HomeMy WebLinkAbout00-01983
JOHN RHOADES, Administrator
of the Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-/933 CIVIL TERM
v.
CIVIL ACTION - LAW
FAST EDDIE'S BILLIARD PARLOR
& SALON, INe. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, t/dlb/a
MAGARO AND PHELAN, a Pennsylvania
Partnership,
JURY TRIAL DEMANDED
Defendants
PRAECIPE FOR A WRIT OF SUMMONS
TO CURTIS R. LONG, PROTHONOTARY:
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Please enter my appearance on behalf of the Plaintiffs and issue a Writ of Summons against the defendant,
Fast Eddie's Billiard Parlor & Salon, Inc., William G. Magaro, and Richard E. Phelan, tld/b/a Magaro and Phelan, A
Pennsylvania Partnership. Please direct the Sheriff to serve the defendants as follows:
FAST EDDIE'S BILLIARD PARLOR & SALON, INe.
114 EAST ALLEN STREET
MECHANICSBURG, PA 17055
or
WILLIAM G. MAGARO AND RICHARD E. PHELAN tJdlb/a
MAGARO AND PHELAN, a Pennsylvania Parinership
114 EAST ALLEN STREET
MECHANICSBURG , P A 17055
Respectfully snbmitted,
IRWIN, McKNIGHT & HUGHES
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By:
Date: March 30, 2000
To: FAST EDDIE'S BILLIARD PARLOR & SALON, INe., WILLIAM G. MAGARO, AND RICHARD
E. PHELAN AND MAGARO AND PHELAN, a Pennsylvania Partnership
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You are hereby notified that John Rhoades, Administrator of the Estate of Aaron Rhoades, deceased
and Adam Rhoades, the plaintiffs, have commenced an action against you which you are required to defend or a
default judgment may be entered against you,
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CASE NO: 2000-01983 P
SHERIFFIS RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RHOADES JOHN ET AL
VS
FA,ST EDDIE'S BILLIARD ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
PHELAN RICHARD E T/D/B/A MAGARO & PHELAN
the
, at 0010:25 HOURS, on the 5th day of April
, 2000
DEFENDANT
at 114 EAST ALLEN STREET
MECHANICSBURG, PA 17055
by handing to
SHERRY BECHTEL (OFFICE MANG)
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriffls Costs:
Docketing
Service
Affidavit
Surcharge
6.00
,00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
Sworn and Subscribed to before
04/06/2000
'RW'N, MCKN~GHES
By : !A ,
Deputy Sheriff
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me this J.J-f!:: day of
~.;Lmr<J A.D.
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CASE NO: 2000-01983 P
SHERIFFIS RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RHOADES JOHN ET AL
VS
Fll,ST EDDIE I S BILLIARD ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
FAST EDDIEIS BILLIARD PARLOR & SALON INC
the
, at 0010:25 HOURS, on the 5th day of April
, 2000
DEFENDANT
at: 114 EAST ALLEN STREET
MECHANICSBURG, PA 17055
by handing to
SHERRY BECHTEL (OFFICE MANG)
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriffls Costs:
Docketing
:service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So Answers: ~"~.
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R. Thomas Kline
Sworn and Subscribed to before
04(06(2000
'RW'N, MCKN'G~GHES ~
By: "~<~
Deputy Sheriff
me this /..2 '2:::' day of
0".'0 ::LfJ-vv A.D.
~a, "fl1di;-'. ',AO;J;~
P othonotary ~
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CASE NO: 2000-01983 P
SHERIFplS RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RHOADES JOHN ET AL
VS
FA.ST EDDIE I S BILLIARD ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
salYs, the wi thin WRIT OF SUMMONS
was served upon
MAGARO WILLIAM G T/D/B/A MAGARO & PHELAN
the
, at 0010:25 HOURS, on the 5th day of April
, 2000
DE~FENDANT
at 114 EAST ALLEN STREET
MECHANICSBURG, PA 17055
SHERRY BECHTEL (OFFICE MANG)
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriffls Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
~~'^~t!:1"~<
R. Thomas Kline
Sworn and Subscribed to before
cz....
m(o this /02- - day of
~~ AD
~(2 7h<#&t'~'
r thonotary
04/06/2000
mW>N ~y ~CK71r/ii;;;,'d
Deputy Sheriff
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THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7639
Attorneys for Defendant
IN THE COURTOF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator of the
Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR &
SALOON, INC. and WILLIAM G. MAGARO :
and RICHARD E. PHELAN, tld/b/a
MAGARO & PHELAN, a Pennsylvania
Partnership,
Defendants
JURY TRIAL DEMANDED
PRAECIPE TO JOIN ADDITIoNAL DEFENDANTS
TO THE PROTHONOTARY:
Please issue a Writ to join the following Additional Defendant in the above referenced
case:
Joshua D. Husler
620 Greason Road
Carlisle, PA 17013
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copies of the foregoing document on the fOIlOW~S by placing same in the United States
mail, postage prepaid, on the j~ day of , 2000.
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
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Cumberland County, ss:
The Commonwealth of Pennsylvania to
Joshua D. Husler
(Name of A<kli.tional Defendant)
You are notified that Fast Eddie I s Billard Parlor & Saloon, INc. and William
(Name ('8) of Defendant (8) )
G. Maqaro and Richard E. Phelan, t/d/b,la Maqaro & Phelan, a Pennsylvania Partnership
has (have) joined you as an additional defendant in this action, which you are re-
quired to defend.
Date
June 15, 2000
Curtis R. lDnq
l1ro!honotary
~~)' MQ/'f/O'P, zpn7flA~r
Deputy
(SEAL)
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Joshua D. Husler
620 Greason Road
Carlisle, PA 17013
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THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7639
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator of the
Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
v.
NO. 2000-1983 CIVIL TERM
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FAST EDDIE'S BILLIARD PARLOR &
SALOON, INC. and WILLIAM G. MAGARO :
and RICHARD E. PHELAN, t1d/b/a
MAGARO & PHELAN, a Pennsylvania
Partnership,
Defendants
JURY TRIAL DEMANDED
PRAECIPE:
TO THE PROTHONOTARY:
Please enter the appearance of Jeffrey B. Rettig, Esquire of Thomas, Thomas & Hafer,
LLP on behalf of Fast Eddie's Billard Parlor & Saloon, Inc., Defendant, in the above captioned
matter.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copies of the foregoing dOCU':j~ on the follow' ersons by placing same in the United States
mail, postage prepaid, on the , ' day of , 2000.
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
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JOHN RHOADES, Administrator,
of the Estate of AARON RHOADES
deceased, and ADAM RHOADES,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR,
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, t/d/b/a
MAGARO AND PHELAN,
a Pennsylvania Partnership,
DEFENDANTS
JURY TRIAL DEMANDED
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NOTICE TO DEFEND
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You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order and
notice are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the court without further 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.
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Peunsylvania 17013
(717) 249-3166
1-800-990-9108
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Americans with Disabilities
Act of 1990
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The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
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JOHN RHOADES, Administrator
of the Estate of AARON RHOADES,
deceased, and ADAM RHOADES,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, t/d/b/a
MAGARO AND PHELAN,
a Pennsylvania Partnership,
DEFENDANTS
JURY TRIAL DEMANDED
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COMPLAINT
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AND NOW, this 30th day of August, 2000, come the plaintiffs, JOHN RHOADES,
Administrator of the Estate of AARON RHOADES, and ADAM RHOADES, by their attorneys,
IRWIN, MCKNIGHT & HUGHES, and make the following Complaint against the defendants,
FAST EDDIE'S BILLIARD PARLOR & SALON, INC. and WILLIAM G. MARGARO and
RICHARD E. PHELAN, t/d/b/a MAGARO AND PHELAN, a Pennsylvania Partnership:
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The plaintiff, John Rhoades, is the Administrator of the Estate of Aaron Rhoades, his son,
John Rhoades resides at 779 Hamilton Court, Carlisle, Pennsylvania 17013.
2.
Letters of Administration were issued to John Rhoades on December 13, 1998, by the
Cumberland County Office of Register of Wills, Estate Number 21-99-0166.
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3.
The plaintiff, Adam Rhoades, is an adult individual who resides at 242 Arch Street,
Carlisle, Pennsylvania 17013.
4.
The defendant, Fast Eddie's Billiard Parlor & Salon, Inc., is a Pennsylvania Corporation
which operates a bar located at 37 West High Street, Carlisle, Pennsylvania 17013, known as
Fast Eddie's Billiard Parlor & Salon.
5.
The defendants, William G. Magaro and Richard E. Phelan, t/d/b/a Magaro and Phelan, a
Pennsylvania Partnership, own the real estate located at 37 West High Street, Carlisle,
Pennsylvania 17013. The registered address is 114 East Allen Street, Mechanicsburg,
Pennsylvania 17055.
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On December 13, 1998, Aaron Rhoades and Adam Rhoades were passengers in an
automobile operated by Joshua D. Husler.
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7.
At approximately 3:15 a.m. in the morning of December 13, 1998, said Joshua D. Husler
was operating his 1987 Ford Mustang while in a state of alcohol intoxication.
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8.
While travelling westbound on Pa. Route 641 known as the Newville Road, in West
Pennsboro Township, Cumberland County, Pennsylvania, said Joshua D. Husler lost control of
his automobile and struck a utility pole.
9.
In the collision with the utility pole, Aaron Rhoades lost his life and Adam Rhoades was
severely injured.
10.
The damages sustained by the plaintiffs may exceed the net capital and value of the
corporation, Fast Eddie's Billiard Parlor & Salon, Inc., which is owned by William G. Magaro
and Richard E. Phelan, majority shareholders of said corporation. If said corporation is under
capitalized, the defendants, William G. Magaro and Richard E. Phelan, are liable for the damages
attributed to said corporation.
11.
The defendants, William G. Magaro and Richard E. Phelan, majority shareholders of the
Fast Eddie's Billiard Parlor & Salon, Inc., as well as owners of the property. Said defendants
controlled the premises as owners and shareholders and are liable for the actions of the
employees of defendant corporation.
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COUNT I
WRONGFUL DEATH
JOHN RHOADES. ADMINISTRATOR OF THE
ESTATE OF AARON RHOADES V.
