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HomeMy WebLinkAbout03-0326JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaintiffs RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION, and CUMBERLAND LAND, L.L.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: Richard A. Woodruff, Sr. t/d/b/a Woodrich Enterprises, Inc. 109 Tall Oak Drive New Cumberland, PA TO: Richard A. Woodruff, Sr. t/d/b/a McDonald's Restaurant No. 22804 5550 Carlisle Pike Mechanicsburg, PA TO: Woodrich Enterprises, Inc. 109 Tall Oak Drive New Cumberland, PA TO: McDonald's Corporation 2704 Commerce Drive Harrisburg, PA 17110 TO: Cumberland Land, L.L.C. Two Ponds Edge Drive Chadds Ford, PA 19317 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 Document #: 248378 if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800/990-9108 Document #: 248378 JEREMY M. and MELISSA J. GORECKI, : husband and wife, : Plaintiffs : Vo RICHARD A. WOODRUFF, SR., : individually and t/d/b/a WOODRICH : ENTERPRISES, INC., RICHARD A. : WOODRUFF, SR., t/d/b/a MCDONALD'S : RESTAURANT NO. 22804, WOODRICH : ENTERPRISES, INC., MCDONALD'S : CORPORATION, and CUMBERLAND : LAND, L.L.C., : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C).7 -3z- 6 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Jeremy M. Gorecki and Melissa J. Gorecki, husband and wife, are adult individuals who reside at 6280 Carlisle Pike, Lot No. 11, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Richard A. Woodruff, Sr., is an adult individual who trades and does business as Woodrich Enterprises, Inc., with a principal place of business located at 109 Tall Oak Drive, New Cumberland, Cumberland County, Pennsylvania. 3. Defendant, Richard A. Woodruff, Sr., is an adult individual who trades and does business as McDonald's Restaurant No. 22804, with a business address of 5550 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant, Woodrich Enterprises, Inc., is a Pennsylvania Corporation with a principal place of business located at 109 Tall Oak Drive, New Cumberland, Cumberland County, Pennsylvania. Document #: 2483 78 5. Defendant, McDonald's Corporation, is a Delaware corporation with a duly registered agent in Pennsylvania located at 2704 Commerce Drive, Harrisburg, Dauphin County, Pennsylvania, 17110. 6. Defendant, Cumberland Land, L.L.C., is a Pennsylvania limited liability company with a principal place of business at Two Ponds Edge Drive, Chadds Ford, Delaware County, Pennsylvania, 19317. 7. At all times mentioned herein, Defendant, Richard A. Woodruff, Sr., was in possession, management, and control of McDonald's Restaurant No. 22804, individually and through his employees, servants and/or agents who were acting within the course and scope of their employment with Defendant, Richard A. Woodruff, Sr., and in furtherance of Defendant's business. 8. At all times mentioned herein, Defendant, McDonald's Corporation, was in possession, management, and control of McDonald's restaurant No. 22804, individually and through its employees, servants, and/or agents who were acting within the scope of their employment and in furtherance of Defendant's business. 9. At all times mentioned herein, Defendant, Cumberland Land, L.L.C., owned, occupied, and possessed the property located at 5550 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 10. On January 21, 2001, Plaintiff, Jeremy M. Gorecki, was visiting McDonald's Restaurant No. 22804, and as he entered the store, there existed an accumulation of water and/or ice upon the restaurant entrance which caused Plaintiff to slip and fall, resulting in serious and permanent injuries. Document t4:2483 78 -2- 11. On July 21,2001, Plaintiff, Jeremy M. Gorecki, was visiting McDonald's Restaurant No. 22804, as a business customer and therefore was a business invitee. 12. forth. 13. COUNT I Plaintiff, Jeremy M. Gorecki v. Defendant, Richard A. Woodruff, Sr., Individually and t/d/b/a Woodrich Enterprises~ Inc, and t/d/b/a McDonalds Restaurant No 22804 Paragraphs 1 through 11 hereof are incorporated herein by reference as if fully set Defendant, Richard A. Woodruff, Sr., individually and t/d/b/a Woodrich Enterprises, Inc., was the owner of the McDonald's Restaurant No. 22804 located at 5550 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 14. Defendant, Richard A. Woodruff, Sr., knew or should have known of the dangerous condition on the premises and knew or should have known his visitor would not discover the hazard and protect his visitors against the hazard. 15. 23. Defendant, Richard A. Woodruff, Sr.,, is vicariously liable for the actions and/or omissions of his agents, servants, workmen and/or employees as though he performed the actions or committed the omissions itself. 16. Defendant, Richard a. Woodruff, Sr. individually and/or by his agents, servants, workmen and/or employees, acting within the scope of their authority, breached his legal duty to the public and to Plaintiff Jeremy Gorecki and was negligent in the following particulars: (a) causing or permitting water and/or ice to accumulate upon the entrance to the restaurant would impose an unreasonable risk of injury to Plaintiff and other business invitees; -3- Document #: 248378 (e) (f) customers. (b) failing to make a reasonable inspection of the entrance which would have revealed the existence of the dangerous condition imposed by the accumulation of water and/or ice; (c) failing to give warning of the dangerous condition imposed by the accumulation of water and/or ice, erect barricades, or take any other safety precautions to prevent injury to the Plaintiff and other business invitees; (d) failing to remove the accumulated water and/or ice from the entranceway and to keep the entranceway clear of water and/or ice; failing to mop up or clean accumulations of ice and water; and failing to maintain the restaurant in a condition which was safe for 17. As a direct and proximate result of the negligence of Defendant Woodruff, Plaintiff suffered serious and permanent injuries including, but not limited to: (a) trauma and injury to his right leg; and (b) trauma and injury to his right knee. 18. As a direct and proximate result of the negligence of Defendant Woodruff, Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered and will continue to incur said medical bills and expenses in the future. 19. As a direct and proximate result of the negligence of Defendant Woodruff, Plaintiff suffered a past loss of eamings, future loss of earnings, loss of earning capacity, loss of ability to perform household services, loss of productivity, and the shortening of his economic horizons. 20. As a direct and proximate result of the negligence of Defendant Woodruff, Plaintiff has undergone and in the future will undergo great mental and physical pain and suffering, mental -4- Document #: 248378 anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present, and future loss of his ability to enjoy the pleasures of life, and limitation in his pursuit of daily activities, all to his great loss and detriment. 21. As a direct and proximate result of the negligence of Defendant Woodruff, Plaintiff has been scarred and disfigured. 22. As a direct and proximate result of the negligence of Defendant Woodruff, Plaintiff has also suffered incidental costs and expenses including, but not limited to, costs associated with medical appliances. WHEREFORE, Plaintiff, Jeremy M. Gorecki, demands judgment against Defendant, Richard A. Woodruff, Sr., either individually and/or jointly and severally, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland Cotmty, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. 23. forth. 24. COUNT II Plaintiff, Jeremy M. Gorecki v. Defendant, Woodrich Enterprises, Inc. Paragraphs 1 through 22 hereof are incorporated herein by reference as if fully set Defendant, Woodrich Enterprises, Inc., knew or should have known of the dangerous condition on the premises and knew or should have known its visitors would not discover the hazard and protect its visitors against the hazard. Document #: 248378 -5- 25. Defendant, Woodrich Enterprises, Inc., is vicariously liable for the actions and/or omissions of its agents, servants, workmen and/or employees as though it performed the actions or committed the omissions itself. 