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HomeMy WebLinkAbout01-0554 FX ~ ~ ,,. 'r '~!1J:-: In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW JOYCE M. RAUDABAUGH and JOHN RAUDABAUGH, Plaintiffs No. 01- ~r7 C"udY~ Vs. KENMAR ENTERPRISES INC., a Corporation, Defendant PRAECIPE TO WRIT OF SUMMONS TO THE PROTHONTOARY: Pursuant to Pa.R.c.p. 1007(1), please issue a Writ of Summons directed to the Defendant, Kenmar Enterprises Inc. Service to be made upon the Defendant by Sheriff of Cumberland County at the McDonald's Restaurant located at 608 East High Street, Carlisle, Pennsylvania, 17013. Date: Januarv -Z-C REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBE~RG LLP ~/ /' ~/ ~ By: ~ arry W. Fenton, ID #55656 Counsel for Plaintiffs 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 .2001 "",'..:o;,j, '"~"-~~'Tiill3llt!l\;iiii,;j<;M.......~~M.~j;itlb,.J.'i;;;:U!l!!ll~m''ffi:iIIli ~,. ., -"""'" -~ ".~ M'_'~;::o.:.:iiI .~',,,,,,,,, tditJ. -t ,-,r ~ (J ~ ~ 'i n h 0 li ~ () B B 0- () 0 0 6v \ f c: C") f'- s:: -n ~ ~ '- jf ~ "DCQ J;.W :--:1 mm z--' z '~'fi;J Z:~ t (Dr; N ~09 Y- -<2 0-" !;:C: ~(Lt ~O " ;t~;:;J ~ :;;;0 ,":::>"() c: w arT! z ~ =< 0 _J -< ~~" ,_~,""~, .>">!,,.~,. ..1- _ ,. <.",". I ,~.. . . ~ ..l -~ -~ ~ - ':' ;~:'--~';',; .,'''"= ," ,."-, " '; ~~ Commonwealth of Pennsylvania County of Cumberland JOYCE M. RAUDABAUGH AND JOHN, RAUDABAUGH Court of Common Pleas VI. No. h__QL-5.5LCiviLTexIIL_nn______ 19____ KENMAR ENTERPIRSES, INC., A CORPORATION 608 East High Street Carlisle, FA 17013 (serve at McDonald's Restaurant) In _ __uCiyiLAct.iQn._-=_Law.______________n __ T 0 __I5~!l!11i!r _ Ente:t:Pitses..._Iru::..._ a ..coxporai:ion You are hereby notified that ______~~d'-~~_~:__~~~~~~~~~_~~~_~9~_~l!qgp~~!lU____________________________________________ the Plaintiff ha S commenced an action in _n..chTilAction_=-_-Ia.w______________n___________n__ against you which you are required to defend or a default judgment may be entered against you, (SEAL) ______________~~j_~_B~__~D9L_________________ Prothonotary Ilate ___.J~~_~_2DiLL_______ 19____ ~--[L-~ Ileputy l"__Y~ "l -. ... No. __0_1=2,;;_LQ;i.yi-_LIf'm____ 19____ Joyce M. Raudabaugh and John Raudabaugh VI. Kenrrar Enterprises, Inc., a Corporation (serve at McDonald's Restaurant) 608 East High Street __~Elt~!~J~L_r~__tLQr)_____________ Summons in __~i-.xjJ:_~S'_t-i<2!)._.::_JA~___________ __ Harry W. Fenton, Esq. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP 1601 Cornwall Road Lebanon, PA 17042 717-273-3733 LD. # 55656 Attorney ,~" <~ ~ "~ ~~ J .~<< ~'~'!1m-",: SHERIFF'S RETURN - REGULAR CASE NO: 2001-00554 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RAUDABAUGH JOYCE M ET AL VS KENMAR ENTERPRISES INC CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KENMAR ENTERPRISES INC the DEFENDANT , at 0012:06 HOURS, on the 30th day of January , 2001 at MCDONALD'S RESTAURANT 608 EAST HIGH STREET CARLISLE, PA 17013 by handing to BRENDA ROSE (STORE MANAGER) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: r~A~t:~ R. Thomas Kline Sworn and Subscribed to before 01/31/2001 RE'LL:~,wo~ ~ ;;t-- De y eriff me this tlM day of f~ ;L(rv/ A.D. c::) h. Ii /J,r.t1J, / ~~ 1prothonotary I , .1~~~~' ~ . " ..1" c. ~ ~ ~', ,_ "~"f" " In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW JOYCE M. RAUDABAUGH and JOHN RAUDABAUGH, Plaintiffs No. 01-554 Vs. KENMAR ENTERPRISES, INC., Defendants NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Notice and Complaint are served, by entering a written appearance personally, or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH ON THE FOLLOWING PAGE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square, Fourth Floor Carlisle, P A 17013 (717) 240-6200 ,,0- t TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs. Date: Julv 17 ~ ',,,'--"<' 'it ~-, REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP By: ,2001 H W. Fenton, ID #55656 Counsel for Plaintiffs 1601 Cornwall Road Lebanon,PA 17042 (717) 273-3733 :'~..._~ . " I. ~ ' " , A".