Loading...
HomeMy WebLinkAbout05-0992IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION L NANCY J. HERSHEY, : NO. OS - 9a? ???? C DONALD L. RUSSELL, Plaintiffs V. : CIVIL ACTION -LAW WAL-MART STORES, INC., Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE K -AII'"II CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET " -°' "'° CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. HERSHEY, NO. DONALD L. RUSSELL, Plaintiffs V. : CIVIL ACTION -LAW WAL-MART STORES, INC., Defendant : JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Nancy J. Hershey and Donald L. Russell, wife and husband, are adult individuals residing at 835 N. West Street, Carlisle, PA 17013 2. Defendant, Wal-Mart Stores, Inc., is a foreign corporation and at all times relevant hereto, owned and/or operated a retail business located at 60 Noble Boulevard, Carlisle, PA 17013. 3. On October 8, 2003, the Plaintiff was a business invitee at the aforementioned Wal- Mart Store. 4. At that same time and place, the Plaintiff was traversing the floor in the produce section when she slipped and fell on grapes which had been left on the floor. 5. At all times relevant hereto, the Defendant acted through its employees, agents, and/or servants and is vicariously liable for the negligence of those individuals. 6. The aforementioned accident occurred as a result of the negligence of the employees, agents, and/or servants of the Defendant, and was due in no manner to any act or failure to act on the part of the Plaintiff 7. This matter is alleged to exceed the applicable limits of arbitration and a jury trial is hereby demanded. 8. The negligence of the employees, agents, and/or servants of the Defendant consisted of the following: a) Failing to recognize the special element of harm and danger of grapes on the floor; b) Permitting or allowing the grapes to accumulate and remain on the floor of the store when the Defendant knew that its customers such as the Plaintiff would have to traverse the area; c) Failing to utilize that degree of care required for business invitees such as the Plaintiff by not maintaining the premises in a safe and usable condition; d) Failing to inspect the premises to discover the unsafe and hazardous condition of grapes on the floor in its store; e) Failing to exercise reasonable care by not cleaning up the spilled grapes; f) Failing to wam or protect the Plaintiff from the unsafe and hazardous condition of grapes on the floor when the Defendant knew or should have known that the Plaintiff would be unable to protect herself; g) Failing to correct the hazardous and dangerous condition that the Defendant knew or should have known existed on its premises; h) Creating or allowing a hazardous condition to exist which the Defendant knew or should have known involved an unreasonable risk of danger to persons such as the Plaintiff who would not know or have reason to know of the unreasonable risk of harm; i) Failing to warn the Plaintiff of the unsafe and hazardous condition of grapes on the floor; j) Failing to carry on the Defendant's activities with reasonable care for the safety of the public; k) Failing to remove the grapes from the floor of its store „'; when the grapes were on the floor for a sufficient period of time for the Defendant to have remedied the dangerous condition; and 1) Failing to post any warning signs of a dangerous or slippery floor in the area of Plaintiffs accident when the Defendant knew, or should have known, that the Plaintiff would be exposed to an unreasonable risk of harm. 9. At all times relevant hereto, the Defendant's employees, agents and/or representatives were acting within the course and scope of their employment with the Defendant, under the Defendant's control, and in furtherance of the Defendant's business interest. 10. The Defendant is vicariously liable for the negligence of its employees, agents, and or representatives. 11. As a result of the aforesaid negligence, the Plaintiff suffered serious and permanent injuries including, but not limited to, left patella fracture, leg pain, and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered and she will continue to incur medical expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of her earnings and impairment of her earning capacity and the loss of income and impairment of earning capacity will, or may continue in the future. 14. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter jud.-Inent against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, E quire Attorney I.D. 429176 Two West Market Street P.O Box 952 York, Pennsylvania 17405 (717) 846-0606 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: fHF 'looms Date: ANI CY% ARSHEY DONALD L. RUSSE L ? '' ??? u ?? ' = T .-a ?(/?1? ? ? ?' C?? Q V ??1; ?/ o ?, --? W ?