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Home My WebLink About00-05265 ~.~~-~ -,~ EILEEN BORDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA VB. CIVIL ACTION - LAW ASHLEY KNOSKY AND JOlIN DOES, Defendant 5265-00 CIVIL TERM NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on Wednesday, February 6, 2002, at 10:00 a.m. in the Old Cumberland County Court House, 2nd Floor, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and your counsel, if you so desire. PARTIES'WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC",WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTLCED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS AS TO AN AGREEABLE DATE, PROVIDE WRITTEN NOTICES TO ALL PERSONS AND RESERVE PLACE OF HEARING. Dated, I.;l.-;?[-Ol ~~- D. Weeks, squire, Chairman Scott Dinner, Bsquire Darrell Dethlefs, Esquire Ruby c: Thomas J. Williams, Esquire, Attorney for Plaintiff 10 East High Street Carlisle, PA 17013 Michael J. McKenna, Esquire, Attorney for Defendant 648 Longwood Avenue Cherry Hill, NJ 08002 Scott M. Dinner, Esquire, Arbitrator 3117 Chestnut Camp Hill, PA 17011 Darrell C. Dethlefs, Esquire, Arbitrator 3805 Market Street Camp Hill, PA 17011 Court Administrator Prothonotary Bulletin Board -,'"'",', <"c7-~"C'~"'Ji""" '-;',V' . EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA. 19067 Plaintiff vs. ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA. 17055 Defendant. -. -'.-' ~^t;~f_""""~';'S;'f'~~'-?iW'" "",7;-:-'ofl','r':f_~ , ~ , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2000-5265 JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY. Kindly substitute the verification of Plaintiff in lieu of the verification of counsel previously filed. Dated: CI.';a,-S"",c-o, Mi 1. . No.3 321 648 Longwood Avenue Cherry Hill, N.J. 08003 , ;_-"::,;-;:1~+-'''_:''}':! :;~"',;r'-;''i{' ' -. '",'- " --'-, . f" '~! , ,,' . " --1,-.';' ~_~. <.;:' .f': _ "li' .. ,-<oc -,- ,', ':Jt.., - , I,u, --'~- ',- '^"_"~""f' ,", .,'-,' '" "'-':'-":'_'-~_" 'Y;,fi'~~_,~\,,!,,,, :';rvi;;0/:;' ''-.''.,'.' -- .f~1i !i , 'I , ~ COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF BUCKS VERIFICATION EILEEN BORDEN, hereby states that she is the plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements there are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Dated: q \ \~\ 00 ~-l>0a~ EILEEN BORDEN r' .,""" '~, I" _ rBli~~_.rrIIIIi-' ,= -,<" ,. ~. < . .; ,< ~ ' .~ ~ , , ~,.J..L "0 , ,'~.' ......... - ..1J-..riilikbA' 0 0 () ~ Cl " os.. C> "'"0(";:: n _, .~n nlm -l >;:-;;; Z:O , Zc , -f:j8 Cf) .. r,) ':" I -<2 \:='ic;! ~i..._c' V ..\- " :!-;:J:J )>r'-" :J;t:; '~"c; (-) z"-.-: om j>S;' r::- ~ .. "---1 ~ '0 '" 5:J co -< , ,.'""~ ~ . i- ~ ....< EILEEN BORDEN, Plaintiff I~ THE COURT OF COMMON PLEAS OF Ct.'MBERLAND COUNTY, PENNSYLVANIA' v. NO. 5265 CIVIL >>J9x 2000 ASHLEY KNOSKY and JOHN OOES, Defendants , : RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTIIENT OF ARBITRATORS TO tHE HONORABLE. THE JUDGES OF SAID COURT: Thomas J. Williams,. Esquire , counsel for the .:ilJrJc:l&f I defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action ia[lln~ is~) at issue. 2. The claim of the plaintiff in the aC,tion is. $25.000.00 The counterclaim of the defendant in the action is 50.00. The following attorneys are interested in the 'case(s) as counselor are other- wise disqualified to sit as arbitrators: taw firm of Martson Deardorff Williams & otto; Law fUm of Mckenna & Marconi WHEREFORE, your petitioner prays your arbitrators to whom the case shall be Honorable Court to appoint three (3) submitted. <'. Re2:::tfullY submitted, ---I ok? Wp'~ Thomas J.~il1iams, Esquire ORDER OF COrRT A.~D NOW, ~ I ,.J.9~in consideration of the foregoing petition, 'IJ'~1 /llL/~./ Esq., J!}/}/I/l~/Lu(#.~d/14) Esq., andyJr.~ (Xf),/~ ,Esq., are appointed arbitrators in the , , above-captioned action (or actions) as prayed for. By the P. J. . "'~ Of'T::"' CJT!,JW '" "t'Co',- VI U.','" -' I ~'q. t ;_, l t'1', I: (j,')' ~ ...; CU' "r . r'f:b~j-"l~~,Aj\JJ '{~CUNT< Pt:NI\!SYLW~\jI,'\ Ct') i::: ~ 8 " ? "" :5 '\' '- '-t,~. 051;' '< ,"I. ., 1:." a.: :-..J? :~?~ Co ~ ~ ~ CD ~ :')0 ~ <;!- c.c ;li(f J Lc' ~ L' ei (.::,: ~~rt ',~J ...:;: 0 .::> ~ () IJlIail1!' _ ........_~I!I!'"""'"',1IUj_~_~.,~."""'" :~,.".4ll.~ .IA~"",. !~'II'l_.~ ; ~,~1,,,,, ~"'" '" L~~-~~ _J~~~_ ., , ~",)U11 ...... . ~. ~ ; JIl:.>:l EILEEN BORDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CNIL ACTION-LAW NO. 2000-5265 ASHLEY KNOSKY and JOHN DOES, Defendants JURY TRIAL OF TWELVE DEMANDED Qc.-+ ORDER AND NOW, this 1 day of' J)'t..~ ).,PT, 2000, in accordance with the foregoing Stipulation and by agreement of both parties, the Preliminary Objections filed by Defendant are resolved as follows: 1. All references to a John Doe or John Does are redacted from the Complaint; 2. Paragraphs 8 (f) and 15 (f) that allege: "Defendants were otherwise negligent under the circumstances" are deleted from the Complaint; and 3. Plaintiff shall file a substituted Verification for the Attorney's Verification presently on file. Defendant shall file an Answer to the Complaint within 20 days of the date of this Order. BY THE COURT, Ad , J. c ~ 1f)euU 10-L/-00 RXS . ~_~:.Q.'"Ol:FiCE: ."~;[\J{ )~jiJ.,RY 00 neT - LI Fi""1 3: (17 CUiJi2UiLN,IU COUNTY PENNSYLVANIA . , .~ r1_~" 'Yl~~, till! ~~~ ~.,I"al'nlfijlj!l~M11Pl~ll1l~:~_.J ."~,,",,,,D~J"lIII'~~~i$l1!:\,_ ~~ ~ , ' 0.. J: ... .. F:\FILES\DATAFll.E\DONEGAL.DOC\J68_sti.lItde Created: OSl25f0009:22:27AM Revised: 09f14/0002:00:22PM . 3050.168 EILEEN BORDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION-LAW NO. 2000-5265 ASHLEY KNOSKY and JOHN DOES, Defendants JURY TRIAL OF TWELVE DEMANDED STIPULATION The parties hereto, acting by their attorneys of record, hereby stipulate and agree that the attached Order should be entered to dispose of the Preliminary Obj ections filed by Defendant. Date: By Mi 64. Longwood Ave ue Cherry Hill, NJ 08002 (856) 665-7771 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS & OTTO By rL? ~~ Thomas 1. Willi~s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: 9 p.J2j ~ ~ ,'--:c..'~iM''''-' ~~ --& filii " .,,~~.....'" "i1t '~'--;~" "~iOlltllUid l;\tiL1IIMi!W1JJ!.iif~..h#"'~ , .. { jj ~"1&i ~'"~-$lil ""'" !\ECEIVED [;EP 22 2000 'ViDWn ", " ". ~ r; " 7"'" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation was served this date by depositing same in the Post Office at Carlisle, P A, fIrst class mail, postage prepaid, addressed as follows: Michael J. McKenna, Esquire McKENNA & MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 MARTSON DEARDORFF WILLIAMS & OTTO ~~k1d &f~- Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 29,2000 ill! l" .""=lIiiili~ l!l!!il.l ....1 "0-"''-''"-'',,11 ~_":1IiIIiiiM J - ~ 'x' ~ ~ "";~",..........,' . c. ''''~".'I ." 0 Cl 0 C 0 "'1 ) ?:: 0 .-.-1 V en :J f11fTI --I i'1C L :J;) LC; I , ,,' f"',) C"") '{!;2: , (~) ~C) , v 1" :.:r.j ;P: -"" ., -- ---.-() () ~{~. :~ Pc: 1'3 rq '~.::=; Z 5j :< (:J -< ~l ""1' '" ~1~:' F:IFILES\DATAFn.E\DONEGAL.DOC\16S_obj. t/jlkltde Created: 08125/00 10:08:45 AM Revised: OS/28/001l:10:22AM 3050.168 EILEEN BORDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A CIVIL ACTION-LAW NO. 2000-5265 v. ASHLEY KNOSKY and JOHN DOES, Defendants JURY TRlAL OF TWELVE DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS 1. Paragraphs 8(f) and l5(f) allege: "Defendants were otherwise negligent under the circumstances." Such a broad allegation violates the requirement that Plaintiff's Complaint plead the factual basis of her claim and, therefore, should be stricken. 2. Plaintiff s Complaint is not verified by Plaintiff, nor does the verification signed by the attorney aver that Plaintiff is unavailable and/or unable to execute a verification. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By I LA.-v 9- /"t,d{. .~~ Thomas J. William(, Esquire J.D. No. 17512 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Ashley Knosky Dated: August 28, 2000 - ;C"I CERTIF1CATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael J. McKenna, Esquire McKENNA & MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 MARTSON DEARDORFF WILLIAMS & OTTO ~f)~ By . _.. ricia D. Eckenroad . Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 28, 2000 1iII". .~ ",. ~'-:t,f -~.... ffoj -.-lliAll ~ ~ 'j -l" "." "..~ '.'liiiIlii( ~-~~" ..~.. ,.",". ......... -',' 0 Cl () c a .." <." """ -elf,:: nl'"'.' =''-) z'i; , , ZC;:", ~- (J) <<'_: C. -<........:-:. ;<u ?;c: ~- ,-.... ':5 >c .p....., ,.-j L.:': 2:::; ::<i ..<., (7\ -; ,....,...k.. "~ ~ ' " _. 1-' F:\Fll.ES\DATAFILE\DONEGALDOC\168_pra lItde Created: 08f25/0010:08:45AM Revised: 08/28fOOII:Ol:15AM 3050.168 EILEEN BORDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTiON-LAW NO. 2000-5265 ASHLEY KNOSKY and JOHN DOES, Defendants JURY TRIAL OF TWEL VB DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Ashley Knosky in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO B\h!.~::dE~ "- I.D. No. 17512 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Ashley Knosky Dated: August 28, 2000 . ~ " " o -J CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael J. McKenna, Esquire McKENNA & MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 MARTSON DEARDORFF WILLIAMS & OTTO ~~~(}. fdr~~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 28, 2000 .,..;:.,. JlJ~"<'''!.\*I'BliI~~i!!3~.lWi- -""'imD..)jlli~(~ ~,i,.", '-_-.-~ '" "~V "~ -" ".~" C) S: -,,',-, nlf:;~' ;~: ~C.~) ~- 2;C~' j;~ Z -j -< ." -." -'''''"I ,~-' C::l () ]~ ._~) '~"0 c::> -', r;~) ~-=-) .- -:---; ;~' c-3 ~-~)jn ~ ~ --! , 1- ,I' ., -. . . c, 'y, ' ,,.~. " .~ -, ~ "-ii.llJi.i F:\FILES\DA TAFILE\DONEGAL.DOC\168-ans.lfjlkltde Created: 08f25/0009:22:27AM Revised: 09/29/00 04:04:38 PM 3050.168 EILEEN BORDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW NO. 2000-5265 ASHLEY KNOSKY and JOHN DOES, Defendants JURY TRIAL OF TWELVE DEMANDED ANSWER AND NOW, comes Defendant, Ashley Koosky (here and after referred to as "Defendant"). by and through her attorneys MARTSON DEARDORFF WILLIAMS & OTTO and refers as follows in Answer to Plaintiffs Complaint. 1. Admitted. 2. Denied. All times pertinent hereto only Ashley Koosky owned the real property located at 656 Edwards Drive, Mechanicsburg, PA. 3. Denied. On or about November 8, 1998 Plaintiff Eileen Borden was a licensee in the premise located at 656 Edwards Drive, Mechanicsburg, P A (sometimes herein referred to as the "premises"). 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form belief as to how Plaintiff s foot injury occurred. It is specifically denied that Plaintiff sustained serious and permanent injuries. COUNT I Eileen Borden v. Ashlev Knosky 5. Paragraphs 1 through 4 of the Answer are incorporated herein by reference thereto. 6. Denied. Only Defendant was in exclusive possession and control of the premises located at 656 Edwards Drive, Mechanicsburg, PA. 7. Paragraph 3 hereofis incorporated herein by reference thereto. 8. Denied. It is denied that Defendant was in any way negligent, careless or reckless, either in general or in part as noted in paragraph 8 of Plaintiffs Complaint. a. It is specifically denied that a dangerous condition existed on the premises at any time. , _= ..,:.,.""". i ,-' . , c ,~ '" '~I b. The condition of Defendant's floor was readily observable to anyone who was not blind. c. Denied. Plaintiff was made fully aware ofthe condition of Defend ant' s floor prior to her injury. d. Denied. Defendant maintained her property in excellent condition. e. Denied as a conclusion oflaw. f. Denied as a conclusion of law. 9-11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the nature and extent of Plaintiff s injuries, the extent of any disability or the expense of treatment. WHEREFORE, Defendant demands judgment against Plaintiff. COUNT II 12. Paragraphs 1 through 11 hereof are incorporated herein by reference thereto. 13, Denied. Paragraph 6 hereof is incorporated by reference herein. It is specifically denied that any "public entity" had any interest in Defendant's premises. 14. Denied. Paragraph 3 is incorporated herein by reference. 15, Denied. Paragraph 8 is incorporated herein by reference. 16-18. Denied. Paragraphs 9,10 and 11 are incorporated herein by reference. WHEREFORE, Defendant demands judgment against the Plaintiff. COUNT III 19. Paragraphs 1 through 18 hereof are incorporated herein by reference thereto. 20-22. Denied for the reasons previously stated. It is specifically denied that any person or entity, other than Defendant, was in possession or control of the premises on the day of Plaintiffs injury so there was no "combined effects" or "consertive acts" by anyone. WHEREFORE, Defendant demands judgment against Plaintiff. NEW MATTER 23. Paragraphs 1 through 22 hereof are incorporated herein by reference thereto. '.- 1,. " '" ~:'lJji~-' 24. If the Plaintiff suffered the damages alleged herein, which is denied, then those damages were caused in whole or in part by her own negligence and recovery herein is barred or diminished in accordance with the provisions of the Pennsylvania Comparative Negligence Act. 25. If the Plaintiff suffered the injuries alleged herein, which is denied, then recovery herein is barred by her assumption of the risk of any such injuries. 26. Plaintiff came to Defendant's home on Saturday, November 7, 1998, for a visit, during which she observed and discussed with Defendant the condition of Defendant' s floor as being under repair by Defendant. 27. Prior to her injury, Plaintiff was aware that the floor near the rear of Defendant's house was under repair and that certain slate flooring and wooden sub flooring had been removed in that area so that the surface floor was not completely smooth. WHEREFORE, Defendant demands judgment against the Plaintiff. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO \tv J.t~ s, Esquire Attorneys for Defendant Ashley Knosky Dated: q 1 d..ti I (to ~- ' , , , ~lIii.LJlJIIk..,;,,, VERIFlCATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. " - ~, '" , -" ~ _. ~''lO[1'''': CERTIFICATE OF SERVICE I, Jennifer 1. Kelley, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael J. McKenna, Esquire McKENNA & MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 MARTS ON DEARDORFF WILLIAMS & OTTO By o nnifer . Kelley Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated:()WUu l; Z06() ~';;'~$'" ",'.;"~ '"~'<rll~nWf~lIIm:~"~JWiIII<-.JmJit'~---.~j.i1!il!l!llU~Uilillk1li-~ "-,",.,-- ,~~, d".,,,., ,. ~ - . ,"'"- ,,",,,,,""''''~~'.'' (> c;: .,. -ofD f111"'t:1 ~~; ~C) -r>c' zd >c;: z :< c C) Q i.:-"J ~-1 \ {'-..) -0 -'"", , ~I '..1 _i ,~~l ...... --~_: -''I-, '_-~f"l \~~.~ \,.j -l 4; =< "'"' .- :::> rv ~~ ~""""-"'.~~ 0'.: " ,i' Ci o . , ~ "t' ..... NUCHAELJ.McKENNA McKenna & Marconi, P.C. 648 Longwood Avenue Cherry Hill, NJ 08002 (609) 665-7771 Attorney for Plaintiff Identification No.35321 EILEEN BORDEN : PHILADELPHIA COUNTY COURT OF , COMMON PLEAS : CUMBERLAND COUNTY , , : CIVIL ACTION - LAW , NO. 2000-5265 , , , , , , : PLAINTIFF'S ARBITRATION , STATEMENT , Plaintiff VS. ASHLEY KNOSKY et a1 Defendant. STATEMENT OF FACTS The incident at issue occurred on November 8, 1998. The plaintiff, Eileen Borden, was visiting her sister, Ashley Knosky. Ms. Borden arrived the night before. However, she did not spend much time in the house that evening. On the morning of the incident, Ms. Borden came down the stairs from her bedroom. As she stepped from the bottom step on to the foyer floor, her foot twisted and she fell to the floor. Looking to see what she fell on, she noticed that part of the foyer floor had been removed. A copy of photographs are attached. Apparently, Ms. Knosky was repairing/remodeling the foyer and had removed a section of the floor. Ms. Borden did not see that section of the floor removed the evening before. Photographs of the area are attached as Exhibit A. As such, when Ms. Borden stepped from the bottom step, she stepped partially on the floor and partially into the space left by removal of the floor, causing her ankle to twist. She was in immediate pain. As the owner of the home, Ashley Knosky, had the duty to keep the home safe for visitors, or warn of artificial dangerous conditions. Ms. Knosky did neither. As such, it is respectfully submitted that she was negligent. INJURIES The plaintiff, Eileen Borden, was taken to Siedle Hospital. A copy of the medical records are attached as Exhibit B. After x-ray, a diagnosis was made of a displaced fracture of the fifth metatarsal. Exhibit B. At that time, the foot was not casted. On the next day, November 9, 1998, due to continued ~~""~ o c o ~ . '.....- ~ ~ " ~-" ~ _. ~~..', 'Il_ ........ ~ complaints, she was seen by Dr. Gregory Hanks at the Orthopedic Institute of Pennsylvania. Exhibit C. At that time, Dr. Hanks noted the fracture of the left fifth metatarsal and placed her in a short leg-walking cast. Exhibit C. She then came back to the Philadelphia area, where she lived, and did follow up care there. Initially, she went to Dr. willis only saw her Cautilli, P.A. see Dr. Willis, her family physician. once and referred her to Joyce & She began her treatment at Joyce & Cautilli on November 18, 1998. A copy of the records are attached as Exhibit D. By that time, she was using crutches and was only partial weight bearing. The pain was persistent. At that time, it was recommended that the short leg cast remain for six weeks. Exhibit D. She was seen next on December 8, 1998 at which time the cast was removed. She was instruction in range of motion exercises and to gradually increase weight bearing, as tolerated. She continued to have problems with pain and swelling through December and into January, 1999. Exhibit D. In March, 1999, the plaintiff started treating with Dr. Mark S. Ross, a podiatrist. She treated with Dr. Ross through October, 2001. A copy of his final report is attached as Exhibit E. During the course of his treatment of her, Dr. Ross tried various conservative methods of treatment to resolve her symptom. This included the use of orthodics, as well as cortisone inj ections. Unfortunately, all conservative methods failed to resolve her symptoms. Exhibi t E. In October, 2001, Dr. Ross diagnosed Ms. Borden with acute and chronic bursitis and Morton's neuroma (traumatic neuroma of the interdigital nerve of the foot) . Exhibit E. Although surgery would normally be recommended, it was contraindicated for Ms. Borden because of prior organ transplantation and anti -rej ection medication. She would be a poor risk for the surgery. Exhibit E. As such, Dr. Ross opined that there would be no further treatment for her chronically painful foot. He noted that she would be resolved to a future of ~painful limited ambulation." Exhibit E. At the present time, Ms. Borden is still suffering from the complications of the injury to her foot as a result of a slip and fall at the defendant's home. BILLS Joyce & Cautilli, P.A. Dr. Hanks Pinnacle Health Hospital Dr. Ellis Dr. Ross $ 415.00 58.00 396.50 50.00 2,601.00 $3,520.50 TOTAL -~.~"" ~. o c c .-. A B C 'D E - EXHIBITS Photographs ._ Records of Biedle Hospital Office notes 'of Dr. Gregory Hanks Record~ of Joyce & Cautilli,PcAc Final report of Dr. Mark S. Ross ATTORNEY REPRESENTING CASE william J. Marconi, Esquire LENGTH OF ARBITRATION HEARING 90 minutes. WILLIAM J. MARCONI, ESQ. Attorney for Plaintiff . ~ . ""-- :.;;:- . . f -?J . , ~~ . 0,.0.0 . . -- -- .-----10'11$;,. y 7' '--~ o CP CENTER_ OBS. HAS o CRITICAL CARE HOLD o TAAUMAAlERT(CIlSE I . 0. e.~oo WeE o CARDIAC MONITOR OEKG o IVAC/MINI PUMPS IV CATHETEAJPRN ADAPTER SUCTION O:l_LPM o PULSE ox. o PEAK FLOW o AEROSOL TREAT TlME/fNIT. PORTABlE: o C-SPINE 0 CXR 0 SP\\lE; Dc 0, Du, DANKLE L R ONASAL OCXA o KNEE o ELBOW L R OKUB Df/l,CIAl DOBS5€. o FEMUR L R 0 PELVIS OR~R L R DRIBS L ~oytftl 0 SHOUll o fORb:lfM l R 0 SKULL OHAND L R DTIIlIRB o HIP L R 0 WRIST o HUMERUS L R SPEtlAUZED STUOtES DCT_ OVENOGF. DIVP OllENUS! o us_ 0 v-asc~ T1MEJINIT. O=H O. :os. D-._~l1C PANI<'- DH&H OHIV o UPASE o PTJPTT OAB. DACETONE o AMYlASE o CARDIAC ISO o CARDIAC PANEL DCBC DCOMP MET PANEL OesF o ELECTROLYTES CULTURES: o BLOOD X DURINE - DWQUND DRUG SCREEN: o aUAUTAiM PREG. o auANlTIVE PREG. o RE?B\1 CAAO\P,C E.\S o RH FACTOR DRPR D BASIC MET PANS. o T/CROSS o T SCREEN OIl'A ... o HERPES o SPUTUM o THROAT STREP ROUTlNE RAPID o COCAINE 0 NO~\Op., o DIGOXIN Otl1LANllN o N1DA PHYSICIAN LEVEL OF CARE: o I MEa. EMER. Ol!/ Dy Ef1ir ON/ o IV Idol< Dv o Critlcal care O/l,CETAM OASA OeANN DCAllB o SCREEN o THEO o URINE o GClCHlAMYDlA GENE AMP. o GCCULTURE o CHLAMYDIA CULTURE VOIDE.D OTHER:_ STO RESULTS A>INI.ASE NA K CL CREAT_ ALT. HCG CATH WMS URINE SG PH GCU AlB BILE LEUKEST._ ABG_RMAlR_~ ACT. BLOOD WSC RSG CASTS BACT. NITRITES X-RAY co, BU~ 'GLU AG A5' PLATELETS wac STAB. HGB LYMPH. HCT MONO. NEUTR._ EOS. po, O,Sat peo, HCo, pH EKG PT PIT . '\ . V\'"' it; tlMO APPROVED '9:ii.";~:f:.)"~, ;~.~?I~~ijk~~~~5~~t~~~:. IF ACCIl;lENT. WHERE OCCURRED [J~..'.~~P:.. 'A;;;';~Ri?AJ,<>iiii.'. ,'":.:..'.' '.,-, DATE & TIME OF ACCIDENT MEANS OF ARRIVAL ATTENDING PHYSICIAN 11/08/98 12~00 SISTER CAR LONG DAVID A LEFT FOOT ~Y~~T WILLIS INJURY TO c.c. PER PT.l SlGNIFlCANT OlHER POUCENO,.!!,R~ o YES ~o BY, o POOR 0 CRrnCAL 0 OOA ALlERGIES: NKDA. SEE NURSE:: TETANUS: >5 YEARS, <5 YEAA5 '- P R T o -", CONSUI.T ,r..4<~ - c:, --, TIME DICTATED 0 11ME ROOM # ___;-ov. DIAGNOSTIC IMPRESSION ~"d;@'~,::J'i';3?