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HomeMy WebLinkAbout02-2854 . ' GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire J.D. 64483 The Commons at Valley Forge Suite 22, Box 987 Valley Forge, P A 19482 (610)933-3333 Attorney for Plaintiffs GREGORY TRAYER and F AITH TRAYER, h/w 371 Trayer Lane Carlisle, P A 17013 : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs : NO. O~ - ;}~L/ CIU'lC-TSA.~ vs BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE 3800 Lisburn Road Mechanicsburg, P A 17055 and DONALD W. MULLEN and : CIVIL MATTER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM : AKA JERRY STROM 823 Newville Road Carlisle, P A 17013 Defendants PRAECIPE TO FILE WRIT OF SUMMONS PROTHONOTARY: Kindly issue a Summons in the above captioned matter. GRAHAM & MAUER, P.C. By: M. Graham, Esquire for Plaintiffs GRAHAM & MAUER, p,c, Date: June 7, 2002 . SHERIFF'S RETURN - REGULAR CASE NO: 2002-02854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRAYER GREGORY ET AL VS BLACK FORREST ENTERPRISES ETAL JASON VI ORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BLACK FORREST ENTERPRISES INC T/A MULLENS FIRESIDE INN the DEFENDANT , at 1305:00 HOURS, on the 14th day of June , 2002 at 3800 LISBURN ROAD MECHANICSBURG, PA 17055 by handing to RANDAL BROWN, FORMER OWNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 So Answers: r~-~t:~ R. Thomas Kline 06/18/2002 GRAHAM & MAUER Sworn and Subscribed to before By: ~ me this -< <I se- day of ~1-",-,--, ;2{}-o;V A.D. ~/h 0 /n,}A,. A1~r I Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-02854 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND TRAYER GREGORY ET AL VS BLACK FORREST ENTERPRISES ETAL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MULLEN DONALD W the DEFENDANT , at 1137:00 HOURS, on the 17th day of June , 2002 at 823 NEWVILLE ROAD CARLISLE, PA 17013 by handing to GLORIA MULLEN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.45 .00 10.00 .00 19.45 r~~-<:~ R. Thomas Kline 06/18/2002 GRAHAM & MAUER Sworn and Subscribed to before By: '~y ite~tf ) me this J. <f ~ day of ~ ;LIW.L A.D. l);~,. () n"H,,, ItfA1J P othonotary , SHERIFF'S RETURN - REGULAR CASE NO, 2002-02854 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND TRAYER GREGORY ET AL VS BLACK FORREST ENTERPRISES ETAL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MULLEN GLORIA L the DEFENDANT , at 1137:00 HOURS, on the 17th day of June , 2002 at 823 NEWVILLE ROAD CARLISLE, PA 17013 by handing to GLORIA MULLEN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers, 6.00 .00 .00 10.00 .00 16.00 r~~r'<:~ R. Thomas Kline 06/18/2002 GRAHAM & MAUER Sworn and Subscribed to before By: ~ ~J- j eputlt1Bheriff me this ~ 'f ~ day of ~ J.JJ-rJ.L A.D. ~~ Q )w"P,.- ,$1i P othonotary SHERIFF'S RETURN - REGULAR CASE NO, 2002-02854 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND TRAYER GREGORY ET AL VS BLACK FORREST ENTERPRISES ETAL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MULLEN KATHRYN the DEFENDANT , at 1137:00 HOURS, on the 17th day of June , 2002 at 823 NEWVILLE ROAD CARLISLE, PA 17013 by handing to GLORIA MULLEN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: .r~-/<:~ R. Thomas Kline 06/18/2002 GRAHAM & MAUER Sworn and Subscribed to before By: D~ifl;L J me this .1-'/ '& day of 9,,,. JII.fJ;1._ A.D. (}'!f?'- 0 /1,,{ip,.,.~ rothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-02854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRAYER GREGORY ET AL VS BLACK FORREST ENTERPRISES ETAL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DEFENDANT STROME JERRY AKA JERRY STROHM AKA JERRY STROM the , at 1137:00 HOURS, on the l2!E day of June , 2002 at 823 NEWVILLE ROAD CARLISLE, PA 17013 by handing to GLORIA MULLEN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs, Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~~ R. Thomas Kline 06/18/2002 GRAHAM & MAUER Sworn and Subscribed to before me this J. 'f I5i day of ~I" .1 {}OJ.., A.D. q,t' (). Jy"jPhJ, ~ P othonotary By: ~ lAJ.- j Deputy S riff i,;:;i~;""o\i;,ti!;'d; "~'. .. -, ~I 0 0 N -," '- :.:1 c:: 1'::1 ;2! :;;z: ~.~ 'DIE '" -,'-. <') ! e '::,0 ~ -0 ;;L+t ;:;8 :x ")0 ~ 2m ~ ~ N ~ -.l ;<i,: GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire I.D. 64483 The Commons at Valley Forge Suite 22, Box 987 Valley Forge, P A 19482 (610)933-3333 Attorney for Plaintiffs GREGORY lRA YER and F AllH lRA YER, h/w 371 Trayer Lane Carlisle, P A 17013 : IN TIIE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs vs : NO. O:l. - ;) ~Stf ell.he'Tuu; BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE 3800 Lisbum Road Mechanicsburg, P A 17055 and DONALD W. MULLEN and : CIVIL MATTER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM : AKA JERRY STROM 823 Newville Road Carlisle, P A 17013 Defendants WRIT OF SUMMONS TO: Black Forrest Enteprises, Inc., t/a Mullen's Fireside Inn, t/a Mullen's Fireside, t/a Fireside, and Donald W. Mullen and Gloria Mullen and Kathryn Mullen and Jerry Strome, aka Jerry Strohm, aka Jerry Strom You are notified that Plaintiffs have commenced a civil action against you which you are required to defend. (Court Seal) Prothonotary of Cumber! ty GRAHAM & MAUER, P,C, '-. ~D P. 7rC?~ Deputy - ~ i9 (::'l 9.~ i9. ~ ~ ~ ~ '~~ ~. ~ ~ 9 & Br (;"'~ -v l ~ p:~ '" ~ !f d, GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire I.D. 64483 The Commons at Valley Forge Suite 22, Box 987 ValleyForge,PA 19482 (610)933-3333 Attorney for Plaintiffs GREGORY lRA YER and F AIm lRA YER, h/w 371 Trayer Lane Carlisle, PA 17013 : IN TIIE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs : NO. ~ -d'6Stf C,"u~C~ vs BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE, T/A FIRESIDE 3800 Lisbum Road Mechanicsburg, PA 17055 and DONALD W. MULLEN and : CIVIL MATTER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM : AKA JERRY STROM 823 Newville Road Carlisle, P A 17013 Defendants PRAECIPE TO ENTER APPEARANCE PRomONOTARY: Kindly enter the appearance of Ronald M. Graham, Esquire, as counsel for Plaintiffs. GRAHAM & MAUER, P.C. By: , Esquire P aintiffs GRAHAM & MAUER, p.c, Date: June 7, 2002 ---~--""'-""--'-"--~'~-.-----" "--'~' ~ c::> 0 N -n '- --I !g c:: -r:, 11!: ~n::n '-O~ -Ii N :n ~Z (.) r: CI -0 1-+1 ~(") -~ !~B s>2 ~ orn ~ N ~ (XI '< "',""";;:';':!<d'';.koml,,,'" ~ ,~ , GREGORY TRAYER and F AITH TRAYER, h/w Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE : NO. 02-2854 and DONALD W. MULLEN and GLORIA L. MULLEN and : CIVIL MATTER - LAW KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Jeffrey T. McGuire, Esquire and Brett M. Woodburn, Esquire, on behalf of Defendants in the above-captioned matter reserving Defendants' objection to original service of process. By: L & KEARNS ~ . McGuire, Esquire tt yI.D.#73617 Brett M. W oodbum, Esquire Attorney I.D. #81786 3631 North Front Street Harrisburg, PAl 711 0 (717) 232-7661 Dated: ~!J t)! () ~ CERTIFICATE OF SERVICE AND NOW, this~ay of ~ ~ A- , 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ronald M. Graham, Esquire Graham & Mauer, P.c. The Commons at Valley Forge Suite 22, Box 987 Valley Forge, P A 19482 CALDWELL & KEARNS By CLl.~ J ~ 01-44/44868 . o c.: <'::': va; mrrl ~C! (,i)~ -<..: r:::CJ )>c' ~{~) L_ Z =< o 1'0 :n rr1 " I (....1..) o '-n 'liP u'GJ , , .;0 .'~; ;. ..'" -:.....~ '"'-:~,:;: C) t")rn -='1 "'" :iJ -< -(1 ~ ....;.'t.. N .. ''0 \,.0 GREGORY TRAYER and F AITH TRAYER, h/w Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE : NO. 02-2854 and DONALD W. MULLEN and GLORIA L. MULLEN and : CIVIL MATTER - LAW KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM RULE To: Gregory Trayer and Faith Trayer c/o Ronald M. Graham, Esquire The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service hereof, or judgment of non pros will be entered against you. -LL~') k.~ Prothonotary 4 Dated: 9/J/O~ GREGORY TRAYER and F AITH TRAYER, h/w Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. BLACK FORREST ENTERPRISES, INe. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE : NO. 02-2854 and DONALD W. MULLEN and GLORIA L. MULLEN and : CIVIL MATTER - LAW KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM PRAECIPE TO ISSUE RULE TO FILE COMPLAINT TO: CUMBERLAND COUNTY PROTHONOTARY Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of service of said Rule, or suffer judgment of non pros. CALDWELL & KEARNS Dated: C? /;0/0;) By: J tt ey J.D. #73627 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 ~ 01-44/44869 (') 0 (') C i'V -'n S V> -OCT:! r" ~. cpr):' " , 01-- _.~- I " ' zc . . ~"'-c; (....... ~i;::) "'0 -- p- .-e:'';' <.. ) ZL"" ):>u N ;'co-:,ni C ~ 'i""0 S5 .0 -< GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire LD.64483 The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 (610)933-3333 GREGORY TRAYER and FAITH TRAYER, h/w Attorney for Plaintiffs : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs : NO. 02-2854 vs BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and : CIVIL MA ITER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM : AKA JERRY STROM Defendants NOTICE TO DEFEND You have been sued in Court, If you wish 10 defend against the claims set forth in the following pages, you must lake action within twenty (20) days after this Complainl and nolice are served, by enlering a written appearance personally or by attorney and filing in writing with the court your defenses or objeclions 10 the claims set forth against you, You are warned that if you fail to do so the case may proceed withoul you and a judgmenl may be enlered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requesled 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 TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, ADVlSO Le han demanado a usted en la corte, Si uSled quiere defenderse de eslas demandas expueslas en las paginas siguientes, usled tiene veinte (20) dias de plazo aI partir de la fecha de la demanda y la nolificacion, Hace falla asentllf una com parencia escrila 0 en persona 0 con un abogado y entregar a la corte en fonna escrila sus defensas 0 sus objectiones a las demandas en contra de su persona. Sea avisado que si usled no se defiende, la corte tomara medidas y puede continuar la demanda en contra suy. sin previo aviso 0 notificacion, Ademas, la corte puede decidir a favor del demandanle y requiere que usted cumpla con lodas las provisiones de esta demanda, Usted puede perder dinero 0 sus propiedadc:s u otros derenchos importanleS para usled, LLEVE ESTA DEMANDA A UN ABOOADO INMEDIATAMENTE, SI NO TIENE ABOOADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA YA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINAA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGlJIR ASISTENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone: 717-249-3166 GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire I.D.64483 The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs GREGORY TRAYER and FAITH TRAYER, h/w : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs vs : NO. 02-2854 CIVIL TERM BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE 3800 Lisburn Road Mechanicsburg, P A 17055 and DONALD W. MULLEN and : CIVIL MATTER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM 823 Newville Road Carlisle, P A 17013 Defendants COMPLAINT AND NOW, come the Plaintiffs, Gregory Trayer and Faith Trayer, husband and wife, by their attorney Ronald M. Graham, Esquire, and for their Complaint aver as follows: 1. At all times material hereto, Plaintiffs Gregory Trayer and Faith Trayer, husband and wife, were citizens of the Commonwealth of Pennsylvania, residing at 371 Trayer Lane, Carlisle, Cumberland County, Pennsylvania 17013. GRAHAM & MAUER, P,C, 2. On information and belief, at all times material hereto, Defendant Black Forrest Enterprises, Inc., tJa Mullen's Fireside Inn, tJa Mullen's Fireside, tJa Fireside herinafter Black Forrest, was a corporation duly authorized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania with a corporate address at 3800 Lisbum Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On information and belief, at all times material hereto, Defendant Donald W. Mullen was a director, officer, employee, agent and/or servant of Defendant Black Forrest with a business address at 823 Newville Road, Cumberland County, Carlisle, Pennsylvania17013. 4. On information and belief, at all times material hereto, Defendant Gloria L. Mullen was a director, officer, employee, agent and/or slervant of Defendant Black Forrest with a business address at 823 Newville Road, Cumberland County, Carlisle, Pennsylvania I 70 13. 5. On information and belief, at all times material hereto, Defendant Kathryn Mullen was a director, officer, employee, agent and/or servant of Defendant Black Forrest with a business address at 823 Newville Road, Cumberhmd County, Carlisle, Pennsylvania 1 7013. 6. On information and belief, at all times material hereto, Defendant Jerry Strome, a.k.a. Jerry Strohm, a.k.a. Jerry Strom, herinafter Strome, was a director, officer, employee, agent and/or servant of Defendant Black Forrest with a business address at 823 Newville Road, Cumberland County, Carlisle, Pennsylvania17013. 7. At all times material hereto, Defendant Black Forrest acted or failed to act through it directors, officers, agents, servants and/or employees, acting for Defendant GRAHAM & MAUER, PC, Black Forrest's benefit, under Defendant's control and within the course and scope of their authority and/or employment. 8. At all times material hereto, Defendant Black Forrest owned and/or operated the restaurant and bar known as Mullen's Fireside Inn and/or Mullen's Fireside and/or Fireside located at 823 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 9. At all times material hereto, Defendant Black Forrest was a licensee of the Pennsylvania Liquor Control Board and engaged in the sale and service of alcoholic beverages to patrons for consumption on Defendant Black Forrest's premises. 10. On or about July 28,2000, at or about 8:00 p.m., Plaintiff Gregory Trayer entered the restaurant and bar owned and/or operated by Defendant Black Forrest located at 823 Newville Road, Carlisle, Cumberland County, Pennsylvania with his wife Plaintiff Faith Trayer and remained there until at or about 9:40 p.m. 11. While Plaintiffs Gregory and Faith Trayer were in the restaurant and bar owned and/or operated by Defendant Black Forrest, Defi~ndant Black Forrest wrongfully and unlawfully sold or furnished liquor and/or brewed beverages to Plaintiff Gregory Trayer when he was visibly intoxicated, in violation of Pennsylvania Liquor Control Code 47 Pa C.S.A. ~4-493 et sec. 12. At or about 9:40 p.m. on said date, Plaintiffs Gregory and Faith Trayer left the restaurant and bar owned and/or operated by Defendant Black Forrest in their car operated by Plaintiff Faith Trayer. 13. While a passenger in the car operated by Plaintiff Faith Trayer, Plaintiff Gregory Trayer fell from the right front passenger seat of said car onto the highway GRAHAM & MAUER, PC, causing multiple and severe injuries to Plaintiff Gregory Trayer including but not necessarily limited to multiple abrasions to both forearms, right thigh, left buttock, hip, knees, right ankle and nose, fractured right ankle, fractured right knee, anterior cruciate ligament avulsion, medial collateral ligament tear, medial malleolar fracture, partial loss of function of the right knee and right ankle, reduced range of motion, loss of sensation, weakness, instability, scarring, disfigurement, and chronic pain. 14. The accident described herein occurred at or about 9:45 p.m. on said date while Plaintiff Gregory Trayer was still intoxicated from the beverages served to him by Defendant Black Forrest. 15. As a direct and proximate result of the afofl~said accident, Plaintiff Gregory Trayer has suffered serious bodily injuries which are pelmanent in nature, have caused him in the past and will cause him in the future great pain and suffering, emotional distress, disfigurement, humiliation, inconvenience and loss oflife's pleasures. 16. As a direct and proximate result of the aforementioned incident and resulting injuries and/or damages, Plaintiff Gregory Trayer suffered and/or may suffer shock and injury to his nerves and nervous system. 17. As a direct and proximate result of the afon:mentioned incident and resulting injuries and/or damages, Plaintiff Gregory Trayer has been in the past and may continue to be in the future unable to attend to his usual habits, customs and vocation. 18. As a direct and proximate result of the afon:mentioned incident and resulting injuries and/or damages, Plaintiff Gregory Trayer has suffered, continues to suffer and may, in the future, suffer a loss of earnings and/or earning capacity. 19. As a direct and proximate result of the aforementioned incident and resulting GRAHAM & MAUER. P,C, injuries and/or damages Plaintiff Gregory Trayer has bet~n compelled and in the future may be compelled to expend monies for medical aids, medicines and/or similar medical and/or medically related instrumentalities, modalities, tmatments, care and surgeries. 20. The accident described herein and the resulting injuries and damages were the direct and proximate result of Plaintiff Gregory TraY1er's impairment due to intoxication and were directly and proximately caused by the negligence, gross negligence, negligence per se, and unlawful conduct of Defendants Black Forrest, Donald W. Mullen, Gloria L. Mullen, Kathryn Mullen and/or Jerry Strome in serving alcoholic beverages to Plaintiff Gregory Trayer as set forth herein. COUNT I - NEGLIGENCE. NEGLIGENCE PER SE AND GROSS NEGLIGENCE GREGORYTRAYERvsBLACKFORREST 21. Paragraphs I through 20 are incorporated herein by reference as if set forth at length herein. 22. Defendant Black Forrest's negligence, carell~ssness, gross negligence, negligence per se and/or unlawful conduct consisted of the following: a. Selling, serving and/or furnishing liquor and/or brewed beverages to Plaintiff Gregory Trayer which were in fact consumed within the restaurant and bar owned and/or operated by Defendant Black Forrest when Plaintiff Gregory Trayer was visibly intoxicated; b. Failure to properly train and/or supervise Defendant Black Forrest's directors, officers, employees, servants and/or agents so as to prevent them from selling, serving and/or furnishing liquor and/or brewed beverages to invitees who were visibly intoxicated, induding Plaintiff Gregory Trayer; c. Failure to conform to the requirements of Pennsylvania's liquor code including 47 Pa. C.S.A ~4-493 et sec. which were enacted to protect persons situated as Plaintiff Gregory Trayer from the particular harm Plaintiff Gregory Trayer suffered. d. Encouraging the sale, service and/OR furnishing of liquor and/or brewed beverages to invitees including Plaintiff Gregory Trayer who were visibly GRAHAM 1> MAUER. P,C, intoxicated; e. Failing to warn Plaintiff Gregory Trayer that he was visibly intoxicated and should not continue to consume alcoholic beverages; f. Failing to warn Plaintiff Faith Trayer that Plaintiff Gregory Trayer was visibly intoxicated and had been negligently and unlawfully served alcoholic beverages in the restaurant and bar owned and/or operated by Defendant Black Forrest; g. Failing to properly assist Plaintiff Gregory Trayer in arriving at a place of safety after departing its restaurant and bar when Defendant Black Forrest knew or should have known that such assistance was required; h. Failing to recognize the signs of visible intoxication demonstrated by Plaintiff Gregory Trayer while within the: restaurant and bar owned and/or operated by Defendant Black Forrest prior to and during his consumption of alcoholic beverages sold, served or provided to him by Defendant Black Forrest; 1. Failing to warn Plaintiffs Gregory and Faith Trayer that Plaintiff Gregory Trayer was unfit to be in or about a motor vehicle as a result of his extreme impairment due to intoxication c:aused by the negligent, careless and unlawful sale and/or service of alcoholic beverages to Plaintiff Gregory Trayer by Defendant Black FOITiest; J. Failing to notify authorities including the police of the hazards presented to Plaintiff Gregory Trayer as a result of the negligent and unlawful conduct of Defendant Black Forrest; k. Violating the statutes and other laws of the Commonwealth of Pennsylvania regarding the service of alcoholic beverages to visibly intoxicated persons. WHEREFORE, Plaintiff Gregory Trayer demands judgment in his favor and against Defendant Black Forrest in an amount which exc:eeds the jurisdictional amount requiring arbitration by local rules, plus interests, costs, attorney fees and such other relief as the law may allow. GRAHAM &. MAUER, P,C, . ' COUNT II - NEGLIGENCE. NEGLIGENCE PER SE. AND GROSS NEGLIGENCE GREGORY TRAYER vs DONALD W. MULLEN 23. Paragraphs 1 through 22 are incorporated herein by reference as if set forth at length herein. 