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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-3059
HARTIEL EDWARDS,
Plaintiff
PIZZA HUT OF AMERICA/ INC.,
Defendant
PLAINTI..'S PRITRIAL KIKORANDUK
PURSUANT TO Pa. R.C.P. RULI 212.2
AND CUKBIRLAND COUNTY LOCAL RULI 212-4.
Plaintiff,
counsel, submits
Martiel I. Edwards, through her
the fOllowing pretrial memorandum:
undersigned
I. STATEMENT OF THE BASIC FACTS AS TO LIABILITY:
Martiel I. Edwards is a 78 year old woman who resides in
Duncannon, Perry County, Pennsylvania. On April 8, 1995, she had
entered the Pizza Hut Restaurant located on the Carlisle Pike in
Cumberland County, Pennsylvania. When she was entering, Mrs.
Edwards tripped over a strip of molding that held down the
carpeting, bordering the tile. According to witness statements,
the mOlding strip between the tile and the carpeting created drop
of at least an inch and a half from the surface of the tile to the
carpet. Testimony from employees of Pizza Hut indicated that the
strip of molding which caused Mrs. Edwards' fall would come out of
its proper position if hit by a mop or other item. This condition
was preuent for several weeks before Plaintiff fell. Mrs. Edwards
clearly caught her foot on the molding strip. The negligence on
the part of the Defendant consists of:
A. failing to properly install the aforesaid strip of
molding;
B. failing to properly maintain the aforesaid strip of
molding;
and arm. When tinally the ambulance arrived, ~he was put in a
neck brace and onto a back board. However, because there was not
enough room between the salad bar and where Mrs. Edwards was
laying on the tloor, the ambulance personnel had to roll her over
onto her injured arm/shoulder in order to place her on the
backboard. This caused her intense pain and witnesses state that
she cried out in pain. She was transported to Polyclinic Medical
center where X-rays revealed a comminuted tracture ot the left
proximal humerus in three places (Which later turned out to be
four places). Her right foot had a nondisplaced oblique tracture
ot firth toe.
At the hospital, her arm was put in a sling. Untortunately,
nothing could be done for the foot. It was lett to heal on it's
own. She contacted Dr. Rychak, an orthopedic, who recommended
immediate surgery. On April 19, 1995, approximately ten days
atter the accident, she underwent surgery at the polyclinic
Medical Center where a Neer arthroplast was placed in her
shoulder. She was discharged on April 22, 1995. After this she
was forced to endure physical therapy tor approximately six weeks.
In August ot 1995, Plaintiff felt a twang in her shoulder.
Apparently her rotator cutf tendon detaGhed. After consultation
with Dr. Rychak ot the risks and benefits involved with additional
surgery, and because ot existing health problems unrelated to this
accident, Martiel declined further surgery. As such, she has
permanent injury and limitation in her dominant hand.
Her claims for damages are aR follows:
A. Past medical expenses
B. Future medical expenses
C. Past Pain and suttering
D. Future pain and sutfering
E. Embarrassment and humiliation
F. Distigurement
G. Enjoyment of lite.
V. WITNESSES I
A. Martiel I. Edward. (liability and damage.)
B, Martiel A. Edward. (liability and damagee)
C. Cheryl BUffington (liability and damage.)
D. Kelly Seidel (liability)
E. Maximilian S. Zurat (liability)
F. Suzanne L. Knott. (liability)
G. Chrietopher Weaver (liability)
H. Lindy G. McDonald (liability)
I. John s. Rychak, M.D. (via videotape depoeition)
(damages)
J. Sue MCElheney (physical therapist) (damages)
K. Virginia Rech (friend of plaintiff) (damages)
L. Witnesses called to authenticate exhibits, if needed.
Plaintiff reserves the right to not call any of the above
witnesses based upon availability and stipulations.
VI. LIST OF EXHIBIT~1
A. Jury verdict form.
B. Pizza Hut incident report.
C. Photographs taken by Defendant's insurer of the border
which caused Plaintiff's fall.