26. In addition, Defendant, Woodrich Enterprises, Inc., individually and/or by its agents, servants, workmen and/or employees, acting within the scope of their authority, breached its legal duty to the public and to Plaintiff Jeremy Gorecki and was negligent in the following particulars: (a) causing or permitting water and/or ice to accumulate upon the entrance to the restaurant would impose an unreasonable risk of injury to Plaintiff and other business invitees; (b) failing to make a reasonable inspection of the entrance which would have revealed the existence of the dangerous condition imposed by the accumulation of water and/or ice; (c) failing to give warning of the dangerous condition imposed by the accumulation of water and/or ice, erect barricades, or take any other safety precautions to prevent injury to the Plaintiff and other business invitees; (d) failing to remove the accumulated water and/or ice from the entranceway and to keep the entranceway clear of water and/or ice. (e) customers; and (g) failing to mop up or clean accumulations of ice and water; failing to maintain the restaurant in a condition which was safe for failing to implement an inspection program for its businesses. Document #: 248378 -6- 27. As a direct and proximate result of the negligence of Defendant, Woodrich Enterprises, Inc., Plaintiff suffered serious and permanent injuries including, but not limited to: (a) trauma and injury to his right leg; and (b) trauma and injury to his right knee. 28. As a direct and proximate result of the negligence of Defendant, Woodrich Enterprises, Inc., Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered and will continue to incur said medical bills and expenses in the future. 29. As a direct and proximate result of the negligence of Defendant, Woodrich Enterprises, Inc., Plaintiff suffered a past loss of earnings, future loss of earnings, loss of eaming capacity, loss of ability to perform household services, loss of productivity, and the shortening of his economic horizons. 30. As a direct and proximate result of the negligence of Defendant, Woodrich Enterprises, Inc., Plaintiff has undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present, and future loss of his ability to enjoy the pleasures of life, and limitation in his pursuit of daily activities, all to his great loss and detriment. 31. As a direct and proximate result of the negligence of Defendant, Woodrich Enterprises, Inc., Plaintiff has been scarred and disfigured. 32. As a direct and proximate result of the negligence of Defendant, Woodrich Enterprises, Inc., Plaintiff has also suffered incidental costs and expenses including, but not limited to, costs associated with medical appliances. Document #: 248378 -7- WHEREFORE, Plaintiff, Jeremy M. Gorecki, demands judgment against Defendant, Woodrich Enterprises, Inc., either individually and/or jointly and severally, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. 33. forth. 34. COUNT III Plaintiff, Jeremy M. Gorecki v. Defendant, McDonald's Corporation Paragraphs 1 through 32 hereof are incorporated herein by reference as if fully set Defendant, McDonald's Corporation, is a Delaware corporation with a duly registered agent in Pennsylvania located at 2704 Commerce Drive, Harrisburg, Dauphin County, Pennsylvania, 17110. 35. Defendant, McDonald's Corporation, knew or should have known of the dangerous condition on the premises and knew or should have known its visitor would not discover the hazard and protect its visitors against the hazard. 36. Defendant, McDonald's Corporation, is vicariously liable for the actions and/or omissions of its agents, servants, workmen and/or employees as though it performed the actions or committed the omissions itselfi 37. In addition, Defendant, McDonald's Corporation, individually and/or by its agents, servants, workmen and/or employees, acting within the scope of their authority, breached its legal duty to the public and to Plaintiff Jeremy Gorecki and was negligent in the following particulars: Document #: 248378 -8- (a) causing or permitting water and/or ice to accumulate upon the entrance to the restaurant would impose an unreasonable risk of injury to Plaintiff and other business invitees; (b) failing to make a reasonable inspection of the entrance which would have revealed the existence of the dangerous condition imposed by the accumulation of water and/or ice; (c) failing to give warning of the dangerous condition imposed by the accumulation of water and/or ice, erect barricades, or take any other safety precautions to prevent injury to the Plaintiff and other business invitees; (d) failing to remove the accumulated water and/or ice from the entranceway and to keep the entranceway clear of water and/or ice. failing to mop up or clean accumulations of ice and water; failing to maintain the restaurant in a condition which was safe for (e) (f) customers; and (g) failing to implement an inspection program for its franchisees. 38. As a direct and proximate result of the negligence of Defendant, McDonald's Corporation, Plaintiff suffered serious and permanent injuries including, but not limited to: (a) trauma and injury to his right leg; and (b) trauma and injury to his right knee. 39. As a direct and proximate result of the negligence of Defendant, McDonald's Corporation, Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered and will continue to incur said medical bills and expenses in the future. Document It: 248378 -9- 40. As a direct and proximate result of the negligence of Defendant, McDonald's Corporation, Plaintiff suffered a past loss of earnings, future loss of earnings, loss of earning capacity, loss of ability to perform household services, loss of productivity, and the shortening of his economic horizons. 41. As a direct and proximate result of the negligence of Defendant, McDonald's Corporation, Plaintiff has undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present, and future loss of his ability to enjoy the pleasures of life, and limitation in his pursuit of daily activities, all to his great loss and detriment. 42. As a direct and proximate result of the negligence of Defendant, McDonald's Corporation, Plaintiff has been scarred and disfigured. 43. As a direct and proximate result of the negligence of Defendant, McDonald's Corporation, Plaintiff has also suffered incidental costs and expenses including, but not limited to, costs associated w/th medical appliances. WHEREFORE, Plaintiff, Jeremy M. Gorecki, demands judgment against Defendant, McDonald's Corporation, either individually and/or jointly and severally, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. COUNT IV Plaintiff~ Jeremy M. Gorecki v. Defendant~ Cumberland Land~ L.L.C Paragraphs 1 through 43 hereof are incorporated herein by reference as if fully set 44. forth. Document #: 248378 -10- 45. Defendant, Cumberland Land, L.L.C., is a Pennsylvania limited liability company with a principal place of business at Two Ponds Edge Drive, Chadds Ford, Delaware County, Pennsylvania, 19317. 46. Defendant, Cumberland Land, L.L.C., knew or should have known of the dangerous condition on the premises and knew or should have known its visitor would not discover the hazard and protect its visitors against the hazard. 47. Defendant, Cumberland Land, L.L.C., is vicariously liable for the actions and/or omissions of its agents, servants, workmen and/or employees as though it performed the actions or committed the omissions itself. 