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HomeMy WebLinkAbout05-1843 il [I , REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs v. RITE AID CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2005- 1%'13 CIVIL ACTION-LAW CIVIL ACTION PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-referenced case on behalf of the Plaintiffs, Reba M. Cornman and Creedin F. Cornman to the Defendant, Rite Aid Corporation. Date: ~(, ~ I ~O)( Please serve the Defendant as follows: Rite Aid Corporation 30 Hunter Lane Camp Hill, Pennsylvania 17011 mas.dir/genlitlcorman/summons.wrt O'BRIEN, BARIC & SCHERER ~r, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 4:, f"s ~ !K-' ~ (\ ; ~ --J ~ .,j ~ - I" <r-\ ~ \ '(j \ \:i 0 ~ Q. ~; c."? d' ....\ "'C {c--, ~ ~:g \-"-'- , , -;:0 ...O~ ',,"'/ .' \ :':3'7 ,.,. e en cP Q..IO .../ ~--:: -'"<'" ..., -,L):Q ( > .~X-:) .":~rn )-". ,"--' 0 C - _4 "6 .' .,,, 0 ~ .,( CJ:J Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS REBA M. CORNMAN AND CREEDIN F. CORNMAN Plaintiff Court of Common Pleas Vs. No. 05-1843 In CivilAction.Law RITE AID CORPORATION 30 HUNTER LANE CAMP HILL, PA 17011 Defendant To RITE AID CORPORATION You are hereby notified that REBA M. AND CREEDIN F. CORNMAN the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date April 8, 2005 By 4?':., f)~~ , Deputy , U Attorney: Name: MICHAEL A. SCHERER, ESQ Address: 19 WEST SOUTH STREET CARLISLE, PA 17011 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No. 61974 SHERIFF'S RETURN - REGULAR CASE NO: 2005-01843 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNMAN REBA M ET AL VS RITE AID CORPORATION CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RITE AID CORPORATION t e DEFENDANT , at 1515:00 HOURS, on the 11th day of A ril , 2005 at 30 HUNTER LANE CAMP HILL, PA 17011 by handing to TRACY LANDIS, LEGAL DEPT ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 r:~?~'~ R. Thomas Kline Sworn and Subscribed to -Lft.A day of ~ {) \c- before By: /~ / 04/12/2005 OBRIEN BARIC , A.D. c)'\1 ~ ' -!! U THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 717/255.7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBA M. CORNMAN and CREEDIN F. CORNMAN, v. NO. 05-1843 RITE AID CORPORATION, Defendant MEDICAL MALPRACTICE JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant Rite Aid of Pennsylvania, Inc. (incorrectly identified as Rite Aid Corporation) in the above matter. DATE: I..()'i/~i THOMAS, THOMAS & HAFER, LLP By: (~AaLJaud sa~ W. Arosell, Esquire 1.0.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. 35]938-] CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the Ji day of qJI') I , 2005: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17011 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP By: (~A'l~u4LI/ Sarah W. Arosell, Esquire 35]938.1 ,~, C.7> '-~, c.., C) -il :::j :.:;-" :;'.::; C:J -;1 I;:J " -.J THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O, Box 999 Harrisburg, PA 17108-0999 717/255.7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs v. RITE AID CORPORATION, Defendant NO. 05-1843 MEDICAL MALPRACTICE JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Plaintiffs and Plaintiffs' counsel: You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). ~ ~uclJ othonotary DATE: (7'; ( 1f;;.1 (Jure ~r 352012-1 12/1- fJ4~'-~ ~J THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 717/255.7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBA M. CORNMAN and CREEDIN F. CORNMAN, v. NO. 05-1843 RITE AID CORPORATION, Defendant MEDICAL MALPRACTICE JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). DATE: Yi(/()~ THOMAS, THOMAS & HAFER, LLP / /'3 .. By: G atJJ2~~ Sarah W. Arosell, Esquire 1.0.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. 352012.1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the 4 day of 0Jt'> I ,2005: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17011 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP -'~,. , By: 4 JJ2wU11 rah W. Arosell, Esquire 352012.] ,-" r~.) ~ ~ :.' ...:.