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HomeMy WebLinkAbout05-3301ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID# : 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jmelillo@angino-rovner.com DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYV, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PREMISES LIABILITY ACTION ? NO. US -.33nt ?l o'LLc1?,n JURY TRIAL DEMANDED b); (r.u 4. ISOd ? ?.4 i5 {fi ? ao <r s pc Go n ?.- 6l4+x 4 S-- ?e r WRIT OF SUMMONS TO THE PROTHONOTARY: J111.pY-e- GA!( Please issue a writ oU f summons in the above-captioned action. Writs of Summons shall be issued and forwarded to: ( ) Attorney (x) Sheriff ( ) Defendant 1 A ',A L". t "k' w1Lb;?M A. pcj?oti'," A2 Eck cz br rr 170 SD du.-YILZ ( OIL0x?+9--4zL? Cry?cr?"'7?r W.C. 9 ??cx? Ens IJ/L lv? r'2t ?s bey SPA ?vso (127 W,?4a Jo h Melillo, Esquire mey I.D. No. 26211 4 03 North Front Street Dated: June 27, 2005 TO THE ABOVE-NAMED DEFENDANTS: Harrisburg, PA 17110 717-238-6791 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Dated: ?? w, ?, ?A nits O V) ?y G ? c l i CI, 4 `i7 ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID# : 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jmelillo@angino-rovner.com DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PREMISES LIABILITY ACTION ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants NO. 2005-03301P JURY TRIAL DEMANDED NOTICE TO DEFEND 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 304747 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone number- 717- 249-3166 or 800/990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de Ins demandas que se persentan mss adelante en las siguientes p iginas, debe tomar acci6n dentro de Ins pr6ximos veinte (20) dins despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , ]as demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo per cualquier suma de dinero reclamada en In demanda o cualquier otra reclamaci6n o remedio solicitado per el demandante puede ser dictado en contra suya por la Corte a,in mfis aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADD INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. S1 USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOME AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone number- 717- 249-3166 or 800/990-9108 304747 ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID# : 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jmelillo@angino-rovner.com DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PREMISES LIABILITY ACTION NO. 2005-03301 P JURY TRIAL DEMANDED COMPLAINT David and Arden Peterson are husband and wife and adult residents of Cumberland County, Pennsylvania. 2. The Defendants, Robert W. Bucher, Jr., and William A. Bohonyi are adult residents trading and doing business as Flowers Drive Properties. They own real estate located at 9 and 11 Flowers Drive, Mechanicsburg, Cumberland County, Pennsylvania. Cumberland Valley Obstetrics and Gynecology, P.C., operates a business delivering professional gynecological and obstetrics services at 11 Flowers Drive. 4. At all relevant times, Defendants Robert W. Bucher, Jr., and William A, Bohonyi t/d/b/a Flowers Drive Properties and Defendant Cumberland Valley Obstetrics and Gynecology, P.C., owned, controlled, occupied, and possessed the offices of Flower Drive Properties and Cumberland Valley Obstetrics and Gynecology, P.C., as well as the adjacent parking areas, all located at 11 and 9 Flowers Drive in Mechanicsburg. 5. On or about July 10, 2003, Reverend David Peterson and his wife arrived at the parking lot of Defendant Cumberland Valley Obstetrics and Gynecology, P.C., for Arden's pre- natal visit. 6. Arden was at that time nine months pregnant. Reverend Peterson parked in a marked area with a low-lying concrete tire barrier at the front edge of the parking space. 8. When he exited his vehicle, Reverend Peterson noticed that the concrete barrier appeared to be broken and crumbling, and therefore took a wide berth around the front of the car in order to reach and then open the door for his wife, who was sitting in the passenger's front seat. 303299 9. As he was walking around the front, one leg convicted and he tripped over a large piece of bent rebar protruding from the crumbled concrete barrier, which Reverend Peterson had neither seen nor anticipated. 10. As a result of contacting the rebar he fell, landed on his left-hand side, and hit his head on the ground, sustaining injuries as described in more detail below. 11. Plaintiffs discovered after this accident that many of the concrete barriers in the parking lot were in a similar state of poor repair. 12. The rebar over which Reverend Peterson tripped had been in its protruding position long enough to cause rust stains on the adjacent macadam. 