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HomeMy WebLinkAbout02-4059MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ORVILLE C. HARDY, JR. 294 Running Pump Road Newville, PA 17241 Plaintiff Vo EARLE M. MITCHELL, dba EARLE MITCHELL ASSOCIATES 120 Park Terrace Harrisburg, PA 17111 and STEPHEN E. MITCHELL, dba EARLE MITCHELL ASSOCIATES 198 Kost Rd. Carlisle, PA 17113 and ALL AMERICAN PLAZAS, INC. d/b/a CARLISLE ALL AMERICAN 1181 Harrisburg Pike Carlisle, PA 17013, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. .qO,5' t : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : . : : : : : : : : : . : NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ORVILLE C. HARDY, JR. 294 Running Pump Road Newville, PA 17241 Plaintiff EARLE M. MITCHELL, dba EARLE MITCHELL ASSOCIATES 120 Park Terrace Harrisburg, PA 17111 and STEPHEN E. MITCHELL, dba EARLE MITCHELL ASSOCIATES 198 Kost Rd. Carlisle, PA 17113 and ALL AMERICAN PLAZAS, INC. d/b/a CARLISLE ALL AMERICAN 1181 Harrisburg Pike Carlisle, PA 17013, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : COMPLAINT Plaintiff, by and through his attorneys, Morgan & Morgan, P.C., hereby complains agaimt Defendants and avers as follows: 1. Plaintiff is an adult individual residing at the above address. 2. Defendants Earle M. Mitchell and Stephen E. Mitchell are adult individuals doing business as Earle Mitchell Associates and they reside and/or conduct business at the above mentioned addresses. 3. Defendant All American Plazas, Inc. is a business organization with a principal place of business at the above address. 4. At all times material hereto, Defendants acted individually or through their agents, servants and/or employees within the course and scope of their agency or employment. 5. At all times material hereto, Defendants individually, jointly and/or severally owned, leased, possessed and/or controlled the premises and property known as "Carlisle All American" located at 7029 Carlisle Pike, Carlisle, PA. 6. On or about December 31, 2000, Plaintiff was lawfully on the property and premises of 7029 Carlisle Pike, Carlisle, PA, in ordered to deliver fuel to the Defendants. 7. On or about December 31, 2000, Plaintiff did deliver and place fuel into fuel tanks at the aforesaid location, which tanks were at all times material hereto, owned, leased, possessed and/or controlled by the Defendants individually, jointly and/or severally. 8. On or about December 31, 2000, Plaintiff suffered severe and disabling injuries as a result of a fuel overflow that occurred in one of the aforesaid tanks on Defendants' property and premises. 9. As a result of the aforesaid accident, Plaintiff suffered severe and disabling injuries, including but not limited to, injuries to his nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing. 10. As a result of his injuries, Plaintiff incurred bills for medical care and rehabilitation, suffered loss of earnings and/or earning capacity and suffered loss of life's pleasures and diminution of daily activities, which are continuing. COUNT I PLAINTIFF v. EARLE M. MITCI-IELL dba EARLE MITCI-IE[.I. ASSOC. 11. Plaintiffincorporates herein by reference the allegations of paragraphs 1 through 10, as if fully set forth at length. 12. Plaintiff's injuries and damages are due to the negligence of Defendant, individually, jointly and/or severally, including: A. Causing or allowing a measuring stick to cause the aforesaid tank overflow; B. Causing or allowing a tank valve to remain open and thus cause an overflow when the tank was filled with fuel; C. Failing to warn persons such as Plaintiff of the risks posed by an open tank valve; D. Failing to close the aforesaid tank valve; E. Failing to discover that the said tank valve was open and/or that the measuring stick was in the said tank; F. Failing to remove the measuring stick from the tank; G. Failing to dose the tank valve, which caused the overflow of fuel; H. Failing to properly and adequately train agents and employees so as to prevent sticks from being left in the tank and/or prevent tank valves from remaining open; I. Failing to employ adequate procedures to prevent sticks from being left in fuel tanks and/or allowing tank valves to remain open. WHEREFORE, Plaintiff demands judgment against Defendant, individually, jointly and/or severally in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT II PLAINTIFF v. STEPHEN E. MITCHELL dba EARLE MITCHELL ASSOC. 13. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 10, as if fully set forth at length. 14. Plaintiff's injuries and damages are due to the negligence of Defendant, individually, jointly and/or severally, including: A. Causing or allowing a measuring stick to cause the aforesaid tank overflow; B. Causing or allowing a tank valve to remain open and thus cause an overflow when the tank was filled with fuel; C. Failing to warn persons such as Plaintiffofthe risks posed by an open tank valve; D. Failing to close the aforesaid tank valve; E. Failing to discover that the said tank valve was open and/or that the measuring stick was in the said tank; F. Failing to remove the measuring stick from the tank; G. Failing to close the tank valve, which caused the overflow of fuel; H. Falling to properly and adequately train agents and employees so as to prevent sticks from being left in the tank and/or prevent tank valves from remaining open; I. Failing to employ adequate procedures to prevent sticks from being left in fuel tanks and/or allowing tank valves to remain open. WHEREFORE, Plaintiff demands judgment against Defendant, individually, jointly and/or severally in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT IH PLAINTIFF v. ALL AMERICAN PLAZAS, INC. d/b/a CARLISLE ALL AMERICAN 15. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 10, as if fully set forth at length. 16. Plaintiff's injuries and damages are due to the negligence of Defendant, individually, jointly and/or severally, including: A. Causing or allowing a measuring stick to cause the aforesaid tank overflow; B. Causing or allowing a tank valve to remain open and thus cause an overflow when the tank was filled with fuel; C. Failing to warn persons such as Plaintiffofthe risks posed by an open tank valve; D. Failing to close the aforesaid tank valve; E. Failing to discover that the said tank valve was open and/or that the measuring stick was in the said tank; F. Failing to remove the measuring stick from the tank; G. Failing to close the tank valve, which caused the overflow of fuel; H. Failing to properly and adequately train agents and employees so as to prevent sticks from being left in the tank and/or prevent tank valves from remaining open; I. Failing to employ adequate procedures to prevent sticks from being left in fuel tanks and/or allowing tank valves to remain open. WHEREFORE, Plaintiff demands judgment against Defendant, individually, jointly and/or severally in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. DATED MORGAN & MORGAN, P.C. By ,~~~ Scbaec'W. Mor~b~dn, Esquire Attorneys for Plaintiff VERIFICATION Orville C. Hardy, Jr. states that he is Plaintiff`in this