HomeMy WebLinkAbout00-01107
ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
PJ.aintiffs,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
v.
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
CIVIL ACTION - LAW
/
NO..,2000 - Ito7
C!.w~L /~
Defendant
JURY TRIAL DEMANDED
NOT ICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you mlrst take action within
twenty (20) days after this Complaint and Notice are served, by
entering a written appearance personally or by attorney and filing
in writing with the Court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do s.o the
case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
CarJ.isJ.e, PA 17013
(717) 249-3166
1-800-990-9108
ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
PJ.aintiffs,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
v.
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
CIVIL ACTION - LAW
NO. dviHl-O - /1,0 1 ~ .,,-~
Defendant
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiffs, Robert Daniels and Deborah
Daniels, his wife, by and through their attorneys, SCHMIDT, RONCA,
& KRAMER, P.C., hereby complain of the Defendant, Eagle Development
Corporation, t/d/b/a/ Holiday Inn, and respectfully aver as follows:
THE PARTIES
1. The Plaintiffs, Robert Daniels and Deborah Daniels, husband
and wife, are adult individuals residing at 410 Lodges Lane, Elkins
Park, Montgomery County, Pennsylvania, 19027.
2. The Defendant, Eagle Development Corporation, t/d/b/a
Holiday Inn (hereinafter ~EagleU), is a Pennsylvania corporation
with its principal office located at 1450 Harrisburg Pike, Carlisle,
Cumberland County, Pennsylvania, 17013.
FACTS
3. The facts and occurrences hereinafter stated took place on
or about March 23, 1998 at Defendant Eagle's Holiday Inn facility at
approximately 8:30 a.m.
4. At the aforementioned time and place, the Plaintiff, Robert
Daniels, was a business invitee of De.fendant Eagle, and as such was
lawfully on the premises of the Defendant.
5. At the aforementioned time_and place, Mr. Daniels walked to
his vehicle across the black asphalt surface of the Holiday Inn
parking lot which was free of any snow, ice or wetness.
6. Mr. Daniels went to the back of his vehicle, opened the
rear hatch and put his bags into the vehicle. The ground behind his
vehicle was dry.
7. As Mr. Daniels walked from the rear of his vehicle to the
driver's door, he slipped and fell on an isolated patch of ice that
had formed near the car.
8. The patch of ice near the car was not part of a general
slippery condition in the parking lot.
9. The isolated patch of ice near the car resulted from runoff
of a drainpipe that collected water from melting snow on the roof of
the facility.
10. The water discharged into the parking area from the
drainpipe froze and created the isolated concealed patch of ice
where it should be expected guests would walk to their vehicles.
11. At the aforementioned time and place, Mr. Daniels was
exercising due care.
COUNT ONE
Neg1.igence
Robert Danie1.s v. Eag1.e Deve1.opment Corporation, t/d/b/a/
Ho1.iday Inn
12. Paragraphs one through eleven are herein.incorporated by
reference as though set forth in full.
13. Defendant Eagle knew of the unsafe condition created by the
drainage in the parking lot in that they created it, or would have
known with the exercise of reasonable care.
14. Defendant Eagle's negligence consisted of the following:
a. denying constructing a drainpipe that flows
water into an area where invitees are expected
to walk;
b. failure to inspect the parking lot to check
for hazardous conditions caused by water
discharged from the drainpipes that emptied
into the lot;
c. failure to maintain the parking lot in a
reasonably safe condition for its contemplated
use;
d. failure to take appropriate measures to ensure.
that invitees who are lawfully on the property
would not be endangered by icy conditions in
the parking lot caused by drainage from the
roof; and
e. failure to correct a drainpipe which discharged
water into an area where it is expected that
invitees would walk.
15. Mr. Daniels's fall was a direct and proximate cause of
Defendant Eagle's negligence in failing to maintain its property in
a proper and safe condition.
16. The aforementioned fall occurred without any fault or lack
of care on the part of Mr. Daniels, and without any notice or
knowledge on his part of the unsafe condition that existed.
17. As a result oftne aforementioned fallJMr. Daniels
sustained permanent back injuries, including permanent injuries to
his lumbar discs L4~5 and L5-Sl.
18. As a result of hisinjuri~s, Mr. Daniels has undergone in
the past and will undergo in the future, great pain and suffering.
19. As a result of his injuries, Mr. Daniels has sustained a
diminution of his ability to enjoy life and life's pleasures.
20. As a result of his injuries, Mr. Daniels has suffered a
loss of wages and a permanent impairment of ~arning capacity.
21. As a result of his injuries, Mr. Daniels has incurred
medical expenses and will continue to incur such expenses in the
future.