-, <,.:.J"l S-T~ ::;J rl~' :~ .. ( ~ -1 r0 .i;- __J l II REBA M. CORNMAN and CREEDIN F, CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-1843 RITE AID CORPORATION, Defendant CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249.3166 II REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-1843 RITE AID CORPORATION, Defendant CIVIL ACTION COMPLAINT AND NOW, come Reba M. Cornman and Creedin F. Cornman, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs are Reba M. Cornman and Creedin F. Cornman, adult individuals who are married to one another, residing at 10 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Rite Aid Corporation is a Pennsylvania corporation with its principal place of business at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. For some time prior to February, 2003, the Plaintiff, Reba M. Cornman, 'treated with Debra D. Taylor, M.D. with Masland Associates in Carlisle, Cumberland 'County, Pennsylvania. 4. Prior to February, 2003, Reba M. Cornman had received a prescription :from Dr. Taylor for "niaspan" for two 500 mg. pills to be taken daily. 5. Reba M. Cornman took the prescription for niaspan to be refilled at the pharmacy at the Rite Aid store on Spring Road, Carlisle, Cumberland County, Pennsylvania on February 19, 2003. 6. Upon arriving home from the Rite Aid pharmacy on February 19, 2003, Reba M. Cornman noticed that the pills dispensed by the Rite Aid pharmacist were a different color and shape from the niaspan pills she had previously been prescribed and ingested. 7. Reba M. Cornman immediately returned to the Rite Aid pharmacy to speak with the pharmacist to inquire whether her prescription had been properly refilled. 8. Reba M. Cornman at that time advised the Rite Aid pharmacist that the pills were a different shape and color from her prior niaspan prescriptions. 9. The pharmacist with whom she spoke when she returned to the Rite Aid store to question the prescription reviewed the bottle and advised Reba M. Cornman that the prescription was in fact properly refilled. 10. Reba M. Cornman returned home and proceeded to ingest the prescription as directed by her physician and the dosage directives on the container for the length the prescription, a period of three months. 11. In May, 2003, Reba M. Cornman's prescription was again due to be refilled and she returned to the Rite Aid pharmacy on Spring Road in Carlisle to have the prescription refilled. 12. On May 23,2003, upon the refilling the prescription, the pills were different in color and shape from the pills Reba M. Cornman received on February 19, 2003. 13. Reba M. Cornman questioned the pharmacist as to the disparity in the ]appearance of the pills given to her by the Rite Aid pharmacist on May 23, 2003 versus !the prescription on February 19, 2003. 'I 14. The pharmacist at the Rite Aid pharmacy on May 23, 2003 indicated that the pills Reba M. Cornman had received on February 19, 2003 were "naproxen" and not what she had actually been prescribed, "niaspan." 15. At that time, Reba M. Cornman asked the pharmacist to prepare a written memorandum as to the pharmacists statement, which the pharmacist did reluctantly, at which time he commented that the pills given to her on February 19, 2003 were not "niaspan." 16. The pharmacist who dispensed the prescription medication to Reba M. Cornman on February 19, 2003 was employed by Defendant at all times relevant hereto and was acting within the scope of his employment at all times relevant hereto. COUNT I - NEGLIGENCE 17. Plaintiffs incorporate paragraphs one through sixteen as though set forth at length. 18. In April, 2003, while taking the improperly refilled prescription, Reba M. Cornman was rushed to the emergency room at the Carlisle Hospital with symptoms including chest pains, dizziness, fatigue, difficulty swallowing, difficulty breathing and wheezing, among other things. 19. Reba M. Cornman was hospitalized for a period of five days thereafter until such time as her condition stabilized. 20. Reba M. Cornman had been improperly taking a prescription medication, \"naproxen," as a result of the negligence of Rite Aid, leading up to the her hospitalization. " 21. Rite Aid's negligence in improperly dispensing "naproxen" to Reba M. Cornman caused her medical condition to deteriorate and resulted in her hospitalization. 22. The "naproxen," by itself and in combination other medications, caused the Plaintiff's medical condition to deteriorate resulting in her hospitalization. 