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Home My WebLink About00-05803 VINCENT L. JOHNSON, ESQUIRE I.D. NO. 35633 6800 Stenton Avenue Philadelphia, PA 19150 215-849-7190 Attorney for Plaintiff This is an Arbitration Matter. Assessment of Damages Hearing is Required. JOANN S. CLARK and CALVIN CLARK,h/w: 4726 Umbria street Philadelphia, PA 19127 v. WESTERN SIZZLIN RESTAURANT 1205 Harrisburg Pike Carlisle, PA 17013-1647 and STB CORPORATION 1203 Harrisburg Pike Carlisle, FA 17013 COURT OF COM}!ON PLEAS Cm~BERLAND COUNTY NO. co- S'~ e;UL('-r~ CDHPLAINT IN CIVIL ACTION NOTICE AVISO You have be~n ~ued in court, If you wish to d.efend ilg:iinst the <:r,,;m~ ~et fonh in the following pllges, you mvS{ ,like action within tvvenlY (201 d<1Ys Olf~er thh complaint "nd notiee lire served, by e....leting a written appearance pcr.;onlllly or by attorney !lnd filing In .....riting "",rth the covn yo~r defenses Or objectIons to thl!: claims Sl:1C forth 3s"ins:, yo.... You 3re .....arned thllt if YQu fail to dO so the CiHC milY proceed without you iInd II Judgment' may be entered a!;3inst you by the court wi.hout further nOtice for any money cla.med in the com;;dalnt or lor any other daim or relief re<:!ues;:ec by lhe plaintiff. YOu may Jose money or property or other rifjMn imponant to you. YOU SHOUL.O TAX;E TI-\IS PAPE.R TO YOUR LAWYE.R,A7 ONCE. IF YOU 1-:"0 NOT HAVE A LAWYEFi OR CANNOT AF. 1'=01='.0 ONE., GO "TO OR TELEPHONE TH~ OFFICe. SET FORTH aE.I...OW TO FINO OUT WHERE YOU CAN GE" LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Aven ue Carlisle, PA 17013 71 7-249-3166 I I .1 I Le hiln demal'ldado a uned en la corte. si ustCld <:!uiere de- terv:;f"noe oa cH,n o;;;'omllnda~ ex-pulls,as en la~ pi;inl1s srguientes, usted tia(lc vointe (201 dias de plato al pllrti( de la fec~a dll Ie. c03t:"la....da y III notlfic;..c;i6n. K-'c;03 flllt..., ll;llntllr una ccmPllJ:cncill ll~crita 0 ,,1'1 p03aona e c()n \.In abO~3<:lo y ef'ltr~i:iJr a 1. cortu 03'" !orm~ I;~<:.rita sus def03f'l$aS ... sus ol:lfedones eo 135 C::em,H'd3S en t:antra de sv persona. S8,J llviHlde que si listed no ie defiendlJ. Ja corte :omari medid~~ y pucde cOntinuar \<'1 cemandl!! 011 CCl1tra ~uyl!. sin previo lIviiO e notiflcll<:.iCn. AC:ema~. Ie COrtll puece. decldir a favor dol d",milndtlnte y roquic.re QUO. U!'e9 cvmpla 1::01'1 ,odai 13~ provisiones de esta demand..,. Usted put.:~e perder dinllfo o ~us propledadcs u Cltres dercchos impo~tilntu para ultlla. t..lEVE ESTA DSMANOA A UN ABOGADO lNMEDIATA- MENTE, 51 NO TIENE ABOGAOO 0 SINO iTENe =LDlf\,"":'t'\O SVFlC1EN,E DE PAOAR 7AL SEFlV1CO. VAYA EN peRSON;. o LLAME POR TEl.t:FONA A L.A OFIC1NA CUYA DlRECC10N 511: ENCVENTRA ESCF\ITA ASAJO PARA AVER1GUAR DONOE S$ PUEDE CONSEGUIR f\SlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CarliSle, PA 17013 717-249-3166 Wiill 1', VINCENT L. JOHNSON, ESQUIRE 1.0. NO. 35633 6800 Stenton Avenue Philadelphia, PA 19150 215-849-71.90 Attorney for Plaintiff This is an Arbitration Matter. Assessment of Damages Hearing is Required. JOANN S. CLARK and CALVIN 4726 Umbria street Philadelphia, PA 19127 CLARK,hjw: COURT OF COMMON PLEAS CUMBERLAND COUNTY : : v. : WESTERN SlZZLIN RESTAURANT 1205 Harrisburg Pike carlisle, PA 17013-1647 and gTB CORPORATION 1203 Harrisburg Pike Carlisle, PA 17013 . . . . . . : . . NO. COMPLAINT IN CIVIL ACTION 1. The plaintiffs, Joann S. Clark and Calvin Clark, hjw, are adult individuals residing at the above-captioned address. 2. The defendant, Western sizzlin Restaurant, is a business duly organized and existing pursuant to the laws of the Commonwealth of pennsylvania, with a place Of business located at the above~captioned address. 3. The defendant, STa Corporation, is a corporation duly organized and existing pursuant to the laws of the Commonwealth of Pennsylvania, with a place of business located at the above- captioned address. 4. It was the duty of the defendants, acting by and through their duly authorized agents, servants, workmen andjemployees, acting within the course and scope of their employment, to use ordinary care and diligence to maintain the area at Western Sizzlin Restaurant located at the above-captioned ',~ of.. "' ,~ ,~" address in a condition reasonably safe for its intended uses and free from all defects Which would render it dangerous and unsafe for plaintiff, Joann S. Clark, or present an unreasonable risk of harm to her, in her lawful use of same. 5. It WaS the duty of the defendants to warn the plaintiff, Joann S. Clark, of the dangerous and unsafe conditions existing on the aforesaid area. 6. Notwithstanding the defendants' respective duties to the plaintiff, Joann s. Clark, and other members of the pedestrian-public, the defendants did, on September 4, 1998, and for a long time prior thereto, negligently, carelessly and recklessly maintain and control the area in the Western Sizzlin Restaurant, all of which the defendants knew, or in the exercise of reasonable care, should have known. 1. At all times mentioned hereto, the defendants failed to maintain and keep in a safe condition the floor located near the hot foods bar in the salad bar area. 8. The defendants knew or should have known of the aforesaid dangerous condition existing on the floor located near the hot bar. 9. On or about September 4, 199~, at or about 5:45 p.m., the plaintiff, Joann S. Clark, was a business-invitee at the Western SizZlin Restaurant. 10. At the same time and place, the plaintiff, Joann S. Clark, was caused to slip and fall on a wet floor on the defendants' premises, as a result of which the plaintiff suffered various ills and injuries hereinafter more fully described. .. ~ c' .' ^ "Yo' I~, i", COUNT I JOANN S. CLARK v. WESTERN SIZZLIN RESTAURANT 11. Plaintiff incorporates by reference paragraphs 1 through 10 as though fully set forth herein at length. 12. The aforesaid occurrence and the injuries sustained by the plaintiff were caused by the negligence of the defendant in: a. failing to maintain adequately the above-described area within tne premises: b. permitting the aforesaid area to be and remain in a condition totally unsafe for any person to step upon; c. failing to use reasonable prudence and care to keep the aforesaid area in a safe condition: d. failing to warn persons using the aforesaid area of the dangerou$ condition of the said area; e. failing to use due care under the circumstances then known, or which should have been known, to them; f. violating the Statutes of the Commonwealth of Pennsylvania; g. any and all other acts of negligence which are discoverable under the Pennsylvania RUles of Civil Procedure. 13. Solely as a result of the aforesaid negligence of the defendant, plaintiff was caused to suffer various physical injuries in and about her person including, but not limited to her right knee, both wrists and right shoulder as well as injuries to the nerves and nervous system and various other ills and injuries, some of which may be permanent in nature. ~,.' ~- '. L...;. 14. As a result of the aforesaid accident, plaintiff, Joann s. Clark, has been or will be obliged to receive and undergo medical attention and care and to incur expenses for the injuries suffered, and she may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future. 15. As a further direct and proximate result of the conduct of the defendant, the plaintiff has been and will in the future be unable to attend to or perform her daily duties and occupations, all to her great detriment and loss. 16. As a further direct and proximate result of the conduct of the defendant, the plaintiff has been and will in the future be deprived of earnings and earning capacity, all to her great detriment and loss. WHEREFORE, plaintiffs demand damages of the defendants, both jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars plUS costs. COUNT II JOANN S. CLARK v. STB CORPORATION 17. Plaintiff incorporates by reference paragraphs 1 through 16 as though fully set forth herein at length. 