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HomeMy WebLinkAbout06-3765IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL JOHNSON, SR. 117 Liberty Drive New Oxford, Adams County, PA 17350, Plaintiff vs. WILLIAMS GROVE, INC., Vdlbla WILLIAMS GROVE AMUSEMENT PARK One Park Avenue Mechanicsburg, Cumberland County, PA 17055 and WILLIAMS GROVE AMUSEMENTS, INC. One Park Avenue Mechanicsburg, Cumberland County, PA 17055, Defendants No. 61. - 31Y6s Civil Action - Law PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass in the above case. Writ of Summons shall be issued and forwarded to Sheriff for service. Counsel for P mtiff 96 South orge Street Yo A 17401 29 Ob ( )88,52-8379 uprem Date: e Court ID Number: 35554 SUMMONS IN CIVIL ACTION TO: WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK and WILLIAMS GROVE AMUSEMENTS, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN AGAINST YOU. n Date: ju,-)r 30l a.061. 77 tom] C Lon POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MICHAEL JOHNSON, SR. Plaintiff, V. WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, WILLIAMS GROVE AMUSEMENTS, INC. Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3765 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, Williams Grove Amusements, Inc., in the above-captioned matter. Defendants demand a Jury Trial. POST & SCHELL, P.C. By: Paul W. Grego Attorney for Defendants CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Gary D. Martz, Esquire MARTZ & GAILEY 96 South George Street Suite 430 York, PA 17401 To Gam- 1 SANDRA MORALES DATE: 2 0 -2- R. t t. ._I C._ ., 4, POST & SCHELL, P.C. BY: PAUL W.GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MICHAEL JOHNSON, SR. Plaintiff, V. WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, WILLIAMS GROVE AMUSEMENTS, INC. Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3765 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, P.C. By: Paul W. Grego Attorney for Defendants RULE TO FILE COMPLAINT AND NOW, this 31 day of 2006, a Rule is hereby granted upon Plaintiff to file a Complaint herein ithin twenty (20) days after service hereof oz suffer entry of Judgment of Non Pros. Prot( notary CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing I document upon the following person(s) at the following address(es) by sending same in the l United States mail, first-class, postage prepaid: Gary D. Martz, Esquire MARTZ & GAILEY 96 South George Street Suite 430 York, PA 17401 C w" SANDRA MORALES DATE: 2 g 6 -2- ?i C'. - - `- - ? _ ? ._, r..? - ?.; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth against you 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 default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants AVISO Usted Ha Sido Demandado en la corte. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o par cualiquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants PLAINTIFF'S COMPLAINT 1. Plaintiff, Michael Johnson, Sr., is an adult individual residing at 117 Liberty Drive, New Oxford, Adams County, Pennsylvania 17350. 2. Defendant, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park., is a corporation authorized to conduct business in the Commonwealth of Pennsylvania and/or doing business in the Commonwealth of Pennsylvania with offices and/or a principal place of business located at One Park Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Williams Grove Amusements, Inc., is a corporation authorized to conduct business in the Commonwealth of Pennsylvania and/or doing business in the Commonwealth of Pennsylvania with offices and/or a principal place of business located at One Park Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On August 7, 2004 and at all times relevant hereto, Defendant(s) owned and/or was in exclusive custody, possession, and control of the real property and improvements thereon located at One Park Avenue, Mechanicsburg, Cumberland County, Pennsylvania, known as Williams Grove Amusement Park, including covered 3 picnic pavilions and walkways throughout said amusement park, and/or was responsible for the maintenance and care of said real property and improvements thereon including the grounds, walkways, and picnic pavilions. 5. On August 7, 2004, Plaintiff was a business invitee of Defendant(s) and was attending a company picnic hosted by his employer, Harley Davidson, Inc., which company picnic was being held in two (2) adjacent covered pavilions which were separated by areas of ground and grass and a paved walkway that ran parallel to said covered pavilions. Because of Plaintiff's activities associated with said company picnic at both picnic pavilions, Plaintiff was required to walk back and forth between said pavilions and across the ground, grass, and paved walkway separating said pavilions described above. While the surface of said paved walkway was even or relatively even with the adjacent ground for much of the section of paved walkway between the pavilions, unbeknownst to Plaintiff at the time of the subject incident the surface of the paved walkway was raised above the surrounding ground at other areas of said walkway. 6. On August 7, 2004 Plaintiff was walking between the two (2) pavilions when he caught his foot or otherwise tripped and fell as a result of a dangerously uneven difference in elevation between the surface of the paved walkway and the surrounding ground, resulting in injuries and damages to Plaintiff as described hereinafter. Color photocopies of photographs showing the dangerous condition of Defendant(s)' business property which caused the subject incident and the area where Plaintiff fell are attached hereto and marked Exhibit "A". 4 7. Plaintiff believes and therefore avers that the dangerous condition of Defendant(s)' business property which caused the subject incident and Plaintiff's resulting injuries and damages consisted of, but is not limited to: (a) sections of the blacktop paved walkway running between and parallel to the picnic pavilions which were dangerously uneven with the adjacent ground and which were an impediment to safe travel by business invitees of Defendant(s)' business property walking between the picnic pavillions, including Plaintiff, with a reasonably foreseeable risk of injury and harm to business invitees of said property, including Plaintiff; and (b) no signs or other visual or verbal warning(s) alerting business invitees, including Plaintiff, of said sections of blacktop paved walkway which were dangerously uneven with the surrounding adjacent ground. 8. Said incident and the resulting injuries and damages to Plaintiff were caused solely by the negligence and carelessness of Defendant(s) as hereinafter set forth and were due in no manner whatsoever to any negligent or careless act or failure to act on the part of Plaintiff. 9. Defendant(s) created and/or allowed the existence of the dangerous condition of Defendant(s)' business property described above, which dangerous condition was an impediment for safe travel by business invitees of Defendant(s) walking between the covered picnic pavillions, including Plaintiff, and which dangerous condition consisted of sections of the blacktop paved walkway which were dangerously uneven with the adjacent surrounding ground, with no warning sign(s) or other visual or verbal warning(s) posted alerting business invitees of the dangerous condition, when it was reasonably foreseeable to Defendant(s) that business invitees, including Plaintiff, would 5 walk from one picnic pavilion to the other and cross the paved walkway in an area where the walkway was dangerously uneven with the surrounding adjacent ground but would not appreciate or realize the danger or be able to protect themselves from the dangerous condition, and when it was reasonably foreseeable to Defendant(s) that an incident and injuries such as the subject incident and injuries could occur as a result of said dangerous condition. 