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HomeMy WebLinkAbout95-02439 I QI -cJ) . ., ~ f ,. " '7 I','" 'i'1 ,} ~f . 0- rf) ::t ro . o Z o C'.., ('~ r -\ -- \ V, ANDREAS AEN\JZI N, Defendonl /11'1 IN 1111 ClllJIlT Ilr COMMIlN PI EllS III CllMI\HlIlINIl CIlIINIY, P~NNSYI VIINIA C I V 11 Arl ION - IIIW \JONALD VERNFT 1'10 j nIl f f : NO, 7439 CIVIl 1995 PRETRIAL CONFERENCE AI 0 prelrlal conference Iwlll Anrl I 29, 1998, hefore Edgar U, Bayley, Judge, presenl for Ihe /llnlntiff WrJS Michael L, Bangs, ESQui reo oml for (lefeIHlonl. Jef fer son .J, Shl/ll1lon. Esquire, Plalnllff, Donald Vernet. lived on a properly owned by defendant, Andreas Ilendlln, PlaIntiff claIms that he become seriously III with some permanent complIcatIons os 0 result of drinking water frol1l the well on the property that was taInted by E-coli bacteria, PlaIntiff seeks recovery of damages on theories of negligence and the failure of defendant os a landlord to provide a habitable lIving envIronment, Defendant denies liability and in addition asserts the defense of assumption of risk, Plaintiff prevIously sued rleff!ndnnt seeUng 0 transfer of a portion of defendant's property to hIm, PlaIntIff's suit was dismissed by summary JUdgment, Plolntiff and defendant agree that the results of this suIt are not admisslhle at trIal, If defendant seeks to Intr()(juce nny evldpnce regardIng the sui t at trial. an offer should he mode 10 Ihe tl 101 Judge, Estimolerj lIme of t rlol, Ollp ond 0 hnl f to two dnys, Counsel sholl submit 0 hrief 10 tlw 11'101 judge at the commencement of 11'101 on Ihl' issues of yr1JilllY, / / V(;;/ " Edom II II~ d. ,I . Michoel I Bonus, I, so1l1 rp For Plnintiff Jefferson J, Shinnmn, EsquIre For Defendont : pr s III ~ \) - ~ j q ~ h .J~~I Il!i ~ ~ ;:r: J " "~I ~. .J ., Hi - , . , DONALD VERNET. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW ANDREAS BENDZIN. Defendant NO. 02439-1996 CIVIL TERM NOIteJ; YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (201 days after this Complaint and Notice ara served, by entering a written appearanca personally or by attornay and filing in writing with tho Court your defenses or objections to the claims sat forth against you. You are warned that if you fail to do so tha case may proceed without you end a Judgment may be entered against you by the Court without further notice for any money claimed In the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TelEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Court House Carlisle. Pannsylvanial7013 Talephone: (7171 240 6200 DONALD VERNET, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA vs. CIVIL ACTION - LAW ANDREAS BENDZIN. Defendant NO. 02439-1996 CIVIL TERM COMPLAINT AND NOW comes tha Plaintiff, Donald Vernet. by his attorney, Mlchaell. Bangs, Esquire, and files tha following Complaint: 1. Plaintiff, Donald Vernat, is an adult individual who resides at 3461 Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Andreas Bendzin, is en adult Individual who resides at 348 Blacklatch Lane, Camp Hill, Cumberland County, Pannsylvanla. 3. Dafendant is the owner of a certain tract of land located in Sliver Springs Township, Cumberland County, Pennsylvania, known os 260 Willow Mill Park Road. 4. Plaintiff was a tenant on the property owned by Defendant from 1988 until April of 1996. 6. The property being leaaed by Plaintiff from Defendant was serviced by Its own lIeptlc sYlltem es wall as Its own well Watar system. 6. There was no other source of drinking water othar than the well system on the prorerty. 1 7. Defendant inherltad tha property and took over actlva managamant of It In 1992. 8. In the latter part of 1992 Bnd early 1993, Plaintiff advlsad Dafandant that the saptlc system neadad an ovarhaul and repairs. 9. Dafendant inspected tha proparty and recognized the problems to the septic system, but failed or refused to make any rap airs to tha system. 10. In May of 1993, Plaintiff got severely ill requiring hospitalization. 