18. The aforesaid occurrence and the injuries sustained by the plaintiff were caused by the negligence of the defendant in: a. failing to maintain adequately the above-described area within the premisesr b. permitting the aforesaid area to be and remain in a condition totally unsafe for any person to step upon; -' ~ ,,~ -" 1_, c. failing to use reasonable prudence and care to keep the aforesaid area i~ a safe condition: d. failing to warn persons using the aforesaid area of the dangerous condition of the said area: e. failing to use due care under the circumstances then known, or which should have been known, to them: f. violating the statutes of the Commonwealth of Pennsylvania: g. any and all other acts of negligence which are discoverable under the !:'ennsylvania Rules of civil Procedure. 19. Solely as a result of the aforesaid negligence of the defendant, plaintiff was caused to suffer various physical injuries in and about her person including, but not limited to her right knee, both wrists and right shoulder as well as injuries to the nerves and nervous system and various other ills and injuries, some of which may be permanent in nature. 20. As a result of the aforesaid accident, plaintiff, Joann s. Clark, has been or will be obliged to receive and undergo medical attention and care and to incur expenses for the injuries suffered, and she may be obliqed to continue to expend such sums or incur such expenditures for an indefinite time in the future. 21. As a further direct and proximate result of the conduct of the defendant, the plaintiff has been and will in the future be unable to attend to or perfor1\l her daily duties and occupations, all to her great detriment and loss. 22. As a further direct and proximate result of the conduct of the defendant, the plaintiff has been and will in the future , ~ ~' It.'.....,,.....,.,,~< be deprived of earnings and earning capacity, all to her great detriment and loss. WHEREFORE, plaintiffs demand damages of the defendants, both jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars plus costs. COUNT III CALVIN CLARK v. WESTERN SIZZLIN RESTAURANT AND STB CORPORATION 23. Plaintiff inoorporates herein by referenoe paragraphs 1 through 22 apove as fully as if set forth at length below. 24. At all times relevant to this law suit, Calvin Clark was and is the lawful husband of plaintiff, Joann S. Clark. 25. As a direct and proximate resUlt of the aforementioned injury to the plaintiff, Joann S. Clark, plaintiff, Calvin Clark, has been depriVed of the sex, sooiety, oompanionship and servioes of his wife, and he will be deprived of same for an indefinite period of time in the future, all to his great detriment and loss. 26. As a direct and prOXimate result of the aforesaid, plaintiff, Calvin Clark, has and will in the future be obligated to expend various sums of money in and about an effort to effect a cure for his wife of her injuries. WHEREFORE, plaintiffs demand damages of the defendants, both jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars plus costs. . ~, " " " l.ll.'... , i.~~ ~ VERIFICATION The undersiqned, having read the attached pleading, hereby verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not the signer. Signer verifies that he/she has read the within pleading and that it is true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleading are that of counsel, verifier has relied upon counsel in taking this Verification. This verification is made subject to the penalties of 18 pa. C.S. Section 4904, relatinq to unsworn falsification to authorities. OLZE::lljl!___&~______ ~N S. CLARK -,- "'- , " .' I -p VERIFICATION The undersigned, having read the attached pleading, hereby verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course ,of this lawsuit. The language of the pleading is that of counsel and not the signer. Signer verifies that he/she has read the within pleading and that it is true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleading are that of counsel, verifier has relied upon counsel in taking this Verification. This Verification is made sUbject to the penalties of 18 pa. C.S. Section 4~04, relating to unsworn falsification to authorities. __Q~_C~___ CALVIN CLARK , ~ -',~..""""'~ .....,...''"--'~''....,.~-'''' \ SHERIFF'S RETURN - REGULAR CASE NO: 2000-05803 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLARK JOANN S ET AL VS WESTERN SIZZLIN RESTAURANT ET KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STB CORPORATION the DEFENDANT , at 1345:00 HOURS, on the 25th day of August , 2000 at 1203 HARRISBURG PIKE CARLISLE, PA 17013 by handing to KEN BERRY, GENERAL MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers:~~~ R. Thomas Kline 08/28/2000 VINCENT L. JOHNSON Sworn and Subscribed to before By: me this 7~ day of -1."n;:;;)~ ;z,'07JV A. D. , n... tJ. ~'itl2fi-4 '- trl;U;'onotary . 1.~'" .~ ..'" ~ _' l_~;r"" ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-05803 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLARK JOANN S ET AL VS WESTERN SIZZLIN RESTAURANT ET KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WESTERN SIZZLIN RESTAURANT the DEFENDANT , at 1345:00 HOURS, on the 25th day of August , 2000 at 1205 HARRISBURG PIKE CARLISLE, PA 17013 by handing to KEN BERRY, GENERAL MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 R. Thomas r~-"'<?~ Kline 08/28/2000 VINCENT L. JOHNSON Sworn and Subscribed to before By: me this ? ~ day of ln1P~.2ovo A.D. .~ G. fv...,ud:., ~ rothonotary , , ~~i{/~~~-,:~~t .. JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs, v. WESTERN SIZZLlN RESTAURANT, and STB CORPORATION, Defendants. To the Prothonotary: - , ~ " - J" __ '" '- -' '-'_ " - ~~ ,~, "J; ,,'~.; ,,"', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 00-5803 CIVIL TERM ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Defendants Western Sizzlin Restaurant and STB Corporation. Respectfully submitted, LAW OFFICES OF WESLEY R. PAYNE Jo n C. Swartz, Jr., Esquire 1.0. NO. 62012 Hillside Corporate Center 5001 Louise Drive, Second Floor Mechanicsburg, PA 17055 (717) 691-2063 Attorney for Defendants Western Sizzlin Restaurant ahd STB Corporation , " "" L "'" . '. CERTIFICATE OF SERVICE I, John C. Swartz, Jr., Esquire, hereby certify that I have this 18th day of September, 2000 caused to be served via first class mail, postage prepaid, a true and correct copy of the foregoing pleading upon the following: Vincent L. Johnson, Esquire 6800 Stenton Avenue Philadelphia, PA 19150 "~"~....." - " ~- liC*l'lIdIiili.'~' Iv'l~~,,~i""i,I,~;"-roi~J~~ '" u ~'. lv;~ "ll''l>'~ w' . j, F t i i i I I !,' I i, , I I 0 0 0 ~ Cl -n ""Of!-, !/) m-' ,.." :-h:i:J 2:[[,1 -0 z'~' J'~- cos:;; UJ J;8 ~L !:';~Q C'; ;:::. " ~C -";",, '~';5 :'i:] ~. )>0 '"""'(':, c: ':';> Onl 3; (,j 51 -< 'D 2g ~ . ~ . i _": IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs, v. NO. 00-5803 CIVIL TERM WESTERN SIZZLlN RESTAURANT, and STB CORPORATION, Defendants. NOTICE TO PLEAD To: Joann S. Clark and Calvin Clark do Vincent L. Johnson, Esquire 6800 Stenton Avenue Philadelphia, PA 19150 You are hereby notified to file a written response to the enclosed Defendants' Answer with New Matter within 20 days of service hereof or a judgment may be entered against you. Respectfully submitted, LAW OFFICES OF WESLEY R. PAYNE J C. Swartz, Jr., Esquire A orney ID No.: 62012 Hillside Corporate Center 5001 Louise Drive, Second Floor Mechanicsburg, PA 17055-6912 (717) 691-2063 Counsel for Defendant(s) ~'q' , ,. ~ , "'(ii~iL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs, v. NO. 00-5803 CIVIL TERM WESTERN SIZZLlN RESTAURANT, and STB CORPORATION, Defendants. DEFENDANTS' ANSWER WITH NEW MATTER AND, NOW, COME the Defendants Western Sizzlin Restaurant and STS Corporation by and through their attorney, John C. Swartz, Jr., Esquire of the Law Offices of Wesley R. Payne, files this Answer with New Matter by averring as follows: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1, and, therefore, Answering Defendants deny same and demand strict proof thereof at trial. 