10. Plaintiff believes and avers that the dangerous condition described above of Defendant(s)' business property which caused Plaintiff to fall was created by Defendant(s) and/or was present for a sufficient period of time prior to the subject incident for Defendant(s) to have discovered the dangerous condition and to have properly remedied, improved, corrected, or otherwise made safe the dangerous condition or warned business invitees, including Plaintiff, of the dangerous condition so that business invitees such as Plaintiff could safely traverse this common area of Defendant(s)' business property, but that Defendant(s) failed to properly remedy, improve, correct, or make safe the dangerous condition or warn business invitees, including Plaintiff, of the dangerous condition prior to Plaintiff's fall in spite of the opportunity to do so, resulting in the subject incident and Plaintiff's resulting injuries and damages. 11. Defendant(s) knew or in the exercise of reasonable care should have known that business invitees, including Plaintiff, walking in the area between the picnic pavillions located on Defendant(s)' business property described above would not in the exercise of reasonable care for their own safety discover the dangerous condition of the property described above or appreciate or realize the danger or would be unable to protect themselves from the dangerous condition and that it was reasonably foreseeable 6 that an incident and injuries such as the subject incident and injuries could occur as a result of the dangerous condition. 12. At the time of the subject incident, Plaintiff exercised reasonable care of an ordinarily prudent person for his own safety, but in the exercise of reasonable care was unaware of the dangerous condition of Defendant(s)' business property described above, did not appreciate or realize the danger, and/or was unable to protect himself from the dangerous condition when he fell as a result of the dangerous condition of Defendant(s)' business property described above, resulting in Plaintiff's injuries and damages as described hereinafter. 13. At the time of and prior to the subject incident, Defendant(s) knew or in the exercise of reasonable care should have known of the dangerous condition of Defendant(s)' business property described above, and Defendant(s) knew or should have known that the dangerous condition involved an unreasonable impediment to safe travel by business invitees of Defendant(s), including Plaintiff, walking in the area between the picnic pavillions on Defendant(s)' business property and that in the exercise of reasonable care for their own safety business invitees, including Plaintiff, walking in the area between said picnic pavillions on Defendant(s)' property would not discover the dangerous condition of Defendant(s)' business property described above or realize or appreciate the danger or would not be able to protect themselves against the dangerous condition, and that it was reasonably foreseeable that an incident such as the subject incident and injuries could occur as a result of the dangerous condition, but Defendant(s) failed to repair, correct, or otherwise make safe the dangerous condition or warn business invitees, including Plaintiff, of the dangerous condition in spite of the opportunity to do so prior to the subject incident, resulting in the subject incident and 7 Plaintiff's resulting injuries and damages as described hereinafter. 14. Solely as a result of said incident and the negligence and carelessness of Defendant(s), Plaintiff suffered personal injuries including, but not limited to, the following: fractures of the fourth and fifth metacarpals on his left hand, injury to his left wrist and arm resulting in left carpal tunnel release surgery, and symptoms associated with these injuries. 15. Solely as a result of said incident and the injuries suffered by Plaintiff therein, Plaintiff has been forced to incur medical expenses in treatment of the injuries which he suffered in said incident, and Plaintiff will or may continue to incur medical expenses in the future treatment of his injuries. 16. Solely as a result of said incident and the injuries suffered by Plaintiff therein, Plaintiff has suffered and in the future will or may continue to suffer a loss of earnings and impairment of his earning capacity. 17. As a further result of said incident and the injuries suffered by Plaintiff therein, Plaintiff has suffered and in the future will or may continue to suffer from mental and physical pain and suffering, scarring and disfigurement, a loss of enjoyment of life, embarrassment, humiliation, and a limitation in his pursuit of his usual and customary daily activities, all to his great loss and detriment. 18. Plaintiff received workers' compensation indemnity and medical benefits from his employer, Harley Davidson, Inc., and/or its workers' compensation insurance carrier as a result of injuries sustained in the subject incident, for which workers' compensation benefits paid Harley Davidson, Inc. and/or its workers' compensation carrier have a subrogation lien recoverable in this action. 8 19. This matter is alleged to exceed the applicable limits of arbitration and a jury trial is hereby demanded. COUNTI MICHAEL JOHNSON, SR. v. WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK 20. Paragraphs one through nineteen (1 - 19) of this Complaint are incorporated herein by reference thereto. 21. On August 7, 2004 and at all times relevant hereto, Defendant, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, acted through its duly authorized agents, servants, and/or employees. 22. Said incident and the resulting injuries and damages to Plaintiff were caused solely by the negligence and carelessness of Defendant, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, and were due in no manner whatsoever to any act or failure to act on the part of Plaintiff. 23. The negligence and carelessness of Defendant, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, consisted of, but is not limited to, the following: a) Failure to keep its business property described above and the common areas thereof for use by all business invitees of Defendant(s), including the paved walkways and area between its covered picnic pavillions, in a reasonably safe condition for use by business invitees, including Plaintiff; b) Failure to remove, correct, remedy, or make safe the dangerous condition of the subject business property described above when Defendant knew or in the exercise of reasonable care should have 9 known of the dangerous condition a sufficient period of time prior to this incident for Defendant to have removed, corrected, remedied, or otherwise made safe the dangerous condition, when Defendant knew or should have known that Plaintiff, in the exercise of reasonable care of his own safety, would not discover the dangerous condition prior to his fall, realize or appreciate the danger, or would be unable to protect himself against the dangerous condition, and when it was reasonably foreseeable that an incident and injuries