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MORRIS C,\RllES.
IN THE COURT OF CO[~r~ON PLEAS
Cur~BERLAND COUNTY, PENN;,.
Plaintiff
v.
CIVIL ACTION - LAW
WENDY'S OW FASHION IIAt~BURGERS
OF NEW YORK, INC.,
NO. (/~
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Defendant
JURY TRIAL DE~UiliDED
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 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 LAI~YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEG~L HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
139190/KAS
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WENDY'S OLD FASHION IIMlBURGERS
OF NE~I YORK, HIC.,
NO. /,. I. ,i.." I 't'. II
1.'(. .
MORR I S CARrIES,
IN TilE COURT 01-' Cor~MON PLEAS
CUI~BI':PI,t\!1D COUflTY, PENNA.
Plaintiff
v.
CIVIl, ,'\CTroN - LMI
Defendant
JURY TRIAL DEMANDED
!:OMPJ;"AINT
1. The Plaintiff Morris L. Carnes
is an adult resident of
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Lancaster County, Pennsylvania.
2. The Defendant, l'lendy' s Old Fashion Hamburgers of New
York, Inc., is an Ohio Corporation registered to do business in
Pennsylvania.
3. On or about April 23, 1998, Mr. Carnes arrived with his
daughter at the Wendy's at the Windsor Park Shopping Center, on
Simpson
Ferry
Road
in Mechanicsburg,
Cumberland
County,
Pennsylvania.
,
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4. Wendy's was busy and he had some dif~iculty in finding a
place to park. However, Mr. Carnes finally located a designated
parking space behind the back door of the wendy's.
5. He and his daughter exited a van, went into the Wendy's
to eat lunch, and returned to the vehicle about 15 - 20 minutes
later.
6. Mr. Carnes opened the door for his daughter on the
passenger side of the van, walked around the front of the van, and
slipped and fell on a patch of oil, grease or similar material on
the parking lot surface.
7. All of Plaintiff's injuries, aD deocribed below, are the
direct and proximate result of the negligence of the Defendant
WendY'D in that it:
a. maintained itD parking lot in an unsafe condition;
b. failed to take reasonable steps to reduce the hazard
posed by grease in the parking lot;
c. improperly designated, as patron parking, an area
subject to grease staining because of its location; and
d. failed to post any warnings of the hazard involved.
8. As a result of the Defendant's negligence, Plaintiff
Morris Carnes sustained injury to his back, and a claim is made
therefore.
9. As a result of the aforementioned injuries, Morris Carnes
was forced to incur medical expenses in an effort to restore
himself to health, and because of the nature of his injuries,
Morris Carnes will be forced to incur similar expenses in the
future, and a claim is made therefor to the extent permitted by
law.
10. As a result of the aforementioned injuries, Plaintiff has
in the past and may in the future sustain a loss of earnings and a
diminution of earning capacity, and a claim is made therefor.
11. As a result of the aforementioned injuries, Plaintiff has
undergone and in the future will undergo great physical and mental
pain and suffering, great inconvenience in carrying out his daily
activities, loss of life's pleasures and enjoyment, and a claim is
made therefor.
2
12. Afl a reflult of the aforementioned injut'iet.:, Plaintiff has
been and in the future will be flubject to qreat humiliation,
embarraSflment and diflf igurement, and a claim is made therefor.
WHEREFORE, Plaintiff Morris Carnes demands judgment against
Defendant in an amount in excess of Twenty- five Thousand Dollars
($25,000.00) exclusive of interest and costs and in excess of any
jurisdictional amount requiring compulsory arbitration.
ANGINO & ROVNER, P.C.
Date: /oj,U/ 'Ii
7/; /~
J,eR M. Melillo, Esquire
A 'ney I.D. #26211
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
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BY THE COURT.
MORRIS CARNI:S.
Plaintiff
IN '1'111' COURT OF COMMON PI.I,AS OF
('l1:-'lIlERI.AND ('OUNTY. PI'NNSYI.V/\NI^
\'S.
'IK-6664 (,(VII.
V ALENTI MID-ATLANTIC
MANAGEMENT. 1..1..l'. I/d/"/a
WENDY'S RESTAURANT.
Dcfcndant
CIVIL A('TION -LA\\'
JURY TRIAl. DEMANDED
IN RE: PI.AINTIFF'S MOTION TO (,OM PEl.
ORDER
AND NOW. this z.. o. day of No\'cm"cr. 2000. a hricfargumcnt on thc Plaintiffs
Motion to Compel is sct li,r Wcdncsday. January 10.2001. at J:30 p.m. in Courtroom Numhcr 4.
Cumberland County Courthousc. Carlislc.PA.
John C. Swartz, Jr., Esquire
For the Defendant
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Joseph M. Melillo. Esquirc
For the Plaintiff
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7, IlInhcr. I'lainlilfrcllnv"led an oppO'"11lil) 10 in'pcll Ihc ,ollcrhnlkch Ihal Iran..port
grcase acrll" Ihc ":,,king lot and tll lake a phlllogr;,ph or i1. Ildcndam 1,,1' nol re'pondcd to Ihis
rCII"est. eithcr, .\i'l' d:"v'd ,\la) .1. ~1I1111. I \llIhil (i
H, 1'laimitfh;I' re'p"nded III all orIJelcndar,,', IHittCII di'v'olcry re'l"c,ts.pcrmittcd his
dcposition. and permittcd:m indcpcndcnllllv'dil:1I c\alllination.
II. I'laimifr cannot colllpktc his di",,',cr) IInlil Ihc IJelcndanl has llllllplicd lIilh Ihe
rilles orci,il proledllre and provided lOlllpkte and h,lI an'"e" 10 all olllslanding disl",ery reqllests.
WIIEREFORE. I'laintifrrellllests Ihe li,lIo11 ing relier:
a. (hal Ddcndam 1\llIy and wmpleldy ansller I'laintirrs MardI 10. 1'I'Il)
interrogatories anJ requests fiJr production of UtH':UIllCl1ls:
h, (hat Iklcndant h,lIy and colllpkldy answer 1'1:,;mil1"s sllppklllenlal
imerrogatories and re'luesls fl>r produllion or doeurnems dated May ~. ~OOO:
e. (hal I'lainlirr he permilled 10 inspect Defendant's premises and the
roller/bucket Ihattmnsporls grease from Ihe parking lot and to photogmph it: and
d. thai Defendant idemil)' and makv' availahle as a witness the general managcr
in charge or the Ddendant's prernises on the date or I'lainlitrs accident. and the dislrict manager in
whose district the Ddendanl's prernises IVas located.
Respectfully suhmitted.
ANGINa & ROVNER. P.C.
ern. ~
Dale: Novemher 14. ~OOO
se 1 M. Melillo. Esquire
llorney J.D. No. 26211
4503 North Front Street
Harrishurg, I' A 17110
(717) 238-6791
Attorney 1'01' Plaintirr
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MORRIS CARNES,
IN THE COURT OF COMMON PLEAS
CUMBERUL~D COUNTY, PENNA.