~. '" =t'!i!O:,:iiiJi,>;,tw , In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW JOYCE M. RAUDABAUGH and JOHN RAUDABAUGH, Plaintiffs No. 01-554 Vs. KENMAR ENTERPRISES INC., Defendants COMPLAINT AND NOW, come the Plaintiffs, Joyce M. Raudabaugh and John Raudabaugh, through their counsel, and file this Complaint, asserting the following in support thereof: 1. Plaintiff is Joyce M. Raudabaugh, an individual who resides at 388 Old Stonehouse Road, Mechanicsburg, Pennsylvania, 17055. 2. Plaintiff is John Raudabaugh, an individual who resides at 388 Old Stonehouse Road, Mechanicsburg, Peunsylvania, 17055. 3. At all times material hereto, Plaintiffs were wife and husband. J;:., ~~ I ;" -, .Jb;,' . 4. Defendant is Kenmar Enterprises Inc., a corporation organized and existing pursuant to the laws of the state of Pennsylvania, having its principal place of business located at 608 East High Street, Carlisle, Pennsylvania, 17013. 5. The Defendant is the lessee of certain property located at 608 East High Street, Carlisle, Peunsylvania, and pursuant to such lease agreement has assumed all responsibility for maintenance, operation and supervision of such property. 6. The property located at 608 East High Street, Carlisle, Pennsylvania, is improved by means of a restaurant located on that property, identified as a McDonald's Restaurant. 7. The McDonald's Restaurant located at the 608 East High Street, Carlisle, Pennsylvania, location is operated and maintained by the Defendant, Kenmar Enterprises. 8. The Defendant holds itself out as providing services to the public in the form of a restaurant located at the aforementioned location. As such, Defendant provides a physical location for members of the public to visit in order to purchase food and, ancillary thereto, to use certain restroom facilities provided by Defendants. In the course of this business, Defendants invite and expect the public to visit such facilities. 9. On December 18, 1999, Plaintiff, Joyce Raudabaugh, visited the 608 East High Street location to visit and patronize the restaurant maintained by Defendants. 10. On that date, and for a period of time prior to Plaintiff's visit, a collection of water and/or other liquid substance was located on the floor of the restaurant. 2 _. 1-' _~~.' ;w, , < 11. The water or other substance located on the floor of the restaurant was present for such time that Defendants knew, or should have known, of its presence and the danger posed by such substance to patrons. 12. In her visit to the restaurant on December 18, 1999, the Plaintiff, Joyce Raudabaugh, stepped into and upon the water or other substance on the floor of the restaurant and, as a result thereof, was caused to slip and fall to the floor. 13. As a result of the slip and fall of Plaintiff, she incurred certain injuries, including but not limited to her shoulder, back and leg. COUNT I - NEGLIGENCE JOYCE RAUDABAUGHVs. KENMARENTERPRISES INC. 14. The averments of Paragraphs 1 through 13, set forth above, are incorporated herein as if set forth at length. 15. The Defendant was negligent in the operation and maintenance of the restaurant facility, generally and specifically in the following particulars: (a) In allowing an accumulation of water and/or other substances to accumulate on the floor of the restaurant; (b) In failing, in a timely and efficient manner, to clean up or otherwise remove the accumulation of water or other substances from the floor of the restaurant; 3 ,~ , < , "" c_ ~ ~ ~lw' (c) In failing to post any warning or give any other notice to Plaintiff of the existence of the accumulation of water or other substances on the floor of the restaurant prior to her fall; and, (d) In failing to regularly inspect the area of the restaurant in which Plaintiff fell, which inspection, if conducted, would have revealed the existence of the accumulation of water or other substance which caused Plaintiffs fall. 16. But for the negligence of Defendants, set forth above, Plaintiff would not have fallen and the injuries suffered would not have been incurred. 