such as the subject incident and injuries could result from the dangerous condition; C) Failure to warn Plaintiff of the dangerous condition of the subject business property described above when Defendant knew or in the exercise of reasonable care should have known of the dangerous condition of the property a sufficient period of time prior to this incident for Defendant to have warned Plaintiff, when Defendant knew or should have known that Plaintiff, in the exercise of reasonable care for his own safety, would not discover the dangerous condition prior to his fall or would fail to realize the danger, and when it was reasonably foreseeable that an incident and injuries such as the subject incident and injuries could result from the dangerous condition; d) Failure to timely and/or adequately inspect the business property described above for dangerous conditions of the common areas of said business property for use by all business invitees, including 10 Plaintiff; e) Negligence and carelessness at law; and f) Being otherwise negligent and careless under the circumstances and as discovery may reveal. WHEREFORE, Plaintiff Michael Johnson, Sr. respectfully requests this Honorable Court to enter judgment against Defendant, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, in an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. COUNT II MICHAEL JOHNSON, SR. v. WILLIAMS GROVE AMUSEMENTS, INC. 24. Paragraphs one through nineteen (1 - 19) of this Complaint are incorporated herein by reference thereto. 25. On August 7, 2004 and at all times relevant hereto, Defendant, Williams Grove Amusements, Inc. acted through its duly authorized agents, servants, and/or employees. 26. Said incident and the resulting injuries and damages to Plaintiff were caused solely by the negligence and carelessness of Defendant, Williams Grove Amusements, Inc. and were due in no manner whatsoever to any act or failure to act on the part of Plaintiff. 27. The negligence and carelessness of Defendant, Williams Grove Amusements, Inc. consisted of, but is not limited to, the following: a) Failure to keep its business property described above and the common areas thereof for use by all business invitees of Defendant(s), including the paved walkways and area between its 11 covered picnic pavillions, in a reasonably safe condition for use by business invitees, including Plaintiff; b) Failure to remove, correct, remedy, or make safe the dangerous condition of the subject business property described above when Defendant knew or in the exercise of reasonable care should have known of the dangerous condition a sufficient period of time prior to this incident for Defendant to have removed, corrected, remedied, or otherwise made safe the dangerous condition, when Defendant knew or should have known that Plaintiff, in the exercise of reasonable care of his own safety, would not discover the dangerous condition prior to his fall, realize or appreciate the danger, or would be unable to protect himself against the dangerous condition, and when it was reasonably foreseeable that an incident and injuries such as the subject incident and injuries could result from the dangerous condition; C) Failure to warn Plaintiff of the dangerous condition of the subject business property described above when Defendant knew or in the exercise of reasonable care should have known of the dangerous condition of the property a sufficient period of time prior to this incident for Defendant to have warned Plaintiff, when Defendant knew or should have known that Plaintiff, in the exercise of reasonable care for his own safety, would not discover the dangerous condition prior to his fall or would fail to realize the danger, and when it was reasonably foreseeable that an incident 12 and injuries such as the subject incident and injuries could result from the dangerous condition; d) Failure to timely and/or adequately inspect the business property described above for dangerous conditions of the common areas of said business property for use by all business invitees, including Plaintiff; e) Negligence and carelessness at law; and f) Being otherwise negligent and careless under the circumstances and as discovery may reveal. WHEREFORE, Plaintiff Michael ,Johnson, Sr. respectfully requests this Honorable Court to enter judgment against Defendant, Williams Grove Amusements, Inc. in an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. Date: ?/e Respectfully submitted, Gary D. M Esquire Martz ailey LLP Cod el for Plaintiff 96 outh George Street, Suite 430 Y rk, PA 17401 (717) 852-8379 Supreme Court ID Number: 35554 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. : No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants VERIFICATION I, Gary D. Martz, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief, upon information supplied and that Plaintiff's signature could not be obtained within the time required for the filing of this pleading. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: q 11/0 By. Gary D. Ma , Esquire Martz & iley LLP Couns for Plaintiff 96 George Street, Suite 430 Yor , PA 17401 (717) 852-8379 I.D. No. 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants CERTIFICATE OF SERVICE I hereby certify that I have this Ud?day of , 2006, served a true and correct copy of the foregoing Complaint by placing a copy in the United States First Class Mail, directed to the office address of the following: Paul Grego, Esquire Post & Schell, PC 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 By: l? / Gary D. Mart squire Martz & G ' ey LLP Couns or Plaintiff 96S . eorge Street, Suite 430 Yor , PA 17401 (717) 852-8379 I.D. No. 35554 ?X??y'k ? i` ? : ?l _-t r. ,J 5? ?? ? ' ?a? , S ?'' ?-ti„ -,. 6J :% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT` PENNSYLVANIA MICHAEL JOHNSON SR. Plaintiff vs. : No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached Verification signed by Plaintiff Michael Johnson, Sr. for the Verification of Gary D. Martz, Esquire, regarding Plaintiff's Complaint in he above-captioned case. Respectfully submitted!, By: Date: Gary D. Martz quire Martz & 9wailty, LLP Cou for Plaintiff 9 outh George Street uite 430 iYork, PA 17401 717-852-8379 ID# 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. : No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties 'of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: I l1 ?? ,? M hael Johns n Sr. ?,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants CERTIFICATE OF SE VIC I hereby certify that I have this L d y of 4006, served is true and /' 4?4 correct copy of the foregoing Praecipe to Substi a Verification by placing a dopy in the United States First Class Mail, directed to the office address of the following: Paul Grego, Esquire Post & Schell, PC 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 By: Gary D. Mart , squire Martz & i ey LLP Cou for Plaintiff 9 George Street, Suite 430 ork, PA 17401 (717) 852-8379 I.D. No. 35554 SHERIFF'S RETURN - REGULAR •CAS5,'NO: 2006-03765 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON MICHAEL SR VS WILLIAMS GROVE INC ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WILLIAMS GROVE INC T/D/B/A WILLIAMS GROVE AMUSEMENT PARK the DEFENDANT at 1531:00 HOURS, on the 7th day of July , 2006 at ONE PARK AVENUE MECHANICSBURG, PA 17055 LAURA PORTALE, SECRETARY by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 7.92 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 35.92,/ 07/10/2006 7 zr. O? MARTZ & GAILEY Sworn and Subscibed to By: ?2 ;?4 before me this day Dep ty Sheriff of , A.D. SHERIFF'S RETURN - REGULAR ,CAS? NO: 2006-03765 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON MICHAEL SR VS WILLIAMS GROVE INC ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WILLIAMS GROVE AMUSEMENTS INC the DEFENDANT , at 1531:00 HOURS, on the 7th day of July , 2006 at ONE PARK AVENUE MECHANICSBURG, PA 17055 by handing to LAURA PORTALE, SECRETARY, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00,,/ 07/10/2006 ylgo6 MARTZ & GAILEY Sworn and Subscibed to By: T ??7 2- X r , , before me this day Depu y Sheriff of A.D. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 MC behalf of PAUL W . GRE E •, SQ Attorney for DEFENDANT R1.18 133-H DE11-0649652 34135-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0341714 34135-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC. MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER R1.15S 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. vs. WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WAYNE H SENFT D O (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grog Inc 1601 Market Street, Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO, ES ADDRESS: 1857 WILLIAM PENT P.O. BOX 10248 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: i Prothono Div' ivision Deputy Date: Seal of the Court 34135-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WAYNE H. SENFT, D.O. 212 THIRD STREET HANOVER, PA 17331 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC STUDIES, ER RECORDS AND OPERATIVE REPORTS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642962 34135-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22-'!` IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL JOHNSON SR. TERM, CUMBERLAND -VS- CASE NO: 06-3765 WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 MCS -- n behalf of ?P' ]AREV 4E?V/ Attorney for DEFEND R1.18 133-H DE11-0649653 34135-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -vS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ) TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GRECO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0341714 34135-COl LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 Rl.1SS 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. vs. WILLIAMS GROVE, INC.,T/DB/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 - TO: Custodian of Records for STEVEN K GROFF M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following - documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc., 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO, ESQ ADDRESS: 1857 WILLIAM PENN WAY TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OURT: BY T Prot onotary/Cler tvil lision Date: -"j Deputy P9- Seal of the Court 34135-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR STEVEN K. GROFF, M.D. 908 SOUTH GEORGE STREET KDV ORTHOPAEDICS YORK, PA 17403 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC STUDIES, ER RECORDS AND OPERATIVE REPORTS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642964 34135-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK s i.. ! s .? a 6. w COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 MC beha%lff PAU GREC30 ES Q Attorney for DEFENDANT R1.18 133-H DE11-0649654 34135-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0341714 34135-COl >>> LOCATION LIST <<< PAGE: 1 I LOCATION NAME RECORDS REQUESTED WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER R1-15S 133-H DE02-0341714 34135-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. File No. 06-3765 VS. WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HANOVER GENERAL HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at _ The MCS Groun, Inc.. 1601 Market Street Suite 800, P ilad is PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO, ES ADDRESS: 1857 WTI,T,TAM PFNN LANCASTER. PA 1760 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T COURT: L 19 Pro onotary /CI ivPvision P,?'j j Deputy Date: QD (?, Seal of the Court 34135-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HANOVER GENERAL HOSPITAL MEDICAL RECORDS 300 HIGHLAND AVENUE HANOVER, PA 17331 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING ER RECORDS AND OPERATIVE REPORTS Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642966 34135-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22( f tF l IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL JOHNSON SR. TERM, CUMBERLAND -VS- CASE NO: 06-3765 WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 M? C beh f?//o f p W GREGO ES Q Attorney for DEFENDANT R1.18 133-H DE11-0649655 34135-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -vS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 'R1.15S 133-H DE02-0341714 34135-CO1 LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 ' R1.15S 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. File No. 06-3765 vs. WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ANOVER HOSPITAL - (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** - - at The MCS Group Inc.- 1601 Market Street. Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ES ADDRESS: 1$57 WILLIAM PENT LANCASTER. PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY Aonotary/Cler URT: Prot 16D sion 'a- - Date: Deputy Seal of the Court 34135-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HANOVER HOSPITAL RADIOLOGY DEPT. 300 HIGHLAND AVE. HANOVER. PA 17332 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC STUDIES AND FILMS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: 217-40-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642968 34135-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 ?4?on behalf of )AU L ESQ. Attorney for DEFENDANT R1.18 133-H DE11-0649656 34135-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations I TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 JR1.15S 133-H DE02-0341714 34135-CO1 LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC. JR1.15S 133-H >>> LOCATION LIST <<< RECORDS REOUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 DE02-0341714 34135-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. VS. WILLIAMS GROVE, INC.,T/DB/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HANOVER GENERAL HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC4 Troip_ Inc._ 1601 Market Street, Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ES ADDRESS: 1857 WILLIAM PENN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Ann& Seal of the Court BY COURT: Prothonotary/Cl ivil sion Deputy 34135-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HANOVER GENERAL HOSPITAL BILLING DEPARTMENT 300 HIGHLAND AVENUE HANOVER, PA 17331 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent - invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation,'diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642970 34135-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 / 1 e IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL JOHNSON SR. TERM, CUMBERLAND -VS- CASE NO: 06-3765 WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK As a prerequisite•to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 n behalf oi.J PA . GRV30,_ ESQ. Attorney for DEFENDANT R1.18 133-H 'DE11-0649657 34135-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 IR1.15S 133-H DE02-0341714 34135-COl LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC R1.15S 133-H >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. VS. WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHERRY TREE REHAB - (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 ATTACHE RIDER **** at The MCS Gmup Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ES ADDRESS: 1857 WILLIAM PENT TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prot notary/Clerk, ' ision Deputy -Slrr?