24. Defendant Donald W. Mullen's negligence, carelessness, gross negligence, negligence per se and/or unlawful conduct consisted oflhe following: a. Selling, serving and/or furnishing liquor and/or brewed beverages to Plaintiff Gregory Trayer which were in fact consumed within the restaurant and bar owned and/or operated by Defendant Black Forrest when Plaintiff Gregory Trayer was visibly intoxicated; b. Failure to properly train and/or supervise Defendant Black Forrest's directors, officers, employees, servants and/or agents so as to prevent them from selling, serving and/or furnishing liquor and/or brewed beverages to invitees who were visibly intoxicated, induding Plaintiff Gregory Trayer; c. Failure to conform to the requirements of Pennsylvania's liquor code including 47 Pa. C.S.A ~4-493 et sec. which were enacted to protect persons situated as Plaintiff Gregory Trayer from the particular harm Plaintiff Gregory Trayer sufferd; d. Encouraging the sale, service and/or furnishing ofliquor and/or brewed beverages to invitees including Plaintiff Gregory Trayer who were visibly intoxicated; e. Failing to warn Plaintiff Gregory Trayer that he was visibly intoxicated and should not continue to consume alcoholic beverages; f. Failing to warn Plaintiff Faith Trayer that Plaintiff Gregory Trayer was visibly intoxicated and had been negligently and unlawfully served alcoholic beverages in the restaurant and bar owned and/or operated by Defendant Black Forrest; g. Failing to properly assist Plaintiff Gregory Trayer in arriving at a place of safety after departing its restaurant and bar when Defendant Black Forrest knew or should have known that such assistance was required; h. Failing to recognize the signs of visible intoxication demonstrated by Plaintiff Gregory Trayer while within the restaurant and bar owned and/or GRAHAM & MAUER. P,C, operated by Defendant Black Forrest prior to and during his consumption of alcoholic beverages sold, served or provided to him by Defendant Black Forrest; 1. Failing to warn Plaintiffs Gregory and Faith Trayer that Plaintiff Gregory Trayer was unfit to be in or about a motor vehicle as a result of his extreme impairment due to intoxication caused by the negligent, careless and unlawful sale and/or service of alcoholic beverages to Plaintiff Gregory Trayer by Defendant Black Forrest; J. Failing to notify authorities including the police of the hazards presented to Plaintiff Gregory Trayer as a result of the negligent and unlawful conduct of Defendant Black Forrest; k. Violating the statutes and other laws ofthe Commonwealth of Pennsylvania regarding the service of alcoholic beverages to visibly intoxicated persons. WHEREFORE, Plaintiff Gregory Trayer demands judgment in his favor and against Defendant Donald W. Mullen in an amount whi<:h exceeds the jurisdictional amount requiring arbitration by local rules, plus interests, costs, attorney fees and such other relief as the law may allow. COUNT III - NEGLIGENCE. NEGLIGENCE PER SE. AND GROSS NEGLIGENCE GREGORY TRAYER vs GLORIA L. MULLEN 25. Paragraphs 1 through 24 are incorporated herein by reference as if set forth at length herein. 26. Defendant Gloria L. Mullen's negligence, carelessness, gross negligence, negligence per se and unlawful conduct consisted of the following: a. Selling, serving and/or furnishing liquor and/or brewed beverages to Plaintiff Gregory Trayer which were in fact consumed within the restaurant and bar owned and/or operated by Defendant Black Forrest when Plaintiff Gregory Trayer was visibly intoxicated; b. Failure to properly train and/or supervise Defendant Black Forrest's directors, officers, employees, servants and/or agents so as to prevent them GRAHAM & MAUER, PC, from selling, serving and/or furnishing liquor and/or brewed beverages to invitees who were visibly intoxicated, induding Plaintiff Gregory Trayer; c. Failure to conform to the requirements of Pennsylvania's liquor code including 47 Pa. C.S.A ~4-493 et sec. which were enacted to protect persons situated as Plaintiff Gregory Trayer from the particular harm Plaintiff Gregory Trayer suffered; d. Encouraging the sale, service and/or furnishing of liquor and/or brewed beverages to invitees including Plaintiff Gregory Trayer who were visibly intoxicated; e. Failing to warn Plaintiff Gregory Trayer that he was visibly intoxicated and should not continue to consume alcoholic beverages; f. Failing to warn Plaintiff Faith Trayer that Plaintiff Gregory Trayer was visibly intoxicated and had been negligently and unlawfully served alcoholic beverages in the restaurant and bar owned and/or operated by Defendant Black Forrest; g. Failing to properly assist Plaintiff GregOlY Trayer in arriving at a place of safety after departing its restaurant and bar when Defendant Black Forrest knew or should have known that such assistance was required; h. Failing to recognize the signs of visible intoxication demonstrated by Plaintiff Gregory Trayer while within the: restaurant and bar owned and/or operated by Defendant Black Forrest prior to and during his consumption of alcoholic beverages sold, served or provided to him by Defendant Black Forrest; 1. Failing to warn Plaintiffs Gregory and Faith Trayer that Plaintiff Gregory Trayer was unfit to be in or about a motor vehicle as a result of his extreme impairment due to intoxication caused by the negligent, careless and unlawful sale and/or service of alcoholic beverages to Plaintiff Gregory Trayer by Defendant Black Forrlest; J. Failing to notify authorities including the police of the hazards presented to Plaintiff Gregory Trayer as a result of the negligent and unlawful conduct of Defendant Black Forrest; k. Violating the statutes and other laws of the Commonwealth of Pennsylvania regarding the service of alcoholic beverages to visibly intoxicated persons. GRAHAM & MAUER. P,C, WHEREFORE, Plaintiff Gregory Trayer demands judgment in his favor and against Defendant Gloria L. Mullen in an amount which exceeds the jurisdictional amount requiring arbitration by local rules, plus interests, costs, attorney fees and such other relief as the law may allow. COUNT IV - NEGLIGENCE. NEGLWENCE PER SE. AND GROSS NEGLIGENCE GREGORY TRAYER vs KATHRYN MULLEN 27. Paragraphs 1 through 26 are incorporated herein by reference as if set forth at length herein. 28. Defendant Kathryn Mullen's negligence, car(~lessness, gross negligence, negligence per se and unlawful conduct consisted of the tDllowing: a. Selling, serving and/or furnishing liquor and/or brewed beverages to Plaintiff Gregory Trayer which were in fact consumed within the restaurant and bar owned and/or operated by Defendant Black Forrest when Plaintiff Gregory Trayer was visibly intoxicated; b. Failure to properly train and/or supervise Defendant Black Forrest's directors, officers, employees, servants and/or agents so as to prevent them from selling, serving and/or furnishing liquor and/or brewed beverages to invitees who were visibly intoxicated, including Plaintiff Gregory Trayer; c. Failure to conform to the requirements of Pennsylvania's liquor code including 47 Pa. C.S.A ~4-493 et sec. which were enacted tp protect persons situated as Plaintiff Gregory Trayer from the particular harm Plaintiff Gregory Trayer suffered; d. Encouraging the sale, service and/or furnishing of liquor and/or brewed beverages to invitees including Plaintiff Gr,egory Trayer who were visibly intoxicated; e. Failing to warn Plaintiff Gregory Trayer that he was visibly intoxicated and should not continue to consume alcoholic beverages; f. Failing to warn Plaintiff Faith Trayer that Plaintiff Gregory Trayer was visibly intoxicated and had been negligently and unlawfully served alcoholic beverages in the restaurant and bar owned and/or operated by Defendant Black Forrest; GRAHAM & MAUER, P,C, g. Failing to properly assist Plaintiff Gregory Trayer in arriving at a place of safety after departing its restaurant and bar when Defendant Black Forrest knew or should have known that such assistance was required; h. Failing to recognize the signs of visible intoxication demonstrated by Plaintiff Gregory Trayer while within the restaurant and bar owned and/or operated by Defendant Black Forrest prior to and during his consumption of alcoholic beverages sold, served or provided to him by Defendant Black Forrest and/or Defendant Kathryn Mullen; 1. Failing to warn Plaintiffs Gregory and Faith Trayer that Plaintiff Gregory Trayer was unfit to be in or about a motor vehicle as a result of his extreme impairment due to intoxication caused by the negligent, careless and unlawful sale and/or service of alcoholic beverages to Plaintiff Gregory Trayer by Defendant Black Fom:st and or Defendant Kathryn Mullen; J. Failing to notify authorities including the police of the hazards presented to Plaintiff Gregory Trayer as a result of the negligent and unlawful conduct of Defendant Black Forrest and or Defendant Kathryn Mullen; k. Violating the statutes and other laws of the Commonwealth of Pennsylvania regarding the service of alcoholic beverages to visibly intoxicated persons. WHEREFORE, Plaintiff Gregory Trayer demands judgment in his favor and against Defendant Kathryn Mullen in an amount which e:xceeds the jurisdictional amount requiring arbitration by local rules, plus interests, costs, attorney fees and such other relief as the law may allow. COUNT V - NEGLIGENCE. NEGLWENCE PER SE. AND GROSS NEGLIGENCE GREGORY TRAYOR vs JERRY STROME 29. Paragraphs I through 28 are incorporated herein by reference as if set forth at length herein. 