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HomeMy WebLinkAbout02-4932 PAGE 1 REPORT : ZDRDOCT First Judicial District RUN DATE 08/26/02 USER ID: TLB CIVIL DOCKET REPORT RUN TIME 12:25 PM CASE ID 020503144 CASE NUMBER CASE CAPTION 020503144 ELKINS VS OLYMPIC SKATING CENTER INC FILING DATE COURT LOCATION JURY 28-MAY-2002 JE CH J CASE TYPE: PREMISES LIABILTY, SLIP/FALL STATUS: TRANSFER TO OTHER JURISDICTION Seq # ASSOC Expn Date Type I__qD 1 APLF A80075 2 1 PLF ~4509444 3 4 DFT @4509449 4 ADFT A30186 5 TL J286 Party Name / Address & Phone No. BENDO, MARC C 1308 SPRUCE ST PHILADELPHIA PA 19107 (215)732-4780 (215)732-5507 - FAX ELKINS, GLORIA 2459 N CORLIES ST PHILADELPHIA PA 19132 OLYMPIC SKATING CENTER INC 60 SHADY LN SOUTH ENOLA PA 17025 BOCCHINO, RALPH P 1845 WALNUT STREET 18TH FLOOR PHILADELPHIA PA 19103 (000)575-2657 MOSS, SANDRA M 392 CITY HALL PHILADELPHIA PA 19107 (215)686-7910 Piling Date / Time 28-MAY-02 09:59:31 28-MAY-02 10:03:00 28-MAY-02 10:03:00 28-MAY-02 10:03:00 Docket Entry ACTIVE CASE COMMENCEMENT OF CIVIL ACTION WAITING TO LIST STATUS CONF COMPLAINT FILED NOTICE GIVEN COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) BENDO, MARC C BENDO, MARC C BENDO, MARC C DAYS REPORT : ZDRDOCT USER ID: TLB First Judicial District CIVIL DOCKET REPORT CASE ID 020503144 PAGE 2 RUN DATE 08/26/02 RUN TIME 12:25 PM Filinq Date / Time 28-MAY-02 10:03:00 03-JUL-02 16:13:00 03-JUL-02 16:13:00 03-JUL-02 16:13:00 03-JUL-02 16:13:00 il-JUL-02 15:24:38 il-JUL-02 15:51:00 01-AUG-02 11:18:55 02-AUG-02 15:34:14 14-AUG-02 15:57:21 16-AUG-02 10:12:13 16-AUG-02 10:12:14 26-AUG-02 12:15:06 Docket Entry AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. DISCOVERY DEADLINE DATE 2/3/03. SHERIFF'S SURCHARGE 1 DEFT ENTRY OF APPEAR/JURY DEMAND ENTRY OF APPEARANCE OF RALPH P. BEHALF OF DFT OLYMPIC SKATING CENTER,INC. JURY TRIAL PERFECTED TRANSFERRED TO MAJOR JURY ASSESSMENT REQ'D BENDO, MARC C BOCCHINO, RALPH P BOCCHINO FILED ON BOCCHINO, RALPH p WAITING TO LIST CASE MGMT CONF MOTION TO DETERMINE P.O. FILED OLYMPIC SKATING CENTER INC, 74-02070974 RESPONSE DATE 8-12-02. PRELIMINARY OBJECTIONS FILED BOCCHINO, RALPH P DEFT OLYMPIC SKATING CENTER INC.'S PRELIMINARY OBJECTIONS FILED. LISTED FOR CASE MGMT CONF NOTICE GIVEN MOTION ASSIGNED 74-02070974 MOTION TO DETERMINE PRELIMINARY OBJECTIONS ASSIGNED TO JUDGE MOSS ON 8-15-02. TRANSFER TO OTHER JURISDICTION MOSS, SANDRA M 74-02070974 - AND NOW, TO WIT, THIS 15TH DAY OF AUGUST, 2002, UPON CONSIDERATION OF DEFENDANT'S PRELIMINARY OBJECTIONS AND PLAINTIFF'S ANSWERS THERETO, IT IS HEREBY ORDERED AND DECREED THAT THIS MATTER IS TRANSFERRED TO CUMBERLAND COUNTY WITH ALL COSTS TO BE BORNE BY PLAINTIFF ...... BY THE COURT: SANDRA MAZER MOSS J. NOTICE GIVEN UNDER RULE 236 PEAECIPE/TRNSFER OUT OF COUNTY BOCCHINO, RALPH p PHAECIPE TO TRANSFER THE ABOVE CAPTIONED MATTER TO CUMBERLAND COUNTY FILED. JOSEPH H. EVERS PROTHOI'J, OTARY OF pH.~LADE~LPH~. ~CC~_ Marshall, Dennehey, Warner, Coleman & Goggin By: Ralph P. Bocchino, Esquire I.D. No. 30186 By: Thomas J. O'Malley, Esquire I.D. No. 72121 1845 Walnut Street Philadelphia, PA 19103 215-575-2634 Attorney for Defendant, OlYmPic--/Jj~ ~5/J/~ Skating Center, Inc. GLORIA ELKINS VS. OLYMPIC SKATING CENTER, INC. COURT OF COMMON PLEAS PHILADELPHIA COUNTY MAY, 2002 TERM DOCKET NO. 003144 PRAECIPE TO TRANSFER TO THE PROTHONOTARY: Kindly transfer this matter to Cumberland County as per the Court's Order of August 15, 2002 of Honorable Sandra Moss, attached hereto as Exhibit 'A'. MARSHALL DENNEHEY, WARNER, 7JOGGIN HALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~7(: Ralph P. Bocclnno, Esquire ~grney I.D. 30186 BY: Thomas J. O'Malley, Esquire Attorney I.D. 72121 1845 Walnut Street philadelphia, PA 19103 (215) 575-2657 Attorneys for Defendant GLORIA ELKINS PHILADELPHIA COUNTY COURT OF COMMON PLEAS vs. MAY TERM 2002 OLYMPIC SKATING CENTER, INC. : NO. 3144 ORDER AND NOW, TO WIT, this , ay of r ,2002, upon consideration of Defendant's Preliminary Objections and Plaintiffs Answers therefo, it is hereby ORDERED and DECREED that this matter is transferred to Cumberland County with all costs to be borne by Plaintiff. BY THE COURT: COPIES SENT PURSUANT TO Pa. R.C,P. /lUG 1 6 2002 RI'st dudic~J PJ~/ct of User LD.:~ Exhibit A Marshall, Dennehey, Warner, Coleman & Goggin By: Ralph P. Bocchino, Esquire I.D. No. 30186 By: Thomas J. O'Malley, Esquire I.D. No. 72121 1845 Walnut Street Philadelphia, PA 19103 215-575-2634 Attorney for Defendant, Olympic Skating Center, Inc. GLORIA ELKINS VS. OLYMPIC SKATING CENTER, INC. : COURT OF COMMON PLEAS : PHILADELPHIA COUNTY : MAY, 2002 TERM : DOCKET NO. 003144 PRAECIPE TO TRANSFER TO THE PROTHONOTARY: Kindly transfer this matter to Cumberland County as per the Court's Order of August 15, 2002 of Honorable Sandra Moss, attached hereto as Exhibit 'A'. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN / RALPH P. BOCCHINO, ESQU Attome for Defendant MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN / ~r: Ralph P. Bocchino, Esquire Attorney I.D. 30186 BY: ThomaS J. O'Malley, Esquire Attorney I.D. 72121 1845 Walnut Street philadelphia, PA 19103 Attorneys for Defendant (215) 575-2657 pHILADELPHIA COUNTY COURT OF COMMON PLEAS MAY TERM 2002 NO. 3144 GLORIA ELKINS VS. OLYMPIC SKATING CENTER, INC. ORDER //r~'/Z~. ,- ///.,t .~/'/. 2002 uvon consideration of AND NOW, TO WIT, this _ ,/,5 "' -aay o~_ ~/_/,.-' v7 .... Defendant's Preliminary Objections and Plmntlffs Answers there{o, it ~s hereby ORDERED and DECREED that this matter is transferred to Cumberland County with all costs to be borne by Plaintiff. BY THE COURT: COPIES SENT PURSUANT TO Pa. R.C.P. 238(b) AUG 1 $ 200Z I/rst dudic~ pj~ict of Pa. User I. O.: 'c~4 / PHILI~.DELPHIA COURT OF COMMON PLEAS MOTION ' COVER SHEET May Term, 20 02 No. 003144 Gloria Elkins .:i vl~ ~,'~drrth~ ;at < .... Name of Filing Party: VS. Olympic Skating Center, Inc. Type of Motion: Response due: OR Response to: Prelindnary Ob}ections challenging venue CASE STATUS (answer all questions) I. Is this case: A. DAY BACKWARD (Jury cases only) Name of Judicial Team Leader: Date of: [] Settlement Conference [] Trial Date [] Other B. DAY FORWARD (Jury Demand & Fee Paid) Name of Judicial Team Leader: Applicable Motion Deadline: Has deadline been previously extended by the Court? [] Yes [] No C. NON JURY Date Listed: D. ARBITRATION Arbitration Date: E. ARBITRATION APPEAL Listed on: F. OTHER: Date Listed: I verify the answers above to be true and correct and understand sanctions may be 30186 Defendant (check one) [] Plaintiff [] Defendant (check one) [] Movant [] Respondent Has another motion been decided in this case? [] Yes [] No If yes, identify the Judge: Is another motion pending? [] Yes [] No If yes, identify motion and Judge: OTHER PARTIES (Name, address and telephone number of all counsel of record and mu-epresented parties. Attach a stamped addressed envelope for each atlomey of record and Unrepresented party.) Marc C. Bcndo, Esquire 1308 Spruce Street Philadelphia, PA 19107 (215) 7324780 I certify that all parties listed above will receive a copy of this Motion/Petition (Print Name) (Attorney LD. No.) If needed, use separate sheet to answer This Motion will be forwarded to the Court after the Response Date. No extension of the Response Date will be granted even if the parties so stipulate. \Ol_18X, LL4BX, RPB\CORR\233213\DBG\20850\O0101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Ralph P. Bocchino, Esquire Attorney I.D. 30186 BY: Thomas J. O'Malley, Esquire Attorney I.D. 72121 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2657 GLORIA ELKINS VS. OLYMPIC SKATING CENTER, INC. Attorneys for Defendant PHILADELPHIA COUNTY COURT OF COMMON PLEAS MAY TERM 2002 NO. 3144 ,2002, upon consideration of hereby ORDERED and DECREED that ORDER AND NOW, TO WiT, this / ~'<~day of Defendant's Preliminary Objections and Plaintiffs Answe~r~there~o, it is this matter is transferred to Cumberland County with all costs to be borne by Plaintiff. BY THE COURT: DOCKETED AUG 1 6 2002 M. DePASQUALE DAYFOFWVARD COPIES SENT PURSUANT TO Pa. R.C.P. 235(b) AUG 1 6 2002 Rrst dudic~ D~ of Pa. User/.D.:~ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGG1N BY: Ralph P. Bocchlno, Esquire Attorney I.D. 30186 BY: Thomas J. O'Malley, Esquire Attorney I.D. 72121 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2657 Attorneys for Defendant PHILADELPHIA COUNTY COURT OF COMMON PLEAS vs. MAY TERM 2002 GLORIA ELKINS OLYMPIC SKATING CENTER, INC. : NO. 3144 DEFENDANT OLYMPIC SKATING CENTER, INC.'S PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. 1028(a)(1) And now comes your Defendant, Olympic Skating Center, Inc., by and through their attorneys, Marshall, Dennehey, Warner, Coleman and Goggin, having received Plaintiffs Complaint and wishing to preliminarily object to the same based on improper venue avers as follows: I. IMPROPER VENUE 1. Plaintiff filed a Complaint in Civil Action with the Prothonotary of Philadelphia County on or about May 28, 2002, alleging various injuries as a result of a trip, slip and fall at the Olympic Skating Center, Inc. 2. Attached hereto and made part hereof and marked as Exhibit "A" is a true and correct copy of Plaintiffs Complaint in Civil Action. 3. Pursuant to ¶2 of Plaintiffs Complaint and the caption, Olympic Skating Center, Inc is located at 60 Shady Lane in Enola, Pennsylvania 17025-Cumb~land County, Pennsylvania. 4. At no time material to Plaintiffs Complaint did the Defendant have any ties whatsoever with Philadelphia County. 5. At no time material to Plaintiff's Complaint did the Defendant possess or control real estate in the city and county of Philadelphia. 6. At no time did Olympic Skating Center, Inc. have a registered office or registered agent in the city and county of Philadelphia. 7. At no time did Olympic Skating Center, Inc. do any business whatsoever in the city and county of Philadelphia. 8. Pa.R.C.P. 1006 provides "that an action against the defendant may be brought in and only in the coufities designated by the following rules-for a corporation," Pa.R.C.P. 2179 is referred to. (Please see Pa.R.C.P. 1006(b). 9. Pa.R.C.P. 2179 provides "a personal action against a corporation or similar entity may be brought in and only in (1) the county where its registered office or principal place of business is located; (2) a county where it regularly conducts business; (3) the county where the cause of action arose; (4) a county where a transaction or occurrence took place out of which the cause of action arose." 