- `u I BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Shannon Deegan, Esquire I.D. No. 90289 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 NANCY J. HERSHEY and DONALD L. RUSSELL vs. WAL-MART STORES. INC. ATTORNEYS FOR DEFENDANT Wal-Mart Stores, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 05-992 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of defendant, Wal-Mart Stores, Inc., on whose behalf a jury trial is demanded. BENNETT. BRICKLIN & SALTZBURG LLP /c BY: U r!i 2ti?, 2 PAUL F. LANTIERI, ESQUIRE SHANNON DEEGAN, ESQUIRE Attorney for Defendant Dated: March 8, 2005 BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Shannon Deegan, Esquire I.D. No. 90289 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 NANCY J. HERSHEY and DONALD L. RUSSELL vs. WAL-MART STORES. INC ATTORNEYS FOR DEFENDANT Wal-Mart Stores, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 05-992 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Paul F. Lantieri, Esquire, hereby certify that a true and correct copy of the foregoing Entry of Appearance and demand for j ury trial has been served this date upon all interested counsel by way of United States First Class Mail, postage prepaid, addressed as follows: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTWE, P.C. Two West Market Street P.O. Box 952 York, PA 17405 (Counsel for Plaintiffs) Vv !VK PAUL F. LANTIERI, ESQUIRE Dated: March 8, 2005 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERSHEY NANCY J ET AL VS WAL-MART STORES INC RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE WAL-MART STORES INC was served upon DEFENDANT , at 1608:00 HOURS, on the 2nd day of March at 60 NOBLE BOULEVARD CARLISLE, PA 17013 NATHAN JONES. CUSTOMER SERVICE MANAGER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together and at the same time directing His attention to the contents Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 `r .00 10.00 R. Thomas Kline .00 31.70 03/03/2005 DALE ANSTINE Sworn and Subscribed to before By: me this day of A. 1). Prothonotary law, t 2005 ' ap ri with ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Shannon Deegan, Esquire I.D. No. 90289 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 NANCY J. HERSHEY and DONALD L. RUSSELL vs. WAL-MART STORES. INC. To the within named parties, you are hereby notified to file a written response to the following pleading within twenty (20) days from service hereof or a judgment may be entered a/g'a'i qot ryou. 7/r?GC/ / W PAUL. F. LANTIERI, ESQUIRE ATTORNEYS FOR DEFENDANT Wal-Mart Stores, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 05-992 JURY TRIAL DEMANDED ANSWER OF DEFENDANT WAL-MART STORES, INC. TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and if relevant, proof is demanded. 2. Admitted. 3, 4. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs and if relevant, proof is demanded. 5. Admitted in part and denied in part. As a corporation, it is admitted that answering defendant can only act through employees, agents and/or servants. However, without specification of specific times, individuals and acts, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and if relevant, proof is demanded. 6-14, inclusive. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to Pennsylvania Rule of Civil Procedure 1029. In addition, the answer to paragraph 5 is incorporated by this reference and made part hereof as though set forth at length. WHEREFORE, defendant Wal-Mart Stores, Inc. respectfully requests thatjudgmentbe entered in its favor. NEW MATTER 15. Plaintiffs' claims are barred or reduced by virtue of plaintiff's contributory negligence and pursuant to the Pennsylvania Comparative Negligence Act. 16. Plaintiffs' claims are barred to the extent the evidence establishes thatplaintiff assumed the risk of her injuries. 17. Plaintiffs' claims are barred or reduced to the extent the evidence establishes that plaintiffs, or either of them, failed to properly mitigate their damages. 18. Answering defendant did not have notice of the condition alleged in the Complaint. 19. Answering defendant did not breach any duties to the plaintiffs. 20. The condition described in the Complaint was caused by an unknown person, or by unknown persons, over whom answering defendant did not exercise control or have the right to exercise control. 21. The condition described in the Complaint was open and obvious. 2 II WHEREFORE, defendant Wal-Mart Stores, Inc. respectfully requests that judgment be entered in its favor. Dated: April 27, 2005 BENNETT, BRICKLIN & SALTZBURG LLP BY: PAL F. LANTIERI, ESQUIRE SHANNON DEEGAN, ESQUIRE Attorneys for defendant, Wal-Mart Stores, Inc. VERIFICATION verify that I am the of defendant Wal-Mart Stores, Inc. in this action, that I am authorized to make this verification to the foregoing Answer of Defendant Wal-Mart Stores, Inc. to Complaint with New Matter, and that the facts set forth therein are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsifications to authorities. i BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Shannon Deegan, Esquire I.D. No. 90259 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 NANCY J. HERSHEY and DONALD L. RUSSELL vs. ATTORNEYS FOR DEFENDANT Wal-Mart Stores, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL ACTION - LAW DOCKET No. 05-992 JURY TRIAL DEMANDED WAL-MART STORES. INC. CERTIFICATE OF SERVICE I, Paul F. Lantieri, Esquire, hereby certify that a true and correct copy of the foregoing . of Defendant Wal-Mart Stores, Inc. to Plaintiffs' Complaint with New Matter has been this date upon all interested counsel by way of United States First Class Mail, postage , addressed as follows: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. Two West Market Street P.O. Box 952 York, PA 17405 (Counsel for Plaintiffs) April 27, 2005 PAUL F. LANTIERI, ESQUIRE 4 n? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY J. HERSHEY and No. 05-992 DONALD L. RUSSELL V. WAL-MART STORES, INC. JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT WAL-MART STORES, INC. 15-17. Denied. The allegations contained in Paragraphs 15 through 17 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 18. Denied. The allegations contained in Paragraph 18 is a conclusion of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. Moreover, Defendant had actual or constructive notice of the condition alleged in Plaintiffs' Complaint. 19-20. Denied. The allegations contained in Paragraphs 19 through 20 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof :s demanded ar trial, if relevant. 21. Denied. The condition was not open or obvious. X13: A'I. V, Y`:. ?A111 1 Cki. III I WHEREFORE, Plaintiffs Nancy J. Hershey and Donald L. Russell respectfully request that judgment be entered in their favor. LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney ID No. 29176 Two West :Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 Attorney for the Plaintitf VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Reply to New Matter is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?f Cpl ?' S Date: 'z --?y? J 14 ---` NANCY J'jHE SHEY DONALD L. RUSSELL CERTIFICATE OF SERVICE AND NOW, this 29"' day of April, 2005, I, Leah B. Graff, Esquire, a member of the Lava' Offices of Dale E. Anstine, P.C., hereby certify that 1 have this date served a copy of the within Plaintiffs' Reply to New Matter by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: Paul F. Lantieri, Esq. Shannon Deegan, Esq. Bennett, Bricklin & Saltzburg, LLP Liberty Place 313 W. Liberty Street, Su. 371 Lancaster, PA 17603 LAW OFFICE OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney for Plaintiff f? I-.l ('- e:? ? ? ? i .? _? t, i U7 _,.? - fV ' ?; BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Shannon Deegan, Esquire I.D. No. 90289 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 NANCY J. HERSHEY and DONALD L. RUSSELL VS. WAL-MART STORES. INC. ATTORNEYS FOR DEFENDANT Wal-Mart Stores, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 05-992 JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw our appearance on behalf of defendant in the above-captioned matter. BENNETT, BRICKLIN & SALTZBURG LLP r BY: Z: ? ?44 I fl PAUL F. LANTIERI, ESQUIRE q SHANNON DEEGAN, ESQUIRE Dated: ? ?? 6 ?? ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for the defendants in the above captioned matter. McDONNELL & ASSOCIATES, P.C. BY 0 ROBERTO K. PAGLIONE, ESQUIRE Attorney I.D. #87258 Attorney for Defendants , ? rc N -'j N 2.75,5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL PLAINTIFFS V. WAL-MART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05,992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENAIS SOUGHT TO BE SERVED, u?i 2 rn r) -- S ur ,v Pti P c i vdlS) (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: N's ? L "- 1_a? _1 1LL4.0 ? Myis Lacey-Tilson, Esq ire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile Attorney for Defendant Wal-Mart Stores, Inc. NANCY J. HERSEY and DONALD L RUSSELL Plaintiffs, vs. WAL-MART STORES, INC. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. N McDONNELL & ASSOCIATES, P.C. - Dated: April 18, 2006 By: N43ka r?MA,(, Myish Lacey-Tilson, 11squire Attorney for Defendant Wal-Mart Stores, Inc. M COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL CIVIL ACTION - LAW vs. DOCKET No. 05-992 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Subir Ray, MD / Surgical Physicians, P.C. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc DATE: L )-q Q OC)6 'eal of the CourJF_ BY THE COURT: Prothonot /Clerk, ivisio ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MR1 films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the Plaintiff/Patient. C? a r 71. c 2.155 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL V. PLAINTIFFS WALMART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENAIS SOUGHT TO BE SERVED, (SuS(?ue,?annA ull???r, (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: kkvt?k ' jo4o r- Myisha Lacey-Tilson, Esquir Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. 