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HomeMy WebLinkAbout05-2117IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Diane E. Ott, Civil Action - Law Plaintiff vs. No. Us-l17 Giant Food Stores, LLC, and Giant Food Stores, Inc. Defendant PRAECIPE LAW OFFICES DILoAm COSENfINO & BOLINGER PO 330 LINCOLN WAY EAST P.O. BOX WE CHAMBEBSBUBG. PA 17201 To: Curtis R. Long, Prothonotary Please enter my appearance on behalf of the above captioned issue Writs of Summons against the above captioned Defendants. Respectfully submitted, Date: April 15, 2005 DILORETO, COSENTINO ?& BLINGER PC i By. 330 Lincoln Way-Earst P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 r 2(?i( S and v {^v ? ?'_ tJr r r ? r^ =J c i W- 0 .Yc Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DIANE E. OTT, Court of Common Pleas Plaintiff Vs. No. 05-2117 CIVIL TERM In CivilAction-Law GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. 1149 HARRISBURG PIKE CARLISLE, PA 17013 Defendant To GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC., You are hereby notified that DIANE E. OTT, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date APRIL 22, 2005 Deputy Attorney: Name: PHILIPS. COSENTINO, ESQUIRE Address: DILORETO, COSENTINO & BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG, PA 17201 Attorney for: Plaintiff Telephone: 717-264-2096 Supreme Court ID No. 30076 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIANE E VS GIANT FOOD STORES LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GIANT FOOD STORES LLC the DEFENDANT , at 1435:00 HOURS, on the 25th day of April , 2005 at 1149 HARRISBURG PIKE CARLISLE, PA 17013 by handing to TINA WARRNER, PARALEGAL, 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 thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .37 Surcharge 10.00 .00 32.07 Sworn and Subscribed to before me this J"j day of Ltilc.. „2UU.5 A. D. rothonotary So Answers: R. Thomas Kline 04/26/2005 DELORETO COSENTINO BOLINGER B ? o ??z 1<< I l`( ? Deputy S eriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-02117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTT DIANE E VS GIANT FOOD STORES LLC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GIANT FOOD STORES INC the DEFENDANT , at 1435:00 HOURS, on the 25th day of April , 2005 at 1149 HARRISBURG PI CARLISLE, PA 1701 by handing to TINA WARRNER, PARALEGAL 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 thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3.L?C day of ivy o?cf9S A. D. ,, . 2 Prothonotary So Answers: R. Thomas Kline 04/26/2005 DILORETO COSENTINO BOLINGER By r ?? eputy Sheriff P AFILE.SVDATAFIL6AMAC9500ACunentO761pm 1Amns QeeI,d 9/20/04 006PM Revised. 2/23106 3 52PM 9500 396 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants DIANE E. OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2117 CIVIL ACTION - LAW GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC., Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter and issue a rule upon the Plaintiff to file aComplaint within twenty (20) days from service thereofor sufferjudgment ofnon pros. Defendants hereby demand a twelve jurorjury trial in the above captioned action. Date: February 24, 2006 MARTSON By. I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants & OTTO RULE AND NOW, thisc? y of , 2006, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. Prothonotary CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent forMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 MARTSON DEARDORFF WILLIAMS & OTTO By Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 24, 2006 ,t,. , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORE,LLC & GIANT FOOD STORE INC. r, n1/7 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-2117 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE FALLER, JR., 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. DATE: 08/31/2006 MCSS on behalf ?oofy7??? (n/? GE03YG?R, Jq ; -ESQJ Attorney or DEFENDANT R1.18 133-H DE11-0644255 30233-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORE,LLC & GIANT FOOD STORE INC. COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 THOMAS OLLASON, ESQ. OTHER TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE FALLER, JR., 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: 08/11/2006 CC: GEORGE FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0339393 30233-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT vs. File No. 05-2117 GIANT FOOD STORE,LLC & GIANT FOOD STORE : TO: Custodian of Records for THOMAS OLI_.ASON. ESQ. (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 (7roitp. Inc.. 1601 Market Street_ Suite 800. Philadelphia. 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: GEORGE FALLER JR.. ESO. ADDRESS: 10 E. HIGH STREET CARLISLE. PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ?t a 9 2oU? Seal of the Court 30233-01 ti } EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR THOMAS OLLASON, ESQ. SWARTZ CAMPBELL, LLC 275 GRANDVIEW AVENUE CAMP HILL, PA 17011 RE: 30233 DIANE E OH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. THE COMPLETE FILE REGARDING DIANE OTT INCLUDING BUT NOT LIMITED TO COPIES OF ANY MEDICAL RECORDS, MEDICAL REPORTS, IME'S AND HEARING TRANSCRIPTS, ETC.,AND EXCLUDING ANYTHING FROM THE ATTORNEY-CLIENT PRIVILEGE. Subject : DIANE 8 OH 274 WHITNER ROAD, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.15S 133-H SU10-0637042 30233-LO1 C o; o t I. J? '13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 A IN THE MATTER OF: COURT OF COMMON PLEAS DIANE OTT TERM, CUMBERLAND -vs- CASE NO: 05-2117 GIANT FOOD STORES, LLC As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 12/19/2006 i4aS on behalf of Attorney for DEFENDANT R1.23 133-H DE11-0662004 43413 -LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PA DEPT. OF AGRICULTURE EMPLOYMENT ARTHUR H. HORN_ M.D. MEDICAL RECORDS MARK P. HOLENCIK, D.O. MEDICAL RECORDS SHIPPENSBURG FAMILY PRACTICE MEDICAL RECORDS ROBERT J. SCHLEGEL, JR., M.D. MEDICAL RECORDS TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 11/29/2006 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348254 43413-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT File No. 05-2117 vs. GIANT FOOD STORES, LLC SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA DEPT OF AGRICULTURE (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 M Group. Inc 1601 Market Street Suite 800 Philadelphia PA 14103 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: GEORGE B. FALLER. JR.. ESO. ADDRESS: 10 E. HIGH STREET THE LENDEL BUILDING CARLISLE PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: /V othonotary/Clerk, Ci 1 Division >K . p Deputy U , . Date: _ J?ahoynberr3(?ll(o Seal of the Court 43413-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA DEPT. OF AGRICULTURE 2301 N. CAMERON STREET HARRISBURG, PA 171109408 RE: 43413 DIANE E. OTT Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : DIANE E. OTT 274 WHITNER ROAD, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.16S 133-H SU10-0656268 43413-LO1 CERTIFICATE R,. PREREQUISITE TO SERVICE OF A SUBPOENA! n "w w PURSUANT TO RULE 4009.22 k IN THE MATTER OF: COURT OF COMMON PLEAS DIANE OTT TERM, CUMBERLAND -vs- CASE NO: 05-2117 GIANT FOOD STORES, LLC As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 12/19/2006 on behalf of JR., ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0662005 43413 -L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -vs- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PA DEPT. OF AGRICULTURE EMPLOYMENT ARTHUR H. HORN,, M.D. MEDICAL RECORDS MARK P. HOLENCIK, D.O. MEDICAL RECORDS SHIPPENSBURG FAMILY PRACTICE MEDICAL RECORDS ROBERT J. SCHLEGEL, JR., M.D. MEDICAL RECORDS TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 11/29/2006 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 Z1.16S 133-H DE02-0348254 43413-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT vs. GIANT FOOD STORES, LLC File No. 05-2117 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for ARTHUR H HORN, M.D. (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 Inc 1601 Market Street Suite 800 Philadelphia. 