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HomeMy WebLinkAbout05-6150IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. - to L S6 ? t c>? ??F1L_ Civil Action - (XX) Law ( ) Equity Gladys Johnson William F. Rothman, Charles F. Schubert 1129 State Road and Samuel L. Reed, Ud/b/a Rothman, Duncannon, PA 17020, Schubert and Reed, a Partnership Plaintiff 355 North 21" Street Camp Hill, PA 17011 V. Leon E. Wintermyer, Inc. RD 1 Etters, PA 17319 AIK/A Leon E. Wintermyer Company, Inc. 220 Yocumtown Road Etters, PA 17319 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX Stephen G. Held. Esauire 1300 Linglestown Road Harrisburg. PA 17110 (717) 238-2000 Name/Address/Telephone No of Attorney TO THE ABOVE NAMED DEFENDANTS: ID No.72663 Date: November 28. 2005 WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS OMMENCE AN ACTION AGAINST YOU. np 1? Proth notary Date: , /U[.)t) 3 !? a DA C by Deputy ( ) Check here if reverse is used for additional information PROTHON.-55 V W " T ./ nr y - 4 !7 I OV) c? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON GLADYS VS ROTHMAN WILLIAM ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LEON E WINTERMYER deputized the sheriff of YORK serve the within WRIT OF SUMMONS but was unable to locate Them in his bailiwick. He therefore County, Pennsylvania, to On January 5th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00: Surcharge 10.00 R'. Thomas Kline Dep York County 38.52 Sheriff of Cumberland County .00 63.52 01/05/2006 HANDLER HENNING ROSENBERG Sworn and subscribed to before me this '41 day of 1 joavj A D. I Pro otary/ SHERIFF'S RETURN - REGULAR CASE NO: 2005-06150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON GLADYS VS ROTHMAN WILLIAM ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ROTHMAN WILLIAM F the DEFENDANT , at 1351:00 HOURS, on the 14th day of December , 2005 at 3 LEMOYNE DRIVE LEMOYNE, PA 17043 by handing to WILLIAM F ROTHMAN a true and attested copy of OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 15.36 Postage .74 Surcharge 10.00 .00 44.10 Sworn and Subscribed to before me this 20 day of atroj A.D. Pr not y So Answers: R. Thomas Kline 01/05/2006 HANDLER HENNING ROSENBERG By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-06150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON GLADY VS ROTHMAN WILLIAM ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SCHUBERT CHARLES F DEFENDANT the , at 1351:00 HOURS, on the 14th day of December , 2005 at 3 LEMOYNE DRI LEMOYNE, PA 17043 by handing to WILLIAM F ROTHMAN, 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 1)zl day of ?cUO, A. D. , Pro on tar So Answers: 4 R. Thomas Kline 01/05/2006 HANDLER HENNING ROSENBERG "? JL ?G? By : Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-06150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON GLADYS VS ROTHMAN WILLIAM ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REED SAMUEL L T DEFENDANT A ROTHMAN SCHUBERT AND REED the at 1351:00 HOURS, on the 14th day of December , 2005 at 3 LEMOYNE DRIVE LEMOYNE, PA 17043 by handing to WILLIAM F ROTHMAN, 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: So Answers: Docketing 6.00 -x Service 00 T? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 01/05/2006 HANDLER HENNING ROSENBERG Sworn and Subscribed to before me this "20 w- day of .,?tro (v A. D. Prot otar By : ?Ll Deputy Sheriff COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALI, (717) 771-9601 SHERIFF SERVICE I INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY L? 1 THRU 12 DO NOT DETACH ANY COPIES I PLAINTIFF/S/ 3 4. TYPE OF WRIT ;IRTF 611(1 William F. Rothman, Charles F. Schubert, et al. I Writ - Civil SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD I Leon E Winternwer Company Inc. 1 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORG TWP STATE AND ZIP CODE) AT 220 Yocumtown Road, Et_ters PA 17319 7 INDICATE SERVICE U PERSONAL U PERSON IN CHARGE U DEPUTIZE J ER MAI U 1ST CLASS MAIL U POSTED J OTHER NOW DecaTlber6 _.20 05 I, SHERIFF OF COUNTY, PA, d, hereby deputi, el sheriff of York COUNTY to execute this Wrkam r143ke return th_ et?al'3CCcording to law. This deputization being made at the request and risk of the plaintiff SHERIFF OF -IIIIIIIIEW COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV 3Y e`.'i'.-i'Y NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy of attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY i ORIGINATOR and SGNATURE -, n TELEPHONE NUMBER 1 t DATE FILED tLt-iL@U:.L,: Ci fJLJ 11(1 Cit .jO?l?J Stephen G. Held,, 1300 LinglesptoDwpn?$Road, WHarrisburg, WPAe01,d7 -10-77 d 7-238-2000 12. TICE LO ER y,?ll I.C CQJpki ?', N CAN-LAINUiilttUU ?T5870?ml,e i l: Lei IIRIlVt YHis tot/VIl? Stephen G. Held, 1300 Linglestown Road, Harrisburg, PA 17110 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRRE BELOW TM LINE 13 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as Indicated above . LB C-. ENS 12/7/0$ 12/30/05 16. HOW SERVED. PERSONAL( ) RESIDENCE( i POSTED( ) POE (J) SHERIFF'S OFFICE. ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 16. NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relabonship to Defendant( 1 19 Da)e of Sfryice 1 20 Time of Service 21. ATTEMPTS Date Time' Miles - In I Dale Timf,{ " Miles Int Time Date Miles Int Date Time Mlles Int. Date Time Mlles Int Date Time Miles Int. I I 1 L L5 ? I I I I I I I I I I I I I I I I I 22. REMARKS'. X57 F 23. Advance Costs 24 ,Service Costs 25 N/F 26 Mileage 27 Postage 26 Sub Total 29. Pound 30 Notary 31 Surchg. 32. TiN. Costs 77 Costs Du Relund Check No t00.00 1515), ` J` •(?C ?.?2 34. Foreign County Costs 1 35. Advance Costs 36 Service Costs 37 Not Cen. 36. Mieage/POStage/Not Found 39. 7olal Costs 40 Costs Due of Refund S i so NS N t 41 . AFFIRMED and subscribed to before n tn 42 day of -r-NWEAO 1 w,. . Signature of - .__._ P. Shenrt a5 D 7F7' / 7? QS R 46. Spnature d Y 47 DATE NOTARIAL SEAL County Shen6 ' ?Z'" LISA L. BOWMAN, NOTARY PUBLIC { 1 ` CITY OF YORK, YORK COUNTY --- - - 2009 12 MY COMMISSION EXPIRES AUG 46 Signature of Foreign 49 DATE , . County Sheriff 5" -_ SHERIFF S RETUR N SIG NATURE r51 DATE RECE IVED 1. WHITE - Isswng Authonly 2. PINK - Attorney 3 CANARY Sheriffs Office 4. BLUE - Sherdrs Ortice s COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES I PUIINTIFF/SI i.Wrti numo?n L TYPE OF WRIT OR C SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD BO% NUMBER, APT NO, CITY, BORO. TWP.STATE AND ZIP CODE) 6 ADDRESS (STREET OR RFO WITH BO AT i, r r r: 7 INDICATE SERVICE U PERSONAL U PERSON IN CHARGE U DEPUTIZE JCERT MAIL U is 'r CLASS MAIL U POSTED JOTHER NOW 20 " I, SHERIFF OF COUNTY, PA, do hereby deputing the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputization being made at the request and risk of the plaintiff s SHERIFF OFASW COUNTY _ EXPEDITING SERVICE (y ; . I ' NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shelf levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in Possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any bas, destruction. or removal of any property before sheriffs sale thereof 9 TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE - 10. TELEPHONE NUMBER 7 t DATE FILED 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is to be mailed) 13. 14 I admowledge receipt of the writ DATE RECEIVED 15 Expiration/Hearing Date 1 or complain as indicated above. 1 16. HOW SERVED PERSONAL( ) RESIDENCE ( ) POSTED( POE ({) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. U 1 hereby cerby and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dale of Service 20 Time of Service 21 . ATTEMPTS Dale Time Miles Inl Date Time Miles Int Dale Time Mlles Int. Dale Time Mlles Int. Date Time Mlles Int Dale Time Miles Int. 23. Advance Costs 24 Service Costs 25. N/F 26 Mileage 27 Postage 28 Sub Total 29. Pound 30. Notary 31. Surctig. 32 Td Cmts 33 Costs Due n Reluna Check No. 1 t 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cent. 38. Mileage/Postage/Not Found 39 . Total Costs 40 Costs Due or Refund SO IISWERS 41. AFFIRMED and subscribed to before me this - 44. Signature of ,. 45 DATE - 42. day of . 20 43. ` i Dep. Sheriff _ PROTHY, I NO7ARY 46. Signature of York - 47 DATE County Sheriff 1 l - 46 Signature of Foreign 49 DATE County Shenfl 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIG NATURE St DATE RECE IVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK: Attorney 3. CANARY - Sheriffs Office 4.. BLUC SheaMSONce ORIGINAL GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Leon E. Wintermyer, Inc. GLADYS JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. No. 05-6150 WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED tfd/bfa ROTHMAN SCHUBERT AND REED, A PARTNERSHIP and LEON E. WINTERMYER, INC. A/KIA LEON E. WINTERMYER COMPANY, INC. Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Leon E. Wintermyer, Inc., in the above-captioned matter. Date: -2TU6 By: L Grego assimatis, Esquire Attorney for Defendant, Leon E. Wintermyer, Inc. y CERTIFICATE OF SERVICE AND NOW, this Z7-K day of 2006, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Leon E. Wintermyer, Inc, hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid in Mechanicsburg, Pennsylvania, addressed to: Stephen G. Held, Esquire Handling, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Rothman, Schubert, & Reed 355 North 21" Street Camp Hill, PA 17011 By: Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 r.> _? ._j -.-, iri <,1 c, .._` f'il - :,) _1 ---? `lJ ^t ? GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Leon E. Wintermyer, Inc. ORIGINAL GLADYSJOHNSON Plaintiff v WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED t/d/b/a ROTHMAN SCHUBERT AND REED, A PARTNERSHIP and LEON E. WINTERMYER, INC. A/K/A LEON E. WINTERMYER COMPANY, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6150 JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Issue a Rule upon Plaintiff, Gladys Johnson, to file her complaint against Defendant, Leon E. Wintermyer, hic. a/k/a Leon E. Wintermyer Company, Inc. within twenty days (20) from the date of service hereof; otherwise, judgment of non pros to be entered in accordance with Rule 1037 (a) of the Pennsylvania Rules of Civil Procedure. By: imatis, Esquire Grego Cass Attorney for Defendant, Leon E. Wintermyer, Inc. AND NOW, this ?ay of 2006, in accordance with the aforesaid Order, a Rule is issued upon Plainti , Gladys Johnson to file her complaint against Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc. within twenty days from the date of service hereof, otherwise, judgment of non pros to be entered in accordance with Rule 1037 (a) of the Pennsylvania Rules of Civil Procedure. G'. ?1J Curtis R. Long o onotar °-' n --, 5 ? - '?=n .. ,. w, Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 fax jmuzic@nikolaushohenadel.com Attorney I.D. No. 55919 Attorney for Defendants Rothman, Schubert and Reed GLADYS JOHNSON, Plaintiff vs. WILLIAM F. ROTHMAN, CHARLES F SCHUBERT and SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT and REED, a Partnership, and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION- LAW NO. 05-6150 JURY TRIAL DEMANDED LEON E. WINTERMYER, INC. a/k/a LEON E. WINTERMYER COMPANY, INC., Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, in reference to the above matter. Date:' 13'_G6 NIKOLAUS & HOHENADEL, LLP 3. Muzic, Jr., Esquire y for Defendants William F. Rothman, F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership CERTIFICATE OF SERVICE I hereby certify that the foregoing Entry of Appearance was sent by first-class mail, postage prepaid on the date set forth to the following: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 NIKOLAUS & HOHENADEL, LLP 1 Josep . Muzic, Jr., Esquire Att4gy for Defendants William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership Date: `? ? /??? 