48. In addition, Defendant Cumberland Land, L.L.C. individually and/or by its agents, servants, workmen and/or employees, acting within the scope of their authority, breached its legal duty to the public and to Plaintiff Jeremy Gorecki and was negligent in the following particulars: (a) causing or permitting water and/or ice to accumulate upon the entrance to the restaurant would impose an unreasonable risk of injury to Plaintiff and other business invitees; (b) failing to make a reasonable inspection of the entrance which would have revealed the existence of the dangerous condition imposed by the accumulation of water and/or ice; (c) failing to give warning of the dangerous condition imposed by the accumulation of water and/or ice, erect barricades, or take any other safety precautions to prevent injury to the Plaintiff and other business invitees; and (d) failing to remove the accumulated water and/or ice from the entranceway and to keep the entranceway clear of water and/or ice. Document #: 2483 78 -11- and (e) (f) failing to mop up or clean accumulations of ice and water; failing to maintain the property in a condition which was safe for customers; (g) failing to implement an inspection program for its lessees. 49. As a direct and proximate result of the negligence of Defendant, Cumberland Land, L.L.C., Plaintiff suffered serious and permanent injuries including, but not limited to: (a) trauma and injury to his fight leg; and (b) trauma and injury to his fight knee. 50. As a direct and proximate result of the negligence of Defendant, Cumberland Land, L.L.C., Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered and will continue to incur said medical bills and expenses in the future. 51. As a direct and proximate result of the negligence of Defendant, Cumberland Land, L.L.C., Plaintiff suffered a past loss of earnings, future loss of earnings, loss of earning capacity, loss of ability to perform household services, loss of productivity, and the shortening of his economic horizons. 52. As a direct and proximate result of the negligence of Defendant, Cumberland Land, L.L.C., Plaintiffhas undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present, and future loss of his ability to enjoy the pleasures of life, and limitation in his pursuit of daily activities, all to his great loss and detriment. 53. As a direct and proximate result of the negligence of Defendant, Cumberland Land, L.L.C., Plaintiffhas been scarred and disfigured. Document #: 2483 78 -12- 54. As a direct and proximate result of the negligence of Defendant, Cumberland Land, L.L.C., Plaintiff has also suffered incidental costs and expenses including, but not limited to, costs associated with medical appliances. WHEREFORE, Plaintiff, Jeremy M. Gorecki, demands judgment against Defendant, Cumberland Land, L.L.C., either individually and/or jointly and severally, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. COUNT V Plaintiff, Melissa J. Gorecki v. Defendants Paragraphs 1 through 54 hereof are incorporated herein by reference as if fully set 55. forth. 56. At all relevant times, Plaintiffs, Jeremy M. and Melissa J. Gorecki, were husband and wife, and solely as a result of the aforesaid negligence, carelessness, and recklessness of Defendants, and as a result of the injuries to Jeremy M. Gorecki, the Plaintiff, Melissa J. Gorecki, has been deprived of the assistance, companionship, consortium, and society of her husband and has lost his services to her, all to her great loss and detriment which may continue indefinitely. Document #: 2483 78 -13- WHEREFORE, Plaintiff, Melissa J. Gorecki, demands judgment against Defendants, either individually and/or jointly and severally, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C.'T(Spe~rs, Esquire~'~-~ Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110~0300 (717) 238-8187 Attorneys for Plaintiffs Document #: 2483 78 -14- VERIFICATION I, Andrew C. Spears, Esquire, certify that I am the attorney for Plaintiffs and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I further state that the Verifications of Plaintiffs, Jeremy M. Gorecki and Melissa J. Gorecki, cannot be obtained within the time required for the filing of this document, and that I am authorized to make this Verification. I further state that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Andrew C. Spears Document #: 248378 ~~ C'3 ~' ) ~ C r ~~'. i ~ v ~ ~ ,. r/~ f i ,~ r F - •, a' W :tea _.i ~~ -"t 4, ...... "I") 7 -: L.: ) ~~ .a +~ ~~ .X~ i.~ J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaintiffs, RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION, and CUMBERLAND LAND, L.L.C. Defendants. CIVIL ACTION NO.: 03-326 PRAECIPE FOR APPEARANCE Filed on Behalf off MCDONALD'S CORPORATION, Defendant Counsel of record for this party: James E. Kennedy, Esquire PA I.D. 20030 BASHLINE & HUTTON Firm No.:lS0 1605 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaintiffs, CIVIL ACTION NO.: 03-326 RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION, and CUMBERLAND LAND, L.L.C. Defendants. PRAECIPE FOR APPEARANCE TO: Cumberland County Prothonotary: Kindly enter my appearance on behalf of the Defendant, McDonald Corporation, in the above-captioned matter. BASHLiNE &.HUTTON BY/~~nne dye, ~squire ttorneys for Defendan~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within PRAECIPE FOR APPEARANCE was served on counsel of record, as set forth below, by first class mail, postage pre-paid, on the ~.~ day of February, 2003 Andrew C. Spears, Esquire P. O. Box 5300 3211 North Front Street Harrisburg, PA 17110 Cumberland Land, L.L.C. Two Ponds Edge Drive Chadds Ford, PA 19317 BASHLINE & HUTTON ~ Kennedy, Esquire [~r Attorneys for Defendants SHERIFF'S RETURN - REGULAR CASE NO: 2003-00326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GORECKI JEREMY M ET AL VS WOODRUFF RICHARD ASR ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOODRUFF RICHARD ASR TDBA MCDONALDS RESTAURANT NO 22804 the DEFENDANT at 5550 CARLISLE PIKE , at 1633:00 HOURS, on the 29th day of January MECHANICSBURG, PA 17055 TODD CAMERON, ASSISTANT a true and attested copy of COMPLAINT & NOTICE by handing to MANAGER, ADULT IN CHARGE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 24.28 Sworn and Subscribed to before me this /~ ~ day of ) Pro~lon~t ar7 ~ So Answers: R. Thomas Kline 03/13/2003 ~~ METZGER WICK~ ~ By: / Deputy' S~erif f SHERIFF'S RETURN CASE NO: 2003-00326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GORECKI JEREMY M ET AL VS WOODRUFF RICHARD A SR ET AL OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOODRICH ENTERPRISES INC but was unable to locate Them deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 13th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/13/2003 METZGER WICKERSHAM R[ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ./~ day of ~~, P ro~honotary~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GORECKI JEREMY M ET AL VS WOODRUFF RICHARD A SR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCDONALDS CORPORATION but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 13th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of COunty 9.00 Surcharge 10.00 Dep Dauphin County 29.25 .00 54.25 03/13/2003 METZGER WICKERSHAM ~. Thomas Kl~fne Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of ~~~__ q~~~r~t · °n°tary ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GORECKI JEREMY M ET AL VS WOODRUFF RICHARD ASR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOODRUFF SR RICHARD A but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On March 13th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 49.68 .00 86.68 03/13/2003 METZGER WICKERSHAM S~ Thomas R1 fne eriff of Cumberland County Sworn and subscribed to before me this /~I~ day of ~6d~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GORECKI JEREMY M ET AL VS WOODRUFF RICHARD ASR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sw6rn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOODRUFF RICHARD ASR TDBA but was unable to locate Him deputized the sheriff of YORK WOODRICH ENTERPRISES INC in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 13th , 2003 , this office was in receipt of the attached return from YORK sheriff,s costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/13/2003 METZGER WICKERSHAM Ri Thomas Kline - Sheriff of Cumberland County Sworn and subscribed to before me this '/~ day of ~/~~v(~ g~th&not ary ~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:January 30, 2003 NOTICE & COMPLAINT MCDONALDS CORPORATION to KAREN DYER (CSR) of the original NOTICE & COMPLAINT to him/her the contents thereof at 2704 COMMERCE DRIVE SUITE B HARRISBURG, PA : GORECKI JEREMY M ET AL vs : MCDONALDS CORPORATION Sheriff's Return No. 0239-T - - -2003 OTHER COUNTY NO. 03 326 at 8:15AMserved the within upon by personally handing 1 true attested copy(ies) and making known 17110-0000 Sworn and subscribed to before me this 30TH d~of JANUARY, 2003 ! PROTHONOTARy SO Answers, Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs: $29.25 PD 01/29/2003 RCPT NO 174789 JS/SS R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor TO: Hon. Chad Kenney Delaware County Sheriff OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Jeremy M.' Gorecki et al ~ VS Richard A. Woodruff Sr. et al 03-326 civil, Dear Sir: Enclosed Please find to be served upon Notice and COmPlaint in your County." KindIy make service thereof and send us your return of service. EnclOsed is the advance payment which you requested. 