of snow that had been plowed onto which Plaintiff stepped, slipped, and fell. 20. Defendant, Eagle United Truck Wash, LLC, through its employees, exercised reasonable care to protect invitees against danger. 21. Plaintiff, Rick A. Calloway, was not an invitee of Defendant, Eagle United Truck Wash, LLC. 22. Plaintiff, Rick A. Calloway, did not step, slip, or fall on property that Defendant, Eagle United Truck Wash, LLC, leased from Defendant, All American Plazas, Inc. 23. Plaintiff, Rick A. Calloway, had an alternative path that was free and clear of danger to him. 24. Plaintiff, Rick A. Calloway, was negligent in not looking where he was going. 25. Plaintiff, Rick A. Calloway, was negligent in stepping onto the pile of snow and ice that had been plowed. 26. The negligence of Plaintiff, Rick A. Calloway, was the cause of the injuries of which he complains, either barring him from recovery or limiting the recovery of an award of damages. 27. Plaintiff, Rick A. Calloway, voluntarily proceeded into the ice and snow, deliberately assuming the risk of harm to himself when he stepped from the path or driveway that had been plowed of snow and ice and onto the piled snow. 28. The injuries of which Plaintiff, Rick A. Calloway, complains were caused by persons over whom Defendant, Eagle United Truck Wash, LLC, had neither control nor the right to control. 29. Generally slippery conditions existed on February 19, 2003 at or about 7:30 p.m. in the County of Cumberland, Commonwealth of Pennsylvania. WHEREFORE, Defendant, Eagle United Truck Wash, LLC, respectfully requests this 3 L ;1 Honorable Court to enter judgment in its favor and against Plaintiff, Rick A. Calloway, dismissing the Complaint with prejudice. NEW MATTER IN THE NATURE OF A CROSSCLAIM 28. The allegations of fact contained in the Answer and New Matter hereinabove are incorporated herein by reference thereto. 29. Plaintiff, Rick A. Calloway, slipped and fell on property that Defendant, All American Plazas, Inc. owned, possessed, and controlled. 30. The injuries of which Plaintiff, Rick A. Calloway, complains are a direct result of the actions or omissions of Defendant, All American Plazas, Inc. WHEREFORE, Defendant, Eagle United Truck Wash, LLC, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, All American Plaza's Inc., for sole liability,joint and several liability, or liability over to it on claims of contribution and indemnity. Respectfully submitted, Dated: V2'/;"U610'S By: avid Mills, Esqu e Supreme Court No. 7192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Eagle United Truck Wash, LLC 4 VERIFICATION ,J;(/,.Ob,5 /.. Qhc;"J 7Y14N~ I, IIE.'.TIIER JOIHlg9ll-1, CQRt.vlld for Eagle United Truck Wash, LLC, a Colorado Limited Liability Company, state upon personal knowledge or information that I believe to be true that the facts in the ANSWER WITH NEW MATTER, are true. I understand that false statements herein are made subject to the criminal penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. EAGLE UNITED TRUCK WASH, LLC, A Colorado Limited Liability Company Dated: ;Z ~ IV ~ ,tJ;cJld/'lS L S2ln'ioT -fr{ I/A/~~ , '. I . . CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER by first-class mail, postage prepaid on the following: William A. Addams, Esquire 27 West High Street, PO Box 261 Carlisle, P A 17013 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 By: n,,,,, ~ 'a 6'_ avid Mi Is, Esquire Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Eagle United Truck Wash, LLC 5 , t:i 'B'.. ""!\ rtl <P c~ ~ , '3 r-/ ~ do;: .r:;.' %' ,.~.,---~-----~------ " WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ill # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 j'i.uciCA:..CALLOWAy.............................................T........li1..tlle..Couit'o[Common.Pleas..or..... 1 Plaintif( CUMBERLAND County Pennsylvania '" VS. !" CIVIL ACTION - LAW Case N o.()5".- J~ 'I c ,.. I : ALL Alv1ERICAN PLAZAS INC. and ' 1 EAGLE UNITED TRUCK WASH, LLC JURY TRIAL DEMANDED : Defendants: ~..................,...................................................,.............."....................^.................................................................................,........................ REPLY AND now comes the plaintiff, RICK A. CALLOWAY, by his attorney, William A. Addams, and makes the following Reply to New Matter of Eagle United Truck Wash 16. No answer required. 17. The conclusion of law is denied. 18. Denied in accordance with P A RCP. 1029 (e). 19. After reasonable investigation, the plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. The same is therefore denied. 20. The conclusion of law is denied. 21. The conclusion of law is denied. 22. The conclusion of law is denied. 23. Denied in accordance with P A RCP. 1029 (e). 24. The conclusion of law is denied. 25. The conclusion of law is denied. 26. The conclusion of law is denied. 27. The conclusion of law is denied. 28. The conclusion of law is denied. 29. Denied in accordance with P A R.CP. 1029 (e). WHEREFORE, the plaintiff requests the New Matter be dismissed. ~yJ'~~ William A. Addams Attorney for Plaintiff . Affidavit This verification is made pursuant to Pa. R.c.p 1024(c) by counsel for the plaintiff. To the best of the signer's knowledge, information and belief, the foregoing is true and correct. Dated: February 28, 2005 1-,~t~. William A. Addams Attorney for plaintiff T' 3 :r- t~ 5.... "3 = --p \ -- ..." -:3 v:> 'f":~ - RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-284 ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff Rick Calloway and his attorney, William A. Addams, Esquire and Eagle United Truck Wash, and their attorney, David Mills, Esquire You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN -, DATE: ;/ J (0 5 BY: ( /;Y--- CHRISTOPHER M. REESER, ESQUIRE !.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717) 651-3509 Attorney for All American Plazas RICKA. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 05-284 ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED DEFENDANT ALL AMERICAN PLAZA'S, INC.'S ANSWER TO THE COMPLAINT WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.c.P 2252 (d) 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 5. Admitted that there was heavy snowfall on February 16 and 17,2003. The remainder of the averment in paragraph 5 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (el. 6. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (el. 7. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (el. 8. Admitted. 9. The averment in paragraph 9 and subparagraphs 9 (a)-(e) are conclusions oflaw to which no responsive pleading is required. To the extent that the averment in paragraph 9 and subparagraphs 9 (a)-(e) are deemed to be factual, those averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 10. Denied that Defendant All American Truck Plazas, Inc. was negligent and/or careless. By way of further answer, the remainder of the averment in paragraph 10 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029 ( e). II. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 12. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 13. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 14. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 15. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). WHEREFORE, Defendant All American Truck Plazas, Inc. requests judgment be entered in its favor. NEW MATTER 16. Upon information and belief, the facts contained in the allegations in plaintiffs complaint occurred solely on property leased by Defendant Eagle United Truck Wash, LLC from All American Plazas, Inc. 17. Any duty owed to Plaintiff was a duty owed to Plaintiff solely by Eagle United Truck Wash, LLC. 18. Plaintiffs claims, or any amendment thereof, may be barred by the applicable statute of limitations. 19. Plaintiffs claim is barred or limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. 9 7102. 20. Any dangerous condition which existed on Defendant All American Plazas, Inc.'s property, which is specifically denied, was a condition which was open and obvious and therefore constituted a hazard which answering Defendant was under no duty to warn plaintiff. 21. Plaintiff's claim is barred by the doctrine of "hills and ridges." WHEREFORE, Defendant All American Truck Plazas, Inc. requests judgment be entered in its favor. NEW MATTER PURSUANT TO Pa.R.C.P 2252 (d) DEFENDANT ALL AMERICAN PLAZAS, INC. V. EAGLE UNITED TRUCK WASH, LLC 22. Paragraphs I to 21 of Defendant All American Plaza's Answer with New Matter are incorporated herein by reference as set forth at length. 23. It is believed and therefore averred that any injuries sustained by Plaintiff on the date referenced in Plaintiff's Complaint occurred on property leased by defendant Eagle United Truck Wash from Defendant All American Plaza's Inc. 24. At the time ofthe incident referenced in Plaintiffs Complaint, Defendant Eagle United Truck Wash was under a contractual obligation to maintain the premises that it leased from Defendant All American Plazas. Included in that obligation was the duty to remove snow and ice from the leased premises and common areas. 