FAST EDDIE'S BILLIARD PARLOR & SALON. INC. AND
WILLIAM G. MAGARO AND RICHARD E. PHELAN
tJdlb/a MAGARO AND PHELAN. A PENNSYL VANIA PARTNERSHIP
12.
The averments of fact contained in paragraphs one (I) through eleven (11) of the
Complaint are hereby incorporated by reference and made a part of this Count.
13.
Plaintiff, John Rhoades, brings this action on behalf of decedent's estate pursuant to 20
Pa. Cons. Stat. Ann. ~3373 and 42 Pa. Cons. Stat. Ann. ~8301 for damages suffered by the estate
as a result of the decedent's death.
14.
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At all times relevant hereto, Fast Eddie's Billiard Parlor & Salon, Inc., owned and
operated a bar located at 37 West High Street, Carlisle, Pennsylvania, whereby it engaged in the
sale ofliquor and other intoxicating beverages to patrons, for consumption on the bar's premises.
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15.
At all times relevant hereto, Fast Eddie's Billiard Parlor & Salon, Inc. was the owner and
holder of a Pennsylvania retail liquor license pursuant to the Pennsylvania Liquor Code, 47 Pa.
Stat. Ann. ~4-40 I, entitling the defendant to sell and dispense intoxicating beverages for
consumption on the premises by patrons.
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On or about December 13, 1998, at 12:40 A.M. Joshua D. Husler entered the premises
owned and operated by Fast Eddie's Billiard Parlor & Salon, Inc. and remained on the premises
until approximately 2:15 A.M. on that date.
17.
At all times relevant hereto, Joshua D. Husler was a customer of Fast Eddie's Billiard
Parlor & Salon, Inc. at the premises, when Defendant, acting through an employee, agent, or
servant sold, furnished, or gave, or permitted to be sold, furnished, or given, intoxicating
beverages to Joshua D. Husler.
18.
Service of the aforementioned intoxicating beverages to Joshua D. Husler by Defendant
took place while Joshua D. Husler was visibly intoxicated.
19.
Fast Eddie's Billiard Parlor & Salon, Inc. 's sale and service of the aforesaid alcoholic
beverages to Joshua D. Husler while he was visibly intoxicated was negligent and constituted a
violation of the Pennsylvania Liquor Code, 47 Pa. Stat. Ann. ~4-493.
20.
Within one and one-half (I \6) hours Joshua D. Husler left Fast Eddie's Billiard Parlor &
Salon, Inc.'s premises, and while Joshua D. Husler was still in an intoxicated state, Joshua D.
Husler was involved in the aforesaid accident causing injury to Aaron Rhoades and Adam
Rhoades.
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The accident was caused by the impaired condition of Joshua D. Husler resulting from his
intoxication, which intoxication was directly and promixately caused by the aforesaid improper
and unlawful service by Fast Eddie's Billiard Parlor & Salon, Inc. of intoxicating beverages to
Joshua D. Husler.
22.
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Pursuant to the Pennsylvania Liquor Code, 47 Pa. Stat. Ann. ~4-497, Fast Eddie's Billiard
Parlor & Salon, Inc. is liable for the damages to Adam Rhoades caused by Joshua D. Husler as
Joshua D. Husler was, as above alleged, visibly intoxicated when served by Fast Eddie's Billiard
Parlor & Salon, Inc.
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23.
Plaintiff claims all lawful damages for all persons entitled by law to recover, including
reasonable medical expenses, funeral expenses, estate administration expeuses, loss of the care,
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comfort and society of Aaron Rhoades, mental suffering which plaintiff and his persons
underwent as a result of the death of Aaron Rhoades, the loss of Aaron's monetary contributions,
loss of Aaron's services, loss of his prospective net accumulation of the Estate of Aaron
Rhoades, loss of the value of Aaron's life and other damages.
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WHEREFORE, plaintiff, John Rhoades, Administrator of the Estate of Aaron Rhoades,
requests judgment against defendants for compensatory damages in a sum in excess of Fifty
Thousand and no/1 00 ($50,000.00) Dollars, plus costs and interest as permitted by law.
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COUNT II
SURVIVAL ACTION
JOHN RHOADES. ADMINISTRATOR OF THE
ESTATE OF AARON RHOADES V.
FAST EDDIE'S BILLIARD PARLOR & SALON. INC. AND
WILLIAM G. MAGARO AND RICHARD E. PHELAN
tJdlb/a MAGARO AND PHELAN. A PENNSYLVANIA PARTNERSHIP
24.
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The averments of fact contained in paragraphs one (I) through twenty-three (23) of the
Complaint are hereby incorporated by reference and made a part of this Count.
25.
Plaintiff, John Rhoades, brings this action as Administrator of the Estate of Aaron
Rhoades and claims on behalf of the Estate all damages recoverable by law pursuant to 42 Pa.
C.S.A. Section 8302. Said damages include pain and suffering which Aaron Rhoades underwent
before his death, loss of earnings and futnre earning capacity suffered by Aaron Rhoades,
deprivation of Aaron's normal activities, pursuits and pleasures, and other damages.
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WHEREFORE, plaintiff, John Rhoades, Administrator of the Estate of Aaron Rhoades,
requests judgment against the defendants for compensatory damages in a sum in excess of Fifty
Thousand and nolI 00 ($50,000.00) Dollars plus costs and interest as permitted by law.
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COUNT III
SURVIVAL ACTION
ADAM RHOADES. ADMINISTRATOR OF THE
ESTATE OF AARON RHOADES V.
FAST EDDIE'S BILLIARD PARLOR & SALON. INC. AND
WILLIAM G. MAGARO AND RICHARD E. PHELAN
tJdlb/a MAGARO AND PHELAN. A PENNSYL VANIA PARTNERSHIP
26.
The averments of fact contained in paragraphs one (I) through twenty-five (25) of the
Complaint are hereby incorporated by reference and made a part of this Count.
27.
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As a result of the aforesaid accident, Adam Rhoades suffered serious bodily injuries
which are permanent in nature, and have caused him in the past and will cause him in the future
great pain of body and mind requiring him to incur expenses in the past and indefinitely into the
future for medical attention and hospital care.
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28.
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Solely as a result of the injuries caused by the aforesaid accident, plaintiff, Adam
Rhoades, was unable to engage in gainful employment for a period of time and sustained wage
losses for which he now seeks compensation.
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The plaintiff, Adam Rhoades, has incurred medical expenses for which he is entitled to
reimbursement by the defendants.
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The plaintiff, Adam Rhoades, will incur future wage losses while he recovers from
additional treatment or surgery which is reasonable and necessary to treat the injuries he
sustained.
31.
The plaintiff, Adam Rhoades, will incur further medical expenses and wage losses in
order to treat the injuries he sustained in the accident.
32.
The plaintiff, Adam Rhoades, has sustained permanent injuries for which he is entitled to
damages.
33.
The plaintiff, Adam Rhoades, has sustained significant pain and suffering from the time
of the accident to the present as he recovers from the injuries he sustained in the collision.
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34.
The plaintiff, Adam Rhoades, will experience future pain and suffering as a result of the
injuries he sustained in the accident.
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WHEREFORE, plaintiff, Adam Rhoades, demand judgment against defendants for
compensatory damages in a sum in excess of Fifty Thousand and nollOO ($50,000.00) Dollars,
plus costs and interest as permitted by law.
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Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
By:
Marcu A. Mc
60 West Pomfr
Carlisle, P A 17013
(717) 249-2353
Counsel for plaintiff
, III, Esquire
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Date: August 30, 2000
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by counsel
and us in the preparation of this action. We have read the statements made in this document and
they are true and correct to the best of our knowledge, information and belief. We understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
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ADAM RHOADES
1JJ
HN RHOADES, Administrator
of the Estate of Aaron Rhoades
Date: AUGUST 30 . 2000
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JOHN RHOADES, Administrator
of the Estate of AARON RHOADES,
deceased, and ADAM RHOADES,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, tJdlb/a
MAGARO AND PHELAN,
a Pennsylvania Partnership,
DEFENDANTS
JURY TRIAL DEMANDED
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CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint
was served upon the following by depositing a true and correct copy of the same in the United
States mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
Jeffrey B. Rettig, Esq.
Thomas, Thomas & Hafer, LLP
305 North Front Street
Sixth Floor, P. O. Box 999
Harrisburg, PA 17108
By: Marcu A. Me Dire
60 West Pomfre
Carlisle, P A 17013
(717) 249-2353
Supreme Court I.D. No. 25476
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Date: August 30, 2000
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SHERIFF'S RETURN - REGULAR
CA.8E NO: 2000-01983 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RHOADES JOHN ET AL
VS
Fll,ST EDDIE'S BILLIARD ET AL
Dll~ID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
the
HUSLER JOSHUA
, 2000
ADD'TL DEFEND ,at 0016:39 HOURS, on the 21st day of June
at 620 GREASON ROAD
CARLISLE, PA 17013
JOSHUA HUSLER
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
TO JOINED ADDL' DEFENDANT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
i\.ff idavi t
Surcha:t"ge
18.00
3.72
.00
10.00
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31.72
Sworn and Subscribed to before
me this ,~ day of
()d~ ~ A.D.
Q~. 0 nvlM~4 ,f)"r.-
P 0 onotary -~
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R. Thomas Kline
06/22/2000
THOMAS, THOMAS & HAFER
By:
~~%'~
Deputy Sheriff
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THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
HarriSburg, PA 17108-0999
717/255-7639
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator of the
Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR &
SALOON, INC. and WILLIAM G. MAGARO
and RICHARD E. PHELAN, tJd/b/a
MAGARO & PHELAN, a Pennsylvania
Partnership,
Defendants
v.
JOSHUA D. HUSLER,
Additional Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
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Please issue a Rule directing Plaintiffs to file a Complaint against Defendants within twenty (20)
days or non pros seq. reg.
AND NOW.. )/.1 / ~f /J~
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, 2000, A RULE IS ISSUED AS ABOVE.
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Deputy
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copy of the
foreg/~ docume n e following person by placing same in the United States mail, postage prepaid, on
the of , 2000.
:100924.1
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Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
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THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7639
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator of the
Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
v.