13. As a result of the fall, Reverend Peterson sustained a blow to the head, which caused bruising to the optic nerve in the left eye, causing permanent partial vision loss. He also sustained bruises and lacerations to his left knee, pelvic area, and left forearm and elbow. 14. As a direct result of the negligence of the Defendants, Reverend Peterson has been required to incur medical bills in the past and will incur additional bills in the future, in an attempt to restore himself to health, and claim is made therefor. 15. As a direct result of the negligence of the Defendants, Reverend Peterson has suffered loss of earnings and earning capacity in the past and may have some in the future. 303299 16. As a direct result of the negligence of the Defendants, Reverend Peterson has endured pain and suffering, and will endure additional pain and suffering in the future, and claim is made therefor. 17. As a direct result of the negligence of the Defendants, Reverend Peterson has suffered a loss of life's pleasures, and claim is made therefor. 18. As a direct result of the negligence of the Defendants, Reverend Peterson has suffered humiliation and embarrassment, and claim is made therefor. COUNTI DAVID PETERSON V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C. 19. Plaintiffs hereby incorporate Paragraphs 1 through 18 above as if more fully set forth in detail. 20. All of Plaintiff David Peterson's damages as enumerated above are the direct and proximate results of the negligence of Defendants, who at all relevant times owned/possessed and controlled the aforesaid property, in that they: (a) Failed to properly maintain the parking lot for the safety of their invitees; 303299 4 (b) Allowed the concrete parking curb to remain in a dangerous and broken condition, with rebar sticking out, when they knew or should have known of the foreseeable hazards posed to pedestrian invitees; (c) Failed to post warnings of the aforementioned hazard for the benefit of invitees; (d) Failed to cordon off the parking spaces presenting the hazard which caused Reverend Peterson's fall; WHEREFORE, Plaintiffs David Peterson and Arden Peterson demand judgment against Defendants in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, COUNT II ARDEN PETERSON V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C. 21. Plaintiffs hereby incorporate Paragraphs 1 through 20 above as if more fully set forth in detail. 19. As a result of the negligent conduct of Defendants and the aforementioned injuries sustained by her husband, Arden Peterson has been and may in the future be deprived of 303299 the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiffs David Peterson and Arden Peterson demand judgment against Defendants in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. Jo p . Melillo A omey I.D. No. 26211 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs Date: July 2005 303299 6 VERIFICATION I, Arden Peterson, Plaintiff hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. WITNESS: a . -f7z? - ARDEN PETERSON Date: 304081 VERIFICATION I, David Peterson, Plaintiff hereby verify that the facts set-Forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. WITNESS: VID PE RSON Date: S 304081 CERTIFICATE OF SERVICE, AND NOW, this l day of T, 1T 2005, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Robert W. Bucher, Jr. t/d/b/a Flowers Drive Properties 9 Flowers Drive Mechanicsburg, PA William A. Bohonya t/d/b/a Flowers Drive Properties 9 Flowers Drive Mechanicsburg, PA Cumberland Valley OB/GYN 9 Flowers Drive Mechanicsburg, PA C, Kathy A. T ey L. nJ C l_ CJl 77 (._.._ '? ? ? ?_ ? f?,l _ , ' ? ? :? T - ? t?, ? .. -1 ?, ?_ ` SHERIFF'S RETURN - REGULAR CASE NO: 2005-03301 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PETERSON DAVID ET AL VS SUCHER ROBERT W JR ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BUCHER ROBERT W DEFENDANT the , at 1427:00 HOURS, on the 30th day of June , 2005 at 9 FLOWERS DRIVE MECHANICSBURG, PA 17050 by handing to LINDSEY WEGRZYNIK OFFICE ASSISTANT 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 6.66 Postage .37 Surcharge 10.00 .00 35.03 Sworn and Subscribed to before me this /d day of A.D. ? Q, ovuxyki a.Q,dr Prothonotary ' So Answers; psi "F.-9 ?:d3' R. Thomas Kline 07/05/2005 ANGINO & ROVNER By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03301 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PETERSON DAVID ET AL VS BUCHER ROBERT W JR ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BOHONYI WILLIAM A T/D/B/A FLOWERS DRIVE PROPERTIES the DEFENDANT , at 1427:00 HOURS, on the 30th day of June 2005 at 9 FLOWERS DRIVE MECHANICSBURG, PA by handing to LINDSEY WEGRZYNIK OFFICE ASSISTANT 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 a; me this /-2 day of .20ye A.D. rothonotary So Answers: R. Thomas Kline 07/05/2005 ANGINO & ROVNERR By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03301 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PETERSON DAVID ET AL VS BUCHER ROBERT W JR ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY PC the DEFENDANT , at 1419:00 HOURS, on the 30th day of June , 2005 at 9 FLOWERS DRIVE MECHANICSBURG, PA 17050 by handing to JODY SAYLOR-BUSH OFFICE MANAGER 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 Zd day of A.D. s ?. Prothonotary So Answers: y R. Thomas Kline 07/05/2005 ANGINO & ROVNER By. C-^sv ?Z ?