30. Defendant Strome's negligence, carelessness, gross negligence, negligence per se and unlawful conduct consisted of the following: GRAHAM & MAUER, PC, a. Selling, serving and/or furnishing liquor ,md/or brewed beverages to Plaintiff Gregory Trayer which were in fact consumed within the restaurant and bar owned and/or operated by Defendant Black Forrest when Plaintiff Gregory Trayer was visibly intoxicated; b. Failure to conform to the requirements of Pennsylvania's liquor code including 47 Pa. C.S.A g4-493 et sec. which were enacted to protect persons situated as Plaintiff Gregory Trayer from the particular harm Plaintiff Gregory Trayer suffered; c. Encouraging the sale, service and/or furnishing of liquor and/or brewed beverages to invitees including Plaintiff Gregory Trayer who were visibly intoxicated; d. Failing to warn Plaintiff Gregory Trayer that he was visibly intoxicated and should not continue to consume alcoholic beverages; e. Failing to warn Plaintiff Faith Trayer that Plaintiff Gregory Trayer was visibly intoxicated and had been negligently and unlawfully served alcoholic beverages in the restaurant and bar owned and/or operated by Defendant Black Forrest; f. Failing to properly assist Plaintiff Gregory Trayer in arriving at a place of safety after departing its restaurant and bar when Defendant Black Forrest knew or should have known that such assistance was required; g. Failing to recognize the signs of visible intoxication demonstrated by Plaintiff Gregory Trayer while within the restaurant and bar owned and/or operated by Defendant Black Forrest prior to and during his consumption of alcoholic beverages sold, served or provided to him by Defendant Black Forrest and/or Defendant Jerry Strome; h. Failing to warn Plaintiffs Gregory and Faith Trayer that Plaintiff Gregory Trayer was unfit to be in or about a motor vehicle as a result of his extreme impairment due to intoxication caused by the negligent, careless and unlawful sale and/or service of alcoholic beverages to Plaintiff Gregory Trayer by Defendant Black Fom~st and or Defendant Jerry Strome; 1. Failing to notify authorities including the police of the hazards presented to Plaintiff Gregory Trayer as a result of the negligent and unlawful conduct of Defendant Black Forrest and/or Defendant Jerry Strome; J. Violating the statutes and other laws of the Commonwealth of Pennsylvania regarding the service of alcoholic beverages to visibly GRAHAM & MAUER, P,C, intoxicated persons. WHEREFORE, Plaintiff Gregory Trayer demands judgment in his favor and against Defendant Jerry Strome in an amount which exceeds the jurisdictional amount requiring arbitration by local rules, plus interests, costs, attorney fees and such other relief as the law may allow. COUNT VI - LOSS OF CONSORTIUM FAITH TRAYER vs BLACK FORREST. DONALD W. MULLEN. GLORIA L. MULLEN. KATHRYN MULLEN AND JERRY STROME 31. Paragraphs I through 30 are incorporated herein by reference as if set forth at length herein. 32. As a direct and proximate result of the injuries and/or damages to Plaintiff Gregory Trayer, Plaintiff Faith Trayer has been and/or may be compelled to expend monies for medical treatment and medications in an effort to cure her husband. 33. As a direct and proximate result of the injuries and/or damages to Plaintiff Gregory Trayer, Plaintiff Faith Trayer has been and/or may be compelled to expend monies for hiring help to perform the duties of the household previously performed by her husband, Plaintiff Gregory Trayer. 34. As a direct and proximate result of the injuri(~s and/or damages to Plaintiff Gregory Trayer, Plaintiff Faith Trayer has been and/or may be deprived of her husband's aid, comfort, society, companionship, income and affection. WHEREFORE, Plaintiff Faith Trayer demands judgment in her favor and against Defendants Black Forrest, Donald W. Mullen, Gloria L. Mullen, Kathryn Mullen and GRAHAM & MAUER, PC, Jerry Strome in an amount which exceeds the jurisdictional amount requiring arbitration GRAHAM & MAUER, PC, by local rules, plus interests, costs, attorney fees and such other relief as the law may allow. Date: )///1" ()?-- G~CPC Qraham, Esquire fi Plaintiffs By: Ron Atto VERIFICATION I, Gregory Trayer, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. &~IP~ Date: /lflJ../(J{l. I VERIFICATION I, Faith Trayer, hereby state that I am the Plaintiff in this: Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:~ ~^f\~ Faith Trayer - - "' GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire LD. 64483 The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs GREGORY TRAYER and FAITH TRAYER, h/w Plaintiffs : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY vs : NO. 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and : CIVIL MATTER _ LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM Defendants CERTIFICATE OF SERVICE I, Ronald M. Graham, Esquire, to hereby certifY that on this 19th day of November, 2002, a true and correct copy of Plaintiffs' Comolaint was sent by first class, postage prepaid US mail to the following: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 GRAHAM & MAUER, P.C. By: GRAHAM is. MAUER, p,C, :.1 r :J - " -<. (;;) GREGORY TRAYER and F AITH TRAYER, h/w, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. BLACK FORREST ENTERPRISES, INC., T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE : NO. 02-2854 and DONALD W. MULLEN and GLORIA L. MULLEN and : CIVIL MATTER - LAW KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM, Defendants NOTICE TO PLEAD To: Gregory Trayer, Faith Trayer, and their attorney, Ronald M. Graham, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Dated: l~O.3 By: L & KEARNS ~ J Y T. MCGUIRE, ESQUIRE ttorney LD. #73627 3631 North Front Street Harrisburg, PAl 711 0 (717)232-7661 -1- GREGORY TRAYER and F AITH TRAYER, h/w, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. BLACK FORREST ENTERPRISES, INC., T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE : NO. 02-2854 and DONALD W. MULLEN and GLORIA L. MULLEN and : CIVIL MATTER - LAW KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM, Defendants DEFENDANTS' ANSWER WITH NEW MATTER AND NOW, come the Defendants, Black Forrest Enterprises, Inc., t/a Mullen's Fireside Inn, Donald W. Mullen, Gloria L. Mullen, Kathryn Mullen, and Jerry Strome, alk/a Jerry Strohm, alk/a Jerry Strom, by their attorneys, Caldwell and Kearns, to answer Plaintiffs' Complaint and aver New Matter as follows: 1.-9. Admitted. 10. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness of the averments of this paragraph and strict proof thereof is demanded at trial. 11. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary, and strict proof thereof is demanded at trial. -2- 12. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness ofthe averments of this paragraph and strict proof thereof is demanded at trial. 13. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness of the averments of this paragraph and strict proof thereof is demanded at trial. 14. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness ofthe averments of this paragraph and strict proof thereof is demanded at trial. 15. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness of the averments of this paragraph and strict proof thereof is demanded at trial. 16. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness ofthe averments of this paragraph and strict proof thereof is demanded at trial. 17. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness of the averments of this paragraph and strict proof thereof is demanded at trial. 18. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness of the averments of this paragraph and strict proof thereof is demanded at trial. -3- 19. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness ofthe averments of this paragraph and strict proof thereof is demanded at trial. 20. Denied. The averments in this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary, and strict proof thereof is demanded at trial. COUNT I - NEGLIGENCE. NEGLIGENCE PER SE AND GROSS NEGLIGENCE GREGORY TRAYER vs. BLACK FORREST 21. The answers in paragraphs 1 through 20 are incorporated herein by reference as if fully set forth. 22. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary, and strict proof thereof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiffs without cost to them but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT II - NEGLIGENCE. NEGLIGENCE PER SE. AND GROSS NEGLIGENCE GREGORY TRAYER vs. DONALD W. MULLEN 23. The answers in paragraphs 1 through 22 are incorporated herein by reference as if fully set forth. -4- 24. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary, and strict proof thereof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiffs without cost to them but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT III - NEGLIGENCE. NEGLIGENCE PER SE. AND GROSS NEGLIGENCE GREGORY TRAYER vs. GLORIA L. MULLEN 25. The answers in paragraphs I through 24 are incorporated herein by reference as if fully set forth. 26. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary, and strict proof thereof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiffs without cost to them but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT IV - NEGLIGENCE. NEGLIGENCE PER SE. AND GROSS NEGLIGENCE GREGORY TRAYER vs. KATHRYN MULLEN 27. The answers in paragraphs 1 through 26 are incorporated herein by reference as if fully set forth. -5- 28. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary, and strict proof thereof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiffs without cost to them but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT V - NEGLIGENCE. NEGLIGENCE PER SE. AND GROSS NEGLIGENCE GREGORY TRAYER Ys. JERRY STROME 29. The answers in paragraphs 1 through 28 are incorporated herein by reference as if fully set forth. 30. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary, and strict proof thereof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiffs without cost to them but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT VI - LOSS OF CONSORTIUM FAITH TRAYER Ys. BLACK FORREST. DONALD W. MULLEN. GLORIA L. MULLEN. KATHRYN MULLEN AND JERRY STROME 31. The answers in paragraphs 1 through 30 are incorporated herein by reference as if fully set forth. -6- 32. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness of the averments of this paragraph and strict proof thereof is demanded at trial. 33. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness of the averments of this paragraph and strict proof thereof is demanded at trial. 34. Denied. After reasonable investigation, the Defendants are without sufficient knowledge and information to form a belief as to the truthfulness of the averments of this paragraph and strict proof thereof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiffs without cost to them but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. NEW MATTER 35. The answers in paragraphs 1 through 34 are incorporated herein by reference as if fully set forth. 36. Plaintiffs' claims are barred in whole or in part by provisions ofthe Pennsylvania Motor Vehicle Financial Responsibility Law. 37. Plaintiffs' injuries pre-existed the motor vehicle accident which is the subject of Plaintiffs' complaint. -7- 38. In accordance with S 1722 ofthe Pennsylvania Motor Vehic1e Financial Responsibility law, Plaintiffs are not entitled to recover any sums paid or payable from any group plan or other arrangement from these Defendants. 39. Plaintiffs fail to plead whether they were bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiffs failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A. S1705. 40. Defendants specifically preserve those defenses of contributory/comparative negligence and assumption of risk under Pa. R.c.P. 1030. 41. Plaintiffs have failed to state a cause of action upon which relief may be granted. 