- Date: T Seal of the Court 34135-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHERRY TREE REHAB 785 CHERRY TREE COURT HANOVER, PA 17331 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC STUDIES AND FILMS, ER RECORDS AND OPERATIVE REPORTS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642972 34135-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK ` k 1 d COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 MC ?n behalf ? of f n / , Attorney for DEFENDANT R1.18 133-H DE11-0649658 34135-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 IR1.15S 133-H DE02-0341714 34135-COl >>> LOCATION LIST <<< PAGE: 1 I LOCATION NAME RECORDS REQUESTED WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC. MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER R1.15S 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. vs. WILLIAMS GROVE, INC.,T/DB/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MEMORIAL HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun, Inc 1601 Market Street. Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ESQ. ADDRESS: 1857 3KLLLA.M PENN WAY P.O. BOX 10248 --LANCASTER. PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: -? Seal of the Court BY THE OURT: Proth otary/Cler , ion Deputy 1atlS-n7 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MEMORIAL HOSPITAL INDUSTRIAL RESOURCE CTR. 1784 4TH AVENUE YORK, PA 17403 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC STUDIES AND FILMS, ER RECORDS AND OPERATIVE REPORTS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642974 34135-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 /pbehalf ?of F'sG0 ESQ . GR Attorney for DEFENDANT R1.18 133-H DE11-0649659 34135-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -vS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 1R1.15S 133-H DE02-0341714 34135-COl LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC »> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 ' R1.15S 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. vs. WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _FRANCIS X. KILKELLY. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groin, Inc.. 1601 Market Street. Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20).days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ESO. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER. PA 17605 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: P-49 1-2, A0,L r Seal of the Court BY THE COURT: Protho otary/Clerk, Divi n Deputy 34135-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FRANCIS X. KILKELLY, M.D. 207 BLOOMING GROVE RD. HANOVER, PA 17331 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC STUDIES AND FILMS. ER RECORDS AND OPERTIVE REPORTS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642976 34135-L08 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 ?1 n behalf of?j? al PV 'R T.' G k ESQAttorney for DEFENDANT R1.18 133-H DE11-0649660 34135-LO9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0341714 34135-COI >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED WAYNE H. SENFT, D.O. MEDICAL, BILLING, AND X- RAY(S) STEVEN K. GROFF, M.D. MEDICAL, BILLING, AND X- RAY(S) HANOVER GENERAL HOSPITAL MEDICAL RECORDS HANOVER HOSPITAL X-RAY ONLY HANOVER GENERAL HOSPITAL BILLING ONLY CHERRY TREE REHAB MEDICAL, BILLING, AND X- RAY(S) MEMORIAL HOSPITAL MEDICAL, BILLING, AND X- RAY(S) FRANCIS X. KILKELLY, M.D.. MEDICAL, BILLING, AND X- RAY(S) HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY HOLY SPIRIT HOSPITAL BILLING ONLY YORK HOSPITAL MEDICAL RECORDS YORK HOSPITAL X-RAY ONLY YORK HOSPITAL BILLING ONLY BUTERA, MORITZ & HOFFMAN,ASSC. OTHER R1.15S 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. vs. WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** - at The MCS Group. Inc., 1601 Market Street Suite 800 Philadelphia. PA 19103 - You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ESO. ADDRESS: 1857 WILLIAM PENN WAY.- P.O. BOX 10248 LANCASTER PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro onotary/Cle i r-Divvision Sl -.4- Deputy Date: T - Seat of the Court 34135-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING ER RECORDS AND OPERATIVE REPORTS Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: 217-40-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642978 34135-LO9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 b eh GREG. Atto rney for DEFENDANT R1.18 133-H DE11-0649661 34135-L10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact ¦ R1.15S 133-H MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0341714 34135-COl LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC R1.15S 133-H >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 DE02-0341714 34135-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. vs. File No. 06-3765 WILLIAMS GROVE, INC.,T/DB/A WILLIAMS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for__ _ HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group, Inc., 1601 Market Street. Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO, ES ADDRESS: 1857 WILLIAM PFXN LANCASTER. PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Proth otary/Clerk, Div' ion Date: Deputy Seal of the Court 34135-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC STUDIES AND FILMS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642980 34135-L10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK f r COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 behal?f/ of PAUL W. GR GO, ESQ. b Attorney for DEFENDANT R1.18 133-H DE11-0649662 34135-Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: GARY D. MARTZ, ESQ.,.PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0341714 34135-CO1 LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 ' R1.15S 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. VS. File No. 06-3765 WILLIAMS GROVE, INC.,T/DB/A WILLIAMS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street. ui 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena., together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ESO. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: "Qr -1 121 aLe-?' Seal of the Court BY THE COURT: Proth notary/Clerk, vision Deputy 141115-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HOLY SPIRIT HOSPITAL BILLING DEPT. 503 N. 21ST STREET CAMPHILL, PA 17011 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642982 34135-Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK r COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 beha?l(/f?