10. Pursuant to Pa.R.C.P. 2179, a review of Plaintiffs Complaint the site of the accident occurred in Enola, Pennsylvania, at Defendant's only place of business. WHEREFORE, pursuant to Pa.R.C.P. 1028, in conjunction with Pa.R.C.P. 1006 and Pa.R.C.P. 2179, this matter must be transferred to Cumberland County where it properly belongs. DENNEHEY, WARNER Defend/ RALPH P. I~OCCHII~tO, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Ralph P. Bocchino, Esquire Attorney I.D. 30186 BY: Thomas J. O'Malley, Esquire Attorney I.D. 72121 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2657 Attorneys for Defendant PHILADELPHIA COUNTY COURT OF COMMON PLEAS MAY TERM 2002 NO. 3144 GLORIA ELKINS VS. OLYMPIC SKATING CENTER, INC. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiff commenced the above action and civil action by filing a Complaint with the Prothonotary of Philadelphia County on or about May 28, 2002, alleging inter alia an accident involving the Plaintiff, Gloria Elkins, which occurred on October 20, 2000, at Defendant's premises located in Enola, Pennsylvania. Olympic Skating Center, Inc. is a small corporation owned by its chief shareholder, Duncan MacArthur. Olympic Skating Center, Inc. has its registered office and only place of business in Enola, Pennsylvania, which is located in Cumberland County. They do not have a registered office or principal place of business located in Philadelphia; they do not regularly conduct business in Philadelphia or any business for that matter; the cause of action arose in Cumberland County and the occurrence took place in Cumberland County. Under any analysis under Rule 2179 and pursuant to Plaintiff's Complaint, this matter must be transferred to Cumberland County. In the event this Honorable Court believes that venue can somehow lie in Philadelphia County, your Defendant would pray that this Court order depositions to be taken and supplemental Briefs to be filed if the Court deems it appropriate. Otherwise, the relief sought in the attached Order hereto must be granted. Respectfully submitted, ,L, DENNEHEY, WARNER I & GOGGIN P. BOCCHINO, ESQUIRE for Defendant MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Ralph P. Bocchino, Esquire Attorney I.D. 30186 BY: Thomas J. O'Malley, Esquire Attorney I.D. 72121 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2657 Attorneys for Defendant GLORIA ELKINS VS. OLYMPIC SKATING CENTER, INC. PHILADELPHIA COUNTY COURT OF COMMON PLEAS MAY TERM 2002 NO. 3144 CERTIFICATE OF SERVICE RALPH P. BOCCHINO, ESQUIRE, hereby certifies that on the date set forth below he served a tree and correct copy of the foregoing Defendant Olympic Skating Center, Inc.'s Preliminary Objections and Memorandum of Law in support thereof was served upon all counsel of record by first-class mail, postage prepaid: Marc C. Bendo, Esquire BROWNSTEIN AND VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 ~"~L, DENNEHEY, WARNER / COLEMT<& GOGGIN RALP P. BOC CHINO,-"E-~- UIRE Attom for Defendant Date: July 10, 2002 Exhibit A FAX NO. : 7~777631~91~ ~ ~ · ~ OLYMPIC ~KATING CENTER, ~NC. 2459 North Corlies Street ~~ "' '; ** 60 Shady Lane · ~hiladelphia, PA 1913~ Enola, PA 17025 NEGLIGENCE*$~I~ AND FALL - 2S .... None TO ~ PI{O~HONOTAR%,: Y~ No Kindly enter n~y app. earanqe on ,behalf of Plaintiff/Petitio~ler/AppellanC ?ap~rs may be served at t~c address set fo. rth below. *' .. Marc c. Bendo, ]~squ~re (235 ) 732=4780j '- ( 215 ) 732-5507 80075 1368 Spruc9 Street Philadelphia, PA 1 9107 PROM : ~TMB ~Browt3stein and Vitale, P.~. BY: Marc C. Bendo, Esquire IDENTIFICATION. N0; ~ 00q 5 1308 Spruce $~r~et' Philadelphia, PA 19107 (215) 732-4780 FAX NO. : 7177763090 . Jun. 12 2002 10:02RM P10 ATTORNEY FOR; Plaintiff GLORIA ELKINS 2459 North Corlies Street Philadelphia, PA 19132 COURT OF COMMON PLEAS MA'/L OO2 TERM, OLYMPIC SKATING CENTER, 60 Shady Lane Enola, PA 17025 INC. COMPLAINT - CIVIL ACTION N~GLIGENCE - SLIP, TRIP and FALL :- ATTEST MAY 2 8 200 B. PLEA_C.%~, PRO. 'NOTICE 'YOU SHO{JLD TAKE THIS PAPER TO YOUR LAWYER AY ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORO ONE, GO TO OR TELEPHONE.THE OFFICE SET FORTH BELOW TO FIND Ob1' WHERE YOU CAN GET LEGAL HELP. PHI;~ADE[.PHIA BAR ASSOCIATION LAWYER REFERRAL ar~l INFORMATION SERVICE (215)238-1701 'AVISO dernand~ e~ ~enlra Suya ~1 ~)~vio aW~ o notif~acio~ Adema$, fa {215) 238-1701 FROM ,: .TMB FAX NO. : 717775~9~ Jun. 12 2~2 09:58~'p2 BROW~IST~, AND V1TALE, P.C. B~. MARC C. BENDO, ESQUmE I,D. 1~O.: 80075 1308 Spruce Stre~ Phfladelphla, Pennsylvania 19107 (21S) 732-4780 GLORIA ELKINS 2459 North Corlies Street Philadelphia, Pennsylvania 19132 OLYMPIC Si~kl~.G CHOLeR, INC. 60 ShadyLane Enol~ Pem~s~vania 17025 THIS IS AN MAJOR CASE, AN ASS~-SSMENT OF DAMAGES HEAPING IS KEQUIRED. ATTORNEY FOR PLAINTIFF(S) COURT OF COMMON PLEAS PHILADELPHIA COUNTY NO. COMPLAINT - ~ ACTION NEGLIGENCE- 2S/SLIP ANDFALL I. Plaintiff~ GLORIA ELKINs, is an adult individual residing at the above captioned address. 2. Defendant, .OLYMPIC SKATING, CENTER, INC. (hereinafter "OLYMPIC"), is, upon information and belief, a duly organized Corporation, licensed to and doing business in the Commonwealth o£Pennsylvanla, with a principal place of business located at the above captioned address. 3. At all times material hereto, Defendant, OLYMPIC, owned, operated, managed, maintained, and/or centrolled its business premises~ to wit, its skating rink and snack bar, held same open to members of the publin for financial gain,, and a/lowed business invitees, such as the Plaintiff, to come onto tim business premises for that purpose. l FROM : ]'MB FAX NO. : 71~7TG3090 Jun. 12 2002 09:S8AM"~1~3 At all times material hereto, Defendant, OLYMPIC, ran, maintained, inspected, staffed, controlled, and had the respons~ility of monitoring its business pretmses. At ail limes material hereto, Defendant, OLYMPIC, had a duty to maintain said business premises, including the aforementioned real estate, in a safe and secure condition for persons lawfully prment thereon, including business invitees, such as PIaintif~ GLOR/A ELKINS. 6. At all times mater/al hereto, Defendant, OLYMPIC, acted or failed to act by and through its agent% servants, workn~en, and/or employees, who were then and.there acting within the course and scope of their employment and in fl~rtherance of the business of Defendant, OLYMPIC. 7. At all times material hereto, Defendant, OLYMPIC, advertised and otherwise engaged in significant business practices in the City and County of Philadelphia, Commonwealth of Pennsylvania. 8. On or about October 20, 2000, at approximately 12:00 P.M., Plaintiff, GLORIA ELKINS, was lawfully present upon the business premises o£Defendant, OLYMPIC, as a business invitee, when she was injured as a result o£a dangerous and defective condition then and there existing of the aforementioned real estate of Defendant. To wit, Plaintiff; GLORIA ELK/NS, as a result ora presently unidentified liquid then and there existing ~n tho floor, was caused to slip, trip, and/or 9. The aforexnonfioned dangerous and defective condition was then and there existing of Defendant's business premises for a substantial period of'time be-fore the happening o£the incident involving Plalnti~ GLORIA ELK. INS. 2 FROM : TM~ FAX NO. : 71",' ,' ,'6.3~9~ .Tun. 12 2~2 ~ag:591:~H ...~4 .On or about October 20, 2000, and for a substantial period o£time prior .I0. thereto, Plaintiff.believes and therefore avers, that Defendant, OLYMPIC, had, or should have had, actual or constructive notice of the existence of the aforementioned dangerous, ba~srdous, and defective condition which existed on/of the premises above mentioned for a s,,fllcient time prior to the occurrence ofsald accident, to have been able to remedy I 1. Notwith.standing its duty, Def~dant, OLYMPIC, did, on the aforementioned date, and for some time prior thereto, carelessly, negligently, and/or recklessly allow and p¢~mlt the aforementioned dangerous, hazardous and defective condition to remain on the premises, thereby making it extremely dangerous and hazardous for individuals lawfully upon the premises including Plaintiff, GLOKIA EI.K1NS. 12. As a direct and proximate result of the above referenced incident, Plaintiff sustained the damage, injury, harm, and 1osses more fully described herein. 13. The aforementioned incident was caused solely as the result of the negligence, caretesmess, and recklessness of the Defendant, and was due in no way as a resnlt of/he actions and/or inactions ofl~lainfitfs. 14. The carelessness, negligence, and/or recklessness of Defendant, GLORIA ELKINS, by and through its authorized agents, servants, workmen and/or employees consisted of, inter alia: a. Failing to properly inspect said premises; b. Causing the aforesaid dangerou% defective and hazardous condition by and through its agents, md/or t~ailing to correct the said condition of which FRE~M : TMB FP.X HO. : 71777G~ ..Tun. 12 2B~r2 ~9:Sgg~9",p~s . ,/ . Defendant was aware, or should have b~n aware prior to said accident occu_,-dng; e. Fa//ing to warn business invitees, such as Plaintiff, of the dangerous, defective and hazardous condition at the point where tiffs incident occurred; d. Fa/ling to maintain tho prcnfiscs in a condition which would protect and safeguard persons lawfully present upon Defendant's business prcm/ses; e. Allowing and permitting the aforementioned dangerous, defective and .hazardous condition to exist and remain on the premises, so as to constitute a menace, danger, and/or nuisance to persons lawfully present thereon; f. Failing to properly erect and secure guardrails to protect individuals, such as Plaintiff, fi-om being caused to slip, trip, and fall; g. Failing tO properly install a walking surface that is slip-resistant despite the express and hnplied knowledge of high traffic with regard to the aforementioned real estate; h. Fa/ling t~) properly erect, secure, maintain, monkor, inspect, and timely repair the flooring so a~ protect individuals, such as Plaintiff, bom be/ne caused to sl/p, trip, and fall; i. Failing to erect and/or secure signage regarding the dangerous and defective condition of the sta/rway so as to want individuals such as Plaintiff;. 4 FROM ~ ]'MB FAX NO. : 7177763090 . Jun. 1~ ~00~ 10:00AM'~F5 .Failing to use materials appropriate/'or a hig~-traflic a~ea or other sari:guards to protect or minim/ze physical injuries ~nsed by the aforementioned iht/dent; Failing to properly monitor, o'verse~ or otherwise supcrv/se the De/'e~nd~t's appointed agents, servants, workmen, and/or employees charged with cleaning, and/or inspecting the floor of the subject business preroises; Failing to corre~ the dangerous, dct'ective, and hazardous condition, which De~endant knew or should have known existed and which constituted a danger to business invitees taw~lly walking on Defendant's business premises; Allowing and permitting members of the publio, including the Plaintiff, to enter the aforesaid premises despite the Defendant's knowledge of tho existence of the hazardou% defective and dangerous conditions; ' Failing to maintain the premises in a proper manner; Failing to employ a sufficient number of properly trained personnel qualified to maintain the pr~mises in a safe condition; Failing to hire, employ, retain, and/or properly train personnel suftieiantly qualified to supervise, monitor and/or inspect the maintenance of the premises; Violating the relevant statute, code, and/or local ordinance applicable on the date ofthls occurrence; Res Ipsa Loquitor; FROM ; ~TMB FAX NO. : 7177-763090 Jun. 12 2002 10:00RM'~R? · s. . Negligence per se; t. Negligenee at law; and u. Otherwise failing to exercise due and proper care under the circumstances. 