WHEREFORE, the Plaintiff, Robert Daniels, demands judgment of
the Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn,
in an amount in excess of the amount requiring compulsory
arbitration.
COUNT TWO
Loss of Consortium
Deborah Danie1s v. Eag1e Deve10pment Corporation, t/d/b/a
Ho1iday Inn
22. Paragraphs one through twenty-one are herein incorporated
by reference as though set forth in full.
23. As a result of injuries sustained by her .husband Robert
Daniels, the Plaintiff, Deborah Daniels, was deprived of the
assistance, companionship, consortium, and society of her husband,
all of which were to her great loss and detriment.
WHEREFORE, the Plaintiff, Deborah Daniels, demands judgment of
the Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn,
in an amount in excess of the amount requiring compulsory
arbitration.
Respectfully submitted,
SCHMIDT, RONCA & KRAMER P.C.
DATED: 2/25/00
~
rard C. Kramer, Esquire
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney I.D.# 44715
Attorney for Plaintiffs
VERIFICATION BASED UPON PERSONAL KNOWLEDGE
AND INFORMATION OBTAINED THROUGH COUNSEL
I, ROBERT DANIELS, verify that I am the Plaintiff in the
foregoing action and that the attached Complaint is based upon
information which has been gathered by my counsel in the preparation
of this lawsuit. The language of the Complaint to the extent that it
is based upon information which I have given to my counsel is true
and correct to the best of my knowledge, information and belief. To
the extent that the contents of the Complaint is that of counsel, I
relied upon counsel making this Verification.
I understand that intentional false statements herein are
subject to the penaltie~ of 18 Pa. C.S.A. ~ 4904 relating to unsworn
falsifications to authorities.
Date:
2-73-O-V
a~~~
ROBERT D IELS
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DONALD M. DESSEYN, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, P A 17055
(717) 791-0400
Attorney LD. # 69179
ATTORNEY FOR DEFENDANT,
Eagle Development Corporation, t/d/b/a
Holiday Inn
ROBERT DANIELS and
DEBORAH DANIELS, his wife
IN THE COURT OF COMMON PLEAS
OF CUM:BERLAND COUNTY
PENNSYLVANIA
Plaintiffs
No. 2000-1107
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT CORPORATION,
t/d/b/a HOLIDAY INN
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant, Eagle Development Corporation,
t/d/b/a Holiday Inn, in the above-captioned matter.
Date: P'~~
By:
~~~re
Attorney for Defendant
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01107 P
COMMONWEALTH .OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DANIELS ROBERT ET AL
VS
EAGLE DEVELOPMENT CORP ET AL
SHANNON SUNDAY
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
EAGLE DEVELOPMENT CORPORATION T/D/B/A HOLIDAY INN
the
DEFENDANT
, at 0014:43 HOURS, on the 2nd day of March
, 2000
at 1450 HARRISBURG PIKE
CARLISLE, PA 17013
MIKE MCCOY (MANAGER)
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
.10.00
.00
31.10
So Answers:
~~r.~<t:~l'
R. Thomas Kline
03/03/2000
SCHMIDT, RONCA & KRAMER
Sworn and Subscribed to before
By:
J!k1lA1~ In.~
Deputy Sheriff
k->
me this .2'1-
day of
~ c2-tnrO A.D.
C),),-Lo.-G- )""flO..,,~
1prothonotary
,
DONALD M. DESSEYN, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, P A 17055
(717) 791-0400
Attorney J.D. # 69179
ATTORNEY FOR DEFENDANT,
Eagle Development Corporation, t/d/b/a
Holiday Inn
ROBERT DANIELS and
DEBORAH DANIELS, his wife
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiffs
No. 2000-1107
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT CORPORATION,
t/d/b/a HOLIDAY INN
Defendant
JURY TRIAL DEMANDED
To: Robert Daniels and Deborah Daniels
c/o Gerard C. Kramer, Esquire
Schmidt and Ronca, PC
209 State Street
Harrisburg, PA 17101
Date of Notice: tfP{~O
NOTICE
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days of the date of service hereof pursuant to Pa. R.C.P. 1026, or default judgment
may be entered against you.
Date: /~~
BY:~
Donal . esseyn, quire
Attorney for Defendant
.