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: GEORGE B. FALLER, JR., ESO. ADDRESS: 10 E. HIGH STREET T EN L BUILDING CARLISLE. PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: A)DVPa'Yl r ;,q lo p& Seal of the Court BY THE COURT: / rothonotary/Clerk, Ci 1 Division Deputy 43413-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ARTHUR H. HORN- M.D. 818 VIRGINIA AVENUE HAGERSTOWN, MD 21740 RE: 43413 DIANE E. OTT 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 : DIANE E. OTT 274 WHITNER ROAD, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.16S 133-H SU10-0656270 43413-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-2117 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 12/19/2006 on behalf of EDRGB./ALLER,-JR., ESQ. /Attorney for DEFENDANT R1.23 133-H DE11-0662006 43413-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -vs- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PA DEPT. OF AGRICULTURE EMPLOYMENT ARTHUR H. HORN_ M.D. MEDICAL RECORDS MARK P. HOLENCIK, D.O. MEDICAL RECORDS SHIPPENSBURG FAMILY PRACTICE MEDICAL RECORDS ROBERT J. SCHLEGEL, JR., M.D. MEDICAL RECORDS TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 11/29/2006 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348254 43413-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT vs. GIANT FOOD STORES, LLC File No. 05-2117 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MARK P HOLENCIK D O (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 Inc 1601 Market Street Suite 800 Philadelphia 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: GEORGE B. FALLER, JR., ESO. ADDRESS: 10 E HIGH STREET THE LENDELL BUILDING CARLISLE. PA 17013 TELEPHONE: (215) 246-0200 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ?embRr 19 90CG Seal of the Court BY THE COURT: /Pot-honotary/Clerk, Division -17 Deputy 43413-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARK P. HOLENCIK, D.O. 49 BROOKWOOD AVE. CARLISLE, PA 17013 RE: 43413 DIANE E. OTT 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 : DIANE E. OTT 274 WHITNER ROAD, SHIPPENSBURG, PA 17257 Social security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.16S 133-H SU10-0656272 43413-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DIANE OTT -vs- GIANT FOOD STORES, LLC 4.Y A COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-2117 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 12/19/2006 S on behalf of ,0 ?. AL0, ?JR?WES Attorney for DEFENDANT R1.23 133-H DE11-0662007 43413-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -vs- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PA DEPT. OF AGRICULTURE EMPLOYMENT ARTHUR H. HORN,, M.D. MEDICAL RECORDS MARK P. HOLENCIK, D.O. MEDICAL RECORDS SHIPPENSBURG FAMILY PRACTICE MEDICAL RECORDS ROBERT J. SCHLEGEL, JR., M.D. MEDICAL RECORDS TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 11/29/2006 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348254 43413-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT vs. GIANT FOOD STORES, LLC File No. 05-2117 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for SHIPPENSBURG FAMILY PRACTICE (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 irogp. Inc 1601 Market Street Suite 800, Philadelphia 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: GEORGE B. FALLER, JR., ESO. ADDRESS: 10 E. HIGH STREET THE i ENDELL BUILDING CARLISLE. PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: S P othonotary/Clerk, Civ Division & . -t-- [\,.J-. Deputy Date: ?-JtZVeYI'IbPI ao? app[r Seal of the Court 43413-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHIPPENSBURG FAMILY PRACTICE 46 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 RE: 43413 DIANE E. OTT 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 : DIANE E. OTT 274 WHITNER ROAD, SHIPPENSBURG, PA 17251 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.16S 133-H SU10-0656274 43413-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA r _ PURSUANT TO RULE 4009.22 IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-2117 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 12/19/2006 i qqS on behalf o LER,' ?JR. ttorney for DEFENDANT R1.23 133-H DE11-0662008 43413-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PA DEPT. OF AGRICULTURE EMPLOYMENT ARTHUR H. HORN,, M.D. MEDICAL RECORDS MARK P. HOLENCIK, D.O. MEDICAL RECORDS SHIPPENSBURG FAMILY PRACTICE MEDICAL RECORDS ROBERT J. SCHLEGEL, JR., M.D. MEDICAL RECORDS TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 11/29/2006 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ES Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348254 43413-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT vs. GIANT FOOD STORES, LLC File No. 05-2117 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for ROBERT J SCHLEGEL JR M.D. (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, Inc 1601 Market Street Suite 800 Philadelphia 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: GEORGE B. FALLER, JR., ESO. ADDRESS: 10 E. HIGH STREET THE LENDELL BUILDING CARLISLE. PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: kbVM&A app{p Seal of the Court BY THE COURT: /3/ "- P. P othonotary/Clerk, Civi Division &b',, e. Deputy 43413-05 • EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT J. SCHLEGEL, JR., M.D. 455 S. WASHINGTON STREET GETTYSBURG, PA 17325 RE: 43413 DIANE E. OTT 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 : DIANE E. OTT 274 WHITNER ROAD, SHIPPENSBURG, PA 17257 Social security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.16S 133-H SU10-0656276 43413-LO5 ?a n ?? ??- ?=? -n i.? _ _ r -? ?j= i ? 3 _-?-' ..? C? - r, -? , ,.__ .:±J ? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Diane E. Ott, Plaintiff vs. Giant Food Stores, LLC, and Giant Food Stores, Inc. Defendant NOTICE Civil Action - Law No. 05-2117 Civil Term You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may LAW OFFICES lose money or property or other rights important to you. DILoFvo, Cosww & BOLMGER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 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. Pennsylvania Bar Association Lawyer Referral P.O. Box 186 Harrisburg, PA 17108 800 692-7375 LAW OFFICES DiLowro, Comm & BOLMER PC 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Diane E. Ott, Civil Action - Law Plaintiff vs. Giant Food Stores, LLC, and Giant Food Stores, Inc. Defendant No. 05-2117 Civil Term COMPLAINT NOW comes the Plaintiff, Diane E. Ott, through her attorney, Philip S. Cosentino, and for cause of action against the Defendants, sets forth the following: 1. Plaintiff is Diane E. Ott, an adult individual living and residing at 274 Witmer Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant, Giant Food Stores, LLC, is a corporation licensed to do business within the Commonwealth of Pennsylvania with its principal place of business located at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 3. LAW OFFICES DUREro, Goswwo & BOLINGER Pc 330 LINCOLN WAY EAST P.O. BOX 866 CNAMBERSBURG,PA 17201 Defendant, Giant Food Stores, Inc, is a corporation licensed to do business within the Commonwealth of Pennsylvania with its principal place of business located at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 4. On May 23, 2003, Plaintiff, Diane E. Ott, was employed by the Pennsylvania Department of Agriculture as an inspector. 5. On said date at approximately 1:30 P.M., she was inspecting produce, in the course of her employment, in a warehouse, owned and operated by Defendants, and located in Cumberland County, Pennsylvania. 6. During the course of her inspection, an employee, agent and servant of Defendants, within the course and scope of his employment, caused a stack of pallets which he was moving by means of a mechanical lift, to smash into Plaintiff's back, pinning her between two stacks of pallets. 7. As a result of being struck and pinned as above alleged, Plaintiff sustained injuries as follows: A. Traumatic exacerbation of clinically quiescent degenerative changes at L3-4, 1-4-5 and L5-S1; B. Paracental HNP at L5-S1; C. Disk bulge with left lateralizing HNP at L5-S1; D. Spondylolisthesis at 1-3-4; and, E. Nervous shock. 8. Defendants are vicariously liable for the negligent conduct of their agent, servant and employee identified in Paragraph 6 above, said employee's negligence consisting of the following: A. Employee's failure to see Plaintiff before causing the pallets to strike her; LAW OFFICES DiLORETO, Gosmmo B. Employee's failure to stop the lift he was operating &BOLMOER PC before striking Plaintiff; 330 UNCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 C. Employee's failure to warn the Plaintiff before striking and pinning her; and, D. Employee's failure to use due care under the circumstances. 