NO. 2000Q"1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR &
SALOON, INC. and WILLIAM G. MAGARO :
and RICHARD E. PHELAN, tld/b/a
MAGARO & PHELAN, a Pennsylvania
Partnership,
Defendants
v.
JOSHUA HUSLER,
Additional Defendant
JURY TRIAL DEMANDED
NOTICE TO PLEAD
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that, if you
fail to do so, the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, PA 17013
717-249-3166
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THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7639
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator of the
Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR &
SALOON, INC. and WILLIAM G. MAGARO :
and RICHARD E. PHELAN, tfdlbla
MAGARO & PHELAN, a Pennsylvania
Partnership,
Defendants
v.
JOSHUA HUSLER,
Additional Defendant
JURY TRIAL DEMANDED
JOINDER COMPLAINT OF DEFENDANT FAST EDDIE'S
BILLIARD PARLOR & SALOON. INC.
AND NOW, comes the Defendant, Fast Eddie's Billiard Parlor & Saloon, Inc., by its
attorneys, Thomas, Thomas & Hafer, LLP, and brings the following Complaint against Additional
Defendant Joshua Husler:
1. On August 30, 2000, Plaintiffs John Rhoades, Administrator of the estate of
Aaron Rhoades, deceased, and Adam Rhoades, filed a Complaint against Defendant Fast
Eddie's Billiard Parlor & Saloon (hereinafter "Fast Eddies"). A copy of Plaintiffs' Complaint is
attached hereto as Exhibit "A" and made a part hereof.
'. ""'1'W;"~ ",j_~,~!"W~ .B'.="",""'<,=-h"-~,,.M,'il', """"C'_.~,'''''''W~'''''&I',~',H'__~'0_''''' ",_,..,. ,+ ,,,'\'~'I,"'-c,o/ ,- ,~._^",,' '," '-' .- '- ,.,"" -
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2. As of the filing of this Complaint, no answer or preliminary objection has been
filed to Plaintiffs' Complaint.
3. It is alleged in the Complaint that on December 13, 1998 an automobile accident
occurred which resulted in the death of Aaron Rhoades and injury to Adam Rhoades.
4. At the time of the accident, the automobile was being driven by Additional
Defendant, Joshua Husler.
5. On information and belief, it is averred Additional Defendant Joshua Husler was
driving in excess of 100 miles per hour at the time of the accident.
6. At the time of the accident referred to in Plaintiffs' Complaint, Additional
Defendant Joshua Husler was operating his motor vehicle in a negligent, careless and reckless
manner, which negligence, carelessness and recklessness included the following:
(a) Failure to have his vehicle under proper control;
(b) Failure to operate his vehicle at a safe speed;
(c) Failure to properly negotiate a turn at the speed he was traveling;
(d) By racing or engaging in a speed contest with another vehicle in violation
of 75 Pa.C.S.A. ~ 3367.
7. The manner in which Additional Defendant Joshua Husler operated the vehicle in
which Aaron Rhoades and Adam Rhoades were passengers a direct and substantial cause of
Aaron Rhoades' death and Adam Rhoades' injuries.
8. In the event that the Plaintiffs recovers any judgment against Defendant herein
as a result of the accident referred to in Plaintiffs' Complaint, such liability to Plaintiffs being
expressly denied, then Defendant Fast Eddies asserts that Additional Defendant Joshua Husler
is solely liable, jointly and severally liable or liable over to Defendant Fast Eddies on the causes
of action asserted by Plaintiffs.
WHEREFORE, Fast Eddies avers that if the Plaintiff's damages and injuries were due to
anything other than his own negligence, Additional Defendant Joshua Husler is solely liable
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therefor or, alternatively, Joshua Husler is jointly and severally liable with Fast Eddies, liable
over to Fast Eddies or liable to Fast Eddies for contribution andlor indemnification.
Respectfully submitted,
Dated:
:101896.1
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I, Rich~rd Phel.m, .t~te t>'~11 8m Pre~ld~N 0/ Fa..r Eddie'. Silllsrd Partor & SalooM, Inc"
tI'1st 1 make this Verlncatlun O~ bahal' of Fact Eddie's BOIlia"d I".rior So S..loon, Inc., and 1M! I M1
"'nlHar w~h I~e fllcte leI 10rth in Ihe fol1lgc.i/,. docJmen' I have read the foregoing document and
hereby .1fl1TT1 Ihllt It Is true ~nd correct to ire o.,~1 of my pericnal krowledgc, Information ar,d
belief ThiS V9rincatlon II m~ pu,>uanl to Ie PI.C S S 490.. rllllltJn~ to uniWQm taJsifi~Uon to
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EXHIBIT "A"
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JOHN RHOADES, Administrator,
of the Estate of AARON RHOADES
deceased, and ADAM RHOADES,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR,
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, tJdlb/a
MAGARO AND PHELAN,
a Pennsylvania Partnership,
DEFENDANTS
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order and
notice are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the court without further money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
TRUE COpy FROM RECORD 2Liberty Avenue
10 Testimony Whereof. I here unto set my hallO Carlisle, Pennsylvania 17013
and the S&aI. .. said Y Po. (717) """'66
This dci!:!::Aay 1? i~ 1-800-990-9108
_ a'n.......n ~J" 0-
. Pr honotalV Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
, -
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.JOHN RHOADES, Administrator
oCthe Estate of AARON RHOADES,
deceased, and ADAM RHOADES,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 2000-1983 CIVIL TERM
ll?AST EDDIE'S BILLIARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
JR.lCHARD E. PHELAN, tJdlb/a
MAGARO AND PHELAN,
II Pennsylvania Partnership,
DEFENDANTS
:
JURY TRIAL DEMANDED
.
.
COMPLAINT
AND NOW, this 30th day of August, 2000, come the plaintiffs, JOHN RHOADES,
Administrator of the Estate of AARON RHOADES, and ADAM RHOADES, by their attorneys,
IRWIN, MCKNIGHT & HUGHES, and make the following Complaint against the defendants,
FAST EDDIE'S BILLIARD PARLOR & SALON, INC. and WILLIAM G. MARGARO and
FUCHARD E. PHELAN, t/d!b/a MAGARO AND PHELAN, a Pennsylvania Partnership:
1.
The plaintiff, John Rhoades, is the Administrator of the Estate of Aaron Rhoades, his son.
John Rhoades resides at 779 Hamilton Court, Carlisle, Pennsylvania 17013.
2.
Letters of Administration were issued to John Rhoades on December 13, 1998, by the
Cumberland County Office of Register of Wills, Estate Number 21-99-0166.
,
1--
3.
The plaintiff, Adam Rhoades, is an adult individual who resides at 242 Arch Street,
Carlisle, Pennsylvania 17013.
4.
The defendant, Fast Eddie's Billiard Parlor & Salon, Inc., is a Pennsylvania Corporation
which operates a bar located at 37 West High Street, Carlisle, Pennsylvania 17013, known as
Fast Eddie's Billiard Parlor & Salon.
5.
The defendants, William G. Magaro and Richard E. Phelan, tfdlb/a Magaro and Phelan, a
Pennsylvania Partnership, own the real estate located at 37 West High Street, Carlisle,
Pennsylvania 17013. The registered address is 114 East Allen Street, Mechanicsburg,
Pennsylvania 17055.
6.
On December 13, 1998, Aaron Rhoades and Adam Rhoades were passengers in an
automobile operated by Joshua D. Husler.
7.
At approximately 3:15 a.m. in the morning of December 13, 1998, said Joshua D. Husler
was operating his 1987 Ford Mustang while in a state of alcohol intoxication.
2
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8.
While travelling westbound on Pa. Route 641 known as the Newville Road, in West
Pennsboro Township, Cumberland County, Pennsylvania, said Joshua D. Husler lost control of
his automobile and struck a utility pole.
9.
In the collision with the utility pole, Aaron Rhoades lost his life and Adam Rhoades was
severely injured.
10.
The damages sustained by the plaintiffs may exceed the net capital and value of the
corporation, Fast Eddie's Billiard Parlor & Salon, Inc., which is owned by William G. Magaro
and Richard E. Phelan, majority shareholders of said corporation. If said corporation is under
capitalized, the defendants, William G. Magaro and Richard E. Phelan, are liable for the damages
attributed to said corporation.
11.
The defendants, William G. Magaro and Richard E. Phelan, majority shareholders of the
Fast Eddie's Billiard Parlor & Salon, Inc., as well as owners of the property. Said defendants
controlled the premises as owners and shareholders and are liable for the actions of the
I~mployees of defendant corporation.
3
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COUNT I
WRONGFUL DEATH
JOHN RHOADES. ADMINISTRATOR OF THE
ESTATE OF AARON RHOADES V.
FAST EDDIE'S BILLIARD PARLOR & SALON. INC. AND
WILLIAM G. MAGARO AND RICHARD E. PHELAN
tJdlb/a MAGARO AND PHELAN. A PENNSYLVANIA PARTNERSHIP
12.
The averments of fact contained in paragraphs one (1) through eleven (11) of the
Complaint are hereby incorporated by reference and made a part of this Count.
13.
Plaintiff, John Rhoades, brings this action on behalf of decedent's estate pursuant to 20
Pa. Cons. Stat. Ann. ~3373 and 42 Pa. Cons. Stat. Ann. 98301 for damages suffered by the estate
as a result of the decedent's death.
14.
At all times relevant hereto, Fast Eddie's Billiard Parlor & Salon, Inc., owned and
operated a bar located at 37 West High Street, Carlisle, Pennsylvania, whereby it engaged in the
sale of liquor and other intoxicating beverages to patrons, for consumption on the bar's premises.
15.
At all times relevant hereto, Fast Eddie's Billiard Parlor & Salon, Inc. was the owner and
holder of a Pennsylvania retail liquor license pursuant to the Pennsylvania Liquor Code, 47 Pa.
Stat. Ann. ~4-401, entitling the defendant to sell and dispense intoxicating beverages for
consumption on the premises by patrons.
4
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16.
On or about December 13, 1998, at 12:40 A.M. Joshua D. Husler entered the premises
owned and operated by Fast Eddie's Billiard Parlor & Salon, Inc. and remained on the premises
until approximately 2:15 A.M. on that date.