15. By reason of the aforesaid carelessness, negligence and/or recklessness of the Defendant, OLYMPIC, Plaintiff,, GLORL~ ELKINS, suffered severe and permanent injuries to her head, neclg baclc, rtg~ ankle and right leg, including but not limited to bimalleolar fight ankle fl'a~ure necessitating Open Reduction Internal Fixation, and other internal injuries of an unknown nature, severe aches, pains, mental anxiety and anguish and other injuries, the full extant of which are not yet known. 16. As a result of the aforementioned injuries caused by the carelessness, negligence and/or recklessness of the Defendant, OLYMPIC, ?laintiff, GLORIA ELK1NS, has in the past and will in the future suffer severe pain and suffering as a result of which she has in the past and will in the future be unable to attend to her usual daily activities to her financial detriment and loss. 17. As a result of the aforementioned injuries caused by the carelessness, negligence and/or recklessness of the Defendant, OLYMPIC, as aforementioned. Plaintiff, GLOR/A ELK, S, has eXPerienced great pain and suffering bom the ~oresaid injuries and wig continue to suffer fi`om the game for an indefinite time in the furore. 18. As a result of the aforementioned injuries caused by the carelessness, ' negligence and/or recklessness of'the Defendant, OLYMPIC, as aforementioned, Plaintiff~ GLORIA ELKI~$, has been and probably will in the future b~ obliged to expand large and various sums of money for medieai treatment in an attempt to cure herself of her aforesaid injuries. ~. ~--- ~ ~ V_ .v ~9. AS ~ result or'he ~orement/on~l injurie~ caused by thc carelessness, negligence an~/or recklessness of the Defendant, OLYMPIc, as ~orcment/oned, PlaintS, GLORIA ELKIN$, has ~ost the wuges o~her employmerit. Her earning capacity has been impakcd. WI-IEaREFORE, Plainti~, GLORIA ELKIN$, demands judgment against De£cndant, OLYMPIC, in an amount in excess of F~y Thousand ($50,000.00) Dollars plus interest and costs and delay damages pursuant to Rule 238 of the Pennsylvania Rules of Civil Procedure. BROWNSTEIN AND V1TALE, P~C. BY: _ MARC C. BENDO, ESQUI~ ~.~--~.'," VERIFICATION The undersigned, having read th~ attached pleading, verify that the within pleading is based upon information furnished to counsel, which information has been gathered by counsel in the course o/'this lawsuit. The language of the pleading is that of counsel, and not of signers. Signers verify that thc)' have read the within pleading and that it is true and correct to the best of'signers' knowledge, information, and belief. To the extent that the contents are that o£ counsel, verifiers have relied upon counsel in taking th/s verification. This ver/fication is made subject to the penalties of18 Pa.C.S. Section 4904 relatin~ to unsworn falsification to authorities. DATED: GLORIA E/~KINS Sd 14~TO:OT ~00~ ~T '~n£ 1~0£~T~ : 'OH A REGIONAL DEFENSE LITIGATION LAW FIRM 1845 Walnu{ Stree{ · Philadelphia, PA 19103-4797 (21S) S75-2600 · Fax (21S) S7S-0856 Direct Dial: 215-575-2634 Email: rbocchino~mdwcg.com Mare C. Bendo, Esquire BROWNSTEIN AND VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 July 10, 2002 Re2 Gloria Elkins v. Olympic Skating Center, Inc. PCCP May Term, 2002 No. 3144 Our File No: 20850.00101 Dear Mr. Bendo: Enclosed herein please find Defendant's Preliminary Objections with regard to the above-captioned matter. As I advised you, we cannot discuss settlement since we have nothing in the file pertaining to your client's claim with regard to her damages or your theory of liability and my client is not inclined to discuss settlement in any event since we do not know the above. Accordingly, under the Local Rules of Civil Procedure, you have 30 days to file a response to our Prelirfiinary Objections. In the meantime, I will see if we can save the Court some time and continue to try to reach Mr. Brownstein, who I have left a couple of messages for. Thank you for your cooperation.. Enclosure ~01-18~LIAB~RPB\CORR~233239~DBG~20850~0 l 01 yERIFICATION I, RALPH p. BOCCHINO, ESQUIRE, Partner at Marshall, Dennehey, Warner, Coleman and Goggin, affirms and declares that my clients and the appropriate agents, servants, workmen or employees concerning this lawsuit are beyond the jurisdiction of the Court and that in order to obtain an appropriate Verification the time limits in which to respond to the within pleading will not be met, and accordingly I am authorized to take this Verification and the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom~.n to a~ R~P' ~HINO, ESQUIRE \01 __ 18 \LIABLRPB\CO RR~233458~DBG~0850\00101 Court of Common P[ea~ of Philaclelph/a County THai Div/dun Ci 41 Cover Sheet GLORIA ELKINS MA'{' zOO?- 2459 North Corlies Street Philadelphia, PA 19132 One (1) One (1) OLYMPIC SKATING CENTER, INC. 60 Shady Lane Enola, PA 17025 NEGLIGENCE SLI~ .AND FALL - 2S None TO TH]E PROTHONOTARY: K~dJy enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at thc address set forth below. ". Marc C. Bendo~ Esquire ,.~Ne~.e~ ' "( 215 ) 732-5507 (215) 732'4780 1308 Spruce Street Philadelphia, PA 19107 80075 Brownstein and Vitale, P.C. BY: Marc C. Bendo, Esquire IDENTIFICATION NO. 80075 1308 Spruce Street Philadelphia, PA 19107 (215) 732-4780 ATTORNEY FOR: Plaintiff GLORIA ELKINS 2459 North Corlies Street Philadelphia, PA 19132 VS. OLYMPIC SKATING CENTER, 60 Shady Lane Enola, PA 17025 INC. COURT OF COMMON PLEAS,,.,~ TERM, NO. COMPLAINT - CIVIL ACTION NEGLIGENCE - SLIP, TRIP and FALL "NOTICE "You have been sued in court. If you wish to defend against the claims set fodh in the following pages, you must take action within twen[y (20) days after this complaint and notice are served, by entering a written appearance personaliy or by attorney and filing in wdting with the court your defenses or objections to the claims set fotth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without furiher notice for any money claimed in the complaint or for any other claim or relief ~equested by the plaintiff. You may lose money or p operty or other rights ~mpodanf to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOTAFFORD ONE, GO TO OR TELEPHONE THE OPFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL and INFORMATION SERVICE One Reading Center Philadelphia, Pennsylvania t 9107 (215) 238-1701 "AVISO "Lc han demandado a usted en la code. Si usted quiere defenderse de estas demandas expuestas en las pagir~as siguientes, usted tiene veinte (20) dias, de plazo al padir de la fecha de la demanda y la notifi- cacion. Hace falta asentar una comparencia excrita o en persona o con un abogado y entragar a la corte eD forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Scs avisado que si usted no se defiende, la cor~a tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la code puede decidir a favor del demandante y requiem que usted cumpla con todas las provisiones de esta demanda. Usted puede perrier dinero o sus propiedades u otros derechos impor~antes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIFNE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIClO, MAYA EN PERSONA O LLAME POR TELE- FONO A LA AFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARAAVERIGUAR DONDE SE PUEDE CONSEGUIR ASIS- TENClA LEGAL. ASSOClACION DE LICENDIADOS DE FILADELFIA SER- VICIO DE REFENCIA E INFORMACION LEGAL One Reading Center Philadetphia, Pennsylvania 19107 (215) 238-1701 BROWNSTEIN AND VITALE, P.C. BY: MARC C. BENDO, ESQUIRE I.D. NO.: 80075 1308 Spruce Street Philadelphia, Pennsylvania 19107 (215) 732-4780 GLORIA ELKINS 2459 North Corlies Street Philadelphia, Pennsylvania 19132 VS. OLYMPIC SKATING CENTER, INC. 60 Shady Lane Enola, Pennsylvania 17025 THIS IS AN MAJOR CASE. AN ASSESSMENT OF DAMAGES HEARING IS REQUmED. ATTORNEY FOR PLAINTIFF(S) COURT OF COMMON PLEAS PHILADELPHIA COUNTY MA'1-2902 TERM, 2002 OOg1&4 COMPLAINT - CIVIL ACTION NEGLIGENCE - 2S/SLIP ANDFALL 1. Plaintiff, GLORIA ELK/NS, is an adult individual residing at the above captioned address. 2. Defendant, OLYMPIC SKATING, CENTER, INC. (hereinafter "OLYMPIC"), is, upon information and belief, a duly organized Corporation, licensed to and doing business in the Commonwealth of Pennsylvania, with a principal place of business located at the above captioned address. 3. At all times material hereto, Defendant, OLYMPIC, owned, operated, managed, maintained, and/or controlled its business premises, to wit, its skating rink and snack bar, held same open to members of the public for financial gain, and allowed business invitees, such as the Plaintiff, to come onto the business premises for that purpose. 4. At ail times materiai hereto, Defendant, OLYMPIC, ran, maintained, inspected, staffed, controlled, and had the responsibility of monitoring its business premises. 5. At all times material hereto, Defendant, OLYMPIC, had a duty to maintain said business premises, including the aforementioned real estate, in a safe and secure condition for persons lawfully present thereon, including business invitees, such as Plaintiff, GLORIA ELKINS. 6. At all times material hereto, Defendant, OLYMPIC, acted or failed to act by and through its agents, servants, workmen, and/or employees, who were then and there acting within the course and scope of their employment and in furtherance of the business of Defendant, OLYMPIC. 7. At all times material hereto, Defendant, OLYMPIC, advertised and otherwise engaged in significant business practices in the City and County of Philadelphia, Commonwealth of Pennsylvania. 8. On or about October 20, 2000, at approximately 12:00 P.M., Plaintiff, GLORIA ELKINS, was lawfully present upon the business premises of Defendant, OLYMPIC, as a business invitee, when she was injured as a result of a dangerous and defective condition then and there existing of the aforementioned reai estate of Defendant. To wit, Plaintiff, GLORIA ELKINS, as a result of a presently unidentified liquid then and there existing on the floor, was caused to slip, trip, and/or fail. 9. The aforementioned dangerous and defective condition was then and there existing of Defendant's business premises for a substantiai period of time before the happening of the incident involving Plaintiff, GLORIA ELKINS. 