~~:- <. PHYSICIAN'S ASSISTANT J MEDICAL STUDENT LAST DIS. D~ J lAST ER REC tJ.LR eM NTOR EMP OYER INFORMATION RESIDENT PRIVATE PHYSICIAN GUARANTOR NAME BORDEN ,EILEEN HOMe 15-736-3453 WOAK NOTIFICATION NAME KNOSKY ,ASHLEY HOMi717-766-0597 WORK HOSP SERV AREAS TO VISIT MMS PATIENT # DATE TIME 990125494 11/08/98 13:00 PATIENT NAME AND ADDRESS ORDEN ,EILEEN MARJORIE 1 HAMILTON B MORRISVILLE PA 19067 HOMe::15-736-3453 WORK GU HOMEMAKER PATIENT EMPLOYER INFORMATION 717- DlAG. CODE REUGION DATE OF BIRTH. SOCIAL SECURrrY # Pff FIC 03/22/44.F X C 175369039 R B INSURANCE CO. NAME GROUP NO. POLICY NUMBER B62/BC PHILAD 0000A QBC8182063 / / / MEDICAL RECORD # DC 175369039 08 SUBSCRIBER NAME BORDEN ,Ell ATRAVE Form H0260 {Rev. 4/98) '_"""'~ - -" 1-'rl'y::5I,-:f;\i'r.~; \ :UMMF.NTS , ~-~ o ~- l( -~ - - I AM LEAViNG ,'{CO PINNACLE' HEAL I H HOSPiT.~L. HARRISRURG. PA. AGAINST THE COUNSEL. ADVICE AND CONSENT OF THE AUTHORiTiES. ATTENDING SURGEO," OR PI'{SI'~IAN OF TH" SAID HOSP;' AL. I THEREFORE DO HEREBY RELEASE AND ABSOLVE FROM ALL RESPONSI-BllITY . HA TEVE8 THE AUTHOfHiES '"UfiGEONS AND PHYSICIANS OF SAID HOSPITAl. OF ANY CONSEOUENCES OR ILL RESULT THAT ! AY FOLLOVi MY VOLUNTl\i1" D::-Pt',RTURE FFlOM SAJO !-lOSPITAL. BAJO MI PRep!!, RESPONSABUD'\O 0".10 EL HOSPiTAL PII'~NACLE HEALTH. HARRISBURG, PA, EN CONTRA DE LA VOLUNTAD Y CONSEN T!MtENTO LJE CONSEJEFiOS. DOCTUREfj CIRUJANOS Y A.LrrORIZACION DE DICHO HOSPITAL POR ESTA RAZOR ABSUELVO DE TODA t1ESPONSABILlDAD A DICHO HOSPITAL Y LOS CIRUJANOS, DOCTORES, Y AUTORIDAD DEL MISMO HOSPITAL POR CUALOUIER CONSECUENCiA E:NFERMEDAD:,) ALGO OUE SUCED.A. COMO RESULT .\uo DE MI PARTID.~ VOLUNT.\RIA DE ESTE HOSPITAL. \IIJITNESS rESTiGO SIGNED ..... .__..._.___ ___._.__ ..._...__________._____._ FIRMA SIGNATURE OF PATIENT OR PARENT IN CASE OF MINOR FIRMA DEL PACIENTE 0 PARIENTE SI ES MENOR DE EDAD I I DATE TIME PHYSICIAN'S REPORT (CONTINUED FROM FACE) 1/1'/9,1' II~ tt~.f 7~_. ~-J ~ .'*7 C&f. r" --------- - 1--- ... ~ ~' . - >-.-. - -.- -. 1----- , 1----- .. ~ SIGNATURE -- PATIENT NAME SOCIAL SECURITY NO.: _ _____ ~.~~_M~,~""I...,diWLJI~lllllJiloiliJ~"L,~...- ~ H,~:0. ~~~ ~ G~~b.t:~ f:'k'~ r:t,.~'-<. ~t:-rn n . ~ 1" .~~ LM.P. TETANUS HX U VISUAL ACUITY I 00 WEIGHT ." .. r: jN~LASSESSMENT f3' ~-'~ p1 ~ jJn ~- - I." 7, A'-tJ- 0; 1 )/ - . \' (j .V .~ ~ ~. 1:-1./7"'-0 0 /~L "f) . 1..-- n~ -fr' (7.. ..........- J ,;rfft" /l' r:",,~ ^. -(- .~ ' .;TJJ.j) ~ ~ ,~_ '7- ~...... I" A J.: J{ O.A. j/ A ' fl' (./n:...e ! ~ .ATl'-~. // ~---... I, ~ ~A.AI,. JJ ~U_ o'f- J f'.. YU....-r:-;/ ,~/a / ..c;n.... I/M- A ~Il .JI A... / () '. VJl.. /'72-.- P 1/. 7r J IA J tV. // '/ ~.V 1/ Ul/U . ..~~ "~ ,~' _~I~~~'d<~. ~~ ALLERGIES ';'~~ T~ME T P .R BP ! (3)"; ~ . ,-~." c NOTE P9'gress. Complications. ConsulJPlj9>ns. In"'ucligns. Condition on Discharge.:,... ;//T, ~... ~../ /1--2:. ~- ';-7-1-1 ./ /' . ....-:t. ~.-::l --h '/- /' V' U Z' // V ~ ro-r.r /,riC- /;/r ,p_h ..I....... ~ "'. II ( , /J/t 1''', \, ) 4) PINNACLE~o~~TsH Patient 1dentmeatiorl SEIDLE HOSPITAL 120S.Filbert5treet - MechaniCSburg. PA 17055-6591 FIRSTPLACE NURSE ASSESSMENT i l'; ~ r iH H JC-G IE ,-, '... .. . ~::il+ 175-36-<)039 ,; C ~j .' 2 2,.. t {"~ -1 ii' '.:: 4 f'. C 421 HA~j!.~Ot: SLVD 1<)0&7 HORR I S, I c', PA 215-736...3453 175369039 LOWG DHI B62/Be PHILADELPHIA 362 QBC8182063 11/08/98 Coo..... 1 .. . SM-222 (Rev 8/96) "",,"-,~_.=_ ~-, -"~ ,. _""",,0", ~. ~, ~ -<-~-~--~,""-'- ~' .- ~ BORDEN, EILEEN MARJORIP PAGB 1 175369039 , URGENT ORIGINAL C., :o.__J PinnacleHEALTH AT SEIDLE HOSPITAL I RADIOLOGY REPORT MR#. SSN. ADM: POB. BED: LOC: 175369039 175369039 990125494 03/22/1944 NAME: BORDEN, EILEEN MARJORIE 481 HAMILTON BLVD MORRISVILLE, PA 19067 LONG, DAVID A 90001 LONG, DAVID A SIP ORD DR: ORD#. ATT DR. RD.SON: R/O FX L FOOT S EXAM: 90001-FOOT COMP MIN 3V- LEFT-SRD-1012 DATE: 11/08/1998 13,51 RESULT: LEFT FOOT, 3V: There is an irregular oblique fracture of the distal shaft of the left 5th metatarsal with 2 rom of medial displacement of the distal fracture fragment. No other fractures are identified. Mid and hind foot relationships are unremarkable. CONCLUSION: SLIGHTLY DISPLACED OBLIQUE FRACTURE DISTAL SHAFT LEFT 5TH METATARSAL. ~:WBM/ljk 11-9-98 ~.r: 11/09/1998 08:29AM/Y DICTATED BY: WILLIAM B MILLER, MD ELECTRONICALLY REVIEWED: 11/09/1998 09:32AM l;j,/q(' ~/wf if! o FOOT COMP MIN 3V- LEFT/11/08/1998 ._~"' .~='"== =" ._,l " iIll ~r~ ~, ~,,..,......... 4) PI NNAClE~EALTH r,r DE I' ElL EE!l MA RJOR IE' FlrscPlace rev 'c' (;,r, l' 2 5 LI gy. 175-36 - C) 039 HealchCare Name: ~, 1. -_ I. FirstPlace #. C C ,.. ,?" " '" ~ 'j '.' r C (717) 795-6656 . I !-,:_17"1 1006.' .' {"', :'.;\ I - Qt:;'-,!D ,.; 'INSTRUCTIONS TO THE PATIENT The ~}<ll,*,inl\lli!?n ~ncttre"l)llent l3:lLJ flave }$cei\ietl~e FirstPlace Center has been rendered on an urgent basis only, and are not intended to bel'a subst~uf~ fpr, !l~'1ilffort to prQllide c6mp'ISte medical care. IF YOU DEVELOP NEW PROBLEMS OR COMPLICATIONS, CONTACTYi:>UR)>fl~l>1 .' .t!1iI T"I'S F,I"'~TPLACE HEALTH CARE. . I /F'Ol.l..ltlw THE INSTRUCTIONS BELOW AS INDICATED FOR YOU. ON, 'ABRASIONS OR BURNS EYE INJURIES 1. Keep wound clean and dry 24-48 hours, 21. Wear eye patch for hours. 2. After 24-48 hours wash with soap and water or peroxide, 22. Do not drive or operate machinery until 3. Watch for signs of swelling, tenderness. redness, heat or 23. Return to FirslPlace Health Care or family physician drainage - return to FirstPlace if any' of these signs occur. , -bring sunglasses. 4. Return to FirstPlace to have your sutures removed 24. Avoid bright lights. T.V. and prolonged reading for _hOUrs. 25. Eye medication HEAD INJURIES 25, Avoid strenuous physical aclivily for at least 24 hours. 27. Use for headache every 4 hours as needed. 25. Ught diet for 24 hours. 5. Tetanus Toxiodrretanus diphtheria given SPRAINS, BRUISES AND FRACTURES 6. Elevate on 2 pillows and rest. 7. Use ice for times a day for 8. Ace wrap 9. Use splint for 10. Use crutches for 11. Begin to bear weight 12. Start warm soaks on minutes symptoms present. 13. Wear cervical collar 14. No heave lifting for 15. Use sling for yes. minutes d~ys. CAll DOCTOR IMMEDIATELY II': A. Unable to arouse patient, confused or irritable B. Patient continues to be nauseated and/or vomits C. Patient has trouble with balance D. Patient complains of any visual difficulty E. Headache persists longer than 24 hours or if it becomes more intense after 12 hours. F. Conwlsions for times a day until recheck or no c MEDICAL INSTRUCTIONS 16. Bed rest for 17. Take aspirin of Tylenol @ every 18. Ita child has fever. A. dress lightly - don't cover with blankets; a. place in tub of lukewarm water and sponge for 30 minutes. if temperature is higher than and won't come down with aspirin or Tylenol@ C. give plenty of fluids - offer small amounts frequently; D. give baby aspirin or Tylenol@ if temperature higher than NOSEBLEEDS 29. Do not blow your nose. 30. If bleeding occurs through nasal packing or in throat call FirstPlace or family physician, hours. FOLLOW UP CARE 31. Retum to FirslPlace 32. Follow-up with family physician 33. See Dr. on at AM/PM f. DO NOT use ice packs, cold water enemas or alcohol bath. 19. Clear liquid diet - advance as tolerated. 20. Drink plenty of liquids. EMPLOYMENT 34. Retum to normal duty on 35. UmlJed duty from Umitation 36, See Occupational Instructional Sheet until 37. OTHER . ('("/4/ /' t!(' ~' ~..I.~- 1 ~.?-,f' Y-""-C--<. ?... - ,/'c~... / '" dc~.A.-1' .<U'; ~ ,- X-RAY INSTRUCTIONS: ";(our x-rays have been read by the ArslPlace Health Care Physician. For your added protection. your x-ray will be r,read by our Radiology oepartment. If any abnormallJies are found that have not been called to your attention. you and your doctor will .be called immediately. Sometimes fractures or abnormalities may not show up on x-rays for several days. If symptoms persist or get worse, call your PhYSICIan or return to thiS FlrstPlace 'Health Care Center. More x-rays may have to be taken. LABORATORY INSTRUCTlqNS: Call FirstPlace ~IGNATUReS--)7/ ~1:c~/'/ (./~""""" --/ (:..~.~..-' '--:-M]j, >, '. ./ for resuns of your pending lab tests. I HEREBY ACKNOWLEDGE RECEIPT OF THESE INSTRUCTIONS AND UNDER- STAND THEM. I UNDERSTAND THAT I HAVE HAD URGENT TREATMENT ONLY AND THAT I MAY BE RELEASED BEFORE All OF MY MEDICAL PROBLEMS ARE KNOWN OR TREATED. I WILL ARRANGE FOR FOLLOW-UP CARE AS I HAVE BEEN INSTRUCTED. / , '..,.. (. .'.'-'-D'::-> - !I ..- I 'f X '- '. QQA.... .. (:J'-'<M.,<."J Signature: Patient or responsible person I '.' Date .- I r(> Form SM-0082 (9195) ~.....~.~ ~"--, , ,- '~ 0 "~ - ':Ill;;;' . Ok~BOPEDIC INSTITUTE OF PENNSl~VANIA (717) 761-5530 ~tient: Eileen M. Borden DOB: 03/22/44 SSN: 175 36 9039 Chart #: 14973606 Page # 1 11/09/1998 GREGORY A. HANKS Me INITIAL FRACTURE Poplar Church Road Office CHIEF COMPLAINT: Left foot injury. HISTORY OF COMPLAINT: This is a 53-year-old female who was going down steps ut her sister1s home, lost her balance and twisted and injured her left foot on 11/8/98. She has been on steroids for five years for asthma and emphysema. she's had a history of lung transplant at University of Pennsylvania. REVIEW OF SYSTEMS: Review of systems, past medical history, family history and social history have been recorded and reviewed. PHYSICAL EXAM: Physical exam shows there is some slight soft tissue swelling and some ecchymosis as well as point tenderness over the left lateral side of her foot. There is no tenderness on the medial side. Her ankle is nontender. Distal neurovascular exam is normal. c....' . , DIAGNOSTIC TESTS: X-rays brought along from Seidel Hospital shows a slightly comminuted 5th metatarsal shaft fracture with no significant angulation. DIAGNOSIS: Left 5th metatarsal shaft fracture nondisplaced. PLAN: I placed her into a short leg walking cast. I'll recheck her in a month to get a repeat x-ray out of her cast. I might be able to switch her to a hard-soled shoe, depends on the x-ray and clinical exam at that time. She lives near the Philadelphia area and, thus, she thinks she may try to contact an orthopedic surgeon in that area for the followup care and I told her that that certainly is ok and we gave her the Seidel x-rays to take along with her if she chooses to do that. I told her in any event we have an appointment here for followup and she's welcome to call if there's any problems or questions. GAH/kir 12/07/1998 GREGORY A. HANKS Me NO SHOW NOTE Scheduled appointment not kept. /lab o ------------------------------------------------------------------------------ I_""",,'~,",~""""""""'~""~'~-' ,. ~L- .~ ., ~ ?~. . ~ Date~ Time ~~ 00 Docto~ . Patient Name ~ord e...... t:; I c.<." C Address 4~1 ~ .BL4~ -CQpfYr k'. III f If -Pf!. Phone ':)1r-73~' 0'+.53 ___ ~h ~$ DaB 3. :i,)-\'14-~ Age ,5,,3 sexJ- EmPloye~t) . @ Chart # 1l\Cn ,r,lo m MI lCif)ui SS# lJ 5-,%-Qo3'l Marital Status ~ Occupation . s""" Clty Zip ..... Mother DaB W# Employer Father DaB W# Employer .-Spouse DaB W# Employer Child {Schooij Responsible Party if Child o AnematelOther Contact li1jUry~ DOl 11-8-v8 Sports AulD. Work Related AccidentDescription '~""6(m(\ ~{')u){l (\1e.f6 oj- ~ Isi-eis baLvlf - loSt ~~ -\Yld~f7nt Dale of Symptoms first appeared if not injury INSURAJ'l~aJY ~~ Secondary Address Addresa ~ \1:) Group # C1Oo00 A PonCY#QC.~ ~ /gdOU3 GroUp # Policy # Subscribers Name Subscribers Name Address Address FamHy Dr. -F\ \ loct..Jilll i~ DO - Referring Or. Address Address c' Sond _,10: Family Dr. R8fening Or. Neither r;: tJ <?r ~ j- """"",,,,IilIiij,,,-,-,,,",",,-_.,,,,"~~,,,",~ ~~ ., " .~ ~ '="&~~ BQRDEN, EILEEN 4S1 H2~iltgB Bl~a. l M6rrisville, PA 19067 IE'736-3453, (W)295-3900 PERSONAL CHOICE --ell l lQ4 Age 53 D/B 11/18/98 - PATIENT SEEN AT THE ST. MARY'S OFFICE HISTORY: This is the initial visit for this 53-year-old female who injured her left foot ten days while in Harrisburg visiting her sister. She tripped on the floor and twisted' her left foot and had pain and swelling. She was seen at the local Emergency Room and wa:o told she had a fracture. She was seen by a local Orthopaedic Surgeon who . placed her i'n a short-leg fiberglass cas~~ She has been using crutches and partial weightbearing. The pain is still persistent. PAST MEDICAL HISTORY: Positive for chronic COPD; negative for diabetes, coronary artery disease, renal, vascular, and ulcer disease. MEDICATIONS: Prograf, Imuran, Prednison, Acyclovir, Nystatin, Cimetidine, Calcium, Magnesium, Folate, Prilosec, Xanax, Temazepam, and Lipitor. ALLERGIES: No known drug allergies. PAST SURGICAL HISTORY: Bilateral lung transplant (1995). SOCIAL HISTORY: The patient is not working. She does not drink alcohol or smoke cigarettes. ~ILY HISTORY: positive for COPD. PHYSICAL EXM~INATION: On physical exam, her left lower extremity has the intact short-leg cast. Her toes are neurovascularly intact, with some minimaL swelling. There is good room around the toes and the proximal end of the cast. She has a full knee range-of-motion. RADIOGRAPHIC EXAMINATION: X-rays of the left foot show an oblique fracture of the left fifth metatarsal shaft. IMPRESSION: Left fifth metatarsal shaft fracture. PLAN: I explained to the patient and her daughter that the short-leg cast needs to remain on for approximately six weeks. She is to be weight-bearing as tolerated. She can progress of the crutches as soon as possible. She is to elevate the foot when it is swollen. I will re-evaluate her in four weeks' time for cast removal and x-rays of the left foot. DC/jj 11/19/98 - copy to Dr., Willis l2-8-98 - The patient returned to the St. Mary Sports Medicine and Fitness :enter with less complaints of pain in the left foot. She can walk in the ~ast without difficulty. )N ~HYSICAL EXAMINATION, the cast was removed. Her skin is intact. There ,~,.,inimal tenderness over the shaft of the 5th metatarsal, good dorsalis )~lj.Is pulse, normal sensory exam in dorsal and plantar aspect of the left coot with limited mobility of the ankle and foot. :-RAYS show early consolidation of the left 5th metatarsal shaft fracture I~, .- I. JOYCE AND CAUTILLI PROFESSIONAL ASSOCIATION . Michael F. Joyce, M.D, . Geot!';e P. Cautilli, M.D. · Richard A. Cautilli, St., M.D. . David A. CatltilH~ · Richard A. Cautilli, Jr.. MD. -=~_u'~;bb,IR._,_""lJIlli"'.,""",~-""".J",~~ ~....... '_M' "'~ ~-"'-';-' BORDEN, EILEEN 12-8-98 (cont.) IMPRESSION: Healing left fifth metatarsal shaft fracture. Q.. . AN: The patient is to remain out of the cast. She was instructed in r . ng~ of motion exercises. SJ:1e will grad1?-ally increase her weight ear~ng as tolerated and I w~ll see her ~n two weeks time and re-evaluate her for the possibility of beginning therapy. DC/lg 12-10-98 - Copy Dr. Elliot willis 12-18-98- patient returns with still some complaints of pain and swelling in the left foot. She feels the more she is on it, it gets more swollen. Sha is still having pain when she walks. On physical examination, the foot has significant swelling over the dorsum of the foot. There is tenderness over the 5th metatarsal with increased range of motion of the ankle. Impression: Healing left 5th metatarsal fracture. Pl~n: I explained to the patient that she will get swelling the more she is on the foot. She is to decrease her activities to the level that she can tolerate. This will improve over time. I will.see her back in 2-3 weeks. DC/pk 12-29-98-Copy to Dr.Willis C 12/29/98 - The patient was seen at the St. Mary Sports Medicine and Fitness Center. She returns with less complaints of pain and swelling in the left foot. She is. walking longer distances without difficulty. On physical examination , there is minimal swelling over the 5th metatarsal shaft and less tenderness with increased mobility in the foot and ankle and normal sensory exam in the toes. Impression: Healing left 5th metatarsal shaft fracture Plan: The patient is to gradually increase her activities. I told her as far as exercise she can ride a stationary bike but she cannot be walking on a treadmill just yet. I will see her back in 4 weeks time for an x-ray of the left foot. DC/cs 12/31/98 - Copy to Dr. willis 1-20-99 - Addendum: The patient did not keep or reschedule her appoint~ent. gn/J J 1-22-99 - Addendum: We were advised today that the patient has been admitted to the 'University of Pennsylvania for emotional difficulties. Dr. Salvatore is concerned that the patient may have re-injured her foo,t. With the proper authorization, Dr. Salvatore has requested a copy of the patient's x-ray report. A c9PY' ~.f the patie~t's chart was faxed. jj/emcw I i I. r Orthopaedic Surgeons · Michael F. Joyce, M.D. . George P. Cautilli, M.D. 7922 Bustleton Avenu~ · Richard A. Cautilli. Sr., M.D. · Richard A. Cautilli, Jr.. M.D. · David A. Cautilli, M.D. Philadelphia, PA 19152 (215) 725-8500 FAX (215) 745-5266 JOYCE AND CAlJTILLI PROFESSIONAL ASSOCIATION . . . ==~r.- 'e...~.i'.-..'=.:~-~ ~~!ffl.~ ,",.~ 71) z~ · ,'IAR!.' S J.'O" S" D'. 0 /1 P (- I" ~'~ ... \., ..., . r .. \, ',' . ~. PcNJirJ.trk.' A:t:dicine and StJrgery Mi.l.ktdit'td h~(uti'~'e QU~'lrter:, :~Ol Oxh~td \i~ll~;l' gU<.Kl, SUItt: II Ut../\.' Y','HJh:~'(, h\ 1 ')(J\J:" 1elf~.'phori{-~: (215) 49:;~U;~~~2 . f~l;": 4:i 3M/~A-.l:': Li.:phifn,"itt', An-ii-'tlCdn D(.'.,(,j ot' [.Jodi,.l ',:.. 5wj~,'L'r}' Ft.,iJuH, A17ieric,UI (', ,.'jef.~t' ur' fi," I, ".:'c:eun;; l)t/o.'('lnber J. 200 j L.:w OJjices ',icKenJUl & Alarc()ni .::I:lle Highway 38 and Longwood A I'e 6-18 Long.. 'OOtt A;<: Cherry Hill, NJ.. 08002 RE: Ei/<;'m Borden DiA: 1L8,98 Fih, No.; 7037 Dt;~!lr Sirs, , . , h;lcen Bordm Is' a57.)yar oldji?ma,k Ii'ho pr.:scllli:d to illY ojjiC'/: il/jillluiI 1/1' on Oclober 4, JOG]' Mrs,j3orci,rnjmJSe/it,,'d fhell)l'ilh persistallt, unremitting and chronic leftfoo! pain which has beeflj1l"f:sent and i.i ,ijrilclfy related 10 an accident wllidl occurred on Ni.JyctnQIlr.8.1998am1 trec.tedby})r. Cauti!!i, all orthopedic surgeofj, ,. :,":' '., '..", <:('. '~.. '-~' ~_ "'0 . .;" " : . ;'::~' ':,::-""~Ti' ,;' Mrs. Bordt'l1w,:(Sr.JifJgn9j:ied alll,J iss,r/!( Wider my i.'<1N for: 1) Mar/ahs Neuroma 's/iJfUi!ffmd and Ilurd IlliJl<llars"l :ntersp,,,;es. 2) Acute and chmnic Bllrsitisr~eft second and third mcwarsai . illter$E"i.~es.' ., .. i, , ,. '., '., ,', :', , - ,,' ;:-;: , All cm~~q":'atirem~lIl0/4 of rf"mtllleIU 11f!\Iii! failed to resolve her .\ymptoms inc/~dinlf~orti~~~~!~,:f,~/f~M{If.~!dY:;!\j10m,ff!.~'JJQrth()lios. . . ;'{~,::,/::.."~:,.::'s:::::.' .:,-', '>' ':-:,1' ",:"~ '-"'_ :-~.l'.: " _.-r.~'.- .,,' . . ...' .... Surg;:lr.r..:fd;{lJi~'l!qiJ!.li;r~9(lIr'li~!4!.ff!{'';{fer:fJI{Se o/Jhe complexity (if du~ surgel)' . as welt as the l'~ifir;p!f(J;!S as'fOf.lfft~,il.\j'I!i!' l}~ri(1rgan transpkmtal/on and ,Ill II rejeCllOn . mad/ames she I~gpopr,nsk.' . ..., .;; . :,:i , ". : ,,~ ,.,. . There,ijl<:r we haw r,'udl.'d Ill;! pVill1 wh:re /10 fUr/h",. m:ululc,m./i)/, 1I,'r dlrollicaliy painfulfool call be (![f,nd ,Wit: is r"'so!J '.:d 10 a./ill/ire '!( pai/qul, lima.:d ambulatkm whi~h ca~l, lead ill"l"lab~v to otherprobJ,'ms ass",'ial<~d .,'II!; patholugic b:om(;~.:..'ht.lnlCS ()j1-;;alKllig. j,j:Spt:'i..'{j,d~)~, ""oj /,,/ ..,/ ,/ ./;c::;/ /,' L~"~ ../ "''''''r/'.JII'".', ~~-:; ,/'" -:::?~'~ '--- /,./ l\,i,u'k .'),11 Ross! I),P.Al. AiSi..~..tJd . , , " . ,";,," ..', . : i.' \ , ,. ,~ ,j:" ~, ',"h".~~"~ , ., -, " 0_' > 'h=_,! CHAPTER VII Owner/Occupier of Land ",k_~O' ~ -". . ~ ~" - ,~ "!i' 7.00 7.00 (Civ) OWNER/OCCUPIER OF LAND (Duty of Care-Generally) An owner/occupier of (land) (premises) is required to use reasonable care in the maintenance and use of the property. If you find that (he) (she) has failed in this regard, this is negligence that may make (him) (her) liable for any resulting damage to one lawfully on the property. What is reasonable care depends on, and must be in keeping with, the use the defendant expected to be made of the property. SUBCOMMITTEE NOTE The use ofthis instruction was approved in Olson u. Washington Country Club, 340 Pa. Super. 165, 489 A.2d 889 (1985). However, the Pennsylvania Supreme Court continues to cling to the distinctions based upon the status of a plaintiff. Carrender v. Fitterer, 503 Pa. 178, 469 A.2d 120 (1983). It is urged that Pennsylvania join the enlightened group of states who have abolished the common law distinctions between invitees and licensees in determining the duty of care owed by a landowner to lawful entrants upon the property. The justification for such action is set forth below. Instruction 7.00 presupposes adoption of this recommendation. The ''reasonable care" required of the defendant possessor must be "commensurate with the circumstances surrounding the use to which he had invited his property to be used," Starke u. Long, 221 Pa. Super. 338, 341, 292 A.2d 440 (1972), and is an issue for the jury's determination under proper instructions. The trial judge may therefore tailor his or her instructions by specific reference to the relevant factual situation so as to point out the greater obligation on the owner/operator of a hotel, office building, store, theater, ) or like public operation, to secure the safety of his or her patrons, than that resting upon a householder. See, e.g., Kmiotek u. Anast, 350 Pa. 593, 595--61, 39 A.2d 923 (1944) (theater); Katz u. John Wanamaker, Phila., Inc., 381 Pa. 477, 483. 112 A.2d 65 (1955) (department store); Clewell u. Pummer, 384 Pa. 515, 519. 