Plaintiff
v. NO. 98-6664 -CIVIL
WENDY'S OLD FASHION HAMBURGERS
OF NEW YORK, INC. and VALENTI
MID-ATLANTIC MANAGEMENT, L.L.C.,:
t/d/b/a WENDY'S RESTAURANT, CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S INTERROGATORIES DIRECTED
TO DEFENDANT - SECOND SET
TO: Valenti Mid-Atlantic Management, L.L.C.
c/o John C. Swartz, Jr., Esquire
Law Offices of Wesley R. Payne
Hillside Corporate Center
5001 Louise Drive, 2nd Floor
Mechanicsburg, PA 17055
Plaintiff, through his attorneys, hereby propounds the
following Interrogatories to Defendant pursuant to Pennsylvania
Rule of civil Procedure 4006.
Defendant is hereby required to
serve upon the undersigned a copy of their answers and objections,
if any, in writing and under oath to the following Interrogatories
<';'
within thirty (30) days of service thereof.
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ANGINO & ROVNER, P.C.
'l<l<. A <)7'1 077d
Jos7>. hi . Melillo, Esquire
Attorney I.D. No. 26211
450j North Front Street
Harrisburg, PA 17110
(717) 238-6791
Date:
March 10, 1999
1
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146B12/RT
INSTRUCTIONS AND DEFINITIONS
These Interrogatories shall be deemed to be continuing
Interrogatories.
If, between the time of your answer to said
Interrogatories and the time of the trial of this case, you or
anyone acting on your behalf, learn of any further information not
contained in your answers, you shall promptly furnish the
additional information to Plaintiffs' attorney by supplemental
answer.
The following instructions and definitions form an integral
part of these Interrogatories and the Interrogatories are to be
read in accordance with these instructions and definitions.
For the purpose of these Interrogatories, "YOU" o~ "vour"
refers to the Defendants and their files and all other persons.
aqents or representatives of the Defendant and their files. "You"
shall further include all persons on whose behalf defendants
prosecuted this action and all persons who will benefit 01' be
legally bound by the results of this action. Your answer to the
Interrogatories shall reflect and contain the knowledge of all of
the above persons.
Reference to Plaintiff and/or Defendant shall be interpreted
as singular or plural, depending on the particular circumstances of
each case.
The term "description" or "describe" as used herein shall mean
that the defendants shall set forth the name and address of the
author or originator, dates, title or subject matter, the present
custodians of the original and of any copies and the last known
address of each custodian.
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INTERROGATORIES
1. ~'or the person answering these Interrogatories, please
state your full name, age, addrcss, social security ntlnlbor, extent
of formal education, occupation, name of your employer, and
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employer's address, as well as the nature of your employment.
ANSWER:
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4. Have you or anyone acting on your behalf conducted any
investigations of the incident which is the subject matter of the
Complaint? If so, identify:
a. each person and the employer of each person who
conducted any investigation;
b. the dates of investigation; and
c. all notes, reports, or other documentation prepared
during or as a result of the investigations, and
the identity of the person who has possession
thereof.
ANSWER:
"
6. Was an investigation of this incident ever conducted by
the Risk Manager or Risk Management Dep.1rtment or equivalent
department? If so, pleaG" Glale the name of the pel'son mORt
knowledgeable with regard to said investigation.
ANSWER:
8. List the nllmco, addreDHCfJ, and telephone f1lunberfJ oC each
fact witness you intend to call at tt-ial alld h!"i,,'fly flUllIllIari7.e
their i1nticipated tefltifllOllY.
ANSWER:
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14, 1'01' the period two years prior to Plaint it f' II accident to
the present, please identify the name, current address, and
telephone number (if known) of each and every person known by you
to have been injured by tripping, slipping, or [cllling in the
parking area involved in the instant action and indicate the date
of the accident and the exact nature and location for the accident,
ANSWER:
16. Was any inspection of the parking area mane prior to the
accident to deternrine whether the area where Plaintiff was injured
was in a safe condition for use by invitees? If so state:
a. the frequency of such inspection;
b. the date and time of the last inspection prior to
the accident;
c.
the name, address, and job title of
made each inspection and date
inspection;
the person who
of the last
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d. a description of or the substance of the findings
that were made on the last inspection; and
e. whether any instructions were given as a result of
the last inspection to remove, clean, or alter
anything in the area of the accident and, if so, a
description of the instructions, and the name of
each person to whom such instructions wern given.
ANSWER:
17. Was any inspect ion made of the ncone of the accident on
the date of the accident? If no, state:
a. the time it wan made;
b. the name and address of each person who made the
inspection;
c. what findings were made; and
d. any changes made to the stairs and / or non skid
strips on the stairs after the accident.
ANSWER:
19. Was any warning given to Plaintiff or any other person
concerning any danger in the parking area where the accident
occurred? If 90, for each warning, state:
a. a description of, or the substance of the warning
that was given;
b. the name (or other means of identification) and
address of each person who implemented the warning;
c. the form in which it was given; and
d. the reason it was given.
ANSWER:
22. Are you or anyone acting on your behalf in possession of
or know of the existence of any photographs, blueprints, sketches,
drawings, diagrams, or plans of the instrumentalities, locality,
equipment, tools, or any other thing or matter involved in the
incident in suit? If so, state:
a.
the nature of
address (es) of
document, and the
the document, the name(s)
the person(s) preparing
date of its preparation;
and
such
b. the name(s) and address (es) of the person(s)
presently having possession or custody of each such
document;
c. the specific subject matter of the document;
d. the date it was made or taken; and
e. what the document purports to show, illustrate or
represent.
ANSWER:
23. State whether there wall an accident report made regarding
the subject incident, and it no, the place where such report was
filed.
ANSWER:
24. If your attorney has completed an investigation, please
provide the name, address, and telephone number of all witnesses
identified in the investigation.
ANSWER:
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25. Ident ify all exhibi to which you expect to of fer into
evidence at the time of trial of this case.
ANSWER:
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MORRIS CARNES,
IN TilE COURT OF COf1MON PLEAS
CUMBERLAND COUNTY, PENNA.
Plaintiff
v. NO. 98-6664-CIVIL
WENDY'S OLD FASHION HAMBURGERS
OF NEW YORK, INC. and VALENTI
MID-ATLANTIC MANAGEMENT, L.L.C.,:
t/d/b/a WENDY'S RESTAURANT, CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO DEFENDANTS - FIRST SET
TO: Valenti Mid-Atlantic Management, L.L.C.
c/o John C. Swartz, Jr., Esquire
Law Offices of Wesley R. Payne
Hillside Corporate Center
5001 Louise Drive, 2nd Floor
Mechanicsburg, PA 17055
PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and
4009 and/or F.R.C.P. No. 34, please furnish at our expense, at our
office, on or before thirty (30) days of service hereof, a
photostatic copy or like reproduction of the materials concerning
this action or its subject matter which are in your possession,
custody or control and which are not protected by the
attorney/client privilege; or, in the alternative, produce the said
matter at said time to permit inspection and copying thereof.
1. Any and all documents referred to, relating to, or
pertaining to any answer to any Interrogatory.
2. Any and all documents containing information relating to
any answer to any Interrogatory.