D. Photographs of Plaintiff's injuries taken by Plaintiff's
daughter;
E. Emergency Room record showing Plaintiff'e firet
examination and treatment on April 8, 1995;
F. Inpatient treatment records of Plaintiff from April 18,
1995 to April 22, 1995 includinq intake and discharge eheete,
nurses' progress notes, operative reports and medication loq.;
-'
G. Radioloqy reports of April 10, 1995.
H. statements from Polyclinic Hospital.
I. Medical report of Doctor Rychak, dated February 7, 1996,
concerning his examination and treatment of Plaintiff, including
opinions, diagnosis and prognosis.
J. Medical records and reports of Harrisburg orthopedic
Association concerning treatment of Plaintiff.
K. statements for services rendered by Dr. Rychak.
L. Medical records and reports of Family Medical Center of
Marysville.
M. Report dated April 20, 1995 by Frank J. Andriola, M.D.
of Dr. Edmundowicz and Associates.
N. Records and Reports from Professional Home Health Care
Agency.
O. statements for services rendered by Professional Home
Health Care Agenoy.
P. Schedule of Medical Expenses for Plaintiff.
Q. Excerpt from Vital statistics of the united states,
1996, Section 6, Life Tables, Table 3, showing the average life
expectancy for individuals who have reached various years of age.
Plaintiff reserves the right to amend this list based upon
availability and stipulations.
VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS 1
Plaintiff'. current demand ia $115,000.00. A. of date of
thi. filinq, Defendant. have offered $60,000.00.
Respectfully .ubmitted,
DX88X.GB. , DX88X.GB.
BYI~ He~'~Ulre
1.0. No. 72663
28 North 32nd street
Camp Hill, PA 17011
717-975-2840
Attorneys for Plaintiff
Dated I .:t{ I tt l q, ~
I'
"'(\'.1'" "I...
,
HARTIEL EDWARDS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERtAND COUNTY
Pf;NNSYLVANIA
CIViL ACTION - LAW
NO. 96-3059
PIZZA HUT OF AMERICA, INC.,
Defendant
O.RTI'IOAT. 0' ...VIO.
I, stephen G. Held, Esquire, hereby oertify ~hat on the date
..t forth below I served a true and correct copy of Plaintiff'.
pr.trial Memorandum oursuant to Pa. R.C.P. Rul. 212.2 and
Cumb.rland County local rule 212-4 upon the attorney for the
D.f.ndant, by First Class Unit.d States Mail addr....d a. tollow.,
Mark E. Lovett, Esquire
HARTMAN UNDERHILL & BRUBAKER
Attorneys At Law
221 East Chestnut street
Lancaster, PA 17602-2782
Date:
Stephen G. Held, Esquir.
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5. On or about April a, 1995, at approximately 1:30 o'clock
p.m., Plaintiff was a business invitee of the Defendant at
Defendant's premises known as Pizza Hut Restaurant.
6. At that time and place, Plaintiff, while she was
entering said premises of Defendant, tripped over a strip of
molding that held down the carpeting and bordered the carpet and
II tile floor.
7. At that time and place, the aforementioned molding strip
between the tile and the carpeting created drop of at least an
inch and a half from the surface of the tile to the carpet.
a. The foregoing accident and all of the injuries and
damages set forth hereinafter sustained by Plaintiff, are the
, direct and proximate result of the negligence, carelessness,
wantonness and recklessness of Defendant, who was or whose agents,
servants, workmen, or employees, were acting within the course and
scope of their employment and/or authority, and were in exclusive
control of the premises, which said negligence, carelessness,
wantonness and recklessness consisted of, but is not limited to,
the fOllowing:
a. failing to properly install the aforesaid strip of
molding;
b. failing to properly maintain the aforesaid strip
of molding;
c.
allowing the carpet, tile, and or borders thereto
to remain in a dangerous and unsafe condition
after notice or opportunity for notice;
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d. failing to properiy inspect the carpet, tile, and
mOldings on the premises;
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failing to warn of a dangerous condition;
f. failing to use reasonable prudence in the care and
maintenance of the flooring and borders thereto in
the premises;
g. insufficient lighting;
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failing
between
in height
warn of the difference
carpeted area and the tile
to
the
area;
i. failing to remedy a defective, dangerous condition
of Which it knew or should have known;
j.
