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HomeMy WebLinkAbout01-5533IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ;RANCES GRIMES : NO. Plaintiff : : v. : CIVIL ACTION - LAW : HARRIS SAVINGS BANK, : Defendant : JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notice ara served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You ara warned that if you fail to do so, the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief raquested 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA tRANCES GRIMES Plaintiff V. HARRIS SAVINGS BANK, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED USTED HA SIDO DEMANDADO EN LA CORTE. Si ustad desea defenderse de las quejas expuestas en las p;~ginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibk~ la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o pot abogado y presentar en la Corte pot escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notiflcaci(~n pot cualquier dinero reclamado en la demanda o pot cualquier otra queja o compensack~n reciamados pot el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFIClNA EN LA DIRECClON ESCRITA ABA, JO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANCES GRIMES Plaintiff V. HARRIS SAVINGS BANK, Defendant : NO. Z/_ .. : : CIVIL ACTION - LAW . .- : JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff, Frances Grimes, is an adult individual residing at 105 Spring Garden Estates, Carlisle, Pennsylvania 17013. 2. The Defendant, Harris Savings Bank, is a Pennsylvania corporation with an address for service of 2"" and Pine Streets, Harrisburg, Pennsylvania 17101. 3. At all times relevant hereto, the Defendant owned and operated a retail banking branch at 921 Calvary Road, Carlisle, Pennsylvania 17013. 4. On January 31, 2000, Plaintiff was doing business as a business invitee at the aforementioned bank. 5. On January 31, 2000, at approximately 1:30 p.m., the Plaintiff was exiting the bank to return to her car in the parking lot when she slipped and fell on ice, which had accumulated on the sidewalk in hills and ridges so as to unreasonably obstruct travel. 6. As a result of her fall, the Plaintiff sustained serious and permanent injuries. 7. At all times relevant hereto, the Defendant acted through its employees, representatives, and/or servants, and is vicariously liable for the negligence of those individuals or entities. 8. This accident occurred solely as a result of the negligence of the employees, representatives, agents, and/or servants of the Defendant and was due ~n no manner to any act, or failure to act, on the part of the Plaintiff. 9. The negligence of the employees, representatives, agents, and/or servants of the Defendant consisted of the following: a) Failing to recognize the special element of harm and danger of ice on the sidewalk; b) Permitting or allowing the ice to accumulate on the sidewalk in front of the bank in hills and ridges which unreasonably obstructed travel when the Defendant knew that its patrons and invitees such as the Plaintiff would have to traverse the area; c) Failing to utilize that degree of care required for business invitees such as the Plaintiff by not maintaining the premises in a safe and usable condition; d) Failing to inspect the premises to discover the unsafe and hazardous condition of ice on the sidewalk; e) Failing to warn or protect the Plaintiff from the unsafe and hazardous condition of ice on the sidewalk when the Defendant knew or should known that the Plaintiff would be unable to protect her; g) h) i) J) Failing to correct the hazardous and dangerous icy condition that the Defendant knew or should have known existed on the premises: Creating or allowing a hazardous condition to exist which the Defendant knew or should have known involved an unreasonable risk of danger to persons such as the Plaintiff who would not know or have reason to know of the unreasonable risk of harm; Failing to carry on the Defendant's activities with reasonable care for the safety of the public; Failing to remove the ice from the sidewalk; and Failing to mask the icy condition by salt, cinder, or otherwise covering the area to make it safe for use. 10. As a result of the aforesaid negligence, the Plaintiff suffered serious and permanent injuries including but not limited to intertrochanteric fracture of the left hip, contusions, and a severe shock to her nerves and nervous system. 11. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, and she will continue to incur medical expenses in the future. 12. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. 3 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter iudgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. AG;;eerg~eyr~l. ~M:~;'9~sq u ' re Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 06O6 I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. ~rances Grimes TO YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGEMENT MAY BE ENTERED AG,~INST YOU BY ATTORNEY POST & SCHELL, P.C. ATTORNEYS AT LAW 240 GRANDVIEW AVE. CAMP H~LL, PA 17011 (717) 731-1970 FAX: (717) 731-1985 WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND COR- RECT COPY OF THE ORIGINAL FILED IN THIS ACTION BY A'I'TORNEY POST & SCHELL, P.C. BY: AMY L. CORYER I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT HARRIS SAVINGS BANK FRANCES GRIMES HARRIS SAViNGS BANK Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5533 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Harris Savings Bank, in connection with the above-captioned matter. Respectfully submitted, POST & SCHELL, P.C. DATE: AMY L. ~61~YEI~/ESQUIRE Attorney for Defendant Harris Savings Bank CERTIFICATE OF SERVICE I, Kelley Spangler, an employee with the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Gregory E. Martin, Esquire DALE E. ANST1NE, P.C. Two West Market Street P.O. Box 852 York, PA17405 Date: ' Kelte~p~r d ~ SHERIFF'S RETURN - OUT OF COUNTY ~ASE NO: 2001-05533 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND GRIMES FRANCES VS HARRIS SAVINGS BANK R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HARRIS SAVINGS BANK but was unable to locate Them in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On October 9th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff,s Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 10/09/2001 DALE ANSTINE R. 'Thomas Kliq~ Sheriff of Cumberland County Sworn and subscribed to before me this ./~_~' day of ~h~, ~1 A.D. / ; Prothonotar~ ~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : GRIMES FRANCES County of Dauphin vs HARRIS SAVINGS BANK Sheriff's Return No. 2799-T - - -2001 OTHER COUNTY NO. 01-5533 AND NOW: October 1, 2001 NOTICE & COMPLAINT HARRIS SAVINGS BANK to STEPHANIE JACOBS, ASSISTANT MANAGER of the original NOTICE & COMPLAINT to him/her the contents thereof at 2ND & PINE STREETS HBG, PA 17101-0000 at l:56PM served the within upon by personally handing 1 true attested copy(ies) and making known DEFENDANT IS NOW WAYPOINT BANK LOCATED AT 235 NORTH SECOND ST., EBG. THE FORMER HARRIS SAVINGS BANK. Sworn and subscribed to before me this 2ND day of OCTOBER, 2001 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Sheriff's Costs: $25.5~D 10/02/2001 RCPT NO 154845 HAYES In The Court of Common Pleas of Cumberland County, Pennsylvania Frances Grimes VS. Harris Savings Bank SERVE: s~ne No. 01 5533 civil NOW, Septenber 26, 2001 , I, SHERIFF OF CUIv~ERLAND COUNty, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Curaberland County, PA Affidavit of Service Now, ,20 at o'clock M. served the within upon at by handing to a and made known to copy of the orig/nal So answers, the contents thereof. Sworn and subscribed before me this _ day of _,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA TO YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGEMENT MAY BE ENTERED AGAINST YOU BY ATTORNEY POST & SCHELL, P.C. BY: AMY L. CORYER I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 POST & SCHELL, P.C. AI-FORNEYS AT LAW 240 GRANDVIEW AVE. CAMP HILt., [~A 1701,1 (717) 731-1970 FAX: (717) 731-1985 WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND COR- RECT COPY OF THE ORIGINAL FILED IN THIS ACTION BY ATTORNEY ATTORNEYS FOR