17.
At all times relevant hereto, Joshua D. Husler was a customer of Fast Eddie's Billiard
Parlor & Salon, Inc. at the premises, when Defendant, acting through an employee, agent, or
servant sold, furnished, or gave, or permitted to be sold, furnished, or given, intoxicating
beverages to Joshua D. Husler.
18.
Service of the aforementioned intoxicating beverages to Joshua D. Husler by Defendant
took place while Joshua D. Husler was visibly intoxicated.
19.
Fast Eddie's Billiard Parlor & Salon, Inc. 's sale and service of the aforesaid alcoholic
beverages to Joshua D. Huster while he was visibly intoxicated was negligent and constituted a
violation of the Pennsylvania Liquor Code, 47 Pa. Stat. Ann. g4-493.
20.
Within one and one-half (I \1,) hours Joshua D. Husler left Fast Eddie's Billiard Parlor &
Salon, Inc.'s premises, and while Joshua D. Husler was still in an intoxicated state, Joshua D.
I-Iusler was involved in the aforesaid accident causing injury to Aaron Rhoades and Adam
Rhoades.
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21.
The accident was caused by the impaired condition of Joshua D. Husler resulting from his
intoxication, which intoxication was directly and promixately caused by the aforesaid improper
and unlawful service by Fast Eddie's Billiard Parlor & Salon, Inc. of intoxicating beverages to
Joshua D. Husler.
22.
Pursuant to the Pennsylvania Liquor Code, 47 Pa. Stat. Ann. 94-497, Fast Eddie's Billiard
Parlor & Salon, Inc. is liable for the damages to Adam Rhoades caused by Joshua D. Husler as
Joshua D. Husler was, as above alleged, visibly intoxicated when served by Fast Eddie's Billiard
Parlor & Salon, Inc.
23.
Plaintiff claims all lawful damages for all persons entitled by law to recover, including
reasonable medical expenses, funeral expenses, estate administration expenses, loss of the care,
comfort and society of Aaron Rhoades, mental suffering which plaintiff and his persons
underwent as a result of the death of Aaron Rhoades, the loss of Aaron's monetary contributions,
loss of Aaron's services, loss of his prospective net accumulation of the Estate of Aaron
Rhoades, loss of the value of Aaron's life and other damages.
WHEREFORE, plaintiff, John Rhoades, Administrator of the Estate of Aaron Rhoades,
requests judgment against defendants for compensatory damages in a sum in excess of Fifty
Thousand and nolI 00 ($50,000.00) Dollars, plus costs and interest as permitted by law.
6
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COUNT II
SURVIVAL ACTION
JOHN RHOADES. ADMINISTRATOR OF THE
ESTATE OF AARON RHOADES V.
FAST EDDIE'S BILLIARD PARLOR & SALON. INC. AND
WILLIAM G. MAGARO AND RICHARD E. PHELAN
tJdlb/a MAGARO AND PHELAN. A PENNSYLVANIA PARTNERSHIP
24.
The averments of fact contained in paragraphs one (I) through twenty-three (23) of the
Complaint are hereby incorporated by reference and made a part of this Count.
25.
Plaintiff, John Rhoades, brings this action as Administrator of the Estate of Aaron
Rhoades and claims on behalf of the Estate all damages recoverable by law pursuant to 42 Pa.
C.S.A. Section 8302. Said damages include pain and suffering which Aaron Rhoades underwent
before his death, loss of earnings and future earning capacity suffered by Aaron Rhoades,
deprivation of Aaron's normal activities, pursuits and pleasures, and other damages.
WHEREFORE, plaintiff, John Rhoades, Administrator of the Estate of Aaron Rhoades,
requests judgment against the defendants for compensatory damages in a sum in excess of Fifty
Thousand and nollOO ($50,000.00) Dollars plus costs and interest as permitted by law.
7
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COUNT III
SURVIVAL ACTION
ADAM RHOADES. ADMINISTRATOR OF THE
ESTATE OF AARON RHOADES V.
FAST EDDIE'S BILLIARD PARLOR & SALON. INC. AND
WILLIAM G. MAGARO AND RICHARD E. PHELAN
tJdlb/a MAGARO AND PHELAN. A PENNSYLVANIA PARTNERSHIP
26.
The averments of fact contained in paragraphs one (I) through twenty-five (25) of the
Complaint are hereby incorporated by reference and made a part of this Count.
,27.
As a result of the aforesaid accident, Adam Rhoades suffered serious bodily injuries
which are permanent in nature, and have caused him in the past and will cause him in the future
great pain of body and mind requiring him to incur expenses in the past and indefinitely into the
:future for medical attention and hospital care.
28.
Solely as a result of the injuries caused by the aforesaid accident, plaintiff, Adam
Rhoades, was unable to engage in gainful employment for a period of time and sustained wage
losses for which he now seeks compensation.
29.
The plaintiff, Adam Rhoades, has incurred medical expenses for which he is entitled to
n:imbursement by the defendants.
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30.
The plaintiff, Adam Rhoades, will incur future wage losses while he recovers from
additional treatment or surgery which is reasonable and necessary to treat the injuries he
sustained.
31.
The plaintiff, Adam Rhoades, will incur further medical expenses and wage losses in
order to treat the injuries he sustained in the accident.
32.
The plaintiff, Adam Rhoades, has sustained permanent injuries for which he is entitled to
damages.
33.
The plaintiff, Adam Rhoades, has sustained significant pain and suffering from the time
bf the accident to the present as he recovers from the injuries he sustained in the collision.
34.
The plaintiff, Adam Rhoades, will experience future pain and suffering as a result of the
injuries he sustained in the accident.
9
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WHEREFORE, plaintiff, Adam Rhoades, demand judgment against defendants for
compensatory damages in a sum in excess of Fifty Thousand and nollOO ($50,000.00) Dollars,
plus costs and interest as permitted by law.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
By:
Marcu A. Mc
60 West Pomfr
Carlisle, PA 17013
(717) 249-2353
Counsel for plaintiff
, III, Esquire
eet
Date: August 30, 2000
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by counsel
and us in the preparation of this action. We have read the statements made in this document and
they are true and correct to the best of our knowledge, information and belief. We understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
~A/1?1. -1!k~LJ
ADAM RHOADES
11J12
RHOADES, Administrator
the Estate of Aaron Rhoades
Date: AUGUST 30
.2000
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
co~ies of the foreg~ing docum2fP the fOIl,oWing ()~ by placing same in the United States
mall, postage prepaid, on the day of ' , 2000.
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Joshua D. Husler
620 Greason Road
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
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JOHN RHOADES, Administrator
Of the Estate of AARON RHOADES,
Deceased, and ADAM RHOADES,
Plaintiffs
v.
FAST EDDIE'S BILLARD PARLOR &
SALOON, INC. and WILLIAM G.
MAGARO and RICHARD E PHELAN
t1d/b/a MAGARO AND PHELAN, a
Pennsylvania Partnership
Defendants
v.
JOSHUA D. HUSLER,
Additional Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 2000-1983 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
Please enter the undersigned's appearance on behalf of the Additional
Defendant, Joshua D. Husler, with regard to the above-captioned matter.
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Respectfully submitted,
NEALON & GOVER
By:
Christoph J. night, Esquire
Attorney I.D. #80058
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
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CERTIFICATE OF SERVICE
AND NOW, this 9th day of November, 2000, I hereby certify that I have
served the foregoing Praecipe entering my appearance upon the following by depositing
a true and correct copy of same in the United States mails, postage prepaid, addressed
to:
Marcus A McKnight, III, Esquire
IRWIN, MCKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Jeffrey B. Rettig, Esquire
THOMAS, THOMAS & HAFTER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
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night, Esquire
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JOHN RHOADES, Administrator
Of the Estate of AARON RHOADES,
Deceased, and ADAM RHOADES,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
NO. 2000-1983 Civil Term
FAST EDDIE'S BILLARD PARLOR &
SALOON, INC. and WILLIAM G.
MAGARO and RICHARD E PHELAN
tJd/b/a MAGARO AND PHELAN, a
Pennsylvania Partnership
Defendants
v.
JOSHUA D. HUSLER,
Additional Defendant
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
ANSWER OF JOSHUA D. HUSLER. ADDITIONAL DEFENDANT. TO JOINDER
COMPLAINT OF DEFENDANT FAST EDDIE'S BILLIARD PARLOR & SALOON. INC.
AND NOW, comes the Additional Defendant, Joshua D. Husler, by and through
his attorneys, NEALON & GOVER, P.C., and in response to the Joinder Complaint of
Defendant, Fast Eddie's Billiard Parlor and Saloon, Inc., et aI., avers the following:
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1. Admitted, upon information and belief.
2. Admitted, upon information and belief.
3. Admitted.
4. After reasonable investigation, answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averment contained in this
paragraph. Strict proof of same is demanded at trial.
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5. After reasonable investigation, answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averment contained in this
paragraph. Strict proof of same is demanded at trial.
6. After reasonable investigation, answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averment contained in this
paragraph. Strict proof of same is demanded at trial.
7. The averments contained in this paragraphs state only conclusions of law
to which no response is required. To the extent that the averments are deemed factual
and require a response, those averments are denied.
8. The averments contained in this paragraphs state only conclusions of law
to which no response is required. To the extent that the averments are deemed factual
and require a response, those averments are denied.
WHEREFORE, Additional Defendant, Joshua D. Husler, respectfully requests
that Judgment be entered in his favor and against Defendant, Fast Eddie's Billiard
Parlor and Saloon, Inc. et al..
Respectfully submitted,
NEALON & GOVER
Date: we
B~
Christoph J. Knight, Esquire
Attorney I.D. #80058
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
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VERIFICATION
I, Joshua Husler, verify that the statements made in the foregoing
ANSWER TO COMPLAINT are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn
falsification to authorities.
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CERTIFICATE OF SERVICE
AND NOW, this 12th day of December, 2000, I hereby certify that I have
served the foregoing Answer to the Complaint upon the following by depositing a true
and correct copy of same in the United States mails, postage prepaid, addressed to:
Marcus A McKnight, III, Esquire
IRWIN, MCKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Jeffrey B. Rettig, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
Christo' er J. Knight, Esquire
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THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
7171255-7639
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator,
of the Estate of AARON RHOADES
deceased, and ADAM RHOADES,
Plaintiffs
NO. 2000-1983 Civil Term
v.