23. Reba M. Cornman's physician was unable to properly treat her since it was unknown to the physicians and hospital staff that Reba M. Cornman had been ingesting "naproxen" instead of what was actually prescribed to her. : 24. Reba M. Cornman suffered pain and suffering, inconvenience and loss of III life's pleasures as a result of the negligence of Rite Aid in improperly refilling Reba I' I Cornman's prescription. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in and amount in excess of the amount requiring compulsory arbitration together with costs and interest. COUNT II LOSS OF CONSORTIUM I 25. Plaintiffs incorporate paragraphs one through twenty-four as though set ! ,I forth at length. I, 26. Creedin F. Cornman, is married to the Plaintiff, Reba M. Cornman and was so married at all times relevant hereto. 27. As a direct and proximate result of the negligence of the Defendant, acting by and through its actual or ostensible agent as referenced above, Creedin F. Cornman has been deprived of the care, companionship and services of his wife, Reba M. Cornman, for all of which damages are claimed. I II il Ii Ii il II \1 II 'I II II II II \ I I ! II WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in and amount in excess of the amount requiring compulsory arbitration together with costs and interest. Respectfully submitted, O'BRIEN, BARIC & SCHERER ffLf~ Michael A. Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs mas.dir/genlitlcornman/complaint.pld " ' VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements are not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements l!1erein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. pATE: V7-?_,-?6 <,I - cL' D L- , :22: ) "j ,/0 C- ,j!-<,-- /;;/', C C011.r>-rLCL"C" Reba M. Cornman DATE: 4 ---:J. '3:,/ t!)~ ~f~ Creedin F. Cornman CERTIFICATE OF SERVICE I hereby certify that on May 10 ,2005, I, Jennifer S. Lindsay, secretary to postage prepaid, to the party listed below, as follows: Michael A. Scherer, Esquire, did serve a copy of the Complaint, by first class U.S, mail, Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, Pennsylvania 17108 l .. THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, P A 17108.0999 717/255.7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1843 RITE AID CORPORATION, Defendant MEDICAL MALPRACTICE v. JURY TRIAL DEMANDED GENERAL HEALTH CARE RESOURCES, Additional Defendant JIl'M'ffCl' 'JIl'IliPOR',lI'lRiT" "0' ""S'I:I'.' ' ,o'DN'S" " ,.,.,1 ..' " ".... ." .. ....... ,n,. L I,.n...... ...... .............;,......'....n....'''" ............. .... ...... ....". .""."w....""........M...OO........O..H..............o.......................................... . ....0. ..... ..... ..... .... ...... ...... ....... ........ ....... .... TO THE PROTHONOTARY/CLERK OF SAID COURT: Please issue summons in the above captioned matter. xx Writ of Summons shall be issued and forwarded to Sheriff for service on the Additional Defendant at the following addresses: General Healthcare Resources 2250 Hickory Road Suite 240 Plymouth Meeting, PA 19462 DATE: iJlt/6~ THOMAS, THOMAS & HAFER, LLP BY:V'14~U.(J/~ Sarah W. Arosell, Esquire 1.0.#58797 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 255.7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. g g ~ ~ c:.ro ~ "- -on.; c:. n'~ OJFI ~ Z"" -' ZC I :Bl:( (f\J? C1' 90 -< ~, ~c' ~C -u -n *c ::J: B 50 rs; om c ~ Z :?: :( -I :~ CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the L day of ~ , 2005: /' -- Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17011 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP By: Cumberland County, ss: The Commonwealth of Pennsylvania to GENERAL HEALTHCARE RESOURCES (Name of Additional Defendant) You are notified that RITE AID CORPORATION (Name (.) of Defendant (s) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date JUNE 6. 2005 CURTIS R. By (SEAL) GENERAL HEALTHCARE RESOURCES 2250 HICKORY ROAD SUITE 240 PLYM:)UTH MEETING, PA 19462 H"~'tJwSl~ :> 1ll i ~ II ~ 1- . ~ . 0 H 0" OU1~ ~ t;] ~ ~~t1~15 :;; I:l~ I~ :x> :s: ~~~;~~~ S~ H Z . I-l... I 0 Ul ":I I Ol-l I . ~~"'~~ i ~ ~d :t> ~ f:: ..... .,.,. t""'c..., " Ul ~ ~ ..... ji~ t:lO H 0 ~ CO tfj'" > I '!jZ ... I 0 ... '" . 1ll tfjtfj &: .f \0 '" t"' zt:l 0 " t"' e. 'tJ t:l:> > :>z t f - <0 - ~ I Ii 3 t " '" _I REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-1843 RITE AID CORPORATION, Defendant CIVIL ACTION V. GENERALHEALTHCARE RESOURCES, Additional Defendant Certificate of Merit as to Rite Aid Corporation I, Michael A. Scherer, Esquire, certify that: An appropriate licensed professional has supplied <~ written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm set forth in the Complaint. Date: June 24, 2005 mJ.