DEFENDANT WAYPOINT BANK, formerly HARRIS SAVINGS BANK FRANCES GRIMES HARRIS SAVINGS BANK Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5533 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Gregory E. Martin, Esquire DALE E. ANSTINE, P.C. Two West Market Street P.O. Box 852 York, PA 17405 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days fi'om service hereof or a judgment may be entered against you. Date: AMY L} CORYEi~ [[SQ. Counsel for Defendant Waypoint Bank, formerly Harris Savings Bank POST & SCHELL, P.C. BY: AMY L. CORYER I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 FRANCES GRIMES HARRIS SAVINGS BANK Plaintiff, Defendant. ATTORNEYS FOR DEFENDANT WAYPOINT BANK, formerly HARRIS SAVINGS BANK IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA NO. 01-5533 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT WAYPOINT BANK, FORMERLY HARRIS SAVINGS BANK. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes Defendant, Waypoint Bank, formerly Harris Savings Bank, by and through its attorney, Post & Schell, P.C., and for its Answer to Plaintiff's Complaint, states as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, ail such allegations are denied. 2. Denied. Harris Savings Bank no longer exists. Its' successor is Waypoint Bank with offices located at 235 N. Second Street, Harrisburg, PA 17101. 3. Denied as stated. Harris Savings Bank is no longer in existence. Furthermore, the corresponding allegation is denied because Plaintiff fails to identify "at all times relevant hereto" with sufficient specificity 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the allegations and, accordingly, all such allegations are denied. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, this allegation contains conclusions of law to which no response is required. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegation is denied as a conclusion of law to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 7. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. 8. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. It is specifically denied that Defendant was negligent. To the contrary, Defendant at no time was negligent and at all times acted completely in accordance with accepted standards of care consistent with standards of the community. 9. Denied. The corresponding allegations are denied as conclusions of law to which no response is required. It is specifically denied that Defendant was negligent. To the contrary, Defendant at no time was negligent and at all times acted completely in accordance with accepted standards of care consistent with standards of the community. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegation is denied as a conclusion of law to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegation is denied as a conclusion of law to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegation is denied as a conclusion of law to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. WHEREFORE, Defendant, Waypoint Bank, formerly Harris Savings Bank, respectfully requests that this Honorable Court grant judgment in its favor and against the Plaintiff on the Complaint, together with costs and expenses. The Defendant hereby raises the following New Matter: 13. Defendant incorporates herein by reference the averments contained in paragraphs one through twelve of the foregoing Answer as if fully set forth herein. 14. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 15. The statute of limitations may have expired prior to the initiation of this lawsuit. 16. Defendant was not negligent. 17. The Defendant's agents, servants and/or employees were not negligent. 18. Any acts or omissions of the Defendant and/or the Defendant's agents, servants and/or employees alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 19. The incident and/or damages described in Plaintiff's Complaint may have been caused or contributed to by the Plaintiff. 20. Plaintiff's negligence exceeds that of Defendant, if such is proven. 21. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 22 The Plaintiff may have assumed the risk. 23. The Plaintiffmay have been contributorily negligent. 24. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Defendant. 25. Plaintiff may not have properly mitigated her damages. 26. The peril or danger of which Plaintiff complains, to the extent it existed, which Defendant denies, was open and obviously known to Plaintiff, Frances Grimes, who nevertheless conducted herself in such a manner as to expose herself to said peril or danger. 27. Plaintiff failed to properly observe as she was proceeding. 28. Plaintiffmay have failed to keep a proper lookout as she was proceeding. 29. Plaintiff had a choice of two distinct paths, one of which was perfectly safe and another which was obviously subject to dangers and risks. Plaintiff, voluntarily and knowingly choosing the dangerous path, is contributorily negligent as a matter of law. WHEREFORE, Defendant, Waypoint Bank, formerly Harris Savings Bank, respectfully requests that this Honorable Court grant judgment in its favor and against the Plaintiff on the Complaint, together with costs and expenses. Date: Respectfully submitted, POST & SCHELL, P.C. Y L. ~ORYER~E-SQUIRE Counsel for Defendant Waypoint Bank, formerly Harris Savings Bank I, Richard C. Ruben, Executive Vice President of Waypoint Bank, do hereby swear and affirm that the facts and matters set forth in the Answer and New Matter Pursuant are tree and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. DATE: Richard C. Ruben CERTIFICATE OF SERVICE I, Candice M. Baker, an employee with the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Gregory E. Martin, Esquire DALE E. ANSTINE, P.C. Two West Market Street P.O. Box 852 York, PA17405 Date: POST & SCHELL, P.C. BY: AMY L. CORYER I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT WAYPOINT BANK, formerly HARRIS SAVINGS BANK FRANCES GRIMES HARRIS SAVINGS BANK Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5533 CIVIL ACTION o LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a Writ to G. Edward Knisely as an additional defendant in the above-captioned matter. Date: I!l I~.lO} Respectfully submitted, POST & SCHELL, P. C. By ~,'3~ Oxy, t/. AMY L. CO(~ER, ESQ. Attorney for Defendant Waypoint Bank, formerly Harris Savings Bank CERTIFICATE OF SERVICE I, Candice M. Baker, an employee with the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Gregory E. Martin, Esquire DALE E. ANSTINE, P.C. Two West Market Street P.O. Box 852 York, PA17405 Date: Candice M. Bak)~ Cumberland County, ss: The Commonwealth of Pennsylvania to G. Edwa_rO Kni~ely (l~ame of Additional Defendant) You are notified that Harris ~vJ~nqs Bank (Nam~ (s) of Defendant (s) ) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date CurtJ~ R. Lon9 G. Edward Knisely 801 Lindsey Road Carlisle, PA 17013 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05533 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRIMES FRANCES VS HARRIS SAVINGS BANK JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN. was served upon KNISELY G EDWARD the ADD'L DEFENDANT, at 1546:00 HOURS, on the 10th day of December at 801 LINDSEY ROAD 2001 CARLISLE, PA 17013 by handing to G EDWARD KNISELY a true and attested copy of WRIT TO ADD'L DEFEN. together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /2~ day of ~u~ ,~; A.D. thonotary ~ / So Answers: R. Thomas Kline i2/li/200i POST & SCHELL By: uty Sheriff CERTIFICATE PREREQUISITE TO SL'~VICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS FRANCES GRIMES TERM, -VS- CASE NO: 01-5533 HARRIS SAVINGS BANK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMY L. CORYER, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date ~a which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/19/2002 ~s on b.e~a~f of z~ Attorn~'y for DEFENDANT DEll-323458 86511--LO1 COI~flVlON'~rEALTH OF PENNSYLVANIA COUNTY OF CUI~IBERLAND IN THE MATTER OF: FRANCES GRIMES -VS- HARRIS SAVINGS BANK COURT OF C0}940N PLEAS TERM, CASE NO: 01-5533 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BELVEDERE MEDICAL CENTER DR. LARRY THOMPSON DANIEL P. m~.y, M.D. ANDY SI~EGAK MEDICAL .