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HomeMy WebLinkAbout05-21802 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 20 Civil Action - (X) Law () Equity HELEN A. PAPANDREA KARNS FINE AND FANCY FOODS, 1410 SYCAMORE STREET a.k.a. KARNS GROCERY STORE HARRISBURG, PA 17104-3401 WEST SHORE PLAZA 1200 MARKET STREET LEMOYNE, PA 17043 V5. JURY TRIAL DEMANDED Plaintiff(s) & Defendant(s) & Addresses Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff JOSEPH J. NXON, ESQUIRE zl 126 STATE STREET Signa f Attorney HARRISBURG, PA 17101 (717) 236-8515 Supreme Court ID No.28290 Names/Address/Telephone No, Of Attorney Date: April 22, 2005 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): KARNS FINE AND FANCY FOODS, a,k.a KARNS GROCERYSTORE YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN AGAINST YOU. / 11 / 1lI o?? Pri Dat 5 by ( ) Check here if reverse is issued for additional information. r ? nib cr, C TS ^.? x> ?. a? C3 .. ?i ? {Tl d SHERIFF'S RETURN - REGULAR CASE NO: 2005-02180 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PAPANDREA HELEN A VS KARNS FINE AND FANCY FOODS AKA BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KARNS FINE AND FANCY FOODS AKA KARNS GROCERY STORE the DEFENDANT , at 1413:00 HOURS, on the 27th day of April , 2005 at WEST SHORE PLAZA 1200 MARKET STREET LEMOYNE, PA 17043 by handing to TOM MALESIC, MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.84 Postage .37 Surcharge 10.00 .00 40.21 Sworn and Subscribed to before me this 3.1,;_ day of ?In.... 9Cy l A. D. Prothonotary So Answers: R. Thomas Kline 04/28/2005 JOSEPH J D IXONA By : Deputy Sheriff HELEN PAPANDREA, Plaintiff V. KARNS FINE AND FANCY FOODS, A.K.A KARNS GROCERY STORE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cis-?To DOCKET NO.: 0958 CIVIL ACTION-LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Karns Fine and Fancy Foods, in the above-captioned case. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ST EN J. BARCAVAGE, ESQUIRE . No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 ,? ', ,, s'. .. HELEN PAPANDREA, Plaintiff V. KARNS FINE AND FANCY FOODS, A.K.A KARNS GROCERY STORE, Defendants IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, : PENNSYLVANIA DOCKET NO.: 00-2180 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ST PHEN J. BARCAVAGE, ESQUIRE //I D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 ;; ?, HELEN PAPANDREA, Plaintiff V. KARNS FINE AND FANCY FOODS, A.K.A KARNS GROCERY STORE, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA DOCKET NO.: 00-2180 CIVIL ACTION-LAW JURY TRIAL DEMANDED RULE AND NOW, this day of 2005, upon consideration of the foregoing Praecipe, Plaintiffs are hereby ordered to file their Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: HELENA. PAPANDREA Plaintiff KARN'S FINE AND FANCY FOODS a.k.a. KARN'S GROCERY STORE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-2180 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO OUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualguier gueja o alivio gue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 By. J sep J. Dixon, Esq ' e Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff HELEN A. PAPANDREA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2180 CIVIL V. CIVIL ACTION - LAW KARN'S FINE AND FANCY FOODS a.k.a. KARN'S GROCERY STORE, : JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, this day of, 2005 comes the Plaintiff, Helen A. Papandrea by and through her attorney Joseph J. Dixon, Esquire who respectfully avers as follows: The Plaintiff is Helen A. Papandrea, an adult individual who resides at 1410 Sycamore Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. The Defendant is Kam's Fine and Fancy Foods, a.k.a. Kam's Grocery Store, a Pennsylvania business organization whose principal place of business is the West Shore Plaza, 1200 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The facts and occurrences herein occurred on May 2, 2003 at approximately 11:12 a.m. at the Defendant's grocery store at the West Shore Plaza, 1200 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 4. At said time and place, the Plaintiff, Helen A. Papandrea had completed shopping at the grocery store and was on the sidewalk immediately outside of the grocery store. 