25. Defendant Eagle United Truck Wash has agreed to protect and to hold harmless Defendant All American Plazas from any and all claims or demands, suits, actions or causes of actions arising out of Eagle United Truck Wash's operation of its truck wash business on property leased by Eagle United from All American Plazas. 26. For the reasons set forth in Plaintiff's Complaint which are incorporated herein by reference without adoption, Defendant Eagle United Truck Wash is solely liable to Plaintiff or jointly and severly liable to Plaintiff with Defendant All American Plazas, Inc., any liability on the part of Defendant All American Plazas being specifically denied. 27. For the reason set forth in Plaintiffs Complaint which are incorporated herein without adoption, and in Defendant All American Plaza's New Matter, Defendant Eagle United Truck Wash is liable over to Defendant All American Plazas and therefore a claim for contribution is made. 28. Defendant Eagle United Truck Was is liable to Defendant All American Plazas under a contractual obligation set forth in a lease agreement between the defendants and Defendant All American Plazas makes a contractual claim for indemnification, defense, attorney's fees and costs from Eagle United Truck Wash. WHEREFORE, Defendant All American Plazas, Inc. request judgment be entered in it's favor and against Defendant Eagle United Truck Wash, LLC. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 3/;z(05 BY: CHRISTOPHER M. REESER, ESQUIRE J.D. No. 73632 4200 Crulls Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiff's Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiff's Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiff's Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiff's Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. By#//I${'tf;~~ f(/C-IIAt<.!j /?lIt'S I,?el< J PJi!;;;'/~N 7" DATE: RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-284 ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of March 2005, I served a copy of the foregoing documents to Plaintiffs counsel via First Class United States mail, postage prepaid as follows: William A. Addams, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Attorney for Rick Calloway David Mills, Esquire STETLER & GRIBBIN 138 East Market Street P.O. Box 2588 York, PA 17405-2588 Attorney Eagle United Truck Wash ristopher M. Reeser -. _.,"~ CJ ~n :;:J ,. (,) r.., c> RICKA. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-284 ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, CIVIL ACTION-LAW JURY TRIAL DEMANDED Defendant NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, All American Plazas, Inc., served Interrogatories, Expert Interrogatories and Request for Production of Documents addressed to Plaintiff, Rick A. Calloway, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the lft~ day of March, 2005. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ~~(D"- BY: PHER M. REESER, ESQUIRE Attorney J.D. # 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 171]2 (7] 7) 651-3509 Attorney for Defendant All American Plazas, Inc. RICKA. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 05-284 ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Wil1iams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this Lfth day of March, 2005, I served a copy of the foregoing documents to counsel via First Class United States mail, postage prepaid as fol1ows: William A. Addams, Esquire 27 West High Street P.O. Box 26] Carlisle,PA 170]3 Attorney for Rick Calloway David Mills, Esquire STETLER & GRIBBIN 138 East Market Street P.O. Box 2588 York, PA ]7405-2588 Attorney Eagle United Truck Wash ~ft.~)~~) SUSAN M. WILLIAMS --- (,: c'. - ~. ... SHERIFF'S RETURN - REGULAR CASE NO: 2005-00284 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALLOWAY RICK A VS ALL AMERICAN PLAZAS INC ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ALL AMERICAN PLAZAS INC DEFENDANT was served upon the , at 1533:00 HOURS, on the 14th day of January 2005 at 1240 HARRISBURG PIKE CARLISLE, PA 17013 THELMA ISAAC, MANAGER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.44 .00 10.00 .00 32.44 Sworn and Subscribed to before U' .) 'I - me this day of j L/et u~1' I / ~P-'- () 'rk,pp,,/,~ P othonotary ~(Jb{ A.D. So Answers: .r~~~ R. Thomas Kline 01/18/2005 WILLIAM A ADDAMS SHERIFF'S RETURN - REGULAR CASE NO: 2005-00284 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALLOWAY RICK A VS ALL AMERICAN PLAZAS INC ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE EAGLE UNITED TRUCK WASH INC DEFENDANT was served upon the at 1240 HARRISBURG PIKE , at 1533:00 HOURS, on the 14th day of January 2005 CARLISLE, PA 17013 by handing to SHAWN BEATES, ACTING MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~"'~/~ R. Thomas Kline 01/18/2005 WILLIAM A ADDAMS a.> .2.,/'- Sworn and Subscribed to before By: me this day of '--/MU~"7 JOV{' A.D. ~ l~u {,I )711 ,PO,./ ~ othonotary I ~ WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ill # 06265 27W. HIGH ST. P.O. BOX 261 CARLISLE P A 17013 TELEPHONE 717-243-7638 .RlcK"A::..cA:LfoWAy..............................................'j.........hi'.the"Court"of"Com'mon"Ple' ...or...... Plaintiff: CUMBERLAND County Perms vama VS. " CIVIL ACTION - LAW Case No.05-284 ALL AMERICAN PLAZAS INC. and EAGLE UNITED TRUCK WASH, LLC . JURY TRIAL DEMANDE .............. .......................................................p.'2.f.'2.f.l9.<'If.l!~L.................................................................................................; REPLY AND now comes the plaintiff, RICK A. CALLOW A Y, by his attorney, Wil Addams, and makes the following Reply to New Matter of defendant, All American Plazas: amA. 16. After reasonable investigation, the plaintiff is without kn sufficient to form a belief as to the truth of the averment. The same is t denied.. ledge refore 17. The conclusion of law is denied. 18. The conclusion of law is denied. 19. The conclusion of law is denied. 20. The conclusion of law is denied. 21. The conclusion of law is denied. WHEREFORE, the plaintiff requests the New Matter be dismissed. .. , ~" ///"/ '" ,.,,// -' ,-,- /- ,/ -.: """" -:: ?c,; ,,' ".//~;.p:/, William A. Addams Attorney for Plaintiff VERIFICATION This verification is made pursuant to Pa. R.CP 1024(c) by couns for the plaintiff. To the best of the signer's knowledge, information and be 'ef, the foregoing is true and correct. Dated: March 21, 2005 <, , /./ .~. ,I , ?' -' (~~~~ William1\. Addams Attorney for Plaintiff /""i" un1 PH !,Vf:C J pu ryJtqWt7 {II , . C,1)11' /111 ~>"II: e'I' .->""I/,~ ,. U >Iv ~ William A. Addams Attorney at Law 27 W. High Street P.O. BOX 261 Carlisle, Pennsylvania 17013-0261 (717) 243-7638 Fax: (717)243-8955 March 21, 2005 Curt Long, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 waddams@e thlink.net Re: Calloway v. All American Plaza and Eagle United truck Wash No. 05-284 Civil Term Dear Curt: I am enclosing the Plaintiff's Reply to the Answer with New M tter of Defendant, All American Plazas, for filing. .3 /;(.S ~LQSL S'/9r0 k~IJ {I . ~~ Thank you for your assistance. Sincerely, c/'5:;~; WPD:a Enclosure cc. Christopher M. Reeser, Esquire Marshall, Dennehey, Warner 4200 Crurns Mill Road, Suite B Harrisburg, P A 17112 David Mil1s, Esquire Stetler & Gribbin 138 E. Market St. P.o. Box 2588 York, PA 17405 /Gi/ <: (j T' -1 ;,./,i r Lc II 'I , David Mills, Esquire i SupremeCourtNo.37192 STETLER & GRIBBIN 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Eagle United truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNT P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term REPLY OF DEFENDANT, EAGLE UNITED TRUCK WASH, LLC TO NEW MATTER OF DEFENDANT ALL AMERICAN PLAZAS I C. AND NOW, this~ay of March 2005, comes Defendant, Eagle United ruck Wash, LLC, by its attorneys, Stetler & Gribbin, which replies to the New Matter of De 22. Denied. After reasonable investigation, Defendant, Eagle United Truck ash, LLC, American Plazas, Inc., as follows: is without knowledge or information sufficient to form a belief as to the truth of the av rment that the facts contained in the allegations in Plaintiffs Complaint occurred solely on prope leased by Defendant, Eagle United Truck Wash, LLC from All American Plazas, Inc. All other al egations of the Answer with New Matter of Defendant, Eagle United Truck Wash, LLC, are incorpo ated herein by reference thereto. 1 ---, It 'I 23. Denied. After reasonable investigation, Defendant, Eagle United Truc Wash, LLC, is without knowledge or information sufficient to form a belief as to the truth of the verment. 24. Denied. 25. Denied. 26. Denied. 27. Denied. 