~ECORDS MEDICAL RECORDS MEDICAL RECORDS ~IPLOYMENT TO: GREGORY MARTIN , ESQ. MCS on behalf of AMY L. COI~YER~ ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records mai be ordered at your expense by cuu~letin$ the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 02~26~2002 CC: AMY L. CORYER, ESQUIRE JANEAN WILSON - 626-86380 - 9380009309001 Any questions regarding this matter, contact MCS on behalf of AHYL. CORYER, ESqUIRE Attorney for DEPENDANT TRE MCS GROUP INC. 1601MAF~ET ST~T ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-179547 86511--C02 COMMONWEALTH OF PE~SYLVANIA C..OUNTY OF CUMBERL.~ND FRANCES GRIMES VS HARRIS SAVINGS BANK File No. O1-55qq SUBPOENA TO PRODUCE Do---rs OR TI-IINGS FOR DISCOVERY PURSUA.N-r TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: BELVIDRE MEDICAL CENTER SEE A~ACHED at MCR C. RnlTP TNG.. 1601 MARWFT RT..~',~RC)O. PRTT.A..PA lq103 You may dei~'et or mail legible copies of the documents or produce tl~'~l req~aesled by t~l sub.rtL together with the cem~cate ~ compli~ce, ~o the p~ m~n~ ~his r~u~t at ~he ad~ ~ a~e. You ~ve the ti~t to see~ in advice, the ~uonable cost of ptep~nS the copi~ or prod~cin~ the ~ ~t. If ya~ fa~l to ?.oduce the documents or things required by this subpaer, a. witl-.in twen~ (201 days ,~tet its service, the pa'-ry ser.'in$ this s~:~poena may se~k a ceu~ order compellin$ you to comply with it. THIS SL'~?O -~A WAS ISSUED AT THE REQ~ OF TH'E r-C)LLOWING PERSON: NAM~. AMY L. CORYER, ESO. ADDRESS: 240 GRANDVIEW AVE. CAMP HILL, PA 17011 215-246-0900 TELEPHON:' SUPR~M£ COURT ID ~ A'I'roIcN~'Y FOR: DEFENDANT Se~l of the Court ('-_ff. 719~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BELVEDERE MEDICAL CENTER 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: 86511 FRANCES GRIMES INCLUDING ANY AND ALL RECORDS FROM: DR. HOLLEN, DR. POTTER AND DR. JOSEPH CAMPBELL Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: FRANCES GRIMES 105 SPRING GARDEN ESTATES, CARLISLE, PA 17013 Social Security #: 185-26-1268 Date of Birth: 10-22-1935 $U10-$58328 86511--L01 CERTIFICATE PREREQUISITE TO SEItVICE OF A SUBPOENA PUi~SUANT TO ItULE 4009.22 IN THE MATTER OF: FRANCES GRIMES -VS- HARRIS SAVINGS BANK COURT OF COM~40N PLEAS TERM, CASE NO: 01-5555 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMY L. CORYER, ESgUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/19/2002 MCS on behalf of AMY L. CORYER, ESQUIRE Attorney for DEFENDANT DEll-317306 8 6 511 --LO2 CO~R~ObT~q~ALTH OF PENNSYLVANIA COUNTY OF C~BERLAND IN THE MATTER OF: FRANCES GRIMES -VS- HARRIS SAVINGS BANK COURT OF COMMON PLEAS TERM, CASE NO: 01-5533 NOTICE OF II~.£~u~T TO SERVE A SUBPOENA TO PRODUCE DOCUM~I~TS AND %"dINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BELV~D~ MEDICAL CEB'kRk DE. LAItHY T~OMPSON DARI~L P. ~-Y, M.D. ANDY SWEGA~ HEDICAI. RECORDS )~DIC~L REC0~DS ~EDICAL R~CORDS EHPLOYHENT TO: GREGORY MARTIN , ESQ. MCS on beha,f of AMY L. CORYER~ ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frow the date listed below in which to file of record and serve upon the undersisned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by cu~apleting the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02126~2002 CC: AHY L. COEYER, ESQU/RE JANE, AN VII, SON - 626-86380 - 9380009309001 MCS on behalf of AMY L. CORY~R, ESQUIRE Attorney for DEI~NDANT Any questions regarding this matter, contact T~.MCS GROUP INC. 1601MARI~T STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-179547 86511--(2:02 CO~MON'ffEALTH OF PE~SYLVANIA C.OUNTY OF CUMBERL.~ND FRANCES GRIMES VS HARRIS SAVINGS BANK SUBPOENA TO PRODUCE Do---r5 QR THINGS FOR DISCOVERY PURSUA.N-r TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: DR. LARRY THOMPSON MCR CR{'HTP TNC.. 16D1 MARKET ~q~__]~R{~{'l. P~ITT,A..PA lqlOq You may dei~*e~ at mail lesible copie~ of the deo~me,stl or produce t~ ~amed by t~s sub~n~ to~ether with the certificate ~ compli~c~ to the p~ ~nS this r~u~l at ~he id~ ~ a~e. You ~ve the ri~ht to see~ in advice, the ~uona~le c~t of ~ep~nS the copi~ ot ptod~cin~ the ~n~ ~L you fa~l t~ ?,oduce the detumente et tl~np required by tk~s subtilely, witF.