1 7. As a result of her injuries, Plaintiff has suffered great pain, suffering, inconvenience, annoyance, humiliation and embarrassment. 18. As a further result to her injuries, Plaintiff has been forced to incur medical expenses in an endeavor to cure herself of her injuries. 19. As a further result of the injuries incurred, Plaintiff has suffered a loss of wages due to an inability to work subsequent to the fall. WHEREFORE, Plaintiff, Joyce M. Raudabaugh, demands damages in an amount exceeding the jurisdictional amount requiring arbitration referral by Local Rule. COUNT 11- NEGLIGENCE/CONSORTIUM JOHN RAUDABAUGH Vs. KENMAR ENTERPRISES INC. 4 - -. ,,---" - .,,:,", " ~%~ 20. The averments of Paragraphs 1 through 19, set forth above, are incorporated herein as if set forth at length. 21. As a result of the injuries incurred by his wife, Joyce Raudabaugh, the Plaintiff, John Raudabaugh, has been deprived of her services, companionship and consortium. WHEREFORE, Plaintiff, John Raudabaugh, demands damages in an amount exceeding the jurisdictional amount requiring arbitration referral by Local Rule. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP arry W. Fen n, ID #55656 Counsel for Plaintiffs 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 By: Date: Julv / r ,2001 JURY TRIAL DEMANDED 5 ,'~ , <, ',,--, ~ ,. VERIFICATION I verity that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA. S 4904, relating to unsworn falsification to authorities. ~~ /1J,~ Joyce M ud augh ' ~, '.~ 1,",i I I ,; --J ~" , 0"""" Ijjlt"'--. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. il~ 41 ~~ ~John Raudabaug o _. ~_~ 'I',: '.' .. JOYCE M, RAUDABAUGH AND JOHN RAUDABAUGH, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-554 VS. CIVIL ACTION - LAW KENMAR ENTERPRISES, INC., DEFENDANT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant Kenmar Enterprises, Inc. in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: %- ~ James fihonias, II, Esquire Brooks R. Foland, Esquire 1.0. Nos. 15613f70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7617 :138505.1 YI/II"" -,. - ,'-'..:...0"" ',- ""~' - '~'O'M~"""' "-."~"","_,,,.,,, ,,'="""",__r.'"~"",""", ~__ ,',_ CERTIFICATE OF SERVICE I, Brooks R Foland, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Henry W. Fenton, Esquire Reilly, Wolfson, Sheffey, Schrum & Lundberg 1601 Cornwall Road Lebanon, PA 17042 " '.,.>~v THOMAS, THOMAS & HAFER, LLP by: <[_SA.- ~ James K. Thomas, 1I,~ Brooks R Foland, Esquire 1.0. Nos. 15613170102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7617 1, 2~ 0 I ""',.;: '}""~~ilf';';,I!,' ~ " 0"- r ii' '-- ~~l~ 0> ~~ < "~- . "--_1 _:":i ) .. ,.. 1.1 I , ! '1,1, II I.'!' , 11 t i , i , I ,-j - " I., , ~' ~, ~ , In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW JOYCE M. RAUDABAUGH and JOHN RAUDABAUGH, Plaintiffs No. 01-554 Vs. KENMAR ENTERPRISES INC., Defendants CERTIFICATE OF SERVICE Harry W. Fenton hereby certifies that he is counsel for Plaintiffs, Joyce M. and John Raudabaugh, and that as such he served a copy of the Complaint filed in this matter upon the Defendant, Kenmar Enterprises Inc., at 608 East High Street, Carlisle, Peunsylvania, 17013, by Certified Mail, 7099 3220 0001 9483 9598, return receipt requested. Said return receipt card, being attached as Exhibit "A", shows a receipt date of July 24, 2001. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP By: arry W. Fenton, ID #55656 Counsel for Plaintiffs 1601 Cornwall Road Lebanon, P A 17042 (717) 273-3733 Date: Julv ;?-b ,2001 . , j "'0'," '. ." -] .. - . (,j ~ .:lOS'''' '~"'I f '-' ' GEl" II flED MAil :~E:" tiP ," (Domestic Mall Only; No Insurance Coverage PJovlded) <0 IT' U1 IT' fT1 <0 :T IT' - ./'""~E-~~'.'~\.> I /"""-.,; , ' ! I .' ", '~. . " '- .~"" 1. ' :-' hi" ?:':" \(;:},(:~ ~/<"<>/ \, ..... ..,~t._/ "'..., v"." ........,-- Postage $ Certified Fee ....=I Return Receipt Fee CJ (Endorsement RequIred) CJ Restricted Delivery Fee CJ (Endorsement Requtred) Total Postage & Fees $ L\.11 CJ ru ru Name ("-'ease Print Clsarly) (To be comT!.leted bt maltsr) fT1 KENMAR ENTERPRISES lNC g: Sigff~,;i:fH;?offirfll --S"TRE"E.T-------"------------- ~ c~~tH~-l;-;~-----i-7-o-1-3m-----------.