146B13/RT
3. Any and all statements concerning this act ion or its
subject matter obtained by YOII or ,lnyone acting on your behalf.
4. Any and all investigation reports, except those protected
from discovery, prepared by you or by anyone on your behalf in
regard to the evaluation and litigation of the instant action.
5. Any and all curriculum vitae for each and every person
whom you expect to call as an expert witness at trial.
6. Any and all expert reports from each person whom you
expect to call as an expert witness at trial.
7. Any and all writings, memoranda, reports, statements and
records, etc., which you, your company and/or client possess
concerning the case, investigation or review of the plaintiff and
his case.
8. Copies of all statements, memoranda, summaries of other
writings, documents, diagrams and pictures obtained from your
investigation, your insurance company's investigation or your
attorney's investigation into the incident involved. You need not
supply any attorney's "work product" or other material which is
specifically accepted as a privileged by the above rule.
9. All documents in your possession, custody or control
prepared in anticipation of litigation or trial of this case,
except those documents which disclose the mental impressions of
your attorney or your attorney's conclusions, opinions, memoranda,
notes or summaries, legal research or legal theories, and except
those documents prepared in anticipation of litigation by your
representatives to the extent that they would disclose the
reprefientatives' mental impression, conclusions, or opinions
respecting the value Ot" m..rit of the claim or defense.
10. To the extent that you have not already provided the same
in response to previous requests herein, all statements obtained
from any witnesses or memoranda of conversations with witnesses or
recordings of witnesses' statements made or obtained during the
course of the investigation or matters relating to this law suit,
and all such statements, memoranda, or records made by parties to
this law suit or their representatives.
11. To the extent not already provided in response to
previous requests herein, all statements made by any party to this
action, including written statements, signed or otherwise adopted
or approved by the person making it, or stenographic, mechanical,
electrical or other recording or transcription thereof, which is a
substantially verbatim recital of an oral statement and
contemporaneously recorded, as allowed by Pa.R.C.P. 4003.5 and/or
F.R.C.P. No. 34.
12. To the extent that you have not already provided the
same, copies of all records, documents and memoranda which have any
bearing upon the matters alleged against the requesting party or
upon the responsibility of the requesting party for the matters
alleged against the requesting party.
13. To the extent not already provided, copies of all
experts' reports made or secured by you in connection with your
investigation of the matters relating to this law suit.
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2. Idcntify llllY lUlll all allcgations of slip or trip accidcnts in the subjcct Wendy's
parking lot that occurrcd any timc during the years 1995. 1996. and 1997, inclusiw.
ANSWER:
2
('Jo:IUIF/C'ATE OF SElWICE
ANI> NOW. this 3'J day of May. 2000,1, Robbic Tcjchman, an employcc Oflhc law timl of
Angino & Rovncr. I'.C.. hercby certify thaI a lrue ,lIId corrcct copy of thc foregoing Interrogatories
(Sccond Sct) W:L~ scnlto thc ti1llowing counsel of rceord by placing a copy of samc inthc first class.
Uniled Slales mail. poslagc prepaid. at Harrisburg, Pcnnsylvania, addrcssed as follows:
John C. Swartz, Esquire
Law Offiecs ofWcsley R. Payne
IIil/sidc Corporate Ccnter
500) Louise Drive, 2nd Floor
Mechaniesburg, P A 17055
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Robbie Tejchinan
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MORRIS CARNES.
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
Plainliff
v.
: NO. 98-6664 CIVIL
VALENT! MID.ATLANTIC
MANAGEMENT. L.L.c.. Ud/b/a
WENDY'S RESTAURANT,
Defendant
: CIVIL ACTION - LA W
: JURY TRIAL DEMANDED
PLAINTIFF'S REQUESTS FOR PRODUCTION
OF DOCUMENTS mRECTEI>TO DEFENDANT-SECOND SET
TO: Valenti Mid-Atlantic Managemcnt, L.L.C.
c/o John C. Swartz. Jr., Esquire
Law Offices of Wesley R. Paync
5001 Louise Drive. 2nd Floor
Mechanicsburg, P A 17055
PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and 4009 and/or F.R.C.P.
No. 34, please furnish at our expense, at our office. on or before thirty (30) days of service hereof, a
photostatic copy or like reproduction of the materials concerning this action or its subject matter
which are in your possession, custody or control and which are not protected by the attorney/client
privilege; or, in the alternative, produce the said mattcr at said time to permit inspection and copying
thereof.
I. Please produce any documcnts identified in any answers to interrogatories.
ANGINO & ROVNER. P.C.
~ 921ddt
ph . Melillo, Esquire
orney I.D. #26211
4503 North Front Street
Harrisburg, I' A 17110
(717) 238-6791
Attorney for Plaintiff
Date: May 2, 2000
212794.I\JMMIRT
I
CERTIFICATE OF SEnVICE
AND NOW. this J,J day of May, 2000, I, Robbie Tejchman, an cmploycc ofthc law firm of
Angino & Rovncr, I'.C.. hcrchy ccrtify that a truc und correct copy of thc forcgoing Rcquests for
Production of Documcnts (Sccond Sct) wus scnt to the !ollowing counscl of rccord by placing a
copy of same in the first c/(L~S, United States mail. postagc prcpaid, at Harrisburg. Pcnnsylvania,
addrcsscd as follows:
John C. Swurtz, Esquirc
Law Offices ofWeslcy R. Paync
Hillside Corporatc Center
5001 Louisc Drive, 2nd Floor
Mechanicsburg. P A 17055
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f1Cf-.llt '#lr1!IJ:/lJI,
Robbie TejcWnan
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n:Jt:RY 5 HYMAN'
DA VIO L urn
t.fIOCAFJ.. P. KOSIK
PAMELA 0 SfIl!MAN'
IJCHARD A. SAOUX'K
John C. Swartz, Jr., Esquire
Law Officcs of Wesley R. Payne
Hillside Corporate Center
5001 Louise Drive, Second Floor
Mechanicsburg, PA 17055
Angino
D Rovner
USIUJIN
TIlE BEST LAII)'ERS
-'-,-p'~I~ -"--'
A.IIERlCA
1c1l'IlMU)(' ASUI!'OU
NUt' NOVSIM
Febnmry 22, 2000
Re: Morris Carnes v. Va/emi Mie/-AI/antic IId/b/a Wene/y's
Dear Mr. Swartz:
()AVIf) 5 WISNUKI
NIlOIl! C OUON
MICIfAH' H~VrnKY
IOSFJ'l1 M I)()RJA
UUA."ffi 5 B~kRfCk
'AMP.5I>tC'lhil
I would like to proceed with depositions on this case, and in particular want to depose the
manager on duty at the store at the time of the accident, any witnesses you can identify, and a
corporate representative. I note that I served interrogatories upon you some time ago. The
responses are overdue and I ask that they be sent without further delay.
I think we can get this casc resolved or tried during the second half of this year and want
to work towards that.