28. Denied. The allegation is a conclusion oflaw to which no reply is re uired. The allegation is a conclusion oflaw to which no reply is re uired. The allegation is a conclusion of law to which no reply is re uired. The allegation is a conclusion of law to which no reply is re uired. The allegation is a conclusion oflaw to which no reply is re uired. WHEREFORE, Defendant, Eagle United Truck Wash, LLC, respectfully equests this Honorable Court to enter judgment in its favor and against Defendant, All American PI zas, Inc., for sole liability, joint and several liability, or liability over to it on claims of contribution an indemnity. Respectfully submitted, I /sTE1\LER & GRIBBI I I l~rD:Vid ills, Esq re Supreme Court No. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Eagle United Truck Wash, LLC 2 VERIFICATION I, NICHOLAS 1. SCHEIDT, Manager, Eagle United Truck Wash, LLC, a Col ado Limited Liability Company, state upon personal knowledge or information that I believe to be true that the facts in the REPLY OF DEFENDANT, EAGLE UNITED TRUCK WASH, LL , TO NEW MATTER OF DEFENDANT, ALL AMERICAN PLAZAS, INC., are true. I understand that false statements herein are made subject to the criminal penal . es of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. EAGLE UNITED TRUCK WAS , LLC, A Colorado Limited Liability Co pany Dated: s::- / '/ tJS-- ---------<? ' /' ,..- -,,- CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that 1 served a true and correct copy of e foregoing REPLY OF DEFENDANT, EAGLE UNITED TRUCK WASH, LLC, TO NEW ATTER OF DEFENDANT, ALL AMERICAN PLAZAS, INC., by first-class mail, postage pr paid on the following: William A. Addams, Esquire 27 West High Street, PO Box 261 Carlisle, PA 17013 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mills Road, Suite B Harrisburg,PA 17112 Dated: ex'7-.(j- STETLER & GRIBBIN /r~ / cJ<~- By: 1 M' Is, Esqui e Supreme Court No. 192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Eagle United Truck Wash, LLC 3 (! ( f~- ~ ") -.' -...;:> C.rO "' ,.r... -,., .- ~;--\ U" - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICK A. CALLOWAY, Plaintiff ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, Defendant NO, 05-284 CIVIL ACTION-LAW JURY TRIAL DEMANDED DEFENDANT ALL AMERICAN PLAZAS, INC.'S REPLY TO DEFENDANT EAGLE UNITED TRUCK WASH, LLC'S NEW MATTER IN THE NATURE OF A CROSS CLAIM 28. No responsive pleading required. 29. Admitted in part and denied in part. Admitted that the property on which plaintiff allegedly fell is owned by Defendant All American Plazas, Inc. Denied that the property was in the possession or control of Defendant All American Plazas, Inc. To the contrary, the property was in the possession and control of Defendant Eagle United Truck Wash, LLC. 30. Denied that any injury sustained by plaintiff was the result of any action or omission of All American Plazas, Inc. WHEREFORE, Defendant All American Plazas, Inc. requests judgment be entered in it's favor. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: l..( ({,<fa') BY: CY---- CHRISTOPHER M. REESER, ESQUIRE l.O. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ., VERIFICATION The undersigned hereby verifies that the staternents in the foregoing Reply to Cross Claim are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language ofthe Reply to Cross Claim is that of counsel and not my own. I have read the Reply to Cross Claim, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Reply to Cross Claim are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 0 s;fO.t V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICK A. CALLOW A Y, Plaintiff ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, Defendant NO. 05-284 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on April 19, 2005, I served a copy of Defendant All American Plazas, Ine.'s Reply to Defendant Eagle United Truck Wash, LLC.'s New Matter in the Nature ofa Cross Claim via First Class United States mail, postage prepaid as follows: William A. Addams, Esquire 27 West High Street P.O. Box 261 Carlisle, PAl 7013 Attorney for Rick Calloway David Mills, Esquire STETLER & GRIBBIN 138 East Market Street P.O. Box 2588 York, P A 17405-2588 Attorney Eagle United Truck Wash & Christopher M. Reeser 105_ A ILlABICM RILI.PGI! 78082\JHWI03097\00696 n ..:-~ I~ "..':' C,) ~_. ., ....:? ...... c:) - ----- II II I II I i 4009.22, David Mills, Esquire certifies that: II I I II II Ii II III I II II II II :1 II II II II David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 13 8 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Eal?-le United Truck Wash. LLC RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. a Mills Esquir Attorney for Defenda Wash, LLC , Eagle United Truck II II II COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rick A. Calloway, Plaintiff \.7. File No. 05-284 Civil Term All p~e~ican Plazas; Inc., et al_r Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: (im\!-<>rlrl11n r-.r>onwill Fire Companv, 102 West Ridqe street, Carlisle, FA 17013-3823 (Name of Person or Entity) VVithrn twenty (20) days after service of this subpoenal you are ordered by the court to produce the following documents or things: "IT ~'fVT'n~1'" "'0 g(.1RPClEIW., at ':38 East Market Street, York, FA ,7401. (Aadress) You may deliver or mail legible copies of the documems or produce things requested by this subpoena. together with the certificate ot compliance, tc the party making this request at the address iisted above. You have the right to seeV. in advam:e the reasonable cost of preparing the copies or producing the things sougnt. l~ you fail te produce the documents 01' things required by this subpoen2. within twent}l (20 days after its servlce, the party serving this subpoena may seek a court DrdB: compelijng you to compl~.' with i . THIS SUBP:J:::N,L. WAS ISSi.Ji::::J AT THE REOUES' OF THE FOLLOWING P::::RSON: Name David !'iiEs, Esquire .p,ddress: '!38 East Marks:: street York, PA 17401 Telephone: 717_854-9506 . 37192 SUureme Caul: 10 # Attorney For: llc.-FcTln?lnt- F~']-i c TirdtQ0. ~'::u:::+:. ~':::.c~~, "'ir< -~ 8'1' THE COU~T: Prothonotary/Clerk, CIvii Division !:late: Seal of the Court Deputy (Eft 7/97) II I, I' II j! II I Ii il 1 Ii 'i I II II II , I! " 1\ I: ,I II I 'j II II I 'I I, , , I II II i I Ii II David Mills, Esquire Supreme Court No.3 7192 STETLER & GRIBBIN 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attornevs for Eagle United Truck Wash. LLC RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Cumberland Goodwill Fire Company 102 West Ridge Street Carlisle, PA 17013-3823 Within twenty (20) days after service of this subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to May 30, 2005, including but not limited to: 1. Notes of treatment, consultation notes, physician progress notes, history and physical examination, nurses' notes, admission and discharge summaries ~ Medication lists and prescriptions 3. Correspondence and reports ALL Bills ALL X-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports pertaining to the following person: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28. 1963 537-76-2495 Date of Birth: Social Security No.: ..- :':';' ,;, (,..' - ,.- ------- David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Eagle United Truck Wash. LLC RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which wi]] be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: dant, Eagle United Truck COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ Rick A. Calloway, Plaintiff v. File No. 05-284 Civil Term All Ame~ican Plazas; Inc., e~ al.( Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: 1 Medical Center, 246 Parker Street, PO Box 4100, Carlisle, PA 17013 r~rlisle Reqiona (Name of Person or Entity) VVithin twent)' (20) days after service of this subpoena. you are ordered by' the court to produce the following documents or things: c:w a ""'~ CEWll>"" '!)G. :;;JE!PJEI'l~.. at ,38 East ~larket street, York, FA ; 7401. (Address) Yau may deliver ar mail iegible capies of the dacuments ar produce things reauested by this subpoena, together witt", the certiiicate af compliance, to the party making this request at the address listed above. You have the right to seek In advance the reasonable cost 01 preparing the copies or producing the things sought. II you fail to produce the documents or things required by this subpoena withirc twenty (20 days alter its service. the party serving this subpoena may seek a court order compeljjng you to comply with i . THIS SUBPOENA WAS !SSU~D ATT...,E R:::QU:::ST OFTH::-: FOLLOWING PeRSON: j\Jame Da\Tid t-Lllsr Esquire ,L,ddress: 438 East Market S~~oor Yo::-):, PA 17401 Telephone: 717-854-9506 ~ .. 37192 ;::;upreme Coun ID # Attorney ;::or: f)=:.