2 10. On or about October 20, 2000, and for a substantial period of time prior thereto, Plaintiffbelieves and therefore avers, that Defendant, OLYMPIC, had, or should have had, actual or constructive notice of the existence of the aforementioned dangerous, hazardous, and defective condition which existed on/of the premises above mentioned for a sufficient time prior to the occurrence of said accident, to have been able to remedy 11. Notwithstanding its duty, Defendant, OLYMPIC, did, on the aforementioned date, and for some time prior thereto, carelessly, negligently, and/or recklessly allow and permit the aforementioned dangerous, hazardous and defective condition to remain on the premises, thereby making it extremely dangerous and hazardous for indMduals lawfully upon the premises including Plaintiff, GLORIA ELKINS. 12. As a direct and proximate result of the above referenced incident, Plaintiff sustained the damage, injury, harm, and losses more fully described herein. 13. The aforementioned incident was caused solely as the result of the negligence, carelessness, and recklessness of the Defendant, and was due in no way as a result of the actions and/or inactions of Plaintiffs. 14. The carelessness, negligence, and/or recklessness of Defendant, GLORIA ELKINS, by and through its authorized agents, servants, workmen and/or employees consisted of, inter alia: a. Failing to properly inspect said premises; b. Causing the aforesaid dangerous, defective and hazardous condition by and through its agents, and/or falling to correct the said condition of which 3 Defendant was aware, or should have been aware prior to said accident occurring; Failing to warn business invitees, such as Plaintiff, of the dangerous, defective and hazardous condition at the point where this incident occurred; Failing to maintain the premises in a condition which would protect and safeguard persons lawfully present upon Defendant's business premises; Allowing and permitting the aforementioned dangerous, defective and hazardous condition to exist and remain on the premises, so as to constitute a menace, danger, and/or nuisance to persons lawfully present thereon; Failing to properly erect and secure guardrails to protect individuals, such as Plaintiff, from being caused to slip, trip, and fall; Failing to properly install a walking surface that is slip-resistant despite the express and implied knowledge of high traffic with regard to the aforementioned real estate; Falling to properly erect, secure, maintain, monitor, inspect, and timely repair the flooring so as protect individuals, such as Plaintiff, from being caused to slip, trip, and fall; Failing to erect and/or secure signage regarding the dangerous and defective condition of the stairway so as to warn individuals such as Plaintiff, 4 j. Failing to use materials appropriate for a high-traffic area or other safeguards to protect or minimize physical injuries caused by the aforementioned incident; k. Failing to properly monitor, oversee, or otherwise supervise the Defendant's appointed agents, servants, workmen, and/or employees charged with cleaning, and/or inspecting the floor of the subject business premises; 1. Failing to correct the dangerous, defective, and hazardous condition, which Defendant knew or should have known existed and which constituted a danger to business invitees lawfully walking on Defendant's business premises; m. Allowing and permitting members of the public, including the Plaintiff, to enter the aforesaid premises despite the Defendant's knowledge of the existence of the hazardous, defective and dangerous conditions; n. Failing to maintain the premises in a proper manner; o. Failing to employ a sufficient number of properly trained personnel qualified to maintain the premises in a safe condition; p. Failing to hire, employ, retain, and/or properly train personnel sufficiently qualified to supervise, monitor and/or inspect the maintenance of the premises; q. Violating the relevant statute, code, and/or local ordinance applicable on the date of this occurrence; r. Res Ipsa Loquitor; 5 s. Negligence per se; t. Negligence at law; and u. Otherwise failing to exercise due and proper care under the circumstances. 15. By reason of the aforesaid carelessness, negligence and/or recklessness of the Defendant, OLYMPIC, Plaintiff, GLORIA ELKINS, suffered severe and permanent injuries to her head, neck, back, right ankle and right leg, including but not limited to bimalleolar right ankle fracture necessitating Open Reduction Internal Fixation, and other internal injuries of an unknown nature, severe aches, pains, mental anxiety and anguish and other injuries, the full extent of which are not yet known. 16. As a result of the aforementioned injuries caused by the carelessness, negligence and/or recklessness of the Defendant, OLYMPIC, Plaintiff, GLORIA ELKINS, has in the past and will in the future suffer severe pain and suffering as a result of which she has in the past and will in the future be unable to attend to her usual daily activities to her financial detriment and loss. 17. As a result of the aforementioned injuries caused by the carelessness, negligence and/or recklessness of the Defendant, OLYMPIC, as aforementioned, Plaintiff, GLORIA ELKINS, has experienced great pain and suffering from the aforesaid injuries and will continue to suffer from the same for an indefinite time in the future. 18. As a result of the aforementioned injuries caused by the carelessness, negligence and/or recklessness of the Defendant, OLYMI~IC, as aforementioned, Plaintiff, GLORIA ELKINS, has been and probably will in the future be obliged to expend large and various sums of money for medical treatment in an attempt to cure herself of her aforesaid injuries. 19. As a result of the aforementioned injuries caused by the carelessness, negligence and/or recklessness of the Defendant, OLYMPIC, as aforementioned, Plaintiff, GLORIA ELKINS, has lost the wages of her employment. Her earning capacity has been impaired. WHEREFORE, Plaintiff, GLORIA ELKINS, demands judgment against Defendant, OLYMPIC, in an amount in excess of Fifty Thousand ($50,000.00) Dollars plus interest and costs and delay damages pursuant to Rule 238 of the Pennsylvania Rules of Civil Procedure. BROWNSTEIN AND VITALE, P.C. BY: VERIFICATION The undersigned, having read the attached pleading, verify that the within pleading is based upon information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel, and not of signers. Signers verify that they have read the within pleading and that it is tree and correct to the best of signers' knowledge, information, and belief. To the extent that the contents are that of counsel, verifiers have relied upon counsel in taking this verification. This verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATED: GLORIA ELKINS MARSHALL, DENNEHEY, WARNER, COLEMAN BY: Ralph P. Bocchino, Esquire Attorney I.D. 30186 BY: Thomas J. O'Malley, Esquire Attorney I.D. 72121 1845 Walnut Street Philadelphia, PA 19103 (215) 575 -2657 F' :ROTHY Attorneys for Defendant GLORIA ELKJNS OLYMPIC SKATING CENTER, INC. PHILADELPHIA COUNTY COURT OF COMMON PLEAS MAY TERM 2002 NO. 3144 ENTRY OF APPEARANCE JURY TRIAL DEMANDED FEE PERFECTED TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Olym~:'Skating Center, Inc., in the above-captioned matter. ~ ~ j ~ BY: / THOMA IOCCHINO, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN BY: Ralph P. Bocchino, Esquire Attorney I.D. 30186 BY: Thomas J. O'Malley, Esquire Attorney I.D. 72121 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2657 Attorneys for Defendant /o/~ 0 [~[? 0 TH y GLORIA ELKINS VS. OLYMPIC SKATING CENTER, INC. PHILADELPHIA COUNTY COURT OF COMMON PLEAS MAY TERM 2002 NO. 3144 DEFENDANT OLYMPIC SKATING CENTER, INC.'S PRELIMINARY OBJECTIONS PURSUANT ~ 77 TO Pa.R.C.P. 1028(a}(1) i And n~ comes your Defendant, Olympic Skating Center, Inc., by and through their attorneys, Marshall, DerlneF/e~er, Coleman and Goggin, having received Plaintiffs Complaint and wishing to preliminarily object to the same based on improper venue avers as follows: I. IMPROPER VENUE 1. Plaintiff filed a Complaint in Civil Action with the Prothonotary of Philadelphia County on or about May 28, 2002, alleging various injuries as a result of a trip, slip and fall at the Olympic Skating Center, Inc. 2. Attached hereto and made part hereof and marked as Exhibit "A" is a true and correct copy of Plaintiff's Complaint in Civil Action. 3. Pursuant to ¶2 of Plaintiffs Complaint and the caption, Olympic Skating Center, Inc is located at 60 Shady Lane in Enola, Pennsylvania 17025-Cumberland County, Pennsylvania. 4. At no time material to Plaintiffs Complaint did the Defendant have any ties whatsoever with Philadelphia County. 5. At no time material to Plaintiffs Complaint did the Defendant possess or control real estate in the city and county of Philadelphia. 6. At no time did Olympic Skating Center, Inc. have a registered office or registered agent in the city and county of Philadelphia. 7. At no time did Olympic Skating Center, Inc. do any business whatsoever in the city and county of Philadelphia. 8. Pa.R.C.P. 1006 provides "that an action against the defendant may be brought in and only in the counties designated by the following rules-for a corporation," Pa.R.C.P. 2179 is referred to. (Please see Pa.R.C.P. 1006(b). 9. Pa.R.C.P. 2179 provides "a personal action against a corporation or similar entity may be brought in and only in (1) the county where its registered office or principal place of business is located; (2) a county where it regularly conducts business; (3) the county where the cause of action arose; (4) a county where a transaction or occurrence took place out of which the cause of action arose." 10. Pursuant to Pa.R.C.P. 2179, a review of Plaintiffs Complaint the site of the accident occurred in Enola, Pennsylvania, at Defendant's only place of business. WHEREFORE, pursuant to Pa.R.C.P. 1028, in conjunction with Pa.R.C.P. 1006 and Pa.R.C.P. 2179, this matter must be transferred to Cumberland County where it properly belongs. MARS~3~L~ DENNEHEY, WARNER ( RALPH e. ] IOCCHINO, ESQUIRE fo~ mDefendant \05_AkL1ABUPMkLLPG\105562kKMDk28050~00101 GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : MAY, 2002 TERM : DOCKET NO. 02-4932 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Olympic Skating Center, Inc., in the above-referenced matter. DATE: \ ~k.O/~'~ BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GO,GIN JO,~P'I~ F. ~, ESQU i,?lb. No. 7811~' 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : MAY, 2002 TERM : DOCKET NO. 02-4932 : CERTIFICATE OF SERVICE I, Joarme M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ ~'~ day of ~ ~xKk, 2002, served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 Joa~e M. Parr GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : MAY, 2002 TERM : : DOCKET NO. 02-4932 NOTICE TO PLEAD TO: Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiff's Complaint on behalf of Defendant, Olympic Skating Center, Inc., within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: \ ~\~:~:~ BY: I.D~No. 78119 4200 Crums Mill Road, Suite B Harrisburg, PA ltl 12 (717) 651-3509 Attorney for Defendant Olympic Skating Center, Inc. \05_A'xLIAB~JPM'xLLP G\ 105569~,ID~28050~00101 GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : MAY, 2002 TERM : : DOCKET NO. 02-4932 : DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that at all times relevant to Plaintiffs cause of action, Defendant owned, operated, managed, maintained, and/or controlled its business premises, including the skating rink and snack bar. The remainder of the averments contained in this paragraph are legal conclusions to which no response is required. To the extent that a response is required, the remaining averments are denied generally in accordance with Pa. R.C.P. 1029(e). 