JMM/rt
Very truly yours,
~. Q]?.ddi
4503 NORTH FRONT STREET. HARRISBURG, PA 17110-1708
(717) 238.6791
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John C. Swart7, Jr., Esquire
Law Offices of Wesley R. Payne
Hillside Corporate Center
500 I Louse Orh'e, Second Floor
Mechaniesburg, PA 17055
Re: Carnes v. Valenti
Dear John:
Enclosed find updated medical records and our medical bill summary 10 date. My understanding is that Mr.
Carnes' physician, Dr. Peppel man, recommended that he have some of the instrumentation involving the back fusion
removed, bul Mr. Carnes decided at the last moment not to risk additional surgery, for now. This is a relatively minor
procedure bUI would add some medical costs, if undertaken, to those already listed,
I have wriuen to Dr. Peppelman for a fonnal rcport and will submit it to yon onee reeeived.
You have not answered my second set ofinterrogalories, Please do so immediately. Ifwe cannot settle this case,
1 would like to take the deposition of the districl manager lor Ihe region in which the subject Wendy's is located as well as
the chief manager of the Wendy's store at the time of the aecidenl. If there are different individuals in those positions
now, you and I should discuss who the best witnesses might be.
After reeeiving Dr. Peppelman's rcport, f will submit a statement of demand and invite mediation if you believe
that would assist in resolving the ease. I do like to resolve settlcable cases before we expend maximum expenses,
whenever possible.
Thank you.
V cry truly yours,
~ 'trI. 7!JiJU/;t{
Joseph M. Melillo
JMM/rt
enclosures
cc: Mr. Morris Carnes
DICTATED BUT NOT READ
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linn or Angino & RO\l1cr. 1',(,.. do hcrehy wrtil~ Ihal 1 ser\cd the h~rcill ~Iotionlo ('ompel hy
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Pcnnsylvania addrcssed to:
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John Schwartz. Esquirc
Law Oflkcs ol'Wcslcy R. Payne
Ilillsidc ('orporatc Centcr
5001 Louisc Drivc. 2nd Floor
Mcchallicshurg.P/\ 171155
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MORRIS CARNES,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
v.
No. 98-6664
WENDY'S OLD FASHION HAMBURGERS
OF NEW YORK, INC.,
CIVIL ACTION - LAW
Defend.lnt.
ENTRY OF APPEARANCE
To the Prothonotary:
Kindly enter my appearance on behalf of the Defendant, Wendy's Old Fashion
Hamburgers of New York, Inc.
Respectfully submitted,
LAW OFFICES OF
7
cihn C. Swartz, Jr., Esqui e
I.D. NO. 62012
Hillside Corporate Center
5001 Louise Drive, Second Floor
Mechanicsburg, PA 17055
Attorney for Defendant
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MORRIS CARNES,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYlVANIA
Plaintiff,
v.
No, 911-6664
WENDY'S OlD FASHION HAMBURGERS
OF NEW YORK, INC.,
CIVIL ACTION -LAW
Defendant.
NOTICE TO PLEAD
To: Morris Carnes
do Joseph M. Mali/lo, Esquire
4503 North Front Street
Harrisburg, PA 17110
You are hereby notified to file a written response to the enclosed Defendanls' Answer with
New Maller within 20 days of service hereof or a judgment may be entered against you.
Respectfully submitted,
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LAW OFFICES OF WESLEY R"PAYNE
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John C. Swartz, Jr., Esquire
Hillside Corporate Center
5001 Louise Drive, Second Floor
Mechanicsburg, PA 17055.6912
(717) 691-2063
Counsel for Defendanls
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MORRIS CARNES,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 98-6664
WENDY'S OLD FASHION HAMBURGERS
OF NEW YORK, INC.,
CIVIL ACTION - LAW
Defendanl.
DEFENDANT'S ANSWER WITH NEW MATTER
AND NOW COMES Defendant, Wendy's Old Fashion Hamburgers of New
York, Inc., by and through their attorney, John C. Swartz, Jr., Esquire of the Law Offices of
Wesley R. Payne, and files this Answer with New Matter to Plaintiff's Complaint by averring
as follows:
1. Admitted based upon information and belief.
2. Admitted in part and denied in part. It is admitted that Wendy's Old
Fashion Hamburgers of New York, Inc. is an Ohio corporation. However, it is denied that
Wendy's Old Fashion Hamburgers of New York is the owner of the subject property and
operator of the Wendy's located at Windsor Park Shopping Center, and therefore, specific
3. Denied. After reasonable investigation, answering Defendant is without
proof thereof is demanded at trial.
knowledge or information sufficient to form a bel ief as to the truth of the allegations set forth
in paragraph 3, and therefore, denies same and demands strict proof thereof at trial.
4. Denied. After reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in paragraph 4, and therefore, denies same and demands strict proof thereof at trial.
5. Denied. Afterrc,ls0I1.Ible investigdtion, .lnswcring Defend,lnt iswithout
knowledge or information suffiril'nt to form ,1 belief .IS 10 the truth of the ,1l1egations set forth
in paragraph 5, .md therefore, denies s.mle ,md dem.mds strict proof thefl'of at trial.
6. Denied. After rc.lsonable investigdtion, answering Defendant is without
knowledge or information sufficient to form a belief as to the trulh of the allegations set forth
in paragraph 6, and therefore, denies same and demands strict proof thereof at trial.
7.(.1) through (d). Denied. The averments of paragraph 7(.1) through (d),
inclusive, slate conclusions of law 10 which no responsive pleadings are necessary. By way
of further response, it is specifically denied that Defendant failed to maintain its parking 101
in a safe condition; failed to take reasonable steps to reduce a hazard posed by grease in
Ihe parking lot; improperly designated, as patron parking, an area subject to grease staining
because of ils location; and failed to post warning signs of the hazard involved, and
therefore, specific proof thereof is demanded at trial.
8. Denied. The averments of paragraph 8 state conclusions of law to
which no responsive pleadings are necessary.
9. Denied. Afler reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in paragraph 9, and therefore, denies same and demands strict proof thereof at trial.
10. Denied. After reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in paragraph 10, and therefore, denies same and demands strict proof thereof at trial.
2
11. Denied. After re,lson.lhle investig,tlion, .\lIswering Defendant is without
knowledge or information sufficient to form.1 helief as to the truth of the .111egations set forth
in paragraph 11, .\lId therefore, denies same and dem,mds strict proof thereof at trial.
12. Denied. After reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in paragraph 12, and therefore, denies same .1llll demands strict proof thereof at trial.
WHEREFORE, Defendant demands judgment be entered in their favor and
against the Plaintiff, plus costs and other such relief this Court deems just and appropriate.
NEW MATTER
13. The averments of paragraphs 1 through 12 of Defendant's Answer are
incorporated herein by reference as if set forth more fully and at length.
14. Plaintiff fails to set forth a cause of action for which relief can be
granted.
15. Plaintiff's claims are barred in whole or in part by the applicable Statute
of Limitations.
16. Plaintiff's claims are barred in whole or in part, restricted or diminished
by the application of the doctrine of contributory negligence as may be applied to the facts
disclosed in discovery.
17. Plaintiff's claims are barred in whole or in part, restricted or diminished
by the Pennsylvania Comparative Negligence Statute as may be applied to the facts
disclosed in discovery.