0 IN THE COURT OF COMMON PLEATS OF CUMBERLAND COUNTY JOHNSON Vs. NO. 056150 ROTHMAN, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 05/25/06 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST File #: M331145 LANCASTER, PA 17603 717-299-3726 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOHNSON Vs. ROTHMAN, ET AL I No. 056150 TO: STEPHEN HELD, ESQ (PLAINTIFF) GREGORY XASSIMATIS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 05/04/06 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longmore Enc (s) : Copy of subpoena(s) Counsel return card File. #: M331145 CONINDNWEALTH OF PENNSYLVANIA COUNNPY OF CUMBEPIAND JOHNSON Vs. Fi le No. ROTHMAN, ET AL 056150 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: MEDICAL RECORDS DEPT (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 oors ngT at MEDICAL LEGAL REPRODUCTIONS (AH%§sj 940 DISSTON ST., PHILA., PA ' You may deliver or mail legible copies of the documents or produce things requested b) this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onablE 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 thin subpoena may seek a court orde:- om pe l l i ng you to con l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ADDRESS: 212 Al .Qur m CT TELEPHONE : 17603 SUPREME COURT I D# 215-335-3212 ATTORNEY FOR: DEFENDANT M331145-01 DATE : m Q-i/ Q . aOD(p Seal of the Court BY THE COURT. Prot tar k, vil Division Deputy JOSEPH G MUZIC, ESQ (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP CUMBERLAND M331145-01 * * * SIGN AND RETURN THIS PAGE COKCNIREALTH OF PENNSYLVANIA COUIRTY OF a24BE 2IAND JOHNSON Vs. File No. 056150 ROTHMAN, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP-X, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: RADIOLOGY DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the f o 11 ow i ng domments or -thi ngA : E AT I ACHED ADDENDUM at _ MEDICAL LEGAL REPRODUCTIONS ,(A erssj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thic- 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 thi, subpoena may seek a court orde:- compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE RE01JEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: 272 N F1TT'PP-N -q TELEPHONE : LLANL;PbTkSR, PA 17603 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M331145-02 DATE : m Q y q. Qco4o Seal of the Court BY THE OOURT: Prot tar C i,} Division Deputy (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP-X ANY AND ALL X-RAY FILMS. PERTAINING TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP-X CUMBERLAND M331145-02 * * * SIGN AND RETURN THIS PAGE * * * COK4DNWFALTH OF PENNSYLVANIA COUNTY OF aiMBEPMAM JOHNSON Vs. ROTHMAN, ET AL Fi le No. 056150 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 ORTHO INST OF PENNA, 875 POPLAR CHURCH RD, CAMP HILL PA 17011 TO: (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 SEEngs: ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(Ag&ess1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: 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 thi3 subpoena may seek a court order compe 11 i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ em ADDRESS: -212 t. QUEEN Q - ?? --z TELEPHONE: LANCASTER, PA 17603 SUPREME OOURT I D# 215-335-3212 ATTORNEY FOR: M331145-03 DEFENDANT DATE : J-00(" Seal f the Court BY THE OOURT: Prot tar. k, 01 i.l Division Deputy (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR : ORTHO INST OF PENNA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONI?L APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETU101 [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ORTHO INST OF PENNA CUMBERLAND M331145-03 * * * SIGN AND RETURN THIS PAGE COM4DNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHNSON Vs. Fi le No. 056150 ROTHMAN, ET AL TO: SUBPOENA TO PRODUCE DOMWNTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 ORTHO SURG OF CENTRAL PA, 99 NOVEMBER DR, CAMP HILL PA 17011 (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 things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS<A3+tSs#940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thiZ request at the address listed above. You have the right to seek in advance the rea.onabIE 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 thin subpoena may seek a court order oempelIing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH_Q MMUZIC, ESQ ADDRESS: 2i2 N WHEN S TELEPHONE : LANCASTER, PA 17603 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: M331145-04 DEFENDANT DATE: Q , Seal f the Court BY THE COURT: -09 Prot tart' er , Civ Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA JOHNSON Vs. ROTHMAN, ET AL No. 056150 CUSTODIAN OF RECORDS FOR: ORTHO SURG OF CENTRAL PA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONI?L APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ORTHO SURG OF CENTRAL PA CUMBERLAND M331145-04 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO: JOHNSON Vs. ROTHMAN, ET AL , Fi le No. 056150 SUBPOENA TO PRODUCE DOCIMNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HEALTHSOUTH, 920 CENTURY DR, MECHANICSBURG PA 17055 (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 -- at MEDICAL LEGAL REPRODUCTIONS(Aa*ressf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? 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 rea,onable 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 thin subpoena may seek a court orde;- con pe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: i 2 N QUEEN S 1 L TELEPHONE : 17 6 0 3 SUPREME OOURT ID 4 215-335-3212 ATTORNEY FOR: M331145-05 DEFENDANT DATE : h1ja - .2W& Seal f the Court BY THE OOURT: r Prot tary , O' i.} Division Deputy (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR: HEALTHSOUTH ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONE?L APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HEALTHSOUTH CUMBERLAND M331145-05 * * * SIGN AND RETURN THIS PAGE OF PENNSYLVANIA COUNTY OF CUMBERIAND JOHNSON Vs. File No. 056150 ROTHMAN, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HARRISBURG HOSP, 111 S FRONT ST, HARRISBURG PA 17107 TO: ATTN: MEDICAL RECORDS DEPT (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 SEEng?? - 13 ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(A ssf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable 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 thin, subpoena may seek a court orde;- oonpe l l i ng you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS : _ „ Lrz-;et ^ ;?PT-ST- TELEPHONE: CFA- 17603 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: M331145-06 DEFENDANT DATE: imau .C20191 Seal o the Court BY THE ODURT: Prot tar er Civill ivision Deputy (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR: HARRISBURG HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HARRISBURG HOSP CUMBERLAND M331145-06 * * * SIGN AND RETURN THIS PAGE COM DNWFALTH OF PENNSYLVANIA COUNTY OF CUMBEK ND JOHNSON Vs. Fi le No. 056150 ROTHMAN, ET AL ORIGINAL X-RAYS REQUESTED HARRISBURG HOSP-X, 111 S FRONT ST, HARRISBURG PA 17107 TO: ATTN: RADIOLOGY DEPT (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 thing S T at MEDICAL LEGAL REPRODUCTIONS(AM%tst940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or (20) days after its service, the party ocmpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: , 212 N QUEEN -Q TELEPHONE : 17603 SUPREME OOURT ID # 215-335-3212 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 things required by this subpoena within twenty serving thin subpoena may seek a court orde;- ATTORNEY FOR: M331145-07 DEFENDANT BY THE COURT: Prothonotary k, civ' Division DATE : _ Ma!, q. jm? Seal of the court Deputy (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR : HARRISBURG HOSP-X ANY AND ALL X-RAY FILMS. PERTAINING TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HARRISBURG HOSP-X CUMBERLAND M331145-07 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHNSON Vs. ROTHMAN, ET AL Fi le No. 056150 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SUSQUEHANNA VAL SURG CTR, 4310 LONDONDERRY RD, HARRISBURG PA 17109 (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 3EEngs -- ATTACHEDF-ADDENDIUM at MEDICAL LEGAL REPRODUCTIONS(A Ssj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this 'subpoena, together with the certificate of ccmpliance, to the party making thin 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 thin subpoena may seek a court orde;- carpe l l i ng you to ccrrp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS : _ 212 N QUEEN- 2 s LANCA&ZER, PA TELEPHONE : 17 6 0 3 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M331145-08 DATE : /,?e, . o2e,04o Seal of the Court BY TFE OOURT: Prot tart'/C Civ' Division Deputy (Eff. 1/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VAL SURG CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY ETHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONE?L APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SUSQUEHANNA VAL SURG CTR CUMBERLAND M331145-08 * * * SIGN AND RETURN THIS PAGE COMNnNWEALTH OF PENNSYLVANIA COUNTY OF C[]MBERI AND JOHNSON Vs. ROTHMAN, ET AL Fi le No. 056150 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM, 175 LANCASTER BLVD, MECHANICSBURG PA 17055 (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 AT' 71 1 -ADDENDUM -- at MEDICAL LEGAL REPRODUCTIONS(ANVeSsI940 DISSTON ST., PHILA., PA You may deliver or.maiI legible copies of the documents or produce things requested h? this subpoena, together with the certificate of ccmpliance, to the party making thi-c request at the address listed above. You have the right to seek in advance the reasonablc- 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 thin subpoena may seek a court orde;- a3y pe l l i ng you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _ JOSEPH G MUZIC, ESQ ADDRESS: 212 N QUEEN S TELEPHONE : 17 6 0 3 SUPREME COURT I D 4 215-335-3212 ATTORNEY FOR: DEFENDANT M331145-09 DATE : may./ q , xv& Seal of the Court Deputy BY THE COURT: Prot tary/C , ivi Division (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR: PRISM ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY ETHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PRISM CUMBERLAND M331145-09 * * * SIGN AND RETURN THIS PAGE * * * C0W DNWE'ALTH OF PENNSYLVANIA COUNTY OF-CUMBERLAND JOHNSON Vs. File No. 056150 ROTHMAN, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 GIANT FOODS, 310 E PENN DR, ENOLA PA 17025 TO: ATTN. PERSONNEL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE A I7 -AD at MEDICAL LEGAL REPRODUCTIONS(AgfresSI940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of canpIiance, to the party making thi -z request at the address listed above. You have the right to seek in advance the rea.onabie 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 thin subpoena may seek a court ordei- cxxrpe l l i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: 212 N QUEEN S TELEPHONE : LANCASTER,-PA-17603 SUPREME OOURT ID 4 215-335-3212 ATTORNEY FOR: M331145-10 DEFENDANT BY THE COURT: Prot tary c ivi Division DATE: Mau q- 12W(1 Seal o the Court Deputy (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR : GIANT FOODS ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONE?L APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or GIANT FOODS CUMBERLAND M331145-10 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUN1.'Y OF CLWBERLA4D JOHNSON Vs. ROTHMAN, ET AL Fi le No. 056150 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: FAMILY MED CTR MARYSVILLE, 506 S STATE RD, MARYSVILLE PA 17053 (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 AT -- at MEDICAL LEGAL REPRODUCTIONS(AJ49ssf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? 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 rea.onable 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 thi3 subpoena may seek a court orde;- oarrpe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH Q MUZIC, ESQ ADDRESS: --212 N QUEEN S TELEPHONE : LANCAS 1-, PK-17 6 0 3 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M331145-11 DATE : _ q. am( Seal o the Court Deputy BY THE COURT: Prot tary/, Civil ivision (Eff. 1/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR : FAMILY MED CTR MARYSVILLE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY DTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONE?L APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodi an of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or FAMILY MED CTR MARYSVILLE CUMBERLAND M331145-11 * * * SIGN AND RETURN THIS PAGE COMMDNWEALTH OF PENNSYLVANIA COUNTY OF CU 93ERI AM JOHNSON Vs. ROTHMAN, ET AL File No. 056150 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 FREDERICKSEN OUTPT CTR, 2015 TECHNOLOGY PK, MECHANICSBURG PA 17050 TO: (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 -- at MEDICAL LEGAL REPRODUCTIONS(A Ssf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnpliance, to the party making thi-s request at the address listed above. You have the right to seek in advance the rea.onab]E 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 thin subpoena may seek a court order carpe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQMST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: _ 212 N - QUERN Q TELEPHONE : LANCASTER-,---PA-17603 SUPREME COURT ID 4 215-335-3212 ATTORNEY FOR: DEFENDANT M331145-12 DATE: L r,/ q Seal of the Court Deputy BY THE OOURT : Prot tary , Civ' Division (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR : FREDERICKSEN OUTPT CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY ETHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONE?L APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or FREDERICKSEN OUTPT CTR CUMBERLAND M331145-12 * * * SIGN AND RETURN THIS PAGE NTH OF PENNSYLVANIA COUNTY OF CIA ID JOHNSON Vs. ROTHMAN, ET AL File No. 056150 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: DR ROBERT MATSKO, 211 BROAD ST, MARYSVILLE PA 17053 (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 -- at MEDICAL LEGAL REPRODUCTIONS(AJA?ssJ940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccmpliance, to the party making thi-c 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 thi, subpoena may seek a court orde;- compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS : _ 212 N QUEEN--mss TELEPHONE : 17603 ---LANCASTER, PA SUPREME OOURT ID 4 215-335-3212 ATTORNEY FOR: DEFENDANT M331145-13 DATE: MQv q. d?