5. At said time and place, the Plaintiff's son drove his pick up truck to the curb and the Plaintiff began loading her groceries into her son's truck. 14. As a result of the injuries described herein, the Plaintiff has been obliged to undergo medical treatment and incur medical expenses. The total amount of these treatments and expenses are unascertained at this time. 15. As a result of the injuries described herein, the Plaintiff has undergone in the past and will in the future undergo great pain and suffering. 16. As a result of the injuries described herein the Plaintiff has a permanent scar or bruising on her leg as a result of the impact with the shopping carts. 17. As a result of the injuries sustained and described herein, the Plaintiff believes and therefore believes that she will have permanent limitations and restrictions in her physical and personal activities. 18. As a result of the injuries sustained herein, the Plaintiff has suffered a permanent diminution of her ability to enjoy life and life's pleasures. 19. As a result of the injuries described herein, the Plaintiff has suffered a substantial inconvenience in her life and a substantial inconvenience in her ability to do ordinary activities. WHEREFORE, the Plaintiff prays this Honorable Court enter judgment against the Defendant in an amount in excess of Thirty-Five Thousand Dollars ($35,000.00). Respectfully submitted, By: = I Joseph J. Dixon, Esquire Attorney ID.28290 126 State Street Harrisburg, PA 17101 (717)236-8515 Attorney for Plaintiff Date: ?//3 bu VERIFICATION I verify that the statements made in this / r I l,? I U? are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Dated: 0 lid - i i .z 14 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 The Law Office of Joseph J. Dixon, Esquire By: zl? oseph J. Dix Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff r Date: g ) N n O v u. O ? .- --a T_ FIST -+- _?rt3 _.?? .r? :.??? -? " (. ?' ?L? _ T s 't' N ' { ? -? ?. ?-G HELEN A. PAPANDREA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2180 CIVIL v. CIVIL ACTION - LAW KARN'S FINE AND FANCY FOODS a.k.a. KARN'S GROCERY STORE, : JURY TRIAL DEMANDED Defendants REPLY TO NEW MATTER. And now this day of 2005 comes the Plaintiff Helen Papandrea by and through her attorney, Joseph J. Dixxo ire, who respectfully responds to New Matter as follows: 20. No response required. 21. Denied. Said averment is a conclusion of law which requires no response. To the extent however that a response s required, the negligence and actions of the Defendant caused the injuries to the Plaintiff. 22. Denied. The Defendants did breach their duty of care of having a safe premise for grocery shoppers at their store. 23. Denied. Said averment has no basis in fact. The Plaintiff was injured on the premises and her injuries were caused by the negligence of the Defendant. 24. Denied. To the contrary, the damages and injuries to the Plaintiff were caused by the negligent acts of the Defendant. 25. Denied. Said averment is a conclusion of law which requires no response. 26. Denied. To the contrary, the Plaintiff took all reasonable steps to receive treatment for her injuries. 27. Denied. Said averment is a conclusion of law which requires no response. 28. Denied. Said averment is a conclusion of law which requires no response. 29. Denied. Said averment is a conclusion of law which requires no response. To the extent however that a response is required, the actions and activities of the Plaintiff in no way caused any damage. 30. Denied. Said averment is a conclusion of law which requires no response. To the extent however that a response is required, the Plaintiff did not know of the dangerous condition until she was injured. 31. Denied. Said averment is a conclusion of law which requires no response. 