failing to maintain its
safe condition for the
invitee and for the
invitation was extended,
failure to maintain
condition;
premises in a reasonably
contemplated use of an
purpose for which the
or to give wa~ning of any
the premises in that
failing to use reasonable care;
failing to remedy a defective condition of which
it had actual or constructive knowledge; and
being otherwise neg 1 igent, careless, wanton and
reckless under the circumstances.
negligence,
9. As a direct and proximate cause of the aforementioned
carelessness,
wantonness
and
recklessness of
Defendant, Plaintiff sustained painful and severe injuries to her
left shoulder and right ankle including, but not limited to,
14. Plaintiff, Martiel 1. Edwards continues to be plagued by
persistent pain and 11mi tat ion and, therefore, avers that her
injuries may be of a permanent nature, causing residual problems
tor the remainder of her lifetime, and claim is made therefor.
II
15. As a result of the aforesaid accident, Plaintiff,
Martiel I. Edwards, has sustained scars which will result in a
permanent disfigurement, and claim is made th~refor.
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WHEREFORE, Plaintiff, Martiel I. Edwards, demands judgment
against Oefendant, Pizza Hut of America, Inc., in an amount in
excess of Twenty Five Thousand Dollars ($25,000.00) exclusive of
.,
" interest and costs and in excess of any jurisdictional amount
requiring compulsory arbitration.
Respectfully SUbmitted,
DISSINGER & DISSINGER
By: ~~ !~dtw
Supreme Court 1.0. 72663
28 N. 32nd Street
camp Hill, PA 17011
(717) 975-2840
Counsel for Plaintiff
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~I FICATION
I, Martiel I. Edwards, Plaintiff, have ~ead the foregoing
Complaint and do hereby swear or nffirm that the facts set forth
in the foregoing are true and correct to the bast of my knowledge,
information and beliet. I understand that this Verification is
,I
made subject to the penalties of 18 Pa.C.S.A. Section 4904,
relating to unsworn falsification to authorities.
Dated: rl :jYi/'ir;.
'~~~ ~. G:l~
Mart al . Edwards
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
'I
MARTIEL I. EDWARDS,
Plaintiff
No. 96.3059 Civil Term
v.
O~~~G~~~Al
PIZZA HUT or AMERICA, INC.,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please file the attached Stipulation as part of the record in this case.
Date: July 2, 1996
HARTMAN UNDERHILL & BRUBAKER
:;- '--::: ~ ~
Mark E. Lovell
1.0. No. 41071
Attorneys for Defendant
221 East Chestnut Street
Luncaster. PA 17602
(717) 299-7254
0041014.011960102
,
, .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
MARTlEL I. EDWARDS,
Plaintiff
No. 96.3059 Civil Term
v.
PIZZA HUT OF AMERICA. INC..
Defendant
STIPULATION
The parties hereto, by and through their respective counsel. Dissinger & Dissinger for the
,
Plaintiff and Hartman Underhill & Brubaker for the Defendant. stipulate and agree that
subparagraphs 8. k. and m. are deleted from the Complaint and no response is required thereto.
DISSINGER & DISSINGER
By; 9tT:;--i. .It. f/J..a1J
~.~
I.D. No. 72663
Attorneys for Plaintiff
28 North 32nd Street
Camp Hill. PA 17011
(717) 975.2R40
HARTMAN UNDERHILL & BRUBAKER
~+
J.D. No. 41071
Attorneys for Defendant
22 t East Chestnut Street
LanclISter. P A 17602
(717) 299- 7254
IN THE COURT OF COMMON PLEAS OF CUMBER1.AND COUNTY, PENNSYL VANIA
CIVIL ACTION. LAW
'.
MARTIEL I. EDWARDS,
Plaintiff
No. 96.30S9 Civil Term
v.
PIZZA HUT OF AMERICA, INC..
Defendant
'.
DEFENDANT'S ANSWER WITH NEW MATTER
';1
1.