4 McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile Attorney for Defendant Wal-Mart Stores, Inc. NANCY J. HERSEY and DONALD L RUSSELL Plaintiffs, : IN THE COURT OF COMMON PLEAS VS. OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 WAL-MART STORES, INC. Defendant. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. Dated: April 18, 2006 By: IMAk- - Myish Lacey-Tilson, squire Attorney for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL CIVIL ACTION - LAW vs. DOCKET No. 05-992 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Susquehanna Valley Surgery Center Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc DATE• 13eal of the Co rt BY THE COURT: Prothonot lerk, 'vision. 4.'? u s ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MRI films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the Plaintiff/Patient. C3 ^' ?- 0 - n --- -rim tv rn -< ?ti 2.755 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL V. PLAINTIFFS WAL-MART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05,992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENAIS SOUGHT TO BE SERVED, (ptukrka v? n ?Chah?l aye cry ) (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: P Lae_? Myish Lacey-Tilson, Es uire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile NANCY J. HERSEY and DONALD L RUSSELL Plaintiffs, ; VS. WAL-MART STORES, INC. Defendant. Attorney for Defendant Wal-Mart Stores, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. N, McDONNELL & ASSOCIATES, P.C. Dated: April 18, 2006 By: - Myish Lacey-Tilson, 11squire Attorney for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL CIVIL ACTION - LAW vs. DOCKET No. 05-992 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Alexander Spring Rehabilitation Center Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc DATE: 7&:t C aD? S al of the Court BY THE COURT: Prothono /Cler ivisi ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MR1 films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the Plaintiff/Patient. n N 0 f cz=? cr, -n F r. - O r? 3 "C3 z'1 > t - ca FT1 rO (Tl 2.755 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL V. PLAINTIFFS WALMART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENAIS SOUGHT TO BE SERVED, C?t??ede??? Yrlcdt[aJV (tvxkrt (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: yis a Lacey-Tilson, E quire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile NANCY J. HERSEY and DONALD L RUSSELL Attorney for Defendant Wal-Mart Stores, Inc. Plaintiffs, IN THE COURT OF COMMON PLEAS vs. OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 WAL-MART STORES, INC. Defendant. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. Dated: April 18, 2006 By: - Myish Lacey-Tilson, squire Attorney for Defendant Wal-Mart Stores, Inc. A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL vs. WAIL-MART STORES, INC. CIVIL ACTION - LAW DOCKET No. 05-992 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Belvedere Medical Center Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc DATE: _ teal of the Co BY THE COURT- Ll? Prothon /Glee D' ision. ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MRI films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996,42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the Plaintiff/Patient. 75 7 d62.755 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL v. PLAINTIFFS WALMART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENAIS SOUGHT TO BE SERVED, (Udj'5Iv - P,1 7-t/) (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: Myish Lacey-Tilson, Esq 're Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone Attorney for Defendant (610) 337-2575 - Facsimile Wal-Mart Stores, Inc. NANCY J. HERSEY and DONALD L RUSSELL Plaintiffs, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 WAL-MART STORES, INC. Defendant. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. Dated: April 18, 2006 By: kmiva J"Pw_ - Myish Lacey-Tilson, squire Attorney for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL vs. WAL-MART STORES, INC. CIVIL ACTION - LAW DOCKET No. 05-992 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Carlisle Hospital Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc. DATE: -ad D eal of the Court BY THE COURT: ki?'4 - Prothono /Clerk, C' ivisi F ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MRI films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996,42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specked medical records from this provider were provided to the legal representative of the Plaintiff/Patient. C? _ O a n rr T3 `f C7 C7 ID • ?.155 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL PLAINTIFFS V. WAL-MART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPO NAI SOUGHT TO BE SERVED, ? Id I. ?D (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: 4qx?? la-"? - Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. r McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile NANCY J. HERSEY and DONALD L RUSSELL Plaintiffs, VS. WAL-MART STORES, INC. Defendant. Attorney for Defendant Wal-Mart Stores, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. W. Dated: April 18, 2006 By: - ItolmAj 4Myish?Ltcegy-Tilson_, squire Attorney for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL CIVIL ACTION - LAW vs. DOCKET No. 05-992 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. David C. Baker, M.D. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc DATE: IQ P& i Z).?' ;? eal of the Court BY THE COURT: Prothono /Cler Divi n. ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MRI films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the PlaintifUPatient. C) N c:? L? r CY, _ rn rn ..?? tV sz7 "? 0..1 -< -2.755 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL PLAINTIFFS V. WALMART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENAIS SOUGHT TO BE SERVED, CyVuln,A? B,d4url 1 kad;olvy (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: k" r`" ?A-C- - ' l 140t?' Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile NANCY J. HERSEY and : DONALD L RUSSELL : Plaintiffs, : vs. WAL-MART STORES, INC. Defendant. Attorney for Defendant Wal-Mart Stores, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. Dated: April 18, 2006 By: - Myish Lacey-Tilson, 11squire Attorney for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL CIVIL ACTION - LAW vs. DOCKET No. 05-992 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Walnut Bottom Radiology Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc DATE: teal of the Cou t BY THE COURT: Prothono Clerk, C' ivision. ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MRI films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the PlaintifUPatient. M -?; r y O ? r 7 rr? N 2,Z55 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL PLAINTIFFS V. WALMART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENAIS SOUGHT TO BE SERVED, ( 0Y. P4, li* , Cd?z y ? (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: %4?p? Myisha Lacey-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. s ?6 McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile NANCY J. HERSEY and DONALD L RUSSELL ; Plaintiffs, vs. WAL-MART STORES, INC. Defendant. Attorney for Defendant Wal-Mart Stores, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. Dated: April 18, 2006 By: - Ali Myish Lacey-Tilson, squire Attorney for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL vs. WAL-MART STORES, INC. CIVIL ACTION - LAW DOCKET No. 05-992 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Philip D. Carey Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc. DATE: c s D(? eal of the Courf BY THE COURT: Prothono /Clerk, C' ' ivisi ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MRI films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the Plaintiff/Patient. n ? Q la? ?tI LJ? l Fn C.0 I 'o :SJ + 2.75 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL v. PLAINTIFFS WAL-MART STORES, INC. DEFENDANT COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF ASUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENAWITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENAIS SOUGHT TO BE SERVED, (pirrioldtl *a (fh e P'?? limr' - 6sp' ? (2) A COPY OF THE NOTICE OF INTENT, INCLUIING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE, (3) NO OBJECTION TO THE SUBPOENAH AS 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 McDONNELL & ASSOCIATES, P.C. Date: May 5, 2006 By: kA?N dd,@,Q-c.,"IJ?, Myish Lacey-Tilson, Esquire Attorney I.D. No. 90120 601 S. Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. 1 McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile NANCY J. HERSEY and DONALD L RUSSELL Attorney for Defendant Wal-Mart Stores, Inc. Plaintiffs, IN THE COURT OF COMMON PLEAS VS. OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 WAL-MART STORES, INC. Defendant. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones 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 and objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. V Dated: April 18, 2006 By: - Myish Lacey-Tilson, squire Attorney for Defendant Wal-Mart Stores, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL vs. CIVIL ACTION - LAW DOCKET No. 05-992 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Pinnacle Health at Polyclinic Hospital Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc DATE:__jQ_.:)12_1 I J. 00/0 S al of the Court BY THE COURT: Prothonot Clerk, ivis' n. . . ADDENDUM TO SUBPOENA Any and all records, including but not limited to radiology reports, MRI films, x-rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from October 8, 1983 to the present, pertaining to: Nancy J. Hershey 835 N. West Street Carlisle, PA 17013 SSN: 188-32-3961 D.O.B.: 06/06/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the PlaintifVPatient. N cf, Q :. 