~ twen~ (::~01 days a~sr its service, t~e sera'inS c,h~s su~.poena may mit a cma'~ orde~ compellin$ yma to comply with it. THIS SL'BpO~rNA WAS ISSUED AT 'riie REQt/r:.wr OF Thee r-OLLOWlNG PERSON: NAM~. ~ L. CORYgR. ESO. ADDRESS: 240 GRA~DVIEW AVE. CAMP HILL, PA 17011 215-246-0900 T£L£PHON"' SLfPRE.M~ COUirl' Ii~ ~. A'I'rOR.'~LrY FO~ DEYENDANT Sea~ of the Co~u't EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. LARRY THOMPSON I TYLER COURT CARLISLE, PA 17013 RE: 86511 FRANCES GRIMES Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :FRANCES GRIMES 105 SPRING GARDEN ESTATES, CARLISLE, PA 17013 Social Security #: 185-26-1268 Date of Birth: 10-22-1935 SU10-357984 86511--L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: FRANCES GRIMES -VS- HARRIS SAVINGS BANK COURT OF COMMON PLEAS TERM, CASE NO: 01-5533 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 eCS on behalf of AMY L. CORYER, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/19/2002 eCS on behalf of AMY L. CORYER, ESQUIRE Attorney for DEFENDANT DEll-317307 8 6 511--LO 3 CO[fllVlON-~r]ZALTH OF PENNSYLVANIA COUNTY OF CUlVjBERLAND IN THE MATTER OF: FRANCES GRIMES -VS- HARRIS SAVINGS BANK COURT OF C0~0N pLEAS TERM, CASE NO: 01-5533 NOTICE OF INT~.NT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BELVEDERE MEDICAL CENTER DR. LARRY THOMPSON DANIEL P. RKI.y, M.D. ANDY SWEGAR ~D IC~%L ~:CORDS MEDICAL I~ECORDS M~DICAL RECOSDS ~fI~LOYMENT TO: GREGORY MARTIN , ESQ. MCS on behalf of AMY L. CORYER, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed belme in which to file of record and serve upon the undersigned an objection to the subpoena. If the twnty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 02126/2002 CC: AMY L. CORYER, ESQUIRE JANEAN ~ILSON - 626-86380 - 9380009309001 MCS on behalf of AHY L. CORYER~ EsqUiRE Attorney for DEFENDANT Any questions regarding this matter, contact THEM CS GROUP INC. 1601 MAR~T ST~I~T t800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-179547 86511--CO2 COMMON'W~ALTH OF PE,~$YI. VANIA COUNTY OF CUMBERLA.ND FRANCES GRIMES VS HARRIS SAVINGS BANK File No. SUBPOENA TO PRODUCE DO~-I'$ OR THINGS FOR DISCOVERY PURSUA.N-I' TO RULE $009 ~'~ TO: CUSTODIAN OF RECORDS FOR: DR. DANIEL HELY days after service of tl~is sub ou ordm, ed I~' ~ co~tt to produce the followin$ documents S~ Am~AC~D ' MCR ~I~ITTP TMC.. l~Ol MAI~Y'KT qT_.#ROfl. 1:)T-tTT,A..PA 1c)10~ You may doth'et ot m~l le~ble copies of ehe doc~mcn~ or produce ~:~b~l ~eqamed ~/tkis subpoena, tostthcr with thc certificate ~.' compliance, rD the par~T, m&~nS fl~i! request at the adclc-'-~.l ~leeqd above. You have the rtsht to seek. i~ advice, the .-tuonable cost of ptepi:in$ the copi~ or producin~ tho t4~u~ ~I~L II you fi~l to ...'toduce the documents or t~np required by t~is subpoe~l, ~ twen~ ("fi1 days after its sera'ice, the serb. mS tlxis suOpoena may sesk a cma'l ordor ¢ompellin$ you to comply with it. T:..HS SL'BPO --~4A WAS ISSUe:) AT T~E REQLtL~1' OF ~ ~4:~LLOWTNG PERSON: NAM~. AMY L. CORYER. ESO. ADDRESS: 240 GRANDVIEW AVE. CAMP HILL, PA 17011 215-246-0900 TELEPHON"' SUPREM£ COU1T ID e ( Se,I of the Co~'t (Eft 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DANIEL P. HELY, M.D. 1 DUNWOODY DRIVE CARLISLE, PA 17013 RE: 86511 FRANCES GRIMES Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :FRANCES GRIMES 105 SPRING GARDEN ESTATES, CARLISLE, PA 17013 Social Security ~: 185-26-1268 Date of Birth: 10-22-1935 SU10-357986 86511--L0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: FRANCES GRIMES -VS- HARRIS SAVINGS BANK COURT OF COMMON PLEAS TERM, CASE NO: 01-5533 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMY L. CORYER, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/19/2002 MCS on behalf of AMY L. CORYER, ESQUIRE Attorney for DEFENDANT DEll-317308 8 6 5 l 1--LO 4 COIVII~iOI~I%r~ALTH OF PENNSYLVANIA COUNTY OF CUlViBERLAND IN THE MATTER OF: FRANCES GRIMES -VS- HARRIS SAVYNGS BANK COURT OF COMMON PLEAS TERM, CASE NO: 01-5533 NOTICE OF II/T~-NT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BELVEDERE