FAST EDDIE'S BILLIARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, Vd/b/a
MARGO AND PHELAN,
a Pennsylvania Partnership
Defendants
v.
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Additional Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR LISTING CASE FOR ARGUMENT
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
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Please list the within matter for the next Argument Court.
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State matter to be argued:
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Defendants' Preliminary Objections
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Identify counsel who will argue case:
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(a)
For Plaintiff:
Address:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
(b) For DefendantJeffrey B. Rettig, Esquire
Address: Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717-255-7639
I will notify all parties in writing within two days that this case has been listed for
4.
Argument Court Date: February 14, 2001
Dated: January 10, 2001
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copy of the foregoing docuiept on the followi on by placing same in the United States mail,
postage prepaid, on the /) day of , 2001.
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Christopher J. Knight, Esquire
Nealon & Gover
2411 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7639
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator,
of the Estate of AARON RHOADES
deceased, and ADAM RHOADES,
Plaintiffs
NO. 2000-1983 Civil Term
v.
FAST EDDIE'S BILLIARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, Vd/b/a
MARGO AND PHELAN,
a Pennsylvania Partnership
Defendants
v.
JOSHUA D. HUSLER,
Additional Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF DEFENDANTS
FAST EDDIE'S BILLIARD PARLOR & SALON. INC.
AND RICHARD E. PHELAN
AND NOW, comes the Defendants, Fast Eddie's Billiard Parlor & Salon, Inc. and
Richard E. Phelan by their attorneys, Thomas, Thomas & Hafer, LLP, and files these
Preliminary Objections to Plaintiff's Complaint:
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Motion to Strike for Leaal insufficiency of a pleadina
1. According to Plaintiffs Complaint, paragraphs 10 and 11 set forth claims seeking
to pierce the corporate veil of Defendant Fast Eddie's Billiard Parlor & Salon, Inc.
2. Defendants object based on Pa.R.C.P. No. 1 028(a) (4). The allegations set forth
in those paragraphs are legally insufficient to create an issue as to piercing the corporate veil.
WHEREFORE, Defendants request that The Preliminary Objections be granted and
paragraphs 10 and 11 of the Complaint be stricken.
Motion to Strike for failure of a pleadina to conform to law or rule of court
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3. Count I of the Complaint sets forth an action for wrongful death.
4. Pa.R.C.P. No. 2204 sets forth the averments necessary in an action for wrongful
death.
5. Defendants object based on Pa.R.C.P. No. 1028(a)(2). The averments set forth
in the Complaint fail to conform to law or rule of court.
WHEREFORE, Defendants request that The Preliminary Objections be granted and
Count I of Plaintiffs Complaint be dismissed.
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Motion to Strike for Leaal insufficiencv of a pleadina
6. The caption to Count III of the Complaint is labeled a "survival action" and
designates Adam Rhoades as the Administrator of the Estate of Aaron Rhoades.
7. Defendants object based on Pa.R.C.P. No. 1028(a)(4). Count III is legally
insufficient and erroneous. Paragraphs 26 through 34 are inconsistent with a "survival
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action" with Adam Rhoades as the Administrator of the Estate of Aaron Rhoades.
WHEREFORE, Defendants request that The Preliminary Objections be granted and
Plaintiff's case be dismissed or, in the alternative, Count III of the complaint be stricken.
Motion to Strike for failure of the pleadina to conform to law or rule of court
8. The ad damnum clauses of the Complaint seek damages in excess of $50,000.
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9. Defendant objects based on Pa.R.C.P. No. 1028(a)(2). The pleading fails to
conform to law or rule of court.
10. According to the Local Rule 1301-1 of C.C.R.P., the arbitration
limit in Cumberland County is $25,000.
WHEREFORE, Defendants request that The Preliminary Objections be granted and
Plaintiffs case be dismissed or, in the alternative, the ad damnum clause of the complaint be
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Respectfully submitted,
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copy of the foregoing docurent on the following rson by placing same in the United States mail,
postage prepaid, on the t9 day of , 2001.
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Christopher J. Knight, Esquire
Nealon & Gover
2411 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7639
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator,
of the Estate of AARON RHOADES
deceased, and ADAM RHOADES,
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NO. 2000-1983 Civil Term
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FAST EDDIE'S BILLIARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, tld/b/a
MAGARO AND PHELAN,
a Pennsylvania Partnership
Defendants
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JOSHUA D. HUSLER,
Additional Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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TO THE PROTHONOTARY:
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Please withdraw the Preliminary Objections filed on behalf of Defendants Fast Eddie's
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copy of the foregoing document on the following pe~y placing same in the United States mail,
postage prepaid, on the I day of , 2001.
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Christopher J. Knight, Esquire
Nealon & Gover
2411 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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JOHN RHOADES, Administrator
Of the Estate of AARON RHOADES,
Deceased, and ADAM RHOADES,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
NO. 2000-1983 Civil Term
FAST EDDIE'S BILLARD PARLOR &
SALOON, INC. and WILLIAM G.
MAGARO and RICHARD E PHELAN
t/d/b/a MAGARO AND PHELAN, a
Pennsylvania Partnership
Defendants
v.
JOSHUA D. HUSLER,
Additional Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a Subpoena for documents and things pursuant to Rule
4009.22, Defendant, Joshua D. Husler, 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 20 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.
4. The Subpoena, which will be served, is identical to the Subpoena, which is
attached to the Notice ofIntent to Serve the Subpoena.
DATE: 01/31/01
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Chris top er J. ight, Esquire
NEALON & GOVER, P.C.
Atty. I.D. #80058
2411 North Front Street
Harrisburg, P A 17110
(717) 232-9900
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JOHN RHOADES, Administrator,:
of the Estate of AARON
RHOADES deceased, and
ADAM RHOADES,
Plaintiffs
v.
FAST EDDIE'S BILLIARD
PARLOR & SALOON, INC. and:
WILLIAM G. MAGARO and
RICHARD E. PHELAN, tldlb/a
MAGARO and PHELAN,
a Pennsylvania Partnership,
Defendants
v.
JOSHUA HUSLER,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-1983 CIVIL TERM
ORDER OF COURT
AND NOW, this 28th day of February, 2001, upon consideration of Defendant's
Fast Eddie's Billiard Parlor & Saloon, Inc., Motion To Compel Answers To
Interrogatories and Responses to Request for Production of Documents, a Rule is hereby
issued upon Plaintiffs and Additional Defendant to show cause why the relief requested
should not be granted.
BY THE COURT,
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RULE RETURNABLE within 20 days of service.
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Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiffs
Jeffrey B. Rettig, Esq.
305 North Pront Street
P.O. Box: 999
Harrisburg, P A 17108-0999
Attorney for Defendant
Past Eddie' Billiard Parlor
and Saloon, Inc.
Christopher J. Knight, Esq.
2411 North Pront Street
Harrisburg, PA 17110
Attorney for Additional Defendant
Joshua Busler
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Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7639
Attorneys for Defendant
Fast Eddie's Billiard Parlor
& Saloon, Inc.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator,
of the Estate of AARON RHOADES
deceased, and ADAM RHOADES,
Plaintiffs
NO. 2000-1983 CIVIL TERM
v.
FAST EDDIE'S BILLIARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, t1d/b/a
MARGO AND PHELAN,
a Pennsylvania Partnership
Defendants
v.
JOSHUA HUSLER
Additional Defendant
JURY TRIAL DEMANDED
ORDER
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AND NOW, this
day of
. 2001, upon consideration of Defendant's
Motion to Compel Answers to Interrogatories and Responses to Request for Production of
Documents it is hereby ORDERED and DECREED that Plaintiffs shall have fifteen (15) days
from the date of this Order to supply the Defendant with full and complete Answers to
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Interrogatories and Responses to Request for Production of Documents, or suffer an order
entering judgment against Plaintiff with prejudice.
BY THE COURT:
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Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7639
Attorneys for Defendant
Fast Eddie's Billiard Parlor
& Saloon, Inc.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator,
of the Estate of AARON RHOADES
deceased, and ADAM RHOADES,
Plaintiffs
NO. 2000-1983 CIVIL TERM
v.
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FAST EDDIE'S BILLIARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN, t1d/b/a
MARGO AND PHELAN,
a Pennsylvania Partnership
Defendants
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JOSHUA HUSLER
Additional Defendant
JURY TRIAL DEMANDED
DEFENDANT'S. FAST EDDIE'S BILLIARD PARLOR & SALOON. INC..
MOTION TO COMPEL ANSWERS TO INTERROGATORIES
AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS
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AND NOW, comes Defendant, Fast Eddie's Billiard Parlor & Saloon, Inc., by and through
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its attorneys, Thomas, Thomas & Hafer, LLP, and files the within Motion to Compel Answers to
Interrogatories and Responses to Request for Production of Documents and in support thereof,
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aver as follows:
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1. On or about August 30, 2000, Plaintiffs, John Rhoades, Administrator of the
Estate of Aaron Rhoades, deceased and Adam Rhoades, filed a Complaint against the
Defendants.
2. Plaintiffs' complaint seeks damages from Defendant, Fast Eddie's, for
alleged improper and unlawful service by Fast Eddie's of intoxicating beverages to Adam Husler
on December 13, 1998.
3. On or about November 17, 2000, Defendant served Interrogatories to Adam
Rhoades and John Rhoades, Administrator of the Estate of Aaron Rhoades, deceased and
Request for Production of Documents addressed to Plaintiffs (A copy of the Interrogatories,
Request for Production of Documents, Defendant's letter to Plaintiffs counsel and Certificate of
Service, all of which are dated November 17, 2000, are attached hereto, made a part hereof
and marked Exhibit "A.").
4. Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiffs' answers or
objections, if any, were due on or before December 18, 2000.
5. By letter dated February 2, 2001, the undersigned counsel for Defendant Fast
Eddie's notified, in writing, counsel for Plaintiffs that Plaintiffs' responses to the Interrogatories
and Request for Production of Documents were overdue and requested the responses within
the next two weeks. (A true and correct copy of the February 2, 2001 letter is attached hereto,
made a part hereof and marked Exhibit "B.").