~ Michael A. Sch,erer 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-1843 RITE AID CORPORATION, Defendant CIVIL ACTION V. GENERALHEALTHCARE RESOURCES, Additional Defendant CERTIFICATE OF SERVICE I hereby certify that on June 24, 2005, I, Michael A, Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Certificate of Merit as to Defendant Rite Aid of Pennsylvania, Inc. (Incorrectly Designated as Rite Aid Corporation), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, Pennsylvania 17108 General Healthcare Resources, Inc. 2250 Hickory Road, Suite 240 Plymouth Meeting, Pennsylvania '19462 ~tlYv Michael A. Scherer, Esquire Q <-' ~ <- ~~,:~~ '" J;- .' '"" -,- -",.. ~, ...... ::t:..... f11r -0tq 'OV ~-~) C) .~~~ :::-:~\ '::"'~ ...:::" t;:' ~.o o THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255.7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1843 RITE AID CORPORATION, Defendant MEDICAL MALPRACTICE v. JURY TRIAL DEMANDED GENERALHEALTHCARE RESOURCES, Additional Defendant NOTICE TO PLEAD TO: Plaintiffs and Counsel: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. THOMAS, THOMAS & HAFER, LLP B~ ~JJa.--wi Sara W. Arosell, EsqUire I.D.#58797 DATE: 7/-l'lo~-- Attorneys for Defendant Rite Aid of Pennsylvania, Inc. 369366.1 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 717/255.7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1843 RITE AID CORPORATION, Defendant MEDICAL MALPRACTICE v. JURY TRIAL DEMANDED GENERALHEALTHCARE RESOURCES, Additional Defendant DEFENDANT RITE AID OF PENNSYLVANIA.INC.'s (incorrectly identified as Rite Aid Corporation) ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant Rite Aid of Pennsylvania, Inc. (incorrectly identified as Rite Aid Corporation) (hereinafter "Rite Aid"), by and through their counsel, Thomas, Thomas & Hafer, LLP, to respond to Plaintiffs' Complaint and in support of same, avers as follows: 1. Denied. After reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations 369366.1 contained in this paragraph and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 2. Denied as stated. Plaintiffs have improperly identified Defendant as Rite Aid Corporation. To the contrary, Defendant Rite Aid of Pennsylvania, Inc. is a Pennsylvania corporation with its principal place of business at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3 - 4. Denied. After reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in these paragraphs and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 5. Admitted in part. Denied in part. It is admitted that on February 19, 2003, a prescription for Reba M. Cornman was filled at the Rite Aid pharmacy on Spring Road in Carlisle, Cumberland County, Pennsylvania. The remainder of the allegations in this paragraph are denied since after reasonable investigation Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of these allegations and the same are deemed denied and proof demanded at the time of trial. Moreover, these allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 6 - 10. Denied. After reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations 369366.1 contained in these paragraphs and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 11 - 12. Admitted in part. Denied in part. It is admitted that on May 23, 2003, a prescription for Reba M. Cornman was filled at the Rite Aid pharmacy on Spring Road in Carlisle, Cumberland County, Pennsylvania. The remainder of the allegations in this paragraph are denied since after reasonable investigation Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of these allegations and the same are deemed denied and proof demanded at the time of trial. Moreover, these allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 13 - 15. Denied. After reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 16. Denied as stated. The pharmacist who dispensed Reba M. Cornman's medication on February 19, 2003 was Nnena Agwu, who at all times relevant hereto, was an agency pharmacist employed by Foremost Medical Systems, Inc. The remainder of the allegations contained in this paragraph are conclusions of law as opposed to statements of fact and no response is required. To the extent a response is required, the factual allegations contained in this paragraph are denied generally 369366.1 pursuant to and in accordance with Pa. R.C.P. 1029(e) and proof demanded at the time of trial. COUNT I - NEGLIGENCE 17. Defendant Rite Aid hereby incorporates its responses to Paragraphs 1 through 16 of this Answer as if fully set forth herein. 