DONALD M. DESSEYN, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney J.D. # 69179
ATTORNEY FOR DEFENDANT,
Eagle Development Corporation, t/dIb/a
Holiday Inn
ROBERT DANIELS and
DEBORAH DANIELS, his wife
IN TIffi COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiffs
No. 2000-1107
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT CORPORATION,
t/dIb/a HOLIDAY INN
Defendant
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT
AND NOW comes Defendant, Eagle Development Corporation, t/dIb/a Holiday Inn, by
and through its counsel, Donald M. Desseyn, Esquire, and files the following Answer with New
Matter to Plaintiffs' Complaint and in support thereof avers as follows:
1. Denied. After reasonable investigation, this answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 1 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
2. Admitted.
3. Denied. After reasonable investigation, this answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 3 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
4. Denied. Legal conclusion to which no responsive pleading is required.
5. Denied. After reasonable investigation, this answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 5 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
6. Denied. After reasonable investigation, this answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 6 of Plmntiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
7. Denied. After reasonable investigation, this answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 7 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
8. Denied. After reasonable investigation, this answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 8 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
9. Denied. Legal conclusion to which no responsive pleading is required.
10. Denied. Legal conclusion to which no responsive pleading is required.
11. Denied. Legal conclusion to which no responsive pleading is required.
COUNT I
12. Defendant hereby incorporates each and every answer, defense, and/or denial as set forth in
Paragraphs 1 through 11 as if fully rewritten herein.
13. Denied. Legal conclusion to which no responsive pleading is required.
14. Defendant denies the general allegations of negligence as set forth in Paragraph 14 of
Plaintiffs' Complaint. Further, Defendant responds to the specific allegations as set forth in
Paragraph 14 of Plaintiffs' Complaint as follows:
a. Denied;
b. Denied;
c. Denied;
d. Denied;
e. Denied.
15. Denied. Legal conclusion to which no responsive pleading is required.
16. Denied. After reasonable investigation, this answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 16 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
17. Denied. After reasonable investigation, this answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 17 of Plaintiffs' Complaiht and therefore deny same, and strict proof is
demanded at the time of trial.
18. Denied. After reasonable investigation, this answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 18 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
19. Denied. After reasonable investigation, this answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 19 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
20. Denied. After reasonable investigation, this answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 20 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
21. Denied. After reasonable investigation, this answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 21 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
WHEREFORE, Defendant, Eagle Development Corporation, t/dIb/a Holiday Inn, demands
judgment in its favor and against the Plaintiffs, together with costs of suit.
COUNT II
22. Defendant hereby incorporates each and every answer, defense, and/or denial as set forth in
Paragraphs 1 through 21 as if fully rewritten herein.
23. Denied. After reasonable investigation, this answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations as set forth in
Paragraph 23 of Plaintiffs' Complaint and therefore deny same, and strict proof is
demanded at the time of trial.
WHEREFORE, Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn, demands
judgment in its favor and against the Plaintiffs, together with costs of suit.
NEW MATTER
24. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted.
25. Plaintiffs have failed to join necessary and indispensable parties to this litigation.
26. Any damages or injuries which the Plaintiff may have suffered as alleged in his Complaint
was solely and proximately caused by his own negligence.
27. Defendant states that if the Plaintiff sustained any damages or injuries, such damages or
injuries were directly and proximately caused or contributed to by the negligence of the
Plaintiff in failing to exercise ordinary care for his own safety under existing circumstances.
28. Plaintiff has failed to mitigate his damages.
29. Plaintiff's own negligence was active and primary, and any alleged negligence on the part
of this answering Defendant was passive and secondary by comparison; accordingly,
Plaintiffs' Complaint is barred.
30. Any and all damages or injuries complained of were proximately caused by the
interviewing and superceding acts of persons and/or entities other than this answering
Defendant.
WHEREFORE, Defendant, Eagle Development Corporation, t/dIb/a Holiday Inn, demands
judgment in its favor and against the Plaintiffs, together with costs of suit.
Date: q.6fh
Respectfully submitted,
By: D::f~~~
Attorney for Defendant
VERIFICATION
1, 4iL/4,/Jr. who is,. 6eH_u~AC1A1r Eagle Development
Corporation, tJd/bIa Hcli&:y Jnn, a Defendant herein. 'Verify that I am auth<l'!:ized to execute> this
Verification and verify that the fact!! set forth in the fOJ:egoing Answer with New Matter to
Plaintiffs' Complaint me = lI1ld ccrrrect to the best of my knowledge, information, lI1ld belief.
To the ex.te>nt that the contents of the Answer is that of counsel, I have relied upon CQtmllel in
t'll:eCuting this Verification.
This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 :relating to unsworn
falsification to authorities.