-"---..---.-..-...-- PS Form 3800, J[[ly 1999 See Reverse for InstructIons - - SENDER, COMPLETE THIS SECTION . Complete Item."', 2. and 3. Also complete Item 4 if Restricted DelIvery Is desired. '. Print your nan1e and address on the reverse so that we can return the card to you. . Attach this Card t<;J:!he back of the mall piece, or on the front ff space permits. 1, Article Addressed to: KENMAR ENTERPRISES INC 608 EAST HIGH STREET CARLISLE PA 17013 3. Service Type ~ Certnled Mail D Registered o Insured Mail D Express Mail o Return Receipt for Merchandise DC.a.D. 4. Restricted CeUvery? (Extra Fee) 0 Yes 2. Art/CloNumber(CopytromseJ'Vlce/abol) 7099 3220 0001 9483 9598 , PS ~Jrht38f'l. j~lyl.' I ' , I .: .. Dblnostlc Return Receipt l~,_..~~_ 102595.()().M_< ~ EXHIBIT (!J w ~ ~ A ~ ~, " . ~" '"" ~. -''''~''iI&'JIl!IIW1!t, ~. ,~ ~ > "~, - - ~ If&irmi_j!~M'jk!lW;(~.~,fWAli'-H!lil;~i~<il''~.i ~ ~ ~ ,~'"- 'II' ,~ -,~ ,.," ^. , "~~"", lIIliili"~-' . D r". ;-:"; '__~ " ; r"'1 - " r l , s,;~ ~ ~ (.,... J:- "~, . . , _"'T '.&: , JOYCE M. RAUDABAUGH AND JOHN RAUDABAUGH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS No. 01-554 VS. CIVIL ACTION - LAW KENMAR ENTERPRISES, INC., DEFENDANT NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ANSWER WITH NEW MATTER 1. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 1 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 2 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 3. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 3 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 4. Denied as stated. It is admitted only that Defendant Kenmar Enterprises, Inc. is a Pennsylvania corporation which has as its principal place of business an office at 123 South Pitt Street, Carlisle, PA 17013. Any and all other allegations contained in paragraph 4 are specifically denied and strict proof thereof is demanded at time of trial. 5. Denied as stated. It is admitted only that Defendant Kenmar Enterprises, Inc. is a franchisee of and operates a McDonald's restaurant located at 608 East High Street, Carlisle, ( . ,"- - - ~--,'~. ,,',<. . O",;J , PA. Any and all other allegations contained in paragraph 5 are specifically denied and strict proof thereof is demanded at time of trial. 6. Denied as stated. It is admitted only that a McDonald's restaurant is located at 608 East High Street, Carlisle, PA. Any and all other allegations contained in paragraph 6 are specifically denied and strict proof thereof is demanded at time of trial. 7. Admitted. 8. Denied as stated. It is admitted only that Defendant's restaurant located at 608 East High Street in Carlisle, PA is open to the public during regular business hours. Any and all other allegations contained in paragraph 8 are specifically denied and strict proof thereof is demanded at time of trial. 9. Admitted based upon information and belief. 10. Denied. It is speCifically denied that the collection of water and/or other liquid substance was located on the floor of the restaurant for any period of time prior to Plaintiff's visit at the restaurant on December 18, 1999. Any and all other allegations contained in paragraph 10 are specifically denied and strict proof thereof is demanded at time of trial. 11. Denied. It is specifically denied that Defendant knew or should have known of the presence of any water or other substance located on the floor of the restaurant on the date in question or that Defendant knew or should have known any danger posed by any water or other substance on the floor on the date in question. Any and all other allegations contained in paragraph 11 are speCifically denied and strict proof thereof is demanded at time of trial. 12. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 12 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 13. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 13 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2 <' ,~ "~. '"" ~<'- '=",' '~, "" , ~i;: , COUNT I - NEGLIGENCE Jovce RaudabauGh v. Kenmar EnterDrises. Inc. 14. Answering Defendant incorporates by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 15. (a-d) Denied. The allegations contained in paragraphs 15 a-d are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied. The allegations contained in paragraph 16 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 17 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 18. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 18 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 19. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 19 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. WHEREFORE, Defendant Kenmar Enterprises, Inc. respectfully requests that judgment be entered in its favor and against Plaintiffs Joyce M. and John Raudabaugh. COUNT II - NEGLIGENCE/CONSORTIUM John RaudabaUGh v. Kenmar EnterDrises. Inc. 20. Answering Defendant incorporates by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 3 -.'" " . ,",-- - -- " ,'"w;'''' ~'''.'' - .','l,; ,'~, _.' '_"_' ,- .-,-,~" '" '.'O~, \ <_ ,!,,~'""; _..""-J",_,_,.;,,=' 'do, ~ 'N;:' :~';;"\! , 21. Denied. The allegations contained in paragraph 21 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Kenmar Enterprises, Inc. respectfully requests that judgment be entered in its favor and against Plaintiffs Joyce M. and John Raudabaugh. NEW MATTER 22. Plaintiffs' claims are barred by the expiration of the applicable statute of limitations. 23. Plaintiffs' claims are barred by the doctrines of waiver and/or estoppel. 24. Plaintiffs' claims are barred or reduced by Plaintiffs' contributory or comparative negligence. 25. Plaintiffs' injuries and/or damages, if any, were caused by parties other than Defendant. 26. Even if Plaintiff fell on water or another wet substance on the floor of Defendant's restaurant, which is specifically denied, Defendant had no notice of the water or other substance on the floor prior to Plaintiff's accident. WHEREFORE, Defendant Kenmar Enterprises, Inc. respectfully requests that judgment be entered in its favor and against Plaintiffs Joyce M. and John Raudabaugh. Respectfully submitted, by: 4 , " "(- ~~ ",) '- --~'-' ',",~- -<,-- ',' x<" ,^o, '" " , ,~," ~- , ~ " :;,"-',-.-~-:.;-",~~ l.~'~';_:''-'> ~; , '1 ) VERIFICATION I, Ken Levine, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. 9 4904. , <~ ~"--~ - -,'~~" .",-,.'." . - , ',-...' I CERTIFICATE OF SERVICE AND NOW, thiSOJ ~~Of ~gu~ ,2001, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Harry W. Fenton, Esquire Reilly, Wolfson, Sheffey, Schrum & Lundberg 1601 Cornwall Road Lebanon, PA 17042 ~ , Coleen M. Polek ~"W_ ,_ " --,.'=oli- .-'" >k,' -~~;'':l. , "",~'- ^' "-" ~~ , . ,~ "'. o__~ "__J -~~ ,n", "^,_ ,- ~ , " " , 0 " ) r; r: 0,\) ;~~ rn ':"") , Z ':- 2~ :',,) (n C. f,~ , ;~) , ::;:, ~, " )> C'~ -r"' r '. (", j;' '--' (~) en C~ ~: ~:;-.: --j .' :J ~. C:l -< . ,;,1;"" L~,< , ~I """ ~ , l .--,. . ~ Jrjf,;[l-. In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW JOYCE M. RAUDABAUGH and JOHN RAUDABAUGH, Plaintiffs No. 01-554 Vs. KENMAR ENTERPRISES INC., Defendant MOTION TO COMPEL DISCOVERY AND NOW comes Plaintiffs, Joyce M. Raudabaugh and John Raudabaugh, through their counsel, and move this Court to enter an Order pursuant to Pa.R.C.P. 4019(a) compelling Defendant to serve full and complete answers to Plaintiffs' Interrogatories propounded to Defendant, and assert the following in support thereof: 1. Plaintiffs instituted this action by Complaint on September 5, 2001. 2. Pursuant to Pa.R.C.P. 4005 and 4009.1, Plaintiffs served Defendant with Interrogatories and Requests for Production on September 5, 2001, copies of the cover letter and '", j - '~ u' -', '.v. ~ ,,1 signed certified mail receipt to which the Interrogatories were attached is attached hereto as Exhibit A. 3. Answers to these Interrogatories and Requests for Production were due, pursuant to Pa.R.C.P. 4006 and 4009.12, on October 5, 2001. 4. To date, Defendant has failed and refused to respond to the Interrogatories and Requests for Production. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order directing Defendant to serve full and complete answers to Plaintiff s Interrogatories within twenty (20) days. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP ~~ By: ~ Greer . Anderson, ID # 85675 Counsel for Plaintiff 1601 Cornwall Road Lebanon, P A 17042 (717) 273-3733 Date: Januarv .7f.I, 2002 f 2 ~~~ "~ , I , .,.' - ~' . " , VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. ~/~ /~eer k An erso~'-/' .-.:;.,... "^""'~ " ~~iilltI\fWii;!'~I~~'~~'''';' '..,~~~~ '...... ~ ~"-.~ - 0 a c "', ~ .,;; ~ -0-- L. mfr "'" ,~ rn 2::r' .,- -' -- "on.- 2t" :,::';;:;: N , (f) s:~ <:0 '" -<2' ~ -- ~c.' ,-', )>c ~1.1 \:;' 2' -,- ;--~, -" 1 :sc5 ry ;=~~ c=s c <s,n 2 ';::! ::;! c- <- 55 -< , -, ~,o.~'_ _., - ..~:......~~~. .~~-~_.- <. ".--.,- ~ c_ " -,~ '" LAW OFFICES Frederick S, Wolfson Timothy D. Sheffey Loren A. Schrum Paul A. Lundberg Paul C. Bametzreider Harry W. Fenton John J. Ferry, Jr. Michelle R: Calvert Colleen S. Gallo REILLY, WOLFSON, SHEFFEY, SCHRUM & LUNDBERG LLP Branch Office: 112 West Main Avenue Myerstown, PA 17067-1019 (717) 866-9095 Fax (717) 866-9160 1601 Cornwall Road, Lebanon, Pennsylvania 17042-7460 (717) 273-3733 Fax (717) 273-1535 rwssl@leblaw.com www.leblaw.com James T. Reilly (1964-2000) August 30, 2001 Brooks R. Foland, Esquire THOMAS THOMAS & HAFER LLP P.O. Box 999 Harrisburg,PA 17108 Re: John Raudabaul!h. et /IX v. Kenmar Enterorises Inc. Dear Mr. Foland: Enclosed you will find an original and one copy of Interrogatories directed to the Defendant. Also enclosed i~ an original and one copy of a Request for Production of Documents, also directed to the Defendant. Sincerely, REILLY,WOLFSON,SHEFFEY, SCHRUM AND LUNDBERG LLP Harry W. Fenton HWF/rmc Enclosures cc: John and Joyce M. Raudabaugh (w/o encs.) ~ EXHIBIT co ~ ~ Ii) A ...:. . .. Serving our clients for 60 years 7 c , + .' Complete items 1. 2. and 3. Also complete ~em 4 if Reslrtcled Delivery Is desired. . !rint your name and address on the reverse "so that we can return the card to you. . Attach this card to the back of the mail piece. or on ,the front if space pennits. 1. Article Addressed to: Brooks R. Foland Thomas, Thomas & Hafer P.O. Box 999 rarrisburg, PA 17108 ) 2. Article Number (C~y from service lab~ 7099 322~ 0001 9463 PS Form 3811. July 1999 . , 9345 x D. Is eliv ry dress different from Item 1? If YES, enter delivery address below: 3. Service Type 1l!iCertifiedMall [] Registered o Insured Mail D Express Mail o Return Receipt for Merchandise DC,O.O, 4, Restricted Delivery? (8ctra Fee) DomestIc Return Receipt DYes 10259S-(lo.M.0952 < I I, ~ ~~ .~ '. ..... , . In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Peunsylvania CIVIL ACTION - LAW JOYCE M. RAUDABAUGH and JOHN RAUDABAUGH, Plaintiffs No. 01-554 Vs. KENMAR ENTERPRISES INC., Defendants REPLY TO NEW MATTER AND NOW, come the Plaintiffs, Joyce M. Raudabaugh and John Raudabaugh, through their counsel, and reply to the New Matter of Defendant, as follows: 22. The averment of Paragraph 22 is a conclusion of law to which no response is required. To the extent a response may be deemed necessary, the averment of Paragraph 22 is denied. 23. The averment of Paragraph 23 .is a conclusion of law to which no response is required. To the extellt a response may be deemed necessary, the averment of Paragraph 23 is denied. . _ ., __ ri~~. - . . 24. The averment of Paragraph 24 is a conclusion of law to which no response is required. To the extent a response may be deemed necessary, the averment of Paragraph 24 is denied. 25. The averment of Paragraph 25 is a conclusion of law to which no response is required. To the extent a response may be deemed necessary, the averment of Paragraph 25 is denied. 26. Denied. It is denied that Defendant lacked notice of the water or other substance on the floor prior to Plaintiff's fall. To the contrary, and for the reasons set forth in Plaintiffs' Complaint, Defendant had notice of, or should have taken notice of, the substance on the floor. WHEREFORE, Plaintiffs request judgment as set forth in their Complaint. REILLY, WOLFSON, SHEFFEY, SCHRUM ANDL~;~/ By: ~~ W. Fenton, ill #55656 Counsel for Plaintiffs 1601 Cornwall Road Lebanon,Pi\ 17042 (717) 273-3733 Date: AU) vI! Zf , 2001 2 ,'r *'"""",.1 :[fAbt'~!lI]' ~"ii!L'il!ii'~' """ ~.