3
18. Pldinli(('~ c1,lim~ drl' IJ,lrrl'd in whole or in part, re~lricted or diminished
by application of thl' doctrine of ,I~surllplion of tl1l' risk as n1.lY be .lpplied to Ihe facls
disclosed in discovl'ry.
19, Pldintiff W,lS COllltihutorily negligent.
20. Pldintiff Wd~ comp<lr.ltively negligent.
21. Plaintiff assllmed Ihe risk of his injuries.
22. PI.lintiff's causes of dction alleged and any damages claimed by Plaintiff
are the responsibility of individuals and/or entities over whom Defendant had no control nor
righl to control.
23. Any injuries or damages sustained by Plaintiff were not proximately
caused by any conduct of Ihe Defendant.
24. Plainti((,s claims may be barred in whole or in part, restricted or
diminished by the doctrine of accord and satisfaction.
25. Plaintiff's claims may be barred in whole or in part, restricted or
diminished by the doctrine of arbitration and award.
26. Plaintiff's claims may be barred in whole or in part, restricted or
diminished by the doctrine of discharge in bankruptcy.
27. Plaintiff's claims may be barred in whole or in part by the doctrines of
estoppel and/or immunity from suit, and/or laches and/or res judicata.
28. Plaintiff's claims may be barred in whole or in part by the defense of
release.
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VERIFICATION
Defendant herein, tllolt 11(' h.ls ex.Hllined the pll..HlinJ:s .m!! 111(' l'nti/!' invpslill,llion fi/e made
The undl'rsigned st.1tes th.1I John C. SW.lrll, Jr., Esquire is counsel for the
on behalf of the Defend.mt, Ihdl he h,1S 1.lken Ihi, Vl'rifK.1Iion lu ensure complidnce with
the pertinent rules prevdiling .11 the til11e of filing of ple.1dings dnd other documents
prescribed by said rules and that the facts set forth are true and correcl to Ihe besl of his
knowledge, information and belief. The undersigned understands Ihatlhe stalements made
therein are made subject to the penallies of 18 Pol. C.S. ~4904, relating to unsworn
falsification to authorities.
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JoWn C. Swarlz, Jr., Esquire ~.
CERTlFICA TE or SERVICE
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I, John C. SW,lItl, Jr., [squire, hl'rehy ('Prlify Ih,11 I h,lVe Ihis l ddY of
J,lIlU<lrY, 1999, c,lllsed to be served vi,] fisl dtll LJniled SIdles M'lil, posl,tge prep,lid, dlrue
alld correct copy of the foregoing pleading upon the following:
Joseph M. Mdlillo, Esquire
4503 North Fronl Street
Harrisburg, PA 17110
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MORRIS CARNE.';,
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
I' 1.1l11l j I I
v.
CIVIL ACTION
LAW
WENDY'S OW fo'^,;1l I ON 1IA1~IHlHI nms
OF NEW YrlliK, INC..
NO. 'Jil - (; (, (, '1
Dt~f(~nd'lJlt
JURY TRIAL DEMANDED
REPLY TO NEW I-IATTER
13. No r(~sponse requ ired,
14. - 28., inclusive. Defendant states conclusions of law to
which no response is L'cquired.
29. Denied that Plaintiff had any legal responsibility to
provide Defendant with notice of any alleged, unsafe and/or
defective condition.
WHEREFORE, Plaintiff demands judgment against Defendant.
Respectfully submitted,
ANGINO & ROVNER, P.C.
. ba.r?[ (.//1 ') /!,. {/.."l
Jo~eph M. Melillo, Esquire
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Attorney 1.0. #26211
~503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Date: February 8, 1999
14513 9/RT
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MORR 1,<; CARNES,
Plaintiff
IN THE COllRT OF COr1MON PLEAS
CUr1BERLANlJ COUNTY, PENNA.
'J, NO, 98-GGG.I-CIVIL
WENDY'S OLD FASHION IIArolBURGER.';
OF NEW YORK, INC. and VALENTI
MID-ATl,ANTIC MMJAGEMENT, I"L,C.,:
t/d/b/a WENDY'S RES'I'AURANT, CIVIL ACTION _ LAW
JURY TRIAL DE~\NDED
Defendant
oY1~~PLAINT
Lancaster County, Pennsylvania.
1. The Plaintiff Morris L. Carnes is an adult resident of
2. The Defendant, Valenti Mid-Atlantic Management, L.L.C.,
is a Pennsylvania Corporation with its principal office located at
3540 North Progress Avenue, Harrisburg, Pennsylvania, which at all
relevant times owned, and/or possessed and controlled a Wendy's
Restaurant located at the Windsor Park Shopping Plaza in
Mechanicsburg, Cumberland County, Pennsylvania.
3. On or about April 23, 1998, Mr. Carnes arrived with his
daughter at the Wendy's at the Windsor Park Shopping Center, on
Simpson
Ferry Road
in Mechanicsburg,
Cumberland County,
Pennsylvania.
4. Wendy's was busy and he had some diffiCUlty in finding a
place to park. However, Mr. Carnes finally located a designated
parking space behind the back door of the Wendy's.
5. He and his daughter exited a van, went into the Wendy's
to eat lunch, and returned to the vehicle about 15 _ 20 minutes
later.
6. Mr. Carnes opened the door for his daughter on the
passenger side of the van, walked around the front of the van, and
slipped and fell on a patch of oil, grease or similar material on
the parking lot surface.
7. All of Plaintiff'[; inju!'i"[:, a[; dc[;cribed below, are the
direct and proximate result of tlw negligenc(' of the Defendant
Valenti in that it:
a. maintained ita pat-king lot in an urwafe condition;
b. failed to take reaGonable GtepG to reduce the hazard
posed by grease in the parking lot;
c, improperly designated, as patron parking, an area
subject to grease staining because of its location; and
d. failed to post any warnings of the hazard involved.
8. As a result of the Defendant's negligence, Plaintiff
Morris Carnes sustained injury to his back, and a claim is made
therefore.
9. As a result of the aforementioned injuries, Morris Carnes
was forced to incur medical expenses in an effort to restore
himself to health, and because of the nature of his injuries,
Morris Carnes will be forced to incur similar expenses in the
future, and a claim is made therefor to the extent permitted by
law.
10. As a result of the aforementioned injuries, plaintiff has
in the past and may in the future sustain a loss of earnings and a
diminution of earning capacity, and a claim is made therefor.
11. As a result of the aforementioned injuries, plaintiff has
undergone and in the future will undergo great physical and mental
pain and suffering, great inconvenience in carrying out his daily
activities, loss of life's pleasures and enjoyment, and a claim is
made therefor.
2
MORRIS CARNES,
IN THE COURT OF COMMON PLEAS
C'[ 1MB El< I .AND COUNTY, PENNA.
1'J.lintitf
v.