42. These Defendants were not negligent, reckless or careless with respect to any conduct or omission regarding the injuries and damages alleged by Plaintiffs. 43. Any acts or omissions of these Defendants alleged to constitute negligence were not substantial causes and did not result in the injuries they may have sustained. 44. The injuries and damages allegedly sustained by Plaintiffs were not proximately caused by these Defendants. 45. The negligent and intentional acts or omissions of other individuals or entities may have constituted superseding causes of the damages and injuries alleged in the Complaint. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiffs without cost to them but together with such costs, -8- expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. Respectfully submitted, Dated: 1/;;'/03 J / BY: ~ JE T. MCGUIRE, ESQUIRE ~ orney I.D. #73627 3631 North Front Street Harrisburg, P A 17110 (717) 232-7661 -9- VERIFICATION We, Donald W. Mullen and Gloria L. Mullen, verify that the averments in this Answer with New Matter are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. ~~ ," ' ""~ ' , By: ", , " ,". ' Donald W. Mullen " ' By: .,/~UCu 'ct. !nJ.~ UGloria L. Mullen Dated: I ~/ / t/O:1.. CERTIFICATE OF SERVICE /i^"Jt r AND NOW, this <;.! day of ,.- \ ,2003, I hereby certify that I have \ served a copy of the within document on the followmg by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 CALDWELL & KEARNS By: r, '~, (~ 01-44/44868 (') C.1 0 C W f'l :C": 'J C' I ("n f-' ,,4__ " 1 j L ."-1 r':~':- ---.... [",", J C-n ""'- ...."../ S2 :~:: (,..J C> r:: l_,,.. :,:.. j;; " (~) -~ ~:~) -n 2': C; C5 S> c: ,:~:5 '-11 :?-: -I =< :...> ~ -< GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire J.D. 64483 The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs GREGORY TRAYER and FAITH TRA YER, h/w : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs vs : NO. 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and : CNIL MATTER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM Defendants PLAINTIFFS' REPLY TO DEFENDANTS BLACK FORREST ENTERPRISES. INC.. T/A MULLEN'S FIRESIDE INN. T/A MULLEN'S FIRESIDE. T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME 35. No reply required. 36. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. GRAHAM & MAUER, PC. 37. Denied. Plaintiffs specifically deny that their injuries pre-existed the motor vehicle accident which is the subject of Plaintiffs' Complaint. To the contrary, all of the injuries alleged by Plaintiffs in their Complaint were the direct and proximate result of the negligence, gross negligence and/OR recklessness of Defendants as alleged in Plaintiffs' Complaint which is incorporated herein by reference. 38. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that the sums paid or payable from any group plan or other arrangements are not recoverable from these Defendants. To the contrary, sums paid or payable from the Trayers' group insurance plan are recoverable in that the plan is an ERISA Plan and the tortious conduct of the Defendants, rather than a motor vehicle accident, were the proximate cause of Plaintiffs' injuries. 39. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. 40. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New GRAHAM & MAUER, P.C. Matter are automatically deemed denied as conclusions of law to which no I Ii Ii " II " :1 !I ~ , 'j i1 :141. II il ,I I' Ii responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that they were in any way contributorily or comparatively negligent and further specifically deny that they assumed the risk of sustaining the injuries alleged in Plaintiffs' Complaint. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that they have failed to state a cause of action upon which relief may be granted. To the contrary, Plaintiffs have set forth each and every element of a cause of action which will permit recovery against Defendants. 42. Denied. Plaintiffs specifically deny that Defendants were not negligent, reckless or careless with respect to any conduct or omission regarding the injuries and damages alleged by Plaintiffs. To the contrary, the injuries and damages alleged by Plaintiffs were solely and proximately caused by the negligence, gross negligence, negligence per se, recklessness and/or carelessness of Defendants. 43. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the GRAHAM & MAUER, P.C. allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however a reply may be required, Plaintiffs specifically deny that the acts or omissions of these Defendants alleged to constitute negligence were not substantial causes and did not result in the injuries the Plaintiffs may have sustained. To the contrary, the injuries sustained by the Plaintiffs were the direct and proximate result of the negligence, gross negligence, negligence per se, recklessness and/or carelessness of Defendants. 44. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that their injuries and damages were not proximately caused by these Defendants. To the contrary, all of Plaintiffs' injuries and damages were the direct and proximate result of the negligence, gross negligence, negligence per se, recklessness and/or carelessness of Defendants. 45. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that the negligent and intentional acts or omissions of other individuals or entities may have constituted superseding causes of the injuries and damages alleged in the Complaint. To the contrary, Plaintiffs' injuries and damages were GRAHAM & MAUER, P.C. solely and proximately caused by the negligence, gross negligence, negligence per GRAHAM & MAUER, PC. se, recklessness and/or carelessness of Defendants. WHEREFORE, Plaintiffs request a judgment in their favor and against Defendants. By: Date: January 7,2003 GRAHAM & MAUER, P.C. Rona Atto VERIFICATION I, Ronald M. Graham, Esquire, state that I am the attorney for the within named Plaintiffs, Gregory Trayer and Faith Trayer, and that the facts set forth in the foregoing Plaintiffs' Reply to Defendants' New Matter are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa C.S.A ~4904 relating to unsworn falsification to authorities. GRAHAM & MAUER, P.C. By: GRAHAM & MAUER, P.c. By: Ronald M. Graham, Esquire LD. 64483 The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs GREGORY TRAYER and FAITH TRA YER, h/w : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs vs : NO. 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and : CIVIL MATTER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM Defendants CERTIFICATE OF SERVICE I, Ronald M. Graham, Esquire, to hereby certify that on this 7th day of January, 2003, a true and correct copy of Plaintiffs' Reply to Defendants' New Matter was sent by first class, postage prepaid US mail to the following: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 GRAHAM & MAUER, P.C. By: GRAHAM (5, MAUER, P.C, S:) \..~.- ~J~~ (:.} ::~~i ~~~o $:;~ ~ ,~ I ILl "0 ::.J,,: c- fv , - ~ 5S -< GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire I.D.64483 The Commons at Valley Forge Suite 22, Box 987 V alley Forge, P A 19482 (610)933-3333 Attorney for Plaintiffs GREGORY TRAYER and F AlTH TRA YER, h/w : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs vs : NO. 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and : CIVIL MATTER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM Defendants PRAECIPE TO SUBSTITUTE VERIFICATION PROTHONOTARY: Kindly substitute the Verifications of Plaintiffs Gregory Trayer and Faith Trayer in Plaintiffs' Reply to Defendant's New Matter for the Verification of Ronald M. Graham, Esquire. By: & MAUER, P.C. . Graham, Esquire 1 y for Plaintiffs GRAHAM & MAUER, PC, Date:_I/ J1' D '3 VERIFICATION I, Faith Trayer, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: January 3. 2002 ~~~^1\1~ . . VERIFICATION I, Gregory Trayer, hereby state that I am the Plaintiff in thi Action and verify that the statements made in the foregoing 4Qcument are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: January 3. 2002 ~~:~~ --- -Greg~7 GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire I.D.64483 The Commons at Valley Forge Suite 22, Box 987 V alley Forge, P A 19482 (610)933-3333 Attorney for Plaintiffs GREGORY TRAYER and FAITH TRA YER, h/w : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs vs : NO. 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and : CIVIL MATTER - LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM Defendants CERTIFICATE OF SERVICE I, Ronald M. Graham, Esquire, to hereby certify that on this 15th day of January, 2003, a true and correct copy of Plaintiffs' Praecipe to Substitute Verifications regarding Plaintiffs' Reply to Defendants' New Matter was sent by first class, postage prepaid US mail to the following: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, P A 1711 0-1533 By: G GRAHAM & MAUER, P.C. o C ;::--- -oj~>; o."lj" ;>- ""- j 7r fJJ)> i~ 3 .. !,,) '::J Ul John J, McNally III, Esquire Attorney Id, No,: 52661 Thomas, Thomas & Hafer, LLP 305 N, Front Street P,O, Box 999 Harrisburg, PA 17108-0999 (717) 237-7116 GREGORY TRAYER and FAITH TRAYER, h/w Plaintiffs v. BLACK FORREST ENTERPRISES, INC, T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W, MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-2854 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants in the above matter. Date: 'l 'L~\ O~ Iy II, 1.0. umber 52661 305 North Front Street P,O. Box 999 Harrisburg, PA 17101 (717)237-7116 Counsel for Defendants CERTIFICATE OF SERVICE AND NOW, this ,/3 day of ;) .)\~I ,2003, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ronald M. Graham, Esquire Graham & Mauer, P,C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiffs C) f=) 0 ~~ C,} -1"1 l~ ,- n-i ( , ;: .o.,J C>) -< : r -, :.c. :,.) ." GREGORY TRAYER and F AlTH TRAYER, h/w Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/AFIRESIDE : NO. 02-2854 and DONALD W. MULLEN and GLORIA L. MULLEN and : CIVIL MATTER - LAW KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM: AKA JERRY STROM PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please withdraw the appearance of Jeffrey T. McGuire, Esquire and Brett M, Woodburn, Esquire, on behalf of Defendants in the above-captioned matter, CALDWELL & KEARNS By: r-z ---- . McGuire, Esquire 1\.ttorney I.D, #73617 Brett M. Woodburn, Esquire Attorney I.D. #81786 3631 North Front Street Harrisburg, P A 17110 (717) 232-7661 Dated: 7 /n ~j CERTIFICATE OF SERVICE AND NOW, this <j;, day of 'dJvg ,2003, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiffs n ,~' (~ c: (,,) -11 ,~ r """"(J , .. [l) , (,~ '" --} -< r;-" " , :.:.