matter, and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belie£ He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. · eC. Hardy,~. ~ John R. Ninosky, Esquire I.D. #78000 ~OLDBERG~ KATZMAN& SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants, Mitchell ORVILLE C. HARDY, JR., Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW EARLE M. MITCHELL, dba EARLE : MITCHELL ASSOCIATES and : STEPHEN E. MITCHELL, dba : EARLE MITCHELL ASSOCIATES : and ALL AMERICAN PLAZAS, INC.,: d/b/a CARLISLE ALL AMERICAN : Defendants : NO. 02-4059 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendants, Earle M. Mitchell, dba Earle Mitchell Associates, and Stephen E. Mitchell, dba Earle Mitchell Associates, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. JoWn R. Ninosky, EsqUire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Mitchell DATE: September 23, 2002 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on September 23, 2002: Scott W. Morgan, Esquire Morgan & Morgan, P.C. 120 South Street Harrisburg, PA 17101-1210 Attorneys for Plaintiffs Ail American Plazas, Inc., d/d/a Carlisle Ail American 1181 Harrisburg Pike Carlisle, PA 17013 85207.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Mitchell WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Mark T. Gallagher, Esquire Identification N°: 41362 The Belgravia 1811 Chestnut Street Suite 600 Philadelphia, PA 19103 (215) 564-4597 Attorney for Defendant, All American Plaza, Inc. ORVILLE C. HARDY, JR. 294 Running Pump Road Newville, PA 17241 VS. EARLE M. MITCHELL, dba EARLE MITCHELL ASSOCIATES 120 Park Terrace Harrisburg, PA 17111 and STEPHEN E. MITCHELL, dba EARLE MITCHELL ASSOCIATES 198 Kost Road Carisle, PA 17113 and ALL AMERICAN PLAZAS, INC. ENTRY OF APPEARANCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-4059 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, All American Plazas, Inc. in the above-captioned matter. WEBER GALLAGltER SIMPSON STAPLETON FIRES & NEWBY LLP By: M~. Gallagher, Esquire John P. Coyle, Esquire Attorneys for Defendant, Ail American Plazas, Inc. Dated: Septembey 27, 2002 CERTIFICATE OF SERVICE I, Mark T. Gallagher, Esquire and John P. Coyle, Esquire attorneys for defendant, All American Plazas, Inc. do hereby certify that I have served on the following parties a true and correct copy of the foregoing document and in the manner indicated below: Document: ENTRY OF APPEARANCE Service by: United States First Class Mail Addressed as follows: Prothonotary Cumberland County 1 Courthouse Square Carlisle, PA 17013 Scott W. Morgan, Esquire Morgan & Morgan PC 120 South Street Harrisburg, PA 17101 ATTORNEY FOR PLAINTIFF By: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Attorneys for Defendant, All American Plazas, Inc. The Belgravia 1811 Chestnut Street 6th Floor Philadelphia, PA 19103 (215) 564-4597 Dated: September 27, 2002 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARDY ORVILLE C JR VS MITCHELL EARLE M ET AL R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT to wit: MITCHELL EARLE M DBA EARLE MITCHELL ASSOCIATES , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and bailiwick. County, He therefore Pennsylvania, but was unable to locate Him in his deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE to On October 2nd 2002 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 29.25 .00 66.25 10/02/2002 MORGAN & MORGAN Sheriff of Cumberland County Sworn and subscribed to before me this y~ day of ~ A. D. Prothonotary SHERIFF'S RETURN - CASE NO: 2002-04059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARDY ORVILLE C JR VS MITCHELL EARLE M ET AL REGULAR HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon MITCHELL STEPHEN E DBA EARLE MITCHELL ASSOCIATES the DEFENDANT , at 0904:00 HOURS, on the 3rd day of September, 2002 at 198 KOST RD CARLISLE, PA 17113 by handing to GARY MITCHELL, PRESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 20 . 14 Sworn and Subscribed to before me this ~ ~ day of ~ ~Z~w~ ~ A.D. ! ~rothonotary So Answers: R. Thomas Kline 10/02/2002 MORGAN & MORGAN By: Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-04059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARDY ORVILLE C JR VS MITCHELL EARLE M ET AL REGULAR HAROLD WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon ALL AMERICAN PLAZAS INC DBA CARLISLE ALL AMERICAN Sheriff or Deputy Sheriff of who being duly sworn according to law, the DEFEND~NT , at 0910:00 HOURS, at 1181 H3~RRISBURG PIKE CARLISLE, PA 17013 KIM SEILER on the 3rd day of September, 2002 by handing to CORPORATE CREDIT MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 4 14 00 10 00 00 20 14 Sworn and Subscribed to before me this y ~' day of ~ ~6~2~ A.D. ~ ~Prot~Onotary - So Answers: R. Thomas Kline 10/02/2002 MORGAN & MORGAN By: Deputy Sheriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Peunsylvunia 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 County of Dauphin AIqD NOW:August 29, COMPLAINT MITCHELL EARLE M D/B/A EARLE MITCHELL ASSOCIATES to HELEN MITCHELL of the original COMPLAINT to him/her the contents thereof at 120 PARK TERRACE HBG, PA 17111-0000 : HARDY ORVILLE C JR vs : MITCHELL EARLE M D/B/A EARLE MITCHELL Sheriff's Return No. 2079-T - -2002 OTHER COUNTY NO. 02-4059 2002 at 8:45AMserved the within upon by personally handing i true attested copy(les) and making known Sworn and subscribed to )efore me this 25TH day of SEPTEMBER, 2002 PROTHONOTARY SO A/lswers, Sherif~hi~~Pa. Sheriff's Costs: $29.25 PD 09/05/2002 RCPT NO 165744 ET SERVE: In The Court of Commoa Plms of Cumberland County, Pennsylvania Orville C. Hardy Jr. VS. Earle M. Mitchell dba E~rle Mitchell Associates et al s~ne No. 02 4059 civil Now, Augus~ 27, 2002 ~ I, SHEP~FF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of m,.~in County to execute this Writ, this deputation being made at the request andrisk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service ~X~OW~ within ,20___, at o'clock __ M. served the upon at by handing to and madeknownto copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of _, 20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Mark T. Gallagher, Esquire Identification N°: 41362 John P. Coyle, Esquire Identification N°: 79137 The Belgravia 1811 Chesmut Street Suite 600 Philadelphia, PA 19103 (215) 564-4597 Attomeys for Defendant ORVILLE C. HARDY, JR. 294 Running Pump Road Newville, PA 17241 VS. EARLE M. MITCHELL, dba EARLE MITCHELL ASSOCIATES 120 Park Terrace Harrisburg, PA 17111 and STEPHEN E. MITCHELL, dba EARLE MITCHELL ASSOCIATES 198 Kost Road Carisle, PA 17113 and ALL AMERICAN PLAZAS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-4059 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendants., Earle M. Mithchell d/b/a Earle Mitchell Associates and Stephen E. Mitchell d/b/a Earle Mitchell Associates, in the above- captioned matter. By: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP MJ~c T.'Gallagher, l~quire Jo}fin P. Coyle, Esquire Attorneys for Defendants Dated: January 3, 2003 CERTIFICATE OF SERVICE I, John P. Coyle, Esquire do hereby certify that I have served on the following parties a true and correct copy of