32. Denied. Said averment is a conclusion of law which requires no response. To the extent however that a response is required, all of the damages to the Plaintiff were proximately caused by the negligence of the Plaintiff. 33. Denied. To the contrary, the Plaintiff did take reasonable steps to mitigate her injury and damages. By way of further answer, the damages of the Plaintiff are related to the incident. 34. Denied. Said averment is a conclusion of law which requires no response. To the extent however that a response is required, the Plaintiff is entitled to safe ingress and egress to a grocery store and in particular the grocery store of the Defendant. 35. Denied. Said averment is a conclusion of law which requires no response. To the extent however that a response is required, the path exiting the grocery store where the injury occurred was the main exit and entrance to the Karns Grocery Store in Lemoyne, Pennsylvania. 36. Denied. Said averment is a conclusion of law which requires no response. By way of further answer, the Plaintiff acted reasonably for her own safety under the circumstances. 37. Denied. Said averment is a conclusion of law which requires no response. To the extent however that a response is required, the Plaintiff did not fail to exercise reasonable care. THEREFORE, the Plaintiff prays this Honorable Court enter judgment against the Defendant in an amount in excess of Thirty-Five Thousand Dollars ($35,000.00). Respectfully Submitted By Joseph J. Dix , Esquire Attomey No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff VERIFICATION I verify that the statements made in this ( f o McZ?are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Dated: ?9?J CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: STEVEN BARCAVAGE, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL ROAD, SUITE B HARRISBURG, PA 17112 The Law Office of Joseph J. Dixon, Esquire By J h J. Dixon Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff Date: July 11, 2005 *-? o cz ??, :, _ ?a? ? { nt3?. c' ;y .-- ,_ ? '? `L'Y Av ?-.? :< .-_ &"' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HELEN PAPANDREA -VS- KARNS FINE AND FANCY FOODS, A/K/A KARNS GROCERY COURT OF COMMON PLEAS TERM, CUMBERLAND OS CASE NO: 09-2180 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN J. BARCAVAGE, 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. MC b alf / DATE: 11/10/2005 /THEN J. VAG ES? Attorney for DEFENDANT DEII-593722 0 2 7 7 8- 1- 0 1 C O M M O N W E A L T H OP P E N N S Y L VAN IA COUNTY OP CUMBER LAN D IN THE MATTER OF: HELEN PAPANDREA -VS - COURT OF COMMON PLEAS TERM, CASE NO: 00-2180 KARNS FINE AND FANCY FOODS, A/K/A KARNS GROCERY NOTICE OF INTENT DR-DAVID SMITH, DR. DENNIS SAACKS WATKINS,FRESHMAN,NIPPLE DR. JOSEPH DEMARIO RULE 4009.2 MEDICAL RECORDS MEDICAL RECORDS &ASSOC MEDICAL RECORDS MEDICAL RECORDS TO: JOSEPH J. DIXON, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN J. BARCAVAGE, 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: 10/21/2005 MCS on behalf of STEPHEN J. BARCAVAGE, ESQ. Attorney for DEFENDANT CC: STEPHEN J. BARCAVAGE, ESQ. - 07196-00103 Any questions regarding this matter, contact TO PRODUCE THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-315362 02'778-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HELEN PAPANDREA vs. File No. KARNS FINE AND FANCY FOODS, A/K/A KARNS : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR.DAVID SMITH. (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: STEPHEN J. BARCAVAGE. ESO ADDRESS: 4200 CRUMS MILL ROAD _ SUITE B _ HAM B R . PA 17110 ,TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothor otary/ClerL, tvil Di ion Deputy Date: Seal of the Court 02778-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR.DAVID SMITH, 1315 N. MOUNTAIN ROAD HARRISBURG, PA 17112 RE: 2778 HELEN A.PAPANDREA 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 : HELEN A. PAPANDREA 1410 SYCAMORE ST., HARRISBURG, PA 17104 Social Security #: 202-20-4628 Date of Birth: 07-01-1927 SU10-588058 0 2 7 7 8-L.0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS HELEN PAPANDREA TERM, CUMBERLAND -VS- CASE