18. Denied. To the extent that this paragraph contains conclusions of law as opposed to statements of fact, no response is required. To the extent a response is required, after reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations of damages contained in this paragraph and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). Moreover, Defendant Rite Aid acted with the requisite standard of care at all times relevant hereto and in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. 19. Denied. After reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 20- 21. Denied. Defendant Rite Aid incorporates by reference Paragraph 16, above. To the extent that Paragraphs 20-21 contain conclusions of law as opposed to 369366.1 statements of fact, no response is required. To the extent a response is required, after reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations of damages contained in these paragraphs and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). Moreover, Defendant Rite Aid acted with the requisite standard of care at all times relevant hereto and in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. 22 - 23. Denied. After reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 24. Denied. Defendant Rite Aid incorporates by reference Paragraph 16, above. To the extent that Paragraph 24 contains conclusions of law as opposed to statements of fact, no response is required. To the extent a response is required, after reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations of damages contained in these paragraphs and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). Moreover, Defendant Rite Aid acted with the requisite standard of 369366.1 care at all times relevant hereto and in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. WHEREFORE, Defendant Rite Aid demands judgment in their favor and against Plaintiffs without cost to them. COUNT II - LOSS OF CONSORTIUM 25. Defendant Rite Aid hereby incorporates their responses to Paragraphs 1 through 24 of this Answer as if fully set forth herein. 26. Denied. After reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). 27. Denied. Defendant Rite Aid incorporates by reference Paragraph 16, above. To the extent that Paragraph 27 contains conclusions of law as opposed to statements of fact, no response is required. To the extent a response is required, after reasonable investigation, Defendant Rite Aid is without sufficient knowledge or information to form a belief as to the truth of the allegations of damages contained in this paragraph and the same is deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). Moreover, Defendant Rite Aid acted with the requisite standard of care at all 369366.1 times relevant hereto and in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff, Creedin F. Cornman. WHEREFORE, Defendant Rite Aid demands judgment in their favor and against Plaintiffs without cost to them. NEW MATTER By way of further response to the allegations contained in Plaintiffs' Complaint, Defendant Rite Aid hereby raises the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 28. Defendant Rite Aid incorporates Paragraphs 1 through 27 of this Answer as if set forth at length herein. 29. Plaintiffs fail to state a cause of action against Defendant Rite Aid upon which relief can be granted. 30. Defendant Rite Aid raises all affirmative defenses of the Healthcare Services Malpractice Act, 40 P.S. 99 1301.101, et seq. 31. For the purposes of preserving the same, and subject to further discovery, all or some of Plaintiffs' claims are time-barred due to the expiration of the applicable Statute of Limitations. 32. For the purpose of preserving the same, and subject to discovery, all or some of Plaintiffs' claims may be barred pursuant to the affirmative defenses of release, offset, or accord and satisfaction. 