the foregoing document and in the manner indicated below: Document: ENTRY OF APPEARANCE Addressed as follows: via United States First C][ass Mail Prothonotary Cumberland County 1 Courthouse Square Carlisle, PA 17013 via facsimile & United States First Class Mail Scott W. Morgan, Esquire Morgan & Morgan PC 120 South Street Harrisburg, PA 17101 ATTORNEY FOR PLAINTIFF WEBER GALLAGHKR SIMPSON STAPLETON FIRES & NEWBY LLP By: Jq~m P. Co~le, Esquirqg Attorneys for Defendants The Belgravia 1811 Chestnut Street 6th Floor Philadelphia, PA 19103 (215) 564-4597 Dated: January 3, 2003 NOTICE TO PLEAD: To: Plaintiff WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Mark T. Gallagher, Esquire Identification N°: 41362 John P. Coyle, Esquire Identification N°: 79137 The Belgravia 1811 Chestnut Street Suite 600 Philadelphia, PA 19103 (215) 564-4597 You are hereby noticed to plead to the within NeW Matter within twenty (20) days of service hereof or a judgment may be entered against you,. Weber Gallagher Simpson [ Attorheys for Defenda~ Attorneys for Defendants ORVILLE C. HARDY, JR. 294 Running Pump Road Newville, PA 17241 VS. EARLE M. MITCHELL, dba EARLE MITCHELL ASSOCIATES 120 Park Terrace Harrisburg, PA 17111 and STEPHEN E. MITCHELL, dba EARLE MITCHELL ASSOCIATES 198 Kost Road Carisle, PA 17113 and ALL AMERICAN PLAZAS, INC. IN THE COURT OF COMMON PLEAS CUMBEKLAND COUNTY, PENNA. NO. 02-4059 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFiENDANTS TO PLAINTIFF'S COMPLAINT Answering Defendants, Earle M. Mitchell d/b/a Earle,' Mitchell Associates, Stephen E. Mitchell d/b/a Earle Mitchell Associates, and All American Plazas, Inc., by and through their attorneys, Weber Gallagher Simpson Stapleton Fires & Newby LLP, hereby answers plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 and, therefore, the defendants deny the allegations and demand strict proof thereof at the trial of this case, if relevant. 2. Denied. The allegations contained in paragraph 2 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. 3. Admitted. 4. Denied. The allegations contained in paragraph 4 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, the allegations contained in paragraph 4 are denied. All allegations of agency are specifically denied inasmuch as the purported agents, servants, workmen and/or employees have not been identified. 5. Denied. The allegations contained in paragraph 5 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. 6. Denied. The allegations contained in paragraph 6 are conclusions of law to 2 which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To · the extent a responsive pleading is required, the allegations contained in paragraph 6 of plaintiff's complaint are denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 6 and, therefore, the defendants deny the allegations and demand strict proof thereof at the trial of this case, if relevant. 7. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 7 and, therefore, the defendants deny the allegations and demand strict proof thereof at the trial of this case, if relevant. The; remaining allegations contained in paragraph 7 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. 8. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 8 and, therefore, the defendants deny the allegations and demand strict proof thereof at the trial of this case, if relevant. 9. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9 and, therefore, the defendants deny the allegations and demand 3 strict proof thereof at the trial of this case, if relevant. 10. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 10 and, therefore, the defendants deny the allegations and demand strict proof thereof at the trial of this case, if relevant. ..COUNT I PLAINTIFF v. EARLE M. MITCHELL dba EARLE MITCHELL ASSOC. 11. The answering defendants incorporate by reference the answers to paragraphs one (1) through ten (10) inclusive, as fully as though the sarrie were set forth at length. 12. Denied. The allegations contained in paragraph 12 are conclusions of law A. Denied. The allegations contained in sub-paragraph A. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, the allegations contained in paragraph 12 of plaintiff's Complaint are denied. It is specifically denied that answering defendant at any time relevant to this action acted negligently individually, jointly and/or severally. Answering defendant further avers: denied answering defendant caused or allowed a measuring stick to cause the aforesaid tank overflow; B. Denied. The allegations contained in sub-paragraph B. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant caused or allowed a tank valve to remain open and thus cause an overflow when the tank was filled with fuel; C. Denied. The allegations contained in sub-paragraph C. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied any warning was required or that answering defendant failed to wam persons such as Plaintiff of the risks posed by an open tank valve, such alleged duty being expressly denied; D. Denied. The allegations contained in sub-paragraph D. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the aforesaid tank valve and strict proof thereof is demanded at the time of trial; E. Denied. The allegations contained in sub-paragraph E. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the aforesaid tank valve and strict proof thereof is demanded at the time of trial; F. Denied. The allegations contained in sub-paragraph F. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and ~trict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to remove the measuring stick from the tank or had a duty to do so. Strict proof thereof is demanded at the time of trial; G. Denied. The allegations contained in sub-paragraph G. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the tank valve, had a duty to do so, or that the tank valve caused the overflow of fuel. Strict proof thereof is demanded at the time of trial; H. Denied. The allegations contained in sub-paragraph H. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no 6 responsive pleadings, are therefore denied, and Strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, the allegations contained in sub-paragraph H. are denied. All allegations of agency are specifically denied inasmuch as the purported agents, servants, workrrten and/or employees have not been identified; I. Denied. The allegations contained in sub-paragraph I:, are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevafit. WHEREFORE, answering defendants; pray plaintiff's Complaint be dismissed with prejudice. COUNT II PLAINTIFF v. STEPHEN E. MITCHELL dba EARLE MITCHELL ASSOC. 13. The answering defendants incorporate by reference the answers to paragraphs one (1) through twelve (12) inclusive, as fully as though the same were set forth at length. 14. Denied. The allegations contained in paragraph 14 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, the allegations contained in paragraph 14 of plaintiff's Complaint are denied. It is specifically denied that answering defendant at any 7 time relevant to this action acted negligently individually, jointly and/or severally. Answering defendant further avers: A. Denied. The allegations contained in sub-paragraph A. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant caused or allowed a measuring stick to cause the aforesaid tank overflow; B. Denied. The allegations contained in sub-~aragraph B. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof' thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant caused or allowed a tank valve to remain open and thus cause an overflow when the tank was filled with fuel; C. Denied. The allegations contained in sub-paragraph C. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied any warning was required or that answering defendant failed to warn persons such as Plaintiff of the risks posed by an open tank valve, s~tch alleged duty being expressly denied; D. Denied. The allegations contained in sub-paragraph D. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the aforesaid tank valve and strict proof thereof is demanded at the time of trial; E. Denied. The allegations contained in sub-paragraph E. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore d6nied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the aforesaid tank valve and strict proof thereof is demanded at the time of trial; F. Denied. The allegations contained in sub-paragraph F. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to remove the measuring stick from the tank or had a duty to do so. Strict proof thereof is demanded at the time of trial; G. Denied. The allegations contained in sub-paragraph G. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the 9 time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the tank valve,, had a duty to do so, or that the tank valve caused the overflow of fuel. Strict proofthereofis demanded at the time of trial; H. Denied. The allegations contained in sub-paragraph H. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, the allegations contained in sub-paragraph H. are denied. All allegations of agency are specifically denied inasmuch as the purported agents, servants, workmen and/or employees have not been identified; I. Denied. The allegations contained in sub-paragraph I. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. WHEREFORE, answering defendants pray plaintiff's Complaint be dismissed with prejudice. COUNT III PLAINTIFF v. ALL AMERICAN PLAZAS, INC. d/b/a CARLISLE ALL AMERICAN 15. The answering defendants incorporate by reference the answers to paragraphs one (1) through fourteen (14) inclusive, as fully as though the same were set 10 forth at length. 16. Denied. The allegations contained in paragraph 16 are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, the allegations contained in paragraph 16 of plaintiff's Complaint are denied. It is specifically denied that answering defendant at any time relevant to this action acted negligently individually, .jointly and/or severally. Answering defendant further avers: 'A. Denied. The allegations contained in sub-paragraph A. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant caused or allowed a measuring stick to cause the aforesaid tank overflow; B. Denied. The allegations contained in sub-paragraph B. are conclusions of law to which the Pennsylvania Rules of Civiil Procedure require no responsive pleadings, are therefore denied, and strict proof 'thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant caused or allowed a tank valve to remain open and thus cause an overflow when the tank was filled with fuel; C. Denied. The allegations contained in sub-paragraph C. are 11 conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied any warning was required or that answering defendant failed to warn persons such as Plaintiff of the risks posed by an open tank valve, such alleged duty being expressly denied; D. Denied. The allegations contained in sub-paragraph D. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict pi'oofthereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the aforesaid tank valve and strict proof thereof is demanded at the time of trial; E. Denied. The allegations contained in sub-paragraph E. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the aforesaid tank valve and strict proof thereof is demanded at the time of trial; F. Denied. The allegations contained in sub-paragraph F. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the 12 time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to remove the measuring stick from the tank or had a duty to do so. Strict proof thereof is demanded at the time of trial; G. Denied. The allegations contained in sub-paragraph G. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, it is specifically denied answering defendant failed to close the tank valve, had a duty to do so, or that the tank valve caused the overflbw of fuel. Strict proof thereof is demanded at the time of trial; H. Denied. The allegations contained in sub-paragraph H. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. To the extent a responsive pleading is required, the allegations contained in sub-paragraph H. are denied. All allegations of agency are specifically denied inasmuch as the purported agents, servants, workmen and/or employees have not been identified; I. Denied. The allegations contained in sub-paragraph I. are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings, are therefore denied, and strict proof thereof is demanded at the time of trial, if relevant. 13 WHEREFORE, answering defendants pray plaintiff's Complaint be dismissed with prejudice. By: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Mtrk ~. Gallagher, Esqgire John P. Coyle, Esquire Attorneys for Defendants .NEW MATTER By way of further answer, the answering defendants aver the following New Matter: 1. If it is determined that answering defendants are liable on the plaintiffs' cause of action, the answering defendants aver that the plaintiffs' recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102. 2. It is further averred that if the plaintiffs Suffered any injuries/damages as alleged, they were caused solely and primarily by plaintiffs' ,own carelessness, recklessness and negligence. 3. It is further averred that if the plaintiffs suffered any injuries/damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of the third parties both unknown to the answering defendants and over whom answering defendants had no control. 4. It is further averred by the answering defendants that if the plaintiffs suffered any injuries/damages as alleged, said plaintiffs by their conduct assumed the risk of those 14 injuries/damages. 5. It is further averred by the answering defendants that the plaintiffs' causes of action are barred by the appropriate Statute of Limitations. 6. In the event the plaintiffs request damages flor delay pursuant to Rule 238 of the Pennsylvania Rules, answering defendants hereby challenge the applicability and constitutionality of said Rule, place it at issue and demand a hearing on the matter. 