NO. 98-6664-CIVIL
WENDY'S OLD FASHION HAMBURGERS
OF NEW YORK, INC.,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
STY PULATION
Counsel for the Plaintiff, Morris Carnes, and counsel for both
Wendy's Old Fashion Hamburgers of New York, Inc. and Valenti Mid-
Atlantic Management, L.L.C. t/d/b/a Wendy's Restaurant, hereby
stipulate that the attached Amended Complaint be filed, that the
Defendant Wendy's Old Fashion Hamburgers of New York, Inc. be
discontinued as a party, and that the caption of the case
thereafter read as follows: Morris Carnes v. Valenti Mid-Atlantic
Management, L.L.C., t/d/b/a Wendy's Restaurant.
LAW OFFICE OF WESLEY R. PAYNE
ANGINO & ROVNER, P.C.
\
Jo C. Swartz, Jr.,
\
Attorney 1.0. No.
5001 Louise Drive,
Mechanicsburg, PA
(717) 691-2063
Counsel for Defendants
Wendy's Old Fashion Hamburgers
of New York, Inc. and Valenti
Mid-Atlantic Management. L.L.C.
Q:7Z
Melillo, Esquire
Ati r y 1.0. No. 26211
45' 3 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
Morris Carnes
DATED:
146931/RT
"AR 1 5 I.:lJ;)
MORRIS CARNES,
IN TilE COUIlT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
PlainLiff
v. NO. 98-6GG~-CIVIL
WENDY'S OLD FASHION HAMBURGERS
OF NEW YORK, INC. and VALENTI
MID-ATLANTIC MANAGEMENT, L.L.C.,:
t/d/b/a WENDY'S RESTAURANT, CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
PRAECIPE TO DISCONTINUE
,
,
TO THE PROTHONOTARY:
Please mark the above-referenced matter Discontinued as to
Defendant Wendy's Old Fashion Hamburgers of New York, Inc.
ANGINO & ROVNER, P.C.
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J91 p, M. Melillo, Esquire
A~to, ey I,D. No. 26211
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
DATED:
March 10, 1999
146809/RT
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MORRIS CARNES,
P/,lil1li((,
IN HIE COURT or COMMON PLEAS
OF CUMBERLAND COUNTY.
I'Ero,jNSYL VAN IA
v.
No. 'J1l'(,(,(,4
VALENTI MID-ATlANIIC MANAGEMENT,
l.l.c., IId/b/d WENDY'S RESTAURANT,
De(el1d,lIll.
NOTICE TO PLEAD
To: Morris Carnes
do Joseph M. Malillo, Esquire
4503 North Front SIreI'I
Harrisburg, PA 17110
You are hereby notified to fill' a written response to the enclosed Defendants' Answer with
New Matter within 20 days of service hereof or a judgment may be entered against you.
Respect(ully submitted,
LAW OFFICES OF WESLEY R. PAYNE
loh C. Swartz, Jr., Esquire
Hillside Corporate Center
5001 Louise Drive, Second Floor
Mechanicsburg, PA 17055-6912
(717) 691-2063
Counsel for Defendants
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PI.Iintiff,
IN Iltl COURT or COMMON PLEAS
or CUMBERLAND COUNTY,
I'INNSYl.VANIA
MORRIS CARNES,
v.
No, (111.('(,(,4
VALENTI MID-ATlANTIC MANAGEMENT,
L.L.c., tld/b/a WENDY'S RESTAURANT,
Defcnd,lIlt.
DEFENDANT'S ANSWER WITH NEW MATTER
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AND NOW COMES Dcfcndant, Valcnti Mid-Atlantic Managcmcnt, l.L.c.,
4. Denied. After reasonable investigation, answering Defendant is without
tJdlbla Wendy's Restaurant, by and through thcir attorncy, John C. Swartz, Jr., Esquire of the
Law Offices of Wesley R. Paync, ,1nd filcs this Answcr with New Mattcr to Plaintiff's
Complaint by averring as follows:
1. Admitted based upon information and belief.
2. Admitted in part and denied in part. It is admitted that Wendy's Old
Fashion Hamburgers of New York, Ine. is an Ohio corporation. However, it is denied that
Wendy's Old Fashion Hamburgers of New York is the owner of the subject property and
operator of the Wendy's located at Windsor Park Shopping Center, and therefore, specific
proof thereof is demanded at trial.
3. Denied. After reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in paragraph 3, and therefore, denies same and demands strict proof thereof at trial.
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in paragraph 4, and therefore, denies same and demands strict proof thereof at trial.
I.
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5. Denied. Aftl'r rl'dSOlhlhll' invl'stig.ltion, .lIlswering Dd('nd.lIl1 iswithollt
knowledge or inforlll.lIion sllfficil'nlto f0Il11.1Iwlil'f .15 to till' truth of the dlleg.lIioflS set forlh
in p..rdgr.lph 5, ..lid Ih"r"fore, (It'nies s"lIle .lI1d d('II1.lI1ds strict proof Ihereof .11 tri.11.
(,. Denied. After redsondhle investig.1tion, dllSwering Defendant is without
knowledge or information sufficient to form.1 helief .1S 10 the truth of Ihe allegations set forth
in paragraph 6, and therefore, denies same and dell1.mds slrict proof thereof at trial.
7.(.1) Ihrough (d). Denied. The averments of p<!ragraph 7(.1) Ihrough ((I),
inclusive, state conclusions of law to which no responsive pleadings are necessary. By way
of further response, il is specifically denied that Defendant failed to maintain its parking lot
in a safe condition; failed to take reasonable steps to reduce a hazard posed by grease in
the parking lot; improperly designated, as patron parking, an area subject to grease staining
because of its location; and failed to post warning signs of the hazard involved, and
therefore, specific proof thereof is demanded .11 trial.
8. Denied. The averments of paragraph 8 state conclusions of law to
which no responsive pleadings are necessary.
9. Denied. After reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in paragraph 9, and therefore, denies same and demands strict proof thereof at trial.
10. Den ied. After reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in paragraph 10, and therefore, den iI'S same and demands strict proof thereof at trial.
2
11, Dl'ni,.d, MII'r Il'."on.lhll' invl',liJ.\.,lion. .ulw>'l'rinJ.\ Dl'fl'nd.\I11 i"vilhoul
knowledJ.\e or inforlll.ltion ,,,ffjril'nl to form .1 hl'lil'f .IS 10 Ihl' Iruth of 11ll' .,III'J.\.ltion, ,,'1 forlh
in 1J.1r,lgr.lph 11, ,1Ill! IIll'H'fllH', (Il'nil's S.II111' .md dl'lI1o\l1d, strict proof tlll'rl'of .It tri.ll.
12. Denil'd, AflN rl'.lSonahle investig.;tion. .1I1swering Defend.\I1t iswilhout
knowledge or infoll1loltion sufficient to form.l belief .15 to the truth of Ihe ,ll1eg.,tions sel forth
in paragr.lph .12, al1d thereforl', dl'nil's 5,11111' and dem,lIld, strict proof thereof at trial.
WHEREFORE, Defend.lIll demands judgment be enlered in their favor and
against the Plaintiff, plus costs .lnd other such relief this Court deems just and appropriate.
NEW MATTER
13. The averments of paragraphs 1 through 12 of Defendant's Answer are
incorporated herein by reference as if set forth more fully and at length.