(P Seal o the Court BY THE COURT: % Prot tart'/Cj,e ivi,f ivision Deputy (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR: DR ROBERT MATSKO ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY ETHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: 186365804 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONY& APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR ROBERT MATSKO CUMBERLAND M331145-13 *** SIGN AND RETURN THIS PAGE *** N 7IC :? N ZD GLADYS JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT AND REED, A PARTNERSHIP, LEON E. WINTERMYER, INC. a/k/a LEON E. WINTERMYER COMPANY, INC., Defendants : NO. 2005-6150 - CIVIL TERM CIVIL ACTION - LAW 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER HENNING & ROSENBERG, LLP By ephen G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 GLADYS JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES : NO. 2005-6150 - CIVIL TERM F. SCHUBERT, AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT : AND REED, A PARTNERSHIP, LEON : E. WINTERMYER, INC. a/k/a LEON E. : CIVIL ACTION - LAW WINTERMYER COMPANY, INC., Defendants AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes piginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s 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 defenses de, y objecciones a, las 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 por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LASIGUIENTE OFICINA. ESTAOFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER H NING & OSENBERG, LLP ey S e hen G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 GLADYS JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES : NO. 2005-6150 - CIVIL TERM F. SCHUBERT, AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT : AND REED, A PARTNERSHIP, LEON : E. WINTERMYER, INC. a/k/a LEON E. : CIVIL ACTION - LAW WINTERMYER COMPANY, INC., Defendants COMPLAINT AND NOW, comes the Plaintiff, Gladys Johnson, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and makes thewithin Complaint against the Defendants, William F. Rothman, Charles F. Schubertand Samuel L. Reed, t/d/b/a Rothman, Schubertand Reed, a Partnership, Leon E. W intermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., and in support thereof, avers as follows: 1. Plaintiff, Gladys Johnson, is an adult individual currently residing at 1129 State Road, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, is a partnership currently doing business at 355 North 21" Street, Camp Hill, Cumberland County, 17011. 3. Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., is a corporation with offices located at inter alia, 220 Yocumtown Road, Etters, York County, Pennsylvania 17319. 4. At all times material hereto, Defendants, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership and/or Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., was in ownership, possession, management and/or control of the Premises located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 5. At all times material hereto, Plaintiff, Gladys Johnson, was lawfully on said premises in conjunction with her employment with Giant Food Store. 6. At all times material hereto, Defendants, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership and/or Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., who had exclusive control of said Premises, had allowed snow and ice to accumulate and remain on the parking lot of the premises located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 7. At all times material hereto, there were no warning signs posted on the Premises warning of the snow and ice that existed on the parking lot. 8. On or about January 29, 2004, Plaintiff, Gladys Johnson, was on the Premises. While en route from her car to her employer, Giant Food Store, Plaintiff was caused to slip and fall harshly upon the ground due to an accumulation of snow and/or ice that was allowed to remain and/or was caused to accumulate and/or remain on the parking lot, causing personal injuries to the Plaintiff, as more particularly set forth herein. COUNTI - NEGLIGENCE GLADYS JOHNSON v. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT AND REED. A PARTNERSHIP -2- 9. Paragraphs 1 through 9 are incorporated herein as if fully set forth. 10. At all times material to hereto, Plaintiff, Gladys Johnson, believes and therefore avers, that Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, was in ownership, possession, management and/or control of the Premises and was responsible for maintaining the safe condition of the property located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 11. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Gladys Johnson, were caused directly and proximately by the negligence of Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, and/or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting the parking lot at the Premises to become covered with snow and/or ice thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; b. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the snow and/or ice, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; C. In failing to ensure the parking lot at said Premises was maintained in a safe condition to prevent injuryto the Plaintiff and other persons lawfully upon the Premises; -3- d. In having an improper design of the premises so as to create a hazard by allowing ice and/or snow to accumulate; e. In failing to post a warning sign or device in the area to notify of the dangerous icy or slippery condition on the parking lot of said Premises; f. In failing to properly remove the snow and/or ice from the parking lot of said Premises so as to avoid the situation in which the Plaintiff slipped and fell; g. In failing to keep the aforementioned parking lot free from hazardous conditions in violation of § 302.3 of the Property Maintenance Code. h. In failing to properly remove the snow and/or ice from the parking lot of said Premises; L In failing to place or adequately place salt, cinders or any other non-skid material upon the snow and ice covered parking lot; j. In failing to maintain the parking lot in a reasonably safe condition thatwould prevent an entrant upon the land from slipping and falling; k. In failing to remedy the aforementioned dangerous conditions when they knew or should have known that the conditions involved an unreasonable risk of harm to persons lawfully on said property in violation of § 359 Restatement 2d of Torts. 12. Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, had actual knowledge or should have known through the exercise of ordinary care and diligence that there was snow and ice accumulated on the parking lot in the area where Plaintiff, Gladys Johnson, fell. 13. As a direct and proximate result of the negligence of Defendant, William F. -4- Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, Plaintiff, Gladys Johnson, sustained serious injuries including, but not limited to, hand, shoulder and back injuries. 14. As a direct and proximate result of the negligence of Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, Plaintiff, Gladys Johnson, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 15. As a direct and proximate result of the negligence of Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, Plaintiff, Gladys Johnson, has been, and will in the future be, hindered from attending to her daily duties and activities to her great detriment, loss, humiliation and embarrassment. 16. As a direct and proximate result of the negligence of Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, Plaintiff, Gladys Johnson, has and will in the future, suffer a loss of life's pleasures. 17. As a direct and proximate result of the negligence of Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, Plaintiff, Gladys Johnson, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the -5- same purposes in the future, to her great detriment and loss. 18. As a result of the negligence of Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubertand Reed, a Partnership, Plaintiff, Gladys Johnson, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 19. Plaintiff, Gladys Johnson, believes, and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Gladys Johnson, seeks damages from Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT II - NEGLIGENCE GLADYS JOHNSON v. LEON E. WINTERMYER. INC. a/k/a LEON E. WINTERMYER COMPANY. INC. 20. Paragraphs 1 through 19 are incorporated herein as if fully set forth. 21. At all times material to hereto, Plaintiff, Gladys Johnson, believes and therefore avers, that Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., was in ownership, possession, management and/or control of the Premises and was responsible for maintaining the safe condition of the property located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 22. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Gladys Johnson, were caused directly and proximately by the negligence of -6- Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., and/or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting the parking lot at the Premises to become covered with snow and/or ice thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; b. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the snow and/or ice, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; C. In failing to ensure the parking lot at said Premises was maintained in a safe condition to prevent injury to the Plaintiff and other persons lawfully upon the Premises; d. In having an improper design of the premises so as to create a hazard by allowing ice and/or snow to accumulate; e. In failing to post a warning sign or device in the area to notify of the dangerous icy or slippery condition on the parking lot of said Premises; f. In failing to properly remove the snow and/or ice from the parking lot of said Premises so as to avoid the situation in which the Plaintiff slipped and fell; g. In failing to keep the aforementioned parking lot free from hazardous conditions in violation of § 302.3 of the Property Maintenance Code. h. In failing to properly remove the snow and/or ice from the parking lot of said Premises; -7- i. In failing to place or adequately place salt, cinders or any other non-skid material upon the snow and ice covered parking lot; j. In failing to maintain the parking lot in a reasonably safe condition that would prevent an entrant upon the land from slipping and falling; k. In failing to remedy the aforementioned dangerous conditions when they knew or should have known that the conditions involved an unreasonable risk of harm to persons lawfully on said property in violation of § 359 Restatement 2d of Torts. 23. Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., had actual knowledge or should have known through the exercise of ordinary care and diligence that there was snow and ice accumulated on the parking lot in the area where Plaintiff, Gladys Johnson, fell. 24. As a direct and proximate result of the negligence of Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., Plaintiff, Gladys Johnson, sustained serious injuries including, but not limited to, hand, shoulder and back injuries. 25. As a direct and proximate result of the negligence of Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., Plaintiff, Gladys Johnson, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 26. As a direct and proximate result of the negligence of Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., Plaintiff, Gladys -8- Johnson, has been, and will in the future be, hindered from attending to her daily duties and activities to her great detriment, loss, humiliation and embarrassment. 27. As a direct and proximate result of the negligence of Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., Plaintiff, Gladys Johnson, has and will in the future, suffer a loss of life's pleasures. 28. As a direct and proximate result of the negligence of Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., Plaintiff, Gladys Johnson, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. 