121 A.2d 459 (1956) (hotel). The common-law terms "invitee." "licensee," and "trespasser," traditionally employed to describe the plaintiffs legal status, are words of art given special meanings in the law. Historically, the significant factors applicable to the plaintiff's legal status were the purpose of the plaintiff's entry upon the property, his or her relationship with the defendant owner/occupier, and whether economic benefit, direct or indirect, inured to either or both parties. With regard to the defendant owner/occupier's duty of care, the significant factors, aside from the plaintiffs legal status, were the nature of the property and the use, or purposes contemplated for its use. Factual controversies over any of these elements required jury determination and the variety of possibilities frequently made for a highly involved and complicated situation. The innumerable fact situations recommended that the trial judge give broad general instructions followed by reference to the plaintiff's status, defining the various possibilities, and including the corresponding rights and liabilities of the defendant. At this point, instead of having fairly clear definitive guideposts, the jury was tempted, or perhaps compelled, to wander between bewilderment, uncertainty, and speculation. It is unrealistic to expect that a lay jury would absorb the technical legal definitions provided in the court's instructions, so as to eliminate confusion in the jury's efforts to properly apply the law, even where the trial judge specified the particular factual possibilities raised in the case under consideration. For example, how can the lay person apprehend the delicate nuances that distinguish Copyright e 1997 The Pennsylvania Bar Institute 1 of 5 Date of Last Revision March 1997 :~ ~ ~ "~~ ~~" 7.00 the legal status as "licensee" of a social guest who is invited, and perhaps even urged to come, from that of an "invitee"? Restatement (Second) of Torts ~ 330(h)(3) (1965). The minute .distinction \ between "public invitee" and ''business visitor," as defined in Section 332, when considering the status of one walking through a department store or approaching a public building in a city park, does little to add to clarity and precision of t.h;n Iring of a juror required to make a decision. Confusion has resulted from dicta or imprecise language in reported cases, thereafter adopted by trial judges in their instructions. For instance, the comment to Section 332 provides that "[w]here land is held open to the public, there is an invitation to the public to enter for the purpose for which it is held open. Any member ofthe public who enters for that purpose is an invitee." In view of the general approval of the Restatement in this Commonwealth, a fair conclusion would be that those using our public parks have the status of invitees. And such would appear the judicial view as reflected in the case of Paraska IJ. City of Scranton, 313 Pa. 227. 169 A. 434 (1933), where a child was injured while in a city playground. The court rejected any distinction between public parks and public playgrounds and stated, at page 229: "[w]here a city undertakes to manage and supervise property, such as public parks and playgrounds, it must take care to keep that property in a reasonably safe condition for those invited to come upon it, . . ." The court held that the evidence required jury determination as to whether the city was negligent in failing to remedy a dangerous condition that should have been known to the city. This is the typical invitee situation raising the particular duty owed one in that status. Yet in the case of Miller IJ. City of Philadelphia, 345 Pa. I, 25 A.2d 185 (1942), where a minor was injured in Fairmount Park, the court stated, at page 8: "The minor plaintiff was not a trespasser nor a member of the class described as invitees or business visitors, but a licensee to whom the defendant owed a duty defined in Section 342 of the Restatement of Torts. . ." (Emphasis added). Since the case was decided on the ground that there was no evidence of any failure of duty on the part of the defendant city and no evidence that the ) defendant knew or should have known of the alleged dangerous condition, this too is the duty situation present in the case of an invitee. Yet a trial judge might be persuaded, in a similar fact situation involving injury in a public park, to find as a matter of law that the plaintiff was a licensee, and thereby invite the likelihood of appellate reversal. In the case of Onstott IJ. Alleglwny County, 338 Pa. 206, 12 A.2d 785 (1940). involving injury to one who entered a restricted part of the defendant's public park, the plaintiff was held to be a gratuitous licensee because he had entered the restricted area solely for his own purposes. The fair inference is that if the accident had occurred in a non-restricted area he would have been held to be an invitee. On occasion, a trial judge will give a verdict directing instruction based upon the specific fact findings available to the jury without reference to the legal status of the plaintiff, as in the case of Parsons IJ. Drake, 347 Pa. 247, 250, 32 A.2d 27 (1943), where the jury's attention was focused on the facts from which the purpose of plaintiffs entrance upon defendant's property could be ascertained. The compulsion or need to label touches diverse fact situations and the desire to fit the facts into the appropriate slot requires involved polemics resulting in distorted and frequently inequitable results. A dramatic example was portrayed in the case of Walsh IJ. Sun Oil Co., 437 Pa. 80, 88-91, 262 A.2d 128 (1970). where the legal status as invitees or licensees of firemen injured by an explosion on the burning premises had a controlling bearing on their right to recover damages. The distinctions between invitees and licensees have been diluted, dissipated, confused, and fragmented to the point where they have largely lost their validity and could well now be 2of5 ,;~...," , 1 ~.~ ''''.U"~ 7.00 abandoned. (The situation of the trespasser is patently different, and a more restricted duty is applicable in that situation.) A steadily increasing number of jurisdictions have concluded that the differences between the common-law categories should be abolished and are not compatible with modern tort law. Included in this modern trend in the United States to restore stability and relevancy to our tort law, and to eliminate harshness and inequity and reduce confusion are the jurisdictions of California (Rowland v. Christian, 69 Cal.2d 108, 70 Cal. Rptr. 97, 443 P.2d 561 (1968)), Colorado (MrJe High Fence Co. v. Radovich, 175 Colo. 537, 489 P.2d 308 (1971)), Hawaii (Pickard v. City and County of Honolulu, 51 Haw. 134, 452 P.2d 445 (1969)), Minnesota (Peterson v. Balach, 294 MiDlL 161, 199 N.W.2d 639 (1972)), Massachusetts (Mounsey v. Ellard, 363 Mass. 693, 297 N.E.2d 43 (1973)), and the District of Columbia (Smith v. Arbaugh's Restaurant, Inc., 469 F.2d 97 (1972)). Bince 1957, in England, the distinction between invitees and licensees has been abolished (Occupiers' Liability Act, 5 & 6 EIiz. 2, c. 31). All the above-cited United States jurisdictions except Massachusetts and Minnesota held that the landowner owed a duty of reasonable care to all visitors including trespassers in abolishing the categories of persons injured while on another's land. Massachusetts in the Mounsey case restricted their holding to those entrants formerly designated as licensees or invitees. Minnesota, in the Peterson case, deferred any decision regarding trespassers until a case involving an injured trespasser comes before it for decision. The opinion of the U.S. Court of Appeals for the District of Columbia, in Smith, supra, and that of the Minnesota Supreme Court in Peterson, supra, analyze in detail the developing changes in the common law and Smith, supra, in particular spells out the absurdity and damage to our legal system in retaining the ancient and discredited common-law distinctions. It is interesting to note the expression of the U.S. Supreme Court in refusing to import into the admiralty law the common-law concept distinguishing between an invitee and licensee because of the confusion and conflict created by the classifications and subclassifications bred by the common law. In Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625, 631, 79 S. Ct. 406, 410, 3 L. Ed. 2d 550,554--5(1959), Mr. Justice Stewart wrote for the court: The distinctions which the common law draws between licensee and invitee were inherited from a culture deeply rooted to the land, a culture which traced many of its standards to a heritage of feudalism. In an effort to do justice in an industriaIized urban society, with its complex economic and individual relationships, modern common-law courts have found it necessary to formulate increasingly subtle verbal refinements, to create subclassifications among traditional common-law categories and to delineate fine gradations in the standards of care which the landowner owes to each. . . . Through this semantic morass the common law has moved, unevenly and with hesitation, towards 'imposing on owners and occupiers a single duty of reasonable care in all the circumstances.' . An exception to the general rule of law stated in Instruction 7.00 has been created by the passage of the Act of February 2, 1966, P.L. 1860, 68 P.S. ~ 477-1 et seq., particularly in section 4 (~ 477-4) as follows: 3 of 5 ,,~ . ~ ", 7.00 Assurance of safe premises; duty of care; responsibility, liability Except as specifically recognized by or provided in section 6 of this act, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby: (1) Extend any assurance that the premises are safe for any purpose. (2) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed. \ (3) Assume responsibility for or incur liability for any injury to persons or property caused by an act of omission of such persons. Although the committee has urged the abolition of the distinctions between invitees and licensees, the duty of reasonable care to one lawfully on the property is a well-founded principle of American jurisprudence. With respect to persons lawfully on the premises at the invitation of the owner without charge, who use the property for recreational purposes, there appears to be no duty of reasonable care under the above act. Not only may a private party raise 68 P.S. fi 477-1 as a defense, but it also works to extend immunity to the Commonwealth. Auresto v. Commonwealth Dept. of Environmental Resources, 490 A.2d 492 (pa. Cmwlth 1985), cert. granted. 508 Pa. 604, 499 A.2d 577 (1985), rev'd, 511 Pa. 73, 511 A.2d 815 (1986). The Pennsylvania Supreme Court rendered the first indication of the type of land to which the Recreation Use of Land and Water Act would apply in Rivera v. Philadelphia Theological Seminary of St. Charles Borromeo, Inc., 510 Pa. I, 507 A.2d 1 (1986). The Rivera court held that an enclosed swimming pool does not fall within the meaning of 68 P.S. ~ 477-4, which provides immunity fur owners of buildings, structures, machinery, or equipment, when they are attached to real estate, fur injuries to persons who use the premises without charge. The Rivera court further maintained that the ''Recreation Use Act is therefore designed to encourage the opening up of large, private land holdings for outdoor recreational use by the general public. .. ." Id. at 15, 507 A.2d at 8. In footnote 17 of the Rivera case, the court gives a tangential indication of the type noted that "[t]he need to limit owner liability derives from the impracticability of keeping large tracts of largely undeveloped land safe for public use." Id. at 15, n.17, 507 A.2d at 8 n.17. Relying on Rivera, the court in McNeill v. City of Philadelphia, 522 A.2d 174 (Pa. Cmwlth. 1987) concluded that the scope of the Recreation Act was not broad enough to include a city park/playground area. In an appeal upholding preliminary objections, the McNeill court reversed the lower court and refused to grant immunity to the city. Following the Rivera rationale, the McNeill court asserted that the Recreation Act was designed to apply to large private landholdings on largely unimproved land. illtimately the McNeill court indicated that the mere fact that the city owned and operated the park/playground area leads "to the inference that such a location could not constitute 'largely unimproved land' within the meaning of Rivera. Id. at 503, 522 A.2d at 179. See also Walsh v. City of Philadelphia, 558 A.2d 192 (pa. Cmwlth. 1989) (court further extended immunity under the Recreation Act). 4of5 ~-= ~~ ~~~ ~'O(.iAA;iki: 7.00 \ The Supreme Court in Walsh v. City of Philadelphia, 526 Pa. 227, 585 A,2d 445 (1991), held that the immunity afforded by the Recreation Act did not extend to the owner of a paved inner-city playground. In reaching this holding, the Walsh court stated: When a recreational facility has been designed with improvements that require regular maintenance to be safely used and enjoyed, the owner of the facility has a duty to maintain the improvements. When such an improved facility is allowed to deteriorate and that deterioration causes a foreseeable injury to persons for whose use the facility was designed, the owner of the facility is subject to liability. We do not believe that the RUA was intended by the Legislature to circumvent this basic principle of tort law. ld. Slip Op. at 12. ) Third Party Criminal Acts In FeU v. Merriam, 314 Pa. Super. 414, 461 A,2d 225 (1983), the Superior Court indicated that in all areas of the leasehold under a landlord's control, the landlord is under a duty to provide adequate security to protect his or her tenants from the foreseeable criminal actions of third parties. The Supreme Court reversed, Feld v. Merriam, 506 Pa. 383, 485 A,2d 742 (1984), holding that in Pennsylvania there continues to be a general rule against holding a person liable for the criminal conduct of another. The Supreme Court noted an exception to that rule-where a party assumes a duty, whethe~ gratuitously or for consideration, and so negligently performs that duty that another suffers harm. This duty is based on Restatement (Second) of Torts S 323. Where the defendant voluntarily assumed liability for security by placing bars on other tenants' windows where burglaries had occurred by burglars entering through the windows, a verdict for the plaintiff was affirmed even though the lease contained terms that it was an "as is" lease containing no other representations beyond those specifically mentioned. Johnson v. Goldstein, 864 F. Supp. 490 (E.n. Pa. 1994). 5 of 5 """"'"*> -~,.- 1:\,: 7.00A ~\ 7.0DA (Civ) (OWNER) (OCCUPIER) OF LAND (Public "Invitee" and "Business Visitor" Defined) A public invitee is a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public. A business visitor is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the (owner) (occupier) of the land. ') ! Copyright ~ 1997 The Pennsylvania Bar Institute lofl Date of Last Revision March 1997 '""""'~ ,~ ~ , w." 1iIfuio-. 7.00B 7.00B (Civ) (OWNER) (OCCUPIER) OF LAND (Duty of Care Owed to Invitees) An (owner) (occupier) of land is required to use reasonable care in the n>aintenance and use of his or her property, and to protect his or her invitees from foreseeable harm. An (owner) (occupier) ofland is also required to inspect the premises and to discover dangerous conditions (and to use care not to injure a business visitor by negligent activity). An (owner) (occupier) of land is liable for harm caused to his or her invitees by a condition on the land if he or she (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm, and ,~ (b) should expect tbat his invitees will not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect then> against the danger. An (owner) (occupier) of land is liable to his or her invitees for any harm he or she should have anticipated, regardless of whether the danger is known or obvious. SUBCOMMITTEE NOTE Restatement (Second) of Torts fifi 343, 343A; Carrender v. Fitterer, 503 Pa. 178, 469 A.2d 120 (1983); Skalas v. Higgins, 303 Pa. Super. 107, 449 A.2d 601 (1982). The above instruction is based substantially upon the Restatement (Second) of Torts Sections 343 and 343A, and as discussed in Carrender, above. In Carrender, the Supreme Court initially noted that Pennsylvania continued to recognize the common law distinctions of "trespassor, licensee or invitee.>> Carrender involved a plltient of a chiropractic clinic who injured herself after slipping on ice in the clinic's parking lot. The court stated that the isolated ice patch constituted an obvious danger and as such the landowner hlld no duty to protect an invitee from such peril, ''unless the possessor should anticipate the harm despite such knowledge or obviousness." Carrender, 503 Pa. at 185, 469 A.2d at 123, citing Restatement (Second) of Torts, fi 343 A. (1965). The court rejected the application of the comparative negligence statute where the plaintiff knowingly encountered an obvious danger which caused her injuries, since under that scenario the possessor of land is relieved of a duty of care to the invitee. Carrender at 188-89 citing Schwartz, Comparative Negligence fi 9.4 at 168-69 (1974)~ Copyright \!) 1997 The Pennsylvania Bar Institute 1 of 1 Date of Last Revision March 1997 .Jl'''_'~~ >-~ . --, Cl,,; 7.00C 7.00C (Civ) (OWNER) (OCCUPIER) OF LAND (Duty of Care Owed to Licensees) An (owner) (occupier) of land is required to use reasonable care to make the land as safe as it appears, or to disclose to his or her licensees the risks they will encounter. An (owner) (occupier) of land is liable for harm caused to his or her licensees by a condition of the land, if (a) the (owner) (occupier) of land knows or has reason to know of the condition, should realize that it involves an unreasonable risk of harm, and should expect that his or her licensees will not discover or realize the danger, and (b) the (owner) (occupier) fails to use reasonable care to make the condition safe, or to warn his or her licensees of the condition and the risk involved, and (c) the licensees do not know or have reason to know of the condition and the risk involved. SUBCOMMITTEE NOTE 'j Restatement (Second) of Torts fi 342; Oswald II. Hausman, 378 Pa. Super. 245, 548 A.2d 594 (1988). A tenant is not required to prove that he or she was unaware of a dangerous condition on the landlord's property, and subsection (c) should not be given in a landlord-tenant case. Pugh II. Holmes, 486 Pa. 272, 405 A.2d 897 (1979); Keck II. Doughman, 392 Pa. Super. 127, 572 A.2d 724 (1990). Copyright@ 1997 The Pennsylvania Bar Institute 1 of 1 Date of Last Revision March 1997 ~~-\ ~ 'is:F~,t"!!t .."l.",-L,=" ","\-i",,;l!;;~1b."'C'" ;,,~,,:,,'" il>l;',!Oltl"""-,l,r;~f,;;;;'i.!;,,.,,;:,,_,,)-(J""J;;Ji'>j'~"'Iu,'n.40'''''''",J-''''''-''' .~!. " ~ ._c~. ~g>. m ---l.'? ..:e. ..m V> ~ _ f ~ 4-\ -~~ ~ ~~..~ -~~'~ ~-~- ,~ ...::c _m..- ~ ~O ~ -7- V\ ~~.t;:~ ~ 'b ~<' ~...,.. <'1".<'''''' - . '~"d,'~,~ --s-:-~ , ~ <J. --- -;) -~~ ~._-~ DA'TE; - 7/ 17/2000~:OFFLCE;,~.P~?;~jiOt\tOT~RY SliCKS COUI~'r"". ~'I.\AE,':lA,"'2 ~ -- Cb.,~ ,,,,,",SE DOCLET ,INFORMATIot-.l'~, r"AGE, '1 D(JCt<E~TH 2 QOO- 01'186 00 - S'.:2~ Ctc..>;'(l~, JUDGE J.. RUFE GLASS .... TEfESPA'S8 ,-=--0' - -.N"~ SHHUS ~A PL{'iINTIFF 19067 ~ :~ DEFE1\lDANT \18 J';NOSI<Y T-\SHLEY ~~ 6056_ EDi"ARD DR 1 VE l'1ECHAN I CSEURG PA _ 17055 ~~ BORDEI\! 481 HAl"IIl.TON BLVD MORIUSVILLt i"A - ElL EEI-.I 11Ct<Et~NI'~ _ MICHAEL. J. ~~ ATTYS GONZALES J,OHN J. .~ . VS ~DOEf3 6056 EJJWARD DF I VE ~r'IECHAi\lICSBURG --PA JOHW'1'~'5 -~-- _1'7D5!:: ~~~ ATTYS t\lONE 03092000 ~OMPLAINT IN TRESPASS. OTHER PEF\SOI'.JAl.INJUFY FILED. PA I D 16L~. 50 APPE,~F\At\lCE OF MICHAEC DE11AND FOR DAt1AGES IS 03102QOO RECEIVED lNSHEP.IFF'S I',MOUNT PA I D $48. DD.. O~(l52:000 SHER I FtO' RETURN -FROM _ (2 U ~COUNJY. DEFENDANT ASHLEY.l<NOSf<Y SERVED PUF,SUANT TO PA, R, C. p, tl402 (A) ( I ) SERVED DEFENDANT ASHLEY ~ I<:NOSI<Y PERSONA l.. L Y .' . c: ~. 04H2000 f'{4PERS RE',URNED TOPHOTHDNOTARY. INVOICE 111'ilLED TO~ _~~_ MICHAEL ~J, i'ICf<ENNE. ~ ESO; . TMNSACT 101'.(':*00 _103l91 . REFUND, ('5l52Il<)<) PF,El.. I!'1I!'.JAF\Y OBJEcnDl-.lS. FILED BYu DEET TO PL TES COI1Pl..A INT :'1EMORANDUI1 OF .l~AI~ FILED, AFFI DAV IT, OF. ,SERV I CE BY MA I L FreED. ORDER FOR APPt"AF,ANCE FORDEFEI\IDANT ASHLEY f':NOSf<Y Oi'~L Y ,;PPEARAi'.JCE OF JOHbLGot)ZAlES ESQ, .EI'1TERt:D JUHY OF l2~-DE"IANDED. ~ 8M 05252UOO PEPL YF I L!'c[) , BY Pl TFS~~TO f'PEL OBJS ON BEHALF OF DEFT ASHl.EY t<NOS1<Y. SJ AFFIDAVIT OF BER\/ICEBY aC,lL FILED.~"'" SJ STIPUlATlON OF COUNSEL FILED,SOH TO JUDGFTOR SrGI'~ATURE" SJ ORDEj" 'APPROV lI\1GSTIP[J[ATIDI-.I OF counSEL ENTERED '_. .JOHN J PUFE. L ME NOTI\:E OF FIL.It% OF ORDHl OF THECOUET_-UNDER P_.A.R.C.P" tl236 t'1AILED_J'1B~ TD JDHN J' GONn,u::.8 ESC;l~ mCHAEL J 1"1Cf'::E:Nl\IFLESQ. ~ADDRESSES IN FI LE." Q71:321::rmLPF\{,ECI PE F I I_ED TO FoaWAt\D R.ECQF\DFI L.ED BY DEFJ~ ASHLEY I<NOSYY. ~_..Slv'! J MCI<ENNA., E"Q.. EnTEf\EDFQFZ Pl.AINTIFF': I.N -EX:CESEC, OF $50.000. OD. -OFFICE FOP SERVICE-TRANSACTION ~jWOo 1 D;!r't:t sr'! 8M ~C-T ~ ~.~ CT ~~'CT ~ ~,-_ CT - -$72.68. 8H --:-:BH Br: B" " Ot:)2820DO (171020.=00 0711 S"ClOO BH~ E~ND OF C,;SE ,. ,,~ -4,~_~~- Co"n'" C"~D . S ~ ~ ..... r" .,....~ '0-:';:. .::> - - t da h2'"bv certify.~!hG:~fh Within ~ ~~d f7J;M~i!eS!ed~OPY in ihc \lv1~hin 6::'"'~1i1ed~cG::e as' the same re- ~ __~. a~ so it~~Jrt OfCorrimO:Pleas ~ "'. ~ . Deputy Prothonotary - ~ ~. "-' . "--"':"-..iJ1._'" ~. .... .w8W";'- ;;~ <c-~~~:??~}~~EEi.~if./f:;ZL.~.;;~;~~ .~. ,,~~~~;ft; ;"~'--'~r;;..e',{,;,~~' -",.,~..,~,--~"""~ y JOHN J~ GONZALES, ESQUIRE ATIORNEY I.D~ # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 "~?i1~~R~~~i~i~;~I~i~~~.Ijf-i:iJ~;'~ilJ! Attorney for Defendant, Ashley Knosky b-c'3/- 101 1 EILEEN BORDEN 481 Hamilton Blvd~ Morrisville, PA 19067 v. COURT OF COMMON PLEAS BUCKS COUNTY No~ 00-01486 - I '6. z.. CIVIL ACTION - LAW g <- <= JURY TRIAL OF 12 DEMANDED:;;:: N c:J c' '1-C .~.SHLEY KNOSKY 2nd JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 .........::0 ;::':;c;:;.: o:jr: :;:::::;::::::~ L0':::;:: :- ::-:c< ~>~ ::;:z '" (., "" STIPULATION It is hereby stipulated by and between the parties herein, through their undersigned counsel, that this action be transferred to the Court of Common Pleas of Cumberland County, Pennsylvania. / j Ichae!l3. Mcnna, Esquire Attorney for Plaintiff Approved this J t}t:L day of.J J, 2000. BY~"""~ J. Jdfin J. Ruf.. - J. Coun~~r (:'7 2'}r:k~ 5.3 i ,,:., ,~,---'-'~r^,"~" f ~I .. ~h~ _.