14. Plaintiff fails to set forth a cause of action for which relief can be
granted.
15. Plaintiff's claims are barred in whole or in part by the applicable Statute
of Limitations.
16. Plaintiff's claims are barred in whole or in part, restricled or diminished
by the application of the doctrine of contributory negligence as may be applied to the facts
disclosed in discovery.
17, Plaintiff's claims are barred in whole or in part, restricted or diminished
by the Pennsylvania Comparative Negligence Statute as may be applied to the facts
disclosed in discovery.
3
1/1. 1'1,lintiff's ( 1,lin" ,1I1.I),I[,,'d III wholl' or in p,III, rl'slril Il'd or diminishl'd
hy ,.pplic.llion of 11ll' dOllrinl' of .1""llplion of Ihl' risk ." nMY Ill' ,Ipplil'd 10 thl' f.llts
dbdosl'd in dis(,()Vl'ry,
19. 1'1.linliff IV.IS conlrihulorily 1ll'~li~I'nl.
20. 1'1..inli(( IV,IS comp.lr.ltivl'ly nl'~li~l'nl.
21. PI.linliff .Issunll'd Ihl' risk of his injuries.
22. PI.linliff's C.luses of .lCtion .llIeged .1Ild .1IlY d.llllages c1.1iflll'd hy PIJinliff
.lre the responsihility of inl!ivil!II.1ls ,1Ill!/or entities over whom De(encl.1I11 h,l(/ no control nor
right to control.
23. Any injuries or damages suslained hy PI.linti(( were not proximately
caused by any conducl of Ihe Defendanl.
24. Plaintiff's claims may be b.lrred in whole or in part, restricled or
diminished by the doclrine a( accord and satis(.lClian.
25. Plaintiff's claims may he barred in whale or in pari, reslricted or
diminished by the doctrine of arbitration and award.
26. Plaintiff's claims may be barred in whole or in pari, restricted or
diminished by the doctrine o( discharge in bankruptcy.
27. PlaintiWs claims may be barred in whole or in part by the doctrines o(
estoppel and/or immunity (rom suit, and/or laches and/or res judicata.
28. Plainti(f's claims may be barred in whole or in part by the defense of
release.
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MORRIS CARNlS,
Pl,lintifl,
IN 1111.. COURT 01 COMMON PlI.AS
CUMBEI<LAND COl!N IY, PINNA,
v.
No, IJll_()()().J
VALENTI MID-ATLANTIC MANA(jIMIN1.
L.L.c., tld/bI,l WENDY'S REST Al!RAN I.
Defend,lI1l.
: CIVil. ACTlON.LAW
: JURY TRIAL DEMANDED
DEFENDANT'S AMENDED ANSWER WITH NEW MA TIER
TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW COMES Defendant, V,llenti Mid-Atlantic M,lIMgement, L.L.c.,
tld/bIa Wendy's Restaurant, by ,1I1d through their altorney, John C. Sw,lrtl, Jr., Esquire of the
Law Offices of Wesley R. Payne, and files this Answer with New Malter to Plaintiff's
Complaint by averring as follows:
1. Admitted based upon information and belief.
2. Admitted.
3. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth of the allegations
set forth in paragraph 3, and therefore, denies same and demands strict proof thereof at trial.
4. Denied. After reasonable investigation, answering Defendant is
5. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth of the allegations
set forth in paragraph 4, and therefore, denies same and demands strict proof thereof at trial.
without knowledge or information sufficient to form a belief as to the truth of the allegations
set forth in paragraph 5, and therefore, denies same and demands strict proof thereof at trial.
6, Denied, After reasonable investigation, answering Defendant is
without knowledge or informa,ion sufficient to form a belief as to the truth of the allegations
set (orth inll.lr.lw.1ph 6, ,II1d Ihl'rl'(ort', dl'lli," ',IIllI' .11111 11t'1I1.llld, ,Iri.:! proo( tllPrl'o( .lllri.ll.
7,(.1) IhrouJ(h (dl. Dl'I1il~1. I hI' .lvl'rr11l'1I1s o( 11oIrolJ(r.lph 7(01) IhrouJ(h (ei),
inclusive, sl.llp rone lusiol1S o( 1.lw 10 whie h 110 rl"IKIII,ivl' ,,1I-.lIlil1J(' .trI' ne'('I'SsoIry, By w.IY
o( (urther respollsl', it is specific,ll1y dl'l1il~ltlMt D,.(plld.lllt (.Iilpd to 111.lil1l.lil1 ils polrkil1J(lot ill
a safe condilion; (.Ii1ed 10 t.lke reasOlMbl/' sleps 10 Cl~Jun' .1 hollard posed by wedSI' in Ihe
parking lot; improperly de5igl1ated, as 1101trol1 p.uking. .111 .upa subject to grease staining
because o( its IOc.ltion; and (ailed 10 post warning signs o( the hazard involved, and
therefore, specific proof thereo( is demanded .11 trial.
8. Denied. The averments o( paragr,lph 8 stale conclusions o( 'aw 10
which no responsive pleadings arc necessary.
9. Denied. A(ter reasonable investigation, answering De(endant is
without knowledge or information sufficient to (orm a belie( as to the truth of the allegations
set (orth in paragraph 9, and therefore, denies same and demallds strict proof thereof at trial.
10. Denied. After reasonable investigation, answering De(endant is
without knowledge or information sufficient to (orm a belief as to the truth o( the allegations
set forth in paragraph 10, and therefore, denies same and demands strict proof thereof at trial.
11. Denied. After reasonable investigation, answering De(endant is
without knowledge or information sufficient to (orm a belief as to the truth o( the allegations
set forth in paragraph 11, and therefore, denies same and demands strict proof thereof at trial.
12. Denied. After reasonable investigation, answering De(endant is
without knowledge or information sufficient to (orm a belief as to the truth o( the allegations
set (orth in paragraph 12, and therefore, denies same and demands strict proof thereof at trial.
2
WHEREFORE, l)"fl'nd,1I11 d"flI,lIld, )udgnl"lll he "1l1"H~f ill Iheir f.lvor .lIld
oIg.linslth" PloIinliff, plu, co,ls .111(1 olh"r 'UI h relipf Ihis Courl dpeflls ju,1 .lIld .IPPlOpri.lle.
""~\Y.~TTER
1.1. 1111' .lvI'mlenls of "oIrolgrolphs J Ihrough 12 of Opipnd.lI1t's AnsWl'r oIre
incorpor.lled herein hy rpfprence .IS if S"I forth flIore fully .lI1d .It lenglh,
14, PloIinliff f.lils 10 spl iorlh .I CoIuse of .lClion for which relief can be
granted,
of limitations.
15. Plainliff's claims oIre harred in whole or in part by the applicable St.llule
16. Plaintiff's claims are barred in whole or in part, reslricled or diminished
by Ihe application of Ihe doclrine of contribulory negligence .IS may be applied to Ihe facts
disclosed in discovery,
17. Plaintiff's claims are barred in whole or in part, reslricled or diminished
by the Pennsylvania Comparalive Negligence Statute as may be applied 10 the facts disclosed
in discovery.