2. Admitted. 3. Admitted. 4. Denied. The averments of paragraph 4 states conclusions of law to which no response or pleadings are necessary. 2 I l!!i',' 5. Denied. The averments of paragraph 5 states conclusions of law to which no response or pleadings are necessary. 6. Denied. The averments of paragraph 6 states conclusions of law to which no response or pleadings are necessary. By way of further response, it is specifically denied that for a long time prior to September 4, 1998 Defendants negligently, carelessly, and recklessly maintained and controlled the area in the Western Sizzlin Restaurant and Defendants had such knowledge, and, therefore, specific proof thereof is demanded at trial. 7. Denied. It is specifically denied that Defendants failed to maintain and keep in a safe condition the floor located near the hot foods bar and in the salad bar area, specific proof thereof is demanded at trial. 8. Denied. The averments of paragraph 8 state conclusions of law to which no response or pleadings are necessary. By way of further response, it is specifically denied that Defendants knew or should have known of any of the aforesaid dangerous condition existed on the floor located near the hot bar; and, therefore, specific proof thereof is demanded at trial. 9. Denied. The averments of paragraph 9 states conclusions of law to which no response or pleadings are necessary. 10. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint; and, therefore, Defendants deny the same and demand strict proof thereof at trial. 3 ~ '" " COUNT I JOANN S. CLARKV. WESTERN SIZZLlN RESTAURANT 11. No response required. 12. (a) through (gl denied. The averments of paragraph 12 (a) through (gl state conclusions of law to which no response or pleadings or necessary. However, by way of further response, it is specifically denied that the Defendants failed to maintain adequately the above- described area of the premises; permitted the aforesaid area to be in and remain in the condition totally unsafe for any person to step on; failed to use reasonable prudence and care to keep the aforesaid area in a safe condition; failed to warn persons using the aforesaid area of the dangerous conditions of the said area; failed to use due care under the circumstances then known, or what should have been known to them; violated any Statutes of the Commonwealth of Pennsylvania; performed any acts of negligence which are discoverable under Pennsylvania Rules of Civil Procedure; and, therefore, specific proof thereof is demanded at trial. 13. Denied. The averments of paragraph 13 state conclusions of law to which no response or pleadings are necessary. 14. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14; and, therefore, Answering Defendants deny same and demand strict proof thereof attrial. 15. Denied. It is specifically denied that as a direct and proximate result of the conduct of the Defendant, the Plaintiff has been or will in the future be unable to attend or 4 '< - -'~' iIll ;..;;" perform her daily duties and occupations all to her great detriment and loss; and, therefore, specific proof thereof is demanded at trial. 16. Denied. It is specifically denied that as a direct and proximate result of the conduct of the Defendant, the Plaintiff has been and will in the future be deprived of earnings and earning capacity, all to her great detriment and loss; and, therefore, specific proof is demanded at trial. WHEREFORE, Defendant Western Sizzlin Restaurant demands judgment be entered in its favor and against the Plaintiffs just costs and other such relief this Court deems just and appropriate. COUNT II IOANN S. CLARK V. STB CORPORATION 17. No response required. 18. (a) through (g) denied. The averments of paragraph 18 (a) through (g) state conclusions of law to which no response or pleadings or necessary. However, by way of further response, it is specifically denied that the Defendants failed to maintain adequately the above- described area of the premises; permitted the aforesaid area to be in and remain in the condition totally unsafe for any person to step on; failed to use reasonable prudence and care to keep the aforesaid area in a safe condition; failed to warn persons using the aforesaid area of the dangerous conditions of the said area; failed to use due care under the circumstances then known, or what should have been known to them; violated any Statutes of the Commonwealth of Pennsylvania; performed any acts of negligence which are discoverable under Pennsylvania Rules of Civil Procedure; and, therefore, specific proof thereof is demanded at trial. 5 ~ d~ ~- 19. Denied. The averments of paragraph 19 state conclusions of law to which no response or pleadings are necessary. 20. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 20 of Plaintiffs' Complaint; and, therefore, Answering Defendants deny same and demand strict proof thereof at trial. 21. Denied. It is specifically denied that as a direct and proximate result of the conduct of Defendant that Plaintiff has been and will in the future be unable to attend or perform her daily duties and occupations, all to her great detriment and loss; and, therefore, specific proof thereof is demanded at trial. 22. Denied. It is specifically denied that as a direct and proximate result of the conduct of the Defendant, the Plaintiff has been and will in the future be deprived of earnings and earning capacity; and, therefore, specific proof thereof is demanded at trial. WHEREFORE, STB Corporation demands judgment be entered in their favor and against the Plaintiffs plus costs and other such relief this Court deems just and appropriate. COUNT III CALVIN CLARKV. WESTERN SIZZLlN RESTAURANT AND STB CORPORATION 23. No response required. 24. Denied. The averments of paragraph 24 state conclusions of law to which no response or pleadings are necessary. 25. Denied. The averments of paragraph 25 state conclusions of law to which no response or pleadings are necessary. 6 , ,,' ~~" : .J..,-i...! ,-~ 26. Denied. The averments of paragraph 26 state conclusions of law to which no response or pleadings are necessary. WHEREFORE, Defendants Western Sizzlin Restaurant and STB Corporation demand judgment be entered in their favor and against the Plaintiffs, plus costs and other such relief this Court deems just and appropriate. NEW MATTER 27. Defendants incorporate paragraphs 1 through 26 of their Answer as if set forth more fully and at length. 28. Plaintiffs fail to set forth a cause of action for which relief can be granted. 29. Plaintiffs' claims are barred in whole or in part by the applicable Statute of Limitations. 30. Plaintiffs' claims are barred in whole or in part, restricted or diminished by the application of the doctrine of contributory negligence as may be applied to the facts disclosed in discovery. 31. Plaintiffs' claims are barred in whole or in part, restricted or diminished by the Pennsylvania Comparative Negligence Statute as may be applied to the facts disclosed in discovery. 