9. The injuries sustained by Plaintiff, Diane E. Ott, as above set forth, were the result of the negligence of Defendants, said negligence consisting of the following: A. Failure to properly train its employee in the safe movement of pallets; B. Failure to provide its employees with safe and appropriate equipment to be used in the movement of pallets; C. Failure to properly supervise the activities of its employees; and C. Failure to use due care under the circumstances. LAW OFFICES DILOREfo, CosEwwo d BoLwER Pc 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 10. By reason of her injuries, Plaintiff, Diane E. Ott, has received medical attention and care rendered by the following medical providers on the dates indicated and has incurred liability for payment of bills for that medical attention and care in the sums indicated which are reasonable and customary in the community where Plaintiff was treated: Medical Provider 1. Chambersburg Hospital 112 North Seventh Street Chambersburg, PA 17201 Date of Treatment Amount 05/29/03 365.00 06/03/03 1,505.00 07/02/03 297.00 06/03/04 186.00 12/15/04 321.00 03/09/05 2,382.00 09/11/06 324.00 LAW OFFICES DILORETo, Coswwo & BOLMJOER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 Medical Provider 2. Chambersburg Hospital Physical Therapy 112 North Seventh Street Chambersburg, PA 17201 3. Shippensburg Family Practice 46 Walnut Bottom Road Shippensburg, PA 17257 4. Arthur H. Horn, M.D. 818 Virginia Avenue Hagerstown, MD 21740 5. Mark P. Holencik, D.O. Conservative Orthopedics 40 Brookwood Avenue Carlisle, PA 17013 Date of Treatment Amount 01/07/05 - 01/26/5 675.00 05/29/03 63.00 05/29/03 9.00 05/29/03 7.00 06/02/03 63.00 06/02/03 9.00 06/02/03 9.00 06/06/03 63.00 06/06/03 48.00 06/09/03 63.00 06/30/03 250.00 07/17/03 235.00 08118/03 80.00 09/29/03 80.00 10/23/03 175.00 12/04/03 80.00 02/05/04 175.00 03/29/04 80.00 05/24/04 175.00 06/03/04 80.00 06/10/04 175.00 08/05/04 80.00 09/27/04 175.00 11/15/04 175.00 12/14/04 175.00 12/16/04 175.00 01/04/05 80.00 01 /31 /05 175.00 02/28/05 80.00 03/28/05 04/25/05 05/23/05 09/26/05 108.00 09/26/05 395.00 02/13/06 108.00 05/17/06 108.00 09/13/06 108.00 10/24/06 108.00 03/01/07 108.00 LAW OFFICES DURETO, Cosmwo & BoLWAR Pc 330 LINCOLN WAY EAST P.O. BOX 866 CNAMBERSBURG,PA 17201 Medical Provider Date of Treatment Amount 6. Belvedere Medical Corp. 06/13/03 220.00 Department of Internal Medicine 850 Walnut Bottom Road Carlisle, PA 17013 7. Rehabilitation Practitioners, Inc. 08/11/03 562.00 333 West Cork Street Winchester, VA 22601 8. Robert J. Schlegel, M.D. 03/04/05 230.00 York Neurosurgical Associates 04/01/05 55.00 2319 South George Street York, PA 17403 9. Susquehanna Valley Pain Management 10/04/05 (EMG Study) 1,300.00 175 Lancaster Blvd. 09/25/06 225.00 Mechanicsburg, PA 17055 09/25/06 500.00 09/25/06 100.00 10/30/06 500.00 10/30/06 100.00 10. Chambersburg Imaging Associates 05/29/03 74.00 Professional Arts Building 06/03/03 300.00 25 Penncraft Avenue 07/02/03 62.00 Chambersburg, PA 17201 06/03/04 43.00 03/09/05 340.00 09/11/06 40.00 11. CVS Pharmacy #5726 06/06/03 11.96 701 E. King Street 07/01/03 172.85 Shippensburg, PA 17257 07/01/03 88.28 05/24/04 7.22 12. Injured Worker's Pharmacy 08/26/03 1,813.09 9 Branch Street, Lower Level 09/02/03 669.97 Methuen, MA 01844 10/02/03 746.79 12/05/03 1,180.24 01/08/04 548.97 02/10/04 504.91 02/12/04 880.26 02/26/04 708.88 03/01/04 548.97 04/03/04 524.42 04/05/04 923.23 05/19/04 708.88 Medical Provider Date of Treatment Amount 06/10/04 524.42 07/15/04 597.95 08/02/04 524.42 08/06/04 356.69 08/19/04 1,875.47 08/27/04 30.27 09/07/04 597.95 09/26/04 881.11 10/11/04 1,875.47 10/13/04 597.95 11/18/04 259.20 11/20/04 524.42 12/20/04 655.30 12/27/04 642.45 02/11/05 700.84 02/14/05 1,510.23 04/08/05 1,526.07 04/11/05 1,498.96 06/03/05 1,798.96 07/15/05 700.84 0/716/05 660.88 09/06/05 700.84 10/20/05 1,488.78 12/06/05 442.29 12/12/05 146.67 02/18/06 1,493.14 04/12/06 674.35 05/12/06 665.34 05/23/06 153.45 09/18/06 719.84 11/03/06 60.05 12/11/06 665.34 02/05/07 60.05 03/12/07 915.67 TOTALS $ 51,347.58 11. As a result of the injuries sustained by Plaintiff, Diane E. Ott, as above LAW OFFICES DiLoFoo, CosEwwo & BOLNGER Pc 330 UNCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 set forth, she has sustained wage loss as well as diminution and/or destruction of her earning capacity. 12. At the time of the occurrence as above set forth, Plaintiff, Diane E. Ott„ was forty-five years of age, having been born May 19,1958. 13. By reason of the injuries sustained by Plaintiff, Diane E. Ott, as above set forth, she has endured physical, emotional, and mental pain, suffering and inconvenience, and will continue to endure physical, emotional, and mental pain, suffering and inconvenience for a period of time now unknown. WHEREFORE, Plaintiff, Diane E. Off, demands damages of Defendants, Giant Food Stores, LLC, and Giant Food Stores, Inc., in an amount in excess of the mandatory arbitration limits and costs of suit. Respectfully submitted, DILORgT,O, COSENTINO Date: March 20, 2007 Phili S. Cosenti o Attor ey for Plainti Attor ey t D:.. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 LAW OFFICES DILOFETo, Cosmw & Bamm Pc 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsiMito authorities. kk__ DATE: March 20, 2007 Diane E. Ott, Plaintiff LAW OFFICES DiLosuo, Cosmiw & BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Diane E. Ott, Civil Action - Law Plaintiff LAW OFFICES DILoFuo, Cosmwo & Baw.ER Pc 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 vs. No. 05-2117 Civil Term Giant Food Stores, LLC, and Giant Food Stores, Inc. Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving the within Notice to Defend, Complaint and Request for Production of Document upon the person(s) and in the manner indicted below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: George B. Faller, Jr., Esquire MARTSON LAW OFFICE 10 East High Street Camp Hill, PA 17013 Date: March 20, 2007 Respectfully submitted, DILORETO,`I?OSENTINO .--&. OLI GER PC By. PHilit S. Cosentino Atto ney for Plaintiff Attorney I.D. #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 r N a e P `_ ` : v r V IN THE MATTER OF: DIANE OTT CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -vs- GIANT FOOD STORES, LLC TERM, CUMBERLAND CASE NO: 05-2117 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 04/02/2007 MCS on behalf of - /G/ RGa LER, JR . , ES . Attorney for DEFENDANT R1.25 133-H DE11-0679584 43413 -L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA, TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. ALLEN VANSANT MEDICAL RECORDS & BILLING DR. STEVEN TRIANTAFYLLOU MEDICAL RECORDS & BILLING KERRY J. THOMPSON, MD'. MEDICAL RECORDS & BILLING TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 03/12/2007 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.17S 133-H DE02-0357491 43413-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT vs. GIANT FOOD STORES, LLC File No. 05-2117 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR IDISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR ALLEN VANS NT (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 Ca= Inc 1601 Market Street, Suite 800 Philadelpllis_ 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: GEORGE B. FALLER. JR.. ES ADDRESS: 10 E. HIGH STREET TELEPHONE: (2155) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T OURT: Prot onotary/ Civil 'sion APR d 2 2007 Deputy Date: o26,nr? Seal of the Court 43413-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR DR. ALLEN VANSANT SPRINGDALE MEDICAL CENTER 9 RATHON ROAD YORK. PA 17403 RE: 43413 DIANE E. OTT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or 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, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DIANE E. OTT 274 WHITNER ROAD, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.17S 133-H SU10-0675068 43413-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 w IN THE MATTER OF: COURT-OF COMMON PLEAS DIANE OTT TERM, CUMBERLAND -VS- CASE NO: 05-2117 GIANT FOOD STORES, LLC As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 04/02/2007 MCS on behalf of /GEORFALLE ER 47Q. Attorney for DEFENDANT R1.25 133-H DE11-0679585 43413 -L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. ALLEN VANSANT MEDICAL RECORDS & BILLING DR. STEVEN TRIANTAFYLLOU MEDICAL RECORDS & BILLING KERRY J. THOMPSON, M.D. MEDICAL RECORDS & BILLING TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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 14CS or by contacting our local MCS office. DATE: 03/12/2007 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 17S 133-H DE02-0357491 43413-CO1 COMMONWEALTH OF PENNSYLVANIA Cf_ UNTY OF CUMBERLAND DIANE OTT VS. GIANT FOOD STORES, LLC File No. 05-2117 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR STEVEN TRIANTAFYLLOU (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 Inc 1601 Market Street Suite 800 Philadelphia 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: GEORGE B. FALLER. JR.. ESO. ADDRESS: 10 E. HIGH STREET THE LENDELL BUILDING CARLISLE. PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant APR 8 Z 2V Date: a5AL?