369366.1 33. At no time relevant hereto was any other natural person, partnership, corporation, or other legal entity acting or serving as an agent. servant, employee, or otherwise for or on behalf of Defendant Rite Aid. 34. In the event that it is determined that Defendant Rite Aid was negligent with regard to any of the allegations contained in and with respect to Plaintiffs' Complaint, said allegations being specifically denied, discovery may establish that said negligence was superseded by the intervening negligent acts of other persons, parties, and/or organizations other than Defendant Rite Aid, and over whom Defendant Rite Aid had no control, right, or responsibility, and therefore Defendant Rite Aid is not liable. 35. To the extent that the evidence may show that other persons, partnerships, corporations, or other legal entities caused or contributed to the injuries or the pre-existing condition of Plaintiff, Reba M. Cornman, then the conduct of Defendant Rite Aid was not the legal cause of such conditions or injuries. 36. Any acts or omissions of Defendant Rite Aid alleged to constitute negligence were not substantial factors contributing to the injuries and damages alleged in Plaintiffs' Complaint. 37. If any injuries and damages, as alleged in Plaintiffs' Complaint, were caused in whole or in part by persons or entities over whom Defendant Rite Aid had no duty to supervise or control, then Defendant Rite Aid is not liable, and Plaintiffs may not recover against them. 369366.1 38. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of Defendant Rite Aid, but rather were caused by pre-existing medical conditions and causes beyond the control of Defendant Rite Aid, and therefore Plaintiffs may not recover against Defendant Rite Aid. 39. The incident and/or damages described in Plaintiffs' Complaint were caused or contributed to by Plaintiffs. 40. The Plaintiffs may have assumed the risk. 41. Ifthere is a judicial determination that Pa. R.CP. 238 is constitutional, with said constitutionality being expressly challenged as in violation of the due process and equal protection clauses of the 14th Amendment of the United States Constitution, 42 U.S.C. 9 1983; Article 1 9 1, 6, 11,25; and Article V, 9 10(c) of the Pennsylvania Constitution, then any and all liability for interest imposed by the Pennsylvania Rules of Civil Procedure should be suspended during any such period of time that Plaintiffs: (a) failed to convey to Defendant Rite Aid a settlement figure; (b) delayed in responding to any Interrogatories as properly served; (c) delayed in responding to any Request for Production of Documents and/or things as properly served; (d) delayed in producing Plaintiffs for deposition following proper service of Notice of Deposition upon Plaintiffs and/or their counsel; (e) delayed in producing Plaintiffs for physical examination upon proper notice; or (f) delayed in any other manner relating to discovery requests properly made by Defendant Rite Aid. 369366.1 42. Defendant Rite Aid raises all affirmative defenses of the Medical Care Availability and Reduction of Error (MCare) Act a/kJa Act 13 of 2002 as a limit/bar to Plaintiffs' claims. WHEREFORE, Defendant Rite Aid demands judgment in their favor and against Plaintiffs without cost to them. THOMAS, THOMAS & HAFER, LLP DATE: 7),z./lI:;- By:~d~a~ Sara W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant Rite Aid of Pennsylvania, Inc. 369366. J VERIFICATION I, Michael J. McCaffrey, state that I am an authorized representative of Rite Aid of Pennsylvania, Inc., that I make this Verification on behalf of Defendant Rite Aid of Pennsylvania, Inc. and that I have read the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT which has been drafted with the assistance of counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.SA S 4904 relating to unsworn falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. 7:l~Ca7:::~ Pharmacy Development Manager Rite Aid of Pennsylvania, Inc. DATE: July 21,2005 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United S"'os m,'I. po"'ge p,epeld. 00 'he ;<1 d,yof d"Y . 2005' Michael A. Scherer, Esquire 19 W est South Street Carlisle, PA 17011 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP By C? ~<<4dI- Sarah W. Arosell, Esquire 369366.1 <:~!, I") '::;;? W' ...' ~'1 -" T"",) r,J -'.' _..I "';'J ::-<. II REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-1843 CIVIL ACTION RITE AID CORPORATION, Defendant V. GENERAL HEALTH CARE RESOURCES, Additional Defendant REPLY TO NEW MATTER OF DEFENDANT RITE AID OF PENNSYLVANIA. INC. (INCORRECTLY IDENTIFIED AS RITE AID CORPORATION) 28. No responsive pleading is required to this allegation. 