4. Admitted in part and denied in part. It is admitted that at all times relevant to Plaintiffs cause of action, Defendant Olympic ran, maintained, inspected, staffed, and controlled its business premises; however, to the extent that the averments set forth in this paragraph allege that Answering Defendant had notice of the allegedly dangerous condition set forth in the Complaint and failed to exercise reasonable care, the same is denied on the grounds that it constitutes a legal conclusion to which no response is required. To the extent it is not a legal conclusion, Answering Defendant denies generally that averment, pursuant to Pa. R.C.P. 1029(e). The remainder of the averments contained in this paragraph are legal conclusions to which no response is required. 5. Said averment contains legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 6. Admitted in part and denied in part. It is only admitted that Answering Defendant, on occasion, acts through its agents, servants, workmen, and/or employees who at times so act within the course and scope of their employment. However, the averments as set forth in this paragraph are legal conclusions to which no response is required. To the extent that a response is required, the averments contained in this paragraph, as stated, are denied generally in accordance with Pa. R.C.P. 1029(e). 7. The averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 8. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 9. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 10. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 11. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 12. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 13. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 14. Subparagraphs (a) through (u), said averments contain legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained these paragraphs are denied generally, pursuant to Pa. R.C.P. 1029(e). In addition, Answering Defendant is unable to determine the meaning of the allegations set forth in subparagraphs (n), and (q-u) paragraph 14 of the Complaint in that said subparagraphs are vague legal conclusions and do not contain material allegations of fact. Presumably, said subparagraphs are limited to the factual averments set forth in paragraph 8 of the Complaint. 15. Said averment contains legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 16. Said averment contains legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 17. Said averment contains legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 18. Said averment contains legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 19. Said averment contains legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Answering Defendant respectfully requests that Plaintiff's Complaint be dismissed, in its entirety, with prejudice. 21. granted. 22. this action 23. 24. NEW MATTER 20. The answers to Paragraph 1 through 19 are incorporated herein by reference as if fully set forth at length. The Plaintiff may have failed to state a cause of action upon which relief can be The applicable Statute of Limitations may have expired prior to the institution of Answering Defendant was not negligent. Any acts or omission of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 25. The incident and/or damages described in Plaintiffs Complaint may have been caused or contributed to by the Plaintiff. 26. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 27. The Plaintiff may have assumed the risk. The Plaintiff may have been contributorily negligent. 28. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Answering Defendant. 29. Plaintiff may not have properly mitigated her damages. WHEREFORE, Answering Defendant respectfully requests that Plaintiffs Complaint be dismissed, in its entirety, with prejudice. By: Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN h F. Mur~h~],~sq}t~re Qd~omey ID No.'~81'1'9 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant VERIFICATION Joseph F. Murphy, Attorney for Defendant, Olympic Skating Center, Inc., verifies that the facts set forth in the Answer with New Matter to Plaintiff's Complaint are tree to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : MAY, 2002 TERM : : DOCKET NO. 02-4932 : CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of~, 2002, served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 Jo~e M. Parr BROWNSTEIN AND VITALE, P.C. BY: MARC C. BENDO, ESQUIRE I.D. NO.: 80075 1308 Spruce Street Philadelphia, PA 19107 GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant ATTORNEY FOR PLAINTIFF(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY TERM, 2002 DOCKET NO.: 02-4932 PLAINTIFF'S REPLY TO THE NEW MATTER OF DEFENDANTS Plaintiff, Gloria Elkins, by and through her attorneys, Brownstein and Vitale hereby replies to the New Matter of Defendant as follows: 20. Plaintiffherein incorporates any and all averments inPlaintiW s Civil Action Complaint by reference as if fully set forth at length. 21. Denied. This averment is a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. Same is therefore denied with strict proof thereof demanded at time of trial. 22. Denied. This ave,ment is a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. Same is therefore denied with strict proof thereof demanded at time of trial. By way of further answer PlaintiWs Civil Action Complaint was filed on May 28, 2002, and the date of PlaintiWs injury was October 20, 2000, and as such PlaintiWs Complaint was filed within the two year Statute of Limitations applicable to this matter. 23. Denied. It is specifically denied that answering Defendant was not negligent at all times material to Plaintiff s Civil Action Complaint' Same is denied factually, with strict proofthere°f demanded at time of trial. To the extent this averment is a conclusion of law, same is denied as no responsive pleading is necessary under the applicable Rules of Civil Procedure. Again, strict proof thereof is demanded at time of trial. 24. Denied. This averment is a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. Same is therefore denied with strict proof thereof demanded at time of trial. 25. Denied. This averment is a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. Same is therefore denied with strict proof thereof demanded at time of trial. 26. Denied. This averment is a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. Same is therefore denied with strict proof thereof demanded at time of trial. By way of further answer Defendant has not identified any other individuals and/or entities either prior litigation, subsequent to litigation, or in the instant answer with New Matter. 27. Denied. This averment is a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. Same is therefore denied with strict proof thereof demanded at time of trial. 28. Denied. This averment is a conclusion of law to Which no responsive pleading is required under the Rules of Civil Procedure. Same is therefore denied with strict proof thereof demanded at time of trial. Denied. This averment is a conclusion of law to which no responsive pleading is Same is therefore denied with strict proof thereof 29. required under the Rules of Civil Procedure. demanded at time of trial. WHEREFORE, Plaintiff, Gloria EIkins hereby requests this honorable Court dismiss the New Matter of Defendant and Enter a Judgment in her favor. BRO~ST//~lq AND VITALE SQtm ATTOK ~FOR PLAINTIFF(S) CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GLORIA ELKINS COURT OF COMMON PLEAS TERM, -VS- OLYMPIC SKATING CENTER, INC. CASE NO: 02-4932 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, ESQ. certifies that (1) A notice of intent to serve the subpoena wil2h a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/12/2002 Attorney for DEFENDANT DElt-372827 , O 9 8 7 3 --LO 1 C OlVllVlO 511,~ -:AL T H OF PENN $ YI_.VANIA COUNTY OF CI_IlVlBE]~.LAND IN THE MATTER OF: GLORIA ELKINS -VS- OLYMPIC SKATING CENTER, INC. COURT OF COMMON PLEAS TERM, CASE NO: 02-4932 NOTICE OF INTENT TO SERVE A SUBPORNA TO PRODUCE DOCrm~.NTS ANn 'rltlNGS FOR DISCOveRY PO~th%NT TO RULE 4009.21 RR.~LTHLINE CHIROPRACTIC, INC. SCOI~JJ SUPPLY COMPANY HARRISBURG HOSPITAL HARRISBURG HOSPITAL MEDICAL, BILLING, A~D X-RAY(S) O'rtu~K MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO= F~RKC. BENDO, ESQ. HCS on behalf of JOSEPH F. ~u~PHY, Esq. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the ' undersiEned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena ,my be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our locaX HCS office. DATE: 10123/2002 CC= JOSEPH F. MURPHY, ESQ. - 28050-00101 HCS on behalf of JOSEPH F. MORPHY~ ESq. Attorney for DEFENDANT Any questions regarding this matter, contact TRRMCS GROUP INC. 1601MARKET STREET ;800 PHTIJ~DELPHIA, PA 19103 (215) 246-0900 DE02-204520 09873--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GLORIA ELKINS : : VS : : OLYMPIC SKATING CENTER, INC. : : File No. 02-4932 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009_~9 CUSTODIAN OF RECORDS FOR: HEALTNLINE CHIROPRACTIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doeuments or things: R~ I T"P A ~Iql~l~ at MCS GROUP INC., 1601 MARKET BT, #800, PHILA. ,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by thia subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with il:. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JOSEPH F. MURPHY~ ESQ. &?O0 CRIER MIT.T, RD.. STE HARRISBURG, PA 17112 TELEPHONE: 21 ~-2&6-0900 SUPREME COURT ID #: A i-I'ORNEY FOR: DEPl~.