11. Plaintiff was treated for the IlInass which 'vas later diagnosed as giardiasis. 12. Plaintiff then dlscoverad that the watar In tha well on the property was grossly contaminated with coliform bacteria which caused his illness. 13. Tha complications from tha Illness were severe and Included, but were not limited to: A. Plaintiff's Inability to digest food end constant dlahreah; B. Passing of blood through the urine and anus; C. Severe loss of weight; D. large painful lumps In the abdominal area; E. The onset of pneumonia as a rasult of tha daterloratlon of the antibodies In Plaintiff's systam; F. Viol ant spasms; 2 -~~n G. Sharp pain in the stomach and chast araa; and H. Constant fevar and swaats. 14. Plaintiff continues to experience pain and SUffering from tha In faction causad by the contamination of the drinking watar at the property. 16. Defendant had a duty to provide Plaintiff with a habitable liVing space which Included potable water and proper sewaga treatment facilities. 16. Defendant knew or should have known that the problems with tha sewage system affected the potability of tha water. 1 7. Defendant was put on specific notice by Plaintiff that there ware defects to the sewage system and that repairs were needed but despite being put on notice by Plaintiff, Defendant failed or refused to make those repairs. 18. Defendant breached the duty to provide Plaintiff with a habitable liVing space Including potable water and a proper sewage treatment facility. As a result of the breach of this duty to provide Plaintiff with a habitable living environment, Plaintiff suffered severe injuries and continues to suffer savere Injuries end pain. 19. Plaintiff also has Incurred substantial medical expenses for the treatment of the Infection caused by the contaminated water and will continue to Incur medical expenses for that treatment. 20. Plaintiff has lost life's pleasures as a result of the pain and suffarln9 he has endurad from the Infactlon caused by the contaminated water and will continue 3 to losa life's pleasuras In tha future. 21. Defendant's negligence in failing to provide a habitable living environment, potable water source and proper sewage troatment facility to Plaintiff has caused Plaintiff to incur damages which include tha past, present and future pain and suffering; past. present and future medical expenses; and past, present and future loss of life's pleasures. WHEREFORE. Plaintiff demands damages against Defendant in an amount in axcess of $20,000.00 plus Interast plus costs of suit. Respectfully submitted, Wt~/J.,j 1 ~-. _'O".~..___,.,~..,__,_~..,.,,__ MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Cemp Hill, PA 17011 (717) 730-7310 Supreme Court 10 #41263 4 VERIFICATION COMMONWEALTH OF PENNSYLVANIA I ( SS: COUNTY OF CUMBERLAND I DONALD VERNET, being duly sworn according to law, daposes and says that the facts set forth in the foregoing Co Int are true and correct to the best of his knowledge, Information and belief. SWORN TO AND SUBS<1RIBED BEFO~E M~ THg'/2/lO DAY OF ~t1+U1l , ,1995. NOTAllAl SEAL WENDY S. CHcSI\~(l, NotlJOY p,,'l':C CQlrp 111" blJlU. Culd.hi;'t1oi c;". F-Ii. My Comml.';<ln r.;1h"'ll.\f~ 10, 1M . ~ Commonwealth of Pennsylvania County of Cumberland Donald Vemet Coun or COOlmOIl Pie.. VI. No. _95::.243!l.CiY-U5.eDD---u---..-u. 19____ In _.r; Jy_\ L {I_~t !m-:.L.t1Y1_n. _._ -- -- - ____um___ ^ndreae l3endzin 34B Blacklatch Lane Canp Hi 11, Pa. 17011 To _l\l)Qr!!3!fL[J~JjQ~Jn. _' _ _ ________._ - _u_..___ You art hereby notified lhal ~Dlild-Y~ej-..------.---------------.----.-..--.-..--.---.------------------.---------------- 1l1e Plalnlill has commenced an action in u.Civ!1.J.aw----.--u-----------------------u-------- a8alllll you which )'ou arr '<'1uir.d \0 drl.nd o. . delaull judgmenl lIIay be enlHed apinll you. (SEAL) ._.._.__l.~~_~~~.f.~_~r)_~~r.__.__.._.._______. Prolhonotary Dale __~!lY.':J.u n_________________ t9~t'i_ { I : \ly ._: -fJfL!~ -. (Jmj~~~~!~-__u-----m----_ J ~i ..... ...."" ~~ .EI ~ ..