29.-42. The allegations in these paragraphs are conclusions of law to which no responsive pleading is required by answering plaintiff. Additionally, the allegations are generally denied to pursuant to Pa.R.C.P. 1029 (e). Respectfully submitted, O'BRIEN, BARIC 8, SCHERER ~~-/ Michael A. Scherer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlitlcornman/newmatter.rep II . I CERTIFICATE OF SERVICE I hereby certify that on August 4- ,2005, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire did serve a copy of the Reply to New Matter of Defendant Rite Aid of Pennsylvania, Inc. (Incorrectly Identified as Rite Aid Corporation), by first class U.S. mail, postage prepaid, to the parties listed be!low, as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, Pennsylvania 17108 General Healthcare Resources, Inc. 2250 Hickory Road, Suite 240 Plymouth Meeting, Pennsylvania 19462 C) c- "" '":.:::"> ,",' -n c.n .-1 :~r: .i. I u; \..c. ..< r CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS REBA M. CORN~~N & CREEDIN F. CORNMAN TERM, -VS- CASE NO: 05-1843 RITE AID OF PA., INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SARAH W. AROSELL, ESQ. certifies that (I) A notice of intent to serve Xhe subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/15(2005 ;r-s or;1behalf 'jf . /.1 // ) ~ /\ , SAR~~~.V' ~ Attorney for DEFENDANT DEll-578485 3 J. 2 64 - L 0 J. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS REBA M. CORNMAN & CREEDIN F. CORNMAN TERM, -VS- CASE NO: 05-1843 RITE AID OF PA., INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CNTR MEDICAL RECORDS DR. DEBRA TAYLOR MEDICAL RECORDS TO: MICHAEL SCHERER, ESQ., PLAINTIFF COUNSEL MCS on behalf of SARAH W. AROSELL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, .then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/25/2005 MCS on behalf of SARAH W. AROSELL, ESQ. Attorney for DEFENDANT CC: SARAH W. AROSELL, ESQ. - 924-50600 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-307508 31.264 - C 01. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND REBA M. CORNMAN & CREEDIN F. CORNMAN FileNo. 05.1843 vs. RITE AID OF PA., INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CNTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: '**** SEE A TT ACHED RIDER **** at TheMeS Grauo Ine ]601 Market Street Suite 800. Philadelohia PA 19103 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: SARAH W. AROSELL. ESO. ADDRESS: 305 N. FRONT STREET P. O. BOX 999 HARRISBURG PA 17108 TELEPHONE: (215\ 246.0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: .~ IU' is/!! . ~ 10 ~ O(Oor Seal 0 the Court 31264-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CNTR 246 PARKER STREET CARLISLE, PA 17013 RE: 31264 REBA M. CORNMAN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consultmg and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treannent, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treannent, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: REBA M. CORNMAN 10 CREEK ROAD, CARLISLE, PA 17013 Social Security #: 180-26-7492 Date of Birth: 07-31-1932 SU10.5752583l264-LOl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS REBA M. CORNMAN & CREEDIN F. CORNMAN TERM, -VS- CASE NO: 05-1843 RITE AID OF PA., INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SARAH W. AROSELL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08(15(2005 SARAH W. AROSELL, ESQ. Attorney for DEFENDANT DEll-578486 32264 -LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS REBA M. CORNMAN & CREEDIN F. CORNMAN TERM, -VS- CASE NO: 05-1843 RITE AID OF PA., INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CNTR DR. DEBRA TAYLOR MEDICAL RECORDS MEDICAL RECORDS TO: MICHAEL SCHERER, ESQ., PLAINTIFF COUNSEL MCS on behalf of SARAH W. AROSELL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is wai ved or if no obj ection is made, .then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07(25(2005 MCS on behalf of SARAH W. AROSELL, ESQ. Attorney for DEFENDANT CC: SARAH W. AROSELL, ESQ. - 924-50600 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-30750831264-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND REBA M. CORNMAN & CREED IN F. CORNMAN FileNo. 