02-04-2003 3:05 'Enclosures: Very trul~s, _ . R. Thomas Klin¢, Sheriff · Cumberland CeUn-~> Pem~sylvm,ia p om.-Sa~'d address is located ±n chester County, Pennsbury Townsh±p. Robert Sides , Delaware County I NOTARIAL SEAL ~'~f~ ~/~J ~' ~" ~ KATHLEEN E McCUEN, Notary PuNic -- '~ ' ~' | Media 8oro,, Del~w~e County I.__M~9~missio. Expires AFil 7, 20~6 lof3 YORKTO~fl%~E BUSINES~ FOMRS · (717)· 225-0363 · FAX (717) 225:0367 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DE'rACH ANY COPIES 1. PLAINTIFF/S/ Jeremy M. Gorecki et al 3. DEFENDANT/S/ Richard A. Woodruff Sr et al 2. COURT NUMBER 03-326 civil 4. TYPE OF WRIT OR COMPLAINT Notice and C~mplaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Richard A. Woodruff Sr. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 109 Tall Oak Drive New C~nberland, PA 17070 7. INDICATE SERVICE: El PERSONAL r~ PERSON IN CHARGE X~ DEPUTIZE ~[~C_,l~..___~,al/~__~rt [] 1St CLASS MAIL O POSTED [3 OTHER NOW January 28 ,20 03 I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of York · · ~ '" · ___ _ COUNTY to execute thi~,,m~e return ther.~S' .a¢~,' ord~ng to law. This deputization being made at the request and risk of the plaintiff. '~- ~:':::::'~'::: ..,:':' ]:?]."-.~.,~-.~ SHERIFF OF ~I~Iii~cOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: t~nberl=nd ADVANCED FEE PAID BY SHERIFF OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. ANDREW C. SPEARS 3211 N. FRONT ST.P0 BOX 5300 HARRISBURG, PA 10 238-8187 1-21-03 i2. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed), DUBMERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ ,~ N.~,,- I14' DATE RECEIVED I15' Expirati°n/Head ng Date or complaint as indicated above. . A R H E 1 - 2 9- 0 3 2- 2 0- 0 3 16. HOW SERVED: PERSONAL (~,,,[ RESIDENCE (f,,~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. r~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18. NAME AND TITLE OF INJ~IAJ~E~VED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. I~ate or, Service I 20. 5me of Service 22. REMARKS: 23. Advance ~,o(~· 0~ 24. Service30.ooCOStS 25. N/F 126.13.68Mileage 34. Foreign County Costs I 35. Advance Costs I 36. Service Costs 37. Notary Cert. 41. AFFIRMED and subscribed to before me this 1 3 42 dayof 'FEB 20 03~, ...... PRo Y/N AR ~ MELISSA J. SHA~FER, Nota~ City of York, York county __ I NIv~ornmjssion Expir,s ~ 2OO~/ 50. I AcK~WL~D'GE REEE~"-OF'~E Si:::~F~S ~E,~JJ~ OF/~JTHORIZED ISSUIN6 AUTHORITY AND TITLE' 27. PostageI 28. Sub Total I 29. Pound 30. Notary 1 43.68 I 6.00 38. Mileage/Posted/Not Found 44. Signature ~ .,Dep. Shedff ~:~ ~ Signature or'York C°unty Sheliff / W. ! LL ! k.~M 8. Signature of Foreign County Sheriff 39. Total Costs SO ANSWERS 31. Surchg. 32. Tot. Costs 33. CostsDue~'n~Check No. 49.68 50' 3Z'""~115 . 40. Costs Due or Refund I4~" rATE ~ 2-13-03 49. DATE -URE J51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK -Attomey 3. CANARY - Sheri~s Office 4. BLUE - Sheriff's Office YORKTOWNE BUSINESS FOMRS · (~'7~2~-5-0363 · FAX (717) 225-0367 COUNTY OFYORK OFFICE OF THE SHERIFF (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Jere~v M. Gorecki et al 3. DEFENDANT/S/ INSTRL,~I'IONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER 03-326 civil 4. TYPE OF WRIT OR COMPLAINT Richard A. Woodruff Sr et al Notice and Compla~t SERVE /' 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A']-rACHED, OR SOLD. Richard A. Woodruff Sr tdba Woodrich Enterprises inc 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORe. TWR. STATE AND ZIP CODE) AT 109 Tall Oak Drive New C~nberlan~, PA 17~70 7. INDICATE SERVICE: r~ PERSONAL r~ PERSON IN CHARGE ~ DEPUTIZE CtJ~I~IPI~ [] 1ST CLASS MAIL [] POSTED OOTHER NOW January 28 ,20 03 I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of h~{~"',,~ return themo~.'.~ording York COUNTY to execute t ~ ~ .." ]~ ~i;2~ to law. This deputization being made at the request and risk of the plaintiff. . ~ SHERIFF OF ~COUN~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY SH£11IFF OUT OF COUNT~~mberlan~ CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy er attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAMEandADDRESSofA']-FORNEY/ORIGINATORandSIGNATURE I 10. TELEPHONE NUMBER 11. DATE FILED ANDREW C. SPREARS 1238-8187 1-21=-3 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ R. A H R EN S or complaint as indicated above. /R (~P 16. HOW SERVED: PERSONAL ( ESIDENCE OSTED ( ) POE ( ) 14. DATE RECEIVED 1-29-03 SHERIFF'S OFFICE ( ) OTHER ( ) I1"5. Expiration/Hearing Date ' 2-20-03 SEE REMARKS BELOW 17. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) ME AND .T]-~F, EdI~DI,,VIDUAI~RVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dat~ of ~Jf~rvice 20. '13me of Service ~MPTS[ Dat~I TimeJ~ 'Int. IDate ~melM,,esI ,nt. IDate 'Rme Miles ,nt. I DateI 'rimelMilesI Int. I DateI ~mell~lesl/l~t. I Datel~meIMilesl -I~ 22. REMARKS: 41.34' AFFIRMEDF°reign CountYand subscribedC°StS,J to35'beforeAdVanceme thC°StSs 36.1 3Service~C°sts 37. Notary[, ~Cert'/ ~ 38. Mileage/Posted/Not,,3 Found; SO)AN~WERSN !1 39. Total Costs [ 40. Costst ,Due or Refund n"~ ' . Sign re 42. day o~ ,,FI:'R : _ 7A ~,X,~ ~L..,.,. PRO_.~y~De.. ~ ,~ N~ · ~ - . Sig ureof rk - - - ! ~i .i/;/'-" . / ' "N 'Z ../'~/. L4a. Signature of Foreign .... 49. DATE ! ! ~,~'Pf,,~../,/./'~"~ ~ '~ ~l,~'/~"'~b'~'-":Y County She~ 5O. ~ AC~O'~L~D%'~ ~-E~E~PT OF'filE SH~FY"S ~F-,~G~TURE OF ~UTHORIZED ISSUING AUTHORITY AND TITLe' J51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office ' 3 1. PLAINTIFF/S/ 3. DEFENDAN~SI SERVEAT of 3 YORKTOWNE BUSINESS FOMRS · (717) 225-0363 · FAX (717) 225-0367 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER Jeremy M. Gorecki et al n~-3~6 c~vil 4. TYPE OF WRIT OR COMPLAINT Richard A. Woodruff Sr. et al Notice and Complaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A']-I'ACHED, OR SOLD. Woodrich Enterprises 6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE) 109 Tall Oak Drive New C~nberlan~, PA 17070 7. INDICATE SERVICE: n PERSONAL r~ PERSON IN CHARGE ~ DEPUTIZE ~_/~d [] 1ST CLASS MAIL n POSTED [~ OTHER NOW January 28 ,20 03 I, SHERIFF OF ~COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Wr~ ~ return th~rding to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY SHERIFF C~be~land OUT 06 COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE ANDREW C. SPEARS 10. TELEPHONE NUMBER I 11. DATE FILED 238-8187 I 1-21-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERTFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ /' / I 14. DATE RECEIVED I 15. Expiration/Hearing Date or complaint as indicated above. /Ro AHRENS/ 1-29-03 2-20-03 16. HOWSERVED: PERSONAL ( ,¢/ RESIDENCE(C/' POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) . 18. NAME AND TITL~J~AI./SER.VED,~ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1,~ ~ate ~ Service120. 'Rme of Servi,,c~. , 22. REMARKS: 41. AFFIRMED and subscribe; to before me th s ' 13 H ~, ~ ,~, ' ~ .SO.