~ , -;':"-.".}' ',~'-.:Jl!fY :na T:.~ ill/if In ~,;.c: ~(~~(~~~.'~d~Oi1esfed copy \" l~ G, ._",,:::,~, (C~'R os the same re- cfns on me h the Court' of Common Pleas oJ eputy Prothonotary Jr,;:;;~::"'~~~'1~~Z;;~".':l' '~"-:_iiW": . ~"I"""' f1'lllJ .".~ ~., ,. . , 'i!llisi' ',,- " ,~""".. "' ,-;- Ir_ o o 005576.00052 . MCKENNA AND MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 (609) 665-7771 Identification No 35321 Attorney for Plaintiff, EILEEN BORDEN 481 Hamilton Blvd. Morrisville, Pa. 19067 Plaintiff COURT OF COMMON PLEAS BUCKS COUNTY TRIAL DIVISION TERM 00001486 ASHLEY KNOSKY and JOHN DOES 1- through 5 6056 Edward Drive Mechanicsburg, Pa. 17055 CIVIL ACTION - LAW Defendant. PLAINTIFFS' REPLY TO PRELIMINARY OBJECTIONS ON BEHALF OF DEFENDANT ASHLEY KNOSKY c::> 0 o "Tl~"'O ::E 00::0 Defe~n~~~ ~ ;X::I:G <,nO 1""1 :J>Io ,,5< 3 O-;/T! - C::J>O .. %:;0 Coo) --1-< Coo) ~. Plaintiff, Eileen Borden Answers and Responds to Ashley Knosky's Preliminary Objections. Preliminary Objections as follows: 1. Admitted. 2 . Admitted. 3 . Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied, but if true, pursuant to Rule 1006(3) (e)if objection to venue is sustained and there is a county of property venue within the State the action shall not be dismissed but shall be transferred to the appropriate court of that county. . . ,'.". .;;,~ "\ i';-~' . ~, ~- :~~,;> - , . ~- 005576:0006~ o o M A Based upon defendant's preliminary objections, if proper venue would be Cumberland County. ~ ~ /c .< ._'~" , ' .' ,',., ,..:';: ~'_~,,- _;;,t. -, ,,;-,,~.,- . OC557F00052 o o CERTIFICATION OF SERVICE (: The undersigned, Michael J. McKenna, Esquire, hereby 1 i I., , !' certifies that a true and correct copy of the foregoing was served ~: on the following person by placing a copy of the same in the first I , ,~ t. class U. S. Mail on May 19, 2000, postage prepaid, addressed as follows: I: t John J. Gonzales, Esquire 1200 Bustleton Pike, Suite Feasterville, Pa. 19053 MIC ~. ~ .-'-' '_l;;,' -_ ',:,- ---, "" -- ~'_" --=-~' ,~ -.-" i-,-,i-_~' .-, ._0' '" " - ,--,',--'-; ''''';'_'''":;~~"'';-.', ' ",,->, ~''''~'-',' ^""_"-""~'o c_'';-_~_~'._c___' ' . _"'. "-'6''- Ie r v 005564 -00106 ., JOHN J. GONZALES, ESQUIRE ATTORNEY 1.0. # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 . Attorney for Defendant, Ashley Knosky EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA 19067 COURT OF COMMON PLEAS BUCKS COUNTY No~ 00-01486 v~ CIVIL ACTION - LAW ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 JURY TRIAL OF 12 DEMANDED To: THE PROTHONOTARY Enter my appearance on behalf of Defendant, ASHLEY KNOSKY, only in the above stated cause. JOHN J Attorne co CJ ;] en - . . ,'--~, -. "'" :n: - -- .. ;~,f_,"' ,"'.. .-i'''';' - w ,~= < ~ _.~',. ,'- . 1" . .1' EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA 19067 v. , -" ... '~-',' - ",~,-...-., ~~,' ,"",;' ,~,. '.-~~' "~-'",~,,-"=-"~'" .~'_~--.",,-,~.- -~-<" . ,J05562 . 00004 IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY No. 00001486 CIVIL ACTION - LAW ASHLEY KNOSKY and JOHN DOES 6056 Edward Drive Mechanicsburg, PA 17055 AND NOW this JURY TRIAL OF 12 DEMANDED ORDER day of , 2000 upon consideration of Defendant's Ashley Knosky's Preliminary Objections raising lack of jurisdiction, it is hereby ORDERED and DECREED that Plaintiffs complaint is dismissed for lack of jurisdiction. ~- >~,~~ 'y.,,,-~ l~' )' .- '. Y@ J. '-_. ~'" .~.",,,-,,"_" ._,~,' _".'"~___._"_ "_, ._""" ,"'" O-"_,~..~,c<~_ ,_,_' c..'--' - ~ - -, 'e "Me ,- "'_'_"-",' 'j/(' . t . cJ05562 . 00004 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a jUdg~red against you. JOHN J. GONZALES, ESQUIRE ATTORNEY I.D. # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 Attorney for Defendant, Ashley Knosky EILEEN BORDEN 481 Hamilton Blvd~ Morrisville, PA 19067 COURT OF COMMON PLEAS BUCKS COUNTY No~ 00-01486 v. D c.:J ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED 01 DEFENDANT ASHLEY KNOSKY'S PRELIMINARY OB.JECTIONS TO PLAINTIFF'S COMPLAINT -- IMPROPER VENUE Defendant Ashley Knosky by and through her attorney, John J. Gonzales, Esquire, files the following Preliminary Objections raising improper venue pursuant to Pa.R.C.P. 1028 (a)(1), and in support thereof avers as follows: 1. This is an Action in Trespass brought by the Plaintiff, Eileen Borden, a resident of Bucks County, Pennsylvania. A true and correct copy of the Plaintiff's Complaint as filed at Bucks County Court of Common Pleas Docket # 00-01486 is attached hereto and made a part hereof and marked as Exhibit "An. 2. Your Moving Defendant is Ashley Knosky, an adult individual and a resident of Cumberland County, Pennsylvania. ! '--- .It ~ , ~, ::~ "---',,-'-':(' '-",-" .:.n ~ :?l: ':.;.---..! , __I -- ' :":"-: :':"J ~- ::: ~~<~ w -"'. .- - ~ ->- ,'~ ~ ~, --";-. ,~ ,.. -, '--~-" '-. ""~'" . =,~ -.~ .,- '" """,,,,,.' - ~. "--- T . . o 00556l. 00004 . 3. Co-Defendants are "John Does, 1 through 5", individuals or entities whose identity is unknown to your Moving Defendant, but who Plaintiff avers are "record lessors", having an address of 6056 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania. (See Exhibit "A" at caption and para. 2.) 4. Plaintiff seeks damages from Defendants for personal injury which allegedly took place at the Defendants' premises situate at 6056 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania. (See Exhibit A at para. 3, et seq.) 5~ Your Moving Defendant has no mailing address or other significant contacts with Bucks County, and was, in fact, served by Plaintiff with original process via deputized service in Cumberland County. 6. Co-Defendants "John Does, 1 through 5", who are averred by Plaintiff to be residents of Cumberland County, have not been served with original process to date. Plaintiff does not aver any contacts whatsoever of Co-Defendants with Bucks County. 7. Pursuant to Pa.R.C.P. 1006, Bucks County is an improper venue for this action, because the cause of action arose entirely in Cumberland County, all Defendants are residents of Cumberland County, and no Defendant may otherwise be served with original process in Bucks County. WHEREFORE, Defendant Ashley Knosky requests that this Court sustain her Preliminary Objections and dismiss Plaintiffs Complaint for i proper venue. By: ES, ESQUIRE efendant, Ashley Knosky _"'e' .~I I I ! L . -~ - . __" - P" ."_' . _=. ._" ~, ._'~.'_ . ,_. _ , "".. . ~, ---e---"'.--"~' _" _~.'_" ,~- '-"~-, ,--..~., "0 ,. ,. .~, . T l '. . 00556~ . 00004 . , L VERI FICA TION I, JOHN J. GONZALES, ESQUIRE, hereby verify that 1 am the attorney for Defendant, Ashley Knosky, and that I am authorized to make this verification on her behalf. I am familiar with the facts alleged in the foregoing Preliminary Objections, and the facts alleged therein are true to the best of my knowledge, information and belief, understanding the penalties for unsworn falsification to authorities under Pa. CS. Section 4904. 04/10000, 1~"41 FAX 717 730 9110 o .d ~". ,-, ~~ ACaRDIA NORTHEAST ~004 .05562' 00004 THIS IS A MAJOR JURY MATTER EILEEN BORDEN 481 Hamilton Blvd. Morrisville, P~. 19067 Plaintiff vs. ASHLEY KNOSKY iffid JOHN DOES 1. THROUGH 5 6056 Edward Dr~ve Mechanicsburg, PA. 17055 Defendant. : Michael J. McKenna, Esqu~re : LD. No. 35321 : 648 Longwood Avenue , Cherry Hill, New Jersey 08003 , , : COURT OF COMMON PLEAS : BUCKS COUNTY , TRIAL DIVISION , , , : TERM O(j001486~ : COUNTY , , , NO: , , : CIVIL ACTION - LAW , , , o o ...". ~ = I = o "" CDo_ C::---4M ~:It"':. ;';::crr;. ....."::c:.- "7'Jo< a:-1~ c:':::---" ~~ ~~, ~ N. W ~--< -.' COMPLAINT - 2120 - M.".JOR JURY TRIAL .1. Plaintiff, Eileen Borden, is an adult individual residing at 481 Hamilton. Blvd., Morrisville, PA. 2. Defendants, Ashley Knosky and John Does 1 through 5, are Drive, Mechanicsburg, PA. the record lessors of the real property located at 6056 Edward Borden, was an invitee in the 3. On OJ:"' about November 8~, 1998,~ the Plaintiff, Eileen of Mechanicsburg, PA. premises Edward '16056 I Drive, 4 _ While walking down the~ steps in the morning Plaintiff put her left foot down on the floor and the floor was uneven due to the fact that Defendant started to rip up her slate and parcel board flooring so she could replace it with another floor covering, which caused the Plaintiff to fall and sustain serious and permanent injuries as more specifically described herein. EXHIBIT "A" . ..~. " 0~/I0~00, la:42 FA! 717 730 9110 AcORDrA ~dRlHEASf ~005 .' 15562.00004 c COUNT I Eileen Borden vs. ~shley Knosky S. Plaintiff, Eileen Borden, incorporates by reference paragraphs 1 through 4 as though same'were set forth fuily herein at length. 6. At all times material hereto, Defendants, Ashley Knosky and John Does 1 through 5, were in exclusive possession, =agernent and control of the premises located at 6056 Edward Drive, Mechanicsburg, PePJlsylvania. 7. At all times material hereto, Plaintiff, Eileen Borden, was an invitee lawfully Upon the premises situate at 6056 Edward Drive, Mechanicsburg, Pennsylvania. 8 _ The slip and fall was caused exclusively and' solely by ~ the ~ Defendants' negligence, carelessness, and recklessness in that: (a) Defendants caused or permitted the floor of the premises to be in a dangerous condition, whiCh condition created a substantial risk of injury to all persons using said property I in any manner in which it was reasonably foreseeable that it would be~used_ '[ ~ , reasonable inspection of the (b) Defendants failed to make a premises, which would have revealed the existence of the dangerous condition~posed by the~ insufficient and improper care of the floor. (c) Defendants failed to~give warning of the dangerous condition posed by the insufficient and improper care of the floor, or take any other safety precautions to prevent -~-Wlt-'-, y' '- . ~. - .. , - 04/10/00 12:42 FAX 717 730 9110 , ACORD!A N~R1AEAsf ~006 ~~556tl' ~~~~4 o c injury to the Plaintiff and other visitors. (d) Defendants failed to maintain the property. (e) Defendants violated the ordinances of Mechanicsburg, pennsylvania pertaining to the maintenance of buildings and facilities. (f) Defendants were otherwise negligent under the circumstances. 9. Solely as a result of De=endants' negligence, 'I carelessness, and recklessness, Plaintiff sustained injuries to her body including but not limited to a fracture of the left fifth metatarsal shaft, which has caused Plaintiff~ great pain and suffering, which may cQntinue for an indefinite time in the future and may be permanent. 10. Solely as a result of Defendants' negligence, carelessness' and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries ~ ~~~ 11. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties. I WHEREFORE, Plainti~ff , Eileen Borden, claims damages of the Defendants, Ashley Knosky and John Does 1 thro'-\gh 5, in an amount in excess of $50.,000.00 together with interest and costs ~ COUNT II Eileen Borden Vo Ashley Knosky 12. Plaintiff, Eileen Borden, incorporates by reference paragraphs l through 11 as though same were set forth fully herein ,~ "~--=- "~ [,': 04/10/,00" 12,43 FAX 717 730 9110 ACORDIA NORTIlilAST 14J007~ '. o .005062 '00004 at length. 13. At all times material hereto, Defendants, Ashley Knosky and John Does 1 through 5, a public entity, were in exclusive ~ possession, , .. I 6056 Edward Drive, Mechanic sburg , Pa. I I was an invitee lawfully upon the premises situate at 6056 Edward management and control of the premises, located at 14~ At all times material hereto, Plaintiff, Eileen Borden, Drive, Mechanicsburg, Pennsylvania. [ 15~ The slip and fall was caused ex~lusively and ~ol~ly' by the Defendants' negligence, carelessness, and recklessness in~ that: (a) ~Defendants caused or permitted the floor at the premises to be in a dangerous condition, which condition created a substantial risk of injury to all persons using said property in any manner in which it was reasonably foreseeable that it would be used, (b) Defendants failed to make a reasonable~ inspection of the premises, which would have revealed' the existence of the dangerous condition posed by the insufficient and - ...'.~' ~.. . improper care of the floor. ~ '[ (c) Defendants :ailed to give warning of the dangerous condition posed by theinsuffic~ent and improper care of the floor, or take~any other safety precautions to prevent injury to the Plaintiff and~other visitors. (d) Defendants failed to keep the maintain the property. (e) Defenda!lts violated the ordinances of Mechanicsburg, Pennsylvania pertaining to the maintenance of buildings ,< " ~~ " 04/10/00 " 12:43 FAX 717 730 9110 ACORDIA ~NORTlIEAST 141008 Y . . o Oij55~l' 00004 o and facilities~ (f) Defendants were otherwise negligent under the circUlllBtances. 16. Solely as a result of Defendants' negligence, carelessness, and recklessness, Plaintiff sustained injuries to her body including but not limited to a fracture of the left fifth metatarsal shaft, which has caused Plaintiff great pain and suffering, which may continue for an indefinite time in the future I and may be permanent. 17. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries. 18. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties. Wh"EREFORE, Plaintiff, Eileen Borden, ~claims damages of the Defendant, Ashley Knosky and John ~Does 1 through 5, in an amount , in excess of $50,000.00 together with interest I and costs. -:-,~..=-..- COUNT I II Eileen Borden vs. Ashley Knoskv 19. Plaintiff incorporates by reference paragraphs 1 through 18 as though same were set forth fully herein at length~ 20~ As a result of their combined effects of the above named Defendants, the Plaintiff, Eileen Borden, was made to suffer the aforementioned damages all to her great financial damage and loss. 21 ~ The combined effects of the above named Defendants' J'. 04/10':00" 12,: 44 FAX 717 730 9110 ACORDIA NORTHEAST 141009 " o .005562' 00004 various acts and/or omissions resulted in the aforementioned damages, the extent of which were made greater by the aggregate of their respective acts. 22. But for the various acts and/or omissions of the ~aforementioned Defendants, the Plaintiff, Eileen Borden, would not have suffered damages to the extent, duration or nature of these distinct but concerted acts of the above named Defendants. WHEREFORE, Plaintiff, Eileen Borden, claims damages of the 'I Def~ndants, Ashley Knosky and John Does 1 through 5, in an amount in excess of $50,000_00, together with interest and costs. Dated: March 3, 2000 MICHAEL J _ M' NNA, ESQUIRE AttQrney for Plaintiff --....,.....- . ~ -- ~.aMf<!i; , , 'i , :1 ,~, r ,~- , 04/r~/OA +2:44 FAX 717 730 9110 ACORDfA~NORfHEAsf ~, o COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF BUCKS 141010 ~~556l' ~~004 . VER.IFICATION MICHAEL J~ MC KENNA, ESQUIRE, hereby states that he is the attorney in this action and verifies that the statements made' in the foregoing pleading are true knowledge, information and belief. and correct tot he best of his 'I The undersigned understands that the statements there are made subject to the penalties of 18 Pa. c.s. S4904 relating to unsworn falsification to authorities. Dafed:~ March 3, 2000 .^ MICHAEL J. ., , . ~ c . . ..~~~ ,-,-~,".<'-__"," "__C'.. '-r....". ",',~,',n""-'-.,',.,,",,",,",,-, ,=" "',~~;,, "-..,-->..,"",,> "-""_",,,,-,_;'<"",,,,,-_,,~.,.., '_~""~~>""~';!"__'" ,,__. , " , - o .005562-00004 JOHN J. GONZALES, ESQUIRE ATTORNEY 1.0. # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 Attorney for Defendant, Ashley Knosky EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA 19067 COURT OF COMMON PLEAS BUCKS COUNTY No. 00-01486 v~ ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED DEFENDANT ASHLEY KNOSKY'S MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS This Memorandum of Law is submitted in support of the Preliminary Objections of Defendant Ashley Knosky to Plaintiffs Complaint. I. Factual Background Plaintiff has brought this cause of action in Bucks County against Moving Defendant, Ashley Knosky, and Co-Defendants, "John Does, 1 through 5". This is an action in Trespass, in which Plaintiff seeks damages from Defendants for personal injury which allegedly took place at the Defendants' premises situate at 6056 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant, Ashley Knosky, is a resident of Cumberland County, Pennsylvania. Although the identities of Co-Defendants "John Does, 1 through 5" are unknown by Ashley Knosky, Plaintiffs complaint avers that these Defendants are "the record "'"'."~' ~,,_,~>>.~",,_,co-_~,,-...,-... ..-"",".., , '--" "".;,~__",.w_ _, _~,~ "'",,,~,"_'""~_ ~~"'_"'~__'_'~_~',...~~"' ,,'," " , , - . . 005562 - 00004 lessors of the real property located at 6056 Edward Drive, Mechanicsburg", in Cumberland County, Pennsylvania. Further, Plaintiff's caption to the Complaint indicates that Co-Defendants have a mailing address of 6056 Edward Drive, Mechanicsburg, in Cumberland County, Pennsylvania. Based upon Plaintiff's Complaint, and in fact, none of the Defendants are residents of Bucks County Pennsylvania. Further, your Moving Defendant believes and avers that none of the Defendants may otherwise be served with original process in Bucks County. Although Co-Defendants have not been served to date, your Moving Defendant was served with original process by deputized service in Cumberland County. II. Question Presented Should Preliminary Objections raising improper venue be sustained wherein an action is brought in Bucks County, but the cause of action arose entirely in Cumberland County, all of the Defendants reside in Cumberland County, and none of the Defendants may be served with original process in Bucks County? III. Suggested Answer Yes. IV. Argument Pursuant to Pennsylvania Rule of Civil Procedure 1006, "an action against an individual may be brought in and only in a County in which the individual may be . ~ - - -~ ,~,. ,- -, '".~_" ",iv'. '.'~'_""'~--'_,,_'"' " ".~,' ~.. -.,;J-iO. ".~ - ..-, -_~;":- :"-,,,--" "'-'''0'; F'" '-". <, ~V_~'__ >;.. ,>,~"'<~,-,,',~- - . " . ,"-c;'J~2' "~-"""-'~-":," -"'iL': 1 J' { , - .~.. ~~ . 00556t -00004 served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other County authorized bylaw." In the case at bar, it is undisputed that Defendant Ashley Knosky is a resident of Cumberland County Pennsylvania. Furthermore, Ashley Knosky is an individual and has no mailing address or other means of being served in Bucks County Pennsylvania~ In fact, Defendant Ashley Knosky was served with original process in Cumberland County. Although the identity of Co-Defendants "John Does, 1 through 5" is unknown to your Moving Defendant, the Plaintiff's Complaint indicates that the Co-Defendants are also residents of Cumberland County Pennsylvania, and are "the record lessors of the real property located at 6056 Edward Drive, Mechanicsburg, Pennsylvania." Plaintiff fails to aver any basis whatsoever for bringing this action in Bucks County as to anyone or all of the Co-Defendants. It is also undisputed that this action is a result of personal injuries which were allegedly sustained by the Plaintiff at Defendant, Ashley Knosky's, residence situate at 6056 Edward Drive, in Cumberland County. Therefore, for purposes of Pa.R.C.P. 1006, this cause of action arose in Cumberland County, and not in Bucks County. V. Conclusion Since none of the Defendants reside or may otherwise be served in Bucks County, since the cause of action did not arise in Bucks County, and since there is no other Rule or Law allowing this action to be brought in Bucks County Pennsylvania, - ,-. " ,. ,.'" - ',,,_" ,_. < -, ..,h.' ,-, _<' , ""0',' ""-" ~ , "'~~"-',~cW" -~J- ._.'_~'~ ".'-~' ,"".'" l "~""'-""-',',.~-',-"''''-'-,~6 ~":",,,,___,_p.-_, "','_._" ~';'_~-'-" " . , ~- . 00556~ . 00004 . your Moving Defendant Ashley Knosky respectfully requests that her Preliminary Objections be sustained and that Plaintiffs Complaint be dismissed for improper venue. L S, ESQUIRE Atto ney f efendant, Ashley Knosky ~~ - J;.lt': * CMD ~->, '<FR> < > COUNTY OF BUCKS PUBLIC ACCE~S SYSTEM CVRD 2041 :~~:~~~~~:~~~~:~:~~~~~~~~:~~~~::~:::::~~~~~~:~~:~~~~~:~~!~~~~~:~~~!~~!~~!~04 PLAINTIFF DEFENDANT BORDEN EILEEN VS KNOSKY ASHLEY DOES JOHN 1- 5 ~ ,II t. ..- ================================================================================ 03092000 COMPLAINT IN TRESPASS, OTHER PERSONAL INJURY FILED. PAID 164.50 5MB APPEARANCE OF MICHAEL J MCKENNA, ESQ., ENTERED FOR PLAINTIFF. 5MB DEMAND FOR DAMAGES IS IN EXCESS OF $50,000.00. 5MB 03102000 RECEIVED IN SHERIFF'S OFFICE FOR SERVICE. TRANSACTION #00 1 03191 CTS AMOUNT PAID $48.00. 04052000 SHERIFF' RETURN FROM (21) COUNTY. DEFENDANT ASHLEY KNOSKY CTS SERVED PURSUANT TO PA.R.C.P. #402(A) (I) SERVED DEFENDANT ASHLEY KNOSKY PERSONALLY. CONTINUED ON NEXT PAGE > CMD~(RT,SR,FR,BR,TR) XMIT -->< > * CMD --> < > < > COUNTY OF OFFICE OF *DOCKET# <2000<01486>START DATE < BUCKS PUBLIC ACCESS SYSTEM CVRD 2041 PROTHONOTARY DOCKET LOOKUP DATE: 05/09/2000 >JUDGE 18 CLASS 2 STATUS A TIME: 14:06 ================================================================================ PLAINTIFF DEFENDANT BORDEN EILEEN VS KNOSKY DOES ASHLEY JOHN 1-5 ================================================================================ 04142000 PAPERS RETURNED TO PROTHONOTARY. INVOICE MAILED TO CTS MICHAEL J. MCKENNE, ESQ. ,TRANSACTION #00 1 03191. REFUND: $72.68. - -. = - - '."~ "-,~" -, .- - .,-,"_-.if_ '~'-,,'-'--_. ''''''''.-,'; ',- '-0;':.\ ,",",,"';:'';;;;. .,. "'~''':c'",w.;'~''-'.\:;;<,.-',_, "',., '-~,'-'\"-"",,- '~"" .:'0'-","1 I J. J j ,'Ill- .-'- . 005562 . 