- S1.2 7 Seal of the Court BY THEOURT: Prot onotary/e-li Civil ivision Deputy 43413-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. STEVEN TRIANTAFYLLOU 1855 POWDER MILL ROAD YORK. PA 17403 RE: 43413 DIANE E. OTT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or 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, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DIANE E. OTT 274 WHITNER ROAD, SHIPPENSBURG, PA 17257 Social security #: XXX-XX-3691 Date of Birth: 05-19-1958 I R1.17s 133-H SU10-0675070 43413-LO7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIANE OTT TERM, CUMBERLAND -VS- CASE NO: 05-2117 GIANT FOOD STORES, LLC As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 04/02/2007 MCS on behalf of GEORG B. FALLER, JR., ESQ. Attorney for DEFENDANT R1.25 133-H DEll-0679586 43413-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. ALLEN VANSANT MEDICAL RECORDS & BILLING DR. STEVEN TRIANTAFYLLOU MEDICAL RECORDS & BILLING KERRY J. THEWPSON, M,. D. MEDICAL REC'OR'DS-. & BILLING TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 03/12/2007 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 17S 133-H DE02-0357491 43413-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT File No. 05-2117 VS. GIANT FOOD STORES, LLC SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KERRY J. THOMPSON- M.D. (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. Inc 1601 Market Street Suite 800 Philadelphia- PA A 10103 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: GEORGE B FALLER JR.. ESO. ADDRESS: 10 E HIGH STREET THE. LENDELL BI IILDi_NG CARLISLE- PA 17013 TELEPHONE: (te) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant APR 0 2 2007 BY T OURT: Protlionotary/Clef4 Ciibivision Deputy Date: I?Zl e c e .2 7 Seal of the Court 43413-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KERRY J. THOMPSON, M.D. ANNE ARUNDEL MED. CTR. 2001 MEDICAL PARKWAY ANNAPOLIS, MD 21401 RE: 43413 DIANE E. OTT Prior approval is required for fees in excess of $150.00 for hospitals.,, $10.0.,00, for all. other providers- Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or 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, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DIANE E. OTT 274 WHITHER ROAD, SHIPPZNSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.17S 133-H SU10-0675072 43413-L08 r?l url -? tig ORIGINAL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIANE OTT TERM, CUMBERLAND -VS- CASE NO: 05-2117 GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, IR., 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. DATE: 04/03/2007 ?MSCS on behf of GE? GE 13. FALL )R. E Skf'l*l Attorney for DEFENDANT R1.17S 105-N DE11-0680462 4 3 4 1 3- L 0 9 C O M M O N W E A L T H OF P E NN S Y L VAN 2 A COUNTY O F C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS DIANE OTT -VS- GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVB A SUBPOENA TO 1?RODUC8 DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations } TO: PHILIP COSENTINO, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 03/14/2007 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 1.25 118-N DE02-0357888 4 3 4 1 3- C O 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR MARGERY GORDON MEDICAL, BILLING, AND X-RAY(S) X1.25 118-N DE02-0357888 4 3 4 1 3- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT VS. GIANT FOOD STORES, LLC File No. 05-2117 GS SUBPOENA TO PRODUCE DOCUMENTS OR THIN FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR MARGORIR GO N (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 Inc 1601 Market Street Suite 800 Philade1y2hja, PA 1,9103 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: GEORGE B. FALLER. JR.. ES ADDRESS: 10 E. HIGH STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T OURT: Pro onota c, Ci ivision I ??' 1 'L? o Deputy Date: Seal of the Court 43413-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR MARGERY GORDON SHIPPENSBURG FAMILY PRACT 46 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 RE: 43413 DIANE E. OTT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING REFERRALS (BUT NOT ACTUAL FILMS) Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : DIANE E. OTT 274 WHITNER ROAD, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 :1.17S 105-N SU10-0675848 4 3 4 1 3- L O 9 n r? t'D Ti .. F:\FILES\DATAFILE\MAC9500\Current\376\9500.376.ansl Created: 2/24106 11:27AM Revised: 5/4/07 10:04AM 9500.376 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants DIANE E. OTT, Plaintiff, V. GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2117 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Giant Food Stores, LLC and Giant Food Stores, Inc., by and through their attorneys, MARTSON LAW OFFICES, and answer Plaintiffs Complaint as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 2. Admitted. 3. Denied. Defendant, Giant Food Stores, Inc., is not a proper party to this action. Giant Food Stores, Inc. was a predecessor in interest to Giant Food Stores, LLC. 4. Admitted. 5. Admitted to the extent that the warehouse was owned and operated by Giant Food Stores, LLC. 6. Admitted that an unidentified employee of Defendant was involved in a minor incident. Defendant does not know the identity of this employee since Ms. Ott indicated that she was okay immediately following the accident and mentioned neither the accident nor complaints of pain, when she returned to the premises five days later. Consequently, employee time sheets for the day of the accident were only obtained when the Writ of Summons was filed, approximately two years after this minor incident. The remaining averments in the paragraph are denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response hereto is necessary, the same is denied pursuant to Pa. R.C.P. 1029(e). 9. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response hereto is necessary, the same is denied pursuant to Pa. R.C.P. 1029(e). 10. Denied pursuant to Pa. R.C.P. 1029(e). 11. Denied pursuant to Pa. R.C.P. 1029(e). 12. Admitted. 13. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter judgment in Defendant's favor with an award of such costs, interest and other relief as the Court deems just and reasonable. By. Respectfully submitted, MARTSONLLAW OFFICES Gedr. F&*r, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 4, 2007 Attorneys for Defendants • VERIFICATION I, LIZABETH CHRISTMAN, Director, Risk Management Department of Giant Food Stores, LLC., acknowledge that I have the authority to execute this Verification on behalf of Giant Food Stores, LLC and certify that the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Answer is that of counsel and not my own. I have read the document and to the extent that this Answer is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Giant Food Stores, LLC Lizabet Christman Director-Risk Management F. \FILES\DATAFILE\MAC9500\Current\3 76\ans I ip CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendants' Answer to Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip S. Cosentino, Esquire DiLoreto, Cosentino & Bolinger, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 MARTSON LAW OFFICES Melis a A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 4, 2007 CJ s ? F:\FILES\Clients\9500 MAC\Currrnt\376\9500.376.motioo.sMus.con£wpd Revised: 3/10/10 10:10AM 9500.376 George B. Faller, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No. 87445 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants FILED-o ; icE OF THE PRO???n?,.,nTARY 2010 MAR 10 AM 10. 19 ??.A1? lift/ DIANE E. OTT, Plaintiff, V. GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2117 CIVIL ACTION - LAW : JURY TRIAL DEMANDED MOTION FOR STATUS CONFERENCE 1. A Complaint was filed on March 20, 2007, by Plaintiff against Defendants for an alleged injury which occurred on May 23, 2003, when Plaintiff was inspecting strawberries at a Giant warehouse while an employee for the Pennsylvania Department of Agriculture. 2. Extensive discovery has been done in this matter and it was scheduled for mediation on May 5, 2009. 3. The mediation conference was canceled at the request of Plaintiff's attorney because he could not secure an employee of the Commonwealth to attend on that date. 4. Defendants have been unsuccessful in getting the mediation conference rescheduled and therefore request a Status Conference with the Court to establish discovery and expert deadlines, and a plan to get this matter to trial. 5. Opposing counsel concurs with said request. 6. No judge has entered any orders. Therefore, Defendants are unaware if a judge has been assigned to this matter. WHEREFORE, Defendants respectfully requests that the Court enter an Order scheduling a Status Conference for the above case and granting any and all such additional relief as the Court deems appropriate. Respectfully submitted, MARTSON LAW OFFICES r' By / jXa"'t? GGeor96 B. aller, Jr., Esquire Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 10, 2010 Attorneys for Defendants CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant's Motion for Status Conference was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip S. Cosentino, Esquire DiLoreto, Cosentino & Bolinger, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 MARTSON LAW OFFICES B. a. law& Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 10, 2010 ?F:\FILES\CGents\9500 MAC\Current\376\9500.376.motion.status.conf.wpd Created: 2/24/06 11:27AM Revised: 3/10/10 10:10AM 9500.376 George B. Faller, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No. 87445 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants , 5"E 2010MAR 12 Ni 4: 12 "Jy MAR 12010 6 3 DIANE E. OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2117 CIVIL ACTION - LAW GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC., Defendants. : JURY TRIAL DEMANDED 1 4#1 ORDER AND NOW, this 14 day of IM? , 2010, it is hereby ORDERED that a Status Conference is scheduled for 2010, at ??