32. Plaintiffs' claims are barred in whole or in part, restricted or diminished by application of the doctrine of assumption of the risk as may be applied to the facts disclosed in discovery. 33. Plaintiff was contributorily negligent. 34. Plaintiff was comparatively negligent. 35. Plaintiff assumed the risk of her injuries. 36. Plaintiffs' causes of action alleged and any damages claimed by plaintiff are the responsibility of individuals and/or entities over whom answering defendant had no control or right to control. 37. Any injuries or damages sustained by plaintiff were not proximately caused by any conduct of the answering defendant. 38. Plaintiffs' claims may be barred in whole or in part, restricted or diminished by the doctrine of accord and satisfaction. 39. Plaintiffs' claims may be barred in whole or in part, restricted or diminished by the doctrine of arbitration and award. 7 "'~' ~= ~O> '" - ,'. ~ J _~"'.'< 40. Plaintiffs' ciaims may be barred in whole or in part, restricted or diminished by the doctrine of discharge in bankruptcy. 41. Plaintiffs' claims may be barred in whole or in part by the doctrines of estoppel and/or immunity from suit, and/or laches and/or res judicata. 42. Plaintiffs' claims may be barred in whole or in part by the defense of release. 43. Defendants did not have any notice, either constructive or actual of any hazardous condition existing on the premises at the time of the subject incident described in Plaintiffs' Complaint WHEREFORE, Answering Defendants demand judgment in their favor and against plaintiffs, plus costs. Respectfully submitted, LAW OFFICES OF WESLEY R. PAYNE ". hn C. Swartz, Jr., Esquire Attomey 10 No.: 62012 Hillside Corporate Center 5001 Louise Drive, 2nd Floor Mechanicsburg, PA 17055-6912 (717) 691-2063 8 , i, _'0, VERIFICATION I, lie V\. ~er(j-- ,verily that the statements made in the foregoing pleadings are true and correct to the best of my personal knowledge, information or belief. I understand that these statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. 5K~~ STB Cor ration ~_ H' ~ ,. '\ , VERIFICATION I, , verify that the statements made in the foregoing pleadings are true and correct to the best of my personal owl edge, information or belief. I understand that these statements are made subject to the penalties of 18 Pa.C.S. !l4904, relating to unsworn falsification to authorities. a..-.- Iin Restaurant - CERTIFICATE OF SERVICE I, John C. Swartz, Jr., Esquire, hereby certify that I have this 25 day of September, 2000 caused to be served via first class mail, postage prepaid, a true and correct copy of the foregoing pleading upon the following: Vincent L. Johnson, Esquire 6800 Stenion Avenue Philadelphia, PA 19150 ELJ .:~.,;,..,..J. ,'.- '~-ili!~~~ll>tJ.;"'.!Tii,,"!O';\l'I~~~~~Ma,;~!~\!r_*.....iiiliiiIHli~_~_'~}jf"""1I1 >I!fm~ .,......:.J ,'", " , l'.....'.i. q il I'....' '1 \;j I' ,',1 H ,'j [{: !ij 1'1. I, i"I' W il 'I. ~: fj i i I' tl I' II () D C c: c;) -' -'1 ~: (."'" ---I "VU) ;-"1. rnu, '-0 -,1 Z..U .. j--- Z:C .!"0 (f)........ C', '-' -<2' . "_~ t r::C ~,' ".' <: -':'1 ~O ::if: ~}~~ c' >c r;.? ~ -'i )> '''' Xl -< ~ JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiff v. WESTERN SIZZLIN RESTAURANT and STB CORPORATION, Defendants ~ ~:!1i.~ ( 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-5803 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of June, 2001, upon consideration of Defendants' Motion To Compel, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Vincent L. Johnson, Esq. 6800 Stenton Avenue Philadelphia, PA 19150 Attorney for Plaintiffs John C. Swartz, Jr., Esq. Hillside Corporate Center 5001 Louise Drive Mechanicsburg, P A 17055-6912 Attorney for Defendants :rc BY THE COURT, .~ ~ lr J.1,b( Q--. - " ... \iiN\/f\1^SNN3d ^-LNnct',1 Gr,\".r\8?,tH^1f'\8 ",' 7 "1 S'} l-,,',t"II" 10 'j..:!. :c. ',ok v I Xtl\i.LC~' ;':, :,i ,~:f; ~1 ::10 3,~:;~:I,C-'C\J , "c' - j ~,-,.",.;i.; , ~. ,,'- ,"__C' ".,' . ''l'st ~" ..-- ,I JUN 2 02001 fj? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION )OANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs v. NO. 00-5803 CIVIL TERM WESTERN SIZZLlN RESTAURANT and STB CORPORATION, Defendants ORDER AND NOW, this day of , 2001, upon consideration of the Motion of Defendants, Western Sizzlin Restaurant and STB Corporation, to Compel Plaintiffs to respond to Defendants' Interrogatories and Request for Production of Documents, it is hereby ordered that Plaintiffs shall answer Defendants' Interrogatories and Request for Production of Documents within days. By the Court: j. 'lIf. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs v. NO. 00-5803 CIVIL TERM WESTERN SIZZLlN RESTAURANT and STB CORPORATION, Defendants MOTION TO COMPEL AND NOW, come the Defendants, Western Sizzlin Restaurant and STB Corporation, by and through their attorney, John C. Swartz, Jr., hereby move this Court to enter an Order pursuant to Pa. R.C.P. 4019(a)(I)(I') directing Plaintiff to answer Defendants' Interrogatories, Continuing Treatment Interrogatories and Request for Production of Documents. 1. Plaintiffs initiated this action by filing a Complaint on or about August 23,2000. 2. Defendants filed an Answer to Plaintiffs' Complaint on September 26,2000. 3. On October 3, 2000, Defendants served on Plaintiffs, Defendants' First Set of Interrogatories, First Set of Continuing Treatment Interrogatories and Request for Production of Documents. A true and correct copy of the Interrogatories, Continuing Treatment Interrogatories and Request for Production of Documents, marked as "Exhibit A", is attached hereto and incorporated herein. 4. Defendants did not receive answers from Plaintiffs within thirty (30) days. 5. On February 14, 2001, Defendants requested Plaintiffs' counsel to answer the Interrogatories, Continuing Treatment Interrogatories and Request for Production of Documents within thirty (30) days. A true and correct copy of defense counsel's letter addressed to plaintiffs' counsel, marked as "Exhibit B", is attached hereto and incorporated herein. .J _ I", ....~ ~ . ~ - " ,;, 1I.<l~i-\ 6. Defendants have not received a response to their February 14, 2001 correspondence regarding the outstanding discovery request. 7. Defendants move this court to compel Plaintiffs to answer said Interrogatories, Continuing Treatment Interrogatories and Request for Production of Documents or suffer sanctions. Respectfully submitted, Dated: June 13, 2001 Joh . Swartz, Jr. I.D. No. 62012 Hillside Corporate Center 5001 Louise Drive Mechanicsburg, PA 17055-6912 (717) 691-2063 2 - JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs, v. WESTERN SIZZLlN RESTAURANT, and STB CORPORATION, Defendants. " - DEFENDANTS FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS To: Joann S. Clark and Calvin Clark c/o Vincent L. Johnson, Esquire 6Boo Stenton Avenue Philadelphia, PA 19150 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 00-5803 CIVIL TERM Defendant, by the undersigned, requests that Plaintiffs answer under oath the following interrogatories within thirty (30) days of service in accordance with Pa. R.C.P. 4005 and 4006, and to serve a copy of your MSIIers on the undersigned. If there is insufficient space to answer an interrogatory, the remainder answer shall follow on a supplemental sheet. These interrogatories are deemed to be continuing to the extent provided in Pa. R.c.P. 4007.4. Dated: October 3, 2000 Respectfully submitted, LAW OFFICES OF WESLEY R. PAYNE '\ (l ~ / Jo C. Swartz, Jr. I.D. No. 62012 Hillside Corporate Center 5001 Louise Drive, Second Floor Mechanicsburg, PA 17055-6912 (717) 691-2063 EXHIBIT A ...__b.