6. Plaintiffs have not, as of the date of this filing, answered or responded in any way
to the requested discovery.
7.
Plaintiffs have not moved this Honorable Court to enter a protective order
pursuant to Rule 4012, Pa.R.C.P., or made any objection thereunder.
8.
Plaintiffs have not requested or moved for an extension of time to answer the
discovery requests.
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WHEREFORE, Defendant Fast Eddie's Billiard Parlor & Saloon, Inc. requests
this Honorable Court enter an Order compelling Plaintiffs to fully and completely answer
all of the interrogatories and fully respond to Defendant's Request for Production of
Documents within fifteen (15) days, or to suffer an order entering judgment against them
with prejudice.
Respectfully submitted,
THOMAS, THOMAS &
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(717) 255-7639
JBR@tthlaw.com
November 17, 2000
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Re: Rhoades v. Fast Eddie's, et al.
Dear Mr. McKnight:
Enclosed is Defendant's Interrogatories and Request for Production of Documents
propounded upon Plaintiffs regarding the above-referenced matter. Please respond to these
discovery requests within the time limit prescribed by the applicable rules of procedure.
Thank you for your cooperation regarding this matter. Should you have any questions,
please do not hesitate to contact my office.
Very truly yours,
Thomas, Thomas & Hafer, LLP
Jeffrey B. Rettig
Ical:101589.7
Enclosures
cc: Christopher J. Knight, Esquire (w/encl)
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THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7639
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil DIVISION - LAW
JOHN RHOADES, Administrator of the
Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
v.
NO. 2000-1983 CIVil TERM
FAST EDDIE'S BILLIARD PARLOR &
SALOON, INC. and WilLIAM G. MAGARO :
and RICHARD E. PHELAN, tld/b/a
MAGARO & PHELAN, a Pennsylvania
Partnership,
Defendants
v.
JOSHUA HUSLER,
Additional Defendant
JURY TRIAL DEMANDED
INTERROGATORIES OF DEFENDANT
FAST EDDIE'S BILLIARD PARLOR & SALOON. INC.
ADDRESSED TO JOHN RHOADES. ADMINISTRATOR OF
THE ESTATE OF AARON RHOADES. DECEASED
PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as
amended, you are required to forward a copy to the undersigned and retain the original, of your
answers and objections, if any, in writing and under oath, to the following Interrogatories, within
thirty (30) days of service hereof.
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The Answers shall be inserted in the spaces provided following the Interrogatories. If
there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on
a supplemental sheet.
DEFINITIONS AND INSTRUCTIONS
A. "DOCUMENT" - writings or recordings of any kind, whether handwritten, typed, or
printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs,
microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets,
notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations,
rules, and forms.
B. "IDENTIFY" - when used with reference to a person, shall mean and include the full
name, present or last known business address, and if an individual, present or last known home
address; each of his or her employers titles with respect to the period covered by these
Interrogatories; a description of each duty and responsibility held by each such individual. When
used with references to a document or writing, the word "identify" shall mean to include the date
it was written; identify each person to how it was addressed and identify each person to whom a
copy was identified as being directed, identify each person who received a copy of the document
or writing with a description of the document or writing as for instance, "letter". "memorandum";
include the present location and identify its custodian. If any document or writing is no longer in
your possession or subject 10 your control, state what disposition was made of it, the reason for
such disposition, the d~te thereof, and identify its current or last known location and custodian.
Whenever you are asked to "identify" an oral communication, the following information should be
given as to each oral communication or which you are aware, whether or not you or others were
present or participated therein. This information includes the means of communication (e.g.
telephone, personal conversation, etc.); where it took place; its date; the names, addresses,
employers and positions of all persons who participated in, or who were involved in the
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communication, all other persons who were present during or who overheard that communication,
the substance of who said what to whom and the order in which it was said, and whether that
communication, or any part thereof, was recorded or referred to in any document.
C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to,
pertaining to, commenting on, or connected with, in any manner whatsoever.
D. "YOU", "YOUR" - means the person in whose name this action is brought, his
employees, officers, representatives, agents, and attorneys, or any person working for such
persons.
E. If you claim that the subject matter of a document or oral communication is
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privileged, you need not set forth the brief statement of the subject matter of the document, or the
substance of any oral communication called for above. You shall, however, otherwise "identify"
such document or oral communication and shall state each ground on which you claim that such
document or oral communication is privileged.
F. As used herein, the term "STATEMENT' means a written statement signed or
otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical
or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral
statement by the person making it and contemporaneously recorded.
These Interrogatories are deemed to be continuing nature, in accordance with the
provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of
forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or
anyone acting on your, behalf learn the identify and location of additional persons having
knowledge of discoverable facts and the identity of persons expected to be called as an expert
witness at trial not disclosed in your Answers, or if you or an expert witness obtain information
upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that
an Answer, though correct when made, is no longer true, then you shall promptly supplement your
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original Answers under oath to include such information thereafter acquired, and promptly furnish
such a supplemental Answer on the undersigned.
THOMAS, THOMAS & HAFER. LLP
Date:
JEFFREY B. RETTIG, ESQUIRE
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7639
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1. For each Plaintiff, please identify yourself, stating your full name,
residence address, age, business or occupation, date of
appointment as Administrator of the Estate of Deceased Plaintiff,
and the Court of appointment.
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2. Please state the name, age, social security number, residence, and
occupation of the decedent at the time of the decedent's death.
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3. Please give an account, itemized as fully and as carefully as
possible, of all losses or expenses which you claim you incurred on
behalf of the decedent as a result of this incident, stating those
losses or expenses which are attributable to hospitals, doctors,
medicines, or loss of earnings, if any.
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4. Please describe as fully as possible the physical condition of the
decedent for a period of five (5) years prior to this incident.
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5. State the name and home and business address of any and all
individuals who actually saw the accident; were present at or near
the scene at the time of this accident; or who have any knowledge or
information as to any facts pertaining to the circumstances and
manner of the happening of the accident or the nature of the injuries
sustained by the decedent in this action.
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6. State the name(s), address(es) and present whereabouts of any
person whom you or anyone acting on your behalf, who knows or
believes to have any relevant knowledge of the conditions at the
scene of the accident existing prior to, or immediately following the
incident.
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7. State the name(s) and address(es) of any witnesses, including, but
not limited to medical witnesses known to you or your attomeys,
whose names were not stated in the previous Interrogatories, and
whether or not you intend to call any of said persons as witnesses at
trial.
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8. Please identify decedent's employers (including name and address)
for a period of five (5) years prior to this accident.
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9. Are you claiming on decedent's behalf loss of earnings from any
employer due to this incident? If so, please state the total of such
losses; the nature of the deCedent's employment immediately prior
to the accident; and the name and address of such employer.
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10. State the source, nature, amounts, and dates of any and all
miscellaneous bills or expenses, which have not been described in
the previous interrogatories, which you claim were incurred by the
decedent(s) or on behalf of decedent(s), as a result of the injuries to
the decedent arising out of this accident. Specify which bills, if any,
remain unpaid.
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11. In addition to the expenses previously set forth, state all of the
expenses which you claim resulted from the accident, giving the
dates on which such expenses were incurred and the amounts
thereof, to whom they were paid and when, as well as the nature of
the goods or services giving rise to such expenses.
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12. If you are claiming future lost wages, please state the total amount
of earnings it is estimated decedent's estate will lose in the future
and the basis upon which this estimate is made.
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13. Have you, or anyone acting on decedent's behalf, presented a claim
to one other than the Defendants for medical and surgical expenses
or for loss of eamings alleging said expenses or losses to have
resulted from the accident? If so, state the name of the person or
company to whom said claim was made, including name, employer,
address, and amount of claim.
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14. Did you or anyone acting on your behalf conduct an investigation
concerning the accident by reason of which decedent was injured. If
so, state the name and address of each such person or company
who conducted any and all investigations, and the dates of the
investigations.
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15. Did you or anyone acting on your behalf. obtain any statements.
either oral or written. from any person who was a witness to the
accident alleged in the Complaint? If so. does any such statement
contain facts concerning the manner. place. time. or cause of the
accident? If so. please state when and by whom each such
statement was obtained. giving last known address and present
whereabouts of each such person named. and who is currently in
possession of such statements.
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16. Have you retained an expert on your behalf to conduct an
investigation into this matter? If so, please state hislher name,
address, and field of expertise hislher occupation; his/her
qualifications (you may attach a curriculum vitae in lieu of answering
Interrogatory 17(c)); the number of years of experience for hislher
specialty; whether or not you intend to call him/her as a witness on
your behalf; and if in the affirmative, state the substance of the facts
and opinions for which the expert is expected to testify and a
summary of the grounds for each such opinion. (You may file as
your answer, the report of the expert, or you may have this
Interrogatory answered by the expert)
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17. Do you have anything in writing by way of minutes, statements or
memoranda of parties, diagrams, pictures or any other writing or
document? If so, please identify each and every item and identify
who has custody over the original writing(s) and or document(s)
identified.
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18. Do you have anything else in writing that was obtained as a result of
your investigation into the instant accident by way of statements,
memoranda, reports, testimony, or expression of opinions as to the
instant action? If so, please identify each and indicate who has
custody over the original.
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19. Please identify each document which you intend to introduce at the
time of the trial of this matter. and give a brief description of the
contents of the document(s) and attach copies to your answers to
these Interrogatories.
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20. Please state the names and addresses of any and all witnesses who
you intend to call at the trial of this matter. Please include in your
answer, fact, medical, expert and rebuttal witnesses.
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21. At the time of this incident, was decedent covered by any policy of
liability insurance which protected against the risk of liability which is
the subject of this action? If so, for each policy please state the
name, principal place of business and telephone number of the
insurer, the name, address and telephone number of the named
insured, the policy number, the effective dates of coverage, the
amount of liability coverage (specifying the terms thereof), and
whether there are any provisions, such as medical pay clauses, No-
Fault insurance benefits, or other insurance payment provisions.
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22. What was the immediate cause of death of the decedent? Please
attach a copy of the death certificate.