7. Answering defendants aver that plaintiffs' alleged injuries, damages and treatment are unreasonable and excessive in light of the facts of this case. 8. Answering defendants aver that plaintiffs have failed to take all reasonable and necessary steps to mitigate damages and injuries allegedly suffered in this case. 9. Answering defendants aver that either some or all of plaintiffs' alleged injuries, damages and treatment are unrelated to the accident and/or incident which is the basis for this lawsuit. 10. Answering defendants deny each and every other allegation in all causes of action not heretofore denied. Dated: January l4,2003 By: WEBER GALLAGHER SIMPSON STAPL~TON FIRES & NEWBY LLP _b4firk T. Gallagher, ~Esquire John P. Coyle, Esquire Attorneys for Defendants 15 VERIFICATION The undersigned hereby deposes and says that he is Counsel for Defendants and having read the attached pleading verifies that the within pleadings are true and correct to the best of signer's knowledge, information and belief. The verification is made subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. Date: CERTIFICATE OF SERVICE I, John P. Coyle, Esquire, do hereby certify that I have served on the following parties a true and correct copy of the foregoing document and in the manner indicated below: Document: ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT Addressed as follows: via Federal Express Prothonotary Cumberlm~d County 1 Courthouse Square Carlisle, PA 17013 1/16/03 via Facsimile & United States First Class Mail Scott W. Morgan, Esquire Morgan & Morgan PC 120 South Street Hamsburg, PA 17101 ATTORNEY FOR PLAINTIFF 1/14/03 By: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Gallagher, F~quire~ John P. Coyle, Esquire Attorneys for Defendants The Belgravia 1811 Chestnut Street 6th Floor Philadelphia, PA 19103 (215) 564-4597 Dated: January 16, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HARDY ALL AMERICAN PLAZAS, : NO. 024059 ET AL : CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PUBSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOHN P COYLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3.No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to. the Notice of Intent to Serve the Subpoena(s). Date: 06/19/03 JOHN P COYLE, ESQUIRE 1811 CHESTNUT ST SUITE 600 PHILA, PA 19103 215-564-4597 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 INC. By: Susan Tyre File #: R299864 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HARDY VS. ALL AMERICAN PLAZAS, ET AL NO. 024059 TO: SCOTT MORGAN, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 05/29/03 Enc(s): File #: Copy of subpoena(s) Counsel return card R299864 JOHN P COYLE, ESQUIRE 1811 CHESTNUT ST SUITE 600 PHILA, PA ].9103 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre HARDY VS. ALL AMERICAN PLAZAS, co--TH OF p~ISYLVANIA ET AL File No. 024059 TO: SIJ~POENA TO PROOUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 THOMAS WILKEN, ESQ, C/O MORGAN & WILKEN, ].20 SOUTH ST HARRISBURG PA 17101 (Nm of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to ppoduce the following ADDEN bYvi MEDICAL LEGAL EEPRODUCTIONSfA~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible co~ies of the doc~nents or produce things requested this subpoena, tc~3ether with the certificate of ccm~liance, to the pamty making thi[ mequest at the address listed above. You haye 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) d&ys after its service, the party serving this subpoena may seek a court order' ~,~ellin9 you to ~,~ly with it. THIS SUBPOENAWAS ISSUED ATTHERE(~IESTOFTHEFOLLOWlNOPERSON: NAME: JOHN P COYLE, ESQ ADORES~: i~[-1--~ST ~H±i~, ~ 19103 215-335-3212 TELEPHONE: SUPRE~ COURT ID # ATTORNEY FOR: DEFENDANT R299864-01 DATE: ~ 3. ~ S~a] of the O~t BY ThE OOURT: prOthonotery~/CYerk, Civi 1 Division (Eff. ~/97) ADDENDUM TO SUBPOENA HARDY Vs. ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: THOMASWILKEN, ESQ ANY AND ALL NON-PRIVILEGED RECORDS, REPORTS, NOTES, DEPOSITION TRANSCRIPTS, ETC. DISCOVERY, PERTAINING TO: NAME: ADDRESS: DATE 0F BIRTH: SSAN: ORVILLE HARDY 294 RUNNING PUMP RD 03/22/49 149408866 NEWVILLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COI',IPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best .of my knowledge: information and belief all documents or thxngs above mentxoned have been produced. ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-01 Authorized signature for THOMAS WILKEN, ESQ *** SIGN AND RETURN THIS PAGE *** HARDY VS. ALL AMERICAN PLAZAS, ~ OF CUMB~J~m~ ET AL File No. 024059 TO: SUBPOENA TO PROOUCE DOOJ~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 COLUMBIA ENERGY GROUP, 225 E MAIN ST, RICHLAIqD PA 17087 ATTN: TIM PORTER (Name of Person or Entity) within twenty (20) days after service of this subpoena, yo~ ere o~dered by the court to produce the 1:ol lowing documents ~g~~ MEDICAL LEGAL REPRODUCTIONSfA~st940 DISSTON ST., PEILA., PA You may deliver or mail legible copies of the doctrnents or produce things requested this subpoena, together with the certificate of coroliance, to the party making thi~ request at the address listed above. You haye the right to seek in advance the reasonable cost of preparing the copies or producin9 the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving thi~ subpoena may seek a court orde,- ca,.,~ellin9 you to cu,~ly With it. TH I S S~J~POENA WAS ISSUED AT THE REQUEST OE THE FOLLOWING PERSON.' TELEPHONE: SUPREPE COURT ID ~__ ATTORNEY FOR: JOHN P COYLE, ESQ 1~ ST 19103 215-335-3212 DEFENd)ANT R299864-02 DATE: ~ ..~ ~7~2 3 S~al of 'the Oourt BY THE COURT: prOthonotary~Clerk, Civil Division / / ~ty (Elf. 7/97) ADDENDUM TO SUBPOENA HARDY ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: COLUMBIA ENERGY GROUP ANY EMPLOYMENT APPLICATIONS, EARiqINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY kND ALL MEDICAL RECORDS AIqD REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTA1TM TO: DATE NAME: ADDRESS: OF BIRTH: SSAN: ORVILLE HARDY 294 RUNNING PUMP RD 03/22/49 149408866 NEWVILLE PA ANY AND ALL EMPLOYMENT, PERSONNEL, SALARY INFORMATION, INJURY REPORTS, EMPLOYMENT EVALUATIONS, JOB DESCRIPTION, APPLICATION FOR EMPLOYMENT, ETC. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTSAVAILABLE: I hereby certify tlhat a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-02 Authorized signature for COLUMBIA ENERGY GROUP *** SIGN AND RETURN THIS PAGE *** HARDY Vs. ALL AMERICAN PLAZAS, ~TH OF ET AL File No. 024059 TO: SUBPOENA TO PROOUCE DOC~UHENTS OR THINGS FOR D I SCOVERY PURSUANT TO RULE 4009.22 DR ED VIAGOLO, C/O PENN REHAB ASSOCS, 2151 LINGLESTOWN RD STE 240 HARRISBURG PA 17110 (Name of Person o~ Entity') Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to produce the fol lowing do~t.~ MEDICAL LEGAL REPRODUCTIONSfA~sf940 DISSTON ST., PHILA., PA You may delive~ o~ mail lecjible copies of the documents o~ produce things requested this subpoena, togethe~ with the certificate of cowoliance, to the pa~tymaking thi[ request at the add~ess listed above. You have the right to seek in advance the rea~onabl~ cost of preparing the copies or producing the things sought. If you fail to produce the documents o~ things required by this subpoena within twenty (20) days &fte~ its semv~ce, the party serving thin subpoena may seek a court or'de~- cu,~ellir~J you to c~%~ly with it. THIS SUBPOENA WAS ISSUED AT THE RE(~UEST O~ THE FOLLOWING PERSON: TELEPHONE: :SUPREME COURT ID A]-TORNEY FOR: JOHN P COYLE, ESQ 1 ~2_ J2~u/~L ST Fni~, PA 19103 215-335-3212 DEFENDANT R299864-03 SePal or'he Court BY THE COURT: Prothonota~y/d~e~k, Civil Division / / D~puty (Eff. 7/97) ADDENDUM TO SUBPOENA HARDY Vs. ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: DR ED VDkGOLO ANY AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTINS, REFERRALS, RECORDS FROM OTHER PHYSICIANS OR ATTORNEYS, ETC. PERTAINING TO: NAME: ADDRESS: DATE 0F BIRTH: SSAN: ORVILLE HARDY 294 RUNNING PUMP RD 03/22/49 149408866 NEWVILLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-03 Authorized signature for DR ED VIAGOLO *** SIGN AND RETURN THIS PAGE *** HARDY Vs. ALL AMERICAN PLAZAS, ~TH OF p~k~SYLVANIA ODONTY OF ~ ET AL File No. 024059 TO: SUBPOENA TO PROEXJCE DOCUHENTS OR THINGS FOR D I SCOVERY PURSUANT TO RULE 4009.22 CHRISTOPHER ROYER, PSYD, 4950 WILSON LN, MECHANICSBURG PA 17055 (Name of Person o~ Entity) within twenty (20) days after service of this subpoena, you are ocdeced by the court to produ¢ th, ollo in 6:x u ents OrStg p :TTAci. D ADDEN i Jvi MEDICAL LEGAL REPRODUCTIONS~A~s~940 DISSTON ST., PHILA., PA Yo~ may deliver o~ mail legible copies of the doc%~nents o~ produce things requested bt this subpoena, togethe~ with the certificate of cu,uliance, to the pa~ty making this request at the add~ess listed above. You have the right to seek in advance the rea~onabIe cost of prepar~m9 the copies or producing the things sought. If you fail to produce the doctrnents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde~- ~,oelling you to c~',oly with it. THIS SLEU::~NA WAS ISSUED AT THE REC(JEST OF THE FOLLONING PERSON: NAME: JOHN P COYLE, ESQ ADOEESS: 18-!-~ ST ~MI~, PA 'i9i03 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: - 215-335-3212 DEFENDANT R299864-04 DATE: ~eal o~ the Oourt BY THE COURT: Prothonotary/~:l~rk, Civil oivisio~ D~mlty (Elf. 7/97) ADDENDUM TO SUBPOENA HARDY Vs. ALL AMERICAN PLAZAS, ET AL CUSTODIAN OF RECORDS FOR: No. 024059 CHRISTOPHER ROYER, PSYD ANY AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTINS, REFERRALS, RECORDS FROM OTHER PHYSICIANS OR ATTORNEYS, ETC. PERTAINING TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: ORVILLE HARDY 294 RUNNING PUMP RD 03/22/49 149408866 NEWVILLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDSAREATTACHED HERETO:I hereby certify as custodian of records that, to the best Df my knowledge, information and belief all documents or things above mentioned have been produced. ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-04 Authorized signature for CHRISTOPHER ROYER, PSYD *** SIGN AND RETURN THIS PAGE *** HARDY Vs. ALL AMERICAN PLAZAS, ~TH OF p~%E~-"fLVANIA COUNTY OF : File No. 024059 ET AL : : ORIGINAL X-PAYS REQUESTED TO: SUBPOENA TO PROOUCE ~NTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MAGNETIC IMAGING CTR, 4665 TRINDLE RD, MECHANICSBURG PA 17055 (Name of Person o~ Entity') Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to MEDICAL LEGAL REPRODUCTIONS~A~sf940 DISSTON ST., PHILA., PA You may delive~ or mail legible copies of the documents o~ produce things requested bt th~s subpoena, togethe~ with the certificate of c~,~liance, to the pa~tymaking thi~ request at the add~ess listed above. You have the might to seek in advance the reasonable cost of preparing the c~pies or producing the things sought. If you fail to produce the doc~nents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoermmmy seek s court orde~- ~,~elling you to c~ly with it. THIS SUBPOENA WAS ISSUED AT THE RE(;~EST OF THE FOLLOWING PERSON: NAME: JOHN P COYLE, ESQ ADORESS: 1~ ST FH-hA, PA 19103 TELEPHONE: SUPRE~ (XYJ~T ID 215-335-3212 ATtORNEY FOR: DEFENDANT R299864-05 DAT~: ~ ~ ~L~ ~Seal of~ the Oou~t BY THE COURT: prOthonotary/C{~, Civil oivisio~ ' ' Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HARDY Vs. ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: MAGNETIC IMAGINGCTR ANY AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTINS, REFERRALS, FILMS, ETC. PERTAINING TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: ORVILLE HARDY 294 RUNNING PUMP RD 03/22/49 149408866 NEWVILLE PA ORIGINAL X-R3kYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN ] RECORDS AREAFTACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-R3%YS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-05 Authorized signature for MAGNETIC IMAGING CTR *** SIGN AND RETURN THIS PAGE *** HARDY VS. ALL AMERICAN PLAZAS, CO--TH OF P~SYLVANIA ON3NTY OF ET AL File No. 024059 TO: SUBPOENA TO PROOUCE DOCUMENTS OR 'i'HI NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP, 246 PARKER ST STE 310, CARLISLE PA 17013 ATTN: MEDICAL RECORDS DEPT (Name of Person or' Entity) Within twemty (20) days after service of this subpoena, you are ordered by the court to prc~luce the fo1 lo~ing docul~ent.~ or~.~pg~: MEDICAL LEGAL REPRODUCTIONSfA~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested this subpoena, together with the certificate of co~liance, to the party making thi~ request at the address ~isted 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 doc~nents or things required by this subpoena within twenty (20) days after its sm'vice, the party serving this subpoena may seek a court orde~- o~,~ellir~3 you to ~,~ly with it. THIS SUBPOENA WAS ISSUED AT THE RE(;&JEST OF THE FOLLOWING PERSON: TELEPHONE: ~t. JPRE~'~ COURT ID # ATTORNEY FOR: JOHN P COYLE, ESQ Fn±LA, PA 19103 215-335-3212 R299864-06 DATE: DEFENDANT S(eal of ~he Oourt BY THE COURT: prothonotary/~lerk, Civil Division ~3uty (Eff. 7/97) ADDENDUM TO SUBPOENA HARDY ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: CARLISLE HOSP AlqY AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTIONS, INPATIENT, OUTPATIENT, EMERGENCY ROOM, LAB REPORTS, DISCHARGE SUMMARIES, OPERATIVE REPORTS, ADMISSION SUMMARIES, ETC. PERTAINING TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: ORVILLE HARDY 294 RUA/NING PUMP RD 03/22/49 149408866 NEWVILLE PA ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN [ ] ] RECORDSAREATTACHED HERETO:I hereby certify as custodian of records that, to the best ~f my knowledge, information and belief all documents or things above mentioned have been produced. NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-P~AYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-06 Authorized signature for CARLISLE HOSP *** SIGN AND RETURN THIS PAGE *** HARDY VS. ALL AMERICAN PLAZAS, O30NTY OF ~ ET AL File No. 024059 ORIGINAL X-RAYS REQUESTED TO: SUBPOENA TO PROOUCE DOCLIflENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP-X, 246 PARKER ST STE 310, CARLISLE PA 17013 ATTN: RADIOLOGY DEPT (Name of Perso~ or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to at MEDICAL LEGAL REPRODUCTIONSfA~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible co~ies Of the doct~e~ts o~ produce things requested bt this subpoena, to~ether with the certificate of cc~lience, 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 co~ies or producing the things sought. If you fail to produce the documents or things required by this sub;x~ena within twenty (20) days after its service, the party serving 'thin subpoena n~y seek a court orde~' c.,.