•??S , 4 m. in Courtroom No. 3 , Cumberland County Courthouse, Carlisle, Pennsylvania. BY TH COURT, , J. cc: t)?frilip S. Cosentino, Esquire - Attorney for Plaintiff DiLoreto, Cosentino & Bolinger, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 .06"orge B. Faller, Jr,, Esquire - Attorney for Defendants Martson Law Offices 10 East High Street Carlisle, PA 17013 J DIANE E. OTT, IN THE Plaintiff CUMBI V. GIANT FOOD STORES, LLC : NO. 200: And GIANT FOOD STORES, INC., : Defendants URT OF COMMON PLEAS OF AND COUNTY, PENNSYLVANIA i - 2117 CIVIL TERM CIVIL ACTION - LAW ORD AND NOW, this 5TH day of APRIL, 201 , the Status Conference in this matter is rescheduled to MONDAY, AUGUST 23. 2010. at 11.00 a .m in Courtroom # 3 y the Court, A"lilip S. Cosentino, Esquire orge B. Faller, Jr., Esquire :sld c Edward E. Guido, J. X A ,o 0/ N Q l..i = -n n t 7 C 2- ? y? j•' ` .?-°..? •• may CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. ~~~ ~~' ,~ i ~,`, COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-2117 Ca c~~- As a prerequisite to service of a subpoena for documents and things puz~~s`uafr~ to Rule 4009.22 -r~;~-~:+ ~--- r-~:, C._ - r-' N _~~__~ "t~ =,'° _e. MCS on behalf of GEORGE B. FALLER, JR. , ESQ. ~y~E_' t~~ 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. DATE: 06/30/2010 MCS on behal//f~~ of~~// //~~ /S/ ~jeor~e 0~. .}al~er, r ~~ . GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT =_, -r~ ..~ rn -~'~-' -n T .:r C:-J :} ,=, -.,-. _ .. _'J ~_r ,.~~ --~ ' R1.95S 133-H DE11-1120257 43413 -L10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -vs- GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009 21 KEVIN LORENTSEN INSURANCE NANCY L. RADTKE, M.D. MEDICAL RECORDS & BILLING CUMBERLAND VALLEY NEURO. ASSOC MEDICAL RECORDS & BILLING SCOTT G. BARNES, D.O. MEDICAL RECORDS & BILLING TO: PHILIP COSENTINO, ESQ., PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 06/08/2010 MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 PHILIP COSENTINO, ESQ. DILORETO, COSENTINO, ET AL 330 LINCOLN WAY WEST P.O. BOX 866 CHAMBERSBURG, PA 17201 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.95S 133-H DE02-0671204 43413-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT File No. OS-2117 vs. . GIANT FOOD STORES, LLC AND GIANT FOOD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KFVIN LORENTSF.N (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 inc 1601 Ma-rket Street Suite 800 Philadelphia 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: GEORGE B. FALLER. JR.. ESO. ADDRESS: IO E. HIGH STREET CARLISLE. PA 17013 TELEPHONE: ~~) 246-0900 SUPREME COURT 1D #: ATTORNEY FOR: Defendant ~JI1 0=`2~~Q' Date: ~ Seal of the Court BY THE COURT: P thonotary/Clerk, Civil Division ~: Deputy 43413-10 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: KEVIN LORENTSEN 755 NORLAND AVE CHAMBERSBURG. PA 17201 RE: 43413 DIANE E. OTT PERKEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject DIANE E. OTT PERKEY 274 WHITHER ROAD, SHIPPffiTSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 Date of Loss: 05/23/2003 .9ss 133-H solo-os484os 43413-L10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIANE OTT TERM, CUMBERLAND -VS- CASE NO: 05-2117 GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 06/30/2010 MCS on behalf of /S/ C,/e~e ~ ,}after, r., ~~~, GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT R1.95S 133-H DS11-1120260 43413-L11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT File No. OS-2117 vs. GIANT FOOD STORES, LLC AND GIANT FOOD SUBPOENA TO PRODUCE DOCUMENTS OR TffiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NANCY L RADTKE, M D (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 Groin. Inc•, 1601 Market Street- Saite 800_ Philadelphia- 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: GEORGE B. FALLER JR.. ESO. ADDRESS: _ 10 E. HIGH STREET CARLISLE. PA 17013 TELEPHONE: X2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Civil Division ~uN .3 a zoo Deputy Date: ~ /(5 T" Seal of the Court 43413-11 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: NANCY L. RADTKE, M.D. 1000 NORTH FRONT STREET LEMOYNE, PA 17043 RE: 43413 DIANE E. OTT PERKEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or 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, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject DIANE E. OTT PERKEY 274 WHITHER ROAD, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 ~.9ss 133-H solo-0848410 43413-L11 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIANE OTT TERM, CUMBERLAND -VS- CASE NO: 05-2117 GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 06/30/2010 MCS on behalf of /S/ `jeorc,~e ~ ~}affer, r. ~~ GEORGE B.L FALLER, JR., ESQ. Attorney for DEFENDANT R1.95S 133-H DE11-1120263 43413-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT File No. OS-2117 vs. GIANT FOOD STORES, LLC AND GIANT FOOD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND V i LEY NEURO ASSOC (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 Groin, lnc 1601 Market Street. Suite S00_ 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: GEORGE B. FALLER JR.. ESO. ADDRESS: IO E. HIGH STREET CARLISLE PA 17013 TELEPHONE: X2 1 51 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant :JUN 3 0 2~~~, Date: ~ ~;~ ~~'~_~ ~,,(~ l D Seal of the Court BY THE COUR P thonotary/Clerk, Civil Division eputy 43413-12 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: CUMBERLAND VALLEY NEURO. ASSOC 764 LINCOLN WAY EAST CHAMBERSBURG. PA 17201 RE: 43413 DIANE E. OTT PERKEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or 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, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject DIANE E. OTT PERKEY 274 WHITHER ROAD, SHIPPSNSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 :l.9ss 133-H SU10-0848412 43413-L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIANE OTT TERM, CUMBERLAND -VS- CASE NO: 05-2117 GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 06/30/2010 MCS on behalf of /S/`jeo~ge 0~. ~}aCler, r., ~~ . GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT R1.95S 133-H DE11-1120266 43413-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT vs. File No. OS-2117 GIANT FOOD STORES, LLC AND GIANT FOOD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for __ SCOTT G. B RN .. D.O. (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 ATTA H .D RIDER **** at T'he M('S ('.ro~n_ Inc._ 1601 Market Street Lite 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. ~f 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: GEORGE B. FALLER. JR.. ESQ ADDRESS: ~0 E. HI H T RRT "ARi .ISLE. PA 17013 TELEPHONE:1 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant °JUN 3 0 2010 Date: -u ~' ~ 'U ~.U ! (°~ Seal of the Court B THE COURT: ro honotary/Clerk, Civil Division Deputy 43413-13 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: SCOTT G. BARNES, D.O. C/0 DR. JOHN CONROY 50 N. 12TH ST UP LEV LEMOYNE „ PA 17043 RE: 43413 DIANE E. OTT PERKEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or 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, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject DIANE $. OTT PERKEY 274 WHITHER ROAD, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 1.955 133-H SU10-0848414 43413 -L13 r CERTIFICATE (~.. PRSRSQUISITB TO SERVI ~~ ~ `~~ C,S-~ 17C~ 31~Pb~i~,` i ~ PURSUANT TO RUL QO9~ ~2 ~'E j L~ ~ `~ 20i~ ~v G IN THE MATTER OF: DIANE OTT ~~ ~ ~'u i~ ~U1~ ,~ ~;~r~ ~~ COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 05-2117 GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., 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. DATE: 07/20/2010 ~ R1.95S 133-H MCS o/n~ behal}f~ of~/ D/~ /S/T-/evr~e ~..5. ,}after, r . ~~. GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT DEll-1131714 43413-L14 j COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DIANE OTT -VS- GIANT FOOD STORES, LLC AND GIANT FOOD STORES, INC. COURT OF COMMON PLEAS TERM, CASE NO: 05-2117 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MARK P. HOLENCIK,DO MEDICAL RECORDS TO: PHILIP COSENTINO, ESQ., PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., 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: 06/28/2010 CC: GEORGE B. FALLER, JR., ESQ. - 9500.376 PHILIP COSENTINO, ESQ. DILORETO, COSENTINO, ET AL 330 LINCOLN WAY WEST P.O. BOX 866 CHAMBERSBURG, PA 17201 MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.95S 133-H DE02-0679584 43413-CO1 COMMONVi'EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE OTT File No. OS-2117 vs. . GIANT FOOD STORES, LLC AND GIANT FOOD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MARK P. HOLENCIK.DO (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: **** SF.E ATTACHED RIDER **** at The MCS Groun_ Inc.. 1601 Market tree . Lite 800_ Philadelphia 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. 