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23. Was an autopsy performed on the body of the decedent? If so,
please attach a copy or state the location and custody of the
autopsy report.
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24. Are you claiming damages for pain and suffering of the decedent? If
so, please state the amount, the method of computation, the period
of time the decedent suffered, the extent and nature of the suffering,
the names and addresses of persons witnessing, and whether any
treatment was recommended and whether or not it was followed.
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25. As to the Wrongful Death beneficiaries listed in your Complaint,
state the amount of contribution you allege the decedent would have
contributed to their support. Set forth in detail your computations.
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26. Set forth the value of any services you allege the decedent would
have rendered to the Wrongful Death beneficiaries in your
Complaint during the decedent's projected lifetime. Set forth in
detail your computations.
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27. Identify any other financial losses claimed as a result of the
occurrence.
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28_ Do you contend that the Defendant violated any statutes, rules,
regulations, or standards? If so, please state with specificity which
of the above you contend was violated and what facts, evidence or
opinions, you rely upon.
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29. In regard to the items listed in response to your previous
Interrogatory, please indicate how you contend each item
contributed to the happening of this accident.
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30. State whether any Inventory and Appraisal was filed in connection
with the administration of the estate of the decedent, as well as
identifying the caption, the state, and gross amount of the assets
shown.
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31. Has any inheritance tax been paid or will an inheritance tax be paid
by the estate of the decedent? If so, state the amount of the tax, the
name of the entity to whom paid, and the name and address of the
person possessing any documentary evidence of the tax or payment
thereof.
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32. Identify each and every policy of life, health, accident, or disability
insurance under which the decedent was insured and state the
name of the insurance company, the types of policy coverage, and
the date on which the policy was issued.
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33. State whether any agreements, tacit or written, have been entered
into by your or another party with any person, company, corporation,
or other entity conceming settlement, limitation of liability, or any
relinquishment of rights based on this incident. Please attach a copy
of said agreements.
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34. In paragraphs 18 and 19 of Plaintiffs' Complaint, it is alleged that Defendant
served Additional Defendant Joshua D. Husier intoxicating beverages while
Joshua D. Husler was visibly intoxicated. In accordance therewith, please
state the following:
(a) What evidence Plaintiffs have to support said allegations; and
(b) The identity, by name, address, telephone number of any and all
individuals who will testify to the allegations made in paragraphs 18 and 19
of Plaintiffs' Complaint.
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copies of the foregoing document on the following persons by placing same in the United States
mail, postage prepaid, on the J 7 day of November, 2000.
,
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Christopher J. Knight, Esquire
Nealon & Gover
2411 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER LLP
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THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7639
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil DIVISION - LAW
JOHN RHOADES, Administrator of the
Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
v.
NO. 2000-1983 CIVil TERM
FAST EDDIE'S BilLIARD PARLOR &
SALOON, INC. and WilLIAM G. MAGARO :
and RICHARD E. PHELAN, tJd/b/a
MAGARO & PHELAN, a Pennsylvania
Partnership,
Defendants
v.
JOSHUA HUSlER,
Additional Defendant
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT
FAST EDDIE'S BILLARD PARLOR & SALOON, INC.
DIRECTED TO PLAINTIFFS
Defendant hereby requests that you furnish pursuant to Rule 4009 of the
Pennsylvania Rules of Civil Procedure, at our expense, or permit the Defendant or
someone acting on its behalf to inspect, examine, and copy the following items
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concerning this action which are in the possession, custody, or control of the Plaintiffs,
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counsel for Plaintiffs, or any other person or entity acting on behalf of Plaintiffs, including
any insurer(s) for Plaintiffs. Said items shall be produced or made available for inspection
at the office of Defendant's attorneys located at 305 North Front Street, Harrisburg,
Pennsylvania within thirty (30) days after service of this Request, on a date and time to be
arranged between counsel:
1. All photographs showing, representing or purporting to show any of the
instrurnentalities, locales, persons, property, injuries and any and all other matters related
to the subject matter of this litigation.
2. All diagrams, sketches, drawings, plans, measurements or blueprints
showing, representing or purporting to show any of the instrumentalities, locales, persons,
property, injuries or other matter involved in the incident which form the basis of Plaintiff's
Complaint or cause of action.
3. All statements, including but not restricted to those defined by Pa.R.C.P.
4003.5, signed statements, transcripts of recorded statements or interviews, or any
memoranda or summary of transcripts of statements or interviews of any party, person or
witness, or their agents or employees, who have any knowledge or information of the
facts concerning or pertaining to the incident, the subject matter, the claims, the
damages, injuries, or any other matter involved in or pertaining to this case.
4. A curriculum vitae as to each expert or experts you have retained to testify
on your behalf at the trial of this case.
5. All documents prepared by you or by any insurer(s), representative(s),
agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation
of any aspect of the incident in question. Such documents shall include any documents
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made or prepared through the present time with the exclusion of mental impressions,
conclusions or opinions respecting the value or merit of a claim or defense or respecting
strategy or tactics.
(NOTE: As referred to herein, "documents" includes written, printed,
typed, recorded or graphic matter, however produced or reproduced,
including correspondence, telegrams, other written communications,
data processing storage units, tapes, videos, films, microfilm,
microfiche, contracts, agreements, notes, memoranda, summaries,
analyses, projections, indices, work papers, studies, test reports, test
results, surveys, diaries, calendars, films, photographs, videos,
movies, diagrams, drawings, sketches, minutes of meetings or any
other writing [including copies of the foregoing, regardless of whether
the parties to whom this request is addressed is not in the
possession, custody or control of the original] now in the possession,
custody or control of Plaintiff, her former or present counsel, agents,
employees, officers, insurers or any other persons acting on their
behalf.)
6. If not otherwise covered by the above Requests, any and all documents
regarding your investigation of the incident in question, with the exclusion of the mental
impressions, conclusions or opinions respecting the value or merit of a claim or defense,
or respecting strategy or tactics.
7. All documents relating in any way to all injuries, damages and losses
sustained by Plaintiffs. This should include, but not be limited to bills, invoices, medical
reports, medical records, medical bills, receipts, hospital records, charts and x-rays,
funeral expenses, wage and employment information, and all other documents in any way
relating to Plaintiff's ar:ld/or Plaintiff decedent's alleged injuries and damages.
8. Any release or other agreement between any person or entities given or
obtained in regard to the subject incident.
9. Any and all documents evidencing or pertaining to any lien by any person or
entity against potential recovery of damages by Plaintiff in this action.
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10. All documents or exhibits which you intend to offer or identify as exhibits
and/or evidence at any depositions or at the trial of this matter.
11. All financial records concerning the Plaintiff Adam Rhoades and Plaintiff's
decedent, Aaron Rhoades, including but not limited to any and all tax returns, W-2's, and
other filings, employment records, and wage or salary information, for a period of three (3)
years prior to the date of this incident and including the year of the incident.
12. Any and all documents which evidence any facts on the basis of which it will
be asserted that the Defendant caus~d or contributed to the happening of the injuries
sustained by the Plaintiff and/or Plaintiff's decedent.
13. Any documents identified in your Answers to any set of Interrogatories.
14. All documents which would support any claims for injuries/damages averred
in Plaintiffs' Complaint.
15. Copies of all records and documents reflecting the payment of medical bills
for Plaintiff and the amounts paid in satisfaction of such bills.
THOMAS, THOMAS & HAFER, LLP
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J€ffr y . Rettig, Esquire
(D. umber: 19616
North Front Street
P.O. Box 999
Harrisburg, PA 17101
(717) 255-7639
Dated:
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copies of the foregoing documel~n the following persons by placing same in the United States
mail, postage prepaid, on the day of November, 2000.
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Christopher J. Knight, Esquire
Nealon & Gover
2411 North Front Street
Harrisburg, PA 17110
:114407.1
THOMAS, THOMAS & HAFER, LLP
Jeffrey B. Rettig, Esquire
Identification Number: 19616
305 North Front Street
P.O. Box 999
Harrisburg, P A 17108-0999
(717) 255-7639
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JOHN RHOADES, Administrator of the
Estate of AARON RHOADES, deceased
and ADAM RHOADES,
Plaintiffs
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLIARD PARLOR &
SALOON, INC. and WILLIAM G. MAGARO :
and RICHARD E. PHELAN, tJd/b/a
MAGARO & PHELAN, a Pennsylvania
Partnership,
Defendants
v.
JOSHUA HUSLER,
Additional Defendant
JURY TRIAL DEMANDED
INTERROGATORIES OF DEFENDANT
FAST EDDIE'S BILLIARD PARLOR & SALOON. INC.
, ADDRESSED TO ADAM RHOADES
PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as
amended, you are required to forward a copy to the undersigned and retain the original, of your
answers and objections, if any, in writing and under oath, to the following Interrogatories, within
thirty (30) days of service hereof.
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The Answers shall be inserted in the spaces provided following the Interrogatories. If
there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on
a supplemental sheet.
DEFINITIONS AND INSTRUCTIONS.
A. "DOCUMENT" - writings or recordings of any kind, whether handwritten, typed, or
printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs,
microfilms, resolutions, books, computer printouts, computer cards, papers, pamphiets,
notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations,
rules, and forms.
B. "IDENTIFY" - when used with reference to a person, shall mean and include the full
name, present or last known business address, and if an individual, present or last known home
address; each of his or her employers titles with respect to the period covered by these
Interrogatories; a description of each duty and responsibility held by each such individual. When
used with references to a document or writing, the word "identify" shall mean to include the date
it was written; identify each person to how it was addressed and identify each person to whom a
copy was identified as being directed, identify each person who received a copy of the document
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or writing with a description of the document or writing as for instance, "letter", "memorandum";
include the present location and identify its custodian. If any document or writing is no longer in
your possession or subject to your control, state what disposition was made of it, the reason for
such disposition, the date thereof, and identify its current or last known location and custodian.
Whenever you are asked to "identify" an oral communication, the following information should be
given as to each oral communication or which you are aware, whether or not you or others were
present or participated therein. This information includes the means of communication (e.g.
telephone, personal conversation, etc.); where it took place; its date; the names, addresses,
employers and positions of all persons who participated in, or who were involved in the
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communication, all other persons who were present during or who overheard that communication,
the substance of who said what to whom and the order in which it was said, and whether that
communication, or any part thereof, was recorded or referred to in any document.