+:::::'''1'r1~nt- 'R;:>'Jlt=> ~1'rli':"-~c m::l'c~i.: ~T:t::hr ~LC BYTHE COURT: Prothonotary/Cieri: Civil Division Date: uepUty Seal oi the Court (EfT. 7/97) " II , " I! I, I: II ,I ') I: II II II !, Ii , Ii I: II i; Ii Ii i I: II I Ii Ii ~ David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attornevs for Eagle United Tmck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMM01\' PLEAS OF CUMBERLAND COU1\'TY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Carlisle Regional Medical Center 246 Parker Street, PO Box 4100 Carlisle, PA 17013 Within twenty (20) days after service ofthis subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to May 30, 2005, including but not limited to: , Ii I, I I! I II I !! I I I: I: II II II " [I II Ii Ii I 1. Notes of treatment, consultation notes, physician progress notes, history and physical examination, nurses' notes, admission and discharge summaries 2. Medication lists and prescriptions 3. Correspondence and reports ALL Bills ALL X-rays, x.ray reports, MRI scans, MRI reports, CT scans, CT reports pertaining to the following person: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28,1963 537-76-2495 Date of Birth: Social Security No.: --------- (' !-.> i-::~' ..-, ;;...-"' " '--n -- r. c~"J C' ,I David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 13 8 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 1 Attornevs for Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the s oena. David ills, Esqu e Attorney for Defen a , Eagle United Truck Wash, LLC Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rick A. Calloway, Plaintiff v. All American Plazas! Inc.{ et al.{ Defendants File No. 05-284 Civil Te.,,--m SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: l\p.pnlnrl1ir=m Orrnn[lPnir. ("":::'l1h:::!.r, 1 T111nwf"V"lf1Y D:riu~, (":::\rl;c:::.lo, P1l. 17f)13_q5h~ (Name of Person or Entity) \^/ithin twenty (20) days after service of this subpoena, you are ordered by the cow't to produce the following documents 0, things: C:PP """"^C!lMEI\"" TO S01lP::fEN.".. at 138 East Market Street, York, Pl'. 17401. (Address) You may dellve, or mail legible copies of the documents or produce things reauested bv this subpoena, together witn the certificate of compliance, to the party makmg this request at the address listed above. You have the right TO seek In advance tne reasonable cost of preparing the copies 0, producing the things sougnt. !f you fail to produce the documents or things required by this subpoena within twenty (20) days atter its service, the party serving this subpoena may seek a court order compelling you to comoll! witt, it. TH!S sUa,DO:=Nc4 WP,S ISSUED AT THE R:::OU=.:ST OF TH= FOLLO\Nlf\!G PERSON: Name David Millsr Esquire Address: 1 38 East r.'larket S7-"-reet York, PA .,7401 Telephone: 717-854-9506 ~ r-, I" .. 37192 ~upreme \....Jour, :-' F. Attorney :=0[': :~f~nr1rln+-, "V::tc;1c, T"in'i +-'fir: ':'~l:: v:.:1::::t :..=.-:: 3YTH~ CDURT: Prothonotary'/0!erk: Civii Division Date: Sea: or the Court Deputy (EfT. 7/97) David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attornevs for Eagle United Truck Wash. LLC ,i I) I: II I: ;1 I, II I' I. 'I , II II I: , Ii II I: RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INe. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Appalachian Orthopedic Center 1 Dunwoody Drive Carlisle, P A 17013-9565 Within twenty (20) days after service of this subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to May 30, 2005, including but not limited to: 1. Notes oftreatment, consultation notes, physician progress notes, history and physical examination, nurses' notes, admission and discharge summaries 2. Medication lists and prescriptions 3. Correspondence and reports ALL Bills Ii I: II ,I I ~ ii I' ALL X-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT repOlts pertaining to the fol1owing person: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28, 1963 537-76-2495 Date of Birth: Social Security No.: -------- -~, .) ~-;;, ._-~ '\II c_ ' II II II David Mills, Esquire JI II Supreme Court No. 37192 II STETLER & GRIBBIN :i 138 East Market Street II PO Box 2588 II II York, PA 17401 II (717) 854-9506 i: Attorneys for Eagle United Truck Wash. LLC II II Ii II II II I I II II II II II II II I I I I I II II II II II II II II II II II I II II II I RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: avid Mill , EsqUl e Attorney for Defen Wash, LLC , Eagle United Truck - COMMONWEALTH OF PENNSYLVANIA COUNn' OF CUMBERLAND Hick 1\.. Calloway, Plaintiff File No. 05-284 Civil Tenn v. All Ame~ican Plazas. Inc.! et al.{ Defeooa11ts SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUL.E 4009.22 TO: Masland Associates. Inc.. Medical Arts Rllilrling ('RrlislR. PA 17013 (Name of Person or Entity) \Nithi n twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o~ things: """" n"'l'o':""M""1'T' 1Q sue"aENtl.. aT 138 East Market Street, York, PA 17401. (Address) You may deiiver or maillegibls eODies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the rJ.gnt to seek in advance the reasonable cost of preparing the copies or producing the things sought. If vou fail te produce the documents or things required by this subpoene. within twenty (20) days after its service. tne party se~ving thiS subpoena may seek a court order compelling you to compiy with iL THIS SU3PDEN,L WAS ISSUED AT THE REQUESTJF THE FOLLDWIN3 PERSON: !\~ame Da'\rid Mills, Esquire Address: 138 Eas:: Marke::: S"',-eet York.. PA 1740-, Teieohone: 717-854-9506 ~ . . 37192 ~upr9me Couit ID #: Attorn8V ~or: T)c.TCln--1;;:nT.:.... P.=lC"' co nrd .i...G:''::: T::-..::::J: ~~:t.:::r~ :LC BY TH~ COURT: Prothonotary/Clerk. Civil Division Date: DepU!)' Sea! of tne Court (En. 7/97) David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIK 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attornevs for Eagle United Truck Wash. LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Masland Associates, Inc. Medical Arts Building Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to May 30, 2005, including but not limited to: 1. Notes of treatment, consultation notes, physician progress notes, history and physical examination, nurses' notes, admission and discharge summaries 2. Medication lists and prescriptions 3. Correspondence and reports ALL Bills ALL X-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports pertaining to the following person: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28, 1963 537-76-2495 Date of Birth: Social Security No.: ,-, ~,-~ en __../ ,\ r'- " ;::.~J ;:~- -: II I! I, I, David Mills, Esquire II Supreme Court No. 37192 Ii STETLER & GRIBBIN II \38 East Market Street II PO Box 2588 II York, PA 17401 II (717) 854-9506 II Attornevs for Eagle United Truck Wash, LLC II II II II II II I I I II II II I I II I I II II II II II II II II II II II II II II II II II II I RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: (e , cJ.ooS :() avid M lls, Esqui Attorney for Defenda Wash, LLC , Eagle United Truck COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Hick A. Calloway f Plaintiff v. File No. 05-284 Civil Te...rrn All American Plazas, Inc., et a1. f Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4008.22 TO: Aniinrr:::. "R~r1inl(")tJY r/rl (';=trli~lf::> 'Rpg;nnPll MPili~nl r.Anter, Attention: Radioloqy Department, 246 Parker Street, PO Box 4100, (Name oj Person or Eniiiy) Carlisle, PA 17013 \Nithin twenty (20') days atte~ service of thjs subpoena, you are ordered by the court to produce the 1oliowing documents or things: ~ nrrrrZl.~V!' ~ s:.1EPCEI?Jl':... at 138 East Market Streetr York, PJ.l. ! 7401 .. (ADdress) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance. to the party making this request at the address listed above. You have the right to seek In advance the reasonable cost of preoaring the caples or producing the things sought. If you fail to produce the documents 0' things required by this subpoena within twenty (20) days after irs service. the parry serving this subpoena may seek a court orde: compelling you to COmply' with it. THiS SU3P:)ENA WAS ISSUED AT THE REQUEST OF THE FOL!.OWII\lG PERSON: Name Da"lid rrlills,r Esquire Aadress: (38 East ~~ke~ S~~ee~ York. PA 17401 Telephone: 7:7-854-9506 f" ..~,.g 37192 Supreme ~our,. Ie.; ~ Attorney Fo;-: T)ofcnr1P1n+-- ~~0"1t:;> Pl-:t@c: rr'::-'J,:::t: ~'bc:::r "r""T <'""< ~L BY THE COURT: Protnonotary/Clerk, Civil D'lvision ~ate: Depuiy Seai ot the COUit (Eft 7/97\ David Mills, Esquire Supreme Court :No. 37192 STETLER & GRlBBIN 13 8 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attornevs for Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLM'D COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Andorra Radiology c/o Carlisle Regional Medical Center Attention: Radiology Department 246 Parker Street, PO Box 4100 Carlisle, P A 170 \3 Within twenty (20) days after service of this subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to May 30,2005, including but not limited to: 1. Notes of treatment, consultation notes, physician progress notes, history and physical examination. nurses' notes, admission and discharge summaries 2. Medication lists and prescriptions 3. Correspondence and rep011s ALL Bills ALL X-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports pertaining to the following person: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 JanualY 28, 1963 537-76-2495 Date of Birth: Social Security No.: i":l c~.) c :--.) , ~) .