Da:te; S' - J'I - tJd
Nwne: /{~/t4
Michael McCoy
CERTIFICATE OF SERVICE
AND NOW, this r/t: day of ~cA ,2000, I, Donald M. Desseyn, Esquire,
Attorney for Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn, hereby certify that
I served a copy of the within Answer with New Matter to Plaintiffs' Complaint on this date by
depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania,
addressed to:
Gerard C. Kramer, Esquire
Schmidt and Ronca, PC
209 State Street
Harrisburg, PA 17101
BY:~
Don . esseyn, squire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney J.D. # 69179
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ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
PJ.aintiffs
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-J.J.07
Defendant
JURY TRIAL DEMANDED
PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER
AND NOW, comes the Plaintiffs, Robert Daniels and Deborah
Daniels, his wife, by and through their attorneys, SCHMIDT, RONCA &
KRAMER, P.C. and respectfully responds to the New Matter of the
Defendant as follows:
24. Paragraph No. 24 states a conclusion of law to which no
responsive pleading is necessary.
25. Paragraph No. 25 states a cOnclusion of law to which no
responsive pleading is necessary.
26. Paragraph No. 26 is comparative negligence which is no
longer necessary to plead as new matter nor is a response necessary.
By further answer, Paragraph No. 26 states a conclusion of law to
which no responsive pleading is necessary.
27. Paragraph No. 27 is comparative negligence which is no
longer necessary to plead as new matter nor is a response necessary.
By further answer, Paragraph No. 27 states a conclusion of law to
which no responsive pleading is necessary.
28. Paragraph No. 28 states a conclusion of law to which no
responsive pleading is necessary.
29. Paragraph No. 29 states a conclusion of law to which no
responsive pleading is necessary.
30. Paragraph No. 30 states a conclusion of law to which no
responsive pleading is necessary.
WHEREFORE, the Plaintiffs request that the New Matter be
dismissed and judgment be entered against the Defendant.
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
DATED: 4/7/00
/~
rard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
VERIFICATION
I, Gerard C. Kramer, verify that I am attorney of record for the
Plaintiff, and that the foregoing document contains no facts within
the knowledge of the Plaintiff, but rather, is based upon the record
or facts solely within the knowledge of the attorney; and, for that
reason, I make this Verification on Plaintiff's behalf.
I verify that the facts contained in the. foregoing document are
true and correct to the best of my knowledge, information and belief.
I understand that intentional false statements herein are made
subject to the penalties of 18 Pa. C.B.A. 5 4904 relating to unsworn
falsifications to authorities.
SCHMIDT, RONCA & KRAMER, P.C.
~
By
G ard C. Kramer
i ttorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232 -6300
Attorney for Plaintiff
Date:
'-/ J1 Iou
,
CERTIFICATE OF SERVICE
AND NOW, this
1/-L
day of
() fJ/IA - I
I
, 2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER by depositing the
same in the U.S. mail, first class mail, postage prepaid at
Harrisburg, Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfu~~y submitted,
SCHMIDT, RONCA & KRAMER, P.C.
~
rar C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
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ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs:
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this JLjH--
day of
~
, 2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the PLAINTIFFS' REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT -
SET NO.1 by depositing the same in the U.S. mail, first class mail,
postage prepaid at Harrisburg, Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
c-
rard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs:
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/h/a
HOLIDAY INN
NO. 2000-U07
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this
J L.{ {-L
.dayof
(J pAJ
, 2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the PLAINTIFFS' INTBBROGATORIES TO DEFENDANT - SET NO. 1 by
depositing the same in the u.s. mail, first class mail, postage
prepaid at Harrisburg, Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise D~ive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
./ - //~
By /0 f./
~rai'd c. KraIller
~ttorney at Law
~ Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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ROBERT DANIELS AND DEBORA,Ji
DANIELS, his Wife,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs:
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-~~07
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this sH-- day of
Zu l1
cer ify that: I
, 2000,
I, Gerard C. Kramer, Esquire, hereby
this day served
the PLAINTIFFS' OBJECTIONS TO INTERROGATORIES by depositing the same
in the U.S. mail, first class mail, postage prepaid at Harrisburg,
Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
~.
erar C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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ROBERT DANIELS AND DEBORAH
DANIELS, h~s W~fe,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs:
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/h/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF
AND NOW, this
5f/--
day of
SERVICE
~
, 2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the PLAINTIFFS' OBJECTIONS TO REQUESTS FOR PRODUCTION OF DOCUMENTS
by depositing the same in the U.S. mail, first class mail, postage
prepaid at Harrisburg, Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Lou~se Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respeotfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
BY~
~erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrishurg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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ROBERT DANIELS AND DEBORAH
DANIELS, h~s W~fe,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs:
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-H07
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this c.::2{)~ day of ~4 ' 2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the PLAINTIFFS' ANSWERS TO INTERROGATORIES by depositing the same in
the u.s. mail, first class mail, postage prepaid at Harrisburg,
Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfully subm~tted,
SCHMIDT, RONCA & KRAMER, P.C.