Admitted on information and belief.
2. Admilled.
3. Admilled that the premises were open to the public and in particular. to the
Plaintiff at the time she was using Ihe premises. The remainder of the allegation is denied
because the Defendant does not know the meaning of the term "at all times relevant hereto."
4. Denied as a conclusion of law. By way of further response. the tile and carpet
were owned by the Defendant and the Defendant was responsible for their maintenanl'e.
S. The approximate time and date are admilled. The remainder of the allegation is
, '
denied as a conclusion oflaw.
6. Denied. After reasonable investigation. the Defendant lacks information sufficient
to form a belief as to the truth of the averment.
0045929.01/960723
7. Denied pursuant to Po. R. C. P. 1029(e). By WilY of further response, it is believed
that no drop-oIl' existed. rllther the strip of molding crellted II smooth transition from the tile to the
carpet.
8. Denied as II conclusion of lllw. By way of further response, subparagraphs k and m
have been deleted by stipulation of the parties and no l1Ilswer is required.
9-1 S. The allegations of causation are denied as a conclusion of low. The remainder of
the allegations are denied, because after reasonable investigation. the Defendant lucks information
sufficient to limn u belief as to their truth.
WHEREFORE. the Delimdont requeslsthut judgment be entered in its favor and against
the Plaintiff.
16.
codes.
17.
18.
19.
20.
reason.
004'929.01/960723
NEW MATTER
The strip of molding conformed with all applicable building l1Ild governmental
The transition from tile to carpet was clearly visible to ail patrons of the restaurant.
The Plllinliffwas contributorily negligent.
The Plaintiff assumed the risk of her injuries.
The Plaintiff may have fallen as a result of her physical infirmities and for no other
2
21. The PlaintilThad a choice of paths when walking around the Oelendant's
restauranl.
WHEREFORE. the Detendant requests that the Pll1lntlll's complaint be dismissed.
HARTMAN UNDERHILL & BRUBAKER
'-... ,..-
~ '--....
By:'-....
Mark ovett
I,D, No. 4107t
Altomeys for Defendant
-
221 East Chestnut Street
Lancaster. PA 17602
. (717) 299-7254
"
,
0045929.01/960723
3
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** ZII'3Dijd '~!OL **
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VIlRll:In.&nrw
STATE OF TEXAS
COUNTY OF DALLAS
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BRIAN H. COLE, being duly awom, depo... and ..ya that he I. Vloe P....,dent
o' Plzu Hut of Amertce. lno., and hu ..ad the fo..-golng Anawer and New Matter and
hu .Igned .ald AnlW.r for and on b.half of the company. T11e Information III forth In
eald Answer wa. gathered end collated by peraon. ragul.rly In the employ of the
Clompany from nKlord. and fU.. kept by the oompany In the regular and ordinary
courae of Ita bualne... or, In the lltematlve. Information gathe..d by the oompany'.
couneel on Ita behalf, and .ald pemnt aotlng througn and purauant to the InatRJctlona
of declarant wtth reterenee to the gathering and oollatlng of .uch mat.rtal, Said
perlOM have reported to declarant thet aald Anawer truly and aorreotIy reflect the
oonllll'lte of the company'. rec:orde with reepect to the tubject matter, to the bMt of their
knowledge. Where'or., declorant ataIH upon Information end belief, that IBId Answer
la true and oarrect to tho beet of my knowledge aooordlng 10 and ba..d upon the
NOom. and III.. of the company and Information tranemltted to deola,.,t a. afol'8lllld.
I
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PIZZA HUT OF AMERICA, INC.
...a~
Bubecrlbed Ir1d Nom to before m. thl.
~ day o' ~"'I ~I,j . 11188.
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191C66ZLILIB OL ee6L Bce .1 ~Iij~~ij L.nOO,l'Ld3G "~, ~~ 8&111 SB,CZ ,nr
PROOF OF SERVIC~
I HEREBY CERTIFY that I am this day serving the foregoing document upon the
persons and in the manner indicated below.