00004 . JOHN J. GONZALES, ESQUIRE ATTORNEY I.D. # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 Attorney for Defendant, Ashley Knosky EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA 19067 COURT OF COMMON PLEAS BUCKS COUNTY No. 00-01486 v. CIVIL ACTION - LAW ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 JURY TRIAL OF 12 DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendant Ashley Knosky's Preliminary Objections, Notice to Plead, and Memorandum of Law in Support of Preliminary Objections has been served by first-class mail, postage prepaid by the undersigned on May 12, 2000 to the addressee stated below at the address below: Michael J. McKenna, Esquire 648 Longwood Avenue Cherry Hill, NJ 08003 By: ;~wJIDmjK1t~~J!~%J,Wg.;:-Y;f~~1i!~W1C4;.Yi:~W<~~'[~~~?Jit{-C!& "'-":}:'-/' --"-:.'4'~' t;-t~j~35" '-.-;;I-'::::-~:;:~':D\~~>-:;'.:.-i,), ~-' i' '"e" 'I , .... " . 20~0Lj oom . ~ of ..l.-. SHERIFF'S RETURN MM ~ .'- Bucks Ul093) Deputize To (~County _ (1 010) Certified Mail~ Pa~ R.C~P~ # _(1103) Post - Pa. R~c;.!':J! , Case # Cd- O/~ Filad~--ZO Action rivi] romp] Flint Plaintiff Eileen Borden vs Defendant Ashlev Knoskv 6056 Edward Drive MR~h"ni~Rh]rg. PA 17055 Served under Pa.R~CJ"~ #402 --,kl(03) Bucks -1L(1014) Deputized Caunty~ -t-lA) (i) Defendant personally s rved -------IA) (2) (i) Famil Mem r_ -------IA) (2) (i) Ad in g -------IA) (2) (ii) a a / Ie t Defts. Lodging _ -------IA) (2) (iii) P s on a ge of Business -------Ic) or (d) r. ee list -------11094) By Posting _ 1011) Certified Mail -------11 (06) Address Served if Different By Handing to /Ish fry I( n().,':!1 Not Served _(1016) Bucks _(1015) Deputized County _(1012) Certified Mail _ 30 Days Ran Out _ Defendant Not Home _ Defendant Moved _ Address Vacant _Def. Unknown ._Dep. Needs Better Add. _ Checked Post Office _ No Forwarding _ Forwarding Address -------11125) Other Twp./Bora By Deputy Witness At /.'5/ a'clack (AM ooon !J!iy..a5; Jl1 The above document was serve~t served on the defendant as per information listed ahove in the County of Commonwealth of Pennsylvania. So answers: Sheriff of County Affirmed and subscrihed before me on this day -..J -..J _ Prothonotary Affirmed and suhscribed before me on this day -..J -..J _ Notary Public My Com. Exp. ---u~ {fcJt:7/(;O ~~1t{;\~tf,J;kt:t~&~!~~~~~]ft~~~~\Wat{ :{~tr{,4!JfJiiQ;l~I~;pn~JIf1-{fl~~if.?[~y,&'f;:~*~~~rti~0j~1~ ;:,""><<\<'_:-'OC," !. ''',-'1.;'> ,,;,C::,,;:,":::;:::;:;:::Lc:J:::;:;:';:'::::~:;; ,,:~, :::;g::::>:k;:;~": .. - . ~~~~~~~ Attorney Michael J. McKenna Esq_ h4R T.ong-w()on-A-vp.ti ('h<>rry 1-1; 1 ~}Rnn? ---l1 013) Invoice mailed on ---.1---.1_ ~ Special" Instructions 1~-IC'f3 : / ~ DUPLICATE RECEIF- ,:<:ECEIPT Ii 20€1€1 1 03191 0 l"f 'ifb TRAi1c"r:TIw' " ,-~Ii ~)"~-~,' ~ .._ 1't-.JH~.1 ~!-1 'It ........ ,",vt"!:J .::~ ~OR M MCKENNA AND i33/ i ~3....'20t10 08 : 5 ;.~ PC #0609825 48.G0 TOTAL PAIG TOTAL COST 48.0(; 48.~:'lfi CHAt.iGE (jJ)0 7HA~W if'OU At'1rl ~:JJffdJdJ@ ~w~'~;~;1i5:~!i;~i~~%'}~i7,;~~~~i~~lS:W]r:0~W:9r~~~2 ~ ~~ " - . SHERIFF'S RETURN - REGULAR 00555W0024 . CASE NO: 2000-00227 T 4C> COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BORDEN EILEEN VS KNOSKY ASHLEY BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KNOSKY ASHLEY the DEFENDANT , at 0013:51 HOURS, on the 5th day of April 2000 at 6056 EDWARD DRIVE MECHANICSBURG, PA 17055 by handing to ASHLEY KNOSKY a true and atte~ted copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. \ Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 2.50 .00 .00 27.32 So Answers: ~~"'(O~~ R. Thomas Kline me this -14 day of 04/06/2000 MCKENNA & MA~ONI By: fill ~ !'1ft ~ Deputy Sherif Sworn and Subscribed to before A.D.~ Notilfl'iRIAL SEAL PATRICIA A~ SHATTO, Notary Public CarliSle Sma, C\'mberland County My Commission Expires December; 1,2001 , "~..... ,-,', __ _-,__ _,,".c' "~< "' "- ,'- ... l or BUCKSCOUNTYSHERIFF'SDmcJ™ENT LAWRENCE R MICHAELS SHERIFF WIT..LIAMDALTON ClDEF DpPUTY WIT..LIAM L. GOLDMAN, JR. SOLICITOR Bucks County Courthouse Doylestown, PA 18901 (215) 348-6124 (215) 348-6138 ZONE (?S'Oj TO: POSTMASTER ONe.- ~-= ,_./ DOCKET#: ,.....~o~ 9 DATE: ~~f/t?f) ADDRESS INFORMATION REQUESTED Please furnish this agency with the new address, if avail::blc, for the foHowing individual or verify whether the address given beiow is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. NAME: Sc<1T"t' R I ';JO '( A Scj~An. LAST KNOWN ADDRESS: /..-::- ~ Do-tnA. {2.,.u:1 C~J""l4.."[V""r' pfIQ L~'iS-( I certify that the address information for this individual is required for the perform DEPUTY SHERIFF /' FOR POST OFFICE USE ONLY M MAlL IS DELIVERED TO ADDRESS GIVEN NEW ADDRESS ] NOT KNOWN AT .-<\DDRESS GIVEN [ ] MOVED, LEFT NO FORWARDING ADDRESS [ NO SUCH ADDRESS ] OTHER (SPECIFY): BOXHOLDER'S STREET ADDRESS .""- AGENCY RETURN ADDRESS ~ ly\ ~~~ RD 10 (12/97) , >-- . . C.5jJ;;AfJ .~ ~. . (( /J, 1/1/. /) (/. f,//Ztw0il[lZ ("I-(';'(I"~ ;"Xi.1//Q fA.,:x;!)/ II (- ' '-' /'X. ~,-,'L~' (,...,4!4 '.' . -"', . -f- '4' /1/ #! j,i, ~ 1'" ,/,1" ./"'tLl/U0" /7f/ (/lr-!' 'U/j/tJ2 /MPU/?.oJ (Pr-;(r t&' ;1,1 " il ;/1./, 1'1, r2f(/f") uC:/'L( 4!-Vlj.iM.&,! ckU&)!.e:Ut/zfli{:;{ I>CrJ- ..:. _ 4 J/ /' ,JIi4 /1 ~. 'f3;.trt{(iJ'"l/J-f/N{/. :1:ZC,'24/& -6,11 tJ!&z!.E i<'h 01'-' uj I?~ I, /%, I),'T h, r <<7,., m1' I} '1/1:; '7 '--7/(L, ;!tAff!Ji/ ff-: a "'CI!.--. //1/' (/11 uri'/",. a// j ~!'" / ;1 1J;; , ""Y;fi'i.!: ')'11' 1-" vr;'i~!.df //!/'/>/t/?/l..-f/I.//'-"/ <!.'!("cJ ',LJt' JJ.", t/,). t --.;;,.4 /.:: ;;t) f) ," /1 j'/' !i;-r-- t ~-J.(j}{{ ir. ':),.-r[/,:f ._.~~.:"'-~'<.'::,.. _~..~"i? - - t, I' 0'" -( h' I 0/ '/; / .~ ON PLEAS -- OF BUCKs COUNTY OFFICE O. OF . .~. COURT ADMINISTRATOR ~. noYI.ESTOWH, PA 18901 CML COVER SHEET 005480-00082 information provided herein is for case flow and calendar management purposes only. It does not replace OI plement the filing and service of pleadings or other papers a$ required by law or rules of court. This sheet will W sed as a source for making docket entries e:o:cept to note the type of action commenced. This is nsl1 a substitute documents for commencement of actions C- I 00001486-ID d-., Case No. PLAINTIFFS EIT ,Rl'N BORDEN VI!. DEFENDANTS . ASHLEY KROSKY and jom DOES 1 'l'liliUUlili ::>~:~ :':.~ _. t4;,..n~,:::.l ,T M~T<'PTlnFl_ Eso. I.D. 35321 Attomey Name lliI m it , 'eck one clasliliication only) If TRACTS Mechanics Lien 057 ==:Employnlent525 Insurance 526 -No-Fault Insurance 527 Negotiable Instr\l.nl.ent 528 _Product Liability 529 _Warranty 530 _Mortgage Foreclosure 060 _Replevin (With Order) 054 _Assumpsit 046 Other 531 - \ND . '-"':'~'!o:..-. .0 . o o .i.'~.P!'......"":_." . :,. ""'-'" NATURE OF SUIT Attol'DeY Name a. m 1# TORTS Motor Vehicle 047 Non-Motor Vehicle 048 X Other Personallnjuxy 049 Assault 532 Libel/Slander 533 Medical/Malpractice 534 Legal Malpractice 535 Product Warranty Liability 536 Other 537 , EOmTY Ejectment 053 Partition 309 Quiet Title 062 Labor Dispute 540 Mandamus 055 Declaratory Judgrnent 061 Equity 051 Quo Warranto 056 Other 539 ,'~ 2 ....... -I I ...... pve~5~~ ! fj ~ ~ JURY DEMAND ~nc:filr $50,Oqg ! ~ ';:;; ~ ::: 8f2 (Check only if detnanded in Complaint.) ~ot Appbb1i : .~ ~ <:> ~ Yes No -c. II:=ol 'Cll Co ~~ ~ , ~ 8 ~~ . .' I . ~ I t>. f't.:GO ~ FOlU4 SHOPLD BE ~ TO TIm PROTHONOTARY'S OFFIClt ..:::: '.f on -~ . '"""" I -- ..tt--. --I 0--. I 0-. . cr-. .... I "" - ,- (.,ff I (.,11 0;:::. I';::' APPEALS OJ Appeal - Assumpsit 025 OJ Appeal - Trespass 337 Award of Viewers 501 aoard of Asse~ment 301 Pa. Labor Relations Board 369 Board of Elections 319 Local Agency 262 Zoning Hearing Board 030 Suspension of Operator's License 134 Suspension of Registration 694 Other 538 .... Co. .... . <.11 <:> . .:~ ..'~_:';- ;.':,".'. .~" -::. , -----,-....".. . .. ";. ""'~.t;.. o o :x :xoo :;;u I <D "" ::ll: ':'? N W o '"r1-pc~~ ::o~~o (Do:;::: C::-1rr' (")""-0 AQ~. en :z: -:: (jc::~. g ;.; c~- 2'.;;0 -...;--: ~ ~ -~\ ~~~ ~ , ','c['--.'-" -. , ';'-',:-- >,;'>:':~,;i . i;/-: ,-,-~;:~~".:'~~: _~-~-~."~ }---;--. C'-;-C,"",_,,,,",," ~ , .0",', -' , ,,'-~}-~ ~ r-_" "-'_"';","0 005480-00082 . . COUNT I Eileen Borden vs. Ashley Knosky 5. Plaintiff, Eileen Borden, incorporates by reference paragraphs 1 through 4 as though same were set forth fully herein at length. 6. At all times material hereto, Defendants, Ashley Knosky and John Does 1 through 5, were in exclusive possession, management and control of the premises located at 6056 Edward Drive, Mechanicsburg, Pennsylvania. 7. At all times material hereto, Plaintiff, Eileen Borden, was an invitee lawfully upon the premises situate at 6056 Edward Drive, Mechanicsburg, Pennsylvania. 8. The slip and fall was caused exclusively and solely by the Defendants' negligence, carelessness, and recklessness in that: (a) Defendants caused or permitted the floor of the premises to be in a dangerous condition, which condition created a substantial risk of injury to all persons using said property in any manner in which it was reasonably foreseeable that it would be used. (b) Defendants failed to make a reasonable inspection of the premises, which would have revealed the existence of the dangerous condition posed by the insufficient and improper care of the floor. (c) Defendants failed to give warning of the dangerous condition posed by the insufficient and improper care of the floor, or take any other safety precautions to prevent , -~, . "-- < ,,~_,' ,- - _,,- ,',"; ;-', '" ,..' "n_ "~~ . . 005480-00082 at length. 13. At all times material hereto, Defendants, Ashley Knosky and John Does 1 through 5, a public entity, were in exclusive possession, management and control of the premises, located at 6056 Edward Drive, Mechanicsburg, Pa. 14. At all times material hereto, Plaintiff, Eileen Borden, was an invitee lawfully upon the premises situate at 6056 Edward Drive, Mechanicsburg, Pennsylvania. 15. The slip and fall was caused exclusively and solely by the Defendants' negligence, carelessness, and recklessness in that: (a) Defendants caused or permitted the floor at the premises to be in a dangerous condition, which condition created a substantial risk of injury to all persons using said property in any manner in which it was reasonably foreseeable that it would be used. (b) Defendants failed to make a reasonable inspection of the premises, which would have revealed the existence of the dangerous condition posed by the insufficient and improper care of the floor. (c) Defendants failed to give warning of the dangerous condition posed by the insufficient and improper care of the floor, or take any other safety precautions to prevent injury to the Plaintiff and other visitors. (d) Defendants failed to keep the maintain the property. (e) Defendants violated the ordinances of Mechanicsburg, Pennsylvania pertaining to the maintenance of buildings -c";'2'(,_"r" ?,.,,_, ' _ ~.__ ,_or "'," '"' --.-,- '-"". , ""~'.'.' <-"~,-,, . 005480'00082 . injury to the Plaintiff and other visitors. (d) Defendants failed to maintain the property. (e) Defendants violated the ordinances of Mechanicsburg, Pennsylvania pertaining to the maintenance of buildings and facilities. (f) Defendants were otherwise negligent under the circumstances. 9. Solely as negligence, a result of Defendants' carelessness, and recklessness, Plaintiff sustained injuries to her body including but not limited to a fracture of the left fifth metatarsal shaft, which has caused Plaintiff great pain and suffering, which may continue for an indefinite time in the future and may be permanent. 10. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries. 11. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties. WHEREFORE, Plaintiff, Eileen Borden, claims damages of the Defendants, Ashley Knosky and John Does 1 through 5, in an amount in excess of $50,000.00 together with interest and costs. COUNT II Eileen Borden v. Ashley Knosky 12. Plaintiff, Eileen Borden, incorporates by reference paragraphs 1 through 11 as though same were set forth fully herein , ':"'.J .'- .-"_': '.<;,-;i~ C_<.-.i.'_ --'-;'-';";\5',,: ~ ~/ , 'I. '~~- r.'o';-''-' '~;:l_'-',,_ " ~,:,~:~~"-~.,,,: .'."-"'-"" 'd" ," ",' - ':'" '~'-":f'o' '_ ',,_,.,~~'-, ',-.. ',c'l ,.'.' -, - i ,." . ~-< '" - '~,_ ._ ::.' ~'t... ...., '<--, < ,,' , ',__ ',-,', ,:,-~-':' 000480-00082 . . THIS IS A MAJOR JURY MATTER EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA. 19067 Michael J. McKenna, Esquire I.D. No. 35321 648 Longwood Avenue Cherry Hill, New Jersey 08003 Plaintiff vs. COURT OF COMMON PLEAS BUCKS COUNTY TRIAL DIVISION00001486 ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA. 17055 o c:> :Ji': "'" :;0 I <.D -0 :x N N W o "T\ -0 CO;V c:O;G n--1rh ;,.;:::t:Cl orr wz- 00<::: C) ~ ~.=. -c::....> .....~ z:::r.J -4-< -< , TERM , COUNTY , , : NO: I , : CIVIL ACTION - LAW Defendant. COMPLAINT - 2120 - MAJOR JURY TRIAL 1. Plaintiff, Eileen Borden, is an adult individual residing at 481 Hamilton Blvd., Morrisville, PA. 2. Defendants, Ashley Knosky and John Does 1 through 5, are the record lessors of the real property located at 6056 Edward Drive, Mechanicsburg, PA. 3. On or about November 8, 1998, the Plaintiff, Eileen Borden, was an invitee in the premises of 6056 Edward Drive, Mechanicsburg, PA. 4. While walking down the steps in the morning Plaintiff put her left foot down on the floor and the floor was uneven due to the fact that Defendant started to rip up her slate and parcel board flooring so she could replace it with another floor covering, which caused the Plaintiff to fall and sustain serious and permanent injuries as more specifically described herein. ,.""" - -',- ,--"<-",,,~-^ '.', , .. " -\ ;,-; ,,:;,~,;, ~>., ~,i-'-_i' , ,. o '-~X 005480"00082 . . and facilities. (f) Defendants were otherwise negligent under the circumstances. 16. Solely as a result of Defendants' negligence, carelessness, and recklessness, Plaintiff sustained injuries to her body including but not limited to a fracture of the left fifth metatarsal shaft, which has caused Plaintiff great pain and suffering, which may continue for an indefinite time in the future and may be permanent. 17. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries. 18. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties. WHEREFORE, Plaintiff, Eileen Borden, claims damages of the Defendant, Ashley Knosky and John Does 1 through 5, in an amount in excess of $50,000.00 together with interest and costs. COUNT II I Eileen Borden vs. Ashley Knosky 19. Plaintiff incorporates by reference paragraphs 1 through 18 as though same were set forth fully herein at length. 20. As a result of their combined effects of the above named Defendants, the Plaintiff, Eileen Borden, was made to suffer the aforementioned damages all to her great financial damage and loss. 21. The combined effects of the above named Defendants' """'>-";,'i',-".} '->";!~~"r,:,~_~~,:"f4- , _, "''C:r-~'';'~ -, c-'",-\ -:.,.'-L", _"_'_,>C_ ',---"'".,'> ';>,,-,,', 'n i::'j-_;"-;"i~,,,,,~,,,:i':',,,,;k:;,~~ .'>-" ," ';,---,-,;, " ~"'C 0" '., ~, 005480. 00082 . . various acts and/or omissions resulted in the aforementioned damages, the extent of which were made greater by the aggregate of their respective acts. 22. But for the various acts and/or omissions of the aforementioned Defendants, the Plaintiff, Eileen Borden, would not have suffered damages to the extent, duration or nature of these distinct but concerted acts of the above named Defendants. WHEREFORE, Plaintiff, Eileen Borden, claims damages of the Defendants, Ashley Knosky and John Does 1 through 5, in an amount in excess of $50,000.00, together with interest and costs. Dated: March 3, 2000 MICHAEL J. M NNA, ESQUIRE Attorney for Plaintiff .-,- -'-'~-"':-Y'::'0<'" ,,' '," '''',--' ',-,'.,'-'--,---- ,,' -, - ., A_~._,_,", ~" i I I ~0548~. 00082 '. . . COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF BUCKS VERIFICATION MICHAEL J. MC KENNA, ESQUIRE, hereby states that he is the attorney in this action and verifies that the statements made in the foregoing pleading are true and correct tot he best of his knowledge, information and belief. The undersigned understands that the statements there are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. fi Dated: March 3, 2000 MICHAEL J. NNA,ESQUIRE .''''''''''''T~ -, ' ., ~ ~. ~"'~..' '.. 111<1'" .. . o "'m]' ~i '.;~.", .hJ.',:, ,'" .~.;~.~~' ~ ,'.; .c~,,;,~;;;,2,u'J. ,'i>:"ii...i';r"";~';;"; ~~., " .d~ o ~ ~ ~ ~ ~ .(;: Ii. .Cr) ~() . . ...0 C; (3 8 B --0 "- ~ J '4 -v' FP ~-r '-l.... Q C) 0 c:) .c,) , .. ..- ~. ~, g! ,,-- 'J ~~ !">..) .001 0nn_ Ci. ~--~ -' : ~) r. , --'} ::-::~ ~') ""---; 1"'.) , I C - , 2-: :11 '--,"I -~-l .-! c< -<. f!i .oj , . -" " '"""'., , IN THE COURT OF COMMON PLEAS OF CUM>>:ERLAND COUNTY BORDEN Vs. NO. 2000 5265 KNOSKY & JOHN DOES CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . 10/2/00 THOMAS J WILLIAMS, ESQUIRE MARTS ON DEARDORFF WILLIAMS TEN EAST HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M267227 By: Cara Peters , c ~~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BORDEN Vs. KNOSKY & JOHN DOES No. 2000 5265 TO: MICHAEL MCKENNA, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TIllNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 9/8/00 THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Cara Peters Enc(s): Copy of subpoena(s) Counsel return card File #: H267227 cnMJNWJ;M.TH OF PEl'lNSYLVAmA <XXJNl'Y OF ~ BORDEN VS. 2000 5265 File No. KNOSKY'& JOHN DOES TO: SUBPOENA TO PROOllCE DOCU'ENTS OR 1M! NGS FOR OISOOVERY PURSUANT TO Rll.E 4009.22 HUP 3400 SPRUCE ST, PHILA PA 19104 ATTN: MEDICAL RECORDS DEPT (Hane of Person or Entity) Within twenty (20) !:lays after service of this subpoena, you are ordered by the court to , ' p~ce the following cIocunentl'lSERh}:wsrACHED WnRNDUM at MEDICAL LEGAL REPlt()JJul.:'~i()lClS, Ute, 4949 DISSTOII ST . 'P'RTT,A.. PA (Address) You may deliver or mail legible copies of the <<;Iocunents or produce things requested hI this subpoena, together with the certificate of cx::rTpliance, to the party making thi~ request at the address 1 isted above. You have the right to seek in advance the rea~onab I E cost of pret:)aring the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t..enty (20) days after its serv~ce, the party serving this s~a may seek a court orde;~ c:a'Il:>e'll ing YOll to COTp ly with!it. ' " . i llilS ~NA WAS NA/'E : ADDRESS: ISSUED AT 'THE REOOEST OF 'THE FOLLOHING PERSON: THOMAS J WILLIAMS, ESQ MARTSON DEARDORFF WILLIAMS 'CARLH:l.E. 1'2\ 17013 21!>-.B:;>-3212 TELF.PI-<<lNE ; SU'REJoE OOJRT 10 It A TTORHEY FOR: DEFENDANT DATE:M.joo;/'vtJ " " ," ~ 'Seal of the'COUI"t BY 'THE OOJRT: , ~ (l ~. R .~ ...l...LAo'1....... Prothonotaryf' ' er0CiV;J ~ CO n..1P~'; 'J Division M267227-0l .. Deputy 1,: ~ ; ~ ' , , ; , 'l,' , , . (Eff. 1/97) ,I ;: :"- \.: ~' _'0 ~- - -. -, ADDENDUM TO SUBPOENA BORDEN Vs. No. 2000 5265 KNOSKY & JOHN DOES CUSTODIAN OF RECORDS FOR: EnJP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA PATE OF BIRTH: 03/22/44 SSAN: 175369039 ,CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. County of: CUMBERLAND MLR File #: M267227-01 .-.... , , <nM:IWALTH OF l'mNSYLVANIA CXDn'Y OF ~ BORDEN " , , YS!. Fi Ie No. 2000 5265 , , KNQSKY, & 'JOl;iN DOES SUBPOENA N PROOlK:E DCX:UEKTS OR 1li I NGS FOR 01 ~Y PURSUANT TO RULE 4009.22 SEIDLE HOSP, 120 S,FILBERT ST. MECHANICSBURG PA 17055 TO: ATTN: MEDICAL RECORDS DEPT (N.ne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following cloct.rnents~ ~'rrACHED ADDENDTTM at REPRODUCTIONS" ~~CJdr. 4940' nI88TElN ST., PHXLA . p~ MEDICAL LEGAL " (A ess) 'You ll8Y deliver or mail legible copies of the docunents or produCe things requested to) this 'su~a. together wit.h the certificate of carpliance, 'to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost' of ,preparing the copies or producing the things sought. , I,.. . 1 f you fai I to produce the docurents or things required by this subpoena within twenty (20) days after its serv~cl!l, the party serving this subpoena may seek a court orde'- carpelling you to carply with it. ' ,) ISSUED AT THE REGlUEST OF THE FOLCCWING PERSON: THOMAS J WILLIAMS, ESQ M~RT~ON DEARDORFF WILLIAMS ~~LIBLE, rA17013 215-335-3212 TH I S SUBPOENA WAS NAi"E : ADDRESS : ~LEPI-<<)NE l ' stPRB'E OOJRT 10 . ATTORNEY FOR: DEFENDANT OA~:'fj9IdJtYIJ1) , ,~' :' "sea1 01 tile Court ! I 1 'i:J ~, : . f " J .' BY THE CXlURT: ~ flf_d ",' , P....othotiOt;:;/di<<lt Civi I' Oivision 0.1'- /)~~1;j7L~V ,:"" Deputy M267227-02 , , ' 'J'I ;" (Eff. 7/97) , . ~, , -', .-J , "" ,-.,-' "'~ .;.., ADDENDUM TO SUBPOENA BORDEN Vs. No. 2000 5265 KNOSKY & JOHN DOES CUSTODIAN OF RECORDS FOR: SEIDLE HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 ~CERTIFIED PHOTOCOPffiS OF THE RECORDS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. County of: CUMBERLAND MLR File #: M267227-02 , , , ~ OF PEmSYLVANIA axJl'll'Y OF aJMBEmAND' BORDEN VS. 2000 5265 Fi 1e No. KNOSKY'& JOHN DOES SUBPOENA TO PR<:lOlX:E DOC:l.tENTS OR TH' NGS FOR DISCOVERY ~SUANT TO RULE 4009.22 RTS MED T ""TGHORNE NEWTOWN RD 2ND FL,' LANGHORNE 'ST MARY SPO , .......' PA 19047 TO: (NIIlIe of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the folloWing ~t!'ls.E~m"\CBED, ADDENJlTTM , , p . . I .. , ' at " LEGAL RBPRODUCTLO~~, INC, 4!40 BISSTeN ST.. MEDICAL (Address) PB11,2t. lOr. You may deliver or mail legible copies of the dqcunents or produce things requested h) this subpoena, together with the certificate of call1liance, to the party making thi, request at the address listed above. You have the right to seek in advance the rear,onab IE cost of pre!,aring the copies or producing the things sought. \ f you fai 1 to produce the cIocunents or things required by this subpoena within t"lenty (20) days after its serv~ce, the party serving th;:; subpoena may seek a court orde'- ca1'4'e'1 hog you to carp 1 y with it. 