~ ~. ' .~~ ~~~,~"' '~". ~,~ - ~. ~ ,-~, ~.~. ~,~, J.I='-~'Kjt:~tii~~~lilfiij~'" - .~~If'~~ " , ~ ~. ~,l -~- , ". ' "" ""~"~-"~:'? ' " .. .~~->- ~ ,. - '''Ie';' . - VERIFICATION I verifY that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Fa.C.S.A. S 4904, relating to unsworn falsification to authorities. ~((lgh ~ 1\~;;,""",w,~rtij~ ~="-"lI...J- ~ ~",'''''''. ~~.~ .~' ,"' - """'" " ,-~",,>~,,~,~ ailmti.!:i"'~-"""" e'.',,~~",.. ~,"'''',,'~_'h 0'''' .-,,,,,,_,~,_. -. ,~~,L .- ",. "', ~~ " ,- ~,.~ ~~J, , '~ .- - '= ,-'-' -" 0 '(,;,J ~ ~/) U C ("q IT: l-. "'l) Z ; .----::, L), (r- en -< - .- -J~;: (-~ -, Z C', '-'; 5: c:: u '-) Z ':.~) 2::~ :< ~ (n ~, . 'w . ! < JOYCE M. RAUDABAUGH and JOHN RAUDABAUGH, Plaintiffs v. KENMAR ENTERPRISES, INC.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW NO. 01-0554 CIVIL TERM ORDER OF COURT "'-,. .,^ AND NOW, this 4th day of February, 2002, upon consideration of Plaintiffs' Motion To Compel Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ~eer H. Anderson, Esq. 1601 Cornwall Road Lebanon, P A 17042 Attorney for Plaintiffs ) AOOkS R. Foland, Esq. 305 North Front Street Sixth Floor Harrisburg, PA 17108 Attorney for Defeildant :rc BY THE COURT, J. ~ Lor::Jl1~ c' ~~ 9!Ui :-.:'1.'-'- c'.",' S~ f!l ~~? ~ ~ ,'~, < .~ f""! '.....) -', . '''. - ~l " ;:.~ "-, :~~ ~.:fj --''71. ) C/'l =-' :!U -< r:-? -"......) 0'> >"~']". THOMAS, THOMAS & HAFER LLP Brooks R. Foland, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717)237-7105 (Fax) JOYCE M. RAUDABAUGH AND JOHN RAUDABAUGH, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-554 VS. CIVIL ACTION - LAW KENMAR ENTERPRISES, INC., DEFENDANT NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER LLP Date: April 9,2002 By: B'ROOKS. ND Attorney for De endant CERTIFICATE OF SERVICE AND NOW, this 9th day of April, 2002, I, BARBARA ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that 1 sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Harry W. Fenton, Esquire Reilly, Wolfson, Sheffey, Schrum & Lundberg 1601 Cornwall Road Lebanon, PA 17042 .~~k- ,,~~d_~" _ -.....r.!Ili~ ~ " -d U'-""'le''': JOYCE M. RAUDABAUGH AND JOHN RAUDABAUGH, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 01-554 VS. CIVIL ACTION - LAW KENMAR ENTERPRISES, INC., DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Custodian of Records, Dr. Rodney Hough (Name ofPernon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docmnents or things: Any and ail medical records, reports, treatment notes, diagnostic tests, correspondence, writings, etc. for treatment rendered on behalf of Joyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, HaITisburg, PA 17108 You may deliver Of mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this 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 produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compeUing you to comply with it. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland. Esquire ADDRESS 305 N. Front Street. POB 999 Harrisburg. PAl 7J 08 TELEPHONE: (7 I 7) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendant Prothonotaly/Clerk, Civil Division Deputy DATE: Seal of the Court - ' - ~< I. '. ~ --- . JOYCE M, RAUDABAUGH AND JOHN RAUDABAUGH, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-554 VS. CIVIL ACTION - LAW KENMAR ENTERPRISES, INC., DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Custodian of Records, Carlisle Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, diagnostic tests, correspondence, writings, etc. for treatment rendered on behalf ofJoyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to ~eek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its senrice, the party serving tlns subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland. Esquire ADDRESS 305 N. Front Street. FOB 999 Harrisburg. FA 17108 TELEPHONE: (717) 255-7626 SUPREME COURTlD No: 70102 ATTORNEY FOR: Derendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court :,;:C'L -..