~ANS~ERsl ~ . Signature 42. day of . FFr~ .ir 20- ~343; - ; ~ Dep Sh~- ~ ~ Jl )l~~ I m~,~,~ ~' U~ ~l'~'~'l~6 Signat,&eofY~k/ - - ~ MELISSAJ S~FFER No~Public I~ '-- . T. J~'~; -- / ' ' ~un~ nen I M ommission Expirs n, 2 20062/I WILL M. HOSE /~~ ~ /// ~ ~/ ~ ~ . / ~ /~J /.J 48. SignatureofForeign / ~~ ~. ~ ~~ ~ Coun~Shedff ~,1 A~N~WLEDGE RECEIPT OF ~HE SHERI~F~~A~URE O~A~HORIZED ISSUING AUTHORI~ ~D TI~ a 40. Costs Due or Refund 2-13-03 49. DATE 51. DATE RECEIVED 1. WHITE ~ Issuing Authority 2. PINK -Attomey 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaintiffs, RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION, and CUMBERLAND LAND, L.LC. Defendants. NOTICE TO PLEAD: To: Plaintiffs You are hereby notified to file a written response to the enclosed New Matter within 20 days from ervice hereof or a judgment/may be entered gainst ou. James E. Kennedy, Esq. CiVIL ACTION NO.: 03-326 ANSWER AND NEW MATTER Filed on Behalf of: RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., Counsel of record for this party: James E. Kennedy, Esquire PA I.D. 20030 BASH_LINE & HUTTON Firm No.:150 1605 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND, NOW, come the defendants, RICHARD A. WOODRUFF, SR., individually and tld/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., ffclPo/a MCDONALD'S RESTAURANT NO. 22804, and WOODRICH ENTERPRISES, INC., (hereinafter sometimes the "Woodruff/Woodrich" defendants) by their attorneys, Bashline & Hutton and James E. Kennedy, Esquire, and file the following Answer and New Matter to plaintiffs' Complaint as follows: ANSWER 1. The averments of Paragraph 1 of plaintiffs' Complaint are denied. The factual averments of said paragraph are generally denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 2. The averments of Paragraphs 2 are denied as stated. Defendant Richard A. Woodruff, Sr is an adult individual and a shareholder and officer of Woo&rich Enterprises, Inc., a corporation. Woodrich Enterprises, Inc is a separate entity legally distinct from Defendant Richard A. Woodruff, Sr. It is denied that Richard A. Woodruff, Sr "trades and does business as Woodrich Enterprises, Inc." as, to the contrary, Woodrich Enterprises, Inc trades and does business in its own fight as a bona fide corporation.. 3. The averments of Paragraphs 3 are denied as stated. Defendant Richard A. Woodruff, Sr is an adult individual and a shareholder and officer of Woodrich Enterprises, Inc., a corporation. Woo&rich Enterprises, Inc is a separate entity legally distinct from Defendant Richard A. Woodruff, Sr. Woodrich Enterprises, Inc trades and does business as a "McDonald's" restaurant at 5550 Carlisle Pike, Mechanicsburg, PA. 4. The averments of Paragraph 4 are admitted in part and denied in part. It is admitted that Woodrich Enterprises, Inc is a Pennsylvania corporation. However, it is denied that the principal place of business of the corporation is at 109 Tall Oak Drive, New Cumberland, PA but rather at 5256A East Trindle Road, Mechanicsburg, PA 17050. 5 and 6. Paragraphs 5 and 6 of plaintiffs' Complaint refer to the Co-Defendants, McDonald's Corporation and Cumberland Land, L.L.C., to which no response need be made by these Defendants. 7. The averments of Paragraph 7 of plaintiffs' Complaint are denied as stated. Defendant Richard A. Woodruff, Sr. has previously denied and continues to deny that he trades or operates the McDonald's restaurant in question. To the contrary, said restaurant is operated by Woodrich Enterprises, Inc., a separate and legally distinct entity, through the employees of Woodrich Enterprises, Inc. Consequently, Defendant Woodruff' denies that he was in possession, management or control of the McDonald's Restaurant as alleged, either individually or through his employees, servants or employees. Further, Plaintiffs have failed to specify the identity of the persons alleged to be employees, servants and/or agents of Defendant Woodruff (or the other defendants) or the actions of said individuals alleged to be within the course and scope of their employment and in furtherance of the business of Defendant Woodruff.. Therefore, all allegations as to possession, management, control and vicarious liability through alleged employees, servants or agents are denied. 8 and 9. Paragraphs 8 and 9 of plaintiffs' Complaint refer to the Co-Defendants, McDonald's Corporation and Cumberland Land, L.L.C., to which no response be made by these Defendants. 10. The averments of Paragraph 10 of plaintiffs' Complaint are denied. The factual averments of said paragraph are generally denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 11. Paragraph 11 contains conclusion of law to which no response is required. The remaining factual averments are denied pursuant to Rule 1029(e). WHEREFORE, theWoodmff/Woodrich defendants deny any and all liability. COUNT I Plaintiff, Jeremy M. Gorecki v. Defendant, Richard A. Woodruff, Sr., Individually and t/d/b/a Woodrich Enterprises, Inc., and tJd/b/a McDonalds Restaurant No. 22804 12. The Woodruff/Woodrich defendants incorporate their answers contained in paragraphs 1 through 11 of this Answer and New Matter in response to paragraph 12. 13. The averments of Paragraph 13 are denied as stated. Defendant Woodruff denies that he individually owns McDonald's Restaurant No. 22804 on Carlisle Pike and denies that he trades and does business as Woodrich Enterprises, Inc. To the contrary, Woodrich Enterprises, Inc is a corporation that trades and does business in its own right. By way of further response, Defendant Woodruff incorporates the response to Paragraphs 2 and 3 of the Complaint, supra. 14. The averments of paragraph 14 of plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. Defendant Woodruff denies he knew, or should have known, of the alleged dangerous condition or failed to discover or protect Plaintiff when under a legal duty to do so. He further denies that Plaintiff was "his visitor" as he does not operate the restaurant in question. 15, 16, 17, 18, 19, 20, 21 and 22. The averments of paragraphs 15, 16, 17, 18, 19, 20, 21 and 22 of Plaintiffs' Complaint are specifically denied and generally denied pursuant to Pa. R.C.P. 1029(e). Defendant Woodruff specifically denies that he is vicariously liable, or individually liable and/or liable through his agents, servants, workman and/or employees, for the plaintiff's alleged damages and injuries. It is specifically denied that the defendant Woodruff's actions or inactions, or the actions or inactions of his agents, servants, workman and/or employees resulted in a breach of duty to the plaintiff and/or were the direct and proximate cause of the plaintiff's alleged damages and injuries. It is further specifically denied that defendant Woodruff was negligent in any way described in paragraph 16 of the Complaint and strict proof thereof is demanded at the time of trial. By way of further response, Defendant Woodruff incorporates the response to Paragraphs 3 and 4 of the Complaint, supra. WHEREFORE, the defendant Woodruff denies any and all liability. COUNT II Plaintiff, Jerem¥ M. Gorecki v. Defendant, Woodrich Enterprises, Inc 23. The Woodrich defendant incorporates the answers contained in paragraphs 1 through 22 of this Answer and New Matter, as if fully set forth below, in response to Paragraph 23. 24. The averments of paragraph 24 of plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. Defendant Woodrich Enterprises, Inc denies it knew, or should have known, of the alleged dangerous condition which its visitors would not discover, the existence of which is denied, and denies that it failed to protect its visitors against the alleged hazard. 25, 26, 27, 28, 29, 30, 31 and 32. The averments of paragraphs 25, 26, 27, 28, 29, 30, 31 and 32 of plaintiffs' Complaint are specifically denied and generally denied pursuant to Pa. R.C.P. 1029(e). Defendant Woodrich Enterprises, Inc specifically denies that it is vicariously liable, or individually liable and/or liable through its agents, servants, workman and/or employees, for the plaintiff's alleged damages and injuries. It is specifically denied that the defendant Woodrich's actions or inactions, or the actions or inactions of its agents, servants, workman and/or employees resulted in a breach of duty to the plaintiff and/or were the direct and proximate cause of the plaintiff's alleged damages and injuries. It is further specifically denied that defendant Woodrich was negligent in any way described in paragraph 26 of the Complaint and strict proof thereof is demanded at the time of trial. WHEREFORE, the defendant Woodrich Enterprises, Inc denies any and all liability. COUNT III Plaintiff, Jeremy M. Gorecki v. Defendant McDonald's Corporation 33. The Woodruff/Woodrich defendants incorporate the answers contained in paragraphs 1 through 32 of this Answer and New Matter in response to Paragraph 33. 