~ql3ANT DATE: Seal of the Court BY,.THE COURT,---, . ,~ -- Prothonotary/Clerk, C~vioion (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHLINE CHIROPRACTIC, INC. 325 S. 22ND STREET PHILADELPHIA, PA 19103 RE: 9873 GLORIA ELKINS Entire medical, billing, and diagnostic records including but not limited to all computerized records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, histoo' and physical reports, medication/prescription records, medical billing and paymem records, diagnostic films and tests, including MRI films, CAT scans, EEGs, EKGs, EMGs and subsequent reports relating to any examination, consultation, diagnostic care or treatment pertaining to: Dates Requested: up to and including the present. Subject: GLORIA ELK1NS Social Security #: 162-58-1207 Date of Birth: 07-04-1976 SU10-405538 0 9873--L0 1 CHRTIFICATE PREREQUISITE TO SRRVIC~ OF A SUBPOENA PURSUANT TO RULE 400~.22 IN THE MATTER OF: GLORIA ELKINS COURT OF COMMON PLEAS TERM, -VS- OLYMPIC SKATING CENTER, INC. CASE NO: 02-4932 AS a prerequisite to service of a subpoena for documents and thin§s pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/12/2002 MCS on behalf of JOSEPH ]?. MURPHY, ESQ. Attorney for DEFENDANT DEll-372828 O 98 73 --LO2 CO~O5 -:AL TH OF PENN[SYLVANIA COUNTY OF C~3~4BE:RLAND IN THE MATTE~ OF: GLORIA ELKINS -VS- OLYMPIC SKATING CENTER, INC. COURT OF COMMON PLEAS TE~M, CASE NO: 02-4932 NOTICE OF INTI/I/T TO SERVE A SUBPOENA TO PRODUCE DOCU~.NTS AND FOR DISCovERY PURSUANT TO Rr_~.~ 4009.2] ~.AT.X~LINK CHIROPRACTIC, INC. SCONKD SUPPLY COMPANY HARRISBURG HOSPI?An gAeRTSBURG HOSPITAL I/DI~AL, BILLING, AND X-RAY(S) ~ICAL l/COlDS & HOSPITAL BILL X-PAY ONLY TO: M~r C. BENDO, ESQ. MCS on behalf of JOSEPH F. MURPRY~ ESq. hit.ends to serve a subpoena identical to the one that is attached to thcs notice. You have twenty (20) days fr~m the date listed below hi which to file of record and serve upon the undersisned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records My be ordered at your expense by cmnplethi$ the attached counsel card and returnin$ same to MCS or by contacthi$ our local HCS office. 1012312002 CC: JOSEPH F. ),~YEPBY, ESQ. - 28050-00101 HCS on behalf of JOSEPH F. l~RPHY~ ESq. Attorney for DE,karl%ET Any questions regardin$ this matter, contact xm~ NCS GROUP INC. 1601 MARKET STUNT ~800 P~TT.4DKLPHIA, PA 19103 (215) 246-0900 DE02-204520 09873 --CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GLORIA ELKINS VS OLYMPIC SKATING CENTER, INC. File No. 02-4932 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009_99 CUSTODIAN OF RECORDS FOR: SCOMED SUPPLY INC. (Name of Person or Emity} Within twenty (20} days after service of this subpoena, you are ordered by the cour~ to produce the following documents or thin~: RF~ ATTA ~gll~r) at MCS GROUP INC., 1601 MARKET ST, #800, PHILA. ,PA 19103 (Addre~.) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, witltin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH F. b!URPHY, ESQ. ADDRESS: /,200 CRTIMS MILL RD.. STE B HARRISBURG, PA 17112 : TELEPHONE: 215-P&6-o900 SUPREME COURT ID #: A'I~ORNEY FOR: n~F~NDANT Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCOMED SUPPLY COMPANY BOX 200 ! 329 PENNSRIDGE CT DOWNINGTOWN, PA 19355 RE: 9873 GLORIA ELKINS ANY AND ALL RECORDS Subject: GLORIA ELKINS Social Security #: 162-58-1207 Date of Birth: 07-04-1976 SU10-405540 0 9873--L02 CRRTIFICATR PRRR~0UISIT~ TO S~RVIC~ OF A SUBPOENA PURSUANT TO RUL~ 400~.22 IN THE MATTER OF: GLORIA ELKINS COURT OF COMMON PLEAS TERM, -VS- OLYMPIC SKATING CENTER, INC. CASE NO: 02-4932 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/12/2002 MCS on behalf of JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT DEll-372829 O 9873--LO3 COlVI140~ALTH OF PENNSYLVANIA COUNTY OF Cr31~IBERLAND IN THE MATTER OF: GLORIA ELKINS -VS- OLYMPIC SKATING CENTER, INC. COURT OF COMMON PLEAS TERM, CASE NO: 02-4932 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMRNTS Am 'I'U.LNGS FOR DISCOveRY PURSUANT TO RULE 4009.21 ~T.THLINECHIHOPHACTIC, INC. SCOMED SUPPLY COMPANY HARRISBURG HOSPITAL HaeR?SBURG HOSPITAL ~ICAL, BILLING, AND X-PAY(S) O'fu~K M~nICAL RECORDS & HOSPITAL BILL X-rAY ONLY TO: M~KC. BENDO, ESQ. MCS on behalf of JOSEPH F. M~PHYr ESq. intends to sezve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in w~tch to file of record and sezve upon the undersigned an objection to the subpoena. If the tmmty day notice period is waived or if no objection is made, then the subpoena may be served. C~lete copies of any reproduced records may be ordered at your expense by cc~q~letiu$ the attached counsel card and returnin8 same toMOS or by contactinS our local MOS office. DAT~: 10123/2002 CC= JOSEPH F. MURPHY, ESQ. - 28050-00101 MOS on behalf of JOSEPH F. huKPHYt, ESq. Attorney for Any questions regardins this matter, contact TH~MOS GROUP INC. 1601 MARKET STUI~T ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-204520 09873 --CO1 COMMONWEALTM OF PENNSYLVANL~ COUNTY OF CUMBERLAND GLORIA ELKINS VS OLYMPIC SKATING CENTER, INC. File No. 02-4932 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THING.g FOR DISCOVERY PURSUANT TO RULE 4009-~ CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (Name of Pereon or Entity) Within twenty (20) days after service of this subpoena, you ar~ ordered by the court to produce the following documents or at MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 (Addr~$) YOU may deliver or mail le~ble copies of the documents or produce thinSs req.ested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the thing~ ~ought. If you fail to produce the documents or thing~ required by this subpoena, with~in twenty (20) days after its service, the party serving this subpoena may ~eek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JOSEPH F. MURPHY, ESQ. &?GO CRIER MTT.T. RD.. STE HARRISBURG, PA 17112 TELEPHONE: 21 5-246-0900 SUPREME COURT ID #: ATTORNEY FOR: r~EFEWnANT Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 9873 GLORIA ELKINS Any and all records; including computerized records, correspondence, files, memoranda, handwritten notes, billing and payment records relating to any examination, consultation, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: GLORIA ELKINS Social Security #: 162-58-1207 Date of Birth: 07-04-1976 SU10-405542 0 9873--L0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GLORIA ELKINS COURT OF COMMON PLEAS TERM, -VS- OLYMPIC SKATING CENTER, INC. CASE NO: 02-4932 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/12/2002 MCS on behalf of JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT DEll-372830 O 9 8 7 3 --LO 4 COI~]}4OSVw=ALTH OF PENNSYLVANIA COUNTY OF CUI~iBERLAND IN THE MATTER OF: GLORIA ELKINS -VS- OLYMPIC SKATING CENTER, INC. COURT OF COMMON PLEAS TERM, CASE NO: 02-4932 NOTICE OF II~I~NT TO SERV~ A $~POE~A TO PRODUCE DOC[m~NTS FOR DISCOVERY PURSUA_qT TO RIItR 4009.21 m~%Lx-,.INE CHIROPRACTIC, INC. SC0HED SUPPLY COMPANY HARUlSBURG HOSPITAL HARRISBURG HOSPITAL ~K-ICAL, BILLINg, ~ X-RAY(S) 0THE~ M~ICAL ~ECORDS & HOSPITAL BILL X-RAY ONLY TO: MAR~C. BENDO, ESQ. MCS on behalf of JOSEPH P. MURPRY~ Esq. intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belme in vhich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is vaived or if no objection is made, then the subpoena may be served. Cos~lete copies of any reproduced records may be ordered at your expense by c~leting the attached counsel card and returning s-m to HCS or by contacting our local HCS office. DATE: 10123/2002 CC: JOSEPH F. H~RPHY, ESQ. 28050-00101 ~CS on behalf of JOSEPH F. ~U~PHY~ ESq. Attorney for DIt~agDANT Any questions regarding this matter, contact xm~HCS GROUP INC. 1601 MARKET ST~m~T /800 PHXLADKLPHIA, PA 19103 (215) 246-0900 DE02-20%520 09873--C01 COMMONWEALTH OF PENNSYLVANI.~ COUNTY OF CUMBERLAND GLORIA ELKINS : : VS : : OLYMPIC SKATING CENTER, INC. : : : File No. 02-4932 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009_99 CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or at MCS GROUP INC., 1601 MARKET ST, #800, PHILA. ,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce thin~s requested by this subpoena, together with the certificate of compliance, to the pafl'y making this request at the address listed above. You have the right to seek. in advance, the reasonable cost of preparing the copies or producing the thinss sou~hi. If you fail to produce the documents or thinss required by this subpoena, within twenty (20} days after its service, the party serving this subpoena may seek a court order compelling you to comply with il:. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWXNG PERSON: NAME: JOSEPH F. MURPHY~ ESQ. ADDRESS: /.70o CRuM~q MTT.T, RD.. STE ]~ HARRISBURG, PA 17112 : TELEPHONE: 215-746-0q00 SUPREME COURT ID #: A~rORNEY FOR: DF.F~NT~ANT Seal of the Court .,., P~thonotary/C~e~_k. Civil l~i~i~on (Elf. 7/97) EXPLANATION OF REQUIRED iRECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 9873 GLORIA ELKINS Any and all x-rays/films and reports, including computerized reports pertaining tO: Dates Requested: up to and including the present. Subject: GLORIA ELKINS Social Security #: 162-58-1207 Date of Birth: 07-04-1976 SU10-405544 0 9 8 7 3 --LO4 \05_A~LIABL~PM\LLPG\I 12627~JM1%28050\00 ! 01 GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY, 2002 TERM DOCKET NO. 02-4932 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the enclosed Verification of Defendant's Answer for that of counsel, except as to the admission of ownership of the subject property. DATE: \ ~k.~\~ BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN JO S,~/PI-~ F. ~HY,)ESQUIRE I:~.No. 78119x''/ "' 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant VERIFICATION I, Duncan McArthur, verify that the facts set forth in the Answers to Plaintiffs Complaint are true to the best of my knowledge, information and belief. If the above statements are not tree, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATE: Duncan McArthur - 7 GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :' MAY, 2002 TERM : DOCKET NO. 02-4932 : CERTIFICATE OF SERVICE I, Joanne M. Pan', an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~',a~ day of December, 2002, served a copy of the foregoing document via First Class United States Mail, postage pre-paid as follows: Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 Jo~M~-~arr GLORIA ELKINS Plaintiff VS. OLYMPIC SKAT1NG CENTER, 1NC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY, 2002 TEILM DOCKET NO. 02-4932 MOTION OF DEFENDANT, OLYMPIC SKATING CENTEI~ INC.~ TO COMPEL PLAINTIFF TO ANSWER WRITTEN DISCOVERY 1. This civil action arises out of an alleged fall that occurred on October 20, 2000 at Defendant's roller skating rink in Enola, Pennsylvania. 2. On or about May 28, 2002, Plaintiff filed a Complaint in the Philadelphia County Court of Common Pleas. 3. In response to Defendant's Preliminary Objection:5, the Philadelphia County Court of Common Pleas transferred the action to Cumberland County hy Order dated August 15, 2002. based upon improper venue. 4. On October 21, 2002, after the case had been transferred to Cumberland County, Defendant served Plaintiff with Interrogatories and a Request for Production of Documents. (A tree and correct copy of the written discovery and counsel's October 21, 2002 cover letter is attached hereto as Exhibit "A"). 