NO: 00-2180 KARNS FINE AND FANCY FOODS, A/K/A KARNS GROCERY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN J. BARCAVAGE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/10/2005 STEPHEN J. BARCAVAGE, ESQ. Attorney for DEFENDANT DE11-593723 0 2 7 7 8- 1, 0 2 COMMON W E A L T H OF, P E NN S Y L VANS A COUNTY OF, C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS HELEN PAPANDREA -VS- KARNS FINE AND FANCY FOODS, A/K/A KARNS GROCERY TERM, CASE NO: 00-2180 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR.DAVID SMITH, MEDICAL RECORDS DR. DENNIS SAACKS MEDICAL RECORDS WATKINS,FRESHMAN,NIPPLE &ASSOC MEDICAL RECORDS DR. JOSEPH DEMARIO MEDICAL RECORDS TO: JOSEPH J. DIXON, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN J. BARCAVAGE, 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: 10/2112005 CC: STEPHEN J. BARCAVAGE, ESQ. - 07196-00103 MCS on behalf of STEPHEN J. BARCAVAGE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-315362 0 2 7 7 8- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HELEN PAPANDREA vs. File No. KARNS FINE AND FANCY FOODS, A/K/A KARNS : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR DENNIS SAACK (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 tr t it 800 Philadelphia PA 12103 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: STEPHEN J, BARCAVAGE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 _ TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotar IC ivt ivi n Deputy Date: _-ba Seal of the Court 02778-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DENNIS SAACKS 4424 OAKHURST BOULEVARD HARRISBURG, PA 17110 RE: 2778 HELEN A.PAPANDREA 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 : HELEN A. PAPANDREA 1410 SYCAMORE ST., HARRISBURG, PA 17104 Social Security #: 202-20-4628 Date of Birth: 07-01-1927 SU10-588060 0 2 7 7 8- 1,0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS HELEN PAPANDREA TERM, CUMBERLAND -VS- CASE NO: 00-2180 KARNS FINE AND FANCY FOODS, A/K/A KARNS GROCERY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN J. BARCAVAGE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/10/2005 STEPHEN J. BARCAVAGE, ESQ. Attorney for DEFENDANT DE11-593724 0 2 7 7 8- L 0 3 C O M M O N W E A L T H OP P E NN S Y L VAN T A COUNTY OF' C UMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS HELEN PAPANDREA -VS- KARNS FINE AND FANCY FOODS, A/K/A KARNS GROCERY TERM, CASE NO: 00-2180 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR.DAVID SMITH, MEDICAL RECORDS DR. DENNIS SAACKS MEDICAL RECORDS WATKINS,FRESHMAN,NIPPLE &ASSOC MEDICAL RECORDS DR. JOSEPH DEMARIO MEDICAL RECORDS TO: JOSEPH J. DIXON, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN J. BARCAVAGE, 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: 10/21/2005 CC: STEPHEN J. BARCAVAGE, ESQ. - 07196-00103 Any questions regarding this matter, contact MCS on behalf of STEPHEN J. BARCAVAGE, ESQ, Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-315362 0 2 7 7 E3 -CO It COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HELEN PAPANDREA VS. File No. 00-2180 KARNS FINE AND FANCY FOODS, A/K/A KARNS : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WATKINS FRESHMAN NIPPLE &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 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: STEPHEN J. BARCAVAGE. ES ADDRESS: 4200 CRUMS MILL ROAD SUITE B TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro onotarrylE} r t Crvil D' ision Date: OC4. 17 200 Deputy Seal of the Court 02778-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR WATKINS,FRESHMAN,NIPPLE &ASSOC 845 SIR THOMAS COURT SUITE 3 HARRISBURG, PA 17109 RE: 2778 HELEN A.PAPANDREA 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 : HELEN A. PAPANDREA 1410 SYCAMORE ST., HARRISBURG, PA 17104 Social Security #: 202-20-4628 Date of Birth: 07-01-1927 SU10-588062 02778-1,03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS HELEN PAPANDREA TERM, CUMBERLAND -VS- CASE NO: 00-2180 KARNS FINE AND FANCY FOODS, A/K/A KARNS GROCERY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN J. BARCAVAGE, ESQ. certifies