18. Plaintiff's claims are barred in whole or in part, reslricled or diminished
by application of Ihe doctrine of assumption of Ihe risk as may be applied to the facts
disclosed in discovery.
19. Plaintiff was contributorily negligenl.
20. Plaintiff was comparatively negligenl.
21. Plaintiff assumed the risk of his injuries.
22. Plaintiff's causes of aclion alleged and any damages claimed by Plaintiff
3
,111' 11ll' rl'sponsihility of individu,lls ,md/or I'nlolll" IlVl'r whlllll Dl'fl'nd,lIlt h,lIlno U 1Il1 101 nor
ril\hlto conlrol.
23. Any injuries or d,lIn.\I\I" 'lI't,lil1l~1 hy !'I"inli!f Wl'rl' nllt pro\llll,lldy
C,lUSNt by any conduct of the Defl'nd,ml.
24. PI,linliff's c1,lims IllolY Ill' h,II((~1 III whole or in par!. rl'strich~1 or
diminished hy Ihe doclrine of ,lCcord ,\11(1 s,llisf,lCtioll.
25. PI,lintiff's claims IllolY he h.url'!l In whole or in par!, rl'strictl'd or
diminished by the doclrine of arhitr,ltioll ,md ,lw,ud.
26. Plaintiff's claims IllolY he IloIIred in whole or in IMr!, restricted or
diminished by the doclrine of discharge in hankruptcy.
27. Plaintiff's claims may be harrNI ill whole or in part hy Ihe doctrines of
estoppel and/or immullity from suit, and/or laches and/or res judicata.
28. Plaintiff's claims may he harred in whole or in part by the defense of
release.
29. Plaintiff failed to give Defendant any nolice of any alleged unsafe
and/or defective cOlldition.
4
CERTIFICATE OF SERVICE
I. Johl1 C. Sw.ulI. Jr,. [,qllirl'. hl'rl'hy cl'rtify that I havp this 6th day of MolY
1')'1'). l.llI'l'd 10 h.. "'rv,~1 vi.1 fi,t d.", Ul1ill'd SloIIl'S Mail, po,t.lgP prpp.lid, .1 tnlP .1I1c1
corrl'( I copy of thl' forl'goil1!\ pll'.lding upon the following:
Joseph M. Melillo, Esquire
4503 North Front Street
H.misburg, PA 17110
101
5. The parties are in full agrr,ement that the caption should
be amended as providNl in th.' fit, ipuLltion and request that the
Court ot'der that it be so changed.
Respectfully submitted,
ANGINa & ROVNER, P.C.
WESLEY R. PAYNE
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John C. Swartz, Jr.,
Hillside Corporate C
5001 Louise Drive,
Mechanicsburg, PA
O?l. ~
M. Melillo, Esquire
ney I.D. #26211
4 03 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Date: SPO/99
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CEI<T J I' I ('ATE OF .-:i-:fN J 0:
MlIl NOW, I il i" ,WI).
tidY cd rrj,IY, 1 "<I", I I Hilhhi" '1''' jehrn.:tn, an
employee of the ),IW lb"m ol AIl'lillo I, 1<<1'111"'", I'.C'., h,,".,by certify
that a true and COI'l'l:!ct copy ol tho., IOI'-''loillCJ WiW sent to the
following counsel of record by p)elcillCj ,I copy of Belme in the first
class, United States oBil,
postag.. prcpelid,
at Harrisburg,
Pennsylvania, addressed as follows:
John Swartz, ES4uire
Law Offices of Wesley R. Payne
Hillside Corporate Center
5001 Louise Drive, 2nd Floor
Mechanicsburg, PA 17055
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MbbI.L cJun,z".....,
Robbie ejchman
v.
NO. 98-6664
VALENTI'S MID-ATLANTIC
r4ANAGEf4ENT, LLC, L/d/o/d
WENDY'S RESTAURANT
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
REPLY TO NEW MATTER
13. No response required.
14. - 28., inclusive. Defendant states conclusions of law to
which no response is required.
29. Denied that Plaintiff had any legal responsibility to
provide Defendant with notice of any alleged, unsafe and/or
defective condition.
WHEREFORE, Plaintiff demands jUdgment against Defendant.
Respectfully submitted,
ANGINO & ROVNER, P.C.
ern, cmdde
J ep M. Melillo, Esquire
A 0 ney I.D. #26211
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
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Date: July 12, 1999
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152829/RT
1. JOSEI'll M. tI,E1.I1.1.O, ESQUIHE. L"inq duly nwon] according to
authorized to mak" this ^ffidavit on l"dlal! of 'hdd Plaintilt, and
law, dcposen and Ht.-,lt";'; t.holl. I am ('oun;;"t lor I'l.ainliff, that J .:lm
that the facts set forth in the fOl-egoing Plaintiff's Reply to New
Matter, are true and correct to th., best of my knowledge,
information and belief.
j __ '/n. 'truJdt
J~~' Melillo, Esquire
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CERT I F I CATE OF !.;El~V I C'E
AND NOW, thin 27th day of July, 1'19'1, I, Robbie 1'ejchman, iln
employ,,/.! of the, l..w f inn of Allqillo f, l<uVll',t-, P.C., het-eby certify
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that a true and correct copy o[ the fOt-egoing was sent to the
following counsel of record by placing a copy of same in the first
class, United States mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
John Schwartz, Esquire
Law Offices of Wesley R. Payne
Hillside Corporate Center
5001 Louise Drive, 2nd Floor
Mechanicsburg, PA 17055
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MORRIS CARNES.
IN TIlE COI JRT OF COM:>.lON PLEAS
('( ll\lIlERLi\NI> COIINIY. PENNSYLVANIA
Plailllirr
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VALENTI'S MID.ATLANTlC
MANAGEMENT. LLC'. tldlhla
WENDY'S RESTA! IRANT.
I>clcndant
CIVIl. ACTION. LAW
JURY TRIAL DEMANI>I.:J)
PR,\ECI/'E TO D1:;CONTlr;UF:
TO TIlE PROTIIONOTARY:
Please mark the abo\'e-captioned case satisfied. settled and discontinued with prejudice as to
all claims,
Respectlhlly Submitted.
ANGlNO & ROVNER. P,C.
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.I P . Melillo, Esquire
! tton';ey J.D. #26211
4503 North Front Street
Harrisburg, PAl 711 0
(717) 238-6791
Date: May 22. 200 I
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rERum '^ I'E OF SERVll'E
AND N( lW. this 22''') day or May. 200 I. I. Robbic Tcjchman. an employcc in thc law linn
of Angino & Rovner. P.C.. do hcrcby ccrtilj; that I served thc hcrcin Praeeipe to Discontinuc by
dcpositing samc in thc United States Mail. postagc prcpaid. lirst-cJass. regular mail in Harrisburg.
Pcnnsylv:lI1ia addresscd to:
John Schwartz. Esquirc
Law Ollices of Wesley R. Paync
IliIlside Corporate Center
500 I Louise Drive. 2nd Floor
Mcchanicsburg, PA 17055
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. bbtl Lk/Jlli/ d " )
Ro bie Tejchman