5. Moving Defendant did not receive answers to the written discovery within thirty (30) days from service thereof, and on December 27, 2002; Marclh 6, 2003; June 17, 2003; July 18, 2003; and August 19, 2003, counsel for Defendant sent Plaintiff's counsel letters requesting answers to the written discovery. ( A true and correct copy of all of these letters is attached hereto as Exhibit "B"). 6. Pursuant to Pennsylvania Rules of Civil Procedure 4006 and 4009.12, a party served with written discovery is required to provide full, complete and verified answers within thirty (30) days fi.om service thereof. 7. It has now been almost one year since Defendant served Interrogatories and a Request for Production of Documents upon Plaintiff, and despite six (6) letters requesting that answers be provided, Plaintiff has failed to provide answers. 8. Moving Defendant has been prejudiced by Plaintiffs failure to comply with the Pennsylvania Rules of Civil Procedure in that Moving DefendanI has been unable to adequately prepare a defense to this lawsuit since suit was instituted. 9. Presumably, Plaintiff does not concur in this Motion. WltEREFORE, Moving Defendant respectfully requests that this Honorable Court enter an Order compelling Plaintiff to file full, complete, and verified answers to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days fi.om the date of the Order, or suffer possible sanctions upon further application of Defendant. DATE: l E>-B-O'~ BY: \05_A\LIABXJPM\LLPG\ 134765\CYW~ 8050\00101 Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN J0. F: ESOUn I.D. NO. 78119' 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-35;09 Attorneys for Defendant A REGIONAt DEFENSE LITiGATiON 4200 Crums W~ili Road, Suite B. Harrisburg, PA ]7112 (717) 651-3500- Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: jmurphy~mdwcg, com October 21, 2002 Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 Elkins v. Olympic Skating Center, Inc. Our File No. 28050-00101-LZ CCP (Cumberland County) Docket No.: 02-4932 Our File No: 28050-00101 Dear Mr. Bendo: Enclosed please find Defendant's Answer with New Matter to your client's Complaint. In addition, I am enclosing Defendant's Interrogatories and Request for Production of Documents. Please answer this Written Discovery within the time limit set forth in the Rules. Thank you. Very truly yours, JFM/kmd Enclosure ~5_A~LIABk/PM\CORR\105580~LMD~28050\00101 \05_A~LIABLiPM~LLPG\105569LKMD~28050\0010 ! GLORIA ELKINS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. OLYMPIC SKATING CENTER, 1NC. Defendant : MAY, 2002 TERM : : DOCKET NO. 02-4932 DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the troth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 2. Admitted. 3. Admitted in part and denied in part. It is admitted ~Ihat at all times relevant to Plaintiffs cause of action, Defendant owned, operated, managed, maintained, and/or controlled its business premises, including the skating rink and snack bar. The remainder of the averments contained in this paragraph are legal conclusions to which no response is required. To the extent that a response is required, the remaining averments are denied generally in accordance with Pa. R.C.P. 1029(e). 4. Admitted in part and denied in part. It is admitted that at all times relevant to Plaintiffs cause of action, Defendant Olympic ran, maintained, inspected, staffed, and controlled its business premises; however, to the extent that the averments set forth in this paragraph allege that Answering Defendant had notice of the allegedly dangerous condition set forth in the Complaint and failed to exercise reasonable care, the same is denied on the grounds that it constitutes a legal conclusion to which no response is required. To the extent it is not a legal conclusion, Answering Defendant denies generally that averment, pursuant to Pa. R.C.P. 1029(e). The remainder of the averments contained in this paragraph are legal conclusions to which no response is required. 5. Said averment contains legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 6. Admitted in part and denied in part. It is only admitted that Answering 1029(e). The remainder of the averments contained in this paragraph are legal conclusions to which no response is required. 5. Said averment contains legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 6. Admitted in part and denied in part. It is only admitted that Answering Defendant, on occasion, acts through its agents, servants, workmen, and/or employees who at times so act within the course and scope of their employment. However, the averments as set forth in this paragraph are legal conclusions to which no response is required. To the extent that a response is required, the averments contained in this paragraph, as stated, are denied generally in accordance with Pa. R.C.P. 1029(e). 7. The averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 8. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 9. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in tlfis paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 10. Said averment contains legal conclusions to which no response is required. To the extent that an answer is required, the averments contained in tlfis paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). \05_A~LIABXJPM\LLPG\105579~GMD~28050~00101 GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · MAY, 2002 TERM : : DOCKET NO. 02-4932 DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO THE PLAINTIFF - SET NO. I Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant Olympic Skating Center, Inc., request that Plaintiff produce the documents hereinafter described and permit Defendants, through their attorney, to inspect them and copy such of them as they may desire. Defendants request that the documents be made available for this inspection a the offices of the Defendants' attorney located at 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania, within thirty (30) days of the date of service hereof. Defendants' attorney will be responsible for these documents so long as they are in their possession. Copying will be done at Defendants' expense and the documents will be properly returned after copying: has been completed. I. INSTRUCTIONS 1. In producing the documents described below, the responding party is required to furnish all documents known or available to him/her/them/it or in its custody or control regardless of whether the documents are possessed (i) directly by responding party, (ii) by his/her/their/its agents, employees or representatives, or (iii) by his?her/their/its attorneys. 2. The documents produced for inspection shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond to the particular request, as set forth below, to which they are responsive. Pursuant to Rule 4009(b)(2), responding party shall file a written statement responding to each numbered request by identifying the document(s) produced in response to that request. If any request is objected to in whole or in part, the reason(s) for the objection must be stated. 3. If any request cannot be complied with in full, it should be complied with to the greatest extent possible, and an explanation provided as to why full compliance is not possible. 4. Whenever a request is stated in the conjunctive, it shall also be taken in the disjunctive, and vice versa. Whenever a request is stated in the singular, it shall also be taken in the plural, and vice versa. 5. This request is a continuing one. If, after producing documents, responding party obtains or becomes aware of any further documents responsive ~Io any request, responding party is required to produce such additional documents. 6. If any claim of privilege or immunity from discovery is asserted as to any document (or any portion thereof), responding party shall furnish, in lieu of withheld documents, a schedule that specifically states the following information for each document (or portion) withheld: (a) the type of document (e.g., letter, memorandum, phone message slip, handwritten note, etc.); (b) the date of the document; (c) the author of the document; (d) the name of all pemons to whom the document or its contents have been disclosed or who are indicated on the document as having received copies of it; (e) the subject matter of the document and the circumstances of its creation in sufficient detail to ascertain the applicability of the claimed privilege or immunity from discovery; and (f) a statement of the specific privilege or immunity claimed and of the basis upon which the privilege or immunity is claimed. II. DEFINITION__S 1. The word "document" or" " documents as used here:in shall be understood to mean all written, graphic or otherwise recorded matter, however produced or reproduced in the actual or constructive possession, custody, care or control of you, your officers, agents, employees and attorneys, or any of them including, but not limited to, originals and all copies of all correspondence, tapes, discs, photographs, contracts, drawings, reports, statements, telegrams, notes, sound recordings, minutes of meetings, memoranda, reports, and the like, whether made or received by you, as well as all other documents as defined in Pa. R.C.P. Rule 4009. 2. "Responding Party" shall refer to Linda Latsha, as well as her agents, representatives, attorneys, accountants, consultants, independent contractors, and any other individual or entity associated or affiliated with you or acting on your behalf with respective matter in question. 3. The word "accident" or "incident" shall refer to the, circumstances in which this action is based. III. REQUESTS FOR PRODUCTION OF DOCUMENTS This reqtiest is intended to cover all documents in the possession, custody, and control of Plaintiff, Plaintiffs agents, employees, insurance carriers and attorneys. NOTE: A response of "will be supplied" or "will supplement" or "discovery is continuing" is not responsive. You have a duty to provide all items of which you are aware. The documents covered by this Request are as follows: 1. All photographs or videotape taken of the site where the incident in the above- referenced matter occurred, of vehicles involved in the accident, or showing the physical condition of the Plaintiff. 2. All investigations, reports, test results, drawings, sketches, maps, summaries, or records of the incident involving the above-referenced case and the events surrounding it. 3. All statements of eyewitnesses to the incident. 4. All statements of any person who will be called as witness at trial. 