~ -1 II ii' i\ \"". David Mills, Esquire Supreme Court No. 37192 , STETLER & GRIBBIN II 13 8 East Market Street 1'1 PO Box 2588 York, PA 17401 (7 I 7) 854-9506 1\ Attornevs for Eagle United Truck Wash. LLC II 1\ 1\ I I I I I RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (I) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. , Eagle United Truck Date: COMMONWEALTH OF PENNSYLVANiA COUNTY OF CUMBERLAND Rick A. Calloway, Plaintiff v. All American Plazasr Ins.t et al., Defendal1.ts Fiie No. 05-284 Civil Term SUBPOE:NA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVE:RY PURSUANTTO RULE 4009.22 T<'")' . '"-". Blue Mountain Anesthesia c/o Carlisle Reqional Medical ~ber, Attention: Health Inforrration Department, 246 parkmame oi Person or Entity) Street, PO Box 4100, Carlisle, \ PA 17013 \^!rthin twenty (20) days after service of this subpoena, you are ordered by the court to ptJ:juce the following documents Or things: R~ nTI'nCflMEl>1'C' TJ "JilP2ENll.. a~ 138 East Market Street, Yor}~r PA \7401~ (Address) You may deliver or mail legible cODies of the documents or proDuce things requested by this subpoena, together with the certificate of compliance, 10 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 tall to produce the documents or tnings required by this subpoena within tW8nt~/ (20) days after its sen/ice, the party serving thIs subpoena may seek a court order compelling you to comply with it. THIS SU3D:)ENA WAS ISS'JED AT THe:: REOU::::ST OF i!-E: ;::OLLOWING PERSON: Name Da~~id Millsc Esquire .4deJress: ; 38 Ee-s"C l\1arket Street Yo=k.r PA 1'7401 Telephone: 717-854-9506 S ~. Ir .. 37192 upreme I......OUT~ ..J F .Attornev Fo!: ;~fon""""-i;=mt-, 1=".=1,::;"-1 A rrni t<e-t. '!"'"'Il::l: Wac::/ :..r..:: BY THE COURT: Prothonotary/Ciert(, Civil Divisi::Jn Date: Seal of the Court Deputy (En. 7/97) II I' I II I, II II I_ i[ i' I' I' 11 " II I: ,I Ii il Ii II I- i- \', David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Eagle United Truck Wash. LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -V5- Civil Action-Law ALL AMERICAN PLAZAS me. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Blue Mountain Anesthesia c/o Carlisle Regional Medical Center Attention: Health lnforn1ation Department 246 Parker Street, PO Box 4]00 Carlisle, PA 17013 Within twenty (20) days after service ofthis subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to May 30,2005, including but not limited to: 1. Notes of treatment, consultation notes, physician progress notes, history and physical examination, nurses' notes, admission and discharge summaries 2. Medication lists and prescriptions 3. Correspondence and reports ALL Bills ALL X-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports pertaining to the following person: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28, ] 963 537-76-2495 Date of Birth: Social Security No.: , ~, ---- --- -' ,-- ""," ~ - '. David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 138 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Eagle United Truck Wash. LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (I) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) (4) no objection to the subpoena has been received; and the subpoena which wi]] be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 000- t, Eagle United Truck David Mills, Esquire C"'--e--l~ r"_,._....."r~ 1'71rv") ")UYllll;:;vVLllll'lU...jll7L STETLER & GRIBBIN 1 3 8 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Eagle United truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANTI COlJNTY, FA ~vs- Civil Action-Law ALL AMERICAN PLAZAS INe. Al\TD EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civii Tenn NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file , . , I! of record and serve upon the undersigned an objection to the subpoenas. Ifno objections are made, i! " the subpoenas may be served. Respectfully submitted. STETI:ER & GRIBBJ/N ;' "ff ',.!,i /,; : Dated: -'/",'\ ,,: '_><_._d~';0:: r ,;', _~ ;/:.., j;:"+t.t<><- /,'L i !,...-___,'-~:;~,~42 --David 1vu1ls. Esqui'fec_ Supreme Court No.3 7192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Truck Wash, LLC Eagle United Ii COMMONWEALTH OF P:NNSYLVANIA COUNTY OF CUMBERLAND Rick A. Calloway, Plaintiff v. File No. 03-284 Civil Term All American Plazasr Inc~ r et al. r Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Central Penn Medical Group, 1097 Commercial Avenue, Lancaster, PA 17601 (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: ~PR Z\']'V)'^CflOOEi)!T 'I'J Silll:nC)EJ'li\. at 138 East Market Street, York, N. 17401. (Addressj You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certiiicate of compliance, to the party makmg this request at the address listed above. You have the right to seek in advance the reasonable cost oj preparing the copies or producing the things sought. if you jail to produce the documents or things required bv this subpoena within twenty (20) Clays alter its service. the part)1 serving this subpoena may seek a cour: order compelling you to compllf witn it. TrliS S!J8P:)eNA WAS ISSUeD AT TH::: RE:JU:::ST OF THE FOLLOWING PERSON: Name David r.,tills, Esquire ,L,ddress: 138 East ~~ket S=reet York, FA 17401 Telephone: 7'7-854-9506 S ~, Ir' " 37192 uprerne ,-,our, :.; iF .AHorne\! For: l.l<='rpnn;:Ii"'l7"" ~::'!~f\ C> n~; t€;: ':'::11::1: v::lchl -..,......, -.-L"'... 3Y TH~ CDURT: Prothonotary/Clerk, Civii Division Date: Sea, oi tne Court DepulY (Eff.7/97) David Mills, Esquire Supreme Court No. 37192 STETLER & GRIBBIN 13 8 East Market Street PO Box 2588 York, PA 17401 (717) 854-9506 Attorneys for Eagle United Truck Wash. LLC I, ii II I Ii II II II I II , RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA II I, .1 II Ii ., I , II II II To: Central Penn Medical Group 1097 Commercial Avenue Lancaster, PA 17601 Within twenty (20) days after service of this subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to May 30, 2005, including but not limited to: 1. Notes of treatment, consultation notes, physician progress notes, history and physical examination, nurses' notes, admission and discharge summaries 2. Medication lists and prescriptions 3. Correspondence and reports ALL Bills ALL X-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports pertaining to the following person: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28, 1963 537 -76-2495 Date of Birth: Social Security No.: ,-'> "') r' ;,' -.... , , (..~, - .-- David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) (4) no objection to the subpoena has been received; and the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: --.P LM~.2~ David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Eagle United truck Wash, LLC FILE COpy RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Respectfully submitted, Dated: '? ~ -M'PCr .-:1'00..5" avid ills, Esq Supreme Court No. 37192 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Defendant, Eagle United Truck Wash, LLC .I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rick A. Calloway, Plaint:'..ff v. 05-284 Civil Te-rm File No. All ~ican Plazas, Incer et al., :cefendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Crawford Insurance, PO Pox 18324, Tampa. FL 33679 (Name of Person or =mity) , Within twenty (20) days aiter serlice of this subpoena. you are ordered by the court to produce the following documents or things: c;F1" n.,.,.,nl"'QM1;"l\IT ']X) g'JEP2EN~.. at 17 Fast TV'arJ<et Street, York. PA 17401 (Address) You may deiiver or maillegibie copies of the documents or produce things requested by this subpoena. together with the certificale of compliance, to the party making this request at the address listed above. You have the right 10 seek in advance the reasonable cost of preparing the caples 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 parry serving this subpoena may seek a coun order compelling you to comply with it. THIS SUBPOENA WAS ISSUE::: ATTHE REQUEST OFTHE r=OLLOWING PERSON: Name David Mills, Esquire Address: 17 Fast MarJ<et Street York, PA 17401 Telephone: 717-845-3674 S C. I~ .. 37192 upreme oun LJ 1T Attorney For: no-fC1'1!"1;::mr p~("\"lQ nn..;":"'~c ~k. T.Ab.~"" ~-:-c _ -~"f - BYTHE COURT: Protnonotary/CierK, Civil Division Dare: Deputy Seal of the Court (Err. 7/97) I' . David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attornevs for Eagle United Truck Wash, LLC RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Crawford Insurance PO Box 18324 Tampa, FL 33679 Within twenty (20) days after service ofthis subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to November 30,2005, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, workers compensation and liability payments, and prescriptions pertaining to the following employee of Willis Shaw Express: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28, 1963 537-76-2495 Date of Birth: Social Security No.: -, _~,l, r' \..--; \' \\, (' ..