~~~ ... .~ ti . J I ~~i~ 0 J i 6 '" - -EjQ~ r-- .~ ..... ~ I al.... . P,,:t . ..... ria ~]i~ M M '0 N ... ~ .... N .....:t '''; ~ I ~ is > r-- '" '''; ~~~ ..... '" U r-- ~N ~ . !:O ,. ". :;no ':.': ~ . 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I 'tL and at thL"> ;;:H',_ tl11-,-, '11IFi-tlf;/i H;~ ;lttl,nt] 'II t.,,-' tL~:, li't r;- ,-,' 'tiPI Ic..! I. .l'.," ,'. l'Ji/, '-il,__W;"l.o-:~' ,.:,~~.. 1'.... .>A;:,......~~ r~ r\ . 1" L . 'iLl l,~ ~ 1 1;', - 'I" I i I" f i:IIPC 1 ,I t 'i; 1>,..;t ,': :tll(:Lp~ 1 !Ill ':;f~ r v 1 CO: - At J ldav I t. S\II'('tldJ 1)1:-' 1", \1;'" ~. 4[\ ~:;L ,1~ n I' Htd-:L !'flU' < 1\'1 ", I 1 ',-i':, t ,.;{~7"t' II~~~~~, , Iff ~-;W'." J 1 oj ft j 1.'1/ b r,-'.~ 11l:! t Ii 1.. 1'1 .Cj~'. /<... (L:i} 1 t;, tl 1 .J (}t~ Ii 'il; A. I'. 'J, \A- 0, )}.t.i(..y., JJ./oIjl 1 i f., Ii' t ,il , CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the IOJGL-day of /I//J.-~-U , 1995, addressed as follows: Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.c. J. Sill P ,ESQUIRE rney 1.0. #517 Market Street . O. Box 1268 HarriSburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant 2 Jettereon J. lIhipman, I.quire I.D. 11178& G01.DuaG, IlATllIAII , ..IPIIAII, P.c. 320 Market .treet P. o. lox 1268 Harri.burQ, PA 1710a-126a (717) 234-4161 coun.el for Defendant DONALD VERNET, I plaintiff I I V. I I ANDREAS BENDZIN, I Defendant I IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NOI 02439-1995 CIVIL ACTION - LAW 1I00001C. '1'0 .L."D TOI Donald Vernet, plaintiff, c/o Michael L. Bllnql, Ilquire 302 South 18th street Camp Hill, PA 17011 You are hereby notified to file a written re.pon.e to the enolo.ed An.wer and New Matter cf Defendant, within twenty (20) day. from service hereof or a judqment may be entered aqainst you. GOLDBERG, KATZMAN' SHIPMAN, P.C. J. '.0. 1785 20 Market street P. o. 60)( 1268 lIarrleburq, fA 17108-1268 (n7) 234-4161 Coun.el for Oerendant . . "'''' Jefferaon J. Shlpman, !aqulre 1.0. 111181 GOLDalaa, KATlMAX , IBIPMAN, P.C. 320 Market Streat P. o. Ball 1268 Harrlabur9, PA 17108-1268 (111) 234-4161 Counsel for Defendant DONALD VERNET, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NOI 024311-1995 v. ANDREAS BENDZIN, Defendant CIVIL ACTION - LAW &M..IR AM>> Maw MATT" OF DIF&KD~. &MDRD' IIMDII... '1'0 '1'81 'LAIII'1'IFF" CmI-LaIIl'l' AND NOW, come. the Defendant, Andreas Bendzin, by and throuQh hi. counael, GoldberQ, Klltzman' Shipman, P.C., and file. the followinQ Answar and New Hattar in reaponse to the Complaint of the Plaintiff, Donald Vernetl AII..IR 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. After reasonllble investiqation, Defendant is without information sufficient to form a belief as to the truth of the averments in thie paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 9. Admitted in part. Denied in part. It is admitted only that the Defendant inspected the septic system and that Plaintiff suspected problems with the septio system. It is denied, however, that the Defendant failed or refused to make any repairs to the eystem. To the contrary, the Defendant offered to make any repairs which offer was refused by plaintiff. 10. Denied. After reasonable investiqlltion, Defendant is without information sufficient to form a belief as to the truth of the IIverments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 3 11. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth ot the averments in this parllgraph and, therefore, denies ths same and demands strict proof at time of trial if deemed material. 12. Admitted in part, denied in part. It is admitted only that Plaintiff discovered coliform bacteria. After reasonllble investigation, Defendant is without information sufficient to form a beliet Be to the truth of the averments in this paragrllph and, therefore, denies the same and dsmands strict proof at time of trial it deemed material. 