~t_ , , _-J-...",,\ DEFINITIONS "DocUIllent" means any written, printed, typed or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to - 1. A natural person, his or her: a. Full name; and b. Present or last known residence and employment address (including street name and number, city or town, and state or country). 2. A document: a. Its description (~, letter, memorandum, report, etc.), title and date; b. Its subject matter; c. Its author's identity; d. Its addressee's identity; e. Its present location; and f. Its custodian's identity. \ 3. An oral communication: a. Its date; b. The place where it occurred; c. Its substance; d. The identity of the person who made the communication; 2 ..~ ........... "'^ . e. The identity of each person to whom such cornmwrication was made; and f The identity of each person who was present when such cornmwrication was made. 4. A corporate entity: a. Its full corporate name; b. Its date and place of incorporation, if known; and c. Its present address and telephone number. 5. Any other context: A description with sufficient particularity that the tiring may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation or government agency. 3 - ~.j~~~,~,:, - , ~" ~.- , 11 '-'"-~~ STANDARD INSTRUCTIONS 1. Duty to Answer. The interrogatories are to be answered in writing, verified and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of Privilege. With respect to any claim of privilege or immunity from discovery, you must identifY the privilege or immunity asserted and provides sufficient information to substantiate the claim. 3. Option to Produce Documents. In lieu of identifYing documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 4 ....'~ - .~ l..~, INTERROGATORIES I. Personal Information. State: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; c. The name of your spouse at the time of the accident and the date and place 0 of your marriage to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five years; e. Your present occupation and the name and address of your employer; f. Date of your birth; g. Your Social Security number; h. Your military service and position held, if any; and 1. The schools you have attended and the degrees or certificates awarded, if any. 5 . -".', -- .J- 2. Insurance. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: a. The name of the insurance carrier which issued the policy; b. The name insured under each policy and the policy number of each policy; c. The type(s) and effective date(s) of each policy; d. The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and e. Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. 6 "" -, U.Lli..","'J'~" 3. Expenses. List and describe all expenses and losses that you have incurred because of the incident. 4. Witnesses. a. IdentifY each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge offacts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. b. With respect to each person so identified, state that person's exact location and activity at the time of the incident. 7 < ~ ~ -<<~- ='., 5. Statements. If you know of anyone that has given any statement (as defmed by the Rules of Civil Procedure) concerning this action or its subject matter, state: a. The identity of such person; b. When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and c. The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. 6. Reports of Incident Identify documents (except reports of experts subject to Pa. RC.P. 4003.5) which describe the incident or the cause thereof. 8 .. ~" ~" "'. , "_~";;L 7. Licensure. If you were required by law or regulation to be licensed for the activity in which you were engaged at the time of the incident, state: a. The type of license required; b. The date you first obtained such a license; c. The dates of issuance and expiration of your current licensee s); d. The identify of the authority that issued your licensees); e. The number of your licensees); f. The nature and duration of any revocation or suspension of your licensees); g. The special restrictions, ifany, imposed on your licensees). 8. Criminal Charges Related to Incident. If you have been charged with any criminal violations as a result of the incident, describe the charges and identify all documents filed or served in connection with those charges. 9 - ,- ".' , I ~,. 9. Demonstrative Evidence. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams or models relevant to the incident, state: a. The nature and type of such item; b. The date when such item was made; c. The identity of the person that prepared or made each item; and d. The subject that each item represents or portrays. 10. Trial Preparation Material. If you, or someone not an expert subject to Pa. R.C-P. 4003.5, conducted any investigations of the incident, identify: a. Each person, and the employer of each person, who conducted any investigation(s); and b. All notes, reports or other documents prepared during or as a result of the investigation( s) and the persons who have custody thereof 10 ~ '. ~".~ -"'*'~, 11. Trial Witnesses. IdentifY each person you intend to call as a non-expert witness at the trial of this case and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testifY. 12. Expert Witnesses. IdentifY each expert you intend to call as a witness at the trial of this matter, and for each expert state: a. The subject matter about which the expert is expected to testifY; and b. The substance of the facts and opinions to which the expert is expected to testifY and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) 11 -~ ...-.-' ~ _ "C~ '" .' I lI<\ik.~ 13. Trial Exhibits. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portion of the trial. 14. Books, Magazines, Etc. If you intend to use any book, magazine or other such writing at trial, state: a. The name of the writing; b. The author of the writing; c. The publisher of the writing; d. The date of publication of the writing; and e. The identity of the custodian of the writing. 12 ~"-",__J",~, 15. Injuries and Diseases Alleged. Identify all injuries or diseases that you allege you suffered as a result of the incident. 16. Medical Treatment. If you received medical treatment or examination (including x- rays) because of injury or disease you suffered as a result of the incident, state: a. The identity of each hospital at which you were treated or examined; b. The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; c. The identity of each doctor or practitioner by whom you were treated or examined; d. The date on which each such treatment or examination by a doctor or practitioner was rendered and the charge for each; and e. The identity of any document(s) (except reports of experts subject to Pa. R.c.P. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). 13 - , ' lfH - ~,~" 1 '~,,~ '_ 17. Earnings Before the Incident. For the period of five years immediately preceding the date of the incident, state: a. The name and address of each of your employers or, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; b. The dates of commencement and termination of each of your periods of employment or self-employment; c. The nature of your occupation in each employment or self-employment; and d. The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self- employment for each year. 14 ,,-,",,' "~- " ~.,-- .~ k- ,_ -.' '""''',<",''. 18. State whether you were performing any act in connection with your employment at the time of the subject incident. 15 " ,- '"~ ~- , -4'_""",. . 