~q~elling you to cu',~ly with it. TH I $ SUBPOENA WAS ISSUED AT THE REGLJEST OE THE FOLLOW I NG PERSON: NAME: JOHN P COYLE, ESQ ADORESS: TELEPHONE: SUPREPE COURT ID # ATTORNEY FOR: 1811 CHF8m~lm ST ~£.~-s., PA i9i03 215-335-3212 DEFENDANT R299864-07 DATE: ~.z.~.~ 5 ~J3 S/eal of ~:he Cotmt BY THE C03RT: prOthonotary~Cl~k, Civil Divisio~ · ' Deputy (Elf. 7/97) ADDENDUM TO SUBPOENA HARDY VS. ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: CARLISLE HOSP-X A/qY AND ALL STUDIES AND FILMS. PERTAINING TO: NAME: ORVILLE HARDY ADDRESS: 294 RUI~NING PUMP RD DATE OF BIRTH: 03/22/49 SSAN: 149408866 NEWVILLE PA ORIGINAL X-P~AYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN ] RECORDSAREAFFACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-P~AYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAiqD R299864-07 Authorized signature for CARLISLE HOSP-X *** SIGN AND RETURN THIS PAGE *** HARDY VS. ALL AMERICAN PLAZAS, ~LTH OF p~qNSYLVANIA ET AL File No. 024059 TO: SUBPOENA TO PROOUCE DOCUHENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR JAMES HAMSHER AND, DR STEPHEN DAILEY-ORTHO INST, CAMP HILL PA 17011 875 POPLAR CHURCH R (Name of Person oc Entity) within twenty (20) days afte~ service of this subpoena, you a~e o~demed by the court to MEDICAL LEGAL REPRODUCTIONScA~eC~s)4940 DiSSTON ST., PHILA., PA You may deliver or mail legible copies of the d°ct~nts or produce things requested this subpoena, together with the certificate of cu,uliance, to the party making thi~ request at the address listed above. You have the right to seek in advance the rea~onab%e cost of preparing the copies or producing the things sought. If you fail to produce the doc~r~ents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court ccde~- o~','~eiling you to ~,~ly with it. TH I S SUBPOENA WAS ISSUED AT THE REQUEST O~ THE F~_LOWING PERSON: NAME: JOHN P COYLE, ESQ ADOEESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: ~, PA 19103 215-335-3212 DEFENDANT R299864-08 OAT : 3 S~a! of ~he Court BY THE COURT: protho~otary/C~/e(~ll~, Civil Divisioo D~uty (Eff. 7/97) ADDENDUM TO SUBPOENA HARDY Vs. ALL AMERICAN PLAZAS, ET AL CUSTODIAN OF RECORDS FOR: DR JAMES HAMSHER AND ANy AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTINS, RECORDS FROM OTHER PHYSICIANS, TELEPHONE MESSAGES, No. 024059 REFERRALS, ETC. PERTAINING TO: NAME: ORVILLE HARDY ADDRESS: 294 RUNNING PUMP RD DATE OF BIRTH: 03/22/49 SSAN: 149408866 NEWVILLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTSAVA1LABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-08 Authorized signature for DR JAMES HAMSHER AND *** SIGN AND RETURN THIS PAGE *** HARDY VS. -'ALL AMERIC~ PLAZAS, ET AL File No. 024059 ORIGINAL X-RAYS REQUESTED TO: ~3~_POENA TO pRCOUCE ~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 FREDRICKSEN OUTPATIENT, 2015 TECHNOLOGY PKW~, MECHANICSBI/RG PA 17050 (N~e of Person o~ Entity) within twenty (20) days afte~ service of this subpoena, you ~e ~d~ by the c~rt to price ~he foll~ng ~t~ at ,EDZem. ,.EGm. REPRODUeTZO ScAJa S 9 0 DZSSTO ST., You may delive~ o~ mail legible copies of the docunents o~ produce things requested bi this subpoena, togethe~ with the certificate of coN31iance, to the party making this request at the address listed above. You have the right, to seek in advance the rea~onabl~ cost of preparing the copies or producing the things sought. If you fail to produce the documents c~ things required by this subpoema within twenty (20) days afte~ its service, the party serving 'thin subpoena may seek a court orde~- ou,~elling you to ~',~ly with it. THIS StJBPOENAWAS ISSUED AT THE REGUEST OF THE FOLLCWlNG PERSON: TELEPHONE: SUPREME COURT ID #__ ATTORNEY FOR: JOHN P COYLE, ESQ PHiLA, PA 19103 215-335-3212 DEFEND~=NT R299864-09 DATE: ~ 3 ~O~ ~eal of {he Court BY TFE COURT: prOt~notary/(.-'Iarlk, 0t¥1 1 Divisio~ Deputy (Elf. 7/97) ADDENDUM TO SUBPOENA HARDY Vs. ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: FREDRICKSEN OUTPATIENT ANY AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTIONS, REFERRALS, RECORDS FROM OTHER PHYSICIANS, TELEPHONE MESSAGES, OUTPATIENT RECORDS, OPEP~TIVE REPORTS, FILMS AND REPORTS, FUNCTIONAL CAPACITY EVALUATION REPORTS AND/OR DATA, ETC. PERTAINING TO: NAME: ORVILLE HARDY ADDRESS: 294 RUNNING PUMP RD DATE OF BIRTH: 03/22/49 SSAN: 149408866 NEWVILLE PA ORIGINAl, X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] [ ] RECORDSAREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and ~ d belief all documents or things above mentioned have neen proauce . NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS h~e been destroyed Date CUMBERLAND R299864-09 Authorized signature for FREDRICKSEN OUTPATIENT *** SIGN AND RETURN THIS PAGE *** ~DY ALL AMERICAN PLAZAS, COUNTY OF ~ ET AL Film No. 024059 TO: SUBPOENA TO PEOOUCE DOCUMENTS OR TH I NOS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 ATTN: MEDICAL RECORDS DEPT (Name of person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the roi lowing doctrnent.~ REPRODUCTIONS'AINC~s&940[ (K~e) DISSTON ST., PHILA., PA MEDICAL LEQAL You may deliver or mail legible copies of the doct~ents or produce things requested this subpoena, together with the certificate of c~,~liance, to the party making thi[ request at the address listed above. You have the right to seek in advance the rea~on~bl~ cost of preparing the copies or producing the things sought. If you fail to produce the doct~nents or things required by this subpoena within twenty (20) days after its service, the party serving this :~ubpoena may seek a court orde~' =~,~elling you to comply with it. THIS SUBPOENAWAS ISSUED ATTHEREGUESTOFTHEFOtLOWINGPERSON: NA~5: JOHN P COYLE, ESQ ADO~ESS: 18!! CHF~u~? ST ~±iJ~, ~A ~9i03 215-335-3212 TELEPHONE: SUPREIVE CO. JRT ID #__ ATTORNEY FOR: DEFENDANT R299864-10 S6al of'the Court BY THE COURT: ProthonotaryTCTark, Civil Division (Elf. 7/97) ADDENDUM TO SUBPOENA HARDY Vs. ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP ANY AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTIONS, OUTPATIENT, EMERGENCY ROOM, ANESTHESIA RECORDS, ADMISSION SUMMARIES, DISCHARGE SUMMARIES, ETC. PERTAINING TO: NAME: ORVILLE HARDY ADDRESS: 294 RUNNING PUMP RD DATE OF BIRTH: 03/22/49 SSAN: 149408866 NEWVILLE PA INPATIENT, OPERATIVE REPORTS, ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN [ ] [ ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-10 Authorized signature for HOLY SPIRIT HOSP *** SIGN AND RETURN THIS PAGE *** ODIvE.,[]NW',~L'~.I OF p~:~qSYLVANIA HARDY Vs. ALL AMERICAN PIJAZAS, ET AL File No. 024059 ORIGINAL X-PAYS REQUESTED TO: SUBPOENA TO PROCXJCE DOOJMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP-X, 503 N 21ST ST, CAMP HILL PA 17011 ATTN: i{ADIOLOGY DEPT (Namne of Person or Entity) within twenty (20) days after service of this subpoena, yo~ are ordered by the court to prc~k~ce the fol lo~ir~j doc~rnent.