/pf ??P?EGO for DEFENDANT ey E R1.18 133-H DE11-0649663 34135-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -vS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ) TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact R1.15S 133-H MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0341714 34135-COl >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED PAGE: 1 WAYNE H. SENFT, D.O. MEDICAL, BILLING, AND X-RAY(S) STEVEN K. GROFF, M.D. MEDICAL, BILLING, AND X-RAY(S) HANOVER GENERAL HOSPITAL MEDICAL RECORDS HANOVER HOSPITAL X-RAY ONLY HANOVER GENERAL HOSPITAL BILLING ONLY CHERRY TREE REHAB MEDICAL, BILLING, AND X-RAY(S) MEMORIAL HOSPITAL MEDICAL, BILLING, AND X-RAY(S) FRANCIS X. KILKELLY, M.D. MEDICAL, BILLING, AND X-RAY(S) HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY HOLY SPIRIT HOSPITAL BILLING ONLY YORK HOSPITAL MEDICAL RECORDS YORK HOSPITAL X-RAY ONLY YORK HOSPITAL BILLING ONLY BUTERA, MORITZ & HOFFMAN,ASSC. OTHER JR1.15S 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. vs. WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groin, Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ES ADDRESS: 1857 WILLIAM PENN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: g4'. f Seal of the Court BY 'flF COURT: Prot onotary/Clerk, sion Deputy 34135-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR YORK HOSPITAL MEDICAL RECORDS DEPT. 1001 S. GEORGE ST. YORK, PA 17405 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING ER REOCORDS AND OPERATIVE REPORTS Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: 217-40-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642984 34135-L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22; 6 fa?4U ??-1? IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL JOHNSON SR. TERM, CUMBERLAND -VS- CASE NO: 06-3765 WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 %CIrr behalf of Attorney for DEFENDANT R1.18 133-H DE11-0649664 34135-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact R1.15S 133-H MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0341714 34135-COl LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC R1.15S 133-H >>> LOCATION LIST <<< PAGE: 1 RECORDS MEDICAL, BILLING, MEDICAL, BILLING, MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, MEDICAL, BILLING, MEDICAL, BILLING, MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. File No. 06-3765 VS. WILLIAMS GROVE, INC.,T/DB/A WILLIAMS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group- Inc.. 1601 Market Street, Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO, ES ADDRESS: 1857 WILLIAM PENN TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Prot notary/Cl ivi vision Date: -?Jjc 2 Deputy Seal of the Court 34135-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YORK HOSPITAL RADIOLOGY DEPARTMENT 1001 S. GEORGE ST. YORK. PA 17405 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC STUDIES AND FILMS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: 217-40-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642986 34135-L13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 MC behalf of P GR ? ??L j ESQ. Attorney for DEFENDANT R1.18 133-H DE11-0649665 34135-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact R1.15S 133-H MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0341714 34135-COl LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC R1.15S 133-H >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, -BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. VS. WILLIAMS GROVE, INC.,T/DB/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO. ES ADDRESS: 1857 WILLIAM PENN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY HE OURT: Prot notary/Cl , ivil t sion Deputy 34135-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YORK HOSPITAL BILLING DEPARTMENT 1004 S. GEORGE ST. YORK, PA 17405 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642988 34135-L14 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-3765 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 ehal f of C? ? ?n b(GREVG?,Q?? /PAUD/J Attorney for DEFENDANT R1.18 133-H DE11-0649666 34135-L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL JOHNSON SR. -VS- WILLIAMS GROVE, INC.,T/D/B/A WILLIAMS GROVE AMUSEMENT PARK COURT OF COMMON PLEAS TERM, CASE NO: 06-3765 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: GARY D. MARTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered-at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: PAUL W. GREGO, ESQ. - 1196/130046 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 IR1.15S 133-H DE02-0341714 34135-COl LOCATION NAME WAYNE H. SENFT, D.O. STEVEN K. GROFF, M.D. HANOVER GENERAL HOSPITAL HANOVER HOSPITAL HANOVER GENERAL HOSPITAL CHERRY TREE REHAB MEMORIAL HOSPITAL FRANCIS X. KILKELLY, M.D. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL YORK HOSPITAL YORK HOSPITAL YORK HOSPITAL BUTERA, MORITZ & HOFFMAN,ASSC >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS X-RAY ONLY BILLING ONLY MEDICAL RECORDS X-RAY ONLY BILLING ONLY OTHER PAGE: 1 R1.15S 133-H DE02-0341714 34135-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL JOHNSON SR. vs. WILLIAMS GROVE, INC.,T/DB/A WILLIAMS File No. 06-3765 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BUTERA, MORITZ & HOFFMAN.ASSC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS rot}p. Inc.. 1601 Market Street, i 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PAUL W. GREGO, ES ADDRESS: 1857 WILLIAM PENN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY TH OURT: Prot otary/Clerk, C' on Deputy 34135-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BUTERA, MORITZ & HOFFMAN,ASSC. 2239 S. GEORGE STREET YORK, PA 17403 RE: 34135 MICHAEL L JOHNSON SR. Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS Subject : MICHAEL L JOHNSON SR. 117 LIBERTY DRIVE, NEW OXFORD, PA 17350 Social Security #: XXX-XX-2861 Date of Birth: 02-17-1943 R1.15S 133-H SU10-0642990 34135-L15 _ t-? >7 f??" .. , ... i Cs -ii .n _ <`3? `i -i:z :? c? POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MICHAEL JOHNSON, SR. Plaintiff, V. WILLIAMS GROVE, INC., t/d/b/a WTI'T IAA M GROVE _PvILTSEMENT PAl`tIL, WILLIAMS GROVE AMUSEMENTS, INC. Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3765 JURY TRIAL DEMANDED STIPULATION NOW INTO COURT, through undersigned counsel, come the parties, who hereby stipulate and agree that the allegations of paragraph 23(e) and (f) and 27(e) and (f), be and are hereby deleted from the Complaint, with prejudice. Dated: v /'// /'e ? MARTZ & GAILEY Dated: G By: Attorney fop*laintiff POST & SeNELL, P.C. By: Paul W. Grego Attorney for Defendants C d -vta - C > ril =7: rTl -ij t7 D3 C3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants CERTIFICATE OF SERVICE I hereby certify that I have this,?(Q j ?ay of 2006, served a true and correct copy of the foregoing Plaintiffs Response to Defendants' Request for Production of Documents by placing a copy in the United States First Class Mail, directed to the office address of the following: Paul Grego, Esquire Post & Schell, PC 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Respectfully submitted, Gary D. Martz, quire Martz & Gail LLP Counsel f Plaintiff 96 So George Street, Suite 430 Yor , PA 17401 (7, ) 852-8379 Supreme Court ID Number: 35554 3 ? ?"`' ? t -? ?? ? ? ? ?` ? ...5 t '?f } >iJ ` = ?.?y ?Y _ ._ V? ? 1 ? ? C.?== IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants CERTIFICATE OF SERVICE 4411- 1 hereby certify that I have this day of , 2006, served a true and correct copy of the foregoing Answers to Defendants' Interrogatories by placing a copy in the United States First Class Mail, directed to the office address of the following: Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 By: / Gary D. Ma squire MF ley LLP CPlaintiff 96 e Street, Suite 430 , 401 (717) 852-837 9 I.D. No. 35554 C7 c? ! ZI POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MICHAEL JOHNSON, SR. Plaintiff, V. WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, WILLIAMS GROVE AMUSEMENTS, INC. Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3765 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ALL PARTIES YOU ARE HEREBY NOTIFIED to plead to the within New Matter and within twenty (20) days of service thereof or a default may be entered against you. POST & SCHELL, P.C. By: LAA4::?u Pa W. Grego Attorney for Defendants Ud, POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 MICHAEL JOHNSON, SR. Plaintiff, V. WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, and WILLIAMS GROVE AMUSEMENTS, INC. Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3765 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS NOW INTO COURT, through undersigned counsel, come the Defendants, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, and Williams Grove Amusements, Inc., who, in answer to the Complaint of the Plaintiff, respectfully represent that: 1. Defendants, pursuant to Pennsylvania Rules of Civil Procedure 1029(e), hereby generally deny the allegations of the Complaint, except to admit the allegations of paragraphs 2 and 3, and to deny paragraph 4 as stated. Although Defendants did own the real property in question, its "custody, possession, and control" is disputed as the grounds were being used by Plaintiff's employer for a company picnic. For the same reasons, the allegations of paragraphs 21 and 25 are denied as stated. WHEREFORE, Defendants, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, and Williams Grove Amusements, Inc., pray that the Complaint be dismissed, at the cost of the Plaintiff. NEW MATTER 2. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 3. The applicable Statute of Limitations may have expired prior to the institution of this action. 4. Answering Defendants were not negligent. 5. Any acts or omission of answering Defendants alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or) losses alleged by the Plaintiff. 6. The incident and/or damages described in Plaintiff Complaint may have been caused or contributed to by the Plaintiff. 7. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 8. The Plaintiff may have assumed the risk. The Plaintiff may have been contributorily negligent. The incident, injuries and/or damages alleged to have been sustained by the were not proximately caused by answering Defendants. 9. Plaintiff may not have properly mitigated his damages. 10. Defendants desire, and are entitled to, a trial by jury. -2- WHEREFORE, defendants, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, and Williams Grove Amusements, Inc., pray that the Complaint be dismissed, at the cost the Plaintiff. POST & SCHELL, P.C. By: a141A?'?o Paul W. Grego Attorney for Defendants -3- . I I RE: Johnson v. Williams Grove, Inc., et al VERIFICATION I HEREBY VERIFY that the statements made by Defendants, Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, and Williams Grove Amusements, Inc., and are contained in the within Answer and New Matter of Defendants to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I certify that I am a duly authorized representative of Williams Grove, Inc., t/d/b/a Williams Grove Amusement Park, and Williams Grove Amusements, Inc. and as such, am authorized to make this Verification on its behalf. all BY: .1 6. J '-?t Willia s Grove, Inc. t/d/b/a Williams Grove Amusement Park Sally Loh, Office Manager DATE: /a/as/a? -4- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Gary D. Martz, Esquire MARTZ & GAILEY 96 South George Street Suite 430 York, PA 17401 SANDRA MORALES DATE: -5- tea - u? --? ,t:.. _ _ _ ` _'r' S. ?.?? t,J ? , ,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff VS. : No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants PLAINTIFF'S REPLY TO NEW MATTER 2. Denied. It is denied that Plaintiff may have failed to state a cause of action upon which relief can be granted. On the contrary, Plaintiff has specifically pled a cause of action against Defendants in his Complaint in this case for a dangerous condition of Defendant(s)' property and negligence and carelessness of Defendant(s) in the maintenance and care of said property resulting in the subject incident and Plaintiff's resulting injuries and damages. The pertinent allegations of Plaintiffs Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 3. Denied. It is denied that the applicable statute of limitations may have expired prior to the initiation of this action. On the contrary, Plaintiff initiated the subject action by filing a Praecipe for Writ of Summons with the Cumberland County Prothonotary on June 30, 2006, which is within the applicable statute of limitations of two (2) years from the date of the subject incident of August 7, 2004, which Summons was then timely and properly served upon Defendants. Then following the issuance of a Rule to File Complaint issued by the Cumberland County Prothonotary at Defendants' request, Plaintiff timely filed and served upon Defendants' counsel his Complaint in this case. Strict proof of Defendants' allegation is demanded at trial. 4. Denied. It is denied that answering Defendants were not negligent. On the contrary, Plaintiff believes and avers that Defendants were negligent and careless resulting in the subject incident and Plaintiff's resulting injuries and damages, which allegations of negligence and carelessness on the part of Defendants are fully set forth in Plaintiff's Complaint and which allegations are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 5. Denied. It is denied that any acts or omissions of answering Defendants constituting negligence and carelessness were not substantial causes or factors of the subject incident and/or did not result in Plaintiff's injuries, damages, and losses. On the contrary, the negligence and carelessness of Defendant(s) was a proximate cause or substantial factor in causing the subject incident and Plaintiff's resulting injuries and damages. The pertinent allegations of Plaintiff's Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 6. Denied. It is denied that the subject incident and/or Plaintiff's resulting injuries and damages may have been caused by or contributed to by Plaintiff. On the contrary, Plaintiff was using reasonable care of an ordinarily prudent person under the circumstances at the time of the subject incident and was not in any way careless or negligent in the occurrence of the subject incident and his resulting injuries and damages; rather, said incident and Plaintiff's resulting injuries and damages were caused solely by the negligence and carelessness of Defendant(s). The pertinent allegations of Plaintiff's Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 2 7. Denied. It is denied that negligent acts or omissions of other individuals or entities may have constituted intervening superseding causes of the subject incident or Plaintiff's resulting injuries and damages. On the contrary, Plaintiff believes and avers that said incident and his resulting injuries and damages were caused solely by the negligence and carelessness of Defendant(s) and were not caused or contributed to by any negligent acts or omissions of any other persons or entities. The pertinent allegations of Plaintiffs Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 8. Denied. It is denied that Plaintiff may have assumed the risk of the subject incident or his resulting injuries and damages. On the contrary, Plaintiff was exercising reasonable care of an ordinarily prudent person under the circumstances at the time of the subject incident but was not aware of the dangerous condition of the property or Defendant(s)' negligence and carelessness resulting in the subject incident and his resulting injuries and damages and was also not aware of the extent of injuries and damages which he would suffer as a result of the dangerous condition and Defendant(s)' negligence and carelessness. As set forth above, it is further denied that Plaintiff was in any way negligent or careless in the occurrence of the subject incident or that the negligence and carelessness of Defendant(s) was not a proximate cause or substantial factor in causing the subject incident and Plaintiffs resulting injuries and damages. By way of further answer Plaintiff incorporates herein by reference thereto his answers to paragraphs 4 and 5 above and the pertinent allegations of Plaintiff's Complaint. Strict proof of Defendants' allegation is demanded at trial. 