29. As a result of the negligence of Defendant, Leon E. W intermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., Plaintiff, Gladys Johnson, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 30. Plaintiff, Gladys Johnson, believes, and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Gladys Johnson, seeks damages from Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT III - BREACH OF CONTRACT GLADYS JOHNSON v. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT AND SAMUEL L. REED. t/d/b/a ROTHMAN, SCHUBERT AND REED. A PARTNERSHIP -9- 31. Paragraphs 1 through 30 are incorporated herein as if fully set forth at length. 32. The main thoroughfare of the property located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania is a parking lot. 33. On or about January 29, 2004, Plaintiff was an employee of Giant Food Stores. 34. Pursuant to a contract, agreement and/or lease between Giant Food Stores and Defendant, Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, was responsible for the removal of snow and ice from Premises and/or was responsible for maintaining the safe condition of the property, including but not limited to snow and/or ice removal for the Giant Food Store parking lot located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. (Plaintiff does not have copy of the aforementioned agreement however its existence has been evidenced through correspondence.) 35. Pursuant to the aforementioned agreement between Giant Food Stores and Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, Plaintiff, Gladys Johnson, was a third party beneficiary of the contract. 36. Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubertand Reed, a Partnership, failed to properly maintain the parking lot and keep it free from hazardous conditions, namely, snow and/or ice. 37. The occurrence of the aforementioned incident and the resulting, aforementioned injuries to Plaintiff, Gladys Johnson, were a direct result of the failure of the -to- Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubertand Reed, a Partnership, to properly and/or timely remove snow and ice from the Premises, thereby breaching the terms of the contract/agreement. WHEREFORE, Plaintiff, Gladys Johnson, seeks damages from Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT IV - BREACH OF CONTRACT GLADYS JOHNSON v. LEON E. WINTERMYER. INC. a/k/a LEON E. WINTERMYER COMPANY. INC. 38. Paragraphs 1 through 37 are incorporated herein as if fully set forth at length. 39. The main thoroughfare of the property located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania is a parking lot. 40. On or about January 29, 2004, Plaintiff was an employee of Giant Food Stores. 41. Pursuant to a contract, agreement and/or lease between Giant Food Stores and Defendant, Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., was responsible for the removal of snow and ice from Premises and/or was responsible for maintaining the safe condition of the property, including but not limited to snow and/or ice removal for the Giant Food Store parking lot located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. (Plaintiff does not have copy of the aforementioned agreement however its existence has been evidenced through -11- correspondence.) 42. Pursuant to the aforementioned agreement between Giant Food Stores and Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., Plaintiff, Gladys Johnson, was a third party beneficiary of the contract. 43. Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., failed to properly maintain the parking lot and keep it free from hazardous conditions, namely, snow and/or ice. 44. The occurrence of the aforementioned incident and the resulting, aforementioned injuries to Plaintiff, Gladys Johnson, were a direct result of the failure of the Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., to properly and/or timely remove snow and ice from the Premises, thereby breaching the terms of the contract/agreement. WHEREFORE, Plaintiff, Gladys Johnson, seeks damages from Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT V - BREACH OF CONTRACT GLADYS JOHNSON v. LEON E. WINTERMYER. INC. a/k/a LEON E. WINTERMYER COMPANY. INC. 45. Paragraphs 1 through 44 are incorporated herein as if fully set forth at length. 46. The main thoroughfare of the property located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania is a parking lot. 47. On or about January 29, 2004, Plaintiff was an employee of Giant Food Stores. -12- 48. Pursuant to a contract, agreement and/or lease between Defendant, William F. Rothman, Charles F. Schubertand Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership and Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., was responsible for the removal of snow and ice from Premises and/orwas responsible for maintaining the safe condition of the property, including but not limited to snow and/or ice removal forthe Giant Food Store parking lot located at and known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. (Plaintiff does not have complete copy of the aforementioned agreement however the pages that Plaintiff does have are attached hereto and made part hereof and marked "Plaintiffs Exhibit A"). 49. Pursuant to the aforementioned agreement between Defendant, William F. Rothman, Charles F. Schubertand Samuel L. Reed, t/d/b/a Rothman, Schubertand Reed, a Partnership and Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. W intermyer Company, Inc., Plaintiff, Gladys Johnson, was a third party beneficiary of the contract. 50. Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., failed to properly maintain the parking lot and keep it free from hazardous conditions, namely, snow and/or ice. 51. The occurrence of the aforementioned incident and the resulting, aforementioned injuries to Plaintiff, Gladys Johnson, were a direct result of the failure of the Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., to properly and/or timely remove snow and ice from the Premises, thereby breaching -13- the terms of the contract/agreement. WHEREFORE, Plaintiff, Gladys Johnson, seeks damages from Defendant, Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County. Dated: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP e hen G. Held, Esquire ID # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -14- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: id? 'A Gladys Johp on Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDOhhrlaw.com Attorney for Plaintiff GLADYS JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES : NO. 2005-6150 - CIVIL TERM F. SCHUBERT, AND SAMUEL L. REED, tld/b/a ROTHMAN, SCHUBERT : AND REED, A PARTNERSHIP, LEON : E. WINTERMYER, INC. a/k/a LEON E. : CIVIL ACTION - LAW WINTERMYER COMPANY, INC., Defendants CERTIFICATE OF SERVICE AND NOW, this 19° day of June, 2006,1 hereby certify that I have served the within document upon Counsel for Defendants by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Joseph G. Muzic, Jr., Esq. NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 Gregory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP ? A n rLK r X L ).e Q 211 Maria Wells, Legal Secretary to Stephen G. Held, Esquire '^ ,? .n `- --? C - 'Z" ? •.? G> -i :? r.t r ? -:-iv .:. :C GLADYS JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT AND REED, A PARTNERSHIP, LEON E. WINTERMYER, INC. a/k/a LEON E. WINTERMYER COMPANY, INC., Defendants : NO. 2005-6150 - CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly add the enclosed Exhibit "A" to the Complaint filed in the above- referenced matter. RG, LLP Steoheh G. Held, Esq. Attorney I.D. #72663 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 DATE: Attorneys for Plaintiff ? JIN-10-? 31:05 P. C) N/t ]015 IS:v ll)SM]1L3 4bR,f NlN IN PPm i, f NYlrw NwM f tA.m WXwr ] lam WN- ?i roan VL LOSnw PWr 6 AO.m WHeY f ]]S.m ft. ? ??ro' VN [rand.'PUhr f ]%m Prmur 5 ]nA WIWr yY?U GfFSnr PUYwr 5 ]WW PNNwr S 9tlm Pr NV .q`t.. Y]n'Sn[. WNw f M. ft. f t%.M WMw '. XL Wv S ]Sm WMwr f ]S.m bn LWN[r19nw YWr S ilm WHV f H.m P. Ps Xwr qqM„ HMUNG SNOW ON 011 OFF WE , Sri n6[1 L91n/.LW GUmPTM f Ym WNw f )0.m PYFbur lrwdm AyY D. T. f Lim WNav S tm.m P". y TF 4.Y Wnq TUN f am Ps~ 5 ll0. PmX l %m N. tt[ny[miW[MmaMNM1Vlvlll[vNN ?,. } 1. SprYM WhvIW OPx[Nr i tm.00 Wlbx f tA,m WN[w L WvIW: Up[nrplb ® 1* wGk4mGMM O. Sw f S .lm R'T . mm hr m Inb LE Bp[ [. MiWJ S Mm Wien a. quwa,r[mNm f xim Wr[n t. SncMMI [[ nbM[:NaMIneY gl'w'Dlglwb[.IMF 11MNbaY'.[WI. L W[ Wltpn ruln[MU[[ry[mC aN[[ WIUYU[NWxiN Lsbwb[. f, vmN INmume bwmwggma nwirnNawr Nl Nwe. ,[a [rNN [m wNa m.mrr[ m:[w5N wa a w pwu nw. ww. wNNNSUN a...W q[.rommN.nm Nm.gra[nNmIWS Mnw nrlbr.N:wraauNNnr45.:tlm aroLn.am.NUr peamarprw5no.nnyN.mpNrl.ttm.k[uaamamma[anrwN. .u[NN Um,rNwnP?•nwm mbxWrrorW NmNNe aum mmr. 4 Yw Me loom u[,mupr,f a htl1.NW (gwAn.in er[wYX tl puMan[ a:SNe[nrN qqN. Tv'^N ?l?-49SS a/S•Pn69?tut? #? rN,ti:rw. M`- UON E. WNT91 m. Inc. Lrmr m ?'L ]3 aNOm .r[.r .n.. u.[ml LerWw JUN-10-2005 11:06 P.08 6rgsufflcient number of markers able to withstand a heavy snowstorm and visable to the operator shall be placed and maintained by you. We vd1l not be responsible for any damage to curbs, fight bases, buildings, or other obstacles not clearly marked. 7, It will be the owner's regponsibility to notify the contractor If salt or chemical substance material Is needed. e. Leon E Wintemryar, Inc. will provide emergency contact list upon acceptance of contract. 9. We agree to plow snow from your property in accordance with your instructions. We do not guarantee or represent that the area we plow will be entirely free of snow and or ire, only that we will plow it within the lmits of the equipment. Owner will continue to be responsible to make the areas we plow safe for pedestrian and vehicle traffic, and will take whatever action Is necessary to make them safe for such traffic, and will Indemnify and save harmless LEON E. WINTERMYER, INC, and its officers, employees, directors, and agents ( collectively "Indemnified Persons'l from and against any and all actions, judgements, lawsuits, claims, damages, obligations, liabilities, costs, and expenses of any kind (including costs and legal fees of defending or settling any such action) which such Indemntflod Person may incur arising out of or caused by any Injury to any person or property on owners premises related to or caused by snow, ice, water, j debris upon the property. I Special Provisions for All Stored Equipment 1. If any equiprren! is required by owners to be stored on site, there will be a twenty (20) hour minimum charge par month. This charge Is for standby only with no credit towards actual usage. Mobilization 1, All equipment not stored on site shall Incurs two-hour mobilization charge, Material Surcharge 1. Due to the volatility of fuel and salt prices, our suppliers have notified us that a surcharge may b possible. In the event that we. are required to pay surcharges, it Will be necessay to pass additional costs onto our customers. Contracts 1. Snow removal will be scheduled based on the availability of our labor and equipment No resources will be scheduled until a signed contract Is received. #.,A. THIS FNdr OM LEON E. VANTERMYER. INC. ?.?.? Job Nama_j } Accepted subrlTtred by. ,.....?` Accepted OPUGINAL -SIGN a RBnXW OF Atilt N CoNrolqu = w,r„ mopacAL by OsM .,•.,.w Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDOhhrlaw.com Attorney for Plaintiff GLADYSJOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT AND REED, A PARTNERSHIP, LEON E. WINTERMYER, INC. a/k/a LEON E. WINTERMYER COMPANY, INC., Defendants NO. 2005-6150 - CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 27th day of June, 2006, 1 hereby certify that I have served the within document upon Counsel for Defendants by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail. Joseph G. Muzic, Jr., Esq. NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 Gregory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP `-n n .-g ?A 1R 0 41l Maria Wells, Legal Secretary to Stephen G. Held, Esquire p. l 10 • C- GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 ATTORNEY FOI N AL Leon E. Wintermyer, c. Attorney I.D. # 49619 GLADYSJOHNSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED t/d/b/a ROTHMAN SCHUBERT AND REED, A PARTNERSHIP and LEON E. WINTERMYER, INC. A/K1A LEON E. WINTERMYER COMPANY, INC. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Gladys Johnson, Plaintiff c/o Stephen G. Held, Esquire Handling, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 No. 05-6150 Co-Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed t/d/b/a Rothman, Schubert, Reed, a Partnership c/o Joseph G. Muzic, Esquire Nikolaus & Hohenadel, LLP 212 North Queen Street Lancaster, PA 17603 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252 (d) WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. BY: Gregor . Cassimatis, Esquire Attorney for Defendant, Leon E. Wintermyer, Inc. GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 GLADYSJOHNSON Plaintiff V. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED t/d/b/a ROTHMAN SCHUBERT AND REED, A PARTNERSHIP and LEON E. WINTERMYER, INC. A/K/A LEON E. WINTERMYER COMPANY, INC. Defendants ATTORNEY FOR DEFENDANT, Leon E. Wintermyer, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6150 JURY TRIAL DEMANDED DEFENDANT'S LEON E. WINTERMYER. INC.. ANSWER. NEW MATTER AND NEW MATTER PURSUANT Pa. R.C.P. 2252 (d) TO PLAINTIFF'S COMPLAINT AND NOW, comes Answering Defendant, Leon E. Wintermyer, Inc. by and through its attorney, Gregory E. Cassimatis, Esquire and files the following Answer, New Matter and New Matter pursuant to Pa.R.C.P. 2252 (d) to Plaintiff's Complaint and avers as follows: Denied. After reasonable investigation, the answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 1 of Plaintiffs Complaint and, therefore, said allegations are denied and strict proof is demanded at the time of trial. Denied. After reasonable investigation, the answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 2 of Plaintiff s Complaint and, therefore, said allegations are denied and strict proof is demanded at the time of trial. 3. Admitted. 4. Denied as to the answering Defendant. It is specifically denied that at all times material hereto, Defendant, Leon E. Wintermyer, Inc. was in ownership, possession, management and/or control of the premises known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 5. Denied. After reasonable investigation, the answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 5 of Plaintiff s Complaint and, therefore, said allegations are denied and strict proof is demanded at the time of trial. 6. Denied as to the answering Defendant. It is specifically denied that at all times material hereto, Defendant, Leon E. Wintermyer, Inc. was in ownership, possession, management and/or control of the premises known as 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. The balance of the allegations in Paragraph 6 of Plaintiff s Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 7. Denied. After reasonable investigation, the answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 7 of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof is demanded at the time of trial. 8. Denied. After reasonable investigation, the answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 8 of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof is demanded at the time of trial. COUNT I. - NEGLIGENCE Gladys Johnson v William F Rothman Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, Partnership 9.-19. The allegations set forth in Paragraphs 9-19 of Plaintiff's Complaint are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Leon E. Wintermyer, Inc., demands judgment in its favor and against the Plaintiff together with costs of suit. COUNT II. - NEGLIGENCE Gladys Johnson v. Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc. 20. The Answering Defendant, incorporates its answers to Paragraphs 1-19 by reference as if fully set forth at length. 21. Denied. It is specifically denied that at all times material hereto, Defendant, Leon E. Wintermyer, Inc. was in ownership, possession, management and/or control of the premises referred to in Plaintiff s Complaint. The balance of the allegations contained in Paragraph 21 of Plaintiff's Complaint contain legal conclusions to which no responsive pleading is required. 22. (a.)-(k) Denied pursuant to Pa.R.C.P. 1029 (e). 23. Denied pursuant to Pa. R.C.P. 1029 (e) and as a legal conclusion to which no responsive pleading is required. 24. Denied pursuant to Pa.R.C.P. 1029 (e). 25. Denied pursuant to Pa.R.C.P. 1029 (e). 26. Denied pursuant to Pa.R.C.P. 1029 (e). 27. Denied pursuant to Pa.R.C.P. 1029 (e). 28. Denied pursuant to Pa.R.C.P. 1029 (e). 29. Denied pursuant to Pa.R.C.P. 1029 (e). 30. Denied pursuant to Pa.R.C.P. 1029 (e). WHEREFORE, Defendant, Leon E. Wintermyer, Inc., demands judgment in its favor and against the Plaintiff together with costs of suit. COUNT III. - BREACH OF CONTRACT Gladys Johnson v William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, Partnership 4 31-37. The allegations set forth in Paragraphs 31-37 of Plaintiff's Complaint are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Leon E. Wintermyer, Inc., demands judgment in its favor and against the Plaintiff together with costs of suit. COUNT IV. - BREACH OF CONTRACT Gladys Johnson v. Leon E. Wintermver, Inc. a/k/a Leon E. Wintermver Company, Inc. 38. The answering Defendant incorporates its answers to Paragraphs 1-37 above by reference as if fully set forth at length. 39. Answering Defendant is unclear as to what is meant by the term "main thoroughfare" of the property in question. It is admitted that there is a parking lot located at 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 40. Denied. After reasonable investigation, the answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 40 of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof is demanded at the time of trial. 41. Denied. It is specifically denied that Defendant, Leon E. Wintermyer, Inc. had a contract agreement, contract, and/or lease between itself and Giant Food Stores. By way of further answer, the allegations contained in Paragraph 41 of Plaintiff's Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 42. Denied. It is specifically denied that Defendant, Leon E. Wintermyer, Inc. had a contract agreement, contract, and/or lease between itself and Giant Food Stores. By way of further answer, the allegations contained in Paragraph 41 of Plaintiff's Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 43. Denied. Pursuant to Pa.R.C.P. 1029 (e) and as a legal conclusion to which no responsive pleading is required. 44. Denied. Pursuant to Pa.R.C.P. 1029 (e) and as a legal conclusion to which no responsive pleading is required. WHEREFORE, Defendant, Leon E. Wintermyer, Inc., demands judgment in its favor and against the Plaintiff together with costs of suit. COUNT V. - BREACH OF CONTRACT Gladys Johnson v. Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company. Inc. 45. The answering Defendant incorporates its answers to Paragraphs 1-44 of above by reference as if fully set forth at length. 46. Answering Defendant is unclear as to what is meant by the term "main thoroughfare" of the property in question. It is admitted that there is a parking lot located at 310 South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 47. Denied. After reasonable investigation, the answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations in Paragraph 47 of 6 Plaintiffs Complaint and, therefore, said allegations are denied and strict proof is demanded at the time of trial. 48. Admitted in part and denied in part. It is admitted that Defendant, Leon E. Wintermyer, Inc. had a snow plowing contract with Defendant, William F. Rothman, Charles S. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a partnership. That contract speaks for itself and is attached hereto and is marked as Exhibit "A". The balance of the allegations contained in Paragraph 48 of Plaintiff's Complaint contain legal conclusions to which no responsive pleading is required and the same is denied and strict proof is demanded. 49. Denied. The allegations set forth in Paragraph 49 of Plaintiff s Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 50. Denied. The allegations set forth in Paragraph 50 of Plaintiff s Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 51. Denied. The allegations set forth in Paragraph 51 of Plaintiff s Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Defendant, Leon E. Wintermyer, Inc., demands judgment in its favor and against the Plaintiff together with costs of suit. NEW MATTER 52. Defendant, Leon E. Wintermyer, Inc. incorporates herein by reference Paragraphs 1- 51 one of its Answer to Plaintiff's Complaint. 53. Plaintiff's Complaint fails to set forth a cause of action upon which relief can be granted against answering Defendant. 54. Any work Defendant, Leon E. Wintermyer, hic., performed in connection with the contract for the premises in question was performed in a workmanlike manner in accordance with the terms and specifications of its contract with Co-Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership. 55. Any work performed and completed by the answering Defendant was inspected by and approved and accepted by Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, a Partnership prior to Plaintiff s alleged accident. 56. No deficiencies or defects in materials and/or workmanship existed in the work performed by the answering Defendant. 57. Plaintiff s injuries and damages, if any, were caused solely and directly as a result of the negligence, carelessness and recklessness of the Plaintiff in failing to exercise ordinary care for her own safety under the circumstances. 58. Plaintiff assumed the risk by traversing over and/or into an open and obvious condition. 59. Plaintiff had notice and knowledge of the condition alleged to have caused the accident in question and did knowingly and willfully encounter this condition, and did assume the risk of any injury that could have arisen. 60. Plaintiff may have been comparatively negligent in causing her alleged harm and any recovery by Plaintiff should be eliminated or reduced pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. § 7102. 61. If Plaintiff suffered any damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of parties unknown by the answering Defendant and over whom the answering Defendant had no control or right to control. 62. Counts III and IV of Plaintiff's Complaint fail to set forth a cause of action against the answering Defendant for Breach of Contract. WHEREFORE, Defendant, Leon E. Wintermyer, Inc. respectfully requests that Plaintiff's Complaint be dismissed in its entirety and Judgment entered in its favor together with costs of suit. NEW MATTER IN THE NATURE OF A CROSS-CLAIM PURSUANT TO Pa.R.C.P. 2252 (d) Leon E Wintermver Inc. a/k/a Leon E. Wintermver Company, Inc. v. William F. Rothman Charles F Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership 63. Paragraphs 1-62 of the answering Defendant's Answer to Plaintiff's Complaint are incorporated herein by reference as if fully set forth at length. 9 64. For purposes of this cross-claim, the allegations and counts against the respective parties as set forth in Plaintiff's Complaint are incorporated herein by reference as if fully set forth at length without admission or adoption. 65. At all times relevant hereto, the relationship between Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, Partnership and Defendant, Leon E. Wintermyer, Inc. was governed by a snowplowing contract dated November 10, 2003, a true and correct copy of which is attached hereto as Exhibit "A". 66. Pursuant to the contract between Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, Partnership, and Defendant, Leon E. Wintermyer, Inc., it was the responsibility of Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, Partnership, to notify Defendant, Leon E. Wintermyer, Inc if salt or chemical substance material is needed. See Exhibit "A", paragraph 7. 67. On or about January 29, 2004, Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, Partnership, did not direct or request that Defendant, Leon E. Wintermyer, Inc. salt, cinder or perform any services whatsoever to the parking lot referred to in Plaintiff's Complaint until after the Plaintiff's alleged slip and fall incident. 68. Any work performed and completed by Defendant, Leon E. Wintermyer, Inc. prior to Plaintiff's alleged accident was inspected, approved and accepted by Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, Partnership, or their appointed designee prior to the alleged slip and fall incident. 10 69. Pursuant to the contract between the parties, Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, Partnership, was responsible for making the areas plowed safe for pedestrian traffic and agreed to indemnify and save harmless, Defendant, Leon E. Wintermyer, Inc. from any lawsuits arising out of any injury to person or property on the premises in question caused by snow, ice, water or debris upon the property. See Exhibit "A" at Paragraph 9. 70. If the incident described in Plaintiff's Complaint occurred as alleged therein then Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, a Partnership is solely liable to the Plaintiff. 