/ Deputy Sheriff Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: hs@jdsw.com (717) 761-4540 DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants Attorney for Defendant, Cumberland Valley Obstetrics and Gynecology, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO: 05-03301 P CIVIL ACTION - LAW PREMISES LIABILITY ACTION JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendants in the above-captioned matter. DUFFIE, STEWART & WEIDNER fJ. Shipman, Esquire #: 51785 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 3, 2005: Joseph M. Melillo, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs DUFFIE, STEWART & WEIDNER effe`fson J. Shiprfian, Esquire D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants 255659 ?'l C? S ? .? •^? ? Y T ? r} ?' f'- i`: .. 1: v (a] r Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants TO: Joseph M. Melillo, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 05-03301 P CIVIL ACTION - LAW PREMISES LIABILITY ACTION JURY TRIAL DEMANDED NEW MATTER NOTICE You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. DATE: F114-105 JO,HN$ON, DUFFIE, STE=WART & WEIDNER Jeff , sorYJ. Shipman, Esquire I. D#: 51785 P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: 717-761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants DAVID PETERSON and ARDEN IN THE COURT OF COMMON PLEAS PETERSON, his wife, CUMBERLAND COUNTY, PA Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants NO: 05-03301 P CIVIL ACTION - LAW PREMISES LIABILITY ACTION JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, come the Defendants, by and through their counsel, Jefferson J. Shipman, Esquire, and file the following Answer and New Matter: 1. Admitted upon information and belief. 2. Admitted, except as to the location of the real estate. The Defendants own real estate at 3 and 9 Flowers Drive, Mechanicsburg, Cumberland County, Pennsylvania. The Defendants do not own real estate located at 11 Flowers Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted, except that the Defendants do not have any ownership, interest or responsibilities for 11 Flowers Drive in Mechanicsburg, Pennsylvania. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It is admitted only that the concrete barrier was showing some sign of deterioration. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 8 and the same are therefore denied and strict proof demanded at the time of trial. 9. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 and the same are therefore denied and strict proof demanded at the time of trial. 10. Admitted in part, denied in part. It is admitted that Mr. Peterson fell. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. 11. Admitted in part, denied in part. It is admitted only that several of the concrete barriers were showing signs of deterioration. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 11 and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief cis to the truth of the averments contained in Paragraph 13 and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. The averments contained in Paragraph 14 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 14 and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. The averments contained in Paragraph 15 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 15 and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. The averments contained in Paragraph 16 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 16 and the same are therefore denied and strict proof demanded at the time of trial. 17. Denied. The averments contained in Paragraph 17 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 17 and the same are therefore denied and strict proof demanded at the time of trial. 18. Denied. The averments contained in Paragraph 18 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 18 and the same are therefore denied and strict proof demanded at the time of trial. COUNTI David Peterson v. Robert W. Bucher. Jr., and William A. Bohonyi, Vd/b/a Flowers Drive Properties and Cumberland Valley Obstetrics and GVnecolonV. PC 19. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 18 above as though fully set forth (herein at length. 