-:" ~," " ., :~i ,- THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John J. McNally, III, Esquire Attorney tD. 52661 (717)237-7116 Attorneys for Defendant GREGORY TRAYER and FAITH TRAYER, hlw Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2854 v, BLACK FORREST ENTERPRISES, INC. TIA MULLEN'S FIRESIDE INN, TIA MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuaht to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoena$ attached thereto was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Plaintiffs' counsel has waived the twenty (20) days; and 4. The subpoenas which will be served are identical to the subpoenas whiclh are attached to the Notice of Intent to Serve Subpoenas, Date: August 15, 2003 THOMAS, THOCA' & HAFER, UP 252333-1 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 ! I John J. McNally, Ill, Esquire Attorney J.D. 52661 (717)237-7116 Attorneys for Defendant GREGORY TRAYER and FAITH TRAYER, h/w Plaintiffs v. BLACK FORREST ENTERPRISES, INC, T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2854 CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the d ate listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be served. Date: August 5, 2003 250397-1 THOMAS, THOMAS & HAFER, LLP , I GREGORY TRAYER and FAITH TRAYER, h/w Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Healthsouth Diaanostic Center. 4349 Carlisle Pike. Camp Hill. PA 17011 THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Divisiol!l Deputy 247983-9 ! I GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W, MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radioloov. BMC. 850 Walnut Bottom Road. Carlisle. PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copv of any and all records pertainino to Greoorv Traver. Jr. (DOB! 3/30/64: SSN: 196-48-3921), includino but not limited to: diaonostic films. reports of diaonostic studies. hospital records. prooress notes. test results, records of other healthc~.m providers. consultation reports, correspondence, memos and bills at: Thomas. Thomas & Hafer, llP. 305 N. Front Street. Harrisburo, PA 17101 (Address) 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: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT 10#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Divisiqn Deputy 247983-10 ! I GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC, T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn Rehabilitation Associates. P.C.. 1 Dunwoody Drive. Carlisle. PA 17[QJl Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete COpy of any and all records pertaininq to Greqorv Trayer, Jr. (DOB; 3/30/64; SSN: 196-48-3921), includinq but not limited to: hospital records. proqress notes, test results. diaqnostic films. reports of diaqnostic studies, records of other healthcare providers. consultation reports, correspondence. memos and bills at Thomas. Thomas & Hafer, LLP. 305 N. Front Street. Harrisburq. PA 17101 (Address) 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: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Divisic)n Deputy 247983-7 ! I GREGORY TRAYER and FAITH TRAYER. h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, NO. Docket 02-2854 BLACK FORREST ENTERPRISES. INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn's Woods Physical Therapy. 425 Stonehedae Dr.. Carlisle. PA 17013 Within twenty (20) days after selVice of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of any and all records pertainina to Greaorv Trayer. Jr. (DOB: 3/30/64: SSN: 196-48-3921 l, inciudina but not limited to: hospital records, proaress not!3s. test results. diaanostic films, reports of diaanostic studies. records of other healthcare providers. consultation reports, correspondence. memos and bills at: Thomas. Thomas & Hafer, llP. 305 N. Front Street. Harrisbura. PA 17101 (Address) 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: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotaiy/Clerk, Civil Division Deputy 247983-8 ~ I GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, NO, Docket 02-2854 BLACK FORREST ENTERPRISES, INC, TIA MULLEN'S FIRESIDE INN, TIA MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: David C. Baker. MoO.. 19 Brookwood Avenue. Suite 104, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete cOpy of any and all records pertaininq to Greqorv Trayer. Jr. (DOB: 3/30/64; SSN: 196-48-3921). includinq but not limited to: hospital records. proqress notes. test results. reports of diaqnostic studies. records of other healthcare providers. consultation reports. correspondence. memos and bills at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisburq. PA 17101 (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with tlhe certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the ireasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena, within tw"enty (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: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 247983-5 II GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC, T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gary l. Blacksmith. Jr.. MD.. 220 Wilson Street. Carlisle. PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copv of anv and all records pertainina to Greaory Traver. Jr. IDOB:. 3/30/64: SSN: 196-48-3921). includina but not limited to: hospital records. proaress notes. test results. reports of diaanostic studies. records of other healthcare providers. cornsultation reports. correspondence. memos and bills at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisbura. PA 17101 (Address) 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: John J. McNally, III, Esquire ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil DivisiC:iln Deputy 247963-6 ! I GREGORY TRAYER and F AITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO, Docket 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Joseph Gabriel. MoO.. Pain Manaqement Center. Hershey Medical Cente~. 500 University Drive. Hershey. PA 17033 Within twenty (20) days after selVice of this subpoena, you are ordered by the court to produce the following documents or things: A complete COpy of any and all records pertaininq to Greqorv Traver. Jr. IDOB: 3/30/64: SSN: 196-48-3921), includinq but not limited to: hospital records. proqress not~s. test results. reports of diaqnostic studies. records of other healthcare providers. consultation reports. correspondence. memos and bills at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisburq. PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together lNith ttle 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: John J, McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT 10#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Divisiqn Deputy 247983-3 ! I GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC, T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Paul Juliano. MoO.. Hershey Medical Center. 500 University Drive. Hershey. PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documernts or things: A complete COpy of any and all records pertaininq to Greqorv Trayer. Jr. (DOBI: 3/30/64: SSN: 196-48-39211, includinq but not limited to: hospital records. proqress notes. test results. reports of diaqnostic studies. records of other healthcare providers. cohsultation reports. correspondence. memos and bills at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisburq. PA 17101 (Address) 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 havo 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: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Divisipn Deputy 247983-4 ! ! GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO, Docket 02-2854 BLACK FORREST ENTERPRISES, INC, T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TR.lAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Hospital. 246 Parker Street. PO Box 310. Carlisle. PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete COpy of any and all records pertainina to Greoorv Trayer. Jr. (DOB:' 3/30/64: SSN: 196-48-3921). includino but not limited to: hospital records. prooress not~s. test results. reports of diaonostic studies. consultation reports. correspondence. mamos and bills at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisburo, PA 17101 (Address) You may deliver or man legible copies of the documents or produce things requested by this subpoena, together with ttle 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 ~arty 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: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Divisi~n Deputy 247983-1 ! ! GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO, Docket 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W, MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME. AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Scott A. Lynch, M.D. Sports Medicine Center. Hershey Medical Center. 500 University Drive. Hershey. PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documen1$ or things: A complete copy of any and all records pertaininq to Greqorv Traver. Jr. (DOB: 3/30/64: SSN: 196-48-3921), includinq but not limited to: hospital records. proqress not~s. test results. reports of diaqnostic studies. records of other healthcare providers, consultation reports. correspondence. memos and bills at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisburq. PA 17101 (Address) 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 t'Nenty (20) days after its seNice, 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: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal ofthe Court Prothonotary/Clerk, Civil Division Deputy 247983-2 'I CERTIFICATE OF SERVICE AND NOW, this 5th day of August, 2003, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiffs 250397-1 II GRAHAM & MAUER, P.C. ATTORNEYS.AT-LAW THE COMMONS AT VALLEY FORGE SUITE 22, P.O. Box 987 VALLEY FORGE, PA 19482 RONALD M. GRAHAM LISAJ. MAUER- (610) 933-3333 1-$0-218-0808 FAX (610) 983-0570 1136 SUMMERWOOD DRIVE IIARR1SBURG,PA 17111 (717) 2411-09OO (717)652-1200 ALSO MEMBERS OFNEW JERSEY BAR .. MA5m1I. OF B1..TSINl!SS ADW[NISI1I.ATION August 11,2003 Deena B. Morrison, Paralegal Thornas, Thomas & Hafer, LLP 305 North Front Street P.O, Box 999 Harrisburg, PA 17108 RE: Gregory & Faith Trayer v, Black Forest Enterprises, Inc" et al, Cumber!and County CCP No: 02-2854 Your File No: 452.30959 Dear Ms, Morrison: I have no objection to the serving of subpoenas in the above referenced matter, Therefore, enclosed is the executed waiver, If you have any questions, please do not hesitate to contact me. Ene!. RMG:tmf ! ! THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW ~ www.tthlaw.com 305 North Front Street, P,O. Box 999, Harrisburg, P A 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Deena B. Morrison, Paralegal (717) 237-7151 dmorrison@tthlaw.com August 5, 2003 Ronald M. Graham, Esquire GRAHAM & MAUER, P.c. The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 Re: Gregory Trayer and Faith Trayer v. Black Forrest Enterprises, Inc" et al Cumberland County Court of Common Pleas No, 02-2854 Our File No,: 452,30959 Dear Mr. Graham: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the twenty-day notice, please sign where indicated and return a copy of this letter to me at your earliest conveniehce. Thank you for your attention to this mater. Sincerely, THOM4-S, THOMAS & HAFER, LLP JUr~,~f!Pc (V~ /dbm:248405,2 Enclosure I, Ronald M. Graham, Esquire, counsel for Plaintiffs, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the twenty-day notice. Counsel for Defendant shall provide me with copies of all record they obtain pursuant to these sljbpoenas. Date: t) ~ II, d"] DIRE Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 , I CERTIFICATE OF SERVICE AND NOW, this 15th day of August. 