3 CDs '! =s ?? -'C 2.755 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL PLAINTIFFS V. WAL-MART STORES, INC. COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 DEFENDANT ) JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EA12H PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (CvmynjA dv '(1%Vt[t?I) (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. McDONNELL ERs ASSOCIATES, P.C. Q Date: July 20, 2006 By: CrV " "A `r`7 tSLd er` Attorney I.D. No. 90120 601 S. Henderspn Road, Suite 152 King of Prussian PA 19406 (610) 337-2087 Attorneys for Defendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile Attorney for Defendant Wal-Mart Stores, Inc. NANCY J. HERSEY and DONALD L. RUSSELL vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones i attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. Dated: June 29, 2006 By: McDONNELL & ASSOCIATES, P.C. Myishk Lacey-Ti Attorney for Defi Wal-Mart Stores, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL CIVIL ACTION - LAW vs. DOCKET No. 05-992 WAL-MART STORES, INC. SUBPOENA TO PRODUCE DOCUIIIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Commercial Travelers Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. I THrc cITBRUENA WA c Iccl TED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Myisha Lacey-Tilson, Esquire 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 90120 Defendant, Wal-Mart DATE:> hj ? ,2lQb Seal of the Co K ADDENDUM TO SUBPOENA Any and all records and documents in your file pertaining to Nancy J. Hershey's workers' compensation claim filed against Carlisle Regional Medical Center, including but not limited to Letters of Decision, correspondence, memoranda, notes, agreements, and documents denying his claim; orders, reports and decisions issued by the Pennsylvania Labor Relations Board; transcripts of hearings and colloquy; and radiology reports, MRI films, X-rays, CAT scans, EMG reports, office notes, prescriptions, admission records, billing statements, payment records, health insurance claim forms, electronic data, medical reports and records relating to any examination, consultation, care or treatment rendered regarding: Nancy J. Hershey 835 North West Street Carlisle, PA 17013 SSN: ***-**-3961 Date of Birth: 6/6/1940 This Subpoena complies with the requirements of the Health Insurance Portability and Accountability Act of 1996,42 USC § 1320d-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164.500, et seq. In compliance with the HIPAA notification requirement of 45 CFR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the plaintiff/Patient. C7 71 2.753 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL PLAINTIFFS V. WAL-MART STORES, INC. COURT OF COMMON PLEAS CIVIL ACTION - LAW NO. 05-992 DEFENDANT JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EA H PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA LS UGHT TO BE SERVED, (, V[ Sl6 'I?t?iwtwt. -1'htdw." ?tnFw? (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. McDONNELL & ASSOCIATES, P.C. Date: July 20, 2006 By: 9 `? C Z., Myisha I,Xcey-TiPson, Esquire Attorney I.D. N 90120 601 S. Henderso?Road, Suite 152 King of Prussia, A 19406 (610) 337-2087 Attorneys for Ddendant Wal-Mart Stores, Inc. McDONNELL & ASSOCIATES, P.C. By: Myisha Lacey-Tilson, Esquire Attorney I.D. No.: 90120 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 (610) 337-2087 - Telephone (610) 337-2575 - Facsimile NANCY J. HERSEY and DONALD L. RUSSELL vs. Attorney for Defendant Vdal-Mart Stores, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET No.: 05-992 WAL-MART STORES, INC. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS and THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leah B. Graff, Esquire Law Offices of Dale Anstine, P.C. Two West Market Street P.O. Box 952 Carlisle, PA 17405 Defendant, Wal-Mart Stores, Inc., intends to serve Subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. McDONNELL & ASSOCIATES, P.C. Dated: June 29, 2006 By: _ Myishl Lacey-Ti. Attorney for Def< Wal-Mart Stores, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY J. HERSHEY and DONALD L. RUSSELL vs. WAL-MART STORES, INC. To: Carlisle Regional Medical Center CIVIL ACTION - LAW DOCKET No. 05-992 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at 601 South Henderson Road, Suite 152, King of Prussia, Pennsylvania 19406. 