!~
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harr~sburq, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs:
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this c20~ day of ~I ' 2000,
I, Gerard C.. Kramer, Esquire, hereby certify that I .this day served
the PLAINTIFFS' RESPONSE TO REQUESTS FOR PRODUCTION OF DOCUMENTS
DIRECTED TO THE PLAINTIFFS by depositing the same in the u.s. mail,
first class mail, postage prepaid at Harrisburg, Pennsylvania,
addressed as follows~~
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Lou~se Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
t v-----
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
Plaintiffs
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this
91L-
day of
I'L~~,
2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the PLAINTIFFS' SUPPLEMENTAL RESPONSE TO INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF DOCUMENTS by depositing the same in the
U.S. mail, first class mail, postage prepaid at Harrisburg,
Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquir~
BERLON & TIMMEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
~
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erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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ROBERT DANIELS AND DEBORAH
DANIELS, h~s W~fe,
PJ.a~nt~ffs
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this
Iff! f.A-- day of ~.~
, 2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the NOTICE OF DEPOSITION REGARDING MICHAEL J. McCOY, GENERAL MANAGER
by depositing the same in the U.S. mail, first class mail, postage
prepaid at Harrisburg, Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfully subm~tted,
SCHMIDT, RONCA & KRAMER, P.C.
~
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harr~sburg, PA 17101
(717) 232-6300
Attorney for Pla~nt~ffs
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ROBERT DANIELS AND DEBORAH
DANIELS, h~s W~fe,
PJ.a~nt~ffs
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/h/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this l(o.JJr..-
day of
--jL.o()..JU~
, 2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the NOTICE OF DEPOSITION REGARDING JUSTIN SMITH, CORPORATE DESIGNEE
by depositing the same in the u.s. mail, first class mail, postage
prepaid at Harrisburg, Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
RespectfuJ.J.y subm~tted,
SCHMIDT, RONCA & KRAMER, P.C.
0--
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harr~shurq, PA 17101
(717) 232-6300
Attorney for PJ.a~nt~ffs
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ROBERT DANIELS AND DEBORAH
DANIELS, h~s W~fe,
P~a~nt~ffs
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
. AND NOW, this / (P /-1--- day of 17 ~
, 2000,
I, Gerard C. Kramer, Esquire, hereby certify that I this day served
the NOTICE OF DEPOSITION REGARDING HARRY BRUCE by depositing the
same in the u.s. mail, first class mail, postage prepaid at
Harrisburg, Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfu~ly subm~tted,
SCHMIDT, RONCA & KRAMER, P. C.
~
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harr~sburg, PA 17101
(717) 232-6300
Attorney for P~a~nt~ffs
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ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
Plaintiffs
IN THE COURT OF COMMON
. PLEAS , CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
f)~
I, Gerard C. Kramer, Esquire, hereby certify that I this
AND NOW, this
e-fI--
day of
, 2001,
day served
the PLAINTIFFS' SECOND. SUPPLEMENTAL RESPONSE TO EXPERT
INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS by
depositing the same in the U.s. mail, first class mail, postage
prepaid at Harrisburg, Pennsylvania, addressed as follows:
Donald M. Desseyn, Esquire
BERLON & TIMNEL
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
~
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(71.7) 232-6300
Attorney for Plaintiffs
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DONALD M. DESSEYN, Esquire
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney J.D. # 69179
ATTORNEY FOR DEFENDANT,
Eagle Development Corporation, t/d/b/a
Holiday Inn
ROBERT DANIELS and
DEBORAH DANIELS, his wife
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiffs
No. 2000-11 07
v.
CNIL ACTION - LAW
EAGLE DEVELOPMENT CORPORATION,
t/d/b/a HOLIDAY INN
Defendant
JURY TRIAL DEMANDED
DEFENDANT. EAGLE DEVELOPMENT CORPORATION t/d!b/a HOLIDAY INN.'S
CERTIFICATE - PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO Pa.R.C.P. 4009.22
As a prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22,
of the Pennsylvania Rules of Civil Procedure, Defendant, Eagle Development Corporation t/d/b/a
Holiday Inn, 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 ofthe 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, with the exception of being executed and sealed
by the Prothonotary.