13. Denied. After reasonable investigation, Defendllnt is without information sufficient to form a beliet as to the truth ot the averments in this paragraph and sUbparagraphs a through h, and, therefore, denies the same and demands strict proof at time ot trial it deemed material. 14. Denied. After reasonable investigation, Defendant is without information sufficient to form a beliet as to the truth ot the averments in this paragraph and, therefore, denies the same and demands etrict proof lit time ot trial if deemed mllterial. 4 15. Denied. The averments in this parllgraph oonstitute oonclusions of law to whioh no responee is required. In the event a response is deemed to be required, Detendant is withuut information suftioient to form a belief as to the truth ot the averments in this paragrllph lind, therefore, denies the same and demand_ striot proof at time of trial if deemed material. 16. Denied. The averments in this paragraph oonstitute conolusions ot law to which no response i_ required. In the event a responee ie deemed to be required, Defendant i. without intormation _utficient to form a beliet as to the truth of the averment. in this pllragraph and, therefor., denies the .ame and de.and. .triot proot at time ot trial it d.emed material. 17. Denied. The averment. in this paregraph constitute conolu.icn. of law to which no re.ponse i. required. In the event a reeponse is deemed to be required, Defendant i. without intormation sufficient to form a belief as to the truth ot the averment. in this paragraph and, theretore, denies the same and damands .trict proof at time of trial if deemed material. 18. Denied. The averment. in this peregraph constitute conclusions of law to which no reeponee is required. In the event a responle is (teemed to be required, Detendant is without information sufficlent to form a belief .. to the truth of the Ii averments in this paragraph and, therefors, denies the .ame and dsmands strict proof at time of trilll if deemed material. 19. Denied. After reasonable inveetigation, Defendant is without information sufficient to form a belief as to the truth of the avsrments in this paragraph and, therefore, denies the same and demande strict proof at time of trial if deemed materilll. 20. Denied. After reasonable investigation, Defendant is without information sufficient to form II belief as to the truth of the avsrments in this paragraph lind, therefore, denies the same and demands strict proof at time of trial if deemed material. 21. Denied. After reaeonable investigation, Defendant is without information sufficient to form a belief a. to the truth of the avermente in this paragraph and, therefore, denies the same and demands strict proof at tims of trial if deemed material. WHEREFORE, the Defendant, Andrells Bendzin, respectfully requests thllt judgment be entered in his favor and that the Plaintiff's Complaint be dismiseed with prejudice. 6 ... MATT.. 22. That the Plaintiff/s injuries and damage., if any/ were not cau.ed by any acts/ omission. or breaches of duty by the Defendant, but were caused in whole or in part or were contributed to by the negligence, fault or want of care of the Plaintiff himself. 23. Thllt the Defendant owed the Plaintiff no duty of care. 24. Thllt the Plaintiff's alleged cau.e of action i. barred in whole or in part by the Doctrine of comparative and contributory Negligence. 25. That the Plaintiff assumed the risk of injuries and damages as alleged by reason of his own negligence and carelessness and by continuing exposure to coliform bacteria. 26. Thllt if the Defendant was negligent, which negligence i. spacifically denied, then any such negligence was not a proximate cause of any injuries or dllmage. as alleged by Plaintiff. 27. That the Plaintiff failed to mitigate his damage.. 7 ao. That the Plaintiff wile reeponeible for maintenance of the rental property pursuant to hie rental agreement. while a tenant on the property. a9. That the Plaintiff's allsged cause of action may be barred in whole or in part by the IIpplicable .tatute of limitations. 