C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to,
pertaining to, commenting on, or connected wi h, in any manner whatsoever.
D. "YOU", "YOUR" - means the person in whose name this action is brought, his
employees, officers, representatives, agents and attomeys, or any person working for such
persons.
E. If you claim that the subject matter of a document or oral communication is
privileged, you need not set forth the brief stat ment of the subject matter of the document, or the
substance of any oral communication called or above. You shall, however, otherwise "identify"
such document or oral communication and s all state each ground on which you claim that such
document or oral communication is privileged.
F. As used herein, the term "s ATEMENT' means a written statement signed or
otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical
or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral
statement by the person making it and conte poraneously recorded.
These Interrogatories are deemed 0 be continuing nature, in accordance with the
provisions of the Pennsylvania Rules of Givi Procedure, as amended. If between the time of
forwarding your original answers to these Inte ogatories, and the time of trial of this matter, you or
anyone acting on you~ behalf leam the id ntify and location of additional persons having
knowiedge of discoverable facts and the ide tity of persons expected to be called as an expert
witness at trial not disclosed in your Answer . or if you or an expert witness obtain information
upon the basis of which you or he knows that n Answer, was incorrect when made, or knows that
an Answer, though correct when made, is no I nger true, then you shall promptly supplement your
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original Answers under oath to include such information thereafter acquired, and promptly furnish
such a supplemental Answer on the undersigned.
THOMAS, THOMAS & HAFER, LLP
Date:
JEFFREY B. RETTIG, ESQUIRE
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7639
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1. For each Plaintiff, please state:
(a) Your full name;
(b) Each other name, if any, which you have used or by which you have been known;
(c) The name of your spouse at the time of the accident and the date and place of your
marriage to such spouse;
(d) The address of your present residence and the address of each other residence
which you have had during the past five years;
(e) Your present occupation and the name and address of your employer;
(f) Date of your birth;
(g) Your Social Security number;
(h) Your military service and positions held, if any; and
(i) The schools you have attended and the degrees or certificates awarded, if any.
2. List and describe all expenses and losses that you have incurred because of the
incident.
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3. State with particularity the factual basis for each claim or defense you are asserting
in this case.
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4. WITNESSES
(a) Identify each person who
(1) Was a witness to the incident through sight or
hearing and/or
(2) Has knowledge of facts concerning the happening of the
incident or conditions or circumstances at the scene of the
incident prior to, at the time of, or after the incident.
(b) With respect to each such person identified, state that person's exact location and
activity at the time of the incident.
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5. If you know of anyone that has given any statement (as defined by the Rules of Civil
Procedure) concerning this action or its subject matter, state:
(a) The identity of such person;
(b) When, where, by whom, and to whom each statement was made,
and whether it was reduced to writing or otherwise recorded; and
(c) The identity of any person who has custody of any such statement
that was reduced to writing or otherwise recorded.
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6. Identify documents (except reports of experts subject to Pa.R.C.P. No. 4003.5)
which describe the incident or the cause thereof.
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7. If you know of the existence of any photographs, motion pictures, video recordings,
maps, diagrams, or models relevant to the incident, state:
(a) The nature or type of such item;
(b) The date when such item was made;
(c) The identity of the person that prepared or made each item; and
(d) The subject that each item represents or portrays.
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8. If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any
investigations of the incident, identify:
(a) Each person, and the employer of each person, who conducted any
investigation(s); and
(b)
All notes, reports, or other documents prepared during or as a result
of the investigation(s) and the persons who have custody thereof.
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9. Identify each person you intend to call as a non-expert witness at the trial of this
case, and for each person identified, state your relationship with the witness and the
substance of the facts to which the witness is expected to testify.
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10. Identify each expert you intend to call as a witness at the trial of this matter, and for
each expert state:
(a) The subject matter about which the expert is expected to testify; and
(b) The substance of the facts and opinions to which the expert is
expected to testify and a summary of the grounds for each opinion.
(You may file as your answer to this interrogatory, the report of the
expert or have the interrogatory answered by your expert.)
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11. Identify all exhibits that you intend to use at the trial of this matter and state whether
they will be used during the liability or damages portions of the trial.
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12. Identify all injuries or diseases that you allege each Plaintiff suffered as a result of
the incident.
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13. If, either prior to or subsequent to the incident, Plaintiff, Adam Rhoades, suffered
any injury or disease in those portions of the body claimed by Plaintiff to have been
affected by the incident state:
(a) The injury or disease you suffered;
(b) The date and place of any accident, if such injury or disease was caused by an
accident;
(c) The identity of hospitals, doctors, or practitioners who rendered treatment or
examination because of such injury or diseases; and
(d) The identity of anyone against whom a claim was made, and the tribunal and
docket number of any claim or lawsuit that was filed in connection with such injury
or disease.
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(a)
(b)
(c)
(d)
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If Plaintiff, Adam Rhoades, received medical treatment or examination (including x-
rays) because of injury or disease Plaintiff suffered as a result of the incident, state:
The identity of each hospital at which you were treated or examined;
The date on which each such treatment or examination at a hospital was rendered,
and the charge by the hospital for each;
The identity of each doctor or practitioner by whom you were treated or examined;
The date on which each such treatment or examination by a doctor or practitioner
was rendered, and the charge for each; and
The identity of any document(s) (except reports of experts subject to Pa.R.C.P.
4003.5) regarding any medical treatment or examination, setting forth the author
and date of such document(s).
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15. For the period of three years immediately preceding the date of the incident, state:
(a) the name and address of each of your employers, or if you were self-employed
during any portion of that period, each of your business addresses and the name of
the business while self-employed;
(b) The dates of commencement and termination of each of your periods of
employment or self-employment;
(c) The nature of your occupation in each employment or self-employment; and
(d) The wage, salary, or rate of earnings received by you in each employment or self-
employment, and the amount of income from employment and self-employment for
each year.
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16. If Adam Rhoades has engaged in one or more gainful occupations subsequent to
the date of the incident, state:
(a) The name and address of each of your employers or, if you were self-employed at
anytime subsequent to the incident, each of your business addresses and the name
of the business while self-employed;
(b) The dates of commencement and termination of each of your periods of
employment or self-employment;
(c) The nature of your occupation in each employment or self-employment;
(d) The wage, salary or rate of eamings received by you in each employment or self-
employment, and the amount of income from employment and self-employment for
each year; and
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The date(s) of any absence(s) from your occupation resulting from any injury or
disease suffered in this incident, and the amount of any earnings or other benefits
lost by you because of such absence(s).
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17. If, as a result of this incident, Plaintiff, Adam Rhoades, has been unable to perform
any of their customary occupational duties or social or other activities in the same
manner as prior to the incident, state with particularity:
(a) The duties and/or activities you have been unable to perform;
(b) The periods of time you have been unable to perform; and
(c) The identity of all persons having knowledge thereof.
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18. In paragraphs 18 and 19 of Plaintiffs' Complaint, it is alleged that Defendant
served Additional Defendant Joshua D. Husler intoxicating beverages while
Joshua D. Husler was visibly intoxicated. In accordance therewith, please
state the following:
(a) What evidence Plaintiffs have to support said allegations; and
(b) The identity, by name, address, telephone number of any and all
individuals who will testify to the allegations made in paragraphs 18 and 19
of Plaintiffs' Complaint.
ANSWER:
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CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copies of the foregoing document on the following persons by placing same in the United States
mail, postage prepaid, on the / '7 day of November, 2000.
,
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Christopher J. Knight, Esquire
Nealon & Gover
2411 North Front Street
Harrisburg, PA 17110
! THO:~S' THOMAS 2AFER, LLP
:114228.2
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EXHIBIT B
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Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
C'
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717/255-7639
JBR@tthlaw.com
February 2, 2001
Re: Rhoades v. Fast Eddie's, et al.
Dear Mr. McKnight:
My file reflects that I served discovery on you on November 17, 2000. There is no
indication that that discovery has been answered as yet. Please answer it within the next two
weeks so I do not need to file a Motion to Compel. Thank you.
JBRlbsw
cc: Christopher J. Knight, Esquire
:101589.10
,
Very truly yours,
Thomas, Thomas & Hafer, LLP
Jeffrey B. Rettig
.
CERTIFICATE OF SERVICE
I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct
copy of the foregoing document on the following person by placing same in the United States mail,
postage prepaid, on the :?-I day of 'f0 h , 2001.
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Christopher J. Knight, Esquire
Nealon & Gover
2411 North Front Street
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
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JOHN RHOADES, Administrator
of the Estate of AARON RHOADES,
deceased, and ADAM RHOADES,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN tJd/b/a
MAGARO AND PHELAN,
A Pennsylvania Partnership,
Defendants
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
To Curtis R. Long, Prothonotary:
Please mark the above-captioned case settled and discontinued and issue a Settlement
Certificate to Marcus A. McKnight, Ill, Esquire, at 60 West Pomfret Street, Carlisle,
Pennsylvania 17013.
Respectfully Submitted:
Marcus . McKm ,
60 West Pomfret Street
Carlisle, P A 17013
(717) 249-2353
Counsel for plaintiffs
Date: May 21,2002
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"e.
JOHN RHOADES, Administrator
of the Estate of AARON RHOADES,
deceased, and ADAM RHOADES,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 2000-1983 CIVIL TERM
FAST EDDIE'S BILLARD PARLOR
& SALON, INC. and
WILLIAM G. MAGARO and
RICHARD E. PHELAN tld/b/a
MAGARO AND PHELAN,
A Pennsylvania Partnership,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to
Settle and Discontinue was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
Jeffrey B. Rettig, Esquire
Jason F. Ernest, Paralegal
Thomas, Thomas & Hafer, LLP
305 North Front Street
Sixth Floor, P. O. Box 999
Harrisburg, PA 17108
IRWIN, McKNIGHT & HUGHES
By:
Ma usA.Mc
60 West Pomfret
Carlisle, P A 17013
(717) 249-2353
Supreme Court J.D. No. 25476
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Date: May 21. 2002
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