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43. Count m and Paragraphs 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43 of plaintiffs' Complaint refer to a defendant other than the Woodruff/Woodrich defendants and they need not respond. To the extent, if any, that such paragraphs allege or imply negligence or fault on the part of the Woodruff/Woodrich defendants, all such allegations are denied. WHEREFORE, the Woodmff/Woodrich defendants deny any and all liability. COUNT IV Plaintiff, Jerem¥ M. Gorecki v. Defendant, Cumberland Land, L.L.C. 44. The Woodmff/Woodrich defendants incorporate the answers contained in paragraphs 1 through 43 of this Answer and New Matter in response to Paragraph 33. 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54. Count IV and Paragraphs 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54 of plaintiffs' Complaint refer to a defendant other than the Woodruff/Woodrich defendants and they need not respond. To the extent, if any, that such paragraphs allege or imply negligence or fault on the part of the Woodruff/Woodrich defendants, all such allegations are denied. WHEREFORE, the Woodmff/Woodrich defendants deny any and all liability. COUNT V Plaintiff, Melissa J. Gorecki v. Defendants 55. The Woodruff/Woodrich defendants incorporate the answers contained in paragraphs 1 through 54 of this Answer and New Matter, as if set forth below, in response to Paragraph 55. 56. The averments of Paragraph 56 am generally and specifically denied. The factual averments of paragraph 56 are generally denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. It is specifically denied that the Woodmff/Woodrich defendants were negligent, careless or reckless in any way described in the plaintiffs' Complaint and that their actions or inactions were the sole cause of the plaintiff's alleged damages and injuries. WHEREFORE, the Woodruff/Woodrich defendants deny any and all liability. NEW MATTER By way of further response and defense, the Woodruff/Woodrich defendants assert as follows: 1. 2. Plaintiffs have failed to state a cause of action upon which relief can be granted. The injuries sustained by the plaintiffs were a consequence of the negligence of plaintiff, Jeremy M. Gorecki, himself. Consequently, Plaintiffs' right of recovery is barred, limited or controlled by the Pennsylvania Comparative Negligence Act. 3. The alleged dangerous condition, if proven to have existed at the time of the subject accident was an open and obvious condition which was easily observable to plaintiff, Jeremy M. Gorecki, who had a duty to ensure his own safety and welfare. 4. Plaintiffs' right of recovery is barred by the application of the doctrine of assumption of risk. 5. The McDonald's restaurant at 5550 Carlisle Pike, Mechanicsburg, Cumberland County, PA is a franchise restaurant owned and operated by Woodrich Enterprises, Inc., a Pennsylvania corporation. Defendant Richard A. Woodruff, Sr is an adult individual and is a shareholder and officer of Woodrich Enterprises, Inc. Defendant Woodruff avers that he is not and may not properly be individually liable to Plaintiffs as all actions or inactions which may be proven by Plaintiff's to be a proximate cause of Plaintiffs' injuries were performed by legal entities for which Defendant Woodruff is not legally or vicariously liable. 6. Employees of the McDonald's restaurant at 5550 Carlisle Pike, Mechanicsburg, Cumberland County, PA were at all times material hereto employees of Woodrich Enterprises, Inc., a Pennsylvania corporation and not employees of Richard A. Woodruff, individually. 7. Pursuant to a policy of insurance coveting some or ail of the Woodruff/Woodrich defendants, certain medical bills of the Plaintiffs were paid under the medical payments portion of the insurance coverage. Such payments were made without admission of fault by the said defendants. Should Plaintiffs prevail on their aileged cause of action, these defendants aver they are entitled to a set-off or credit against any verdict or award entered in the amount of said payments. WHEREFORE, the Woodroff/Woodrich defendants deny they are liable to plaintiffs for any sums whatsoever and demand judgment in their favor. BASHLINE & HUTTON ESQI~IRE E. r DY, /~ ~ttomey for Defendants, //Richard A. Woodruff, Sr., individually ¥ and tId/b/a Woodrich Enterprises, Inc., Richard A. Woodruff, Sr., t/d/b/a McDonald's Restaurant No. 22804 and Woodrich Enterprises, Inc. VERIFICATION The undersigned, Richard Woodruff, Sr, individually and as an authorized representative of Woodrich Enterprises Inc., avers that the statement of facts contained in the attached Answer and New Matter are tree and correct to the best of his information, knowledge and belief, and are made subject to the penalties of 18 PA. CONS. STAT. ANN §4909 relating to unswom falsification to authorities. DATE: March ~---I , 2003 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within ANSWER & NEW MATTER was served on counsel of record, as set forth below, by first class mail, postage pre-paid, on the '~ r~ay of July, 2003 Andrew C. Spears, Esquire P. O. Box 5300 3211 North Front Street Harrisburg, PA 17110 Cumberland Land, L.L.C. Two Ponds Edge Drive Chadds Ford, PA 19317 BASHLINE & HUTTON ,/J~nJes E. Kennedy, Esquire (,.,/A~omeys for Defendants Stephen E. Geduldig, Esquir~ Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108~0999 (717) 237-7100 FAX (717)237-7105 E-Mail: se ~(~tlhlaw.¢om_ Attorneys for Defendant: CUMBERLAND LAND, LLC JEREMY M. and MELISSA J. GORECKI, Plaintiffs RICHARD A. WOODRUFF, SR., t/d/b/a WOODRICH ENTERPRISES, 1NC.; RICHARD A. WOODRUFF, SR. t/d/b/a McDONALD'S RESTAURANT NO. 22304; WOODRICH ENTERPRISES, INC.; McDONALD'S CORPORATION; and CUMBERLAND LAND, L.L.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION -- LAW NO. 03-326 CWIL JURY TRIAL DEMANDED STIPULATION TO DISMI,qS ANDNOW, this 1._"~*~" dayof l~3c~'-~r,a'Yv~=-----~L,,2003, allparties, byand through their attorneys, whose signatures appear below, do hereby STIPULATE and AGREE that pursuant to Pa. R.C.P. 229, all claims, including any cross-claims by any Defendant against Defendant, Cumberland Land, L.L.C., only are withdrawn, and~',~umberland Land, L.L.C. is dismissed from this action, with prejudice. It is further STIPULATED and AGREED that this Stipulation may be signed in counterparts. DATE METZGER, WICKERSHAM, KNAUSS & ERB Andrew ~. Spears, Esquire Attorneys for Plaintiffs, Jeremy M. and Melissa J. Gorecki DATE BASHLINE & HUTTON J es Edward Ke~nned~,~ E~s?~ui~r~ McDonald's Restaurant No. 22304; Woodrich Enterprises, Inc. 2 DATE 263571.1 THOMAS, THOMAS & HAFER, LLP Stephen E. Gedul.dig, Esquire Attorneys for Defbndant, Cumberland Land[, LLC C) JEREMY M. and MELISSA J. GORECKI, Plaintiffs RICHARD A. WOODRUFF, SR., t/dgo/a WOODRICH ENTERPRISES, INC.; RICHARD A. WOODRUFF, SR. t/d/b/a McDONALD'S RESTAURANT NO. 22304; WOODRICH ENTERPRISES, INC.; McDONALD'S COP,-PORATION; and CUMBERLAND LAND, L.L.C., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : C1VIL ACTION ._ LAW : NO. 03-326 CIVIL : : : : JURY TRIAL DEMANDED ORDER AND NOW, this -----Lg ~ day of__ ~/c~,dv-~_ _, 2003, upon consideration of the signed Stipulation of Counsel, it is hereby ORDERED that the Stipulation is APPROVED and Defendant, Cumberland Land, LLC, on_g.!y_l is hereby dismissed from the case, with prejudice. BY THE COURT: 263581.