71. In the alternative, the Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, Partnership is liable over to the answering Defendant, Leon E. Wintermyer, Inc., for contribution and indemnity, the existence of any liability on the part of the answering Defendant being expressly denied. 72. The negligence of Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, a Partnership was active and primary and, any alleged negligence on the part of the answering Defendant, Leon E. Wintermyer, Inc., which is specifically denied, was secondary and passive. 73. The answering Defendant, Leon E. Wintermyer, Inc. asserts this cross-claim against Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, Partnership to preserve its right of contribution and/or indemnity or both. WHEREFORE, Defendant, Leon E. Wintermyer, Inc. demands that any judgment entered in favor of Plaintiff be entered solely against Defendant, William F. Rothman, Charles F. 11 Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, a Partnership. In the alternative, answering Defendant, Leon E. Wintermyer, Inc. demands that in the event that judgment is entered against it, any liability on its part being specifically denied, that such judgment be entered jointly and/or severally against Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, a Partnership together with it or that Defendant, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/b/d/a Rothman, Schubert and Reed, a Partnership, be held liable over to answering Defendant, Leon E. Wintermyer, Inc. for contribution and/or indemnity or both. Date: By Grego Cassimatis, Esquire Attorney for Defendant, Leon E. Wintermyer, Inc. 12 pB e M LEON E. WINTERMYER, INC. 220 Yocumtown Road N nVE Etters, PA 17319 Sam Reed (717) 938-1468 PROPOSAL SUBMITTED TO PHONE DATE Rothman Schubert Reed Fax: 717-763-1656 10-Nov-03 • STREET JOB NAME 3 Lemoyne Dr, Suite 100 SNOW REMOVAL CITY, STATE, AND ZIP COPE JOB LOCATION Lemoyne, PA 17043 Enola Giant ARCHITECT DATE OF PLANS ,. ... JOB PHONE We hereby.abmlt speafi.mims and estimates for: SNOW REMOVAL EQUIPMENT RATES FOR 2003-2004 REGULAR TIME RATE OVERTIME RATE 6:00 AM TO 4:00 PM 4:00 PM TO 6:00 AM 1. Rubber Tire Front End Loaders A. S dd5teer S 55&9 --PeFHOW S _ as on _ R-W Hour B. 580 Case RIT Hoe or Equiv. $ 78.00 Per Hour $ 93.00 Per Hour C. 590 Case RIT Hoe or Equiv. $ 90.00 Per Hour $ 110.00 Per Hour D. 2 CY 928 CAT or Equiv. $ 100.00 Per Hour $ 115.00 Per Hour E. 3 CY 938 CAT or Equiv. $ 140.00 Per Hour $ 155.00 Per Hour F. 4 CY 950 CAT or Equiv. $ 180.00 Per Hour $ 195.00 Per Hour ` G. 5 CY 966 CAT or Equiv. $ 200,00 Per Hour $ 215.00 Per Hour H. 6 CY 972 CAT or Equiv. $ 220.00 Per Hour $ 235.00 Per Hour 11. Grader $ 100.00 Per Hour $ 115.00 Per Hour Ill. Small Plow Truck $ 95.00 Per Hour $ 110.00 Per Hour IV. Single Axle Plow $ 95.00 Per Hour $ 110.00 Per Hour V. Tandem Plow Truck $ 95.00 Per Hour $ 110.00 Per Hour ut PropIIHt hereby to furnish material and labor-complete in accordance with above specifications, for the sum of: See Hourly Rates Payment to be made as follows: dollars IS .? ). -,- Within 30 Days of Invoice 2% Discount If Paid within 10 Days of Invoice Date All material I. guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Practices. Any alteration or deviation from above specifications involving ex. Authoriz( jr, costs will be executed only upon written orders, and will become an saute charge over and above Signature he estimate. All agreements contingent upon endues, sodden or delays beyond our control. Owner aVl ovia, I-pla O perations manager to carry fire, tornado and other necessary Insurance. Our workers are fully covered by workman's Note: This proposal may be withdrawn 30 Compensation insurance. by us if not accepted within davs. Acre Jtance of 11raposal-The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlin- ed above. Date of Acceptance: ORIGINAL - WON A RUMRN VI. 8' Snow Pusher II VII. 10' Snow Pusher VIII. 14' Snow Pusher IX. 18' Snow Pusher X. 20' Snow Pusher XI. Laborer Laborer w / Snow Blower 1. Single Axle Dump Truck ll. Tandem Axle Dump Truck $ 120.00 Per Hour $ 220.00 Per Hour $ 300.00 Per Hour $ 380.00 Per Hour $ 420.00 Per Hour $ 25.00 Per Hour $ 38.00 Per Hour $ 135.00 Per Hour $ 235.00 Per Hour $ 315.00 Per Hour $ 395.00 Per Hour $ 435.00 Per Hour $ 35.00 Per Hour $ 48.00 Per Hour HAULING SNOW ON OR OFF SITE $ 55.00 Per Hour $ 85.00 Per Hour $ 70,00 Per Hour $ 100.00 Per Hour $ 110.00 Per Hour III. Tri-Axle Dump Truck $ 95.00 Per Hour IV, If any anti-skid with or without salt is needed 1. Spreader truck with Operator $ 105.00 Per Hour 2. Materials: Upon request a. Calcium chloride $ 42.00 Per CWT b. Salt $ 90.00 Per Ton c. Anti-skid $ 30.00 Per Ton d. Anti-skid mixed w/ salt $ 55.00 Per Ton 743-ia/ A $ 120.00 Per Hour In 50 LB. Bags 1. Snow will be cleared automatically at TWO (2) inches, (ONE (1) inch for sidewalks). 2. We will open main entrance ways and drives first unless otherwise instructed. 3. When instructed by your designated representative, we will provide and spread anti-skid materials on required parts of the public areas. 4. We agree that we will clear the area in accordance with a plot plan furnished by you. Priority areas must be distinctly marked on the plot plan. Snow will be placed in designated areas until your representative shall instruct us to do otherwise. At such time, you shall provide an area accessible for trucks for the depositing of the snow. 5. You shall inform us, in writing, of an individual (s) who will be available if questions sho d rise during snow r moval at site. Sa3-358?j m 7G3-a>Y!o ??i- Y9SS i THIS PAGE BECOME PART OF AND IN CONFORMANCE WITH PROPOSAL NO. ?`- LEON E. WINTERMYER, INC. `E` Job Name Accepted by Date -?? ?'.3 (INITIALS) Submitted by Data ( /? d Accepted by Date (INITIALS ORIGINAL - SIGN & RETURN IINRIALS) 6. A sufficient number of markers able to withstand a heavy snowstorm and visable to the operator shall be placed and maintained by you. We will not be responsible for any damage to curbs, light bases, buildings, or other obstacles not clearly marked. 7. It will be the owner's responsibility to notify the contractor if salt or chemical substance material is needed. 8. Leon E. Wintermyer, Inc. will provide emergency contact list upon acceptance of contract 9. We agree to plow snow from your property in accordance with your instructions. We do not guarantee or represent that the area we plow will be entirely free of snow and or ice, only that we will plow it within the limits of the equipment. Owner will continue to be responsible to make the areas we plow safe for pedestrian and vehicle traffic, and will take whatever action is necessary to make them safe for such traffic, and will indemnify and save harmless LEON E. WINTERMYER, INC., and its officers, employees, directors, and agents( collectively "Indemnified Persons") from and against any and all actions, judgements, lawsuits, claims, damages, obligations, liabilities, costs, and expenses of any kind ( including costs and legal fees of defending or settling any such action) which such Indemnified Person may incur arising out of or caused by any injury to any person or property on owners premises related to or caused by snow, ice, water, debris upon the property. Special Provisions for All Stored Equipment 1. If any equipment is required by owners to be stored on site, there will be a twenty (20) hour minimum charge per month. This charge is for stand by only with no credit towards actual usage. Mobilization 1. All equipment not stored on site shall incur a two-hour mobilization charge. Material Surcharge 1. Due to the volatility of fuel and salt prices, our suppliers have notified us that a surcharge may be possible. In the event that we are required to pay surcharges, it will be necessary to pass additional costs on to our customers. Contracts 1. Snow removal will be scheduled based on the availability of our labor and equipment. No resources will be scheduled until a signed contract is received. THIS PAGE BECOMES ART OF AND IN CONFORMANCE WITH PROPOSAL NO. M`V LEON E. WINTERMYER, INC. ?? Job Name Accepted by Date n Submitted by Date NITU?N Accepted by Date (INITIALS) ORIGINAL - SIGN A RETURN (INITIALS) Re U p rs Q- b 1 ?,?cL-t¢ 1. GENERAL CONDITIONS 1. This proposal shall be accepted by the Owner of the premises or such other person or persons authorized to let the work to be done on said premises by signing two or more copies of this Proposal. One signed copy of the Proposal shall be retained by each party. 2. By accepting this proposal Owner warrants that he either is the sole owner of the real property on which the work is to be performed or is otherwise in fact authorized by the owner or owners of said premises to let the work to be done on said premises. 3. Except as otherwise noted, Contractor shall provide slid pay for all materials, labor, tools, water, power and other items necessary to complete the work. 4. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality and all work completed in a workmanlike manner in accordance with generally accepted practices. 5. Owner shall furnish and pay for all.necessary survey a, plats, or drawings, which clearly show boundary lines and especially information regarding location of all underground pipes, transmission lines and utilities, if any, in the vicinity of work to be per formed. Necessary easements shall be secured and paid for by Owner unless otherwise specified. Contractor shall comply with all laws and regulations hearing on the conduct of the work and shall notify the Owner if this proposal is at variance therewith. 6. Contractor shall during'his regular working hours permit observation of the work by Owner, his authorized agents, and public authorities who have a bonafide interest in the successful completion of the work. 7. Owner may order additional work to be done, however, the Contract Sum shall be adjusted accordingly: All such orders shall be in writing. and shall specify the amount of co sation to be paid to Contractor for such work and when such compensa- tion shall be paid. Before such order for additional work shall become effective, Contractor must accept in writing such order. Such additional work shall be performed under the same conditions as specified in the original Contract unless otherwise stipulated. 8. Contractor shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from the date of completion of the contract. The provisions of this article apply to work done by any subcontractor as well as to work done by direct employees of Contractor. 1 9. Should the work be stopped by any public authority, act of God, strikes, accidents or delays beyond Contractor's control, for a period of thirty days or more, through no fault of Contractor, or should the work be stopped through act or neglect of Owner for a period of seven days, or should Owner. fail to pay Contractor any payment within seven days after it is due, then Contractor upon seven days written notice to Owner, many stop work or terminate the contract and recover from Owner payment for all work executed and any loss sustained and reasonable profit and damages. 10. Payments shall be made as provided in this Proposal: The making and acceptance of the final payment shall constitute a waiver of all claims by Owner, other than those arising from unsettled liens or from faulty work appearing thereafter, as provided for in paragraph 8, and of all claims by Contractor except any previously made and still unsettled. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by Contractor to others not adjusted, or failure to make payments properly to subcontractors or for material or labor. 11. The Owner shall be responsible for and shall maintain such insurance as will, protect him from his contingent liability to others for damages because of bodily injury, including death, which may arise from operations under this contract, and any other liability for damages which Contractor may be liable. 12. Owner and Contractor agree that this proposal, if accepted by Owner, constitutes the entire agreement between them and it substitutes for and voids all previous agreements and that the agreement shall be binding upon and insure to the benefit of thier respective heirs, assigns and personal representatives. 13. If Owner defaults in the payment of monies to Contractor when due, Owner shall, in addition to other sums due Contractor under this Contract, pay Contractor interest upon the amount of monies due Contractor pursuant to such Contract at the highest rate permissible under applicable state: law together with reasonable attorney's fees and collection expenses when permitted by state law. 14. In the a enb `that jny pro?6ision of the Proposal shall be held to be invalid, the same shall not affect in any respect what soever the validity of the remainder of this Proposal. 