2003, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiffs 252333-1 ( () -'1 '-1' .~-) <, ,:~-j r- :;. " ).,. , r....J en .,. ::0 r v -< THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John J. McNally, III, Esquir~ Attorney J.D. 526611 (717)237-71Id Attorneys fOT Defendan~ I GREGORY TRAYER $nd FAITH TRAYER, h/w plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-2854 v. BLACK FORREST EN ERPRISES, INC. T/A MULLEN'S FIRES DE INN, T/A MULLEN'S FIRES DE T/A FIRESIDE and DONALD W, MULLEN and GLORIA L. MULLEN a d KATHRYN MULLEN a d JERRY STROME, A JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequi ite to service of subpoenas for documEmts and things pursuant to Rule 4009.22, Defendant rtifies that: 1. A Noti of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or elivered to each party; 2, A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Plaintiff' counsel has waived the twenty (20) days; and 4. The su poenas which will be served are identical to the subpoenas which are attached to the Notice f Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP Date: (c(z<c (. ~ ~ ( \ --/ By: '~ J J. Me: Y, II , ESQUIRE Attorney for Defendan 252333-2 THOMAS, THOMAS & HAFER. LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John J. McNally, III, Esquire! Attorney 1.0. 52661! (717)237-7116 Attorneys for Defendant GREGORY TRAYER <jnd FAITH TRAYER, h/w f!>laintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2854 v, i BLACK FORREST EN~ERPRISES' INC. T/A MULLEN'S FIRESI E INN, T/A MULLEN'S FIRESI E T/A FIRESIDE . and , DONALD W. MULLE~nd GLORIA L. MULLEN a d KATHRYN MULLEN a d JERRY STROME, A JERRY STROHM AKA JERRY STROM I I gefendants CIVIL ACTION - LAW OTICE OF INTENT TO SERVE SUBPOENAS TPRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I TO: Counsel of Reqrd Defendant inttnds to serve subpoenas identical to the ones that are attached to I this Notice. You hare twenty (20) days from the d ate listed below in which to file of record and serve updn the undersigned an objection to thEl subpoenas. If no objection is , made, the sUbPoena~ will be served. THOMAS, THOMAS & HAFER, LLP --/ ,~ Date: October J.f.. , 2003 BY~. JOH"" :'M~LY,II Attorney for Defendant 250397-2 GREGORY TRAYER and FAITH TRAYER, h/w Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Docket 02-2854 BLACK FORREST EN[rERPRISES, INC. T/A MULLEN'S FIRESIDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W, MULLEN and GLORIA L. MULLEN a d KATHRYN MULLEN a d JERRY STROME, A JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED ~efendants ENA TO PRODUCE DOCUMENTS OR THINGS R DISCOVERY PURSUANT TO RULE 4009.22 PO Box 29621 Ralei h NC 27626. THIS SUBPOENA W ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John J. McNall , III, Esquire ADDRESS: P,O. Box 99, Harrisburg, PA 17108-0999 TELEPHONE: (717)27-7116 SUPREME COURT ID : 52661 A TIORNEY FOR: Def ndants BY THE COURT: DATE: Seal of the Cou Prothonotary/Clerk, Civil Division Deputy 247983-13 GREGORY TRAYER and FAITH TRAYER, h/w v. Ij'laintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Docket 02-2854 BLACK FORREST ENjrERPRISES, INC. T/A MULLEN'S FIRESiDE INN, T/A MULLEN'S FIRESiDE T/A FIRESIDE and DONALD W, MULLEN and GLORIA L. MULLEN a d KATHRYN MULLEN a d JERRY STROME, A JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED I qefendants I ENA TO PRODUCE DOCUMENTS OR THINGS R DISCOVERY PURSUANT TO RULE 4009.22 TO: Blue Cross Blue hield of Nebraska POB 3248 Omaha NE 68180 THIS SUBPOENA WA ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John J. McNall , III, Esquire ADDRESS: P.O. Box 99, Harrisburg, PA 17108-0999 TELEPHONE: (717) 2 7-7116 SUPREME COURT ID : 52661 ATTORNEY FOR: Def ndants BY THE COURT: DATE: Seal of the Cou Prothonotary/Clerk, Civil Division Deputy 247983-12 GREGORY TRAYF,:R and FAITH TRAYER, hlw Ij'laintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC. T/A MULLEN'S FIRESlDE INN, T/A MULLEN'S FIRESIDE T/A FIRESIDE and DONALD W. MULLEN nd GLORIA L. MULLEN a d KATHRYN MULLEN a d JERRY STROME, A JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENA TO PRODUCE DOCUMENTS OR THINGS R DISCOVERY PURSUANT TO RULE 4009.22 THIS SUBPOENA W S ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: John J. McNall . III, Esquire ADDRESS: P.O. Box 9 9, Harrisburg, PA 17108-0999 TELEPHONE: (717) 2 7-7116 SUPREME COURT ID : 52661 ATTORNEY FOR: Def ndants BY THE COURT: DATE: Seal of the Co rt Prothonotary/Clerk. Civil Division Deputy 247983-11 CERTIFICATE OF SERVICE AND NOW, till is &- rtay of October, 2003, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first c1a~s, postage prepaid, to the following: Ronald M. Graham, Esquin3 Graham & Mauer, P.C. The Commons at Valley Fon~e Suite 22, P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiffs Jo ......~ / ~._- 250397-2 THOMAS. THOMAS & HAFEr~ LLP ATTORNEYS AT LAW ~ www.tthlaw.conh. 305 North Front Street, P.Q, Box 999, Harrisburg, P A 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 October 16, 2003 Deena B. Morrison, Parale at (717)237-711 dmorrison@tthlaw.c m , Ronald M. Graham, EsqUir~ GRAHAM & MAUER, P. . The Commons at Valley F ge Suite 22, Box 987 I Valley Forge, PA 19482 ! , , Gregory Tiryer and Faith Trayer v. Black Forrest Enterprises, Inc., et al Cumberlan County Court of Common Pleas No, 02-2854 Our File M .: 452.30959 , Dear Mr. Graham: Re: Enclosed please ~' d a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If yo have no objection to the s bpoenaing of these records and are willing to waive the twenty-days' notice please sign where indicat d and return a copy of this letter to me at your earliest convenience. , Thank you for YOuf attention to this mater. Sincerely, TIJ~r:;1~ D~. Morrison, Para.1egal /dbm:248405,6 Enclosure I, Ronald M. Graha , Esquire, counsel for Plaintiffs, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and reby waive the twenty-day notice. Counsel for Defendant shall provid me with copies of all records ey obtain pursuant to these subpoenas. Date: RO G~,ESQUIRE Lehigh Valley Office: 3400 B thPike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675' Fax: (610) 868-1702 CERTIFICATE OF SERVICE AND NOW, this I I true and correct co~y of the foregoing document by plaGing a copy of the same in the d t.( 'l- day of October, 2003, I hereby certify that I sent a I United States Mail, ~irst class, postage prepaid, to the following: I Ronald M, Graham, Esquim Graham & Mauer, P.C. The Commons at Valley For!le Suite 22, P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiffs John J. 252333-2 ~ 0 ~ w 0 ~ ~gJ, n - rn:D , r- t;i5;; N }l~ ~6 -.l o{ ." ~;, ~8 :x ~~ If:> ~sm ?J N :f5 (..,) -< THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Jobn J. McNally, III, Esquire Attorney 1.0, 52661 (717)237-7116 Attorneys for Defendant GREGORY TRAYER and FAITH TRAYER, hlw Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2854 CIVIL ACTION - LAW v. BLACK FORREST ENTERPRISES, INC. TIA MULLEN'S FIRESIDE INN, T1A MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W, MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM Defendants As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1, A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. The twenty (20) day notice period has expired without objections being raised to said subpoenas; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOM c:. Date: '517:1 (0 S" 252333,3 " THOMAS, THOMAS & HAFER, LLP 305 North Front Street P,O, Box 999 Harrisburg, PA 17108 John J. McNally, [II, Esquire Attorney LD. 52661 (717)237-7116 Attorneys for Defendant GREGORY TRAYER and FAITH TRAYER, h/w Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2854 v. CIVIL. ACTION - LAW BLACK FORREST ENTERPRISES, INC. TIA MULLEN'S FIRESIDE INN, TIA MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAF Date: April ~,2005 I \ By':- P 250397,3 GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC. TIA MULLEN'S FIRESIDE INN, TIA MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Scott A. Lvnch. M.D. Department of Othopaedics & Rehabiliation Penn State Milton S. Hershev Medical Center P.O. Box 850.500 Universitv Drive Hershev. PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copv of anv and all records pertaininQ to Greqorv Traver, Jr. (DOB: 3/30/64: SSN: 196-48-3921), includinq but not limited to: hospital records, proqress notes. test results. reports of diaqnostic studies. records of other health care providers. consultation reports. correspondence. memos and bills from October 2002 throuah the present to: Thomas. Thomas & Hafer. LLP. 305 N. Front Street. Harrisburq. PA 17101 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 saekin advance, the reasonable cost of preparing the copies or producing the things sought. !f you fail to produce the documents or things required by this subpoena, within twl:lnty (20) days after its service, the party serving this subpoena may seek a court order compe!ling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT 10#: 52661 ATTORNEY FOR: Defendants DATE: J"I2~l. l..o ;),{){)S ~fthe Cour\ ,r--- '---- 247983-2 GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC. TIA MULLEN'S FIRESIDE INN, TIA MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Charles M. Davis. III. M.D. Department of Othopaedics & Rehabiliation Penn State Milton S. Hershev Medical Center P.O. Box 850.500 Universitv Drive Hershev. PA 17033 Within twenty (20) days after'service of this subpoena, you are ordered by the couI1 to produce the following documents or things: A complete copv of anv and all records pertaininq to Greqorv Traver. Jr. (DOB: 3/30/64: SSN: 196-48-3921), includinq but not limited to: hospital records. proqress notes. test results, reports of diaqnostic studies. records of other healthcare providers. consultation reports. correspondence. memos and bills to: Thomas. Thomas & Hafer, LLP, 305 N. Front Street. Harrisburq. PA 17101 You may deliver or mail legible copies of the documents or produce things request,ed by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You hewe 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 twEmty (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: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT 10#: 52661 ATTORNEY FOR: Defendants DATE: j:1~!l-\l In ~coS Seal f the Court Be;:' COURT: Pro~otary/Clerk: Deputy '--....... 