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 parry malting this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING P), ON: NAME: Myisha Lacey-Tilson, Esquire ADDRESS: 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 TELEPHONE: (610) 337-2087 SUPREME COURT ID #: 90120 ATTORNEY FOR: Defendant, Wal-Mart Stores, Inc. DATE: JLAA-3E- 'L_ Q0C6 Seal of the Court ADDENDUM TO SUBPOENA Any and all records and documents, including but not limited to, employment records, W-4 forms, W-2 forms, attendance records, personnel files, correspondence, memoranda and any other records and/or information; and Any and all records, including but not limited to radiology reports, MRI films, x- rays, CAT scans, EMG reports and/or any other objective studies, doctor's notes, nurses notes, consultation reports, psychiatric treatment notes, rehabilitation treatment notes of other office and medical personnel, history notes, handwritten notes, and typed notes, admission records, billing statements, payment records, health insurance claim forms, electronic data, including electronic data stored in a retrieval system, office records, billing statements, payment records, correspondence, patient questionnaire, patient information sheet, memoranda, index cards, medical records, medical reports, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered from January 1, 1993 to the present, pertaining to: Nancy J. Hershey 835 North West Street Carlisle, PA 17013 SSN: ***-**-3961 D.O.B.: 6/6/1940 This Subpoena compiles with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 USC § 132nd-2d, 1320d-3 and regulations enacted thereunder, 45 CFR § 164,500, et seq. 4 In compliance with the HIPAA notification requirement of 45 FR § 164.512, a copy of this Subpoena and accompanying letter requesting the specified medical records from this provider were provided to the legal representative of the PI intiff/Patient. ?-.., C') r-z i7 ' iJ+ i? --I [-- ? fil -- ? r.? k- +.' --? _ ( ? ?. PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) NANCY J. HERSHEY and DONALD L. RUSSELL ( ) Appeal from Arbitration (other) VS. WAL-MART STORES, INC. (Must be typewritten and submitted in duplicate) (Plaintiff) (X ) Civil Action - Law The trial list will be called on 5/22/07 and Trials commence on 6/18/07 VS. (Defendant) Pretrials will be held on 5/30/07 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 05-992 Civil Action Ic Indicate the attorney who will try case for the party who files this praeciPe: Leah B. Graff, Esquire Indicate trial counsel for other parties if known: 14yi gha 'r ar-pM-T; I aon Esq. is counsel for Defendant, Wal-Mart Stores, Inc This case is ready for trial. Signed: 'C/?C_? /5 . ? Print Name: Leah B Graff, Esq Date: /L2 Attorney for: Plaintiffs C? c o N -OM O C_ N qM C.n NANCY J. HERSHEY AND DONALD L. RUSSELL, Plaintiffs V. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-992 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of May, 2007, by agreement of the parties, this matter is continued to the next term of court. The Court Administrator is directed to list this matter for the September term. By Edward E. Guido, J. Leah B. Graff, Esquire 2 West Market Street 17 P.O. Box 952 York, PA 17405 For the Plaintiffs Patrick J. McDonnell, Esquire - -X? wca/ 601 South Henderson Road, Suite 152 King of Prussia, PA 19406 For the Defendant Court Administrator :lfh 0 ? 0 C=, -n ray {{ n co I NANCY J. HERSHEY and IN THE COURT OF COMMON PLEAS OF DONALD L. RUSSELL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. NO. 05-992 CIVIL WAL-MART STORES, INC., Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held August 29, 2007, were Leah B. Graff, Esquire, and George J. Costopoulos, Esquire, attorneys for the plaintiffs. Patrick McDonnell, attorney for the defendant, participated by telephone. The events giving rise to this lawsuit occurred on the evening of October 8, 2003, when Nancy Hershey was shopping at the Wal-Mart Store in Carlisle, Pennsylvania. As she proceeded down the produce aisle, she slipped on a pile of grapes and fell to the ground. She claims extensive damages as a result of the fall. The plaintiffs seek to call, among other persons, Mr. Lloyd Welsh, an employee of the Wal-Mart Store. Mr. McDonnell indicated that Mr. Welsh would be produced, voluntarily, if he was still employed by Wal-Mart. In the event that he is not so employed, Mr. Welsh's last known address will be produced within a week from today. This otherwise uncomplicated case will be of no more than three days' duration. Each side will exercise the usual number of peremptory challenges. August 29, 2007 M ano z c .6 wv f c u COOZ ;i4rlJi ? v??;c? ., Leah B. Graff, Esquire George J. Costopoulos, Esquire For the Plaintiffs Patrick McDonnell, Esquire For the Defendant Court Administrator :rlm I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY J. HERSHEY and No. 05-992 DONALD L. RUSSELL V. WAL-MART STORES, INC. JURY TRIAL DEMANDED P_RAECIPE TO SETTLE, DISCONTINUE AND END To The Prothonotary: Please mark the above-captioned action settled, discontinued and ended. Respectfully Submitted: Leah B. Graff, squire Attorney I.D. No. 29176 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717) 846-0606 Attorney for Plaintiff .0 0 CERTIFICATE OF SERVICE AND NOW, this /o 'day of September, 2007, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the within Praecipe by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: Patrick J. McDonnell, Esquire Law Offices of McDonnell & Associates, P.C. 601 S. Henderson Road, Su. 152 King of Prussia, PA 19406 LAW OFFICE OF DALE E. ANSTINE, P.C. Leah B. Graff, Esqui Attorney for Plaintiff 1 t l t i cri