1f 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: GEORGE B. FAL LER JR.. ESO. ADDRESS: _10 E. HIGH STREET _CA i.I i ._ PA 1701 TELEPHONE: 1215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant r,~(. 2 0 2010 Date: ~ .Z~S' old/~ Seal of the Court COURT: 1 onotary/Clerk, Civil Division Deputy 43413-14 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: MARK P. HOLENCIK,DO 40 BROOKWOOD AUE. CARLISE, PA 17013 RE: 43413 DIANE E. OTT PERKEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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 and 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: from: 10-01-2006 to the present. Subject DIANE $. OTT PERKEY 274 WHITI~R ROAD, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-3691 Date of Birth: 05-19-1958 R1.95S 133-H SU10-0852164 43413-L14 F:\FILES\Clients\9500 MAC\Cwrent\376\9500.376.petition to join George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON LAW OFFICES 10 East High' Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants DIANE E. OTT, Plaintiff, V. GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2117 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PETITION OF DEFENDANT GIANT FOOD STORES LLC TO JOIN COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF AGRICULTURE AS AN INTERVENING PLAINTIFF AND NOW, comes the Defendant, Giant Food Stores, LLC, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files this Petition as follows: 1. Plaintiff, Diane E. Ott, NOW Diane Ott Perkey ("Plaintiff'), is an adult individual who currently resides at 274 Witmer Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Giant Food Stores, LLC ("Petitioner"), is a corporation licensed to do business within the Commonwealth of Pennsylvania, with its principal place of business located at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania' 17013. 3. The Commonwealth of Pennsylvania, Department of Agriculture ("Proposed Intervenor"), i' a State agency with a principal office address at 2301 North Cameron Street, Harrisburg, Pennsylvania. 4. Plaintiff's Complaint alleges that an employee of Petitioner struck her with a stack of pallets while she was inspecting produce in the course of her employment with the Proposed Intervenor. 5. On May 23, 2003, the date of the alleged accident, Proposed Intervenor was the Plaintiff's employer and workers' compensation provider. 6. Following Plaintiff's alleged injuries, Proposed Intervenor paid money to Plaintiff to compensate her for her alleged work injury. 7. Proposed Intervenor is now asserting a lien for workers' compensation payments made to Plaintiff. 8. During the course of the workers' compensation proceedings, Proposed Intervenor had Plaintiff examined by Dr. VanSant. 9. Dr. VanSant found that Plaintiff was fully recovered from the injuries she sustained on May 23, 2003. 10. Despite Dr. VanSant's evaluation of Plaintiff, Proposed Intervenor has continued to pay Plaintiff for her treatment for degenerative and congenital conditions. 11. Now, after years of payments for treatment which Proposed Intervenor's own physician stated were unrelated to the incident on May 23, 2003, Proposed Intervenor refuses to compromise its alleged lien. 12. Proposed Intervenor's refusal to compromise its lien has limited the ability of the principal parties to negotiate a resolution of this litigation. 13. Therefore, in the interest of judicial economy, Proposed Intervenor should be joined as an intervening plaintiff in this matter. 14. Proposed Intervenor should be required to file the attached Petition to Intervene. A copy of the Petition to Intervene is attached hereto as Exhibit "A." 15. The Honorable .nudge Guido has previouslybeen assigned to the above-captioned case for several matters. 16. Counsel for Plaintiff, Philip Cosentino, concurs in the requested relief but not in all the allegations of the Petition. WHEREFORE, Defendant Giant Food Stores, LLC's Petition to Join should be granted, and the Commonwealth ofPennsylvania, Department ofAgriculture, should be required to file a Petition to Intervene. Respectfully submitted, MARTSON LAW OFFICES By: George ller, Jr., Esquire Attorney I.D. No. 49813 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Defendants EXHIBIT "A" F TILEWlients\9500 MAC\Cument\376\9500.376.petition to intervene George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON LAW OFFICES 10 East High. Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants DIANE E. OTT, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF AGRICULTURE, Intervenor, V. NO. 05-2117 CIVIL ACTION - LAW GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC., Defendants. JURY TRIAL DEMANDED PETITION TO INTERVENE 1. Plaintiff, Diane E. Ott ("Plaintiff'), is an adult individual who currently resides at 274 Witmer Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Giant Food Stores, LLC ("Defendant"), is a corporation licensed to do business within the Commonwealth of Pennsylvania, with its principal place of business located at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Commonwealth of Pennsylvania, Department of Agriculture, ("Intervenor") is a governmental agency with a principal office address at 2301 North Cameron Street, Harrisburg, Pennsylvania 17110. 4. Plaintiff commenced this action by filing a Complaint against Defendant on March 20, 2007. 5. Plaintiff's cause of action arises out of an incident on May 23, 2003, in which Plaintiff alleges that an employee of Defendant struck her with a stack of pallets while she was working as an inspector for the Commonwealth of Pennsylvania, Department of Agriculture. 6. Intervenor was the provider of workers' compensation benefits to Diane Ott Perkey on the date of the accident. 7. As a result of the accident, Intervenor made payments for Plaintiff's medical bills and lost wages 8. Intervenor alleges that it has a right of subrogation with regard to the payments it made to Plaintiff. 9. Intervenor files this Petition pursuant to Pa. R.Civ. P. 2327(4) because the determination of Plaintiff's suit may affect a legally enforceable interest of Intervenor. 10. If permitted to intervene in this case, Intervenor will adopt, in whole or in part, the Complaint filed by Plaintiff on or about March 20, 2007. WHEREFORE, the Commonwealth of Pennsylvania requests that this Court issue an Order amending the caption to reflect that the Commonwealth of Pennsylvania is a Plaintiff in the above- referenced matter. Respectfully submitted, MARTSON LAW OFFICES By: George B. Faller, Jr., Esquire Attorney I.D. No. 49813 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Defendants CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant's Petition to Join was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip S. Cosentino, Esquire DiLoreto, Cosentino & Bolinger, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Commonwealth of Pennsylvania Department of Agriculture 2301 North Cameron Street Harrisburg, PA 17110 MARTSON LAW OFFICES By: *Tenast. rice igh Street Carlisle, PA 17013 (717) 243-3341 ]rated: f ? / /u . ? i NOV 15 2010 3 DIANE E. OTT, Plaintiff, V. GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2117 CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this 1 V day of ?) I ' '2010, upon consideration of the foregoing Petition, it is hereby ORDERED that: (1) A rule is issued upon the Proposed Intervenor to show cause why the Petitioner is not entitled to the relief requested; (2) the Proposed Intervenor shall file an Answer to the Petition within 6?0 days of the date of this Order; (3) the Petition shall be decided under Pa. R.C.P. No.206.7; • 00 (4) argument shall be held on ?b 20M in Courtroom , of the Cumberland County Courthouse; and (5) notice of the entry of this Order shall be provided to all parties by the Petitioner. BY E C J. cc: hilip S. Cosentino, Esquire - Attorney for Plaintiff DiLoreto, Cosentino & Bolinger, P.C. .?; 330 Lincoln Way East " P.O. Box 866, -, Chambersburg, PA 17201 4 C) eorge B. Faller, Jr., Esquire - Attorney for Defendants' = x Seth T. Mosebey, Esquire y Martson Law Offices " 10 East High Street Carlisle, PA 17013 J-, ?? lE'sS f'Yi? l (? -Commonwealth of Pennsylvania Department of Agriculture 2301 North Cameron Street Harrisburg, PA 17110 I DIANE E. OTT, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2117 " o 0 GIANT FOOD STORES, LLC and CIVIL ACTION - LAW rn -o GIANT FOOD STORES, INC. cn? ; ?-? , Defendants. JURY TRIAL DEMANDED v „o C .