Service by First Class Mail, addressed as follows:
Stephen G. Held, Esquire
Dissinger & Dissinger
28 North 32nd Street
Camp Hill, PA 17011
"
Dated: July 23, 1996
,
HA~TMAN UNDERHILL & BRUBAKER
, ,
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By:
Mark '. Lovett
J.D. No. 41071
Attorneys for Defendant
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MARTIEL EDWARDS,
Plailltiff
IN THE COURT Of COMMON PLEAS
Of CUMBERLAND COUNT~
PENNS~LVANIA
CIVI L AC'l'lON - LAW
NO. 96-3059
v.
PIZZA HUT Of AMERICA, INC.,
Defendant
JUR~ TRIAL DEMANDED
E.1.AlNTI FF ~~J.Q_ DEFENDANT_~Q
~ER WITH NEW MATTER
16. Defendant's averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, after reasonable investigation, Plaintiff is
without krowledge or information sufficient to form a belief as to
the truth of the averment, and is thus denied. By way of
amplification, Plaintiff incorporates her complaint by reference,
as if set out in full. Further, at the time of Plaintiff's fall,
the strip of molding was not in its proper position, but sticking
up.
17. Defendant's averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specH ic,llly dellied. By way of
amplificat.ion, Plaintiff did not visualize the "transition from
the tile to carpet." furthermore, after reasonable investigation,
Plaintiff is without knowledge or information sutficient to form
a belief ciS to the truth of the avennent ot what was "e I ear l y
visible" ~~ all patrons of the restaurant, and is thus denied.
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18. Defendant's averment is a conclusion of law to which no
'I responsiv', pleading is required. '1'0 the extent the averment may be
, deemed factual, it is hereby specifically denied. By way of
'i
:i amplification, Plaintiff was not negligent in any way. All of
Plaintiff'S injuries and damages were caused solely and directly
as a resJlt of the negligence, carelessness, wantonness and
recklessness of the instant Defendant.
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19. Defendant's averment is a conclusion of law to which no
II responsive pleading is required. To the extent the averment may be
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deemed
factual,
it
is hereby specif ically
denied.
By
way of
amplification, Plaintiff did not assume the risk of her injuries.
Further, as previously stated herein, Plaintiff was not negligent
or careless. All of Plaintiff's injuries and damages are
recoverable in the instant action.
20. Denied. Plaintiff' fell because she tripped over the
I, strip of molding that held down the carpeting and bordered the
,
II carpet and a tile floor. By way of ampl if ication, Plaintiff
I'
II incorporntes her complaint by reference, as if set out in full.
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21. Denied. Plaintiff did not have a choice of Which path
she chose, as she was being led to her seat by a waitress, who at
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:i all relevant times hereto agent, servant, workmen,
, was an or
employee Ilf Defendant and, who was acting within the course and
" scope of her employment and/or author! t y.
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I HARTIEL EDWARDS,
Plaintiff
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VB.
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY
I PENNSYLVANIA
I
I CIVIL ACTION - LAW
I NO. 96-3059
I IN LAW
PLEAS
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PIZZA HUT OF AMERICA, INC.,
Defendant
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AND NOW this " ,. day of 1'?lA-c.4 , 1997, after
,
ii review of the enclosed Motion of Plaintiff by her attorney,
, Stephen G. Held, Esquire, a Rule is hereby issued upon Defendant,
Pizza Hut of America, Inc., and their counsel, to show cause why
the relief requested by should not be granted. The Rule is
returnable ~o ala.,' uj,"- \......,1..:
BY THE COURT:
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HARTIEL EDWARDS,
Plaintitt
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY
PENNSYLVANIA
PLEAS
VB.
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I PIZZA HUT OF AMERICA, INC.,
Defendant
CIVIL ACTION - LAW
NO. 96-3059
IN LAW
il
PLAINTIFF'S MOTION TO COMPEL TO
PLAINTIrr's INTERROGATORIES TO DEFENDANT
PlaIntiff, Martiel Edwards, by her undersigned counsel,
hereby moves this Court to enter an order pur.suant to Pa.R.C.P.