Date: & /~ .?#tJ/
By:
~~
Attorney for Defendant
Eagle Development Corporation,
Vd/b/a Holiday Inn
,
DONALD M. DESSEYN, Esquire
4999 Louise Drive, Suite-l 03
Mechanicsburg, PA 17055
(717) 791-0400
AttorneyLD. # 69179
ATTORNEY FOR DEFENDANT,
_ Eagle Development Corporation, tld!b/a
Holiday Inn
ROBERT DANJELS and
DEBORAH DANJELS, his wife
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiffs
No. 2000-1107
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT CORPORATION,
t/d/b/a HOLIDAY INN -
Defendant
JURY TRIAL DEMANDED
- -
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DocuMENTS
AND THINGS FOR DISCOVERY PURSUANT TO Pa.RC.P. 4009.21
Defendant, Eagle Development Corporation,t/d/b/a Holiday Inn, intends to serve
subpoenas identical to the ones attached to this Notice. You have twenty (20) days from the date
listed below in which to file of record and serve upon the undersigned an objection to the
subpoena. Ifno objection is made, the sUQpoenas maybe served.
Date: ,dT.- P'd': .za? /
By:
~ --
DonaJd~
Attorney for Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT DANIELS AND DEBORAH DANIELS,
his wife,
Plaintiffs
v.'
EAGLE DEVELOPMENT CORPORATION, t/d/b/a:
HOLIDAY INN
, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
File No. 2000-1107
TO: William H.Simon, M.D., F.A.C.S. Eleventh Floor, The Medical Tower, 255 South 17th St.
, (Name of Per~on or Entity) 'Philadelphia, PA iY Wj
Within twenty (20) days after service of this subpoena, you are ordered by the court to propuce the foliowing
documents or things:
For any and all Medi~a~RecQrds of Robert Daniels.
,; ~~;
at The Office of Donald M~ DesseYn, Esq., 4999 Louise Drive, Ste. 103, Mechanicsburg, PA,170
(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 reasonabie cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena mayseek a court order compelling you to comply withi!.
. THIS SUBPOENA WAS ISSUED AT THE REQUESrOF THE FOllOWING PERSON:
Name Donald M. Desseyn, Esquire
Address: 4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Teiephone:
717-791-0400
Supreme Court ID #
69179
Attorney For:
Defendant
Date:
6r--ir,/... ~-?
.LJ ;:) O<:S I
Sear of the Co'urt
Prothonotary/Clerk, ivision
42o/>.o ~8 ~P{lA..,..r-
Deputy
--.,.
(Eft. 7/97)
CERTIFICATE OF SERVICE
AND NOW, ,this ,if"!!. day of ;:::b;;.6$,/L' 2001, I, Donald M. Desseyn, Esquire,
Attorney for Defendant, Eagle Development Corporation, Vd/b/a Holiday Inn, hereby certifY that
, , I served a copy of the withiti Notice ofIntent on this date by depositing same in the United States .
mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to:
Gerard C. Kranier, Esquire
, Schmidt and Ronca, PC
209 State. Street
Harrisburg, PA 17101
By: D~~~
4999 Louise Drive? Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney LD. # 69179
CERTIFICATE OF SERVICE
AND NOW, this .?'z~ay of ~,60/~ ,2001, I, Donald M. Desseyn, Esquire,
Attorney for Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn, hereby certifY that
I served a copy of the within Certificate - Prerequisite to Service of a Subpoena Pursuant to
Pa.R.C.P. 4009.22 on this date by depositing same in the United States mail, postage prepaid, in
Mechanicsburg, Pennsylvania, addressed to:
Gerard C. Kramer, Esquire
Schmidt and Ronca, PC
209 State Street
Harrisburg,PA 17101
By: D~~~
4999 Louise Drive, Snite 103
Mechanicsburg, P A 17055
(717) 791-0400
Attorney LD. # 69179
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DONALD M. DESSEYN, Esquire
4999 Louise Drive, Suite 103
Mechanicsburg, P A 17055
(717) 791-0400
AttorneyLD. # 69179
ATTORNEY FOR DEFENDANT,
Eilgle Development Corporation, t/d/b/a
Holiday Inn
ROBERT DANJELS and
DEBORAH DANJELS, his wife
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiffs
No. 2000-1107
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT CORPORATION,
t/d/b/a HOLIDAY INN
Defendant
JURY TRIAL DEMANDED
DEFENDANT, EAGLE DEVELOPMENT CORPORATION t/d/b/a HOLIDAY INN.'S
CERTIFICATE - PREREOUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO Pa.R.c.P. 4009.22
As a prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22,
of the Pennsylvania Rules of Civil Procedure, Defendant, Eagle Development Corporation t/d/b/a
Holiday Inn, 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, with the exception of being executed and sealed
by the Prothonotary.
Date: /ifr. 4'; Z&7/
By:
~~~
Dona! '.. esseyn, squire
Attorney for Defendant
Eagle Development Corporation,
t/d/b/a Holiday Inn
DONALD M. DESSEYN, Esquire
. 4999 Louise Drive, Suite' 1 03
Mechanicsburg, PA 17055
(717) 791-0400
AttorneyLD. # 69179
ATTORNEY FOR DEFENDANT,
Eagie pevelopment Corporation, t/d/b/a
Holiday Inn
ROBERT DANJELS and
DEBORAH DANJELS, his wife
IN THE COURT OF C0.MMONPLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiffs
No. 2000-1107
v.