--' '\ ,i y:- l".) David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash. LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 00 iLfA.!J(L.2co..:>-- , Date: David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United truck Wash, LLC RICK A. CALLOWAY, Plaintiff -vs- ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants FILE COpy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil Action-Law Case No. 05-284 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Dated: ';? ~...;...{'PCr .'?!oCC Respectfully submitted, avid ills, Esq Supreme Court No. 37192 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Defendant, Eagle United Truck Wash, LLC , COMMONWEALTH OF P=NNSYLVANIA COUNTY OF CUMBERLAND :lick A. Calloway, Flaim:::':::;' v. AI: Am~ican Plazas, Inc., et al., Defendants t=iie No, 05-284 C:.vi~ Te-rm SUBPOENA TO PRODUCE DOCUMENTS OR ,?-lINGS ;:OR DISCOVERY PURSUANTTC RULE 4009.22 TO: Willis Shaw Express, PO Box 188, Elm Springs, AI! 72728 c/o US Corporation Company, 120 Fast Fourth S(jIrame oi Person or EnntYI Llttle !iDe I< , AI! U201 . Within tweniy (20) days atter service af this subpoena. you are ordered by the cour: :0 produce the following documents or things: = a""""~,,,, "': SVWEW.. ~ 17 Fast ~arket Street, York, PA 17401 (Address I You may deliver or mail legibie cODies of the documems or oroduce things reauested by this subpoena. together with the certificale of compliance. to the parry making this requesl at the address listed above. You have the rlghl tc seek in advance the reasonable COSl of preparing the copies or producing the thmgs sougnt. if you fall to Droduce the doc~mems or things required by thiS subDoena within LWeniy (20) days atter its service. the parl\! serving thiS subpoena may seek a coun order compelling you to comply with it. THIS SUBPOENA WAS ISSUEJ ATTHE REGlUEST OFTHE rOLl.OWING PERSON: Name David Mills, Esquire ".ddress: 17 Fast-Market Street York, PA 17401 Telephone: 717-845-3674 . .. 37192 SUDreme COUrt ID ;; Attorney For: T)::::l.-FCT1"';.::Inr 1:'~C'"Ic. n'M-i~yC ~gJ: ~~a:::-.r ~"':'"f""'I --....... BY THE COUF,T Prothonotary/Clerk. Civii Division Date: Seai of the CQurl: Jeputy (Err.7/S7: ,. . David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Willis Shaw Express, PO Box 188, Elm Springs, AR 72728 C/O United States Corporation Company 120 East Fourth Street Little Rock, AR 72201 Within twenty (20) days after service of this subpoena, produce the following documents: ANY and ALL employment, vocational records, and complete job description including, but not limited to, records pertaining to the following individual from January 28, 1963 to November 30, 2005 and the cornplete DOT file for the following: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28,1963 537-76-2495 Date of Birth: Social Security No.: 1. Application for employment; 2. Hiring of the employee; 3. Records of qualifications; 4. Job performance; 5. Absentee records; 6. Records of wages and other compensation paid to the employee; 7. Medical and dispensary records concerning the employee; 8. Claims for workman's compensation; 9. Discharge of the employee. r--." C} ----, <;:.? x.-- \-.~) - . David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. a 1Q Mills, Esqu e Attorney for Defendant, Eagle United Truck Wash, LLC Date:~ ~U46[iL ~ / David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United truck Wash, LLC RICK A. CALLOW A Y, Plaintiff -vs- ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants FILE COpy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A Civil Action-Law Case No. 05-284 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Dated: 'S' ~ -<-(,Per .--/005 Respectfully submitted, avid ills, Esq Supreme Court No. 37192 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Defendant, Eagle United Truck Wash, LLC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rick ?_. Calloway, Plainc..:...== v. 05-284 Civil Te-Tffi FHe No. _J.~2. 1I...........,..._i can 0_ _~ .::l-;r:=:s, nc or al t'1J.L~ __..... I ., -~ .. t Serendants SUBPOENA TO PRODUCE DOCUMENTS OR ,;.lINGS :=OR DISCOVERY PURSUANTTO RULE 4009.22 TO: CAT Scales Company, PO E ox 630. WA1~nrr I^ . (Name of Person or ~mny) , 5277J \Nithin twenty (20) days after service of this subpoena, you are ordered by the C8urt to produce the following documents or things: ~ arTT'f'ln~1I'T1 ~ ~mP:mlP_.. ~ 17 Fast ~arket Street, York, PA 17401 (Address 1 You may oellver or maii legible copies oi the documems or produce things requested by this subooena. together with the cenliicate oi compliance, to the pany makmg this requesI at the address listed above. You have the right 10 seek in advance the reasonable COSI oi preDaring the caples or producing the things sought. Ii you faii to oroduce the documents or things required by this subooena within twenty (20) days aiter its service. the oarty serving this subpoena may seek a courr order compelling you to comply with it. T:-lIS SUBPOENA WAS ISSUEJ A,THE RE<JUEST OF,HE r=OLUJWING PERSON: Name David Mills, Esquire .A.ddress: 17 Fast Market Street York, PA 17401 Teleohone: 717-845-3674 S C t Ir .. 37192 uoreme our u;; Attorney For: T)o.-f'oT1r;;::IT1T- 1:<';:::;C'"1 Co T'i'n-i .:...~c ~,1""'1: ;N-3.=:-.r :':'C BY THE COURT: Protr,onotary/Cierk. Civii ~ivision Date: Jeputy Seal OT the Court (Eff.7!97\ ,. . David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: CAT Scales Company PO Box 630 Walcott, IA 52773 Within twenty (20) days after service ofthis subpoena, produce the following documents or things: ALL papers and other forms of recording the operation of a truck scale at 1240 Harrisburg Pike in Cumberland County, Pennsylvania on February 19, 2003 including, but not limited to, the truck scale receipts for the tractor trailer that Ricky Allen Calloway was driving for Willis Shaw Express described as follows: Trailer: Volvo, white in color Integral Sleeper Willis Shaw Express Elm Springs, ARK Boise, ill Plate No. Truck No.: Trailmobile Plate No. ZG 1359 (Idaho) Trailer nurnber: W2 - 6558 AF-I012 (Idaho) Wl- 2697 Tractor: :;}, r'-' ;:-,.\ C) -n \ ~ .'.'" ....-'.:., -r." 'I"~. ,...:'. \.,,) '):.. David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash. LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. /,-- t, Eagle United Truck Wash, Date:....3=> ,1;C'JL<,/Jd- .2~- David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United truck Wash, LLC FILE COpy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA RICK A. CALLOWAY, Plaintiff -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. Ifno objections are made, the subpoenas may be served. Respectfully submitted, Dated; 'S" .kJ-<<PCr.-/ oOS Y, YOST,BU P&RAUSCH,LLP avid ills, Esq Supreme Court No. 37192 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Defendant, Eagle United Truck Wash, LLC COMMONWEALTH OF P:NNSYLVAN1A COUNTY OF CUM8ERLAND Rick A. Calloway, Plain1:.:'== v. File No. 05-284 Civil Te..."1Tl ~..l2. American Plazas, Inc., et al.. r ::efendancs SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTC RULE 4009.22 TO: Humana, PO Pox 14601, Lexinqton, KY 40512 (Name 01 Person or ::mity) , \^Jithin twenty (20) days after service of this subpoena. you are ordered by the c~urt to produce the following documents or things: = ~.,...".,,~~ 'JX: sum>::~_. ~ 17 Fast ~arket Street, York, PA 17401 (Address,l You may deliver or maii legible eooies of the documents or produce things requested by this subpoena. together with the certificate of compHance, to the parry making thiS request at the address listed above. You have the rignt to seek in advance the reasonaDle COSl of preparing the copies or producing the things sought. If VQU fail to oroduce the dcc~ments or things reqUired by thiS subpoena within twenty (20) days after its service. the oarly serving thiS subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA, WAS ISSUEJ ATTHE RE'JUEST or: THE ;::OU.oWING PERSON: Name David Mills, Esquire Address: 17 Fast Market Street York, PA 17401 Teleohone: 717-845-3674 ,.., . ,,3i192 Suoreme '~OUr1 ID rr Attorney Far: T'):::o.-f=Or,r;::lT1r P~r::l ~ "'T"I1 .;....c "'-u.cl: ~~r::t::'::r -- ~ -~ BY T~E COURT: ",rothon01aryiCierk. Civii DIVIsIon Date: JepUIY Seal aT the Court (Eft 7/971 David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BurP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS JNC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Humana PO Box 14601 Lexington, KY 40512 Within twenty (20) days after service ofthis subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to November 30, 2005, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x -rays, x -ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following employee of Willis Shaw Express: Date of Birth: Social Security No.: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28,1963 537-76-2495 Name: Address: -' , " ___l (-:. \1 - -"-', r<j c- p..) David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for EagJe United Truck Wash. LLC Rick A. Calloway, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law All American Plazas, Inc. and Eagle United Truck Wash, LLC Defendants No. 05-284 Civil Term MOTION OF DEFENDANT EAGLE TRUCK WASH. LLC. FOR STIPULATED COURT ORDER TO ISSUE LETTERS ROGATORY AND NOW, this Ie) f} day of January, 2006, comes Defendant, Eagle United Truck Wash, LLC, by its attorneys, Blakey, Yost, Bupp & Rausch, LLP, who move this Honorable Court for an Order to issue Letters Rogatory on the following grounds: 1. On January 13, 2005, Plaintiff commenced suit by filing a Complaint. 