247963-2 . . GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO.. Docket 02-2854 BLACK FORREST ENTERPRISES, INC. TIA MULLEN'S FIRESIDE INN, TIA MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: William Parrish. M.D. Department of Othopaedics & Rehabiliation Penn State Milton S. Hershev Medical Center P.O. Box 850. 500 Universitv Drive Hershev. PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the COUIn: to produce the following documents or things: A complete copv of anv and all records pertaininq to Greqorv Traver. Jr. (DOB: 3/30/64: SSN: 196-48-3921). includinq but not limited to: hospital records, proqress notes. test results. reports of diaonostic studies. records of other healthcare providers. consultation reports, correspondence. memos and bills to: Thomas. Thomas & Hafer. LLP. 305 N. Front Street, Harrisburq, PA 17101 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 helVe the right to seek in advance, the reasonable Gost of preparing the copies or producing the things sought. If you fail to produce the docu;nents or things required by this subpoem~, 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: John J. McNally. III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT 10#: 52661 ATTORNEY FOR: Defendants DATE: {J",(}; l lc, I ;).OQ5 ~f the Court BY ~;: COURT:~_ _ :ropotary/Clej<,~Div' n . -1~f? - Y--fd.-l',~ eputy 247983-2 GREGORY TRAYER and FAITH TRAYER, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. Docket 02-2854 BLACK FORREST ENTERPRISES, INC. TIA MULLEN'S FIRESIDE INN, TIA MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W. MULLEN and GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mark P. Holencik. D.O. Conservative Orthopedics 49 Brookwood Avenue Carlisle. PA 17103 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copv of anv and all records pertaininq to Greoorv Traver. Jr. mOB: 3/30/64: SSN: 196-48-39211. includinq but not limited to: hospital records. proqress notes. test results. reports of diaqnostic studies, records of other healthcare providers. consultation reports. correspondence. memos and bills to: Thomas. Thomas & Hafer. LLP. 305 N. Front Street. Harrisburq. PA 17101 You may deliver or mail legible copies of the documents or produce things requesb~d 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 yall fall to produce the documents or things required by this sUbpoena, within tol'{e~nty (2G) days after Us service, the party ser/ing this 3ubpoena may seek a court order compelling you to comply wlth it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John J. McNally, III, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7116 SUPREME COURT ID#: 52661 ATTORNEY FOR: Defendants DATE: gJIl...; l Lv ~m Seal of the Cou~ BY THE COURT: (~ . pro~otary/Cle \.... ' Deputy ion 247983-2 CERTIFICATE OF SERVICE AND NOW, this .:i:... ~ay of April, 2005, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ronald M. Graham, Esquire Graham & Mauer, P.C, The Commons at Valley Forge Suite 22, P.O. Box 98/' Valley Forge, PA 19482 Counsel for Plaintiffs 250397.3 AND NOW, this CERTIFICATE OF SERVICE 11f1'- day of May, 2005, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiffs 252333.3 ;.-:,,, ,:..;) ".."" C) -n ::1 ;-,', c~' _V"l (:'? (', t< .. THOMAS. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, fA 17108 Kevin C. McNamara Esquire Attorney !.D. 72668 (717)237-7132 Attorneys for Defendants GREGdRY TRAYER and FAITH lIRAYER. hlw . Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2854 v. CIVIL ACTION - LAW BLACK ORREST ENTERPRISES, INC. TIA MU LEN'S FIRESIDE INN, TIA MU LEN'S FIRESIDE TIA FIR SIDE and DONAL W. MULLEN and GLORI L. MULLEN and KATHR N MULLEN and JERRY TROME, AKA JERRY STROHM AKA JERRY TROM Defendants CERTIfiCATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpo nas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter, dated July 13, 2006, directed to Plaintiff's counsel, Ronald M. Graha ,Esquire, confirming no objections to the subpoena and his agreement to waive the 20- day no ice of intent; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this ce ificate. THOMAS, THOMAS & HAFER, LLP Date: J::::.... L J11~, ue <..-4 Kevin C. McNamara, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7132 Attorney for Defendants 252333'1 ATTORNEYS AT LAW ~ www.tthlaw.com . 'THOMAS, THOMAS & HAFER LLP 305 North ,Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Kevin C. McNamara (717) 237-7132 kmcnamara@tthlaw.com July 13, 2006 Ronald . Graham, Esquire GRAH & MAUER, P.C. The Co ons at Valley Forge Suite 22, ox 987 Valley Fa ge,PA 19482 R: Gregory Trayer and Faith Trayer v. Black Forrest Enterprises, Inc., et al Cumberland County Court of Common Pleas No. 02-2854 Our File No.: 452.30959 ey Graham: E closed please find a Notice of Intent to Serve Subpoena to Ted D. Kosenske, MD., pursuant to Rule 4 09.21. It is my understanding that you have no objections to the subpoenaing of these records d thereby agree to waive the 20-day notice period. ank you for your professional courtesies and cooperation in regards to this matter. Sincerely yours, THOMAS, THOMAS & HAFER, LLP BY:~~ Rick Stains, Jr., Paralegal 'to Kevin C. McNamara Irls:248405.3 Enclosure Lehigh alley Office: 3400 Bath Pike, Suite 302, Bethlehem. PA 18017 . Phone: (610) 868-1675 . Fax: (610) 868-1702 l ,. . GREGORY TRAYER and FAITH TRAYER, h/w v. Plaintiffs FORREST ENTERPRISES, INC. TIA LEN'S FIRESIDE INN, TIA ULLEN'S FIRESIDE TI A F SIDE and DONALD W. MUL EN and GLO 1. MULLEN and KATHRYN MUL EN and JERRY STROME AKA JERR STROHM AKA JERRY STROM Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2854 CIVIL ACTION - LAW Defendants intend to serve a subpoena identical to the one that is attached to this notice. You h ve twenty (20) days from the date listed below in which to file of record and serve upon the unders gned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: ""/'1/0t:. 439175.1 THOMAS, THOMAS & HAFER, LLP By: K:... L r17t. "" - . Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7132 Attorney for Defendants .L. ~ . .. GREGORY TRAYER and F AITFI TRAYER, h/w Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2854 FORREST ENTERPRISES, INC. LEN'S FIRESIDE INN, TIA ULLEN'S FIRESIDE TIA F SIDE and DONALD W. MULLEN and GLO L. MULLEN and KATHRYN MUL EN and JERRY STROME AKA JERRY STRO M AKA JERRY STROM Defendants CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ian of Records, Ted D. Kosenske, M.D., Cumberland Valley Pain Management, 5 Tyler Court, Cartisle, PA 17013. (Name 01 Person or Entity) Within ty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any a d all correspondences, hospitalization and medical records regarding treatment rendered on behalf of GRE ORY TRAYER, SSN: 19648-3921, DOB: 03/30/1964, including, but not limited to patient histories, charts, progr s notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-rays or other diagn sties, diagnostic test results and reports without limitation. at TH MAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may aliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certifICate of complianc I to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing copies or producing the things sought. produce the documents or things required by this subpoena, within tvJenty (20) days after Its service, the party serving this subpoena court order compelling you to comply with it. BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: K vin C. McNamara Es uire ADDRESS 305 N. Front Street P. O. Box 999 Harrisbu P A 17108 TELEPHO E: (717) 237-7132 SUPREME COURT ID No: 72668 ATTORN FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Soal 01 the Court 439163.1 ~ <;ER'FIFICATE OF'SER:VtCE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing a copy of the same in the United States mail, first class mail, directed to their office ddresses as follows: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 ValleyForge,PA 19482 'FHOMAS, 'FHOMAS & HAFER, LLP By: Rick Stains, Jr., Paral al to Kevin C. McNamara Date: 7/13. / 0 b 439175.1 AND NOW, this CERTIFICATE OF SERVICE I") -6:...day of July, 2006, I hereby certify that I sent a true and C<l>rrect copy of the foregoing document by placing a copy of the same in the United State~ Mail, first class, postage prepaid, to the following: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 THOMAS, THOMAS & HAFER, LLP BY:~~ Rick Stains, Jr., Paralegal to Kevin C. McNamara 252333.4 -4 ;",1 ..!:.- --j "< - GRAHAM & MAUER, P.e. By: Ronald M. Graham, Esquire ID. 64483 The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs GREGOR Y TRAYER and FAITH TRAYER, h/w : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY Plaintiffs vs : NO. 02-2854 CIVIL TERM BLACK FORREST ENTERPRISES, INC. TIA MULLEN'S FIRESIDE INN, TIA MULLEN'S FIRESIDE TIA FIRESIDE and DONALD W. MULLEN and : CIVIL MATTER _ LAW GLORIA L. MULLEN and KATHRYN MULLEN and JERRY STROME, AKA JERRY STROHM AKA JERRY STROM Defendants PRAECIPE TO SETTLE. DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark this matter SETTLED, DISCONTINUED AND ENDED. By: raham, Esquire Plaintiffs G Date: January 8, 2007 ,..- CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, "fL- . postage prepaid, on the lO day of JCt.t~\u.(tv '1 ,2007: Ronald M. Graham, Esquire GRAHAM & MAUER, P.c. The Commons at Valley Forge Suite 22, Box 987 Valley Forge, PA 19482 THOMAS, THOMAS & HAFER, LLP By: (({ C. f t\ C()~. Kevin C. McNamara, Esquire 1'"'''> c:) C-..::> --i <:- :rs." -~ ...... ..---.. ... ..~, ~ . -c --'.' ~ ~ --4 ~::g . '-~ _"I~1 \ i(~~j '(") C,::':" t\1 ;.--} :::::. 26 ~ Ci!