19, Earnings After the Incident If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: a, The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; b. The dates of commencement and termination of each of your periods of employment or self-employment; c, The nature of your occupation in each employment or self-employment; d. The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self- employment for each year; and e. The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident and the amount of any earnings or other benefits lost by you because of such absence(s). 16 ,~ -~ ." .~" "'"'_11;:;:', 20. Limitation of Duties and Activities After the Incident. If, as a result oftms incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity: a. The duties and/or activities you have been unable to perform; b. The periods oftime you have been unable to perform; and c. The identity of all persons having knowledge thereof 17 '~ ~ ,~ , '""",,,i-, 21. Substance Impairment. If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish or other drug, medicine or pill during the twenty-four hours immediately preceding the incident, state: a. The nature, amount and type of item consumed; b. The amount of time over which consumed; c. The identity of any and all persons who have any knowledge as to the consumption of those items; and d. The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. 22. State the time of day that you arrived at the premises where the alleged slip and fall occurred. 18 - - - ........'.~' ~ 23. State whether you have ever previously visited the subject premises where the alleged slip and fall occurred. If so, give dates. 24. State where you were looking immediately prior to your fall. 19 .' ^- .J~lit,.,. 25. State whether you were carrying anything at the time of the alleged incident in question. If so, state what was being carried, including the weight and dimensions of each object(s). 26. Describe the lighting conditions in the area where you allegedly fell at the time of the accident in question. 20 ,,,,,,,- ~ -,~ " _--"~k 27. Describe, with particularity, what dangerous condition caused you to fall upon the Defendant's premises. 28" State whether you walked past the area where the accident occurred within a twenty- four (24) hour period before the alleged accident. 21 ;"'>'~."'''''-~~ - ". -0 " 29. Describe exactly where on Defendant's premises the alleged accident occurred. 30. State whether you observed the alleged defect prior to the alleged falL 22 -~ ' ---.:, 31. State whether you were prevented from observing the defect prior to the alleged falL If so, describe what prevented these observations. 32. Describe the exact location of the alleged slip and fall incident. 33. Did Plaintiffs see what caused him to slip and fall? If so, describe in detail what Plaintiffs saw at the time. 23 , , _lriiIalil~~!J__i$""c .. - . ~" .,.' .~ ~:' 34. What notice, if any, was given to the Defendant of any alleged defective condition on the premises? 35. State whether any visible marks of injury appeared as a result of this accident. If so, describe said injuries and parts of body. 36. State whether you were knocked unconscious as a result of the alleged accident. If so, for how long? 37. State whether you complained of any injury at the time of the accident. If so, to whom. 24 ~',~'^, ......0 -~-"'""l"1'",,< 38. State whether you were confined to bed as a result of said injuries. If so, give dates and whether part or whole days. 39. State when you were fully recovered from any and all said injuries. If not fully recovered, state in detail the nature of the present complaint. 40. State the court term and number of any and all cases in which you are the Plaintiffs in an action for injuries, either prior or subsequent to this accident. 25 "'-'..,.;,---~-" 41. Prior or Subsequent Injuries or Diseases. If, either prior to or subsequent to the incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident, state: a. The injury or disease you suffered; b. The date and place of any accident, if such injury or disease was caused by an accident; c. The identity of the hospitals, doctors or practitioners who rendered treatment or examination because of such injury or disease; and d. The identity of anyone against whom a claim was made and the tribunal and docket nwnber of any claim or lawsuit that was filed in connection with such injury or disease. 42. State whether you were being treated by or under the care of any doctor or hospital for mental or nervous condition, just prior to the accident. 26 ---~, 43. State the exact nature of the said mental condition. 44. State whether x-rays were taken. If so, provide the name of the doctor or hospital, date of x-rays and the amount of bill and x-ray findings. 27 .w ~. ., ~-"-j '" , " 45. State whether any permanent injury is claimed. If so, state in detail the exact nature of such injury and the parts of the body involved. 46. State how soon after the accident you received medical attention. 47. State whether you were required to wear any special garments or braces of any nature. If so, describe them and the duration you wore them. 28 , , ;-. -I.-=~,. 48. State where you went and what you did for the balance of the day after the alleged accident. 49. State whether you had any financial loss as a result of this alleged accident. If so, give details of said loss and the amounts involved. 50, State whether you lost any time from employment. If so, give dates of time and the amount of weekly or hourly rate of pay. 29 --~, ,"-~ - ~ -- I """,;l;. 51. If time was lost from employment, state whether you were paid. 52. State whether you have been unable to perform satisfactorily any of the duties required of you in any of your employment since the date of the accident set forth in the Complaint, indicating with particularity what duties you were unable to perform and the names and addresses of all persons having knowledge of such facts, including supervisors and employers at the time of such incapacities. 30 ---=r~~~. ~ "-- "- ~~'- I""""",.;;" , 53. State where you were coming from and your destination prior to the incident. 54. State your purpose for being on the premises. 55. State whether you complained of any injury at the time of the accident. If so, to whom. 56. State whether you were confined to bed as a result of said irljuries. If so, give dates and whether part or whole days. 31 .. ,." -. 57. State your social security number, blue cross number, blue shield number, veteran's claim number and the name of any health and accident insurance company covering any injuries named. 58. Describe the footwear you were wearing at the time of the alleged accident in question, specifically including the size of the heels. 59. With respect to the footwear you were wearing at the time of the accident in question, state: a. Where such footwear was purchased; b. When such footwear was purchased. 32 . >,- -~1,1I-.i~<: 60. State whether conversations took place between Plaintiffs and Defendant and/or its employees. If so, state the substance of such conversations. 61. State whether you have ever been convicted of any crimes involving either dishonesty, false swearing or perjury. If so, state the date of such conviction and the crime for which you were convicted. 33 ." " <>- , -~~- '~ 62. State whether you or anyone acting on your behalf ever conducted any investigation of the accident in question. If so, state when such investigation was conducted, the names and addresses of the individuals by whom it was conducted and the present location of any reports, memoranda or other writing pertaining to such investigation. 63. State whether you have given a statement to anyone concerning this accident If so, state to whom such statement was given and the date such statement was given. 34 ,~ ....