20. Denied. The averments contained in Paragraph 20, and subparagraphs (a), (b), (c) and (d) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that the Defendants failed to properly maintain the parking lot for the safety of their invitees; (b) Denied. It is specifically denied that the Defendants allowed the concrete parking curb to remain in an allegedly dangerous and broken condition with rebar sticking out when they knew, or should have known, of the foreseeable hazards posed to pedestrian/invitees; (c) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to post warnings of the alleged hazard; and (d) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to cordon off the parking spacers presented by the alleged hazard. WHEREFORE, the Defendants respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNTI Arden Peterson v. Robert W. Bucher. Jr., and William A. Bohonyi, Vd/b/a Flowers Drive Properties and Cumberland Valley Obstetrics and Gynecology. PC 21. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 20 above as though fully set forth herein at length. 19(sic). Denied. The averments contained in Paragraph 19 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 19 (sic) and the same are therefore denied. WHEREFORE, the Defendants respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendants interpose the following New Matter defenses: 22. That the Plaintiffs have failed to state a cause of action against the Defendants. 23. That the Defendants were in no way negligent with respect to Plaintiffs' alleged cause of action. 24. That the Plaintiffs alleged accident may have been caused by third parties or entities not presently involved in this action. 25. That if it should be found that there was any negligence on the part of the Defendants, which is specifically denied, then in that event any such negligence was not a proximate cause, and/or factual cause of the accident and any alleged injuries to the Plaintiffs. 26. That the Plaintiff, David Peterson, was himself contributorily negligent. 27. That the Plaintiff's contributory negligence included the following: (a) Failing to watch and be attentive to where he was stepping; (b) Walking in a hurried or otherwise inappropriate manner; (c) Failing to walk or step over the concrete barrier so as to avoid falling; and (d) That the Plaintiff's contributory negligence was a proximate and/or factual cause of the accident and any alleged injuries. WHEREFORE, the Defendants respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, DATE: 2562500/ JOHNSON, DUFFIE, STEWART & WEIDNER ffifferson J. Shipman, E9quire ttorneys I.D. It: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jd:>w.com Attorneys for Defendants VERIFICATION I, a Inr1? a mil(, (tSl'-t{?, authorized representative of the Defendants, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. Obstetrics and By Jody L. yl r s ffi a Manager Date: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on g o Joseph M. Melillo, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER J,e ersbn J. Shipman, Es #: 51785 1 Market Street P.O. Box 109 Lemoyne, PA '17043 Attorneys for Defendants 256250 r') ?3 rn c7 „D C73 ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID# : 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: imelillo@angino-rovner.com DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PREMISES LIABILITY ACTION NO. 2005-03301 P JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW come David Peterson and Arden Peterson, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by Joseph M. Melillo, Esquire, and replies to Defendants' New Matter as follows: 22. Denied. Defendants state a conclusion of law to which no response is required. 23. Denied. Defendants were negligent for the reasons stated in Plaintiffs' Complaint. 308060 24. Denied. David Peterson's injuries were caused in whole or in substantial part by the actions and inactions of the named Defendants, as stated in the Complaint. 25. Denied. Defendants state conclusions of law to which no response is required. 26. Denied. Defendants state conclusions of law to which no response is required. By way of further response, David Peterson at all relevant times exercised due care for his own safety. 27. Denied. By way of fiuther response, Plaintiff :David Peterson: (a) Adequately and appropriately watched where he was walking; (b) Did not walk in a hurried or otherwise inappropriate manner; (c) Did not trip over the concrete barrier, but over a. rebar sticking out from the concrete barrier; and (d) Did not fail to exercise due care in his own behalf nor was the cause of his own injuries. WHEREFORE, Plaintiffs demand judgment against Defendants. Respectfully submitted, ANGINO & ROVNER, P.C. Jo M. Melillo A omey I.D. No. 26211 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs Date: September 1, 2005 309060 VERIFICATION I, David Peterson, Plaintiff hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. WITNESS: DAV PE ERSON Date: Dv .T 304081 CERTIFICATE OF SERVICE AND NOW, this I" day of September, 2005, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Kathy A. T ney 308060 r`a cr:? ? - ?