No. 4019(a) (1) (i) directing defendant, Pizza Hut of Amer.ica, Inc.,
to serve full and complete answers to plaintiff'S interrogatories
propounded to defendant or suffer sanctions, and in support
'I
: thereof avers as follows:
'I 1. The action was instituted by complaint on May 31, 1996.
Defendant filed their Answer with New Matter to the complaint on
II
or about July 23, 1996. Plaintiff filed her Reply to New Matter
i
I' on August 12, 1996.
,i 2. On October 24, 1996, Plaintiff served a set of
interrogatories upon counsel for Defendant. A copy of Plaintiff's
'I Interrogat.ories to Defendant and Plaintiff's transmittal letter of
,
, October 24, 1996, are attached as Exhibit "A."
,
11
3. Pursuant to Pa.R.C.P. No.
answers and objections, if any, to the
Ii
, or before November 24, 1996.
4006 (a) (2), Defendant's
interrogatories were due on
4. A period of 144 days has elapsed since the
interrogatories were served upon counsel for Defendant, and no
! response to these Interrogatories of any kind has been provided.
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VERIFICATION
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I, Stephen G. Held, Esquire, attorney for Plaintiff, do
hereby swear or affirm that the facts set forth in the foregoing
document are true and correct to the best of my knowledge,
information and belief. I understand that this Ver if ioation is
made subject to the penalties of 18 Pa.C.S.A. section 4904,
relating ~o unsworn falsification to authorities.
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S eph n G. He , Esqu re
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Plaintiff through her attorney, hereby propound the following
Interrogatories to Defendant pursuant to Pennsylvania RUles of
civil Procedure 4006 to be an6wered within thirty (30) days from
servioe thereof. Thcase Interrogatories shall be deemed to be
continuinq Interrogatories. If, between the time of your answer to
said Intet'roqatories and the time of the trial of this case you,
or anyone acting on your behalf, learns the identity and
whereabouts of any other witness(es) not identified in your said
answers, or if you obtain or become aware of additional requested
informati')n not supplied in your answers, you shall promptly
furnish the same to Plaintiff's attorney by a supplemental anSW'9r.
1. For the purposes of these Interrogatories, "you" or "your"
refers to the Defendant(s) and his/her/their files, the
Defendant's insurance company and its files, the Defendant' s
attorney and his files and. all other persons, agents or
representatives of the Defendant(s) and his/her/their files. "Vou"
shall further include all persons on whose behalf Defendant
prosecutes this action and all persons who will benefit or be
legally bound by the results of this action. Vour answer to the
Interrogatories shall reflect and contain the knowledge of all of
the above persons.
References to Plaintiff and/or Defendant shall be interpreted as
singular or plural, depending upon the particular circumstances of
each case.
2. "Defendant," unless otherwise speci f ied, shall mean the
Defendant answering the interrogatories.
3. "Ider.tify" or "identity" when used with reference to a
document, shall mean to: (a" state the date; (b) identify the
author (and/if different, the originator, and/or signers); (c)
identify the addresses (and, if different, the recipients); (d)
state the type of document (e.g., letter, memorandum, etc.); (e)
2
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state the present (or last know) locations of the original and all
copies and identify all custodians; (f) state whether Defendant,
or anyone acting on Defendant's behalf, is in possession of the
original or a copy of the document (and state which); (g) state
all other means of identifying the document with sufficient
particularity to satisfy the requirements fo its inclusion in a
request fer inspection and copying pursuant to the Pa.R.C.P. 4005.
4. "Identify" or "identity" when used wJ.th reference to an oral
statement, representation or conversation shall mean to: (a)
identify the person making each statement, the person to whom each
statement was made, and all other persons present at the time of
each statement; (b) state the place where such statement or
conversation was held; or (c) if by telephone, identify the person
making the call and state the places where the persons
participating in the call were located; (d) describe in detail the
subst~nce of each statement or conversation.
5. "Identify" or "identity" when used with reference to a person
shall mean to state the: (a) full name; (b) title; (c) present
position ~nd business affiliation; (d) the person whom he was
representing or acting for; (e) present (or last known, with
indication of the date of the last knowledge) business address;
(f) present (or last know, with indication of the date of that
last knowledge) resident address.