9. Denied. It is denied that Plaintiff may not have properly mitigated his damages. On the contrary, Plaintiff exercised reasonable care of an ordinarily prudent 3 person under the circumstances in attempting to mitigate his injuries and damages resulting from the subject incident and Defendant(s)' negligence and carelessness in causing the subject incident and his resulting injuries and damages. Strict proof of Defendants' allegation is demanded at trial. 10. Admitted. WHEREFORE, Plaintiff Michael Johnson, Sr. respectfully requests this Honorable Court to dismiss and deny Defendants' New Matter and enter judgment against Defendants and in favor of Plaintiff as requested in Plaintiff's Complaint. Respectfully submitted, By: Date: Gary D. Martz, E uire Martz & Gaile LP Counsel fo laintiff 96 Sou George Street, Suite 430 YodVP A 17401 (71 852-8379 Supreme Court ID Number: 35554 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. : No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants VERIFICATION I, Gary D. Martz, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing Plaintiff's Reply to New Matter are true and correct to the best of my knowledge, information and belief, upon information supplied and that Plaintiff's signature could not be obtained within the time required for the filing of this pleading. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: 1 By: 7ryD. tz, Esquire ey LLP Plaintiff e Street, Suite 43 0 401 (717) 852-8379 I.D. No. 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff VS. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants CERTIFICATE O SERVICE I hereby certify that I have this day of , 2006, served a true and correct copy of the foregoing Plaintiff's Reply to New Matter by placing a copy in the United States First Class Mail, directed to the office address of the following: Paul W. Grego, Esquire Post & Schell, PC 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Respectfully submitted, Gary D. Martz quire Martz & G ' y LLP Counse r Plaintiff 916S h George Street, Suite 430 Yo , PA 17401 ( 17) 852-8379 ID Number: 35554 n ,.,, -- f ?-, ? - ? Y. r? ?; ._._ ._,?, ,-r. -c`- ?-; ?> v ____ ? -= _ ? :? ?`_? :? ? -?? IN THE COURT OF COM MICHAEL JOHNSON, SR. Plaintiff vs. WILLIAMS GROVE, INC., t/d/b/a GROVE AMUSEMENT PARK an WILLIAMS GROVE AMUSEMEN Defendants N TO: Defendants Williams G Park and Williams Grol Paul Grego, Esquire Please take notice that pu the deposition of a rep Williams Grove Amusement above-captioned action, upon for use at trial or for both pu This deposition will take place George Street, Suite 430, Y Wednesday, January 31, 2007 )N PLEAS OF CUMBERLAND COUNTY, =NNSYLVANIA No. 06-3765 ILLIAMS Civil Action - Law INC. ve, Inc., t/d/b/a Williams Grove Amusement Amusements, Inc. and their attorney, to Pa.R.C.P. No. 4407.1, Plaintiff will take s) of Defendants, Williams Grove, Inc., t/d/b/a and Williams Grove Amusements, Inc., in the examination, for the purpose of discovery or , before a person authorized to render an oath. the office of Martz & Gailey, LLP, 96 South PA 17401 beginning at 10:00 a.m. on all matters not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action and that the above-name is required to appear at the aforesaid time and place and submit to examination under oath. The above-named is requested to bring all records, letters, docui memoranda, photographs, or any other matter or thing not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action. The court reporting servic s will be provided by Attorney Martz's office. Respectfully submitted, Gary D. Martz squire Counsel fo laintiff 96 So George Street Sui 430 rk, PA 17401 717) 852-8379 Supreme Court ID Number: 35554 Date: /??> O? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK a d WILLIAMS GROVE AMUSEME TS, INC. Defendants No. 06-3765 Civil Action - Law I hereby certify that I have thi ?Ad`ay of , 2006, served a true and correct copy of the foregoing Notice of Deposition by placing a copy in the United States First Class Mail, directed to the office address of the following: Pa I W. Grego, Esquire ost & Schell, P.C. 18 7 William Penn Way PO Box 10248 Lanc ster, PA 17605-0248 By: Gary D. Martz squire Martz & G y LLP Counse or Plaintiff 96 S. eorge Street, Suite 430 Yor , PA 17401 (71 ) 852-8379 I.D. No. 35554 cm ?` y C-3 C. N r T1'! C.n N ? y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. : No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached Verification signed by Plaintiff Michael Johnson, Sr. for the Verification of Gary D. Martz, Esquire, regarding Plaintiffs Reply to New Matter in the above-captioned case. Respectfully submitted, Date: P' By: Gary D. Ma squire Martz & . ey, LLP Coun for Plaintiff 96 outh George Street ite 430 ork, PA 17401 717-852-8379 I D# 35554 RECEIVED NOV 1 5 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. : No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants VERIFICATION I verify that the foregoing facts in the Plaintiffs Reply to New Matter are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 3 Date: / icha I Johns r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS : GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants CERTIFICATE OF SERVICE Zl? 20061 served a true and I hereby certify that I have this 'day of correct copy of the foregoing Praecipe to Substitute Verification regarding Plaintiffs Reply to New Matter by placing a copy in the United States First Class Mail, directed to the office address of the following: Paul Grego, Esquire Post & Schell, PC 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 By: Gary D. Ma squire Martz & iley LLP Coun I for Plaintiff 96 George Street, Suite 430 Y rk, PA 17401 ( 17) 852-8379 I.D. No. 35554 C71, C:l ril IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JOHNSON, SR. Plaintiff vs. No. 06-3765 WILLIAMS GROVE, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK and : Civil Action - Law WILLIAMS GROVE AMUSEMENTS, INC. Defendants ; PRAECIPE FOR DISCONTINUANCE WITH PREJUDICE To the Prothonotary: ( X ) Please mark the above captioned action as discontinued with prejudice. Please issue a Certificate of Discontinuance evidencing the same. OR ( ) Please mark the above captioned judgment or lien settled or satisfied. Gary D. Ma squire Attorney f laintiff 96 So George Street Sui 430 Yo k, PA 17401 (717) 852-8379 Dated: .? G I. D.#35554 I, Lno Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylv ia, do hereby acknowledge that the above-mentioned case was Discontinued with Prejudice and ended on the 154' day of Quo f 2007. ' In witness whereof I have hereunto set my hand and seal of said Court this I3? day of 200_!t_. Prothonotary C> N - C ° n -V ? . ? " ? cry r .. ? ? ,., rn r