15. Owner agrees to indemnify, hold harmless, and defend Contractor, its subsidiaries, affiliates, agents or employees from all claims, including third party claims, expenses, attorney'a fees, settlement costs and judgements arising out of or due to bodily injury, property damage or economic loss or such bodily injury, property damage or economic loss as are caused or as are the result of or alleged to be the results of any act, or omission of the Owner, his agents, and his employees. ? '. 1, VERIFICATION I John Smith (Name) General Manager (Title), a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) to Plaintiffs' Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) to Plaintiffs' Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: 6 6 Name: 0, ohn Smith, General Manager CERTIFICATE OF SERVICE AND NOW, this day of 2006, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Leon E. WintTermyer, Inc, hereby certify that I served a copy of the within Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252 (d) on this date by depositing same in the United States mail, postage prepaid in Mechanicsburg, Pennsylvania, addressed to: Stephen G. Held, Esquire Handling, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Joseph G. Muzic Nikolaus & Hohenadel, LLP 212 North Queen Street Lancaster, PA 17603 By: Gregor . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 _. ... t -} .. Y ,-i --1 i Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff GLADYS JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT : AND REED, A PARTNERSHIP, LEON : E. WINTERMYER, INC. a/k/a LEON E. : WINTERMYER COMPANY, INC., Defendants NO. 2005-6150 - CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT LEON E. WINTERMYER. INC. AND NOW, comes the Plaintiff, Gladys Johnson, in her own right, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, who answers New Matter of Defendant as follows: 52. This paragraph is one of incorporation to which no response is required. 53. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs Complaint states a cause of action upon which relief can be granted. 54. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, any work Defendant, Leon E. Wintermyer, Inc., performed in connection with the contract for the premises in question was not performed in a workmanlike manner. 55. After reasonable investigation, Plaintiffs are without sufficient information to accept or deny this averment; and as such, are denied. 56. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, deficiencies and/or defects in workmanship existed in the work performed by Answering Defendant. 57. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs injuries and damages were caused solely and directly as a result of the negligence, carelessness and recklessness of the Instant Defendants. 58. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff did not assume the risk of traversing over and into an open and obvious condition. 2 59. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff did not have notice and knowledge of the condition alleged to have caused the accident and as such did not assume the risk of any injury that could have arisen. 60. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff was not negligent and as such, any recovery by Plaintiff should not be eliminated or reduced pursuant to the Pennsylvania Comparative Negligence Act 42 Pa. C.S.A. §7102. 61. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs damages were caused solely and primarily by the carelessness, recklessness and negligence of Instant Defendants. 62. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Counts III and IV of Plaintiffs Complaint sets forth a cause of action against Defendant, Leon E. Wintermeyer Company, Inc. for breach of contract. WHEREFORE, Plaintiffs respectfully request this Court dismiss Defendant, Leon E. W intermyer, Inc.'s Answer with New Matter and direct judgment in her favor. 3 PLAINTIFF'S RESPONSE TO NEW MATTER IN THE NATURE OF A CROSS-CLAIM PURSUANT TO Pa. R.C.P. 2252 (d) 63. - 73. These paragraphs are directed to a party other than Plaintiff. As such, no response is required. Date: 34 Respectfully submitted, HANDLE HENNING ROSENBERG, LLP By: n eld, Esquire I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 4 PURSUANT TO PA R.C.P. NO. 1024 (c) STEPHEN G. HELD, ESQUIRE, states that he is the attomey for the party filing the foregoing document; that he makes this affidavit as an attorney, because the parry he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the parry for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities Date: Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD0HHRLAW.COM Attorney for Plaintiff GLADYS JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, AND SAMUEL L. REED, tld/b/a ROTHMAN, SCHUBERT AND REED, A PARTNERSHIP, LEON E. WINTERMYER, INC. a/kla LEON E. WINTERMYER COMPANY, INC., Defendants : NO. 2005-6150 - CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 3'" day of August, 2006, 1 hereby certify that I have served the within document upon Counsel of Record by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Joseph G. Muzic, Jr., Esq. NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 Gregory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP "-M cxl\A (-k- WkktA Maria Wells, Legal Secretary to Stephen G. Held, Esquire (") O Z11 C o`?^ -t; ?- TS ? ? G . ( ?`:: (7 ViiS: ' ? Qn ..ice ? .? ??'? ? 9 r`; ?C s:-fit ?? N ? N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOHNSON Vs. NO. 056150 ROTHMAN, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/02/06 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3726 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 File #: M334580 By: Theresa Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOHNSON Vs. ROTHMAN, ET AL I No. 056150 TO: STEPHEN HELD, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 09/11/06 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longmore Enc(s): Copy of subpoena(s) Counsel return card File #: M334580 JOHNSON Vs ROTHMAN, ET AL COIt4ONWEALTH OF PENNSYLVANIA COLRM OF C LP1BERIAND Fi le No. 056150 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MAC RISK MGMT, PO BOX 55840, BOSTON MA 02205-5840 TO: ATTN: CLAIMS DEPT (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 thin s XiTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS ,(ANNessl940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together wit!i the certificate of compliance, to the party making thi= 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 thi> subpoena may seek a court order ampe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE RECAST OF THE FOLLOWING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS =CAS.vER, PA 17603 TELEPHONE: SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: M334580-01 DEFENDANT DATE : C?yd - /g-. .?W& Se &l of the Court BY THE COURT : Prot ary/Cler ivil Division Deputy (Eff. 7/97) JOHNSON Vs. ROTHMAN, ET AL ADDENDUM TO SUBPOENA No. 056150 CUSTODIAN OF RECORDS FOR: MAC RISK MGMT ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: GLADYS JOHNSON ADDRESS: 1129 STATE RD DUNCANNON PA DATE OF BIRTH: 10/28/44 SSAN: XXXXX5804 CLAIM #094 0000003345/01 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ;( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or MAC RISK MGMT CUMBERLAND M334580-01 * * * SIGN AND RETURN THIS PAGE * * * r? .. ?? ? T ` ?l1 T:,? '? C y ? ?? ..r- ?}f ? ?'? : t. ?',) PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO TEE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: Q for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) GLADYS JOHNSON (check one) ® Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) VS. WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT and SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT and REED, a Partnership, and (Defendant) LEON E. WINTERMYER, INC., a/k/a LEON E. WINTERMYER COMPANY, INC. The trial list will be called on 6 - 2 - 0 9 and Trials commence on 6-29-09 Pretrials will be held on 6-10-09 (Briefs are due 5 days before pretrials No. 05-6150 Term Indicate the attorney who will try case for the parry who files this praecipe: Joseph G. Muzic, Jr., Esquire - Attorney for Defendants Rothman, 212 North Queen Street, Lancaster, PA 17603 Schubert and Reed Indicate trial counsel for other parties if known: Stephen G. Held, Esquire, 1300 Linglestown Road, Harrisburg, PA 17110 Gregory E. Cassimatis, Esq., 4999 L e Driuite 103, Mechanics- burg, PA 17055 This case is ready for trial. Date: 2-25-09 Signed: Print AttomeyWr: Defendants Rothman, Schubert and Reed .s-4wls No. 05-6150 CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe for Listing Case for Trial was sent by first- class mail, postage prepaid on the date set forth to the following: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 NIKOLAUS & HOHENADEL, LLP Joseph G. M JY., Attorney r D ndants William F. Rothman, Charl F. ubert and Samuel L. Reed, t/d/b othman, Schubert and Reed, a Partnership Date: 2-25-09 2 ?+ g ?_, 4.?y -? ?, Z ? , .:? y t :?:3 _ : f '?`+ = W ? ..>! r =? a _? ?. _ r :.? ORIGINA Joseph . Muzic, Jr., Esquire NIKOL US & HOHENADEL, LLP 212 N. ueen Street Lancast r, Pa., 17603 (717) 2 9-3726 FAX (717) 299-1811 Email: muzic@n-hlaw.com Attorne I.D.# 55919 Attorne for Defendant Rothman, Schubert & Reed Gladys ? ohnson vs. and Leon Leon i F. Rothman, Charles F. Schubert nuel L. Reed, t/d/b/a Rothman, rt and Reed, a partnership, and Wintermyer, Inc., a/k/a Wintermyer Company, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-LAW No: 05-6150 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: MA' DEF Respectfully submitted, NIKOLAUS & HOOENADEL, LLP i BY: Josefh G. Muzic, Jr. Esquire Attorney for Defendant Rothman, Schubert and Reed Date: Plaintiff Gladys Johnson YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW WITHIN TWENTY (20) DAYS OF SERVICE UPON YOU OR A T JUDGMENT MAY BE ENTERED AGAINST YOU. .?/a? 09 Joseph . Muzic, Jr., Esquire NIKOL US & HOHENADEL, LLP 212 N. ueen Street Lancast r, Pa., 17603 (717) 2 9-3726 FAX (717) 299-1811 Email: muzic@n-hlaw.com Attorne I.D.# 55919 Attorne for Defendant Rothman, Schubert & Reed Gladys ohnson vs. Willi F. Rothman, Charles F. Schubert and S uel L. Reed, t/d/b/a Rothman, Schube and Reed, a partnership, and Leon E Wintermyer, Inc., a/k/a Leon E Wintermyer Company, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-LAW No: 05-6150 JURY TRIAL DEMANDED DEFENDANTS WILLIAM F. ROTHMAN, JHARLES F. SCHUBERT and SAMUEL L. REED t/d/b/a HO RMA SCHUBERT and REED, A PARTNERSHIP, ANSWER and NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. Plaintiff is currently an inmate at Muncy State Correction Facility, Muncy, Pa. 12. Admitted. 13. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The lot in question was safe for its intended use. 7. Admitted in part and denied in part. No signs were present as the lot was safe for its intended use. Admitted in part and denied in part. It is admitted that Plaintiff alleges that she fell. The rest of the averment is denied as there is a question as to how Plaintiff fell. COUNT I-NEGLIGENCE Paragraphs one (1) through eight (8) are incorporated herein by reference as if fully set forth herein. 0. Admitted. 1. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 12. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 13. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 14. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 15. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 16. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 17. Denied. Said averment contains legal conclusions to which no responsive pleading is required. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 9. Denied. Answering Defendants are without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. RE, Defendants Rothman, Schubert and Reed respectfully request this Court to enter judgment in their favor and against Plaintiff. COUNT II-NEGLIGENCE Paragraphs one (1) through nineteen (19) are incorporated by reference as if fully set forth herein. 21-30 Said paragraphs are directed to parties other than answering Defendants. WHEREFORE, Defendants Rothman, Schubert and Reed respectfully request this Court to enter judgment in their favor and against Plaintiff. COUNT III-BREACH OF CONTRACT 31. Paragraphs one (1) through thirty (30) are incorporated by reference as if fully set forth herein. 32. Admitted. 33. Admitted. 34. Admitted. 35. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 36. Denied. The lot in question was safe for its intended use. Denied. The lot in question was safe for its intended use. [EREFORE, Defendants Rothman, Schubert and Reed respectfully request this Court to enter judgment in their favor and against Plaintiff. COUNT IV-BREACH OF CONTRACT 8. Paragraphs one (1) through thirty-seven (37) are incorporated by reference as if fully set forth herein. 9-51 Said averments are directed to parties other than answering Defendants. [EREFORE, Defendants Rothman, Schubert and Reed respectfidly request this Court to enter judgment in their favor and against Plaintiff. NEW MATTER 52. Paragraphs one (1) through fifty-one (51) are incorporated by reference as if fully set forth herein. 53. Plaintiff may have violated the applicable statue of limitations. 54. Plaintiff may have failed to state of cause of action. 55. Answering Defendants were not negligent. 56. The area where Plaintiff allegedly fell was safe for its intended use. 57. Plaintiff may have assumed the risk. 58. Plaintiff may have been contributorily negligent 59. Plaintiff was not an invitee of the answering Defendants. 60. The condition of the property that allegedly caused Plaintiff to fall was so open and obvious as to not constitute a hazard or danger. The injuries alleged to have been suffered by Plaintiff may have been caused by parties other than answering Defendants. Respectfully submitted, NIKOLAUS & HOHENADEL, LLP 4osephLG. BY: Muzic, Jr., Esquire Attorney for Defendants Rothman, Schubert and Reed Date: /1) ?/(C CERTIFICATE OF SERVICE Denise M. Farrell, an employee with the law firm of Nikolaus & Hohenadel, LLP, h4eby state that the within Answer and New Matter of Defendants Rothman, and Reed to Plaintiff s Complaint was sent by first-class mail, postage prepaid on the date set forth to the following: Stephen G. Held, Esquire Handler, Henning and Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 NIKOLAUS & HOHENADEL, LLP BY: ` ) Denise M. Farrell, Pa.C.P. Paralegal Date: ? 4 i _ IF ?s_' ??. 7-? f g'`.?..? ..? ti.gr i t ,? GLADYS JOHNSON, Plaintiff v WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT and SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT and REED, a Partnership and LEON E. WINTERMYER, INC., a/k/a LEON E. WINTERMYER COMPANY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-6150 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 2nd day of June, 2009, upon consideration of the call of the civil trial list, and upon relation of counsel for the Plaintiff, Matthew Crosby, Esquire, that this case will be referred by counsel to arbitration, it is stricken from the trial list. ---'Matthew Crosby, Esquire Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110-2838 For Plaintiff ? Joseph G. Muzic, Jr., Esquire 212 North Queen Street Lancaster, PA 17603 For Rothman, Schubert and Reed /G egory E. Cassimatis, Esquire 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 For Wintermyer Court Administrator . ma e Co.) l £S ?l 1019 By the Court, v ? ` ?. •, - -?? .rr i 4 ? ?? ?1?:--?., ::,;4 .r GLADYS JOHNSON VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. ROTHMAN, CHARLES F. NO. 05-6150 20. SCHUBERT and SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT AND REED, a Partnership, and LEON E. WINTERMYER, INC., a/k/a LEON E. WINTERMYER COMPANY, INC. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Joseph G. Muzic, Jr., Esquire counsel for the /defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ less than $25,000 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Gregory E. Cassimatis, Esquire - Attorney for Defendant Wintermyer, Inc. 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: June 11, 2009 AND NOW, Joseph G Attorney ORDER OF COURT, petition, Esq., and captioned action (or actions) as prayed for. Xc, Jr., Esq., I.D. No. 55919 Defendants Rothman, Schubert & Reed 200---, in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY No. 05-6150 CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition for Appointment of Arbitrators was sent by first-class mail, postage prepaid on the date set forth to the following: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Plaintiff's Attorney) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Defendant Wintermyer, Inc.) Date: ('0- NIKOLAUS & HOHENADEL, LLP Joseph G. Attorney) Jr., Esquire ndants William F. Rothman, Charles X. Sefiubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership 2 *a4.00 P D ATM ek-* 5&084 P.??Z(oCc,?y? 19r - GLADYS JOHNSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. WILLIAM F. ROTHMAN, CHARLES F. NO. 05-6150 20 SCHUBERT and SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT AND REED, a Partnership, and LEON E. WINTERMYER, INC., a/k/a LEON E. WINTERMYER COMPANY, INC. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Joseph G. Muzic, Jr. , Esquire-, counsel for the V/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ less than $25,000 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Gregory E. Cassimatis, Esquire - Attorney for Defendant Wintermyer, Inc. 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: June 11, 2009 petition, Esq., Joseph G. uz'c, Jr., Esq., I.D. No. 55919 Attorn f Defendants Rothman, Schubert & Reed ORDER OF CO captioned action (or actions) as prayed 200 g '' consideration of c foregoing Esq., and d _ Esq., are appo d "tors in the above B C Court, F I L60- 4D F ,? , `im 2099 JUN 17 Ph 2: 13 4-11 7101V- ES .nUc l2cc )944Y s'. HF-Ldl. J . !fit C- sS?cS A,?? 0, Stephen G. Held I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com Attorneys for Plaintiff GLADYS JOHNSON, Plaintifff V. WILLIAM F. ROTHMAN, REED ROTHMAN,SCHUBERT ROTHMAN AND LEON E. WINTERMYER, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6150 : CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT ROTHMAN, SCHUBERT AND REED AND NOW, come Plaintiff, Gladys Johnson by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP., by Stephen G. Held, Esquire and bring forth this Reply to New Matter of Defendants, Rothman, Schubert and Reed, and aver as follows: 52. This paragraph is one of incorporation to which no response is required. 53. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff has not violated the applicable statute of limitations. 54. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby .- denied. By way of amplification, Plaintiff has stated the cause of action. 55. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factually, it is hereby denied. By way of amplification, answering Defendants were negligent. 56. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, the area where Plaintiff fell was not safe for its intended use. 57. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff has not assumed the risk. 58. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff was not contributorially negligent. 59. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff was an invitee of answering Defendants. 60. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, the condition of property that caused Plaintiff to fall was not so open and obvious as to not constitute a hazard or danger. 61. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that injuries suffered by Plaintiff have been caused by parties other than answering Defendants. WHEREFORE, Plaintiff requests judgment in her favor against Defendants. Respectfully submitted, Dated: A4-0- Tr HANDLER, HENNING & ROSENBERG LLP By: Stephen . H Id I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs VERIFICATION PURSUANT TO PA R.C.P NO 1024 (c) STEPHEN G. HELD, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: Y97 QLS-4?111 STEP G. H D, ESQUIRE Stephen G. Held I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GLADYS JOHNSON, Plaintifff V. WILLIAM F. ROTHMAN, REED ROTHMAN,SCHUBERT ROTHMAN AND LEON E. WINTERMYER, INC., Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6150 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW THIS )'-7 day of 2009, 1 hereby certify that a true and correct copy of Plaintiffs Reply to New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Joseph G. Muzic, Esq. NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 Mr. Gregory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP BY: 9 St he G. eld F(LEr' . .j -:,-z 1 [LC iU UC THE ZOH JUN 18 PA 12: 3 7 I \: Stephen G. Held, Esquire I.D. #72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GLADYS JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. ROTHMAN, CHARLES : NO. 2005-6150 - CIVIL TERM F. SCHUBERT, AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT : AND REED, A PARTNERSHIP, LEON : E. WINTERMYER, INC. a/k/a LEON E. : CIVIL ACTION - LAW WINTERMYER COMPANY, INC., Defendants MOTION FOR CONTINUANCE NOW COMES Plaintiff, Gladys Johnson, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esq., and moves for a continuance as follows: 1. On or about November 30, 2005, Plaintiff, Gladys Johnson, commenced a civil action against Defendants, William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership and/or Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc., by filing a Writ of Summons in the Court of Common Pleas, Cumberland County, Pennsylvania, for injuries Plaintiff, Gladys Johnson, received from a slip and fall incident caused by the accumulation of ice and snow which was allowed to remain on the parking lot of the premises located at and known as 310 -1- South Penn Street, East Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 2. Pursuant to a Notice of Arbitration dated July 20, 2009, the above captioned matter is scheduled for arbitration commencing on September 14, 2009. 3. The moving party for said proceeding is Gladys Johnson. 4. The opposing parties are William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and Reed, a Partnership and/or Leon E. Wintermyer, Inc. a/k/a Leon E. Wintermyer Company, Inc. As of the date of this filing, Rothman, Schubert and Reed is being represented by Joseph G. Muzic, Jr., Esquire, and Leon E. Wintermyer Company, Inc., is being represented by Gregory E. Cassimatis, Esquire. 5. A continuance is requested because the Claimant in this action is currently incarcerated and will likely remain as such until after the scheduled arbitration on September 14, 2009. 6. Plaintiffs' counsel has consulted with the Plaintiff and explained the aforementioned reasons for requesting the continuance, and the Plaintiff has concurred in the motion. 7. 1 hereby certify that if a continuance is granted I will serve a copy of the order granting the continuance on all parties forthwith. -2- 8. Plaintiff and her counsel request a continuance of not less than six months generally, and/or of all specific dates included in the Order. Respectfully submitted, HANDLER, HENNI & ROSENBERG, LLP Dated: BY: qV4) Stephen G. held, Esquire I. D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -3- Stephen G. Held I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GLADYS JOHNSON, Plaintifff V. WILLIAM F. ROTHMAN, REED ROTHMAN, SCHUBERT ROTHMAN AND LEON E. WINTERMYER, INC., Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6150 CIVIL ACTION - LAW CERTIFICATE OF SERVICE - 11 AND NOW THIS day of , 2009, 1 hereby certify that a true and I V WIT F9 correct copy of Plaintiff's Motion for Continuance was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Joseph G. Muzic, Esq. NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 Mr. Gregory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP BY: Ste hen G. Held r LH9 Aijo C :3 it l 3 e- 4r4i`it ; '`3 1 y GLADYS JOHNSON, PLAINTIFF V. WILLIAM F. ROTHMAN, CHARLES F SCHUBERT, AND SAMUEL L. REED t/d/b/a ROTHMAN, SCHUBERT AND REED, a Partnership, and LEON E. WINTERMYER, INC., a/k/a LEON E. WINTERMYER COMPANY, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-6150 CIVIL TERM ORDER OF COURT AND NOW, this I t f day of September, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Marlin R. McCaleb, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, Edgar B /Marlin R. McCaleb, Esquire - Co P1, ?c «, Court Administrator - ['aCEcL ink T` sal Q?! S/ 07 OF THE :r 2099 S EP IS Al- 6= 3 6 1"'01 VA 1, Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Held@HHRLaw.com GLADYS JOHNSON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WILLIAM F. ROTHMAN, CHARLES : NO. 2005-6150 - CIVIL TERM F. SCHUBERT, AND SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT : AND REED, A PARTNERSHIP, LEON : E. WINTERMYER, INC. a/k/a LEON E. : CIVIL ACTION - LAW WINTERMYER COMPANY, INC., Defendants PRAEC/PE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above captioned matter settled and discontinued. Date: t? ? aY HANDLER HENNING & ROSENBERG By Stephen G. Held I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff Tr"TA?Y 200 C -w N- 2: 4 6