'THIS SUBPOENA WAS NA/'E : ADDRESS: ISSUED AT THE REOOEST (Jf THE F<X..LONING PERSON: THOMAS J WILLIAMS, ESQ , M~RTSON DEARDORFF WILLIAMS CARLIDLE, ~ 37013 TELEPHONE I SlJ'REI'E OOJRT 10 # ATTORNEY FOR: , 215,-33!:>-J:.:i.l:.:i , , ])EFENDANT DATE: D;fstuO S 1 of the Court BY THE COURT: ~'.,:-r;b R. ~.., prothonotaryf . Civil , .' l C)'1~ C 'M,/P,./ Division M267227-03 Deputy (Eff. 7/97) ~ ,'" ,',..-,--~ - ~" -, --~," ADDENDUM TO SUBPOENA BORDEN VS. No. 2000 5265 KNOSKY & JOHN DOES CUSTODIAN OF RECORDS FOR: ST MARY SPORTS MED ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH, 03/22/44 SSAN: 175369039 ,CERTll<'lliD PHOTOCOPffiS OF THE RECORDS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M267227-03 ~ <' ". N'--" L , cnKlNIfFALTH OF PElR3YLVANIA CXXIRl'Y OF CUMBFmAND BORDEN 2000 5265 VS. KNOSKY & JOHN DOES Fi 1e No. SUBPOENA TO PRODX;E DOC:l.f<ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ORTHO INST OF PA (Neme of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!l or things: " ; "; ,,f., at ----mIDrtAL Lt;liAL R:e:l':!l.OOOC1'IONO HIC 4.94.Q DHS'1'()J\T!':'1' PHILA PA 19135 (Address) * * erR" JI.'T"T'ACHED ADDENDUM*'* You may deliver or mail legible copies of the docunents or produce things requested h, this subpoena, together with the certificate of' :~liance, to the party making thi, request at the address listed above. You have the right to seek in advance the rea~>OI1ab IE cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the docI.ments or things required by this subpoena within twenty (20) days after its serv~ce, the party serving this subpoena may seek a court orde" ccrrpelling you to carply with it.' ..~ . . '. .... . . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLQl/ING PERSON: NAME: THOMAS WILLIAMS, ESQ ~ESS: 1~~~80N DEAFDnRFF WILLIAMS CARLISLE FA 17013 (215) 335-3:O;U TELEPH:lNE: SlJ'REl"E OJURT to . ATTORNEY FOR: DEFENDANT M267227 DATE: rJdS/uV '.: S 1 of thedourt BY THE ~T: Cu~ot~~61~; ,{J'f j 'O"fh ,{J'!:V Civil Division DepUty " .; (Eff. 7/97) , "ri'" ~ I.' , ., ->" ., -, -,-~- - ^ 'C. '.'~"- -". ADDENDUM TO SUBPOENA BORDEN VS. No. 2000 5265 KNOSKY & JOHN DOES CUSTODIAN OF RECORDS FOR: ORTHO INST OF PA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERTll<'lliD PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M267227-04 , , <XMOlWEALTH OF PENNSYLVANIA CXXJNl'Y OF ri:IMBEmAND BORDEN 2000 5265 VS. KNOSKY & JOHN DOES Fi le No. SUBPOENA TO PR<nJCE OClO.Jo'ENTS OR 1M I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: JOYCE & CAUTILLI PROF ASSOC {Name of Person or Entity} Within t'l<<!r'lty (20) dayS after service of this subpoena, you are ordered by the court to produce the following docunentA or things: at **EEE ATTAC~Rn AnnENDUM** MEDICAL LEGAL REl'KUlJUC'uONS INC 4:)40 DIS8'I'ON 5'1' (Address) P"TT.A PA 19135 You may deliver or mail legible copies of the docunents or produce things requested h) this subpoena, together with the certificate of ccrrpliance, to the party making thi~ request at the address listed above. You have the right to seek in advance the rea<;onab 1< cost of prEl9aring the copies or producing the things sought. 'f you fai I to produc:e the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving this subpoena may seek a court orde;- c.x:rrpe 11 ; ng you to ccrrp I y wi thi t. 1M I S SUBPOENA WAS I ssueo AT lHE REWEST OF lHE FOLLO'II NG PERSON: NAME: THOMAS WILLIAMS, ESQ ADORESS: ~ffiRTsoN DEARDORFF CARLTSLE PA 17013 . (215) 335-3212 WILLUlVlS TELEPH:lNE: SlPREJoE CXlIJlT ATTORNEY FOR: ID I DEFENDANT M267227 DATE: oct/{)~/1J1} Sea 1 of the Court BY THE COURT: C...,-;:;, R. l'=4'i ~'-. . Prothonotarylcaer~ CWll Division C)"uO.IhJPtJ,~~ . . . . J . Deputy .) (Eff. 7/97) ADDENDUM TO SUBPOENA BORDEN VS. No. 2000 5265 KNOSKY & JOHN DOES CUSTODIAN OF RECORDS FOR: JOYCE & CAUTILLI PROF ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERnl<'lliD PHOTOCOpmS OF THE RECORDS WILL BE ACCEPTED IN LmU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M267227-05 - , ~ OF FmNSYLVANIA a:xlNl'Y OF CUMBERlAND BORDEN 2000 5265 VS. KNOSKY & JOHN ,DOES Fi leNa. SUBPOENA TO PR<lClOOE ooa..tENTS OR 1H I NGS FOR 0 I SCX>VERY PURSUANT TO R\Jl...E 4009.22 TO: DR MARK ROSS (Ntme of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!l or things: at **~~E n~~nrHED ADDENDUM** . '",":.\ " MEDICAL LEGAL K~t'KODljC'nON:J INC 49'1.0 DHiSTOl\f C::~ (Address) PHILA PA 19135 You may del ivel" or 'ma i 1 legible copies of the doct.rnents or produce things requested hI this subpoena, together with the certificate of . caTpliance, to the party making thi~ reQuest at the address Hsted above. You have the right to seek in advance the rea<;onablE cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things reQUked by this subpoena within twenty (20) days after its serv~ce, the party serving thi:;, subpoena may seek a court orde" c:arpelling you to COll>ly with it. ~"',," ,', ~. .' TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF 1HE FOl..LCW I NG PERSON: NAME: THOMAS WILLIAMS, ESQ ADDRESS: -----MMt1'30n DEMDORFF TpTTT,T.TAMS .r.ARLISLE PA 17013 , TELF.PH:lNE:. (215) 335-3212 SUPREI"E OOJRT 10 . ATTORNEY FOR: DEFENDANT . M267227 DATE: :~ql/)~11W ~' ,,' Sear of'tne Court :,' BY 11-E cnJRT: "'~ Pf._H l " , ~prothOrlb;y~eJit"C'ivi1 'oivision " ' "-1',' - .., n'~r"(i.~tu#=-'" ~ Deputy , , '. ,." ." ' ,(. . \-.' (Eft. 7/97) ~~: ;\.'~ ..' \. -- ' L: './, . ADDENDUM TO SUBPOENA BORDEN VS. No. 2000 5265 KNOSKY & JOHN DOES CUSTODIAN OF RECORDS FOR: DR MARK ROSS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 .CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M267227-06 , . . ~ OF l'mNSYLVANIA CXDl1'Y OF CIlMBEm.AND BORDEN 2000 5265 VS. KNOSKY & JOHN DOES Fi Ie No. SUBPOENA 10 PROOU::E [)()CLt€NTS ORTH I NGS FOR 0 I SOOVERY PURSUANT TO RlJLE 4009.22 TO: DR ELLIOT WILLIS (N81lll of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentR or things: * * ll:iRZI'T''T'ZlrHRD ADDENDUM * * ' 1,-.l,. ", "-'.',< :',. ..\, at MEDICAL LEGAL R~t'KuDtlC'!ION3 IHC 4940 DISSTON C:'T' PHTLA PA 19135 , (Address) You may deliver or mail legible copies of the c:loclm;lnts or produce things requested b) this subpoena, together with the certificate of carpliance, to the party mak ing th i~ request at the address li sted above. You have the right to seek in advance the rea ~onab I E cost of prE/9aring the copies or producing the things sought. I f you fail to produce the doct.rnents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving. thi5 !riuQpoena may seek a court orde'- c;arpelling you to c:arply with it,' . .' THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOlLOYING PERSON: NAME: THOMAS WILLIAMS, ESQ ADDRESS: -MM'f30n DBl'.RDORFIi' WTT.r;tAMS , CARLISLEPA pO 13 ~ TELEPI:<<lNE: . (215) 335-3212 SlJ>REfoE <nJRT '0 * ATTORNEY FOR: DEFENDANT , . M267227 DATE: '0 q /oijj (J0: Seal of' e eoort BY THE OOJRT: r.,~...; r<, P ,- . prot.hohot~eI0Civil (;)'i" (J. ,im'iI7IJ~' " Oivision DepUty ~ ,,'. .,;.--: ~,' .. (Eff. 1/97) '.: ~""- ::. 'L~~ '\ , 1 L_ ,.L' ~ ~ .'" '.' c' c_, . . ADDENDUM TO SUBPOENA BORDEN VS. No. 2000 5265 KNOSKY & JOHN DOES CUSTODIAN OF RECORDS FOR: DR ELLIOT WILLIS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERTll<'lliD PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M267227-07 , Oil " '-'iWl~"-~~.li~...-,~"-,,,,,, ~ ~ .~ ~.;;.,; ~,~ ~~~1I - ~-_... . . 0 c:, ~:'~ c ...:.:.:. ~-~ :::> ._.,r -'-' h:7 ("~ 6; !--, .."t ~~ ~ ,4C.-_. )> C' ~<~ e r: <~ - . ~'::'" Z Cd )> 1.--' l. ; , :z ::J :,;] ::<: -D CO -< 1 ~---- - "'"' McKenna & Marconi By: WILLIAM J. MARCONI, ESQUIRE Identification No.: 42216 648 Longwood Avenue Cherry Hill, New Jersey 08002 Telephone No.: 856-665-7771 Attorney For Plaintiff EILEEN BORDEN 481 Hamilton Blvd~ Morrisville, P A 19067 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, TRIAL DIVISION vs. Civil Term, 2000 ASHLEY KNOSKY and JOHN DOES I THROUGH 5 6056 Edward Drive Mechanicsburg, P A 17055 No. 5265 Dcfendant. NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Plaintiff, Eileen Borden, appeals from the award of the board of arbitrators entered in this case on February 6, 2002. A jury trial is demanded ~ (Check here if a jury trial is demanded. Otherwise a jury trial is waived.) I hereby certify that: (1) the compensation of the arbitrators has been paid, or C') appli.......l:lvu l~~~ BE8f1 fB.aa~:fur fJen:ala3ieB te lu,:,('ppn in fnrmn ~nrrl'f'eR2. (~trik" go'}t the --4nl\ppli~tffile &latl36.) William J. Marconi, Esquire Attorney for Appellant 648 Longwood Ave., Cherry Hill, NJ 08002 Address Thomas J. Williams, Esquire Opposing Counsel 10 East High St., Carlisle, PA 17013 Address C', "" - '-.'''''-'~ _"'''''=~~ "1 1'~"-~" .""\lmt~'~"""""'''\i_ltl_~j~~~ ~~J_ ~ '" ie',"", ,-,=,~"",",~-"""-" - , -- ....... ~ \..( ~ o () o ~cJ ?-- ~ ~ t;:?(0 fl~ 'i} ~ ~ - _.- ^-=. " 0 0 C C f-v -'1 s: -,~'", -j -O"'~'" ~:~".. nl~:t ::;0 :~J 2::t1 r-' Z r~ , .1' ~~~, .~ "T ':c) r.:::c::.' :;::m. -'~1 ~C) -n - -:< ---~ Zc /~rr:; >c '.of? ,- ~. ~-::! :::, 1"0 S -< ~ -< ~, ..,=~~ " ' ) ) 2 ) ) ~ ~ w- 2t!:::: ; ~~~., ~ ~I v In The Court of Co~on Pleas of Cumberland County, Pennsylvania )10. 5.:Jr:>, ~ ~oo c) OATH e.....- We do solemnly swear (or affirm) that we will support, obey and derend the Constitution of the United States and the ConsticutiQ~ or this Common- wealth and that we will discharge the duties of our orfice with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar~ed, they shall be separately stated.) -b~ fl~1 00 sf-\ DO 0 - applicable.) . Arbitrator, dissents. (Insert name if NOTICE OF ENTRY OF A i-r.nan Date~ of Hearing: ..;). l, - ,,~ Date of Award: .:l . (. - cd-. Now, the t;it:- day of 1-J,'''A''1 award was entered upon the docket and parties or their attorneys. , iIIt,;lov,),. at /.7:06, P. .~1., the above notice thereof given by mail to the C,d.<A K P ~ ..b' ~ . ot!h~onotary --.&1 ~ (J ~l11 ~ Deputy Arbitrators' compensation to be paid upon appeal: $ .2-<>tO.w By: -- _."" 'J J --~ ~-.~, -~ ^'~-~- '-'"'~Jijili.lii" ',' - . il\ll~_~!~;lj!J~;Mi~W"-l.i~~bii < .. ~ Luft!?A ~ 4 ~~:.~ La- ~. . ~. _3//7 ~ Si-, ~i/JA ~ &. .3-1.5, IJ;L Cj. )~~ fa 111.{Q,W~<d.-~~,0-. /~ ~ ::t ~ f-Up, ~. ..IiiiIIi''''...."'''' (") 0 C) C f'0 <:- -n ;gg~ ...., .-~ fT1 "::r co "''-'' Zr-:' 1 ,-i hi ~~~ en T p.~ 3r: S-j 7'"~) ~'=C' N ~-2~ () Pc: 0 rn Z .~ =<! :::> (J1 ':'D -< . ~" . ~ " do ~.j1 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ro THE POOTHOI'DI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( XX) for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------- CAPTION OF CASE (entire caption must be stated in full) Eileen Borden 481 Hamilton Blvd. Morrisville, PA 19067 (check one) Civil Action - Law (xx) Appeal from Arbitration (other) (Plaintiff) vs. Ashley Knosky and John Does 1 through 5 6056 Edward Drive Mechanicsburg, PA 17055 The trial list will be called on 10/7/03 and Trials commence on 11/3/03 ( Defendant) Pretrials will be held on 10/15/03 (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 05265 Civil Tenn ~ 2000 Indicate the attorney who will try case for the party who files this praecipe: Michael J. MCKenna, Esquire Indicate trial counsel for other parties if known: Thomas J. Williams, Esquire This case is ready for trial. Signed: Print Date: 7/14/03 Attorney for: Plain-loiff ~-, ,-~, "' '~Illiii-b;i li1IIti~i.Jh"'M~.<J,~".~~U$m'~"~ '~=~~'""""= """"~"" (') c: S -00.'7 mrn Z::C Z~~:_ Q-cc !;=C ::E::O ""0 >c. z ~ "~oj o w "" - ~ '" I J;.- -0 :;:l:: '-8 '=' ,,;> o :T1 ~-I ;Al~ ~9 ;""',b,, ':~;::H ' 0-- ~-,..O -"-rn 9 ~ &1 ~''-.~' ,~,.". --;:lUi ~ 0 ~-" it ",-; ~ ~--~'rjfillflli.iL 4. Eileen Borden IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Ashley Knosky and John Does I Through 5 : NO. 00-5265 CIVIL TERM ORDER OF COURT AND NOW, October 7, 2003, counsel having failed to call the above case for trial, the case is stricken from the November 3, 2003 trial term. Counsel is directed to relist the case when ready. By the Court, ..Michael A. McKernan, Esquire For the Plaintiff -1homas 1. Williams, Esquire For the Defendant ld 41J ~ rl>) '7ciSJ ~ J CJ -C/3-0.3> Court Administrator *1 ~ """""",,1I!/HIII1f;lIlI!I1!' ~~-, ~ ~_.~..........".,.,." ""'" .0, -~ ,t.Mi"'~ r'-""'r r-1r L~! )--(l[.:CII'C f'F 1~' ,,'~ ~~~.,. / VL ...1 .1'/ '.'~ In~""d''''''~'n'y - -"- ,! '<-"iuIAn 0" 0"-' f \) It., f -d PF13:27 CUIV!~:,!.~~r;ji; .~';-' ".,(ji.JlXr\' 1"1.:.1""3\"\""" ~. ~j ~ !..J/-\I\JIA .~ ~." ~>"~ ~, d ~ """"'0'" ~ '_T ~._.~=~=~-!J'<-~!'~1~r~~Wl'j~'rl;0~~~~Wi!!i' MICHAEL J. McKENNA, ESQUIRE 648 Longwood Avenue Cherry Hill, NJ 08002 (856) 665-7771 Attorney for Plaintiff Identification No.35321 EILEEN BORDEN PHILADELPHIA COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW NO. 2000-5265 ASHLEY KNOSKY et al Defendant. ORDER TO MARK ACTION SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Please mark the above action settled, discontinued and ended. "7 ./ / .r/ / /J/ t!/, / /I~' " J ,/ j / Dated: November 18, 2003 .lIii~i"i1l11tiil' ~~ """';"-"-~"~_~iM.<l ,~, ~"~"""'. """~ "-, 6~ ~~ ............--~ (') 0 () c <-~.) -on ~ -,.... "- -0 CJ;:;; c5 rn ':', ~"- Z :I',: ,"" 655; N 1-';'; ; c;-::::. -<"c " , , ~c' '-.--' ~[~. .~Ci , .-i-i L:(...."l , C) " n1 )>c ~J 0 --1 Z '''' 5? =<! \0 ~, "" ' MCKENNA AND MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 (609) 665-7771 Identification No 35321 Attorney for Plaintiff, EILEEN BORDEN 481 Hamilton Blvd. Morrisville, Pa. 19067 Plaintiff ASHLEY KNOSKY and JOHI~ DOES 1- through 5 6056 Edward Drive Mechanicsburg, Pa. 17055 Defendant. COURT OF COMMON PLEAS BUCKS COUNTY TRIAL DIVISION TERM 00001486 CIVIL ACTION - LAW Plaintiff, Eileen Borden Answers and Responds Ashley Knosky's Preliminary Objections. Preliminary Objections as follows: 1. Admitted. 005576,00052 PLAINTIFFS' REPLY TO PRELIMINARY OBJECTIONS ON BEHALF OF DEFENDANT ASHLEY KNOSKY ~ O-~-o Defe~n~-~°~ to ~ 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied, but if true, pursuant to Rule 1006(3) (e)if objection to venue is sustained and there is a county of property venue within the State the action shall not be dismissed but shall be transferred to the appropriate court of that county. 005576:00052 Based upon defendant' s preliminary objections, if susyained, / proper venue would be Cumberland County. A ~^ / A~torney fo~ Plaintiff CERTIFICATION OF SERVICE 005576:00052 The undersigned, Michael J. McKenna, Esquire, hereby certifies that a true and correct copy of the foregoing was served on the following person by placing a copy of the same in the first class U.S. Mail on May 19, 2000, postage prepaid, addressed as follows: John J. Gonzales, Esquire 1200 Bustleton Pike, Suite 13 ~'7 / / Feasterville, Pa. 19053 -~//// JOHN J. GONZALES, ESQUIRE A-I-rORNEY I.D. # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 Attorney for Defendant, Ashley Knosky EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA 19067 ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS BUCKS COUNTY No. 00-01486 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED 005564.00106 To: THE PROTHONOTARY Enter my appearance on behalf of Defendant, ASHLEY KNOSKY, only in the above stated cause. JOHN~~T~IRE'~ / Attorne~.D. N~q, fb~r 17~'68 IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY . _.005562-00004 EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA 19067 ASHLEY KNOSKY and JOHN DOES 6056 Edward Drive Mechanicsburg, PA 17055 No. 00001486 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED ORDER AND NOW this day of ,2000 upon consideration of Defendant's Ashley Knosky's Preliminary Objections raising lack of jurisdiction, it is hereby ORDERED and DECREED that Plaintiff's complaint is dismissed for lack of jurisdiction. JOHN J. GONZALES, ESQUIRE ATTORNEY I.D. # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 .005562 '00004 You are hereby notified to file a written response to the enclosed Prelimina~j Objections within twenty (20) days from service hereof or a judg~~j~red against you. Attorney for Defendant, Ashley Knosky EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA 19067 ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS BUCKS COUNTY No. 00-01486 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED DEFENDANT ASHLEY KNOSKY'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT - IMPROPER VENUE Defendant Ashley Knosky by and through her attorney, John J. Gonzales, Esquire, files the following Preliminary Objections raising improper venue pursuant to Pa.R.C.P. 1028 (a)(1), and in support thereof avers as follows: 1. This is an Action in Trespass brought by the Plaintiff, Eileen Borden, a resident of Bucks County, Pennsylvania. ^ true and correct copy of the Plaintiff's Complaint as filed at Bucks County Court of Common Pleas Docket # 00-01486 is attached hereto and made a part hereof and marked as Exhibit "^". 2. Your Moving Defendant is Ashley Knosky, an adult individual and a resident of Cumberland County, Pennsylvania. 005562.00004 3. Co-Defendants are "John Does, 1 through 5", individuals or entities whose identity is unknown to your Moving Defendant, but who Plaintiff avers are "record lessors", having an address of 6056 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania. (See Exhibit "A" at caption and para. 2.) 4. Plaintiff seeks damages from Defendants for personal injury which allegedly took place at the Defendants' premises situate at 6056 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania. (See Exhibit A at para. 3, et seq.) 5. Your Moving Defendant has no mailing address or other significant contacts with Bucks County, and was, in fact, served by Plaintiff with original process via deputized service in Cumberland County. 6. Co-Defendants "John Does, 1 through 5", who are averred by Plaintiff to be residents of Cumberland County, have not been served with original process to date. Plaintiff does not aver any contacts whatsoever of Co-Defendants with Bucks County. 7. Pursuant to Pa.R.C.P. 1006, Bucks County is an improper venue for this action, because the cause of action arose entirely in Cumberland County, all Defendants are residents of Cumberland County, and no Defendant may otherwise be served with original process in Bucks County. WHEREFORE, Defendant Ashley Knosky requests that this Court sustain her Preliminary Objections and dismiss Plaintiffs Complaint for i)inproper venue. By: ~"" ~r/] JOHN J. GOaliES, ESQUIRE Attorfley for D~fendant, Ashley Knosky 005562.00004 VERIFICATION I, JOHN J. GONZALES, ESQUIRE, hereby verify that I am the attorney for Defendant, Ashley Knosky, and that I am authorized to make this verification on her behalf. I am familiar with the facts alleged in the foregoing Preliminary Objections, and the facts alleged therein are true to the best of my knowledge, information and belief, understanding the penalties for unsworn falsification to authorities under Pa. CS. Section 4904. JOHN~.~OI L/ES ,ESQUIRE - '"-". ,ir 730 9110 EILEPdVBORDEN 481 Hamilton Blvd. MorrisVille, PA. 19067 Plaintiff 3%SHLEy KNOSKy T~ROUG~ 5 JO~{NDOE$ 1 6056 Edward Drive Mechanicsburg, PA. 170SS ACORDIA NORT~EAST ~oo4 005562.00004 ZS A MAJOR JURY MATTER ~Michael j. McKenna, Esquire ~ I.D. No. 35321 !f~8 Lon~wood Avenue - New Jersey 08003 COURT OF CO~40N PLEAs BUCKs COUNTy TRI-~LDIvi$iON Defendant. NO: CIVIL ACT/oN _ LAW CO~LATNT - 2120 - ~JOR JURy TRIAL '1. Plaintiff, Eileen Borden, is an adult individual residin~ at 481 ~amilton. Blvd., Morrisville, PA. 2. Defendants, Amhley Knosky and John Does I through'5, are the record lessors of the real property l~cated at 6056 EdWard Drive, Mechanicsbur~, PA. ..3. On or. about November 8", !998,. the Plaintiff, Eiteen Borden, was an invitee in the premises of 16056 Edward Drive, Mechanicsburp, PA. 4. While wal~in~ down the-steps in the morning Plaintiff Put her left foo~ dow/1 on the floor and the floor was uneven dde to the fact that Defendant started to rip up her slate and Parcel board floorin~ so she could replac~ it with another floor covering, which caused the .Plaintiff ~o fall and sustain serious a/id permanent injuries as mor~ specifically described herein. EXHIBIT -~,-~uu, ~:42 F,~ ?17 7~0 ACOI~IA ~Ioos 0055 00004 COr/NT Sileen Borden vs A~shl_~y___~osky .-7--- · 5. Plaintiff, Eileen Borden, ~ncorporates by reference paragraphs 1 through 4 as though same:were set forth fully herein at length. 6. At .all times material hereto, Defendants, Ashley Knosky and John Does 1 through $, were in exclusive . possession, management and control of the ~remises located at 6056 Edward Drive, Mechanicsburg, Per-nsylvania. 7. At all times material hereto, Plaintiff, Eileen Borden, was an invitee lawfully upon the premises situate at 60S6 Edward Drive, Me~hanicsburg, Pennsylvania. 8. The slip and fall was caused exclusively and solely by the. Defendants, negligence, ' that: carelessness, and recklessness in (a) Defendants caused or perm/tted the floor of the premises to be in a dangerous Condition, which condition crea~ed a substantial risk of injury to all persons using said property in any manner in which it was reasonably foreseeable that it would be. used. (b) Defendants failed to make a reaso~abf~ inspection of the premises, which Would have revealed the existence of the dangerous Condition.posed by the. insufficient and improper care of the floor.. (c) Defendants failed to'give war~ling of the da~.~erous Condition posed by the insufficient and im_oroper care of the floor, or take any other safety Precautions to prevent 04/10/00 12:42 FA~ TiT 730 9110 AcORDIA NO~lm~$T 0556 '0000 injury to the Plaintiff and other visitors. (d) Defendants failed to maintain the property. (e) Defendants violated the ordinances of Mecbmnicsburg, Pennsylvania pertaining to the maintenance of buildings ~d facilities. (f) De~endants were otherwise negligent under the circumstances. 