HEDICAL CENTER DR. LARRY THOMPSON DANIEL P. m~j.y, M.D. ANDY SIft/GAR MEDICAL RECORDS MEDICAL RECORDS I~DICAL RECORDS EHPLOYMENT TO: GREGORY MARTIN , F,$Q. MCS on behalf of AMY L. CORYER~ ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belo~ in ~hich to file of record and serve upon the undersiEned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/2612002 CC: AHY L. CORYER, ESQUIRE JANFAN ~'[LSON - 626-86380 - 9380009309001 MCS on behalf of AMY L. CORYER, ESqUIRE Attorney for DEFENDANT Any questions regarding this ~atter, contact x~ HCS GROUP INC. 1601MARKET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-179547 86511--C02 COMMOI~A"EALTH OF PE~$YLVANIA COUNTY OF CUMBER~-~.ND FRANCES GRIMES VS HARRIS SAVINGS BANK File No. SUBPOENA TO PRODUCE Do~-rs OR THINGS FOR DISCOVERY PURSUA.N-r TO RULE TO: CUSTODIAN OF RECORDS FOR: ANDY SWEGAR Wi:Mn ~e~' C~) days ~ff se~'ice of t~s subp~ you ue ord~ ~ ~e ~ to ~roducI the followln~ ~oc~ments or SEE A~ACHED ' ~hin~ MCR CRi'ITTP TNC.. 1601 MAI~1~!~T RT..#RO{I. pI-ITT.A__PA lq10q (Adding) You may de,'et ot m~il lelible copies of the deoaments or produce tt~"~l ~equ~ed ~ thil subpeena, toset~er with the certificate ~ compliance, to the pa~. n~b~,.in$ this request at the ad~h'~ ILiad abe~e. You have the tight to seek. in advLnce, the .',luonable cost of preplrin$ the copies or producin$ the thim~ Iou~'tt. If you fa.ii te ~oduce the d~uments or tl~in~l required by this sub1~ena, veit~ twen~ {201 days ~'tet ts sec'ice the p&r~ servin$ t~s subpoena may mka cmu~ order compellin$ you to compl.v with it. THIS SL'~PO~-NA WAS ISSUE:) AT THE REQLrL~T OF ~ r=OLLOWTNG PERSON: NAM~. AMY L. CORYER. ESO. ADDR~S: 240 GRANDVIEW AVE. CAMP HELL, PA 17011 215-246-0900 TEL£PHON:- SUPRF. M£ coLrRT IO ~. A'~'TOR.NL~ FO[~ DEFENDANT Seal ~ the Court (~:f. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANDY SWEGAR COLLEGE & LOUTHER STREETS CARLISLE, PA 17013 RE: 86511 FRANCES GRIMES INCLUDING JOB APPLICATION, AND REVIEWS, ETC. Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: FRANCES GRIMES 105 SPRING GARDEN ESTATES, CARLISLE, PA 17013 Social Security #: 185-26-1268 Date of Birth: 10-22-1935 SU10-357988 86511--L04 pRAF_,C'~pE FOR ~S~NG CASE FO~ TRIA~_ (Must be typewritten and su~i~t~d in duplicate) TO THE pROTH~NOTARY OF CLMBERL~D COUNTY plesse list the fol~g case, (Check one) ( X ) for JURY trial at the next term of civil court. ( ] for trial without a j~. CA~T~ON OF CA~ (entire caption must be stated in full) Frances Grimes Ve Harris Savings Bank ( check one ) (X) Civil Action - Law ( ) Appeal from Arbitration Ve G. Edwar~.Knisely The trial list will be called on and October ~ 2002 Trials c~m~nce on November 4 2002 pre%rials will be held ~~ 0, (Briefs are due 5 da~s (The party listing this case ~or ~rial shall provide forthwith a c-~39.-Y of the praetipe to all counsel, pursuant to loCal Rule 214.1. No. 01 civil 5533 19 indicate the attorney who will try case for the party who files this praecipe: Gregory E. Martin, Es · P.O. Box 952 York PA 1 -- !~.%ca~e trial counsel for other ~)ar~ies if John R. Canav E ' ' ' This case is ready ~or trial. $i~ad, Print ~ Greaorv E. Date, July 2002 Attorney for~ Plaintiff Frances Grimes V Harris Savings Bank V G. Edward Knisely : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : : NO. 01-5533 CIVIL TERM ORDER OF COIJRT AND NOW, October 8, 2002, by agreement of counsel, the above captioned case is hereby settled from the November 4, 2002 trial term. Gregory E. Martin, Esquire For the Plaintiff John R. Canavan, Esquire For the Defendant G. Edward Knisely Defendant Court Administrator By the Court, ld Frances Grimes v Harris Savings Bank V. G. Edward Knisely To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 01-5533 CIVIL ACTION - LAW PRAECIPE TO REMOVE (X) Please mark the above captioned action SETTLFD AND SATISFIED OR ( ) Please mark the above captioned judgment or lien settled and satisfied. Gregp,,~E. Martin, Esqu're A~tef'ney for the Plaintiff ~.D. No: 38894 CC: Jack Canavan, Esquire PLEASE ISSUE A CERTIFICATE OF SETTLEMENT AND SATISFACTION TO ATTORNEY MARTIN.