2. Answers and New Matters were filed by both Defendants. 3. Replies to New Matters were duly filed by all parties. 4. On November 8, 2004, Defendant Eagle United Tmck Wash, LLC served Notice of Intent to Serve Subpoenas to Produce Documents or Things for Discovery, Pursuant to Rule 4009.21, regarding Plaintiff, copies of which Notices of Intent are attached hereto as Exhibit A upon the following: c. a. Crawford Insurance; b. Humana; c. CAT Sales Company; and d. Willis Shaw Express 5. On November 30, 2005, Defendant Eagle United Truck Wash, LLC filed a Certificate Prerequisite to Service of a Subpoena upon the aforesaid non-parties, a copy of which is attached as Exhibit B. 6. On December 1, 2005, the Prothonotary of Cumberland County issued subpoenas to: a. Crawford Insurance; b. Humana; c. CAT Sales Company; and d. Willis Shaw Express; copies of which are attached as Exhibit C. 7. The undersigned has contacted all counsel and th.y concur in the filing of this Motion. WHEREFORE, Defendant Eagle United Truck Wash, LLC respectfully requests this Honorable Court to issue an Order, pursuant to Local Rule 208.3(a) to issue Letters Rogatory to any judge or tribunal having jurisdiction of civil cases in Tampa, Florida, Lexington, Kentucky, Walcott, Iowa, and Little Rock, Arkansas, to serve Crawford Insurance, Humana, CAT Scales Company, and Willis Shaw Express with a Subpoena to Produce Documents and Things for Discovery, Pursuant to Pa. R.C.P. No. 4009.21. 2 Respectfully submitted, D.'''''' / D rf^ 't! (51,,, b USCH, LLP avid ills, Esq . Supreme Court No. 37192 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorneys for Defendant Eagle United Truck Wash, LLC 3 CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing MOTION OF DEFENDANT EAGLE TRUCK WASH, LLC. FOR STIPULATED COURT ORDER TO ISSUE LETTERS ROGATORY by first-class mail, postage prepaid on the following: William A. Addams, Esquire 27 West High Street, PO Box 261 Carlisle, P A 17013 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 DO"" I~(J cY6" ( L Davi Mills, Esq ire Supreme Court No. 192 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorneys for Defendant, Eagle United Truck Wash, LLC BL 4 ;::::)(~lbjtA- .!..--- . David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Eagle United truck Wash, LLC FILE COpy RICK A. CALLOWAY, Plaintiff -vs- ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil Action-Law Case No. 05-284 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Dated: ?" /?t...Md'?,IT'?fOOS Respectfully submitted, avid ills, Esq Supreme Court No. 37192 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys :for Defendant. Eagle United Truck Wash, LLC David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Eagle United truck Wash, LLC FILE COpy RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Respectfully submitted, Dated: ?5 /14 -<-<d?,r:r .-:>!, 00.5' P & RAUSCH, LLP , avid ills, Esq Supreme Court No. 37192 17 East Market Street York, PA J 740J (717) 845-3674 Attorneys for Defendant. Eagle United Truck Wash, LLC David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Eagle United truck Wash, LLC FILE COpy RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNIT, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. uno objections are made, the subpoenas may be served. Respectfully submitted, Dated: ';? ~-4((lCr?fOCC avid ills, Esq Supreme Court No. 37192 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Defendant, Eagle United Truck Wash, LLC David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United truck Wash, LLC FILE COpy RlCKA. CALLOWAY, Plaintiff -vs- ALL AMERlCAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A Civil Action-Law Case No. 05-284 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 Defendant, Eagle United Truck Wash, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. Uno objections are made, the subpoenas may be served. Dated: '2? .k .-A-(,p,;:-r .-,1 ooS Respectfully submitted, avid ills, Esq\iire Supreme Court No. 37192 17 East Market Street York, PA :I 740] (717) 845-3674 Attorneys for Defendant, Eagle United Truck Wash, LLC ~ tx~} bl+ B David Mills, Esquire Suprerne Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC ~> , c.) ,- -ll 1"":1 -, c) -, , ---;:-. l'~ , ~<r::- ::<. f".) RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the propos(:d subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. f UPP & RAUSCH, LLP D,,,,,,30 ,~W/d-~ )1. D Ml s, Esqm e Attorney for Defen 'lllt, Eagle United Truck Wash, LLC ">' ,- .1 , , ," C"> -";j .-< T .' r) I :" i .~ David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attornevs for Eagle United Truck Wash. LLC ~I 1"1 r",) ~r:- r'.c RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~ c30.L-~- OS" ~2&RAUSClULP Date: C) l~ : .-., David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash. LLC r'j , , ~ i} --:! [,I r-) r'..::- RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ;J 1 u;~ & RAUSCH, LLP LDN1e1... ,2cX\.:) }jj Date: ....;p (-) ( r".<t .....) o \'1 c> -.._, -"<1 :-:-:-! ,""J <::_rl iii David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attornevs for Eagle United Truck Wash. LLC il r,..) ". I') RICKA. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. RAUSCH, LLP Date:'-'" ~ .LLJ.M4E:JL ~ a ld N1ills, Esqu e Attorney for Defend:mt, Eagle United Truck Wash, LLC fx~\ b-+ L COMMONWEAL7H OF PENNSYLVANIA COUNTY OF CUMBERLAND Rick i;. Calloway 1 Plain-c:'..ff File No. 05-284 Ci vi:!. Te.."111 v. Ai: Amo~ican Plazas, Inc.., at al.., ::efendants SUBPOENA TO PRODUCE DOCUMENTS OR ii-liNGS ;:OR DISCOVERY PURSUANTTO RULE 4009.22 TO: Crawford Insurance, PO Eox 18324, Tampa, FL 33679 (Name of Person or ~miIY) , Within !Wenly (20\ days after ser/ice of this subpoena, you are ordered tlY the court to produce the following documents or things: = ~'T"T'l\~,", 'ro ~:):sr:lr.. m 17 Fast Mar~et Street, York, PA 17401 (AddressJ You may deiiver or maillegibie copies oi the documents or oroduce things requested by this subpoena. together with the certificate of compliance, to the party making thIS request at the ac:dress listed above. You have the right to seek in advance the reasonable cost oi preparing the cODles or producing the things sought. ii you iaii to oroduce the documents or things required by this subpoena within twenl\( (20j days alter iis service. the parl\( serving this subpoena may seek a court order compelling you to comply with it. TrllS SUBPOEN,A, WAS ISSUE) ATTHE REQUEST Oi=THE i=OL!.:JWING PERSON: Name David Mills, Esquire Address: 17 Fast'Mar~et Street York, PA 17401 Telephone: 717-845-3674 - r-. In .. 37192 ::,uoreme voun i.J;; Aiiornev ;:or: T')of=oT1r=1~nr P~r; Ie=. Ti"n"; ~vc n::-!:11"""J: ~.l:::::: r -- '""' -- ivii DiviSion Date: )epUIY Seai 01 the ,:oun (En. 7/971 . David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOW A Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA, To: Crawford Insurance PO Box 18324 Tampa, FL 33679 Within twenty (20) days after service ofthis subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to November 30,2005, including bills, notes of treatment, nurses' notes, admission and discharge sumrnaries, x-rays, x-ray reports, MRl scans, MRI reports, CT scans, CT reports, medications, workers compensation and liability payments, and prescriptions pertaining to the fol1owing employee of Willis Shaw Express: Date of Birth: Social Security No.: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28, 1963 537-76-2495 Name: Address: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMSERLAND ?-.ick ~...a (':::."7 ~oway, Plain-c:...::E "07. +Z>~:. ~ican Pla,;",;::>c:::, Inc. f et al., :Jefendan:cs riit: No. 05-284 Ci~~ T=-~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS :=OR DISCOVERY PURSUANT,C RULE 4009.12 ~J: Humana, PO Pox 14601, Lexinqton, KY 40512 (Name oi Feeson or :omiiy) , VVithin twenry (20) days atter service .:)f this subpoena. you are ordered by the c:Jurt to produce the following oocuments or things: ~ n"'"'1l~'1I11 rn: ~:EN1'__ ~ 17 Fast ~ar~et Street, York, PA 17401 (Addresst You mav deliver or maii leaible cooies of the documents or oroduce thin as re(Juested bv this subpoena. toaether " ..... . -,. - with the certiiicate oi compiiance. to the party making this reques; at the aacress listed above. You have the right to seek in advance the reasonable cost oi preparing the eDDies or producing the things sougnl. Ii 'IOU faii to orocuce the documents or things required bv thiS sUDDoena within twenlY (20j cays after iis service. the parlY serving thiS SUODoena may seek a ::::Jurt :Jrder compeiJing you to comply with it. TMIS SU6POEN.A. WAS ISSUEJ ATTHE RE'JUEST Or:7HE r:OW)WINC; PE?SON: Name David Mills, Esquire Address: 17 Fast-Mar~et Street York, PA 17401 Teleohone: 717-845-3674 ?....'Q7 ,-,. .