-C) rv o" ENTRY OF APPEARANCE y TO THE PROTHONOTARY: Kindly enter the appearance of Leah M. Lewis, PA Supreme Court No. 207045 and John P. Zeigler, PA Supreme Court No. 79475 on behalf of the Commonwealth of PA, Department of Agriculture and its Third-Party Administrator, CompServices, Inc. Respectfully Su Date: )2-16116 Date: By: J6 P. Ze' squire a. Supre urt No. 79475 Swartz Campbell, LLC 275 Grandview Avenue, Ste 104 Camp Hill, PA 17011 717-303-1580 By: " * a" - Leah M. Lewis, Esquire Swartz Campbell, LLC 275 Grandview Avenue, Ste 104 Camp Hill, PA 17011 Pa. Supreme Court No. 207045 717-303-1580 f CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the Entry of Appearance on this 6`h day of December, 2010, to the persons and method as follows: VIA HAND DELIVERY David Buell, Prothonotary Cumberland County Courthouse 1 Courthouse Square Suite 100 Carlisle, PA 17013 VIA FIRST CLASS MAIL Philip Cosentino DiLoreto, Cosentino & Bolinger, PC 330 Lincoln Way East PO Box 866 Chambersburg, PA 17201 Attorney for Plaintiff VIA FIRST CLASS MAIL George B. Faller, Esquire Seth T. Mosebey, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Giant Food Stores, LLC and Giant Food Stores, Inc. n Leah M. Lewis, Esquire PA I.D. No.: 207045 Attorney for Commonwealth of PA, Dept. of Agriculture ? Y DIANE E. OTT, Plaintiff, V. GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2117 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO PETITION OF DEFENDANT GIANT FOOD STORES, LLC TO JOIN COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF AGRICULTURE AS AN INTERVENING PLAINTIFF AND NOW, comes the Commonwealth of Pennsylvania, Department of Agriculture, by and through its counsel, SWARTZ CAMPBELL LLC, and hereby answers the Petition of Defendant Giant Food Stores LLC as follows: After reasonable investigation, the Commonwealth of Pennsylvania, Department of Agriculture is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. 2. After reasonable investigation, the Commonwealth of Pennsylvania, Department of Agriculture is without knowledge or information sufficient to form a belief as to the &thW n falsity of this averment. n ip : ern 3. Admitted. b a ?r 4. Admitted. ;cam C=' ti c:) C-1 Z: 5. Admitted in part. It is admitted that the Commonwealth of Pennsylvania ' 7 , Department of Agriculture was the Plaintiff's employer on May 23, 2003. In regard to workers' compensation, it is admitted that the Commonwealth of Pennsylvania, Department of Agriculture was responsible for payment of workers' compensation benefits to Plaintiff, which benefits were administered by its third-party administrator, CompServices, Inc. 6. Admitted in part. It is admitted that the Commonwealth of Pennsylvania, Department of Agriculture, through its third-party administrator, CompServices, Inc., paid workers' compensation benefits to and on behalf of Plaintiff by virtue of adjudicated decisions initiated in and through the Bureau of Workers' Compensation, Department of Labor & Industry, Commonwealth of Pennsylvania. 7. Admitted in part. It is admitted that by virtue of its payments of workers' compensation benefits to Plaintiff, the Commonwealth of Pennsylvania, Department of Agriculture is entitled to subrogation against any third party responsible in whole or in part for the compensable injury to the extent of compensation paid under the Workers' Compensation Act, as amended, 77 P.S. § 1 et seq. Such subrogation right is automatic pursuant to Section 319 of the Workers' Compensation Act, 77 P. S. § 671. 8. Admitted in part. Due to a claim petition brought by Plaintiff in the Bureau of Workers' Compensation, the Commonwealth of Pennsylvania, Department of Agriculture requested Plaintiff to submit to an independent medical examination ("IME") with Dr. Van Sant on October 13, 2003. 9. Admitted in part. It is admitted that Dr. Van Sant opined that Plaintiff was fully recovered from any injuries that may have been sustained as a result of the incident on May 23, 2003. However, during the course of litigation before the Workers' Compensation Judge, it was adjudicated that Dr. Van Sant's opinions were not accepted and that Claimant continued to suffer ongoing disability as a result of the incident of May 23, 2003. A copy of the adjudicated decision by Workers' Compensation Judge Francis R. Williamson, Jr. is attached hereto as Exhibit "A." 10. Admitted in part and denied in part. It is admitted that the Commonwealth of Pennsylvania, Department of Agriculture has paid workers' compensation benefits to and on behalf of Plaintiff. However, these payments were made as a direct result of litigation, adjudicated decisions and obligations under the auspices of the Workers' Compensation Act, as amended. 11. Denied. The Commonwealth of Pennsylvania, Department of Agriculture has paid workers' compensation benefits pursuant to the obligations of the Workers' Compensation Act and decisions adjudicated thereunder. As a result, the Commonwealth of Pennsylvania, Department of Agriculture has an absolute right to subrogation of the full amounts paid to or on behalf of Plaintiff pursuant to Section 319 of the Workers' Compensation Act, as amended. 77 P.S. § 671. 12. Denied. After reasonable investigation, the Commonwealth of Pennsylvania, Department of Agriculture is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. 13. Denied. This averment constitutes a conclusion of law to which no response is required. To the extent that a response may be necessary, the Commonwealth of Pennsylvania denies that it should be forced to join the instant litigation as an intervening plaintiff. 14. Denied. This averment constitutes a conclusion of law to which no response is required. To the extent that a response may be necessary, the Commonwealth of Pennsylvania denies that it should be forced to file the proposed Petition to Intervene, which was written by a party with interests that may be adverse to its own. 15. Admitted. 16. Denied. After reasonable investigation, the Commonwealth of Pennsylvania, Department of Agriculture is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. WHEREFORE, the Commonwealth of Pennsylvania, Department of Agriculture respectfully requests that this Honorable Court deny and dismiss the Petition filed by Defendant Giant Food Stores, LLC. Date: ?uZ (p Respectfully Submitted, By: John P. Zeigler, Esquire Attorney I.D. No. 79475 Leah M. Lewis, Esquire Attorney I.D. No. 207045 SWARTZ CAMPBELL LLC 275 Grandview Avenue, Ste 104 Camp Hill, PA 17011 717-303-1580 (phone) 717-303-1581 (fax) LTR-005 REV 09/05/00 I%& Circulation Date: 12/27/2004 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS' COWENSATION 717-793-4419 BRIAN J PUHALA ESQ FRED HAIT & ASSOCIATES PC THE WELLINGTON STE 101 17 E HIGH ST CARLISLE PA 17013 DECISION RENDERED COVER LETTER Bureau Claim Number: 2518823 Insurer Claim Number: 004/181503691C Petitions: Claim-Pet DIANE E OTT 274 WHITHER ROAD SHIPPENSBURG, PA 17257-0000 BRIAN J PUHALA ESQ FRED HALT & ASSOCIATES PC THE WELLINGTON STE 101 17 E HIGH ST CARLISLE, PA 17013 VS COM OF PA DEPARTMENT OF AGRICULTURE 2301 NORTH CAMERON STREET ROOM 204 HARRISBURG, PA 17110-0000 DEBRA MATHERNE ESQ. S WARTZ CAMPBELL LLC 1631 N FRONT ST 2ND FL HARRISBURG, PA 17102 COMP SERVICES INC PO BOX 535370 PITTSBURGH, PA 15253 COM OF PA/COMPSERVICES BERNADETTE THOMPSON 2505 N FRONT ST HARRISBURG, PA 17110 Judge: Francis Williamson East Gate Center 1010 North Seventh Street Harrisburg. PA 17102-1400 The attached Decision of the Judge is fmal unless an appeal is taken to the Workers' Compensation Appeal Board as provided bylaw. If you do not agree with this Decision, an appeal must be filed with the Workers' Compensation Appeal Board within 20 days from but not including the date of this notice. Foams for an appeal may be obtained from the Workers' Compensation Appeal Board, Capital Associates Building 901 Naath Seventh Street Third Floor South Harrisburg, PA 17102 ,err .3 i Page 1 of 2 r0EC 2 82001 n - i 1 ~} DIANE E OTT - 2518823 Employee Witnesses & Exhibits: Diane Ott C-01 Fee Agreement C-02 Defendant's Answer to Claim Petition C-03 TRANSCRIPT OF ARUTHUR H HORN MD FEBRUARY 17, 2004 Employer Witnesses & Exhibits: D-01 Deposition Dr VanSant 4/7/04 Hearings: 6/21/2004 10:30:00 1/26/2004 09:30:00 8/15/2003 14:40:00 8/11/2003 14:40:00 Held Held Held Postponed by Judge on 07/31/03 Page 2 of 2 1 Diane Ott PABWC Claim # 2518823 Claim Page 1 of 3 RECORD: 1. The record shows that Claimant received compensation for total disability at a weekly compensation rate of $446.21 based upon an average weekly wage of $669.38 for a work-related lower back injury that occurred in the course and scope of her employment on May 23, 2003. 