~ at MEDICAL LEGAL REPRODUCTIONSfA~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the doctments or produce things requested this subpoena, together with the certificate of cu,~lience, to the party making thi~ request at the address listed above. You have the right to seek in advance the rea~onabl~ cost of preoaring the copies or producing the things sought. If you fail to produce the doom~nts or things required by this subpoena within twenty (20) days after its service, the party serving thi-~ r~ubpoena may seek a court orde~- c~','~elling you to c~,~ly with it. THIS SUBPOENA WAS ISSUED AT THE RE(~UEST OF THE FOLLOWING PERSON: NAME: JOHN P COYLE, ESQ ADOEESS: TELEPHONE: SUPREME COURT ID fi: ATTORNEY FOR: 184.1--CHEST. AU/~ST mn±l~a, PA [9i03 215-335-3212 DEFENDANT R299864-11 DATE: ~,~ 5. ~3 ~eal of the Court BY THE COURT: Prothomotary~Yark, Civil Division / ' DepUty (Eff. 7/97) ADDENDUM TO SUBPOENA ALL AMERICAN PLAZAS, ET AL NO. 024059 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP-X ANY AND ALL FILMS AND STUDIES. PERTAINING TO: NAME: ORVILLE HARDY ADDRESS: 294 RUNNING PUMP RD DATE OF BIRTH: 03/22/49 SSAN: 149408866 NEWVILLE PA ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best Df my knowledge, information and . belief all documents or thzngs above mentioned have been producea. [ ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-11 Authorized signature for HOLY SPIRIT HOSP-X *** SIGN AND RETURN THIS PAGE *** CO~t3~T~ OF p~SYLVANIA cOUNtY OF ~ HARDY VS. ALL AMERICAN PLAZAS, ET AL : File No. 024059 TO: SUBPOENA TO PROOUCE DOCUMENTS OR TH I NQS FOR DISCOVERY PURSUANT TO RULE 4009.22 CONCENTRA MED CTR, 4910 RITTER RD, MECHANICSBURG PA 17055 (Name of Person or Entity) within twenty (20) days afte~ service of this subpoena, you a~e o~cle~ed by the court to produce the following doctment~ o~s~g~ at MEDICAL LEGAL REPRODUCTIONS(A~s~940 DISSTON ST., PHILA., PA You ~ray deliver or mail legible copies of the doctn~nts or produce things requested this subpoena, togethe~ with the certificate of cur~liance, to the pa~ty making thi[ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doc~nents or things required by this subpoena within twenty (20) days afte~ its service, the pa~ty serving thin subpoena m~y seek a court c~de~- co,'~elling you to ~¥~ly with it. THIS SUbPOENA WAS ISSUED ATTHERE(ZJESTOFTHEFOCLONINGPERSOfl: ~IE: JOHN P COYLE, ESQ ~(~9ESS: 18!~ ~A~ ST ~HiLA, PA 19103 215-335-3212 TELEPHONE: SUPREi~ COURT ID ~t ATTORNEY FOR: DEFENDANT R299864-12 S%al of ~he Oou~t (Eff. 7'/97) ADDENDUM TO SUBPOENA ~P..D Y ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: CONCENTRAMED CTR ANY AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTIONS, MESSAGES, RECORDS FROM OTHER PHYSICIANS, ETC. TELEPHONE PERTAINING TO: NAME: ORVILLE HARDY ADDRESS: 294 RUNNING PUMP RD DATE OF BIRTH: 03/22/49 SSAN: 149408866 NEWVILLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] [ ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R299864-12 Authorized signature fo:~ CONCENTRAMED CTR *** SIGN AND RETURN THIS PAGE *** HARDY Vs. ALL AMERIC~N PLAZAS, ~LTH OF P]~aqSYL~ ET AL File No. 024059 TO: SUBPOENA TO PRODUCE DCCtJI~NTS OR TH I N~S FOR DISCOVERY PURSUANT TO RULE 4009.22 DR ROBERT TOBOROWSKY, 823 OXFORI) CREST, VILLA-NOVA PA 19085 (Name of Parson o~ Entity) within twenty (20) days afte~ service of this subpoena, you a~e ordered by the court to produce the fo l lowir~j dock4~nts or~.,~h~g~' at MEDICAL LEGAL REPRODUCTIONS(AdId~sf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the doc~nents or produce things requested b~ this subpoena, together with the certificate of c~,~liance, to the party making thi[ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the dooznents or things required by this subpoena within twenty (20) days after its service, the party serving thin ~ubpoena~y seek a court orde~' c~,'~elling you to c~,~ly with it. 1HI S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOW I NG PERSON: TELEPHONE: SUPREI, IE CO.,IRT ID # JOHN P COYLE, ESQ 18d-I~-CH~?~ ST ~ni~A, PA 19103 215-335-3212 A~'FORNEY FOR: R299864-13 DATE: DEFENDANT ~eal of the Oo~rt BY THE CO.~T: Prothonotary/l~).ark, Civi 1 Divisiom Deputy (Elf. ~/97) ADDENDUM TO SUBPOENA HARDY VS. ALL AMERICAN PLAZAS, ET AL No. 024059 CUSTODIAN OF RECORDS FOR: DR ROBERT TOBOROWSKY ANY AND ALL RECORDS, REPORTS, NOTES, PRESCRIPTIONS, RECORDS FROM OTHER PHYSICIANS, ETC. PERTAINING TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: ORVILLE HARDY 294 RUNNING PUMP RD 03/22/49 149408866 NEWVILLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE .AND RETURN [ ] PcECORDSABEATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge~ information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR ROBERT TOBOROWSKY R299864-13*** SIGN AND RETURN THIS PAGE *** ORVILLE C. HARDY, JR., Plaintiff EARLE M. MITCHELL, d/b/a/ : EARLE MITCHELL ASSOCIATES, : STEPHEN E. MITCHELL, d/b/a : EARLE MITCHELL ASSOCIATES, and : ALL AMERICAN PLAZAS, INC., : d/b/a CARLISLE ALL AMERICAN, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBEI~AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-413,59 JURy TRL,kL DEMANDED .PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Enter the appearance of Edward E. Knauss, IV, Esquire, on behalf of the Defendants. METZGER, WICKERSHA3VI, KNAUSS & ERB, P.C. Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harr/sburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendants 307217-1 CERTIFICATE OF SERV_IC__~E AND NOW, this 21st day of June, 2004, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersharn, Knanss & Erb, P.C., attorneys for Defendants, hereby certify that ! served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Scott W. Morgan, Esquire Morgan & Morgan, P.C. 120 South Street Harrisburg, PA 17101-1210 Edward E. Knauss, IV $072174 WEBER GALLAG1TER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Mark T. Gallagher, Esquire Identification N°: 41362 The Belgravia 1811 Chestnut Street Suite 600 Philadelphia, PA 19103 (215) 564-4597 ORVILLE C. HARDY, JR. Attorney for Defendant, All American Plaza, Inc. IN THE COURT OF COMMON 294 Running Pump Road Newville, PA 17241 CUMBERLAND COUNTY, PENNA. VS. NO. 02-4059 EARLE M. MITCHELL, dba EARLE MITCHELL ASSOCIATES 120 Park Terrace Harrisburg, PA 17111 and STEPHEN E. MITCHELL, dba EARLE MITCHELL ASSOCIATES 198 Kost Road Carisle, PA 17113 and ALL AMERICAN PLAZAS, INC. CIVIL ACTION - LAW JURY TRIAL DEMANDED _WITHDRAWAL OF APPEA1Z~NCE TO THE PROTHONOTARY: Kindly withdraw our appearance on behalf of defendant, All American Plazas, Inc. in the above matter. By: Withdrawing Attorney Dated: June 30, 2004 MORGAN & WILKEN, P.C. BY: SCOTt W. MORGAN, ESQUIRE iDENTIFICATION NO. 36721 120 souTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ORVILLE C. HARDY, JR. Plaintiff EARLE M. MITCHELL, dba EARLE MITCHELL ASSOCIATES and STEPHEN E. MITCHELL, dba EARLE MITCHELL ASSOCIATES and ALL AMERICAN PLAZAS, INC. d/b/a CARLISLE ALL AMERICAN Defendants ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. · NO. 02-4059 CIVIL AI~TIO - LAW : JURY TRIAL DEMANDED : ORDER TO SETTLE DISCQNTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended upon payment of your costs, only. MORGAN 8: WILKEN, P.C. DATE: ]uly 27, 2004 Attorneys for plaintiff