----~, ~' CERTIFICATE OF SERVICE I, John C. Swartz, Jr., Esquire, hereby certifY that I have this 3rd day of October, 2000 caused to be served via fist class United States Mail, postage prepaid, a true and correct copy of the foregoing pleading upon the following: Vincent 1. Johnson, Esquire 6800 Stenton Avenue Philadelphia, PA 19150 35 - ,;.. ~ _..,~.,~J.~., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs, v. NO. 00-5803 CIVIL TERM WESTERN SIZZLlN RESTAURANT, and STB CORPORATION, Defendants. DEFENDANTS FIRST SET OF CONTINUING TREATMENT INTERROGATORIES TO: Joann S. Clark and Calvin Clark do Vincent L. Johnson, Esquire 6800 Stenton Avenue Philadelphia, PA 19150 These Interrogatories are to be answered pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories are deemed continuing and any information secured subsequent to the filing of your Answers, which would have been includable in the Answers had it been known or available, are to be supplied by Supplemental Answers. Respectfully submitted, LAW OFFICES OF WESLEY R. PAYNE Dated: October 3,2000 )0 C. wartz, Jr. Attorney ID.NO.: 62012 Hillside Corporate Center 5001 Louise Drive, Second Floor Mechanicsburg, PA 17055-6912 (717) 691-2063 ~.... " 'illIa.. ~"', J.i.r--"",'f~' 1. Are you presently being treated for an injury, complaint or ailment caused by the accident involved in this lawsuit? 2. If so, state: (a) the name and address of the attending physician; (b) the time and place of the last treatment, examination or consultation; (c) the injury, complaint or ailment that is being treated; and (d) the cost of each such examination and treatment 2 ....' ~', such treatment ~ ''i'I;<. 3. Will such treatment continue in the future? 4. If so, state: (a) the estimated duration of such treatment; and (b) the estimated frequency of 5. Do you claim any disability as a result of an injury sustained in the subjectacciden1iincident? 3 . -..... '",,~ 6. If so, for each disability, state: (a) the part of the body affected; (b) the injury that you claim caused the disability; and (c) whether such disability is temporary or permanent and, if temporary, the date when you expect recovery. 7. Do you claim that you have been permanently disabled by and of the injuries sustained in the incident in question? 4 - ~" " ':.- '~ 8. If so, for each permanent disability, state: (a) the part of the body involved; (b) the injury that you claim callsed the disability; and (c) a description of the disability, such as limitation of motion, loss of sensory perception, or as the case may be. 9. With respect to such permanent disability, has any doctor rendered an opinion as to the percentage of disability that you have suffered? 5 ~ c , ~ L -,W , '_~!k, 10, If so, for each disability, state: (a) the name, address and specialty of the doctor; and (b) the percentage of disability. 11. Did the doctor submit a written report relative to such disability? 12. If so, state: (a) the date of the report; and (b) the name and address of each person who has a copy or the original of such report, 6 ! ",,1._, 13. Attach a copy of each such report to your Answers to these Supplemental Interrogatories. 14. Do you have a present complaint which you contribute to the subject accident/incident which had not manifested itself when prior discovery was taken? 15. If so, state: (a) the part of the body which is affected; (b) a description of the complaint; and (c) the date such complaint became apparent 7 I " .'. < ," i~; 16. Do you experience pain or discomfort from the condition complained of? 17. If so, describe the type of pain or discomfort experienced. 18. Is the pain constant or intermittent? 19. If intermittent, state the frequency of such pain. 8 <. -",.- 00 20. With respect to the injuries alleged to have been sustained in the accident in question, state whether such injuries have improved, worsened or remained about the same. 9 ,""'~" ~~~ - -, ~~ CERTIFICATE OF SERVICE I, John C Swartz, Jr., Esquire, hereby certify that I have this 3'" day of October, 2000 caused to be served via fist class United States Mail, postage prepaid, a true and correct copy of the foregoing pleading upon the following: Vincent L Johnson, Esquire 6800 Stenton Avenue Philadelphia, PA 19150 10 ,'" - "~ '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs, v. NO. 00-5803 CIVIL TERM WESTERN SIZZLlN RESTAURANT, and STB CORPORATION, Defendants, DEFENDANTS REQUEST FOR PRODUCTION OF DOCUMENTS To: Joann S. Clark and Calvin Clark do Vincent L. Johnson, Esquire 6800 Stenton Avenue DATE: October 3, 2000 You are hereby requested to produce, in accordance with Rule 4009, readable copies of the below-listed documents and/or items. These documents and/or items will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced at the Law Offices of Wesley R. Payne, which is located at Hillside Corporate Center, 5001 Louise Drive, Second Floor, Mechanicsburg, Pennsylvania 17055-6912 within thirty (30) days. Such request is continuing up to and at the time of trial. (1) The entire claims and investigation file or files of Plaintiffs, its counselor any other organization, excluding references to mental impressions, conclusions or opinions representing the value or merit of the claim or defense or respecting strategy or tactics and privileged communication from counsel. (2) All statements, memoranda, or writings (signed or unsigned) of any and all witnesses, including any and all statements memoranda, writings of Plaintiff(s) and/or Defendant(s) and/or Additional Defendant(s) and written accounts of investigation. <iI . "~' ~~."~~ ~,.......! (3) All photographs, records, films, charts, sketches, graphs and diagrams taken and/or prepared. (4) Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. (5) All expert witness reports, including doctors who have treated or examined any party to this lawsuit. (6) All other writings, memoranda, data and tangible things which relate directly or indirectly to the incident set forth in Plaintiff's Complaint, except those things restricted by Pa. R.cP. 4003.3. In lieu of the delivery of originals to the place designated, legible photocopies or similar reproductions forwarded by mail will be accepted. '\ LAW OFFICES OF WESLEY R. PAYNE Respectfully submitted, . Swartz, Jr., Esquire I.' . No. 62012 Hillside Corporate Center 5001 Louise Drive, Second Floor Mechanicsburg, PA 17055-6912 (717) 691-2063 Attorney for Defendants Western Sizzlin Restaurant and STB Corporation 2 - ~ ' '" -~'" .. ~~llli: CERTIFICATE OF SERVICE I, John C. Swartz, Jr., Esquire, hereby certify that I have this 3rd day of October, 2000 caused to be served via fist class United States Mail, postage prepaid, a true and correct copy of the foregoing pleading upon the following: Vincent 1. Johnson, Esquire 6800 Stenton Avenue Philadelphia, PA 19150 3 J. ~ < ,'" ,,~~ """': f ..... .. LA W OFFICES OF WESLEY R. PAYNE TWO PENN CENTER PLAZA 1500 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, P A 19102 HILLSIDE CORPORATE CENTER 5001 LOUISE DRIVE, 2ND FLOOR MECUANICSBURG, PA 17055-6912 PHONE: (717) 691-2063 FAX: (717) 691-4799 CONNELL CORPORATE CENTER III THREE OAK WAY BERKELEY HEIGHTS, NJ 07922-2747 WESLEY R. PAYNE, IV.= JOHN A. GUNHEIM MARC F. ULLOM JEFFREY H. BROWNDORF+ JOHN C SWARTZ, JR. LISA BELLINO APELIAN+ TIFFANY F. TURNER+.