2. By Order dated March 3, 2004, this Judge granted Claimant's Claim Petition pursuant to a Stipulation by the parties. The Stipulation specifically provided that indemnity was paid through October 13, 2003, the date the Defendant's examining physician opined that Claimant's ongoing medical problems were unrelated to her work- related injury. The issue of Claimant's ongoing disability beyond October 13, 2003, is still pending before this Judge. FINDINGS OF FACT: 1. Claimant testified that on May 23, 2003, she was standing at a pallet of strawberries conducting an inspection when a forklift operator attempted to move more pallets of strawberries to where she was standing, thereby pinning her between the pallets. Claimant stated she felt a good jolt. 2. She immediately notified the on-site supervisor of the incident, and then notified her supervisor the following Tuesday, the next workday after the holiday weekend. Claimant further testified that her pain continued to increase so she began treating with her family doctor and panel provider, Shippensburg Family Practice, who took her off work. 3. Claimant presented the deposition testimony of her treating physician, Dr. Arthur Horn. Dr. Horn is Board-certified in Pain Management, Board-eligible in Physical Medicine and recognized in Maryland as a Specialist in Physical Medicine and Rehabilitation. Dr. Horn testified that he first treated Claimant on June 30, 2003 for low back pain. Dr. Horn farther testified that, after reviewing diagnostic tests including x- rays and MRis, he diagnosed her with disc herniations at L4-5 and L5-S1, and with spondylolistheses at L3-4. Dr. Horn opined that Claimant's diagnoses were causally related to her work injury, and released her to sedentary work. 4. Dr. Horn testified that when he treated Claimant every 4-6 weeks after the initial Diane Ott PABWC Claim # 2518823 Claim Page 2 of3 visit, Claimant's condition continued to improve. When he examined Claimant on October 23, 2003, however, 10 days after Dr. VanSant's examination, Dr. Horn opined. that Dr. VanSant's examination exacerbated her symptoms, resulting in nerve root irritation. 5. Defendant presented the rebuttal testimony of Dr. Alan VanSant, Board Certified in Electrodiagnostic Medicine, who examined Claimant on October 13, 2003. After reviewing Claimant's history and diagnostic test results, Dr. VanSant opined that Claimant experienced a low back contusion on May 23, 2003 that had totally resolved although she exhibited ongoing symptom magnification. He further opined that Claimant's present symptoms and diagnoses were related to her unrelated 1992 back surgery and degenerative changes. 6. Claimant testified credibly. The history and symptoms she related to Dr. Horn and Dr. VanSant were consistent. Her symptoms were corroborated by diagnostic testing.. Despite continuing pain and work restrictions, she returned to work at a position much less challenging than her time of injury job. This Judge accepts as fact Claimant's credible testimony. 7. Dr. VanSant performed a Section 314 examination of Claimant on October 13, 2003. He diagnosed a fully resolved contusion caused by a work-related injury on May 23, 2003. His diagnosis was inconsistent with Claimant's medical history and. her diagnostic test results. Therefore, I find Dr. VanSant's.testimony to be equivocal and of no value. Moreover, in the course of his examination, Dr. VanSant utilized draconian procedures that exacerbated Claimant's condition. 8. Dr. Horn has treated Claimant regularly, beginning less than one month after the work accident occurred, and has weighed her current condition. against her surgical history, the absence of intervening symptomology, and present diagnostic test results. Therefore, I find Dr. Horn's testimony to be unequivocal and credible that Claimant's present diagnoses and disabilities are casually related to her work related accident of May 23, 2003. I specifically find that the exacerbation Claimant experienced after Dr. VanSant's examination to be causally related to her work-related, injury, and the ongoing treatment flowing there from to be compensable. 9. Claimant offered her twenty percent (20%) Fee Agreement, which this Judge approves, which includes a twenty percent (20%) fee on all unpaid medical bills. 10. Claimant further offered cost exhibits totaling $1,606.21. Diane Ott PABWC Claim # 2518823 Claim Page 3 of 3 CONCLUSIONS OF LAW: 1. The parties are bound by the provisions of the Pennsylvania Workers' Compensation Act, as amended. 2. To prevail in a Claim Petition, the Claimant has the burden of proving a disabling injury occurred in the course and scope of employment. In a Claim Petition, the burden is on the Claimant to establish all the elements necessary to support an award, including the proof of a causal relationship between the Claimant's injury. and his or her disability. The Claimant has an ongoing burden of proving the injury continues to cause disability throughout the pendency of the Claim Petition proceedings. A Claimant establishes ongoing disability with unequivocal medical evidence. 3. The parties stipulated that Claimant sustained a work related injury in the course and scope of employment on May 23, 2003 injuring her lower back through the date of Dr. VanSant's Section 314 examination. While Dr. VanSant opined that Claimant had fully recovered from her work-related injury by October 13, 2003 when he examined her, Dr. Vansant's testimony is equivocal and not credible. Dr. Horn, however, credibly and unequivocally opined that Claimant has not recovered form her work-related injury, in part due to the exacerbating examination conducted by Dr. VanSant. ORDER: AND NOW on this 17a' day of December 2004, Claimant's Claim Petition is hereby granted, with benefits reinstated at the rate of $446.21 per week from October 13, 2003, ongoing until ordered otherwise. Ten percent (10%) interest on both compensation and medical benefits is awarded.. against Defendant. Twenty percent (2(%) of said compensation and unpaid medical benefits shall be deducted and mailed directly to Fred Hait, Esquire, as Claimant's attorney. Defendant shall also pay Claimant's costs of litigation totaling $1,606.21, payable to Fred Hait, Esquire, who advanced the costs. Francis R.. W' r• WORKERS' COMPENSATION JUDGE Harrisburg District Office FRWJr./sf CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the Answer to Petition of Defendant Giant Food Stores LLC on this 6th day of December, 2010, to the persons and method as follows: VIA HAND DELIVERY David Buell, Prothonotary Cumberland County Courthouse 1 Courthouse Square Suite 100 Carlisle, PA 17013 VIA FIRST CLASS MAIL Philip Cosentino, Esquire DiLoreto, Cosentino & Bolinger, PC 330 Lincoln Way East PO Box 866 Chambersburg, PA 17201 Attorney for Plaintiff VIA FIRST CLASS MAIL George B. Faller, Esquire Seth T. Mosebey, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Defendant Giant Food Stores, LLC and Giant Food Stores, Inc. Leah M. Lewis, Esquire PA I.D. No.: 207045 Attorney for Commonwealth of PA, Dept. of Agriculture SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson PILED-OFFICE Sheriff OF THE PROTHONOTARY Jody S Smith :1010 DEC -$ PM 3= ? 9 Chief Deputy Richard W Stewart CUMBERLAND COUNT Y Solicitor PENNSYLVANIA Diane E. Ott vs. Case Number Commonwealth of Pennsylvania, Department of Agriculture 2005-2117 SHERIFF'S RETURN OF SERVICE 11/24/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Commonwealth of Pennsylvania, Department of Agriculture, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Order of Court according to law. 11/29/2010 03:18 PM - Dauphin County Return: And now November 29, 2010 at 1518 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Order of Court, upon the within named defendant, to wit: Commonwealth of Pennsylvania, Department of Agriculture by making known unto Dwight Smith, Assistant Counsel for The Commonwealth of Pennsylvania, Department of Agriculture at 2301 N. Cameron Street, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 December 06, 2010 SO ANSWERS, 4Z, RON Y R ANDERSON, SHERIFF Mfitig Of the ?Sh,rffjt William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DIANE E OTT Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF AGRICULTURE Sheriff s Return No. 2010-T-3566 OTHER COUNTY NO. 2005-2117 And now: NOVEMBER 29, 2010 at 3:18:00 PM served the within ORDER upon COMMONWEALTH OF PENNSYLVANIA, DEPAR'T'MENT OF AGRICULTURE by personally handing to DWIGHT SMITH 1 true attested copy of the original ORDER and making known to him/her the contents thereof at 2301 NORTH CAMERON STREET HARRISBURG PA 17110 ASSISTANT COUNSEL Sworn and subscribed to before me this 30TH day of November, 2010 -)P?42 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires Au ust 17, 2014 So Answers, k?°-? Sheriff of Dau in County, a. By Deputy Sheri Deputy: G MILLER Sheriffs Costs: $47.25 11/29/2010 DIANE E. OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2117 CIVIL TERM GIANT FOOD STORES, LLC and GIANT FOOD STORES, INC.,: Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 16th day of December, 2010, by agreement of the parties, argument on Defendant Giant's petition to join the Commonwealth of Pennsylvania, Department of Agriculture,-as an Intervening Plaintiff is continued generally, to be rescheduled at the request of any party. The parties have further agreed that they will participate in mediation with the Commonwealth of Pennsylvania, Department of Agriculture, being a party thereto. BY Edward E. Guido, J. ,,,'?Philip Cosentino, Esquire Attorney for Plaintiff George B. Faller, Esquire Attorney for Giant Food Stores, LLC and Giant Food Stores, Inc. eah M. Lewis, Esquire Attorney for Commonwealth of PA, Department of Agriculture srs 1?4nr I?Es rra?t e??ao j?d CZ -tl zx w mar= r Pa _rn ::VJ= r---z: -~dc? CCF D-n C ??