30. That if ths Plllintiff .u.tained any injurie. and damage. as alleged, then said injuries and damages were caused in whole or in part by on act of God or by other forces beyond the oontrol of the Defendant. WHEREFORE, the Defendant, Andreas Bendzin, re.peotfully request. that judgment be entered in his favor and that the Plaintiff's complaint be diemi.esd with prejudice. GOLDbERG, KATZMAN , SHIPMAN, P.C. 178D o Market Street . O. bOk la68 Harri.burq, PA 17108-1268 (717) 234-4161 Couneel tor Defendant . VERIFICATION I, Andreas Bendzin, hereby acknowledge that I am the Defendant in this action; that 1 have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. 1 understand that any false statements herein are made subject to penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities. / - It' 'i( " J~,-.~. ,- ['_1 I r. ANDREAS BENDZI~ h~ . <~ t:.' Datel 'I /';' / // - ) - 1,') S- any exposure to the coliform bacteria, It was a result of the negligence of tha Defendent. 26. Denied. Paragraph 26 Is a legal conclusion and therafore no answer Is required. To the extent an answer is raquired, it is specifically denied. 27. Denied. Paragraph 27 is a legal conclusion and therefore no answer is required. To the extent an answer is required, it Is specifically denied. 28. Denied as stated. It Is true that Plaintiff had responsibility for malntenanca of some portions of the rental property pursuant to his rental egreement while a tenant on the property. It Is specifically denied that the Plelntlff had the responsibility to Insura that there was a potabla source of water. The Defendant, who was tha landlord, had the responsibility to Insure that the sewage system and water system were such that they operated properly so as to not create an uninhabitable envlronmant for Plaintiff. 29. Denied, Paragraph 29 Is a legal conclusion and therefore no answer Is required. To the axtent that an answer is required, it Is specifically denied. 30. Denied. Plaintiff, after reasonable investigation, is without knowledge sufficient to form a belief as to the truth of this averment and strict proof thereof Is demanded at the trail of this case. 2 VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) ( SS: COUNTY OF CUMBERLAND ) DONALD VERNET, being duly sworn according to law, deposes and says that the facts set forth in the foregoing AnRwer to New Matter are true correct "Ih. b..1 01 hi. '",wl.dg',I.lom"Uo...d b.II.f. ~ ~1E~ SWORN TO AND SlJ~~fRIBED BE~~ ME THISc;>uHl DAY OF UCVe17t{if'T ,1996. {J.l'/ I NOTARY PU NOTAIIA1 MAl WENO'/ S. CHeYIO. ......, MIl Camp m 10'0, Cumbotlan4 ee.. M My Cammlulun bpi,., Maf 10. 1\199 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Answer to New Matter by daposlting a copy of same in the United States mall, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Jefferson J. Shipman, Esquire 320 Market Street Post Office Box 1268 Harrisburg, PA 17108.1268 DATE:_~ '/ , Esquire refli.-IIUIl J. Shipman. ElllUht. t;(lWIIUlli, 1<A'17.MAN I'< SIIII'MAN.Pl:. 32U Mo,k,'1 SIn'''', SIIo","..ny S'I"o,,' 1'.0. lIox 12f,H Ilonl.lllIIK. PA 171UH-12hH AlloIIIl'Y 1.11 No: \ 17H\ DONALD VERNET IN THE COURT OF COMMON PLEAS CUMIlElUAND COUNTY, PENNA Plaintiff v. No: 02439.1995 ANDREAS 8ENDZIN Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUPIlOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. Defendant. Andreas 8endzln, hereby ('enlnes that: (1) a Notice of Intent to serVl' the subpoena, with a copv of the subpoena attached thereto, was llIaihl ur deliwred tu ,'ach part\' at I,'asl lwenty days prior to tIll' date on whlrh the subpoena was sought to be served; (2) a copy of the Notlre of Intent, Indudlng propused subpoena, Is attached to this certlllcall'; C!) nu Objection to till' sllbpoena(sl has been ren'ived; and CERIWICATE OF SElWICE I hereby certify that on this D-- /11- . # 10 day of _~_Il)l)H,a true and correct copy of thl' foregoing dOClllllellt WllS sl'rwd II pOll II\!' lollowlllg bv depositing sallle into the United Stlltes Mall, Ihsl-r1ass lIIall, postage pre-paid to: Michllel L. Bangs. Esquirt' 302 SOIlI h 18t h SI rrel Camp HlII, PA 170 II GOLDBERG, KATZMAN &. SHIPMAN, P.c. C4. 