-... [r: ., -' / ........ ::Jupreme ',-,oun ...);; Attorney For: ~-FQ""~:::!n;- P::::;~"'ie TiT"l; ~'='rE "'"-..1.....ir r..;~_.... --,.... - - ~.~ -~.r -'-' Civii 81vlslon ;-.,.....-. -,alt. Seai aT ,;:ne Courr =teOU[~1 (=fi, 7/=7~ , David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 1 7 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA RICK A. CALLOW A Y, Plaintiff -vs- Civil Action-Law ALL AMERICAN PLAZAS INe. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Humana PO Box 14601 Lexington, KY 40512 Within twenty (20) days after service ofthis subpoena, produce the following documents or things: ALL medical records from January 28, 1963 to November 30, 2005, including bills, notes of treatment, nurses' notes, adrnission and discharge summaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following employee of Willis Shaw Express: Date of Birth: Social Security No.: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28, 1963 537-76-2495 Name: Address: COMMONWEALTH OF PE:NNSYLVANIA COUNTY OF CUMBERLAND Rick ~. ~~:lOwaY, P2.ainc:..== r=iiE: No. 05-284 Ci'Ti: Te-rm \7. _~..l~ ~ican P:azas, Inc., et al.1 ::ef endaI1'CS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS :=OR DISCOVERY PURSUANTTO RULE 400!l.22 -,-,. CAT Scales Company, PO E 63 ,~_ ox O. WAlrn1-t-. T~ 5277J (Name ar Person Of ::miry) , Within twenty (20) days after service of this subpoena, you are ordered by the c:Jurt to produce the following documents or things: ~ ntTW"!"'n~,m ']Q S'"JmJ:~u M 17 Fast ~ar~et Street, York, PA 17401 (Address.l You may aeiiver or mail legible copies at the documents or oroduce things recluested by this subpoena. together With the certiticate ot compiiance. to the parry makmg this request at the adoress listed above. You have the right to seek in advance the reasonable CDS! ot preparing the copies or producm~l the things sought. If vou faii to oroduce the documents or thinas reauired bv this subpoena with!ln twenlY (20) davs aTter its service. -' - . ", - , . theoar1Y serving this subpoena may seek a coun order c::Jmpelling you to comply with It. Tr1IS3USPOENA WAS ISSUEJ ATTHE RE'JUE3T 0:= THE r=Ol!_.oWINC; PE?SON: Name David Mills, Esquire 17 FastMar~et Street York, PA 17401 Address: ieleohone: 717-845-3674 ~ - t Ir ,- 37192 ::,uoreme '~our w;; "'ttorney FQr: T""\o.-FaT1!"i~T1;- 't:"~':1 &:. 'l'"jT"\-i .;......",~ '!::-J.=l~ ~'::::::::::'r =C . Clvii :Jivlsion :Jate: J::DU!Y Seai of tne COUrt (Eft7,!?::": David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INe. AND EAGLE UNlTED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: CAT Scales Company PO Box 630 Walcott, IA 52773 Within twenty (20) days after service of this subpoena, produce the following documents or things: ALL papers and other forms of recording the operation ofa truck scale at 1240 Harrisburg Pike in Cumberland County, Pennsylvania on February 19, 2003 including, but not limited to, the truck scale receipts for the tractor trailer that Ricky Allen Calloway was driving for Willis Shaw Express described as follows: Trailer: Volvo, white in color Integral Sleeper Willis Shaw Express Elm Springs, ARK Boise, ill Plate No. Truck No.: Trailmobi1e Plate No. ZG 1359 (Idaho) Trailer number: W2 - 6558 AF-10l2 (Idaho) Wl- 2697 Tractor: COMMONWEALTH'OF PeNNSYLVANIA COUNTY OF CUMBERLAND ?J..ck ~. ("~ 7 loW'aY, Plainc:..== r=iie No. 05-284 c~vi~ TE-~ v~ _:u: Amo-=ican Plazas, Inc., et al. f ::efendants SUBPOENA TO PRODUCE DOC:.JMENTS OR ,HINGS ;:OR DISCOVERY PURSUANTTC RULE 40Q9.22 TO: Willis Shaw Express, PO Box 188, Elm Sprin9s, AP 72728 c/o us corporation Company, 120 Fast Fourth S\Natneoi?ersonor:nuty) L~tt.Le Pock, AP 72LOl , \Nithin tvventy (20) days after service of this subpoena. you are ordered by the c:Jur~ to produce the following dooumenrs or things: ~ Zl~~"'" l'TY" atW:E'1?'u m 17 Fast ~ar~et Street, York, PA 17401 (Accress) You may deiiver or mail legible copies of the documenrs or Droduce things reouested by this subpoena. together with the certificate at comoliance. to the party making this reques: at the address listed above. You have the right to seek in advance the reasonable COS! of preparing the copies or prodUCln9 the things sought. If yOU ;ail to produce the doc:.Jments or things required by this subpoena within twenty (20) days aiter its service. the pany serving this suppoena may seek a coure order compeiling vou to compiy with Ii. THIS SUBPOENA WAS ISSUEJ A,THE REJUES, Or=THE r=OL!...OWINC: PEi'lSON: Name David Mills, Esquire Address: 17 FastMar~et Street York, PA 17401 Teleohone: 717-845-3674 ~ ~... 371 92 ::;upreme '.....ourt /D T; A.ttorney ;::or: !)o.-Fo'rlr1;::mT- 1:":=';1 =- ri-n-l -..."c '""::-:J.::i: r':'::'::':"r Ivii 8ivlsion :)are: ::leD utv Seai of ~he Cour: (Ef'f.7/S7\ -- ". David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL.A.ND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INC. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term ATTACHMENT TO SUBPOENA To: Willis Shaw Express, PO Box 188, Elm Springs, AR 72728 C/O United States Corporation Company 120 East Fourth Street Little Rock, AR 72201 Within twenty (20) days after service of this subpoena, produce the following documents: ANY and ALL employment, vocational records, and completle job description including, but not limited to, records pertaining to the following individual from January 28, 1963 to November 30, 2005 and the complete DOT file for the following: Name: Address: Ricky Allen Calloway 8190 Rand Road, Irrigon, OR 97844 82280 Wildwood Lane, P.O. Box 1073, Umatilla OR 97882 January 28,1963 537-76-2495 Date of Birth: Social Security No.: 1. Application for employment; 2. Hiring of the employee; 3. Records of qualifications; 4. Job performance; 5. Absentee records; 6. Records of wages and other compensation paid to the employee; 7. Medical and dispensary records concerning the employee; 8. Claims for workman's compensation; 9. Discharge of the employee. 40 David Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash. LLC Rick A. Calloway, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA -vs- Civil Action-Law All American Plazas, Inc. and Eagle United Truck Wash, LLC Defendants No. 05-284 Civil Term ORDER (~ AND NOW, this ~day of January, 2006, upon consideration of the Motion of the Defendant Eagle United Truck Wash, LLC, for a Stipulated Order, pursuant to Local Rule 208.3(a), IT IS HEREBY ORDERED, that the Prothonotary shall issue Letters Rogatory to any judge or tribunal having jurisdiction of civil cases in; (a) Tampa, Florida, to serve Crawford Insurance; (b) Lexington, Kentucky, to serve Humana; (c) Walcott, Iowa, to serve CAT Scales Company; and (d) Little Rock, Arkansas, to serve Willis Shaw Express with Subpoenas to Produce Documents and Things for Discovery, Pursuant to Pa. R.C.P. No. 4009.21 for the records of Rick A. Calloway. Notice of the entry of this Order shall be provided to all parties by Defendant Eagle United Truck Wash, LLC. BY THE COURT, Dated: ~ l,~ I lODe" J ~/{)LP 0\; SZ :l) }.,'Q"_'J' \" s,~ ;;;;:f"' ':"DZ ,_, jj-!l:O . .'-'-' David A. Mills, Esquire Supreme Court No. 37192 BLAKEY, YOST, BUPP & RAUSCH, LLP 17 East Market Street York, PA 17401 (717) 845-3674 Attorneys for Eagle United Truck Wash, LLC RICK A. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A -vs- Civil Action-Law ALL AMERICAN PLAZAS INe. AND EAGLE UNITED TRUCK WASH, LLC Defendants Case No. 05-284 Civil Term PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY, Curtis R. Long: Please mark the claims of Plaintiff, Rick A. Calloway, settled, discontinued, and ended with prejudice. Please also mark the cross claims of Defendant, All American Plazas, Inc., and Defendant, Eagle United Truck Wash, LLC against each other settled, discontinued, and ended with prejudice. Date: ?/J:/OG Respectfully submitted, - ~ By:<-' . / ~r.' . . William A.~ Adcfams, Esquire Attorneys fo . tiff Date: ~ I L, lur- By: C er Reeser, Esquire tto-~ eys for Defen ant, All American Plazas, Inc. Date: <..211"<,, d2oo~ J . -... RICKA. CALLOWAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-284 ALL AMERICAN PLAZAS, INC. and EAGLE UNITED TRUCK WASH, LLC, CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 8th day of September, 2006, I served a copy of the Praecipe to Discontinue to the following counsel via First Class United States mail, postage prepaid as follows: William A. Addams, Esquire 27 West High Street P.O. Box 261 Carlisle, PAl 7013 Attorney for Rick Calloway David Mills, Esquire Blakey, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA 17401 Attorney Eagle United Truck Wash ) ;....,,'/ L7 Christopher M. Reeser r-,) ,.----., 1"0 :--"T