05.1843 vs. RITE AID OF PA., INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. DEBRA TAYLOR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. mc. 1601 Market Street Suite 800 Philadelnhia PA 19103 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: SARAH W. AROSELL. ESO. ADDRESS: 305 N. FRONT STREET P. O. BOX 999 HARRISBURG. PA 17108 TELEPHONE: (215) 246.0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 1!!r,151Gii5 J j) 11 ({' JffiS / Seal f the Court 31264-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DEBRA TAYLOR 220 WILSON STREET SUITE 109 CARLISLE, PA 17013 RE: 31264 REBA M. CORNMAN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: REBA M. CORNMAN 10 CREEK ROAD, CARLISLE, PA 17013 Social Security #: 180-26-7492 Date of Birth: 07-31-1932 8U10-575260 31264. -LO:2 (") ...., 0 = c = ." ~ c..n ".. -l \'};J: ~ C".:;;rf c: F!i:!J ~ G'1 r' "7 -om (;1 U:J :Dy .. ~~~ tc:: ""-:' ... .." -.','-"1 - l,Je') ~~c ::r. 'd ()rn -I Z ?l5 =< Ul N -< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01843 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNMAN REBA M ET AL VS RITE AID CORPORATION R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT, to wit: GENERAL HEALTH CARE RESOURCES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within WRIT TO ADD'L DEFEN. On September 30th , 2005 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery Co Postage 18.00 9.00 10.00 33.00 .74 70.74 09/30/2005 THOMAS THOMAS So ans~ ~ -' ~6~.'"::2.' . .../~~~~: ~::;;-~~:~/7 . R. Thomas Kline Sheriff of Cumberland County _./ & HAFER Sworn and sUbscribe:~ before this ~ day of U)..lIf me ary Sep,19. 2005 2:46PM Cumberland Co. Sheriff No,581t P. 2 In The Court of Common Pleas of Cumberland County, Pennsylvania Reba M. COrnnan et 81 VS Rite Aid Corp::>ration VS. Gi>.neral Heal thcare Resources No. 05-1843 civil N June.9, 2005 ow, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputi:le the Sheriff of Mcin tgorie:ry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ -t:~ Sheriff of Cumberland County, PA Affidavit of Service ,200') , at d)V:; o'clock 1/ M. served the by handing to {J (jVV\ Rvs,~ a ~ copy of the original C/4 and made known to vi!( the contents thereof. So answers, 0?~~.. ~/- (t'd- rv Sheri f .l'Vv'5~~ County, PA Swom anq..sUbSCribed;~ . j!,,2Ldayod 2~ ~c,~ ,/tSZ . . , f; COSTS SERVICE MILEAGE AFFIDAVIT $ $ ,.~-'~';.",'",""'~ """.... NOTA>i;.v...sio.)L. U""",,, L ","u'., . . NenisloWii' Vf"",;:,;,,_~, ";()i;CrtPuCfc MyCommissl~~'k=~ .. 'I 1- , i I REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-1843 CIVIL ACTION RITE AID CORPORATION, Defendant CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: (z..'"2..-\.05" -1%/t4,!1v- Michael A. Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, PA '17013 (717) 249-6873 Attorney for Plaintiffs mas.dir/genlitlcornman/discontin ue.pra ,I CERTIFICATE OF SERVICE I hereby certify that on December .aJt, 2005, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Sarah W. Arose II , Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, Pennsylvania 17108 General Healthcare Resources, Inc. 2250 Hickory Road, Suite 240 Plymouth Meeting, Pennsylvania 19462 C) C' r-' ;,-) 'f/!, "':n c.i1 c;" rh ("") '" f'-J -<, 0-"'< ---'~ -- -- (,J .------- Ii REBA M. CORNMAN and CREEDIN F. CORNMAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RITE AID CORPORATION, Defendant NO. 2005-1843 CIVIL TERM CIVIL ACTION V. GENERALHEALTHCARE RESOURCES, Additional Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: I I Ii II II I II 'I II I, I' Kindly mark the above-captioned action as having been settled and discontinued with prejudice. Respectfully submitted, O'BRIEN, BARIC & SCHERER '2':'7 1-- ( j ,.) /I --,-;1 ,,/1"" //>~(:f [1 (}L Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Date: Attorney for Plaintiffs mas.dir/genlitlcornman/d iscontin ue2. pra . I CERTIFICATE OF SERVICE I hereby certify that on December M, 2005, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire did serve a copy ofthe Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, Pennsylvania 17108 General Healthcare Resources, Inc. 2250 Hickory Road, Suite 240 Plymouth Meeting, Pennsylvania 19462 II I n C~ ......) ,~::7 ,..-.,~ ;:-:;; d ;'1'1 (-, (.J "'1'1 f',.) '.0 C) 01 C.,