-? i 'Cl 4n ?_ . -`i -t ? ? {? tP ? -.-. ' f -n ?r j C,J °? ? y - 1,y i.' i , t"; t : ?..? _?? ?_'? `:7 ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID# : 26211 Lisa M. B. Woodburn, Esquire Attorney ID#: 89397 4303 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 E-mail: jmelillo@angino-rovner.com E-mail: Woodburn@angino-rovner.com DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants Attorney for Plaintiffs David Peterson and Arden Peterson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PREMISES LIABILITY ACTION NO. 2005-03301 P JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance as co-counsel in the above-captioned case for the Plaintiffs, David Peterson and Arden Peterson, his wife. Dated: 0,1,9 7105- Respectfully submitted, ANGTrNO & RO?V/NER,, P.C. Lis M. B. Woodburn, Esquire I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 717-238-6791(Phone) Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, thi? 7v/)(-day of ( 2005, 1, Betty K. Sheaffer, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a. true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Betty 1{. Sheaffer r? C-1 r-'^ {' l ? _. ?. i:J ?_; ?? `?? Ia _.. ? {T! ?7 Ut„?? ?_? _?. ` _?; IR y •• C,J ] ??J ?? :< Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM : A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 05-03301 P CIVIL ACTION - LAW PREMISES LIABILITY ACTION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Lisa Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHiJeerso?YnJ. DUFFIE, STEWART & WEIDNER By: Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: Go/ q l d (0 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class mail, postage prepaid, at Lemoyne, Pennsylvania, on June 9, 2006: Lisa M.B. Woodburn, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs 256492 JOH7Je , DUFFIE, STEWART WEIDNER By: erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO: 05-03301 P : CIVIL ACTION - LAW : PREMISES LIABILITY ACTION : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Lisa Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve four subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By Je rson J. Shipman, Esquire A rney I.D. No. 51785 .301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: 6 / 7j ( 6 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified mail, postage prepaid, at Lemoyne, Pennsylvania, on June 8, 2006: Lisa M.B. Woodburn, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs JOHNS , DUFFIE, STEWART 80WEIDNEIR By: Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 256492 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Peterson and Arden Peterson, Plaintiffs vs. File No. 05-03301-P Robert W. Bucher, Jr., and William A. Bohonyi, t/d/b/a Flowers Drive Properties and Cumberland Valley Obstetrics and Gynecology, P.C., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dailey Eve Associates (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: any and all medical records, correspondence, reports and diagnostic test results pertaining to David P. Peterson DOB: 10/5/65 SSN: 549-35-4369 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID 51785 ATTORNEY FOR: Defendants DATE: Jt-wr- t. 6 Seal of the Cou BY THE COURT: Pratfionotary/CI , Civil Diion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Peterson and Arden Peterson, Plaintiffs vs. File No. 05-03301-P Robert W. Bucher, Jr., and William A. Bohonyi, t/d/b/a Flowers Drive Properties and Cumberland Valley Obstetrics and Gynecology, P.C., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sterling Optical (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: any and all medical records, vision test records, correspondence, reports and diagnostic test results pertaining to David P. Peterson DOB: 10/5/65 SSN: 549-35-4369 at Johnson Duffle Stewart & Weidner. 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: (>D(a Seal of the Cou BY THE COURT: Prbthonota.,C f4C , Civil vision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Peterson and Arden Peterson, Plaintiffs vs. File No. 05-03301-P Robert W. Bucher, Jr., and William A. Bohonyi, t/d/b/a Flowers Drive Properties and Cumberland Valley Obstetrics and Gynecology, P.C., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pearl Vision Center (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: any and all medical records, vision test records, correspondence, reports and diagnostic test results pertaining to David P. Peterson DOB: 10/5/65 SSN: 549-35-4369 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109. Lemoyne, PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: 0, "17i'4e Pr, onotarylet k, Civil ivision Deputy DATE: Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Peterson and Arden Peterson, Plaintiffs vs. File No. 05-03301-P Robert W. Bucher, Jr., and William A. Bohonyi, t/d/b/a Flowers Drive Properties and Cumberland Valley Obstetrics and Gynecology, P.C., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Morrison Associates (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: any and all medical records, vision test records, correspondence, reports and diagnostic test results pertaining to David P. Peterson DOB: 10/5/65 SSN: 549-35-4369 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: e124 ` Prothonotary/Clerk II Divi? n Deputy DATE: DU L Seal of the Court (Eff. 7/97) --? ?