00' I' . /:JfltL. / \. -- nfdtfSON ISI II'MAN, ESQUIRE H\I~"lll!I\llIkllllllll " leffeno" J. Shll'l1\o". l:"lulll' GOLDIIEIlG, KATZMAN I< SIIII'MAN, ('.c. 320 Markel SUeel. SIIBwLellY S'I"o,e 1'0. 110. 1268 lIarrilblllg.l'A 17108.1268 Allumey I.D. No, 51785 DONALD VEnNET IN THE COURT OF COMMON PLEAS CUM8ERLAND COUNTY, PENNA Plaintiff v. No: 02439.1995 ANDREAS 8ENDZIN Defcndalll NOTICE OF INTENT TO SEHVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Plaintiff C/o Michael 1.. Bangs, Esquire 302 South I Bth Street Camp HIli, PA 17011 PLEASE TAKE NOTICE that Defendant, Andreas Bendzln. Intends to selve a Subpoena Identical to the one that is attached to this notice. You Iiave twenty (20) da\'s from the date listed below In which to l1Ie of record and serve upon the undersigned an objection to the subpoena. If no objection Is made, the subpoena 111 a \' be sel\'rd , . ('l.H'lNW!::t\I:ill.()I'I'11lN:_,YI.vM-l11I (lltl~!:,!, _Q!,'__a~u.'lll!\l'lll Donald Vernet v. Andreas lIenddn F ilo No. 024J9-199~ SWPOCNA TO PROOO:E D<X.:U1:NTS 00 nil t-K,lS Foo DISOOVERY MSUANT TO RULE 4009....1l TO: Sollenberger Colon and Rectal Surgery, l.tll. (HImEl of Parson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followinq documents or things: Any and all records on Donald Vernet, D/0/B:12-7-59; 55': 188-52-6972J.J!,~luding but not limited to doctor'a reports. nurse a notea. hospital re:ords, x-ray reports, and bill. for all .ervices rendered. at GoldberR. Katzman ~ Shipman, P.C., 320 Harket St.. P.O. Box 1268, Harrisburg, PA 17108-1268 (~ddress) You may deliver or mail logible cooies of the docunentf: or produce things requested by this suLpoona, together with the certificate of c:arpliance, to the party making this request et the addrl"ss listed abovo. You have tho right to seek in advance the reasonable cost of preparing Ule copies or producing the things sought. I f you fai I to produce the docunents or things reQUired by this subp.:>en~ within twenty (20) daYI after its service, the party serving this subpoena rroy seek a court order CXJ1l'>e 11 i fog you to crnp 1 y with it. n-t I S SlJBPOENA WAS I SSUED AT 1HE REQJEST OF 11-1: FOlLON I NQ PERSON: NAl'El-ldfeuon J. Shipman, Esquire AOORESSI3'O Market St.. r.o. Box 12b~__ Harrisburg, PA 17018-1268 reLEPt-t:lNE: (717) 234-4161 stFRa-E (XUU 10 tI~ 1785 ______._.__. _.._ AITCWlNEY FOOl Defendant BY 11-1: <XUIT I DATE I Prothonotary/Clerk, civi 1 Division Sua I of the Goud. .--- -..-------.--- - Deputy cur. "/']7) PRAECIPE FOR I.ISTINU CASE FOR TRIAL (Must he typewrillenund suhmilled in duplicute) (Check one) x li,r JllR Y triul ul the uexlterm or civil court li.r triul without u jury q '.U ,") f:') ;1' f.( ',r. I "Ii, . ; 'q ., ,\11 l)' 'J N " ' \ .~ ., CJ ,Pi I) If.", ..,., '\ "(, -" .f I' lJ ) .. , " ~i I ,J' -... .- TO TIlE PROTIIONOT^RY OF l'IIMBI;RLAND ('()\INTY Plellse list the lilllowing ellse: ---------------------------.------------------------------------------------------------------------------------------ CAPTION OF CASE (entire cuption must he stlltcd in I'ull) (check one) nON ALl) VEI{NET, Pluintilr ( X ) Civil Action, LlIw ( ) Appeullhll11 Arhitrution ( ) \. \'s. (other) ANm{EAS In:NnZIN, Del'endunt The trillllist will he culled on April 21. 199K TRIALS commence on Muy I K, 199K PRETRIALS will he Iwld on April 29, I99K (hriels ure due 5 duys hctilfe prelriuls) (The purly listing this cuse lilr triul shull provide tilfthwith u copy or the pruecipe toull counsel. pursuunt to loclll Rule 214-1.) NO. 2439 CIVIl. 11)1)5 Indicutc the ullomey who will try clIse li,1' the pllrty who tiles this pl'lleclpe: Michael L. lIonll8, E811ulrc. Indicute triul counscllilr othcl' purties il'known: .Ieffersun .1. Sh1llllllln, Esquire This cuse is reudy lilr trill\. ~~rl:~e~;J~~;il\I\AI1~~~~iIS / Altol'l1ey li'r: Pluintll'l' ,.