5. All statements of any party, its agent or employees concerning the incident and events surrounding it. 6. A current curriculum vitae for each expert who will testify at the trial of this case. 7. All documents prepared by each expert identified together with all correspondence between expert and Plaintiff or Plaintiff's agent, attomey or anyone acting on Plaintiffs behalf. 8. All documents or other demonstrative evidence which will be introduced or used at trial as exhibits or to eross-exam witnesses. 9. All medical reports, hospital reports and physician's reports and bills concerning the injuries suffered by Plaintiff in the accident. 10. All documents recording first-party benefits paid due to the accident in the above- referenced matter. 11. All documents alleging and verifying lost wages in the possession of Plaintiff, Plaintiffs agents, employees, attorneys and any no-fault insurance carriers or ,employers due to the accident in the above-referenced matter, including Federal and State income tax returns for the past five (5) years. 12. A complete copy of all pain diaries or journals kept by you or on your behalf, referencing limitations, disabilities, pain, discomfort or medical treatment as a result of the accident which forms the basis of this lawsuit. 13. All documents identified in Plaintiffs Answers to Defendants' Interrogatories Addressed to Plaintiff- Set No. 1. 14. All documents referred to or relied upon by Plaintiff in answering Defendants' Interrogatories Addressed to Plaintiff- Set No. 1. A REGIONAL DEFENSE LITIGATIO'N LAW'FIRM 4200 Crums Mill Road, Suite B · Harrisburg, PA 17112 (717) 651-3500. Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: jmurphy~mdwcg.com December 27, 2002 Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 Elkins v. Olympic Skating Center, Inc. CCP (Cumberland County) Docket No.: 02-4932 Our File No: 28050-00101 Dear Mr. Bendo: I recently spoke with my client with regard to your recent letter concerning our Answer to the Complaint, identification of the owner of the property, and the possibility of joining the owner now that the Statute of Limitations has expired. Please be advised that I am filing my client's Verification to all but the answer as to ownership of the premises that is contained in Paragraph 3 of the Complaint. As you now know, my client did not own the property. Frankly, I am at a loss to understand your argument that your consent to file an Amended Complaint will in any way prejudice your client. As you kaow, this accident occurred on or about October 20, 2000. You chose to file a Complaint against a single Defen~tant who possessed the property at the time of the loss. Furthermore, you chose to file this action in Philadelphia County, which was clearly an improper venue. Accordingly, you caused a delay in this matter proceeding by causing us to have to file Preliminary Objections to the Complaint seeking a transfer of venue. Once the Case was ultimately transferred, we timely filed an Answer to the Complaint, not on October 20, 2002, as you allege in your letter, but the Answer was mailed to the Prothonotary and to you on October 30, 2002, and it obviously was filed sometime thereafter. Clearly, the Statute of Limitations had expired at least ten days earlier. You chose not to conduct discovery on the issue of ownership since you instituted suit in the Spring of 2002. 'The bottom line is that even had ownership been denied in the original Answer, you would have been unable to join the owner at that time. Accordingly, I fail to see how your client would be prejudiced in any way by an amendment at this time. If you have a legitimate argument that your client would be prejudiced, please let me know as soon as possible. Otherwise, please accept this as notice that my client may tile an Amended Answer at some time M&'c C. Bendo, Esquire December 27, 2002 Page 2 during the course of the litigation, but we do not feel that it is necessary to do so at this time. Again, if you have a valid argument as to prejudice, please advise me now so that we may determine whether we will need to seek leave of Court to file an amended pleading at this point. I am enclosing herewith a Praecipe to Substitute Verification of the Answer. In addition, I am enclosing records that we received by way of Subpoena from Healthline Chiropractic, Inc. and Scomed Supply Company. In addition, you may recall that we served your client with Interrogatories and a Request for Production of Documents on October 21, 2002. Please provide answers to that discovery as soon as possible so that: we may move this litigation along. Finally, I am enclosing my client's answers to your written discovery. Very truly yours, ~M/jmp Enclosures \05_AXLIAB~JPM\CORR\ 112595XJMI~.$050\00101 M , smm, GOGG ] 4200 Crums Mill Road, Suite B- Harrisburg, PA 17112 (717) 651-3S00 · Fax (717) 6Sl-9630 Direct Dial: 717-651-3509 Email: jmurphy~mdwcg.com March 6, 2003 Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 Elkins v. Olympic Skating Center, Inc. CCP (Cumberland County) Docket No.: 02-4932 Our File No: 28050-0010l Dear Marc: Enclosed please find Defendant's answers to your client's Requesll for Production of Documents. Please forward answers to my client's written discovery as soon as possible. IfI do not receive those answers within the next twenty days, I will have to file a Motion to Compel. I would greatly appreciate your assistance in moving this case toward conclusion. Very truly yours, JOSEPH F. MURP-_Hfi JFM/sm Enc. cc: Mr. Duncan McArthur ~05_A\LtABkIPM\CORR\I 18694\SGMk28050\00101 4200 Crums Mill Road, Suite B- Harrisburg, PA 17112 (717) 651-3500- Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: jmurphy~mdwcg.com Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 June 17, 2003 AL DEFENSe LITIGATIO. N j a~ FIRM Elkins v. Olympic Skating Center, Inc. CCP (Cumberland County) Docket No.: 02-4932 Our File No: 28050-00101 Dear Marc: I would greatly appreciate it if you would forward to me your client's answers to our written discovery as soon as possible. My recollection is that approximately six weeks ago you advised me that we would be receiving those answers shortly. I would like to begin to move this case forward but cannot do so without your cooperation in answering discovery. I do not want to waste my client's money in filing a Motion to Compel but I will have no choice but to so ifI do not receive the answers within the :next twenty (20) days. Please call me if you have any problem with getting me those answers within twenty days. Very tm..ly yours, 0/OSEPH MUR~Y,~/ JPM/rlm \05_A\LIAB~JPM\CORR\127139XRYM~28050\00101 4200 Crums Mill Road, Suite B- Harrisburg, PA 17112 (717) 651-3500. Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: jmurphy~mdwcg.com Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 July 18, 2003 AL DEF[NSE [ITIGATIO,N ,LAW. FiRM Newto~n Square 'ram~ Elkins v. Olympic Skating Center, Inc. CCP (Cumberland County) Docket No.: 02-4932 Our File No: 28050-00101 Dear Mr. Bendo: I received your July 8, 2003 letter. You may certainly have a twenty-day extension for production of answers to our client's Interrogatories. I would, however, like those answers as soon as possible like those answers as soon as possible so that we may move this matter forward. Your cooperation in that regard would be appreciated. IPM/rlm ~5_AXLIAB LIPI~CO RR\ l 29426~RYIvlL28050~00101 Very tm!y yours, . A 4200 Crums Mill Road, Suite B · Harrisburg, PA 17112 (717) 651-3500- Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: jmurphy~mdwcg.com Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 August 19, 2003 . DeFense LItlG^T{O,N I;.^w.F~rM T~ Eikins v. Olympic Skating Center, Inc. CCP (Cumberland County) Docket No.: 02-4932 Our File No: 28050-00101 Dear Mr. Bendo: When can I expect your client's answers to our discovery, which you previously advised me would be served "shortly"? JFM/cmw cc: Mr. Duncan McArthur Very trply yours, / i s Ph GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, 1NC. Defendant IN THE COURT OF COMMON PLEAS CLrMBERLAND COUNTY, PENNSYLVANIA MAY, 2002 TEI~3VI DOCKET NO. 02-4932 CERTIFICATE OF SERVICE I, Cherri M. Whitson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~"~day of October, 2003, sexwed a copy of the foregoing document via First Class United States Mail, postage pre-paid a:s follows: Marc C. Bendo, Esquire BROWNSTEIN and VITALE, P.C. 1308 Spruce Street Philadelphia, PA 19107 Attorney for Plaintiff \05_A\LIAB~IpM\LLPG\109586\CYW~28050\00101 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 6/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-2) CUMBERLAND COUNTY No.: 02-3510 VS. KATHY SWOPE A/K/A KATHY A. SWOPE MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been tmsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF GLORIA ELKINS Plaintiff VS. OLYMPIC SKATING CENTER, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY, 2002 TERM DOCKET NO. 02-4932 ORDER AND NOW this I~j~" day of F5 ~ ~ ,2003, upon consideration of the Motion to Compel of Defendant Olympic Skating Center, Inc., It is hereby ordered that said Motion is GRANTED. Plaintiff shall ~:rvz ~:ll~, c~,,~l~t~ m~d wfill~d mx~., to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days from the date of this Order, or suffer possible sanctions upon further application of Defendant. \05_A\LIABXJPM\LLPG\134766\CYW~28050\00101 BY THE COURT: GLORIA ELKINS Plaintiff VS. OLYMPIC SKATiNG CENTER, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY, 2002 TEKM DOCKET NO. 024932 ENTRY OF APPEARANCE AND SUBSTITUTION OF LAW FIRM PLEASE enter my appearance on behalf of the Defendant, Olympic Skating Center, Inc., by substituting the law firm of Capozzi & Associates, P.C. for Marshall, Dennehey, Warner, Coleman & Goggin. CAPOZZI & ASSOCIATES, P.C. DATE: BY: ~Stfp. Ct. ID NoJ~119,/ 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant, Olympic Skating Center, Inc. GLORIA ELKINS Plaintiff, VS. OLYMPIC SKATING CENTER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY, 2002 TERM DOCKET NO. 02-4932 CERTIFICATE OF SERVICE I hereby certify that I have this day of August, 2004, served the foregoing document, Entry of Appearance and Substitution of Law Firm, upon the following, by means of first class mail, postage prepaid: Marc C. Bendo, Esquire Brownstein & Vitale, P.C. 1308 Spruce St. Philadelphia, PA 19107 Capozzi & Associates, P.C. J se~l~ ~. M~rph3t,, Ej[qui~ Attorney I.D. No. 7'8119 2933 North Front St. Harrisburg, PA 17110 (717) 233--4101 790-1220 _ ; IN THE COURT O~F~MMON PLEAS Plaintiff : pENNSYLVANIA :MAY, 2002 TERM VS. ::DOCKET ~0.: LAW OFFICE OF MARC C. BENDO, P.C- BY: Marc C. Bendo, Esquire identification No.: 80075 ~ Locust sweet Second Floor philadelphia, PA 19103 OLYMPIC SKATING CENTER, INC. Defendant ATTORNEY FOR PLAINTIFF(S)~ pRAECWE TO DISCO.NTIN~E- To the Prothonotary: Kindly discontinue the above-referenced matter. LAW S OF BENDO, P.C- BY: Esquire for Plaintiff