CIVIL ACTION- LAW
EAGLE DEVELOPMENT CORPORATION,
t/d/b/aHOLIDAYINN .
. Defendant
JURY TRIAL DEMANDED
, " '
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO. Pa.RC.P. 4009.21
Defendant, Eagle Development Corporation,tld/b/a Holiday Inn, in~ends to serve
" . .
subpoenas identical to the ones attached to this Notice. You have twenty (20) days. frorn the date
listed below in which to file of record and serve upon the undersigned an objection to the
subpoena. Ifno objection is made, the subpoenas may be served.
I.' .
Date: ,ar. P'd': .zc;t:1 /
.
By:
D~~~
Attorney for Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT DANIELS AND DEBORAH DANIELS,
HIS Wife,
Plaintiffs
v.
EAGLE DEVELOPMENT CORPORATION, t/d/b/a:
HOLIDAY. INN
File No. ?OQQ-l 107
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Sports Medicine Department of Holy Redeemer Hospital and MeaicalCenter, 1648 Huntingdon
Pike, H<:aduwinuuR., Pi< Ue';'6 .
(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 things: .
For any and all medical records of Robert Daniels.
at The Office of Donald M. Desseyn, Esq., 4999 Louise.Dr., Ste, 103, Mechanicsburg, pA 17055
(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 orproducing the things sought.
-If you fail 10 prod~6e the documents or things 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 it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name . Donald M. Dessevn. Esou.ire
Address: 4999 Louise Drive.n_Suite 103
MeGhanicsburg. PA 17055
Telephone: 717-791-0400
Supreme Court ID # 69179
Attorney For: Defendant
BYTHE COURT:
Date:
(')c-l-(J.~ l? (J ":I I :l rY', !
Seal of the Court
"--
(Eft. 7/97)
CERTIFICATE OF. SERVICE
AND NOW, this $'.!!. day of ~h. 2001; r,'Donald M. Desseyn, Esquire,
Attorney for Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn, hereby certify that
I served a copy of the within Notice of Intent on this date.by depositing same in the United States
mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to;
Gerard C. Kramer, Esquire
. Schmidt and Ronca, PC
209 State. Street
Harrisburg, P A 171 0 I
By:
~
Donald M. . seyn, sq e
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney LD. # 69179
CERTIFICATE OF SERVICE
///
AND NOW, this dZ;.o-- day of ~bo//l~, 2001, I, Donald M. Desseyn, Esquire,
Attorney for Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn, hereby certify that
I served a copy of the within Certificate - Prerequisite to Service of a Subpoena Pursuant to
Pa.R.C.P. 4009.22 on this date by depositing same in the United States mail, postage prepaid, in
Mechanicsburg, Pennsylvania, addressed to:
Gerard C. Kramer, Esquire
Schmidt and Ronca, PC
209 State Street
Harrisburg, PA 17101
By: .4~
Donald . esseyn, quire
4999 Louise Drive, Suite 103
Mechanicsburg, P A 17055
(717) 791-0400
Attorney LD. # 69179
.
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DONALD M. DESSEYN, Esquire
4999 Louise Drive, Suite 103
Mechanicsburg, P A 17055
(717) 791-0400
AttorneyLD. # 69179
ATTORNEY FOR DEFENDANT,
Eagle Development Corporation, t/dIb/a
Holiday Inn
ROBERT DANJELS and
DEBORAH DANJELS, his wife
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Plaintiffs
No. 2000-1107
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT CORPORATION,
t/dIb/aHOLIDAY INN
Defendant
JURY TRIAL DEMANDED
DEFENDANT, EAGLE DEVELOPMENT CORPORATION t/d/b/a HOLIDAY INN.'S
CERTIFICATE - PREREOUlSITE TO SERVICE OF A SUBPOENA
PURSUANT TO Pa.RC.P. 4009.22
As a prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22,
of the Pennsylvania Rules of Civil Procedure, Defendant, Eagle Development Corporation t/d/b/a
Holiday Inn, 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, with the exception of being executed and sealed
by the Prothonotary.
Date: ~ tfl-f 22:Jtfl/
By:
~o/~
Donald . sseyn, squire
Attorney for Defendant
Eagle Development Corporation,
t/d/b/a Holiday Inn
DONALD M. DESSEYN, Esquire
4999 Louise Drive, Suite 103
Mechanicsburg, P A 17055
(717) 791-0400
. AttorneyLD. # 69179
ATTORNEY FOt?. DEFENDANT,
'Eagle Deyelopment Corporation, tldIb/a
Holiday Inn' .