6. "Document means any written, recorded or graphic matter,
whether produced, reproduced, or stored on paper, cards, tapes,
film, electronic facsimile, computer storage devices or any other
. medium an,j includes, but is not limited to, originals, every copy
with any note or change thereon, drafts, every other data
compilati~n from which this information can be obtained, and the
information necessary to translate the compiled data into usable
form.
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7. II Person II or "individual" means a natural person, a
pllrtnershlp, a corporation, an unincorporated association, a
government (or agency thereof), a quasi-public entity, or other
form of ertity.
B. "Location" means the address and the separate off ice, room or
other specific designation, if any is possible.
9. The term "description" or "describe" as used herein shall
mean that the Defendant shall set forth tho name and address of
the author or originator, dates, title or subject matter, the
pr$sent custodians of the original and of any copies and the last
known address of each custodian.
10. "Premises" shall mean the subject premises of the instant
action, better described as the Pizza Hut Restaurant at or about
4960 carlisle pike, Mechanicsburg, cumberland county,
Pennsylvania.
4
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1. state whether you owned
premi.e. identitied in the Complaint.
ot the pr.mises.
and operated the sUbject
It not, identity the owner
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3. If you are a corporation, state:
a. The tull and correct name of the corporation and
all trade names;
b. Date you were incorporated;
c. The state of incorporation;
d. Place of inco~poration;
e.
Principle place of business;
f. The names and addresses of &11 offices; ,
g. Is the corporation registered to do business in
the Commonwealth of Pennsylvania?
h. Date the incorporation was so registered to do
business.
i. Federal Identification Number.
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5. Give the carrier name, policy number and policy limits
fQr each and every policy insuring you against the dlaims made in
the instant action.
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6. Are you protected against the type Of risk which is the
sUbject ot this action by any:
a. Reinsurance;
b. Excess insurance;
c. Umbrella policy;
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7. It your answer to either of the subdivisions of the
preceding interrogatory is in the affirmative, for each such
ooverage state:
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a. The name, address and telephone I,umber of the
insurer;
b. The number of the policy;
c. The form of insurance;
d. The effective dates of coverage;
e.
The amount of coverage,
thereof;
specifying the terms
"
f. The name and address of the named insured;
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12.
state exactly how you contend the incident ocourred.
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Identify each fact that will be used to demonstrate that
had a choice ot paths.
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18. with respect to the premises actually involved in the
acoident, identify:
a. Every pre-accident alteration or addition made to
the premiRes after its construction;
b. The names, addresses and employers of any person
who made each alteration or addition;
c. The nature, purpose and date of each alteration or
addition; and
d.
referring to each alteration
have custody thereof.
or
addition and
Any document
the persons who
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19. state whether there were any inspections or examinations
of the premises actually involved in the accident after its
manutacture and before the acc~dent. If so, state:
a. When any inspections or examinations were scheduled
to be made and by whom;
b. The dates when any inspections or examinations were
made and by whom;
c. Whether there is any documentation relating to the
schedule or the inspection of examinations and, if so, identify
such documentation;
d. Whether there were oral reports made with respect
to any inspections or examinations and, if so, state the substance
and dates thereof and the persons from whom and to whom given.
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accident,
with respect to the premises actually involved in the
identify:
a. Every repair or replacement made to the premises
atter the accident;
b. The names, addresses and employers of any person
who autho~ized and made any repair or replacement;
c. The nature, purpose and date of each repair or
replacement, and
d. Any document referring to any repair or replacement
and the persons who have custody thereof.
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22. Are you or anyone acting on your behalf in possession of
or know of the existence of any photographs, blueprints, sketches,
drawings, diagrams or plans of instrumentalities, locality,
equipment tools or any other thing or matter involved in the
incident in suit? If so, state:
a. The nature of the document, the name(s) and
address (es) of the person(s) preparing such
document, and the date of its preparation;
b. The name(s) and address(es) of the person(s)
presently having possession or custody of each such
document;
c. The specific subject matter of the document;
d. The date it was made or taken; and
e. What the document purports to show, illustrate or
represent.