`?= .? ? a ? -rl r_ ? i = _.. •--1 ?-'T (Gli..-_. ?, _ f"?.7 ^ C-7 T ;., _?' i _? ?:Z ?, :, ?.? t... -^G ANGINO & ROVN ER, P.C. Joseph M. Melillo, Esquire Attorney ID# 26211 Lisa M. B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: jmelilloCaangino-rovner.com E-mail: Woodburn mangino-rovner.com DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants Attorney for Plaintiffs David Peterson and Arden Peterson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PREMISES LIABILITY ACTION NO. 2005-03301 P JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff 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 was received; and 328059 (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. (0 1 It, 10/0 Respectfully submitted, ANGTNO & ROVNER, P.C. Ot7 Lisa n, B. Woodburn, Esquire I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff(s) 328059 ??)??? ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attomey ID# : 26211 Lisa M. B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: jmelillo@angino-rovner.com E-mail: Iwoodbum@angino-rovner.com Attorney for Plaintiffs David Peterson and Arden Peterson DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PREMISES LIABILITY ACTION NO. 2005-03301 P JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Jefferson J. Shipman, Esquire Plaintiffs David and Arden Peterson intend to serve a subpoena identical to the one 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 this subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, ANGII QVNER, P.C. 1 Dated: Lisa M. B. Woodburn, Esquire I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 717-238-6791 (Phone) Attorney for Plaintiffs 329059 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs : versus : No. 2005-03301 P ROBERT W. BUCHER JR-, and : WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, et al. Defendants : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Rev. Lisa M. Leber, Esquire Diakon Lutheran Social Ministries 960 Century Drive Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: employment records of David Peterson at The Manor at Perry Village, at Angino & Rovner, 4503 North Front Street, Harrisburg, PA 17110. 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 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: Lisa M. B. Woodburn Address: 4503 North Front Street Harrisburg, PA 17110 Telephone: (717) 238-6791 Supreme Court ID #: 89397 Attorney for: Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Shirley Corman, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve Subpoena was served by United States first-class mail, postage prepaid, upon the following: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 3bley Corman G l(.0 lug 329059 CERTIFICATE OF SERVICE I, Megan Moll, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to service of subpoena was served by United States first-class mail, postage prepaid, upon the following: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Date: (D)) LoICX0 °YI'kA" In 2 P MeMoll 328059 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: j s@jdsw.com (717) 761-4540 Attorney for Defendants DAVID PETERSON and ARDEN IN THE COURT OF COMMON PLEAS PETERSON, his wife, CUMBERLAND COUNTY, PA Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants NO: 05-03301 P CIVIL ACTION - LAW PREMISES LIABILITY ACTION JURY TRIAL DEMANDED TO: Lisa Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By: Att ney I.D. No. 51785 30 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first) class mail, postage prepaid, at Lemoyne, Pennsylvania, on August 22, 2006: Lisa M.B. Woodburn, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 256492 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants DAVID PETERSON and ARDEN IN THE COURT OF COMMON PLEAS PETERSON, his wife, CUMBERLAND COUNTY, PA Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants NO: 05-03301 P CIVIL ACTION - LAW PREMISES LIABILITY ACTION JURY TRIAL DEMANDED TO: Lisa Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve one 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 records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHNSON, DUFfjE, STEWART & WEIDNER By: Je rson J. Shipman, EsgL Attrney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: &/ , f 61, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified mail, postage prepaid, at Lemoyne, Pennsylvania, on August 1, 2006: . Lisa Woodburn, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs JOH N, DUFFIE, STEWART & WEIDNER By: fferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 256492 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND David Peterson and Arden Peterson, Plaintiffs vs. File No. 05-03301-P Robert W. Bucher, Jr., and William A. Bohonyi, t/d/b/a Flowers Drive Properties and Cumberland Valley Obstetrics and Gynecology, P.C., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mechanicsburg Family Practice Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena,• you are ordered by the court to the following documents or things any and all medical records correspondence reports and di at Johnson Duffle Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants Seal of th Court' BY THE COURT: DATE: 'P ( 4,1z Prot onotary/Clerl ivil Divi n Deputy (Eff. 7197) T F+` ,C rnF f n -=' Cn l ? A . -C'. W ul < ANGINO & ROVNER, P.C. Lisa M. B- Woodburn, Esquire Attorney ID# : 89397 4503 North Front Street Harrisbur,,, f'fl 1 7 i0-1708 (717)238-6791 FAX (717) 23 8-56 10 Attorneys for Plaintiff(s) E-mail: iwoodburnc angino-rovner.com - -- DAVID PETERSON and ARDEN IN THE COURT OF COMMON PLEAS PETERSON, his wife, CUMBERLAND COUNTY, PA Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants CIVIL, ACTION - LAW PREMISES LIABILITY ACTION NO. 2005-03301 P JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITF: TORS TO THE HONORABLE, THE JUDGES OF SAID COURT: M. B. NA'oodbtirn.. Esquirf'. counsel for the Plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $50,000. The counterclaim of the Defendant in the action is $0. The following attorneys are interested in the case(s) as Counsel or otherwise disqua;.ified to sit as arbitrators: Jefferson J. Shipman, Esquire, 301 Market Street, P.O. Box 109, Lemo_y11e.PA. 17043-0109. Lisa M.B. Woodburn, Esquire, 4503 North Front Street, Harrisburg, PA 17110. 31888 W"HEREFORE, your Petitioners pray Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: Respectfully submitted, ANGWv0 & ROVNER. P.C. i Lisa M.B. Woodburn, Esquire M. No. 89397 4503 N. Front Street Harrisburg, PA ].7110 (717) 238-6791 Counsel for Plaintiff 31K2?Ri CERTIFICATE OF SERVICE AND NOW, this day of 2007, I, Lauren M. Heckman, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing Petition for Appointment of Arbitrators was sent to the followilIg counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. BOX 109 Lemoyne, PA 17043-0109 Lauren M. Heckman f`; M t. lm? DAVID PETERSON and ARDEN PETERSON, his wife, Plaintiffs V. ROBERT W. BUCHER, JR., and WILLIAM A. BOHONYI, t/d/b/a FLOWERS DRIVE PROPERTIES, and CUMBERLAND VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PREMISES LIABILITY ACTION NO. 2005-03301 P JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this L_ day of 2007 in consideration of the foregoing petition, t`?dJ ,Esq. Esq. 11CA, Esq. are appointed arbitrators in the above- and gLk?,L'? ? Y411Z-?' captioned action as prayed for. BY CO G P.J. 318881 $)tn , M F? '?4- q ol DO 0Z •6 WV I Z 8VW LOOZ KUd1GNOr?ilJdd 3H. Jo e,A t?"LSy ??? j Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. - , Def PjDwi , dart Civil Action -Law. W11?L -"Lm } , & 6-1.*-* f Oath We do solemnly swear (or lf?lrm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fideli . ire Signature '5 D ti(, p, I (,, T I , a), ? , '\1) AV I Z) F. P F- R V Name (Chairman) Name Law Firm po:?ZK Ca5 Address Law Firm 14 '-D4. MV-Z cNa Sty- . Address ? raA P'e-? Signs e NOLIKC, ?. P .?- Name Law Firm 12.0s MAa iwe,, Address b 104 ?>a?PP?.cBu?G PA i-,zs-? M4L6K4our PA- 17056, city, 40 10 Zip city, -* 1a1r1q zip city, -* It0Azip l l Z --3L 17+? Zt?jN '??a&A -T ?s I */ crt-5-o - "0 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award.. (Note: If damges for delay are awarded, they shall be separate stated.) . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: (Chairman)n.? Date of Award: / J7 o? Notice of Entry of Award Now, the ? day of , 20_(1, at :5 ? .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. r? bitrators' compensation to be paid upon appeal: $ 350. co By: Deputy P R :?.f f, to Pas D? Pte" DAVID PETERSON and ARDEN IN THE COURT OF COMMON PLEAS PETERSON, his wife, CUMBERLAND COUNTY, PA Plaintiffs V. NO: 05-03301 P ROBERT W. BUCHER, JR., and WILLIAM : CIVIL ACTION - LAW A. BOHONYI, t/d/b/a FLOWERS DRIVE : PROPERTIES and CUMBERLAND PREMISES LIABILITY ACTION VALLEY OBSTETRICS AND GYNECOLOGY, P.C., Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled, satisfied and discontinued. ANGINO & ROVNER B Gds Y Lisa oodburn, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 DATE: Attorneys for Plaintiffs U fS/? ?,) h7 ?? " ?? ca ° `r7 .z., ,,,? ?? ?? ?fi" ; ?f.?,z - v? { '; s +. `" , _?