that (1j A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/10/2005 STEPHEN J. BARCAVAGE, ESQ. Attorney for DEFENDANT DE11-593725 02778-L,04 C O M M O N W E A L T H OP P E N N S Y L VANS A COUNTY OF' C UMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS EELEN PAPANDREA -VS- KARNS FINE AND FANCY FOODS, A/K/A KARNS GROCERY TERM, CASE NO: 00-2180 ) SERVE A SUBPOENA TO PRODUCED( fANP TO RULE 4009.21 DR.DAVID SMITH, MEDICAL RECORDS DR. DENNIS SAACKS MEDICAL RECORDS WATKINS,FRESHMAN,NIPPLE &ASSOC MEDICAL RECORDS DR. JOSEPH DEMARIO MEDICAL RECORDS TO: JOSEPH J. DIXON, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN J. BARCAVAGE, 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: 10/21/2005 CC: STEPHEN J. BARCAVAGE, ESQ. - 07196-00103 Any questions regarding this matter, contact MCS on behalf of STEPHEN J. BARCAVAGE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-315362 0 2 7 7 8- C O I- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HELEN PAPANDREA VS. File No. KARNS FINE AND FANCY FOODS, A/K/A KARNS : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR JOSEPH DEMARIO (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: STEPHEN J. BARCAVAGE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothorfotary/C tvil Div' ion Deputy Date: -? -/7,__?LdCls Seal of the Court 02778-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. JOSEPH DEMARIO 310 N. SALEM CHURCH MECHANICSBURG, PA 17055 RE: 2778 HELEN A. PAPANDREA 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 : HELEN A. PAPANDREA 1410 SYCAMORE ST., HARRISBURG, PA 17104 Social Security N: 202-20-4628 Date of Birth: 07-01-1927 SU10-588064 0 2 7 7 8-L,0 4 n "? ?, .-? "? -, ;, ?_-. ._ k' , __ _. _e __ ?? Lj ? ^? ?1 < HELEN PAPANDREA, Plaintiff V. KARNS FINE AND FANCY FOODS, A.K.A KARNS GROCERY STORE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o5-a180 DOCKET NO.:.-9fl-? CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Defendant, Karns Fine and Fancy Foods, a.k.a. Karns Grocery Store, in the above referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Aftorney RCAVAGE, ESQUIlZE fen dant, Karns Fine and Fancy Foods, a.k.a. Karns Grocery Store \05_A\LIAB\SJBARCAV AGE\LLPG\233862\TKCOPENHAV ER\07195\00162 It CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day of .? , 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Posts a Prepaid, Addressed as Follows: Stephen Barcavage, Esquire 4200 Crum Mill Road, Suite B Harrisburg, PA 17112 Joseph Dixon, Esquire 126 State Street Harrisburg, PA 17101 MARGOLIS EDELSTEIN (L -? ?? By: (/1 Carol Moose M:\mdir\1 Royal\30500.4-00071\Pleadings\Entyof Appearance. 10-17-05.wpd 4 ? , -71 61,,3 r BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com HELEN PAPANDREA Attorneys for Defendant File#30500.4-00071 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANTA VS. : 05 AlBo NO. -e =O KARNS FINE AND FANCY FOODS, CIVIL ACTION-LAW A/K/A KARNS GROCERY STORE JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, Karns Fine and Fancy Foods, a/k/a Karns Grocery Store, in the above-referenced matter. MARGOLIS DATE: /O/U./66 By: Barry A. Kr thal, Esquire Attorney No. 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 L _ -. CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this --k day of , 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid. Addressed as Follows: Stephen Barcavage, Esquire 4200 Crum Mill Road, Suite B Harrisburg, PA 17112 Joseph Dixon, Esquire 126 State Street Harrisburg, PA 17101 By: MARGOLIS EDELSTEIN QW)q-- Carol Moose M:\mdir\l Royal\30500.4-00071\Pleadings\Entry of Appearance. 10-17-06.wpd L- :l - C HELEN A. PAPANDREA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2180 CIVIL KARN'S FINE AND FANCY FOODS : a.k.a. KARN'S GROCERY STORE, : CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END Please mark the above-captioned Writ settled, discontinued and ended. Respectfully submitted, By: Joseph J. Dixon, Esquire Attorney No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff Date: T 2C l? tea c„a t7 --4a l yy C.S -ter F3 .. t-. < ` 4 *?