9. Solely as a result of Defendants' negligence, carelessness, and recklessness, Plaintiff sustained injuries to her body including but not limited to a fracture of the left fifth . metatarsal shaft, which has caused Plaintiff. great pain and suffering, which may c~ntinue for an indefinite time in the future and may be permanent. 10. Solely as a result of Defendants' n~gligence, carelessness' and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her i~ju~ies. 11. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff ha~ and will in the future be unable to attend to her usual and daily duties. WHEREFORE, Plainti'ff, Eileen Borden, claims damages of the Defendants, Ashley Knosky and Joh~ Does ! through 5, in an amount in ~xcess of $50,000.00 to~ether with interest and costs. COUNT II Eileen Borden v. Ashley Knosk¥ 1~ Plaintiff, Eileen Borde~, incorPorates by reference paragraphs ! through 11 as though same were set forth fully herein 04/10/100 .12;43FAX7177309110 ACORDIAN0kI'I~AST ~007' -- ., 0055 2.00004- at length. 13. At all times material hereto, Defendants, Ashley Knosky and John Does 1 through 5, a public entity, were in exclusive .possession, management and control of the premises, located at 6056 Edward Drive, Mechanicsburg, Pa. 14. At all times meterial hereto, Plaintiff, Eileen Borden, was an invitee lawfully upon the premises situate at 6056 Edward Drive, Mechanicsburg, Pennsylvania. '15. The slip and fall was caused exglusiNely and ~o19!E by the Defendants' negligence, carelessness, and recklessness in. that: (a)' -Defendants caused or permitted the floor at the premises to be in a dangerous condition, which condition created a substantial risk of injury to all persons using said property in any manner in which it was reasonably foreseeable that it would be used. (b) Defendants failed to make a reasonable' inspection of the premises, which would have revealed 'the existence of the dangerous condition posed 'by th~ iksuffici'ent and improper care of the floor. (c) Defendants failed to 9ire warnin9 of the dangerous condition posed by the insufficient and improper care of the floor, or take. any other ·safety precauti'ons to prevent injury to the Plaintiff and 'other visitors. (d) Defendants failed to keep the maintain the property. (e) Defendants violat'ed the ordinances of Mechanicsburg, Pennsylvania pertaining to the ~aintenance of buildings O~/lO/O0 !2:43 FAX 717 730 9110 AcOED I A -NOI~raEAST [~oos 05562.00004 {f) ~nd facilities. Defendants were circurastances- otherwise negligent under the !6. solely as a result of Defendants ' negligence, carelessness, and recklessness, Plaintiff sustained injuries to her body including but not limited to a fracture of the left fifth metatarsal shaft, which has caused Plaintiff great pain and suffering, which may continue for an indefinite time in the future and may be permanent. 17. Solely as a result of Defendants ' negligence, carelessness and recklessness, Plaintiff has ~nd will in the future be obliged, to expend monies for medicine and medical care in order to treat and help cUre her injuries. 18. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties. ~VnqEREFORE, Plaintiff, Eileen Borden, .claims damages of the Defendant, Ashley K~osky and John 'Does 1 through 5, in an amount in excess of $50;000.00 together with interest and costs. COUNT III Eileen Borden vs. Ashley Km. oskv 19. Plaintiff incorporates by reference paragraphs 1 through 18 as though same were set forth fully herein at length. 20. As a result of their combined effects of the above named Defendants, the Plaintiff, Ei!een Borden, was made to suffer the aforementioned damages all to her great financial damage and loss. 21. The combined effects of the above named Defendants' 04/10/00- 1~:44 FA~ TIT ?30 9110 AcORDIA NOI~Ilit/AST (~009 005562.00004 various acts and/or omissions resulted in the aforementioned damages, the extent of which were made greater by the aggregate of their respective acts. 22. But for the various acts and/or omissions of the aforementioned Defendants, the Plaintiff, Eileen Borden, would not have suffered damages to the extent, duration or nature of these distinct but concerted acts of the above named Defendants. WHEREFORE, Plaintiff, Eileen Borden, claims damages of the Defendants, Ashley Knosky and John Does I through 5, in an amount in excess of $50,000.00, together with interest and costs. Dated: March 3, 2000 . MIC~L~EL J-. M~Elql~A, ESQU R= Attorney for Plaintiff ~2:44 FAX 717 730 9110 COMMONWEALT~t OF PENNSYLVANIA: ACORDIA'NOR~u~AST COUNTY OF BUCKS OOSSO2-0000 ~-ERI PI CATI ON MICFIAEL J. MC KEN-MA, ESQUI~, hereby states that he is the attorney in this action and Verifies that the statements made in the foregoing pleading are true and correct tot he best of his knowledge, info~ation Md belief. The ~ndersi~ed ~derstands that the s~atem~ts there are made s~ject to the penalties of 18 Pa. C_S. S4904 relating to unswo~ falsification to authorities. Dat'ed:. M~rch 3, 2000 MICHAEL J. ,ESQUI~ JOHN J. GONZALES, ESQUIRE ATTORNEY I.D. # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 ,005562.00004 Attorney for Defendant, Ashley Knosky EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA 19067 ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS BUCKS COUNTY No. 00-01486 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED DEFENDANT ASHLEY KNOSKY'S MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS This Memorandum of Law is submitted in support of the Preliminary Objections of Defendant Ashley Knosky to Plaintiff's Complaint. I. Factual Background Plaintiff has brought this cause of action in Bucks County against Moving Defendant, Ashley Knosky, and Co-Defendants, "John Does, 1 through 5". This is an action in Trespass, in which Plaintiff seeks damages from Defendants for personal injury which allegedly took place at the Defendants' premises situate at 6056 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant, Ashley Knosky, is a resident of Cumberland County, Pennsylvania. Although the identities of Co-Defendants "John Does, 1 through 5" are unknown by Ashley Knosky, Plaintiff's complaint avers that these Defendants are "the record ...... 005562-00004 lessors of the real property located at 6056 Edward Drive, Mechanicsburg", in Cumberland County, Pennsylvania. Further, Plaintiffs caption to the Complaint indicates that Co-Defendants have a mailing address of 6056 Edward Drive, Mechanicsburg, in Cumberland County, Pennsylvania. Based upon Plaintiff's Complaint, and in fact, none of the Defendants are residents of Bucks County Pennsylvania. Further, your Moving Defendant believes and avers that none of the Defendants may otherwise be served with original process in Bucks County. Although Co-Defendants have not been served to date, your Moving Defendant was served with original process by deputized service in Cumberland County. II. Question Presented Should Preliminary Objections raising improper venue be sustained wherein an action is brought in Bucks County, but the cause of action arose entirely in Cumberland County, all of the Defendants reside in Cumberland County, and none of the Defendants may be served with original process in Bucks County? III. Suggested Answer Yes. IV. Argument Pursuant to Pennsylvania Rule of Civil Procedure 1006, "an action against an individual may be brought in and only in a County in which the individual may be 005562.00004 served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other County authorized by law." In the case at bar, it is undisputed that Defendant Ashley Knosky is a resident of Cumberland County Pennsylvania. Furthermore, Ashley Knosky is an individual and has no mailing address or other means of being served in Bucks County Pennsylvania. In fact, Defendant Ashley Knosky was served with original process in Cumberland County. Although the identity of Co-Defendants "John Does, 1 through 5" is unknown to your Moving Defendant, the Plaintiff's Complaint indicates that the Co-Defendants are also residents of Cumberland County Pennsylvania, and are "the record lessors of the real property located at 6056 Edward Drive, Mechanicsburg, Pennsylvania." Plaintiff fails to aver any basis whatsoever for bringing this action in Bucks County as to any one or all of the Co-Defendants. It is also undisputed that this action is a result of personal injuries which were allegedly sustained by the Plaintiff at Defendant, Ashley Knosky's, residence situate at 6056 Edward Drive, in Cumberland County. Therefore, for purposes of Pa.R.C.P. 1006, this cause of action arose in Cumberland County, and not in Bucks County. ¥. Conclusion Since none of the Defendants reside or may otherwise be served in Bucks County, since the cause of action did not arise in Bucks County, and since there is no other Rule or Law allowing this action to be brought in Bucks County Pennsylvania, 005562-00004 your Moving Defendant Ashley Knosky respectfully requests that her Preliminary Objections be sustained and that Plaintiffs Complaint be dismissed for improper venue. R~d by: JOl-I~l J. ~O~)IZALES, ESQUIRE Attorney far,Defendant, Ashley Knosky · sYSTEM cvRD 2041~- '~' BLIC AC~S KUP DATE: 0~~ nncKS pU .... mT LO0 .... A ~I¼m~v~-'- = · COUNTY OF ~v_~,,~oTARY Uu~'_~o~ 2 sTATU~ ........... ~ ASHLEY ,DOCKET~ <2000<014B6>sTART DATE < DEFENDANT ........................... = ..... VS KNosKY JOHN 1-5 DoES BORDEN pLAINTIFF EILEEN ..................... sMB 03092000 COMPLAINT IN TRESPASS' OTHER pERsoNAL INJURY FILED· pLAINTIFF' sMB pAID 164.50 SMB APPEARANCE OF MICHAEL J MCKENNA, ESQ-, ENTERED FOR DEMAND FOR DAMAGES IS IN ExcESS OF $50,000.00' 03102000 RECEIVED IN SHERIFF S oFFICE FOR SERVICE' TRANSACTION 900 i 03191 cTS ' cTS AMouNT pAID $4B.00. 04052000 SHERIFF' RETURN FROM [21] coUNTY· DEFENDANT ASHLEY KNoSKY SERVED puRsUANT TO pA.R.c-P' 9402[A) ii)sERVED DEFENDANT ASHLEY KNoSKY pERsoNALLY· > cMD=[RT,SR, FR, BR'TR) coNTINUED ON NEXT pAGE xMIT -->< > cvRD 2041 BLIC AccESS sYS~.~M~ DATE' 05/09/2000 ~TY oF BucKS PU_~ DocKET LOO~U~_~= A'TIME: 14:06 , ~MD --> < > ~ oFFICE O~ r~ >JUDGE 18 ub~ ................... v-- ~^<~1486>START DATE < ................... ;;;ENDANT __~y ,~ocKET9 <2000 u ................ ASMbm ~ ...................... VS KNoSKY JoHN 1-5 pLAINTIFF EILEEN DoES BORDEN cTS 04142000 pAPERS RETURNED TO pRoTHONOTARY'iNVOICE MAILED TO$72.68- MICHAEL J' MCKENNE, ESQ''TRANsACTION ~00 1 03191- REFUND: JOHN J. GONZALES, ESQUIRE ATTORNEY I.D. # 17168 1200 BUSTLETON PIKE, SUITE 13 FEASTERVILLE, PA 19053 (215) 322-2040 005562 '00004 Attorney for Defendant, Ashley Knosky EILEEN BORDEN 481 Hamilton Blvd. Mordsville, PA 19067 ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS BUCKS COUNTY No. 00-01486 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendant Ashley Knosky's Preliminary Objections, Notice to Plead, and Memorandum of Law in Support of Preliminary Objections has been served by first-class mail, postage prepaid by the undersigned on May 12, 2000 to the addressee stated below at the address below: Michael J. McKenna, Esquire 648 Longwood Avenue Cherry Hill, NJ 08003 By: ESQUIRE LAW OFFICES OF JOHN J. GONZALES, P.C. i ,of ~ SHERIFF'S RETURN , _ Bucks X 41093) Deputize To (:2 1 ) County _ (1010) Certified Mail. Pa. R.C.P. # - (1103) ~,~s~t - Pa. R.C,<P,~ff--~------ Case. ~ 0/~ Filed ~/ ~/~ A~ion ~v~] R~mp]ain~ Plaintiff Eileen Borden vs Defendant Ashley Knosky ~056 Edward Drive MR~han~c~burq. PA 17055 Served under Pa.R.C;P. #402 . _ /~1003) Bucks -' (1014) Oeputizea uoumy. ~.~A) (i) Defendant personally~w~ {A) (2) (i) Fami~ Me~r ~ / ~A) (2)(iii) p~a/ge o] ' ~1~4) By Posting ~1011} Ce~ifi~ Mail (1 ~6)Address Se~ if Different By Handing to . ~ Not Sewed __(1016) BuckS (1012) Certified Mail 30 Days Ran Out Defendant Moved Def. Unknown - ,. Checked Post Office Forwarding Address · (1015) Deputized County Defendant Not Home Address Vacant Dep. Needs Better Add. No Forwarding 125) Other Twp./Boro By Deputy Witness At /"~'/ o'clock (AM/~on (] ~'/J~ ~ The above document was servea~/not served on the defendant as per information listed above in the County of Commonwealth of Pennsylvania. So answers: Sheriff of County Affirmed and subscribed before me on this day / / , Prothonotary Affirmed and subscribed before me on this day Notary Public My Com. Exp. Case # 00-0148~ 3/20 I hereby deputize the Sheriff of (21) _ Cumberland County to serve the within Civil $ I r)C) _ O0 Enclosed for service, Please use this card for our~'eturn. Thank you. ~m"W~ance-R.'~chaals~ Sheridof'Buck~ County A~ney~ichael J. McKenna Esq. ~4R r. nnqwood Av~. ~1013) Invoice mail~ on / / Special' Instructions 20 00. DUPLICATE RECEiF- RECEIPT # 2680 ~ 03131 o/~ TRANSACTION # CU '880 ~ FOR M ~KENN~ AND 03/10/2000 08:57 PC $0809825 48.00 TOTAL PAI~ 48.86 TOIAL COST 48.00 CHANGE 0.86 7H~NK'¥OU S~qERIFF ' S RETURN - REGULAR CASE NO: 2000-00227 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BORDEN EILEEN VS KNOSKY ASHLEY BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KNOSKY ASHLEY the DEFENDANT , at 0013:51 HOURS, on the 5th day of April at 6056 EDWARD DRIVE MECHANICSBURG, PA 17055 by handing to ASHLEY KNOSKY a true and attested copy of COMPLAINT & NOTICE together with , 2000 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit 2.50 Surcharge .00 .00 27.32 Sworn and Subscribed to before me this ~ day of Not 9~RIAL SEAL PATRICiA A. SHATTO, Notary Public Carlisle Bero, C~ml~eriand O~unty My Commission Exg, es~Dece~t~f 200~ So Answers: R. Thomas Kline 04/06/2000 Deputy Sheri f~ BUCKS COLrNTY SHERIFFS DEP ' V, TMENT LAWRENCE IL MICHAELS WILLIAM DALTON CI47'~F DEPUTY SOLICITOR Bucks County Courthouse Doylestown, PA 18901 (215) 348-6124 (215) 348-6138 TO: POSTMASTER DOCKET #: ADDRESS INFORMATION REQUESTED Please furnish this agency with the new address, if avai!abl¢, for h% following individual or verify whether the address g~v~n veiow ~s one at which mail for this ind~wdual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on thi boxholder's application form. LAST KNOWN ADDRESS: /.~-c~'x:~ ['~o'07~ {~-o.,~/ I certify that the address infoimation for this individual is required for the performa!Ke of I~is agency's official duties. DEPUTY SHERIFF ]~MAIL FOR POST OFFICE USE ONLY IS DELIVERED TO ADDRESS GIVEN NEW ADDRF_.~S [ ] NOT KNOWN. AT .aDDRESS GIVEN [ ] MOVED, LEFT NO FORWARDING ADDRESS [ ] NO SUCH ADDRESS [ ] OTHER (SPECIFY): AGENCY Ri~-rORN ADDRESS RD 10 (12/97) BOXHOLDER'S STR~.WI' ADDRESS OF BUCK~ COUI~iTy OFFICE OF COURT ADMII S?RATOR DOYLE~TO~, PA 18901 _cML COVER SHEET 005480.00 82 info~uat/on provided herein is for case flow and calendar raana~ement purposes only. . s~th-~e zor m~ldn~ aocket entries ~c--' ....... '~ ..... ~ mw or ~es of ~ ~, ,~ ~oce ~e ~ of a~on comm~c~. n a~uments for C~encemen: of ac~ons ooo 4sa Case No. PLAINTIFFS EiLF~-N BORDEN Mir,h~,=] ,T. N~nn~. ES~. I.D. 35321 A~-t~ney R~e ~ ,ID # DEFE/~D~MITS 'ASBT,~Y KROSKY and JOI14 DOES 1 ~ck one ula~ificalion only) TI'RACTS Mechan/cs Lien 057 EmpIoyment 525 Insurance 526 ,,, No-Fault Insurance 527 ~Ne~otiable tna~rumen: 528 ~Product Liability 52g Wa~-:~nt7 530 ~Mort~age Foreclosure 060 ~Replevin (Wit2i Order) 054 ~Assumpait 046 __Other 531 Motor Vehicle 047 :Non-Motor Vehicle 048 X Other Personal Injury 049 Assault 532 Libel/Slander 533 -Medical/Malpractice 534 Lc§al Malprac~/ce 535 - Product Warranty Liability 536 -- Other $$7 _ _DJ Appeal - AssUmpai~ 025 -- DJ Appeal - Trespasa 337 Award of Viewer~ 501 _ Board of Assessment 301 __Pa. Labor Relations Board 369 Board of Elections 3 i9 Local Agency 262 T · A.tt~.r.ey N.me ~ ID # -EjecUnen~ 053 .. Partition 309 .... _ Qu/et Title 062 " _ .L~bor Dispute 540 ~d~ua 0~ D~I~ Jud~ent ~ I - Quo W~o 056 . O~ 539 I Zoning Hearing Board 030 _Suspension of Operator's License 134 Suspension of Registration 694 O~er 538 .. o ~ (Check only it' demanded in Complakit.] THIS IS A MAJOR JURY MATTER 005480 '00082 EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA. 19067 Plaintiff vs. ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA. 17055 Defendant. Michael J. McKenna, Esquire I.D. No. 35321 648 Lon~wood Avenue Cherry Hill, New Jersey 08003 COURT OF COMMON PLEAS BUCKS COUNTY TRIAL DIVISION0000~4~6 TERM COUNTY NO: CIVIL ACTION - LAW COMPLAINT - 2120 - MAJOR JURY TRIAL 1. Plaintiff, Eileen Borden, is an adult individual residing at 481 Hamilton Blvd., Morrisville, PA. 2. Defendants, Ashley Knosky and John Does 1 through 5, are the record lessors of the real property located at 6056 Edward Drive, Mechanicsburg, PA. 3. On or about November 8, 1998, the Plaintiff, Eileen Borden, was an invitee in the premises of 6056 Edward Drive, Mechanicsburg, PA. 4. While walking down the steps in the morning Plaintiff put her left foot down on the floor and the floor was uneven due to the fact that Defendant started to rip up her slate and parcel board flooring so she could replace it with another floor covering, which caused the Plaintiff to fall and sustain serious and permanent injuries as more specifically described herein. CO~ T Eileen Borden vs. Ashley Knosky 5. Plaintiff, Eileen Borden, incorporates by reference paragraphs 1 through 4 as though same were set forth fully herein at length. 6. At all times material hereto, Defendants, Ashley Knosky and John Does 1 through 5, were in exclusive possession, management and control of the premises located at 6056 Edward Drive, Mechanicsburg, Pennsylvania. 7. At all times material hereto, Plaintiff, Eileen Borden, was an invitee lawfully upon the premises situate at 6056 Edward Drive, Mechanicsburg, Pennsylvania. 8. The slip and fall was caused exclusively and solely by the Defendants' negligence, carelessness, and recklessness in that: (a) Defendants caused or permitted the floor of the premises to be in a dangerous condition, which condition created a substantial risk of injury to all persons using said property in any manner in which it was reasonably foreseeable that it would be used. (b) Defendants failed to make a reasonable inspection of the premises, which would have revealed the existence of the dangerous condition posed by the insufficient and improper care of the floor. (c) Defendants failed to give warning of the dangerous condition posed by the insufficient and improper care of the floor, or take any other safety precautions to prevent 005480.00082 injury to the Plaintiff and other visitors. (d) Defendants failed to maintain the property. (e) Defendants violated the ordinances of Mechanicsburg, Pennsylvania pertaining to the maintenance of buildings and facilities. (f) Defendants were otherwise negligent under the circumstances. 9. Solely as a result of Defendants' negligence, carelessness, and recklessness, Plaintiff sustained injuries to her body including but not limited to a fracture of the left fifth metatarsal shaft, which has caused Plaintiff great pain and suffering, which may continue for an indefinite time in the future and may be permanent. 10. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries. 11. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties. WHEREFORE, Plaintiff, Eileen Borden, claims damages of the Defendants, Ashley Knosky and John Does 1 through 5, in an amount in excess of $50,000.00 together with interest and costs. COUNT II Eileen Borden v. Ashley Knosky 12. Plaintiff, Eileen Borden, incorporates by reference paragraphs 1 through 11 as though same were set forth fully herein at length. 005480:00082 13. At all times material hereto, Defendants, Ashley Knosky and John Does 1 through 5, a public entity, were in exclusive possession, management and control of the premises, located at 6056 Edward Drive, Mechanicsburg, Pa. 14. At all times material hereto, Plaintiff, Eileen Borden, was an invitee lawfully upon the premises situate at 6056 Edward Drive, Mechanicsburg, Pennsylvania. 15. The slip and fall was caused exclusively and solely by the Defendants' negligence, carelessness, and recklessness in that: (a) Defendants caused or permitted the floor at the premises to be in a dangerous condition, which condition created a substantial risk of injury to all persons usin9 said property in any manner in which it was reasonably foreseeable that it would be used. (b) Defendants failed to make a reasonable inspection of the premises, which would have revealed the existence of the dangerous condition posed by the insufficient and improper care of the floor. (c) Defendants failed to 9ire warnin9 of the dangerous condition posed by the insufficient and improper care of the floor, or take any other safety precautions to prevent injury to the Plaintiff and other visitors. (d) Defendants failed to keep the maintain the property. (e) Defendants violated the ordinances of Mechanicsburg, Pennsylvania pertainin9 to the maintenance of buildings (f) 005480-00 )82 and facilities. Defendants were otherwise negligent under the circumstances · 16. Solely as a result of Defendants' negligence, carelessness, and recklessness, Plaintiff sustained injuries to body including but not limited to a fracture of the left fifth metatarsal shaft, which has caused Plaintiff great pain and suffering, which may continue for an indefinite time in the future and may be permanent. 17. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries. 18. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties. WHEREFORE, Plaintiff, Eileen Borden, claims damages of the Defendant, Ashley Knosky and John Does 1 through 5, in an amount in excess of $50,000.00 together with interest and costs. COUNT III Eileen Borden vs. Ashley Knosky 19. Plaintiff incorporates by reference paragraphs 1 through 18 as though same were set forth fully herein at length. 