^ CHRISTOPHER S. DEVUN MAURICE G. HAMEL SHAROL YN L.MURPHY# WILLIAM R. ADAMS+ NANCY J. LEDDY+ JOEL I. HERZfELD ALSO ADMITTED IN NJ+ ALSO ADMITTED IN MD. ALSO ADMITTED IN DC= REPLY TO MECHANICSBURG ADDRESS February 14,2001 Vincent 1. Johnson, Esquire 6800 Stenton Avenue Philidelphia, PA 19150 Re: Joann S. Clark and Calvin Clark v. Western SizzIin Restaurant And 8TB Corporation 'Claim File No.: 220LUI08149 Le~al File No.: 2000MB00045 Dear Mr. Johnson: Please be advised that on October 3, 2000, we served Interrogatories, Continuing Treatment Interrogatories, and Request for Production of Documents upon the plaintiff. To date we have not received any answers to our discovery request. At this time I request that you answer these written discovery documents within the next 30 days. Thank you for yoUr kind attention. Very truly yours, LAWOFFlC~Y~PAYNE ~artz, Jr. JCS/cc cc: Gladys Y. Lewis EXHIBIT B "'- ~"k ~ " , .... .. CERTIFICATE OF SERVICE I, John C. Swartz, Jr., Esquire, hereby certify that I have this 13th day of June 2001, caused to be served via first class United States Mail, postage prepaid, a true and correct copy of the foregoing pleading upon the following: Vincent L. Johnson, Esquire 6800 Stenton Avenue Philadelphia, PA 19150 C. Swartz, Jr. Esquire 3 ~~ll<f..rt\;~~;Ml~im~at~$$I:j'f;tJl-d,~i!clii!;;'~"~jill,mi;~'i"-,-;l"'~''J,,tl)'j;-m:ili 1-' > ',>'h" II'''''.'' " r ~ ~~llllIlliIll!MII~'"" .'" , . , ., 0 C) 0 C -n s: <- V tJ~,' c::: '" m r-~; .--:'~ r::-;; -;J"'" ~;;:' 'c'JC'J tij).',:: V) ~, :~ V I ,-, -<~- :~J 1._' GC, ." ~-,T", -,i ~ -,'j ~2 r,,",'. '"') (') 7 r~..) 0 rn :-,;:::;! :z: ~ :::?, r" ~ ~~~ .--x,. ~ . ~-" " '~~, ',-, ~:;i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANN S. CLARK and CALVIN CLARK, h/w, Plaintiffs, v. NO. 00-5803 CIVIL TERM WESTERN SIZZLIN RESTAURANT, and STB CORPORATION, Defendants. WITHDRAWAL OF APPEARANCE TO THE PROTHONTARY: Kindly withdraw my appearance on behalf of Defendants Western Corporation in the above-captioned matter. C. Swartz, Jr., squire LA: OFFICES OF ANNA W A DHERR 500 I Louise Drive, 2nd Floor Mechanicsburg, P A 17055 717-774-3609 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants Western Sizzlin Restaurant and STB Corporation in the above-captioned matter. N.d. f ~I^ JIUS Michael E. Carson, Esquire ( LAW OFFICES OF ANNA W ALDHERR Two Penn Center Plaza 1500 JFK Boulevard, Suite 1120 Philadelphia, PA 19102 215-988-9090 "^' .,',~" ""-~..._~~'" r~i . CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on the 30th day of July, 2002, a true and correct copy of the foregoing pleading was served by United States first class mail, postage prepaid upon the following: Vincent L. Johnson, Esquire 6800 Stenton Avenue Philadelphia, PA 19150 2 .~ Ilhd~it-i!liil~~!!ijI~~'}~&_"""'~~~!<~""j;.;k""\!<"'~J,,-~-'iiiil1~~~"~' .-==. ~ '.",~..'"~'~ ''"'_~'''''>~~<r~4,~>~~~_ "~ """""'~-- ^, -,- [" < '"~ ~- '~,I>IIiIiirll..d' ~- ,~.,~,~~ ~, . "~, , (") 0 0 C "" '"{1 :g:: '"," :::;:l '""Ot1:-i c:: (:l-::D my:: G) z_ , "r zr- I -o? "" -" ~~~ ~~ ~e~~1 '"{J :-r: l' zo ........\""'i ..,h. '-2- ZC) 5>0 w orn C -l ~ c::> >- :0 (,,) -< ,~, .,. , ~, ~",", J ',.,,,, " IN THE COURT OF COMMON' PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANN S. CLARK and CALVIN CLARK blw, Plaintiffs, NO. 00-5803 CIVIL TERM v. WESTERN SIZZLIN RESTAURANT and sm CORPORATION Defendants PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER AND, NOW, COME the Plaintiffs Joann S. Clark and Calvin Clark, h1w, by and through their attorney, Vincent L. Johnson, Esquire of the Law Offices of Vincent L. Johnson, file this answer to the defendants' New Matter by averring as follows: 27. Plaintiffs incorporate paragraphs 1 through 26 of Defendants' New Matter as if set forth more fully at length. 28. Denied. The averments of paragraph 28 state conclusions of law to which no response or pleadings are necessary. 29. Denied. The averments of paragraph 29 state conclusions of law to which no response or pleadings are necessary. 30. Denied. The averments of paragraph 30 state conclusions of law to which no response or pleadings are necessary. ^"""--- -~ ~~ , 'ii:, ~ 31. Denied. The averments of paragraph 31 state conclusions of law to which no response or pleadings are necessary. 32. Denied. The averments of paragraph 32 state conclusions of law to which no response or pleadings are necessary. 33. Denied. The averments of paragraph 33 state conclusions of law to which no response or pleadings are necessary. 34. Denied. The averments of paragraph 34 state conclusions of law to which no response or pleadings are necessary. 35. Denied. The averments of paragraph 35 state conclusions of law to which no response or pleadings are necessary. 36. Denied. The averments of paragraph 36 state conclusions of law to which no response or pleadings are necessary. 37. Denied. The averments of paragraph 37 state conclusions of law to which no response or pleadings are necessary. 38. Denied. The averments of paragraph 38 state conclusions of law to which no response or pleadings are necessary. 39. Denied. The averments of paragraph 39 state conclusions of law to which no response or pleadings are necessary. 40. Denied. The averments of paragraph 40 state conclusions oflaw to which no response or pleadings are necessary. 41. Denied. The averments of paragraph 41 state conclusions of law to which no response or pleadings are necessary. 42. Denied. The averments of paragraph 42 state conclusions of law to which ilO\I! '. ~ ~ "~^._~ -.. J _~~' .,. . no response or pleadings are necessary. 43. Denied. The averments of paragraph 43 state conclusions of law to which no response or pleadings are necessary. WHEREFORE, Answering Plaintiffs demand judgment in their favor and against defi:mdants, plus costs. . Johnson, Esquire Atto y ID No.: 35633 6800 Stenton Avenue Philadelphia., PA 19150 (215)849-7190 ..-' -, ,,' ~~ ~ "i;- ".". ," t VERIFICATION I, Vincent L Johnson, verify that the statements made in the foregoing pleadings are true and correct to the best of my personal knowledge, information or belief, I understand that these statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. . , ~ lm'& +. ~ .. CERTIFICATE OF SERVICE I, Vincent L. Johnson, Esquire, hereby certify that I have this first day of November, 2002, caused to be served via first class mail, postage prepaid, a true and correct copy of the foregoing pleading upon the following: Michael Carson, Esquire Law Office of John Gunheim Two Penn Center Plaza 1500 John F. Kennedy Boulevard Suite 1120 Philadelphia., PA 19102 lINSON, ESQUIRE 6800 St on Avenue Phil elphia., PA 19150 215-849-7190 Attorney for Plaintiffs !~lIiijU~~'j'~~~llaiIl!ii!!!l!iiii!~M*~~""H'''''''Lc"'''',~''''',,"''."2i>Jr",:ili,;'LLUc,j2;[.~~'iliIliil:~-'{"-'~ ,-,. .Illill ~. "",,;t~!ilI1I>!-i!f"'~;';"';-"N'fIl"')- ., . ~. ko.__, ,. ~ , .{O. "" '~, .liilia~-' ~ " I I , . . -+ ., I I I I I I I , Cj 0 ,--', C r~..::;, --1'1 ? ~ -0 IT- ,---- m I I ':::l Z ~~1 Z I !...; (j) Co -< () G C.. ~ :::--'" -, r.. :3.: ':"-) ~'-l L- C C") )> co ,,-- m C '.-1 Z :n > ::;! :0 Cll -< ~ "- ,". ---,,-, <".0 ~-"I ~..o,,___ '"' ,',20,-;';- ".0 c ,"-,~;'.~,~'_,,",'~'~"j. 'df,'- ,0",', '.;0: ' JOANN S. CLARK and CALVIN CLARK : COURT OF COMMON PLEAS Plaintiffs, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL DIVISION WESTERN SIZZILIN RESTAURANT And STB CORPORATION, Defendants. : NO. 00-5803 PRAECIPE TO MARK CASE AS SETTLED AND DISCONTINUED TO THE PROTHONOTARY: Please mark the above-captioned case as settled and discontinued with prejudice. Thank you. Vincent ohnson., Esquire 6800 tenton Avenue Philadelphia, PA 19150 Attorney for Plaintiffs ORDER OF DISCONTINUANCE AND NOW, t.l}isJ~ay of')::El,,,,.!:t "12004, the above"captioned action is marked as settled and discontinued. fL,-b,12 ~ Prothonot ~....: - -.-:'i$ii(j~l~~""'~" "" '"~'___~1w~ ~ ~,~^eL~<^ ^" -e__ ,~ ,__ < ,,,~,~-,~, ,.~ ~ "iii' ~ - -0 ,^^",I -~ ~ :. ~;" ~T .j': ">,--~ 5'E: ~~ -<. C) , "': 1: , ,. " , " '" c.:::~ = L- ." r-r! 0:1 o 'T1 --1 -r fn:D r- -or11 ---'1' ~9 6!~ 7(') Om -I 'c> 5:J -< r"..) <-,n " N W -' ,