ROBERT DANJELS and
DEBORAH DANIELS, his wife
IN THE COUR1' OF COMMON PLEAS
OF CUMBERLAND COUNTY
.PENNSYL VANIA
Plaintiffs
No. 2000-1107
v.
CNIL ACTION- LAW
EAGLE DEVELOPMENT CORPORATION,
. t/.d/b/a HOLIDAY INN .
Defendant
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TOPa.RC.P. 4009.21
Defendant, Eagle Development Corporanon,.t/dIb/a Holiday Inn, intends to serve
subpoenas identical to the ones attached to .this Notice. You have twenty (20) days from the date
. .
listed below in which to file ofrecord and serve upon the undersigned an objection to the
subpoena. If no obj ection is made, the subpoenas may be served.
Date: ,,dr. P'~ .za? / .
. By:
~. '.
Dona1d~
Attorney for Defendant
COMMONWEALTH OF PENNSYLVANIA.
COUNTY OF CUMBERLAND
ROBERT DANIELS AND DEBORAH DANIELS,
his Wife,
Plaintiffs
v. File No. 2000-1107
EAGLE DEVELOPMENT CORPORATION, t/d/b/a
HOLIDAY INN, .
SUBPOENA TO PRCffi~!j)OCUMEr:nS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:" Joseph Mambu, M.D., 1714 North Bethlehem Pike, Ste. 101, Gwynedd, PA 19002
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the courl.to propuce the foilowing
documents or things: '.
For any and all medical records of Robert Daniels.
at The Office of Donald M. Desseyn, Esq. ,4999 Louise Dr., Ste. 1.03, Mechanicsburg, PA 17055
(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 preparin'g the copies or producing the things sought. .
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compeiling you to compiy with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name Donald M. Desseyn, Esquire
Address: 4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Teiephone:
717-791-0400
Supreme Court ID #
69179
Attorney For: Defend"nt
Date:
()~~~
4 ;:JeY) (
,
Seal of the Court
Prothonotary/Clerk, Ci Vision
,--' 4~ ~ P~.c7fl_N~
. Deputy
(Eft. 7/97)
. CERTIFICATE OF SERVICE
AND NOW, this if'1! day oft:fh;;h . 2001, I, Donald M. Desseyn, Esquire,
Attorney for Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn, hereby certify that
I served a copy of the withiD. Notice of Intent on this date by depositing same in the United States
mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to:
Gerard C. Kramer, Esquire-
Schmidt and Ronca, PC
209 State Street
Harrisburg,PA 17101
By:
. ~
~
Donald M. seyn, squ' e .
4999 Louise Drive! Suite 103'
Mechanicsburg, PA 17055
(717) 791-0400
Attorney LD. # 69179
CERTIFICATE OF SERVICE
d
AND NOW, this t:1Z~ day of ~f///b ,2001, I, Donald M. Desseyn, Esquire,
Attorney for Defendant, Eagle Development Corporation, t/d/b/a Holiday Inn, hereby certif'y that
I served a copy of the within Certificate - Prerequisite to Service of a Subpoena Pursuant to
Pa.R.C.P. 4009.22 on this date by depositing same in the United States mail, postage prepaid, in
Mechanicsburg, Pennsylvania, addressed to:
Gerard C. Kramer, Esquire
Schmidt and Ronca, PC
209 State Street
Harrisburg,PA 17101
By: ~~~
4999 Louise Drive, Suite 103
Mechanicsburg, P A 17055
(717) 791-0400
Attorney LD. # 69179
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ROBERT DANIELS AND DEBORAH
DANIELS, his Wife,
: IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
v.
CIVIL ACTION - LAW
EAGLE DEVELOPMENT
CORPORATION, t/d/b/a
HOLIDAY INN
NO. 2000-1107
Defendant
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please discontinue the above-captioned action, and mark it
settled with prejudice. Thank you.
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
DATED: r:2 / j C/ /07-
By .;{A ~
~ard C. Kramer
ttorney at Law
. Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
AND NOW iliisNfl-.ctay of F-e.hrrM-f''--1 , 2002, I, GERARD C.
/
KRAMER, ESQUIRE, hereby certify that I have iliis day served the foregoing
Praecipe to Discontinue by depositing a copy of the same in ilie United States Mail,
first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Donald M. Desseyn, Esquire
BERLON & TIMMEL
4999 Louise Drive
Suite 103
Mechanicsburg, PA 17055
SCHMIDT, RONCA & KRAMER, P.C.
DATED: 2-/N/02-
~
rard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
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