20. As a result of their combined effects of the above named Defendants, the Plaintiff, Eileen Borden, was made to suffer the aforementioned damages all to her great financial damage and loss. 21. The combined effects of the above named Defendants' and/or omissions resulted in the various acts 005480-00082 aforementioned damages, the extent of which were made greater by the aggregate of their respective acts. 22. But for the various acts and/or omissions of the aforementioned Defendants, the Plaintiff, Eileen Borden, would not have suffered damages to the extent, duration or nature of these distinct but concerted acts of the above named Defendants. WHEREFORE, Plaintiff, Eileen Borden, claims damages of the Defendants, Ashley Knosky and John Does 1 through 5, in an amount in excess of $50,000.00, together with interest and costs. Dated: March 3, 2000 MICHAEL J. M~K~_NNA, E~S~QUIR,: Attorney for Plaintis~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS ss 005480:'00082 VERIFICATION MICHAEL J. MC KENNA, ESQUIRE, hereby states that he is the attorney in this action and verifies that the statements made in the foregoing pleading are true and correct tot he best of his knowledge, information and belief. The undersigned understands that the statements there are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Dated: March 3, 2000 MICHAEL j., ~NNA, ESQUIRE ~'V~ARTSON DEARDORFF 'X~V[LLIAMS 6~ OTTO TEN EaST Hl~iH C),RLISLE, I~g~YL','^NI^ 17013 EILEEN BORDEN, Plaintiff ASHLEY KNOSKY and JOHN DOES, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2000-5265 JURY TRIAL OF TWELVE DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS 1. Paragraphs 8(0 and 15(f) allege: "Defendants were otherwise negligent under the circumstances." Such a broad allegation violates the requirement that Plaintiff's Complaint plead the factual basis of her claim and, therefore, should be stricken. 2. Plaintiff's Complaint is not verified by Plaintiff, nor does the verification signed by the attorney aver that Plaintiff is unavailable and/or unable to execute a verification. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williarn~, Esquire I.D. No. 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Ashley Knosky Dated: August 28, 2000 MARTSON DEARDORFF WILLIAMS 6~' OTTO MDW N.O TIN E~TREET CARLISLE, I'E~NNSYLVANIA 170~3 EILEEN BORDEN, Plaintiff ASHLEY KNOSKY and JOHN DOES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2000-5265 JURY TRIAL OF TWELVE DEMANDED PRAECIP_~_~_E TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Ashley Knosky in the above matter. Dated: August 28, 2000 MARTSON DEARDORFF WILLIAMS & OTTO By_ Thomas J. Willi(xm~, Esquire I.D. No. 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Ashley Knosky CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. McKenna, Esquire McKENNA & MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 MARTSON DEARDORFF WILLIAMS & OTTO .Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 28, 2000 EILEEN BORDEN 481 Hamilton Blvd. Morrisville, PA. 19067 Plaintiff vs. ASHLEY KNOSKY and JOHN DOES 1 THROUGH 5 6056 Edward Drive Mechanicsburg, PA. 17055 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2000-5265 JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY. Kindly substitute the verification of Plaintiff in lieu of the verification of counsel previously filed. Mi nKenna, Esq. I.I~. No. 3! ~21 648 Longwood Avenue Cherry Hill, N.J. 08003 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS ss VERIFICATION EILEEN BORDEN, hereby states that she is the plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements there are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Dated: EILEEN BORDEN MARTSON DEARDORFF WILLIAMS t~ OTTO MDW&O CAILLISLE, PENNSYLVANIA 17013 EILEEN BORDEN, : Plaintiff : : ASHLEY KNOSKY and JOHN DOES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2000-5265 : JURY TRIAL OF TWELVE DEMANDED ANSWER AND NOW, comes Defendant, Ashley Knosky (here and after referred to as "Defendant"). by and through her attorneys MARTSON DEARDORFF WILLIAMS & OTTO and refers as follows in Answer to Plaintiff's Complaint. 1. Admitted. 2. Denied. All times pertinent hereto only Ashley Knosky owned the real property located at 656 Edwards Drive, Mechanicsburg, PA. 3. Denied. On or about November 8, 1998 PlaintiffEileen Borden was a licensee in the premise located at 656 Edwards Drive, Mechanicsburg, PA (sometimes herein referred to as the "premises"). 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form belief as to how Plaintiff's foot injury occurred. It is specifically denied that Plaintiff sustained serious and permanent injuries. COUNT I Eileen Borden v. Ashley Knosk¥ 5. Paragraphs 1 through 4 of the Answer are incorporated herein by reference thereto. 6. Denied. Only Defendant was in exclusive possession and control of the premises located at 656 Edwards Drive, Mechanicsburg, PA. 7. Paragraph 3 hereof is incorporated herein by reference thereto. 8. Denied. It is denied that Defendant was in any way negligent, careless or reckless, either in general or in part as noted in paragraph 8 of Plaintiff's Complaint. a. It is specifically denied that a dangerous condition existed on the premises at any time. b. The condition of Defendant's floor was readily observable to anyone who was not blind. c. Denied. Plaintiff was made fully aware of the condition of Defendant's floor prior to her injury. d. Denied. Defendant maintained her property in excellent condition. e. Denied as a conclusion of law. f. Denied as a conclusion of law. 9-11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the nature and extent of Plaintiff's injuries, the extent of any disability or the expense of treatment. WHEREFORE, Defendant demands judgment against Plaintiff. COUNT II 12. Paragraphs 1 through 11 hereof are incorporated herein by reference thereto. 13. Denied. Paragraph 6 hereof is incorporated by reference herein. It is specifically denied that any "public entity" had any interest in Defendant's premises. 14. Denied. Paragraph 3 is incorporated herein by reference. 15. Denied. Paragraph 8 is incorporated herein by reference. 16-18. Denied. Paragraphs 9, 10 and 11 are incorporated herein by reference. WHEREFORE, Defendant demands judgment against the Plaintiff. COUNT III 19. Paragraphs 1 through 18 hereof are incorporated herein by reference thereto. 20-22. Denied for the reasons previously stated. It is specifically denied that any person or entity, other than Defendant, was in possession or control of the premises on the day of Plaintiff's injury so there was no "combined effects" or "consertive acts" by anyone. WHEREFORE, Defendant demands judgment against Plaintiff. 23. NEW MATTER Paragraphs 1 through 22 hereof are incorporated herein by reference thereto. 24. If the Plaintiff suffered the damages alleged herein, which is denied, then those damages were caused in whole or in part by her own negligence and recovery herein is ban'ed or diminished in accordance with the provisions of the Pennsylvania Comparative Negligence Act. 25. If the Plaintiff suffered the injuries alleged herein, which is denied, then recovery herein is barred by her assumption of the risk of any such injuries. 26. Plaintiff came to Defendant's home on Saturday, November 7, 1998, for a visit, during which she observed and discussed with Defendant the condition o fDefendant' s floor as being under repair by Defendant. 27. Prior to her injury, Plaintiffwas aware that the floor near the rear of Defendant's house was under repair and that certain slate flooring and wooden subflooring had been removed in that area so that the surface floor was not completely smooth. WHEREFORE, Defendant demands judgment against the Plaintiff. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO iT. hD°. mNaoS. J1 '75W(~,a/ms' Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Ashley Knosky Dated: VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Ashley Knosky- 5w" ~. q~ CERTIFICATE OF SERVICE I, Jennifer L. Kelley, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. McKenna, Esquire McKENNA & MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 MARTSON DEARDORFF WILLIAMS & OTTO By /~ff~ 2~/nnifer ~. Kelley Ten East High Street Carlisle, PA 17013 (717) 243-3341 MDW stO C',I~klSLE, PENNS'~;ANIA 17013 EILEEN BORDEN, Plaintiff ASHLEY KNOSKY and JOHN DOES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2000-5265 JURY TRIAL OF TWELVE DEMANDED AND NOW, this 5t~ day o~, 2000, in accordance with the foregoing Stipulation and by agreement of both parties, the Preliminary Objections filed by Defendant are resolved as All references to a John Doe or John Does are redacted from the Complaint; Paragraphs 8 (f) and 15 (f) that allege: "Defendants were otherwise negligent under the circumstances" are deleted from the Complaint; and 3. Plaintiff shall file a substituted Verification for the Attorney's Verification presently on file. Defendant shall file an Answer to the Complaint within 20 days of the date of this Order. follows: 1. 2. BY THE COURT, ,J. lO-q- 09 EILEEN BORDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EILEEN BORDEN, Plaintiff ASHLEY KNOSKY and JOHN DOES, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2000-5265 JURY TRIAL OF TWELVE DEMANDED STIPULATION The parties hereto, acting by their attorneys of record, hereby stipulate and agree that the attached Order should be entered to dispose of the Preliminary Objections filed by Defendant. Date: Date: McKENNA & MARCC 648 Longwood Aver Cherry Hill, NJ 08002 (856) 665-7771 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS & OTTO Thoma . ' ' ,Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. McKenna, Esquire McKENNA & MARCONI 648 Longwood Avenue Cherry Hill, NJ 08002 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 29, 2000 IN TIlE COURT OF COMMON PLEAS OF CUMBEI I,AND COUNTY BORDEN : VS. : : KNOSKY & JOHN DOES : NO. 2000 5265 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3.No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). 10/2/00 File #: M267227 THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PMILADELPHIA PA 19135 (215) 335-3581 By: C&ra Peters IN ~ COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY BORDEN VS. KNOSKY & JOHN DOES No. 2000 5265 TO: MICHAEL MCKENNA, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 9/8/00 THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Cara Peters Enc (s): File #: Copy of subpoena (s) Counsel return card M267227 COt~TY OF ~ BORDEN : vs. : Fi le KNOSKY & JOI--llq DOES : 2000 5265 HUP, TO: ATTN: SUSPOENATO PRO[XICED~NT$ORTHINGS FOR DISOOVERYPURSUANTTORULE 4009.22 3400 SPRUCE ST, PHILA PA 19104 MEDICAL RECORDS DEPT (Name of Person o~ Entity) Within twenty (20) days altec service of this subpoena, you are o~de~ed by the court to p~ce the foll~i~ MEDICAL LEGAL REPKOmuu'a"uz~o, (Add~ess) You m~y deliver o~ m~il legible copies of the ~ts o~ p~o~uce things requested bt this subpoena, to~jethe~ with the certificate of o~,wli~oce, to the pa~ty m~king this request at the add~ess listed ~bove. You have the right to seek in advance the reat~nable cost of preoaring the copies or producing the things sought. If you fail to produce the doc~nts or things cequired by this subpoena within twenty (20) days afte~ its service, the pa~ty serving this s~a ~y s~k a ~rt ~de~- ~2,~el1 i~. y~ ~ ~,~ly wi~ 'it. ' ~ TH I S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOHI NG PERSON: NA~: THOMAS J WILLIAMS, ESQ ADORESS: MARTSON DEARDORFF WILLIAMS TELEPHONE; , SUPREME OOURT ID It. ATTORNEY FOR: ~'~'~'~? TC~T ~ PA ] 7013 215-33b-32i2 M267227-01 DATE DEFENDANT 'Se~l 6f the,Oou~t BY THE COURT: Prothonotar'y/O~i~r~, C'ivi 1 Oivisien ~ty (Elf. 7/97) ADDEND UM TO SUBPOENA BORDEN Vs. KNOSKY & JOHN DOES No. 2000 5265 CUSTODIAN OF RECORDS FOR: HUP Any and all hospital records, including microfilm, microfiche mer enc room reports, x-ray reports, out-patient records physical ~her~py ~ecords, and any other information pertaining to: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. County of: CUMBERLAND MLR File #: M267227-01 BORDEN ~ ~ : , KNQSKY, & 'JOHN .DOES : 2000 5265 TO: SUBPOENA TOI~~NTSORTHII~ FOR O~SC:OV~¥PLI~UANTTORULE4009.22 SEIDLE HOSP, 120 S FILBERT ST, MECHANICSBURG PA 17055 ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after servioe of this subpoer~, you are ordered by the court to produce the fol lo~ing doc~n~nt~ t~C...~..~D .~...~E_ .13~1_I__1~/I at I~EDICAL LEGAL 'Y?u, may deliver or mail legible copies of the docu,ents or produce things requested this sUbP~a, togethe~ wi:h the certificate of o~',~liance, to the party making thi: request at the add~ess listed above. You have the right to seek in advance the rea~onabl( cost' of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twent) (20) days after its service, the party serving this subpoena may seek a court orde~ am,~elling you to oa',uly with it. THIS SUI~OOENA WAS 1:5~ AT THE REQUEST OF THE FOLEOWI NG PERSON: THOM3%S J WILLIAMS, ESQ _~_~m,~o~l DFJ~RDORFF WILLIAMS TELEPHONE: SUPRE~ COURT ID # C~LiSLE, .~ 17013 215-335-3212 A1-FORNEY FOR: DEFENDA/qT M267227-02 DATE: '~q /di'Tt,~.) ' 'Sea"l o~ the oourt BY THE OOURT: P'r°thonota~y/(~le~, Oi¥il Oivision , ! i ', D~puty (Eff. 7/97) ADDEND UM TO SUBPOENA BORDEN Vs. KNOSKY & JOHN DOES NO. 2000 5265 CUSTODIAN OF RECORDS FOR: SE~)LEHOSP Any and all hospital records, including microfilm, microfiche mer encv room reports, x-ray reports, out-patient records physical e. g ~ ~ --~ .... other information pertaining to: t~erapy recorQs, ~u =~ NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. County of: CUMBERLAND MLR File #: M267227-02 BORDEN : : Vs. : Fi le No. KNOSKY & JOHN DOES : : : 2000 5265 TO: SUBPOENA TO P~ODUC~ ~NTS O~ TH I FO~ D I SOOVERY PURSUANT TO RULE 4009.22 ST MARY SPORTS MED, LANGHORNE NEWTOWN RD 2ND FL, LANGHORNE PA 19047 (Nane of Person or Entity) Within twenty (20) days after service of this sub~x~qa, you are ordered by the court to produce the fo1 lowing docunent.~th~Ac~D. at ¸ MEDICAL LEGAL REPRODUCTlO~, (Address) You may deliver' or mail legible copies of the documents or p~oduce things requested this subpoena, togethe~ with the certificate of cc~,~liance, to the pa~tymaking thi~ request at the add~ess listed above, You have the right to seek in advance the rea~onabl~ cost of preoaring the copies or producing the things sought, If you fail to produce the ~ts or things recruited by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde~- ~3,~llin9 you to c~ly with it. TH I S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMe: THOMAS J WILLIAMS, ESQ ADORESS: MARTSON DEARDORFF WILLIAMS TELEPHONE: , SUPREPIE OOURT ID It ATTORNEY FOR: 215,-335/3~J-z DEFENDANT M267227-03 DATE: ~ 9/~¢1c0 Se~l ~f the Court BY TI'-IE OOURT: Prothonotary/(~k, Civil Division (Eff. ~/97) ADDEND UM TO SUBPOENA BORDEN Vs. KNOSKY & JOHN DOES No. 2000 5265 CUSTODIAN OF RECORDS FOR: ST MARY SPORTS N[ED ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M267227-03 BORDEN VS. KNOSKY & JOHAI DOES Fi le No. : : : 2000 5265 TO: SUBPOENA TO PR(X3UCE D(X3JI~NTS OR TH IN~S FOR DISCOVERY PURSUANT TO RULE 4009.22 ORTHO INST OF PA (Name of Pe~so~ o~ Entity) Within twenty (20) days afte~ service of this sublx~, you are ocdeced by the court to pmxluce the following doc~ment.~ o~ things: at * * ql~W. ATTACHED ADDENDUM** ME---~i'-CAL L~:~ REPRODUCTIONS I~'~ ~o,~n n"r~cmn~l' .qT (A44res$) P~LA PA 19135 You may del ive~ o~ mail legible copies of the doctments or p~oduce things requested this subpoena, togethe~ with the centificate of ;~,wliance, to the party making thiz request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to p~oduce the cloctments or things required by this subpoena within twenty (20) days afte~ its se~vlce, . the party, serving this subpo~qa may s~k a ~rt ~de~- ~,~11i~ y~ to ~,~ly with it. : TH I S SUBPOENA WAS ISSUED AT TIE REQUEST OF THE FOLLOW I NG PERSON: NAME: THOMAS WILLIAMS, ESQ ADORE,SS: ~F__~AMS CARLISLE PA 17013 TELEPHONE: (215) 335-3217, SUPREME ODE. IRT ID # DEFENDANT ATTORNEY FOR: M267227 DATE: Se~l bf the Court BY THE COURT: (Eff. 7/97) ADDEND UM TO SUBPOENA BORDEN VS. KNOSKY & JOHN DOES No. 2000 5265 CUSTODIAN OF RECORDS FOR: OR~110 INST OF PA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 MAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 .CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File $: M267227-04 BORDEN VS. KNOSK¥ & JOHN DOES Pi le No. 2000 5265 TO: SUBP(~NA TO PRGOUCE ~NTS OR THINGS FOR D I SOOVERY PURSUANT TO RULE 4009.22 JOYCE & CAUTILLI PROF ASSOC (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to produce the following docune~t.~ o~ things: at **SEE ATTICu~D ADDENDUM** MEDICAL LEGAL REP~OuuC~iONS ~*~ =~ ............ (Address) P~TT,A PA 19135 You may del iver o~ mai 1 legible copies of the documents o~ p~oduce things requested this subpoena, together with the certificate of co~,~liance, to the party making thiz request at the add~ess listed above. You have the right to seek in advance the reasonable cost of preoaring the copies or producing the things sought. If you fail to produce the doc~nents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde;- ~xm,~elling you to ~ly with it. TH I S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOCLOWl NG PERSON: TELEPHONE: THOMAS WILLIAMS, ESQ l,l~R,i~SON DEkl~DC~FF WILLT~MS CART,T~LE PA 17013 (215) 335-3212 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT M267227 DATE: Seal of the Co~t BY THE OOURT: Prothonotary/C~erk~,, Civil Division / / Deputy (Eff. 7/97) ADDEND UM TO SUBPOENA BORDEN Vs. KNOSKY & JOHN DOES NO. 2000 5265 CUSTODIAN OF RECORDS FOR: JOYCE & CAUT~LLI PROF ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M267227-05 BORDEN VS. KNOSKY & JOHN DOES FileNo. : : 2000 5265 TO: SUBI~NA TO PROOUCE DOCUMENTS OR THII~S FOR O I SCOVERY PURSUANT TO RULE 4009.22 DR MARK ROSS (Name of Person o~ Entity) Within t~enty (20) days afte~ service of ~his subl~er~, y~ ~e ~ by the ~rt to ~ce the fo11~i~ ~t~ ~ ~ings: at ** SEE =mmACMED ADDENDUM** MEDICAL LEGAL ~":i~ODUC'fIOi~S -~,,,~,,~ =~ a~ n ...... ~Teem~ ~m (A~ess) PHILA PA 19135 You may deliver or mail legible copies of the doctrnents or produce things requested bt this subpoena, together with the certificate of c~i~liance, to the party making this request at the address listed above. You have the right to seek in advance the rear~nable cost of preoaring the copies or producing the things sought. If you fail to produce the doctments or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court orde;- ~,~elling you to c~,~ly with it. TH I S SUBPOENA WAS ISSUED AT THE REQUEST OF TI~ FOI_LOWI NG PERSON: NAME: THO~J~S WILLI~v~S, ESQ ADORESS: ......... DEAIIDORF? !~7TT'T'TAMS .CARLISLE PA 17013 ~LEP~E: (215) 335-3212 SUPREME COURT ID It.__ ATTORNEY FOR: DEFENDANT M267227 DATE: Seal of' the Court , (Elf. 1/97) ADDEND UM TO SUBPOENA BORDEN VS. KNOSKY & JOHN DOES NO. 2000 5265 CUSTODIAN OF RECORDS FOR: DR MARKROSS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND kNY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M267227-06 BORDEN VS. KNOSKY & JOH/q DOES Pi le No. : : 2000 5265 SUBPOENA T~ PRCOJCE DOCLt~NTS OR TH I ~ FOR D I S~:X)VERY PURSUANT TO RULE 4009.22 DR ELLIOT WILLIS (Nm~e of Person o~ Entity) Within twenty (20) days &fte~ service of this subpoena, you a~e o~de~ed by the court to m"o~ce the following doc~ment.~ or things: Yo~ may deliver or mail legible copies of the doctments or p~oduce things requested this subpoona, together with the certificate of co,.liance, to the party making thi~ request at the &cld~ess listed above. You have the right to seek in advance the reasonable cost of preoaring the copies or producing the things sought. If you fai 1 to produce the doctments or things required by this subpoena within twenty (20) days after its service, the party serving this sm may seek a court orde~- c~.~,,~,el ling you to o..~,~,ly with it. ~ TH I $ SUI~OENA WAS ISSUED AT THE REQUEST OF THE FOLLONI NG PERSON: THOMAS WILLIAMS, ESQ ADORESS: MARTSON DT!D3.DORFF I?FT,+,TAMS , CARLISLE PA 17013 TELEPHONE: (215) 335-3212 SUPRE~ COURT ID ATTORNEY FOR: DEFENDANT M267227 DATE: Seal 6f' 'd~e Cou~t BY THE CO JRT: Prothonotary/O)le~k,' Civi Division t / Oe~ty (Elf. 7'/97) ADDENDUM TO SUBPOENA BORDEN VS. KNOSKY & JOHN DOES No. 2000 5265 CUSTODIA~ OF RECORDS FOR: DR ELLIOT %%qLLIS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EILEEN M BORDEN ADDRESS: 481 HAMILTON RD MORRISVILLE PA DATE OF BIRTH: 03/22/44 SSAN: 175369039 CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File ~: M267227-07 :---o~ i~u$~olIolt aq:~ u? tli~$1u~lsqns aq Ileqs s~o~;tTsq~Y ~o luam:lu$odd¥ ~°t u°$~$~acl atl~ 'I-~:I[I 1~- O00g x6~ qXAX3 ~gg~ 'ON &O SY'I3& ~01~103 gO %~03 311I NI s~u~puala(l 'S30a NHOE pu~ ifS1SON~l ]Lg~HS~ 'A ',.5 Eileen Borden V Ashley Knosky and John Does 1 Through 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5265 CIVIL TERM ORDER OF COURT AND NOW, October 7, 2003, counsel having failed to call the above case for trial, the case is stricken from the November 3, 2003 thai term. Counsel is directed to relist the case when ready. ~5~ichael A. McKeman, Esquire For the Plaintiff ~homas J. Williams, Esquire For the Defendant Court Administrator ld By the Court, George Hoffer, P.J. MICHAEL J. McKENNA, ESQUIRE 648 Longwood Avenue Cherry Hill, NJ 08002 856) 665-7771 Attorney for Plaintiff identification No.35321 EILEEN BORDEN Plaintiff vs. {LEY KNOSKY et al Defendant. PHILADELPHIA cOUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2000-5265 ORDER TO MARK ACTION SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Please mark the above action settled, ended. discontinued and Mxch~el J4~cK~n AttOrney ~or Pla itiff, Eileen Borden Dated: November 18, 2003