AHS..R
27
23. Have you or anyone acting on your behalf conducted any
investiqations of the incident which is the subject matter of the
Complaint? If so, identify:
a. each person and the employer of each person who
conducted any investigation;
b. the dates ~f investigation; and
c. all notes, reports or other documentation prepared
during or as a result of the investigAtions, and
the identity of the person who has possession
thereof.
All....
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25. Have you ever previously been involved in a law suit?
It so, ate-tel
a. The date and location of the action;
b. The nature of the action;
c. 'fhe name(s) and address(es) of the party(ies);
d. The dispoaition of the action; and
e. The name and address of the attorney who
represented you.
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27. Identify all exhibits which you expect to offer into
evidence at the time of trial ot this case.
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These Interrogatories shall be deemed to be continuing. If
between the time of your answers to these Interrogatories and the
time of the trial of this case, you or anyone acting on your
behalf learns the identity and whereabouts of any other
witness(e&) not identified in your answers, or if you obtain or
become aware of additional requested information not supplied in
your answers, you shall promptly furnish same to the undersigned
by supplemental answers.
DI88INOIR , DI88INOIR
BYI
,
"
Stephen G. Held, Esquire
1.0. No. 72663
28 N. Thirty-Second Street
Camp Hill, PA 17011
(717) 975-2840
Attorneys for Plaintiff
36
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, . .
MARTIEL EDWARDS,
Plai"tiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
PIZZA HUT OF AMERICA, INC.,
Defendant
NO. 96-3059
CBRTIPICATI OF SBaVICB
I, Stephen G. Held, Esquire, hereby certify that on the date
set forth below I served a true and correct copy of
Interro9a~ories ProDounded Upon Defendant. Pizza Hut of America.
~ upon the attorney for the Defendant, by First Class United
states Mail addressed as follows:
Mark E. Lovett, Esquire
HARTMAN UNDERHILL & BRUBAKER
Attorneys At Law
221 East Chestnut street
Lancaster, PA 17602-2782
Datel
stephen G. Held, Esquire
. .
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1
"
MARTIEL EDWARDS,
i Plaintiff
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v.
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
PLEAS
PIZZA HUT OF AMERICA, INC.,
Defendant
NO.
96-3059
CBRTIWICATI or SIRVICE
I, Stephen G. Held, Esquire, hereby certify that on the date
set forth below I served a true and correct copy of the foregoing
document upon the attorney for the Defendant, by First Class
United stAtes Mail addressed as follows:
I
MARK E LOVETT ESQUIRE
HARTMAN UNDERHILL & BRUBAKER
ATTORNEYS AT LAW
221 EAST CHESTNUT STREET
LANCASTER PA 17602-2782
Datel3/ {~} q 7
~~~
Steph n G. "Held, ~squire
PRAECIPE FOR r.ISTING CASE FOR~~L
(Must be typewritten and submitted in duplicate)
TO THE POOl'HO/'Ol'ARY OF CUMBERLAND COl!m'Y
Please list the following easel
(Check one)
(~) for JURY trial at toe next term of civil court.
for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
(~ Civil Action - Law
Martiel Edwards,
Appeal from Arbitration
(other)
(Plaintiff)
vs.
Pizza Hut of America, Inc.
The trial list will be called on ~1"111
and
Trials corrtrence on -ll/5ff 1
Pretrials will be held on .:u..14 I,"
(Briefs are due 5 days bef~
(Defendant)
VS.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel. pursuant to> locaJ. Rule 214.1.)
No. 3059
Civil
19 96
Indicate the attorney who will try case f.or the party who files this praecipe.
Stephen G. Held, Esquire 28 N. 32nd street, Camp Hill, PA
Indicate trial counsel for other parties if known. Mark E. Lovett
Hartman, Underhill & BrUbaker, 221 East Chestnut .Street,
Lancaster, PA
This case is ready for trial.
Signed. SIDo.tL g. W
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Print Nacre. 'q,kf3k~ Cr, ~(()
Date. .ll ~~
Attorney fon
Plaintif f
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