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaintiffs, RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION, Defendants. CiVIL ACTION NO.: 03-326 MOTION TO COMPEL Filed on Behalf of: RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION Counsel of record for this party: James E. Kennedy, Esquire PA I.D. 20030 BASHLINE & HUTTON Firm No.: 150 1605 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 JURY TRIAL DEMANDED THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY M AND MELISSA J. GORECKI, CIVIL DIVISION Plaintiff, NO. 03-326 VS. RICHARD A. WOODRUFF, SR. INDIVIDUALLY and ffd/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a McDONALD'S RESTAURANT NO. 22804, WOODRICH INDUSTRIES, INC., McDONALD'S CORPORATION, Defendants. MOTION TO COMPEL AND NOW, COME, the Defendants, RICHARD A. WOODRUFF, SR. individually and t/d/b/a WOODRICH ENTERPRISES, INC., and RICHARD A. WOODRUFF, SR. t/d/b/a McDONALD'S RESTAURANT NO. 22804, WOODRICH INDUSTRIES, INC., and McDONALD'S CORPORATION, by their attorneys, JAMES E. KENNEDY ESQUIRE, and the Law Offices of BASHLINE & HUTTON, and present their Motion to Compel Discovery Responses directed to Plaintiff, Jeremy M. Gorecki and Melissa J. Gorecki and in support thereof state as follows: 1. This matter involves a slip and fall accident that occurred on January 21, 2001 at the McDonald's restaurant located at 5550 Carlise Pike, Mechanicsburg, PA. 2. By correspondence dated April 24, 2003, counsel for Defendants served upon counsel for Plaintiffs a set of Interrogatories and Request for Production of Documents. 3. Plaintiff did not respond to aforementioned discovery request, and by correspondence dated July 23, 2003, a copy of which is attached hereto as Exhibit "A", counsel was requested to submit his client's discovery responses, or contact the undersigned counsel as to when discovery responses were to be expected. 4. Plaintiffs' counsel has not responded to the undersigned counsel's letter of July 23, 2003, or follow-up telephone calls in September, 2003. 5. The requested discovery is necessary for the proper preparation of defenses in this case. WHEREFORE, Defendants pray this Honorable Court enter the attached proposed Order providing that Plaintiffs shall serve Answers to the Interrogatories and Responses to Request for Production of Documents within twenty (20) days from the presentation of this Motion. Respectfully submitted, B~,~ & HUTTON ~/ttorney for Defendants, / //Richard A. Woodruff, Sr., lndividually and t/d/b/a Woodfich Enterprises, Inc., Richard A. Woodruff, Sr., ffd/b/a McDonald's Restaurant No. 22804, Woodrich Enterprises, Inc., and McDonald's Corporation TERRY LM. BASHLINE GI~qALD $. HUTTON LINDA L PRETZ MARY ANN C. ACTON** LETA V, ~ BASHLINE & HUTTON* SUl're 1650 ONE PPG PLACE PITTSBURGH, PA 15222 T~LItI~ONE: (412) 391-7~05 FAX: (412) 391-0568 *Not a pmiamship RICHARD $. TRANKOCY, JR J. ERIC BARCH~SI? BERNARD J, KELLY** WILLIAM C. GALLISHEN BRYAN B. CAMPBELLt GREGORY ZOHORANACKY luly 23, 2003 Andrew C. Spears, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110 RE: Jeremy Gorecki v McDonald's Corp, et al. Docket No.: 03-326 Dear Mr. Spears: Th/s confimas our telephone conversation of Monday, July 21, 2003 wherein we agreed to postpone the plaintiffs' depositions until after they have responded to the Defendant's Interrogatories and Request for Production of Documents and lim Kennedy returns from his medical leave of absence. As the discovery requests were served on April 24, 2003, I would ask that the responses filed without further delay so as to avoid the necessity of a Motion to Compel. I will tickler this matter for ten (10) days at which time I hope to have the plaintiffs discovery responses so that we can proceed with rescheduhng the deposition~ Your cooperation in this matter is appreciated. Very truly yours, Susan Wagner, paralegal for James E. Kennedy, Esquire CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within MOTION TO COMPEL was served on counsel of record, as set forth below, by first class mail, postage pre-paid, on the I '3 day of December, 2003: Andrew C. Spears, Esquire P. O. Box 5300 3211 North Front Street Harrisburg, PA 17110 BASHLINE & HUTTON By ~es/~Kenn , E J~ . ~nn/e~y squire o~x., md/~Jdually and t/d/b/a WOODRICH ENTE,,~PRISES, INC., RICHARD A. WQIDDRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION JEREMY M. AND MELISSA J. GORECKI, Plaintiffs VS. RICHARD A. WOODRUFF, SR., iNDIVIDUALLY and T/D/B/A WOODRICH ENTERPRISES, 1NC.,: RICHARD A. WOODRUFF, SR., T/D/B/A MCDONALD'S RESTAURANT NO. 22804, WOODRICH INDUSTRIES, INC., MCDONALD'S CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 03-0326 CIVIL CIVIL ACTION - LAW IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this / ~' day of December, 2003, a role is issued on the plaintiffs to show cause why the relief requested in the within motion ought not to be granted. This role returnable twenty (20) days after service. t~ndrew C. Spears, Esquire For the Plaintiffs ~fames E. Kennedy, Esquie For the Defendants :rim 2 BY THE C, OURT, KTA. Hess, J. JEREMY M. and MELISSA J. GORECKI, : husband and wife, : Plaintiffs RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH : ENTERPRISES, INC., RICHARD A. : WOODRUFF, SR., t/d/b/a MCDONALD'S: RESTAURANT NO. 22804, WOODRICH : ENTERPRISES, INC., MCDONALD'S : CORPORATION, and CUMBERLAND : LAND, L.L.C., : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-326 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS, RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION~ and CUMBERLAND~ L.L.C. 1. Denied. Paragraph 1 states a legal conclusion to which no answer is required, and the averments are therefore denied. If further response is required, Plaintiffs have stated a legally cognizable cause of action for premises liability against the Defendants. 2. States a legal conclusion to which no answer is required, and the averments are therefore denied. If a response is required, the accident in question was caused by negligent conduct of the Defendants and their e~nployees and or servants as specified in Plaintiffs' Complaint. 3. Denied. States a legal conclusion to which no answer is required, and the averments are therefore denied. On the contrary, ifa response is required, the accident in 284593-1 question was caused solely by negligent conduct of Defendants and or their employees and or servants. 4. Denied. Paragraph 4 states a legal conclusion to which no answer is required, and the averments are therefore denied. The averments of paragraph 5 are specifically denied, and proof thereof is demanded. 6. is demanded. 7. Denied. The averments of paragraph 6 are specifically denied, and proof thereof Denied. Paragraph 7 states a legal conclusion to which no answer is required, the averments are therefore denied. WHEREFORE, Plaintiffs demand that Defendants' New Matter be dismissed and that judgment be entered in Plaintiffs' favor and against Defendants as requested in the Complaint filed in this action. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 284593-1 VERIFICATION I, Edward E. Knauss, IV, do hereby verify that I am the attomey for the Plaintiffs and that the facts set forth in the foregoing Plaintiffs' Reply to New Matter of Defendants, Richard A. Woodruff, Sr., Individually and t/d/b/a Woodrich Enterprises, Inc., Richard A. Woodruff, Sr., t/d/b/a McDonald's Restaurant No. 22804, Woodrich Enterprises, Inc., McDonald's Corporation, and Cumberland, L.L.C., are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: 284593-1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of the law firm ofMe~ger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Plaintiffs' Reply to New Matter of Defendants, Richard A. Woodruff, Sr., Individually and t/d/b/a Woodrich Enterprises, Inc., Richard A. Woodruff, Sr., t/d/b/a McDonald's Restaurant No. 22804, Woodrich Enterprises, Inc., McDonald's Corporation, and Cumberland, L.L.C., with reference to the foregoing action by first class mail, postage prepaid, this//-~ ~ day of January, 2004, on the following: James E. Kennedy, Esquire Bashline & Hutton One PPG Place, Suite 1650 Pittsburgh, PA 15222 ~dward E. Knauss, IV, Esquire 284593-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaintiffs, RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION, Defendants. CIVIL ACTION NO.: 03-326 STIPULATION Filed on Behalf of: RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONAI.D'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION Counsel of record for this party: James E. Kennedy, Esquire PA I.D. 20030 BASHLINE & HUTTON Firm No.: 150 1605 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaintiffs, RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., : MCDONALD'S CORPORATION, and CUMBERLAND LAND, L.L.C. No. 03-326 Defendants. STIPULATI__ON WHEREAS, Jeremy M. Gorecki and Melissa J. Gorecki have commenced this action against the above named Defendants, with the exception of Cumberland Land, L.L.C., as referenced below; WHEREAS, Plaintiffs seek to secure money damages as a consequence of an accident that allegedly occurred in a McDonald's franchisee restaurant (the restaurant) located at 5550 Carlisle Pike, Mechanicsburg, PA 17050; WHEREAS, the above mentioned restaurant is independently o~vned possessed, controlled, and operated by Defendant, Woodrich Enterprises, Inc. and, further, all employees of the restaurant are t~hat of Defendant Woodrich Enterprises, Inc. WHEREAS, Defendant Cumberland Land, L.L.C. has previously been dismissed from this matter with prejudice. WHEREAS, counsel for McDonald's Corporation has advised Plaintiff's counsel McDonald's Co ' - rporat~o,, does not have any role or responsibility in the day-to-day operations of the subiect restaurant business, including manufacturing, selling or serv/ng products, daily inspection, maintenance or clean up responsibilities associated with the restaurant, or hiring, training or supervision of the restaurant's employees and therefore, McDonald's Corporation seeks to be voluntatily dismissed from this lawsuit; NOW, THEREFORE, Plaintiffs and McDonald's Corporation, acting by and through their counsel of record as exddenced by their signatures below, hereby agree and stipulate a.s follows: 1. Plainfif£s do hereby voluntarily dismiss and discontinue this action against McDonald's Corporation; 2. It is hereby agreed that in the event that Plaintiffs later determine that they believe a cause of action does exist against McDonald's Corporation for the accident complained of in their Complaint, Plaintiffs may file an amended complaint, which will again name McDonald's Corporation as a Defendant; and 3. McDonald's Corporation does hereby agree that it will not raise the statute of limitations or other defense related to the passage of time in defense of the amended complaint. McDonald's Corporation does reserve the right to assert any and all other defenses it may have to the alleged cause of action set forth in the said anaended complaint. Edward E. Knauss, IV, Esquire Attorney for Plaintiffs J~ar~es E. Kennedy, Esquire " ~t,orney for ,Defendants, McDo~s Corp., t~ ,~ichard. A. Woodruff, Sr. t/d~"~a/Wood'ich '~/~nterpnses, lnc; Richard A. Woodruff, Sr. t/d/b/a/ McDonalds Restaurant No. 22304; Woodrich Enterprises, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within STIPULATION was served on counsel of record, as set forth below, by first class mail, postage pre-paid, on the-~0~day of February, 2004: Edward E. Knauss, IV, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 BASHLINE & HUTTON J ~ F-~ennedy, Esquire/ ) Attorneys for RICHARD A.~JOODRUFF, SR., individually and r/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., r/d/b/a MCDONALD's RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaintiffs RICHARD A. WOODRUFF, SR., individually and t/d/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., t/d/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION, and CUMBERLAND LAND, L.L.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW NO. 03-326 JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this _ ! '~ ' day of_ ~tl,..o, _, 2004, upon consideration of Plaintiffs' Motion to Compel Discovery, a Rule is entered upon Defendants, Richard A. Woodruff, Sr., Individually and t/d/b/a Woodrich Enterprises, Inc., Richard A. Woodruff, Sr., t/d/b/a McDonald's Restaurant No. 22804, Woorkich Enterprises, Inc., McDonald's Corporation and Cumberland Land L.L.C., to show cause, if any they have, why the relief requested in said motion should not be granted. Rule returnable 2.0 days from service. BY THE COURT: cc: ,./L~ward E. Knauss, IV, Esquire, Attorney for Plaintiffs ~'fames E. Kennedy, Esquire, Attorney for Defendants 299209-1 JEREMY M. GORECKI and MELISSA J. GORECKI, Husband and wife, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · 03-326 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WOODRUFF, SR.,: et al. IN RE: ARBITRATION ORDER OF COURT AND NOW, August 10, 2004, the Court having Ibeen informed that the above case has been settled prior to hearing, the Board of Arbitrators previously appointed is hereby vacated, and C. Roy Weidner, Jr., Esquire, Chairman, shall be paid the sum of $50.00. By the Court, C. Roy Weidner, Jr., Esquire Chairman Dawn S. Sunday, Esquire Douglas M. Wolfberg, Esquire Court Administrator ~ERR'/R DUFFLE RICHARD W. STE\~,?,RT C, ROY WEIDNER IR EDMUND G. MYERS DAVID W DELUCE JEFFERSON J SIIIPMAN RALPlt 11 WRIGIIT JR MARK C. DUFFLE JOHN R. NINOSKY MICtIAEL ~. CASSIDY MEi,ISSA ['EEL GREEVY ROBERT M. WALKER WADE D MANLEY L & W {} F F I C E S JOHNSON DUFFLE OF COUNSEL HOllACti A. JDIINSDN E I,EE SIIIPMAN BRLCE I. GROSSMAN August9,2004 The Honorable George E. Hoffer President Judge Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Jeremy M. Gorecki, et al. v. Richard A. Woodruff, Sr., Esquire No. 03-326 Cumberland Co. C.C.P. Dear Judge Hoffer: I was appointed Chairman of the arbitrators in the above captioned action by you. A hearing was scheduled to be held on August 2, 2,004. However, on July 30, 2004, Plaintiff's counsel advised that the matter had been settJed. Accordingly, we have returned the file to the Prothonotary's office. Please enter whatever order you deem appropriate including the vacation of the appointment of the arbitrators. Thank you for your consideration. Very truly yours, C. Roy Weidner, Jr. mh:233549 c: Edward E. Knauss, IV, Esquire James E. Kennedy, Esquire Dawn S. Sunday, Esquire Douglas M. Wolfberg, Esquire 301 MARKET STREET RO. BOX 109 LEMOYNE. PENNSYLVAN A 17045-0109 WWW. IDSW. COM 717.761.4540 FAX: 717.761.5015 MAIL@JDSW. COM }OHNSON, DUFFLE, STEWART & WEIDNER, P.C. JEREMY M. GORECKI and MELISSA J. : GORECKI, husband and wife, : : Plaintiffs : : v. : RICHARD A. WOODRUFF, SR., et al., : : Defendants : FILECOPY IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-326 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF ARBITRATORS' HEARING TO: Edward E. Knauss, IV, Esquire Metzger, Wickersham 3211 North Front Street Harrisburg, PA 17110 James E. Kennedy, Esquire Bashline & Hutton One PPG Place, ;Suite 1650 Pittsburgh, PA 16222 AND NOW, this 24th day of June, 2004, you are hereby notified that the arbitrators appointed in the above-captioned action will hold a headng for the purpose of their appointment as follows: Date: August 2, 2004 Time: 9:30 a,m. CAVEATS: Loc~ion: THE LAW OFFICES OF JOHNSON, r)UFFIE, STEWART & WEIDNER, 301 MARKET STREET, LEMOYNE, PENNSYLVANIA C: THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESFNT AT THE ARBITRATION LOCATION. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING. Court Administrator Bulletin Board, Prothonotary's Office PARTIES WISHING TO ARGUE LEGAL POINTS WILL SE EXPECTED TO HAVE COPIES OF STATUTES, CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ~ C. Roy Waidner, ,Jr., Esquiro, Chairman Dawn S. Sunday, Esquira,/~'bitrator Douglas M. ~t-o~g, Esquira,/~'bitrator JEREMY M. and MELISSA J. GORECKI, husband and wife, Plaimiffs Vo RICHARD A. WOODRUFF, SR., : individually and t/d/b/a WOODRICH : ENTERPRISES, INC., RICHARD A. : WOODRUFF, SR., t/d/b/a MCDONALD'S: RESTAURANT NO. 22804, WOODRICH : ENTERPRISES, INC., MCDONALD'S : CORPORATION, and CUMBERLAND : LAND, L.L.C., · Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-326 JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above case settled and discontinued with prejudice. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. (--"/-,, I Edward E.'Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaimiff 316750-1