- ~~~ ~ ".~~.~ ",-, ..~, \ JOYCE M. RAUDABAUGH AND JOHN RAUDABAUGH, PLAINTIFFS IN Tiffi COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 01-554 VS. CIVIL ACTION - LAW KENMAR ENTERPRISES, INC., DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Custodian of Records, Penns Woods Physical Therapy (Name of Person or Entity) Widlin twenty (20) days after service of this subpoena, you are ordered by me court to produce the following documents or things: Any and all medical records, reports, treatment notes, diagnostic tests, correspondence, writings, etc. for treatment rendered on behalf of Joyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to dle party making this 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 produce the documents Or dlings required by this subpoena, within twenty (20) days after its service, the party serving dlis subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisburg. PA 17108 TELEPHONE (717) 255-7626 SUPREMECOURTIDNo: 70102 ATTORNEY FOR: Derendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court ~=~__J~ , ~_. ,_.I ';.. JOYCE M. RAUDABAUGH AND JOHN RAUDABAUGH, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-554 VS. CIVIL ACTION - LAW KENMAR ENTERPRISES, INC., DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Custodian of Records, Dr. David Baker (Name of Person or Entity) Within twenty (20) days after service oftbis subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, diagnostic tests, correspondence, writings, etc. for treatment rendered on behalf of Joyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061 .tTHOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, HarrisbUrg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the Part' making this 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 produce the documents or things required by this subpoena, within twenty (20) days after its service, the Part' serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R Foland. Esquire ADDRESS 305 N. Front Street POB 999 Harrisburg. P A 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70 I 02 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court . " _mL".. ~ ~7~~ ~ ~ ..,~~ I ~ . "" O,~'. 0 ,~ JOYCE M. RAUDABAUGH AND JOHN RAUDABAUGH, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 01-554 VS. CIVIL ACTION - LAW KENMAR ENTERPRISES, INC., DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Custodian of Records, Quantum Imaging (Name ofPersoll or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, diagnostic tests, correspondence, writings, etc. for treatment rendered on behalf of Joyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Hamsburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this 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 produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland. Esquire ADDRESS 305 N. Front Street POB 999 Hamsburg. P A 17108 lELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 A TIORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court ~_~~tl!!r.'t~II/"flj:-lfuI~~~..&M~"",,","fu,'Hh";;'W""'J,~~'F-""."-i';;;:'~t"jl",,-'~oH:l'ffi~_wil~j!B!II'~-' '-I_;lI/j~_~~r.lill!: __". "H -''-'" .<~,~_ ~ -<,'- "-"='"-" ~~~ ~= , -^,-" . ~,'- , - *~~d (') C < aJffi ;~~~ r:c"':=' ~ ) e(-c ~C) Pi,;:; ..::, -< ~ ~ .,~ ,- 0'1 c' "" :J:";llo -; --, ~"W .:s.,-- '" --'---;2::::; ~~ ':..J ':.n '>:J i.';'" .)~: -; '~; -::::: glf~1 b' ~ -u -< ~ 1 ~ oJ ....-""'-'" =~, .... - In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW JOYCE M. RAUDABAUGH and JOHN RAUDABAUGH, Plaintiffs No. 01-554 Vs. KENMAR ENTERPRISES INC., Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please have the above-captioned matter marked settled and discontinued as to the docket. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP BY~~~;'~ Counsel for Plaintiffs 1601 Cornwall Road Lebanon, P A 17042 (717) 273-3733 Date: November I J ,2003 . FILED-()l=FiCE OF 1":-':: ":0': :('ii'I()TARY 03 NOV 1'3 Pt1]: fl4 I' CUNlBEHNIU COUNTY PENNSYLVANIA t ~